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Rangers lose EBT side letters appeal...


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...as lawlords order £250,000 fine to be paid to SPFL

 

THE Ibrox side were ruled to have gained no sporting advantage by Lord Nimmo Smith but the oldco was fined - which the newco will now need to pay.

 

A TRIO of lawlords have ordered Rangers to fork out £250,000 after they lost their long running legal dispute with the SPFL.

 

A senior SPFL source has revealed the Ibrox club have been told to pay the penalty originally handed down to oldco Rangers after an inquiry by Lord Nimmo Smith in February 2013.

 

Nimmo Smith’s commission, established by the SPL after the financial collapse of Rangers four years ago, found them guilty of a failure to declare EBT side letters during the reign of Sir David Murray.

 

However, Nimmo Smith also ruled Rangers gained no sporting advantage from the contentious tax avoidance scheme and he did not strip any titles won during the decade in question from 2000.

 

Rangers appealed the fine last year but an independent SFA tribunal, made up of three High Court judges, have now found in favour of Scottish league bosses.

 

Rangers newco, under Charles Green, were asked to accept liability for the £250,000 fine as part of the controversial five way agreement that led to the award of a licence to play in the Third Division in the summer of 2012.

 

Rangers fans will be angered at being landed with another legacy bill and, in particular, the doggedness of the SPFL in demanding it be paid, even though it was originally handed to oldco.

 

However, the SPFL insist newco Rangers gave the undertaking they would cover oldco’s costs and former chairman David Somers and chief executive Graham Wallace even engaged in talks to suggest ways of paying it.

 

All bets were off, however, when the disgraced former board were replaced by the new regime last year, led by Dave King, and he carried out a thorough review of all the club’s outstanding legal cases.

 

The SPFL insider revealed there is still an appeal route open to Rangers via the Court of Arbitration for Sport, but it would be a lengthy and expensive process and Hampden bosses are confident a line will be drawn under the matter.

 

Gers chairman King could now sanction a cheque for the payment or, more likely, the SPFL will take the £250,000 from the £474,750 prize money Rangers are due to receive if, as expected, they win the Championship in the coming weeks.

 

Rangers last night declined to comment, but it’s understood they are furious over alleged breaches of confidentiality on the news they have lost.

 

Read more at http://www.dailyrecord.co.uk/sport/football/football-news/rangers-lose-ebt-side-letters-7631674#1LPoALjQjtHE707W.99

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The SPFL issued a statement on Wednesday saying the fine related to "multiple breaches of SPL and Scottish FA rules".

 

It continued: "The Rangers Football Club Limited ("Rangers Newco") signed an agreement under which they would be liable for sums such as this.

 

"The Chairman of Rangers FC, David Somers, and on one occasion the club's then Chief Executive Graham Wallace, engaged in individual discussions with the majority of current SPFL Board members several months ago acknowledging the liability and suggesting ways of paying the sums due.

 

"Following such discussions, it was only when no sums actually arrived from Rangers FC that the SPFL Board decided to offset this liability against future sums payable to the Club."

 

Rangers, in a statement to the Stock Exchange, said: "The board of the SPFL has determined that Rangers Football Club Limited (the "Club") is liable to pay the EBT Commission fine of £250,000 levied on RFC 2012 PLC (previously The Rangers Football Club plc) (in liquidation).

 

"The SPFL has also decided that this sum will be recovered from the Club by the SPFL withholding broadcasting money and other sums due to the Club but which are paid in the first instance to the SPFL.

 

"An appeal has been lodged with the Judicial Panel of the Scottish FA which has confirmed that the decision of the SPFL is suspended pending the outcome of the appeal subject to the SPFL's right to object.

 

"The Board is advised that the sum is not due to SPFL and the appeal will be pursued vigorously."

 

http://www.bbc.co.uk/sport/football/30510604

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Whatever happened to the Steven Davis transfer money and for finishing second in 2011/12 they also withheld?

 

Edit: I found this

 

 

By Ewing Grahame

 

11:59PM BST 11 Jul 2012

 

After finishing runners-up to champions Celtic, Ally McCoist's side were due to receive £900,000 but Charles Green's Sevco Scotland Ltd will see only a tiny fraction of that sum after it emerged that the SPL had frozen their cash and will redistribute it among member clubs who had been owed money by Rangers.

 

The ruling body's financial year ends in May, although certain amounts corresponding to the previous season, such as the Uefa Solidarity money, don't usually arrive until late August or early September.

 

While the 11 other clubs are already in receipt of their cash, Rangers' money has been put aside by the SPL in order to settle outstanding debts.

 

The biggest beneficiaries will be Hearts, who are due £800,000 from the £1.5 million sale of Lee Wallace's transfer last summer. The balance is due later this month, at which point the Edinburgh club can seek restitution from the SPL.

 

Celtic are also owed £40,337 but have yet to make a claim for it. Dundee United are also due over £30,000 and it is understood that they have applied to have that money diverted into their account.

 

http://www.telegraph.co.uk/sport/foo...ber-clubs.html

Edited by ian1964
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LNS verdict: "Rangers FC is now owned and operated by Newco, which bears no responsibility for the matters for which we are concerned"

LNS verdict: "in these circumstances the financial penalty lies only upon Oldco and does not affect Rangers FC under its new ownership"

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This article from the time shows how these snakes operate. -

 

" Green is angry that his newco Rangers were required to settle football debts by the SFA but did not get £240,000 from Uefa for player participation at Euro 2012.

Green signed a five-way agreement in order to secure Rangers' SFA membership, accepting the SFA and some SPL conditions. But he interpreted Nimmo Smith's report as evidence supporting his own view that Rangers should have remained as an SPL club and not been subjected to a vote to reapply for membership, which was unsuccessful.

"Lord Nimmo Smith has said that Rangers FC is a recognisable entity which continued in existence notwithstanding the change in ownership," said Green.

"He also stated that Rangers FC, the club, includes its owner and operator. The Commission has, in effect, ruled that Rangers and its history did not die on 14 June despite reports to the contrary. This means that Rangers FC and its owner, ie me and my consortium, remained a member of the SPL even after the change of ownership.

"The bemusing part is that no-one at the SPL or SFA appeared to realise that. The SPL made the club [including its owner and operator] reapply to be a member of a league that the Commission says it was in already. If the Commission is right then the change of ownership was frankly irrelevant to SPL status. Nevertheless, we duly applied and that application was rejected."

Green said the SFA told him Rangers Football Club had "never in its long existence" been a member of the governing body, despite the club having a framed and mounted certificate of membership signed by former SFA secretary Jim Farry.

 

"So taking the Commission's reasoning and our newly-acquired framed membership certificate, you would have thought, not unreasonably, that Rangers FC and its owners were in the Scottish football family. You would have thought Wrong. No, we were told. We needed to apply for oldco's membership!

"That recognisable entity, Rangers FC then reappeared suddenly when the SFA demanded that we pay oldco's debts despite there being no legal obligation to do so. The SPL then wanted Rangers FC and its new owners to admit guilt in relation toover EBT breaches that had never been framed and accept five stripped titles.

"Rangers FC suddenly vanished again when UEFA informed the SFA that Rangers FC were due in excess of €300,000 [around £240,000] for player participation in the Euro 2012 qualifiers, the SFA have refused to confirm that the monies are due to Rangers FC despite obligations placed on them from UEFA that these monies should be distributed to member clubs.

"If the Commission is correct about this recog- nisable entity, then the SPL and SFA must be wrong in making that entity apply to join bodies it was already in.

"In our view, the Commission chaired by Lord Nimmo Smith has been placed in an invidious position by the SPL. The establishment of the Commission is the most striking example of the chaotic way the fate of Rangers has been handled by the football authorities.

"We believe that most people would not think it right that a football authority that was willing to horse-trade league titles and cups for league status, should then embark on the course of action it has chosen in setting up a Commission. There is no clearer case of moving the goalposts."

 

The SFA declined to comment on Green's statement last night. No-one was available from the SPL. "

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Aha, this clears the matter up. flagge.gif

 

And here was me thinking this was already dealt with. But maybe the club will put out a statement and clears this up.

 

Am I right with the assumption that should this money being paid, the SPL/SPFL accept that we are the same club de jure too?

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Aha, this clears the matter up. flagge.gif

 

And here was me thinking this was already dealt with. But maybe the club will put out a statement and clears this up.

 

Am I right with the assumption that should this money being paid, the SPL/SPFL accept that we are the same club de jure too?

 

The SPL/SPFL/SFA are waiting to see how the big tax case appeal goes. I have no doubt title stripping will be back on the menu should we lose.

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