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EFL charge Derby over ffp


alexxxxx

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2 minutes ago, Ghost of Clough said:

Birmingham also had their hearing on Wednesday (their 2nd one), and escape without punishment.
https://www.telegraph.co.uk/football/2020/02/12/birmingham-city-state-case-battle-avoid-second-points-deduction/

Link says they've not had their punishment yet? 

"Birmingham could be hit with a points deduction of up to three points if found guilty and will discover their punishment, if any, later this month.

They were docked nine points last season for breaching the EFL's Profitability and Sustainability rules, exceeding the permitted £39 million losses over a three-year period."

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6 minutes ago, ThePrisoner said:

Link says they've not had their punishment yet? 

"Birmingham could be hit with a points deduction of up to three points if found guilty and will discover their punishment, if any, later this month.

They were docked nine points last season for breaching the EFL's Profitability and Sustainability rules, exceeding the permitted £39 million losses over a three-year period."

You're right, I completely misread it ?

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32 minutes ago, Ghost of Clough said:

Not sure, but it usually takes the EFL a month to write a follow up letter. Late March would be my guess - they won't want this to drag over to next season.

 

Looking into the Birmingham case brought up something fairly interesting. The EFL charged Birmingham in August 2018. The sanction guidelines for clubs failing P&S were changed in September 2018, and from what I can tell, Birmingham were punished based on those amendments. The EFL actually tried to push for a harsher penalty than what was voted on in September 2018!

Taken from the Birmingham case

image.png.b2a25be4b6b63daa1eb81fae034c5464.png
image.png.9eb9dde684ee9c6cdb55144c61ca3e26.png

Based on this, the starting point for our punishment is 12 points (as I'm sure you know) if we exceeded the limit by more than £15m. If we exceeded the limit by less than £15m then the penalty ranges from 3 to 12 points. Given our trend in spending has most likely reduced since the 17/18 season due to a reduction in wages, we may see the penalty reduce further. However, we could see extra points taken off if we're judged to have misled the EFL, auditors, valuers, or someone else. Undefined 'mitigating factors' also can also be considered - maybe being led to believe we were complying with the rules, a sponsorship deal collapsing, injuries to new signings?

 

On the hearing being so long after the charge was brought:

image.png.53e9f751b44bd5170296f78d265bc834.png

Considering "the season following the conclusion of the relevant 3 year period" was last season, I'm not sure where that leaves us regarding the period ending in 2018, as it's suggested any possible penalty should have been handed out last season.

The commission also noted how Birmingham didn't consult the EFL regarding the signings despite knowing they'd fail P&S. This may play in Derby's favour as the EFL was involved in ourstadium sale and amortisation policy.

Birmingham's penalty: starting point was 7 points due to overspend, minus 1 point for promptly accepting the breach, plus 3 for deliberately exceeding the limit (heavy spend on players in 2017) = 9 points total

If the EFL have a sense of humour, they will dock the points from last season's total. Thus they follow the letter of the law and as an extra bonus for everyone, really piss Gibson off.

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3 hours ago, AndyinLiverpool said:

If the EFL have a sense of humour, they will dock the points from last season's total. Thus they follow the letter of the law and as an extra bonus for everyone, really piss Gibson off.

I think it would be a really nice move - And then let Boro into the playoffs as long as they can get a team together for a home leg on May 11th 2019

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3 hours ago, AndyinLiverpool said:

If the EFL have a sense of humour, they will dock the points from last season's total. Thus they follow the letter of the law and as an extra bonus for everyone, really piss Gibson off.

Is "having a sense of humour" the same as someone accusing you of "You're 'avin' a laugh"?

If so, then yes... yes, they do have a sense of humour!   This could happen!  :-)

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7 hours ago, AndyinLiverpool said:

If the EFL have a sense of humour, they will dock the points from last season's total. Thus they follow the letter of the law and as an extra bonus for everyone, really piss Gibson off.

Does that mean that I can pretend Wembley against Villa never happened and we can delete that thread?

Is Frank still here? ?

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I want to kmnow the truth regarding the EFL's involvement in the discussions with us and the stadium sale. .. I just cant square the claim that we made them aware and they agreed .

Just basic contract law says you cant add conditions after an agreement .. so odd the whole story. I guess we will never know 

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18 minutes ago, Millenniumram said:

Strange we’ve still had no news on this yet. I’d have at least expected a date for the hearing to have been set by this point. It’s certainly dragging on

Weren’t The Wendies charged back in November and they haven’t had a date for their hearing yet?

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9 minutes ago, jono said:

I want to kmnow the truth regarding the EFL's involvement in the discussions with us and the stadium sale. .. I just cant square the claim that we made them aware and they agreed .

Just basic contract law says you cant add conditions after an agreement .. so odd the whole story. I guess we will never know 

I don’t want to contradict the club statement, regarding “ our” side of events because I have zero inside knowledge of such events. But if that is true in both the letter and implementation of the law. Then there is zero chance we would have been charged. The EFL doesn’t have enough money to take on someone as rich as MM with such a flimsy case. The first stage is likely to cost them  upwards of million, including our costs , these millions will quickly escalate with appeals and appearances in a “proper” court, such as court of arbitration in sport. They must at least think there is a smoking gun and feel that there’s a good chance of finding it on the grassy knoll. If our case is as strong as I hope it is and have been led to believe. We could end up “owning” the EFL, quite literally. 

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40 minutes ago, Millenniumram said:

Strange we’ve still had no news on this yet. I’d have at least expected a date for the hearing to have been set by this point. It’s certainly dragging on

That's assuming that we're dealing with a professional organistaion who have guidelines and procedures that are followed to the letter - unfortunately this is the EFL, which seems to be run by a bunch of executives most of whom couldn't find their own arse with both hands and a 1 to 1 scale map......

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On 10/02/2020 at 13:14, CornwallRam said:

Best way to annoy the EFL and Gibson is if the club buy back the stadium for £80m, thus proving it is worth that, and fork out £10m for the roof and fancy pitch cover, and then sell it back to Mel for £160m as a fully functioning venue.

This seems like a tongue in cheek comment however business do this all the time

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43 minutes ago, Ramslaar said:

This seems like a tongue in cheek comment however business do this all the time

Abso-fkn-lutley. Eon, starbucks, Amazon, google even f’in Boots. They do so much dodgy stuff it’s incredible- that’s why MM, Cos he’s a business man, tries this stuff on. It’s standards business practise and I don’t blame him one bit. The naivety on some comments on his tactics make me laugh. 
 

He’s making calculated risks and some pay off and some don’t. But he knows exactly what he’s doing. 

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