Rangers: crime and punishment, and survival?
As night follows day, whenever the Scottish Premier League (SPL) boss Neil Doncaster opens his mouth, the storm of controversy will follow. So it is that overnight and into today, there’s been a storm after Mr Doncaster took his mouth along to the BBC yesterday – and opened it. Cue another firestorm of internet and non-internet comment, bampottery and unbampottery alike.
His thesis is pretty straightforward without getting into the niceties of company insolvency law. He cited two English clubs who made it back into the land of the living via a CVA. However these two clubs, Crystal Palace and Plymouth Argyle, had two key things that Rangers, at present, do not.
The CVA lifeline
First they had a workable vehicle – known as a CVA (Company Voluntary Agreement) – in place, which Rangers do not. This is simply a legally binding agreement with creditors as a means of moving the company forward this side of liquidation. Second, they had more than 75 per cent of creditors’ agreeing to the CVA.
That meant for Palace and for Argyle the agreement was there and that was all the football authorities needed to go forward. So Rangers are going to need that 75 per cent agreement from creditors to have any hope of getting a CVA going.
So Mr Doncaster is right – there is precedent and there is a way of doing things which satisfies creditors. It has happened and it has worked for the good of football and for creditors. The catch it that those two things – CVA and agreement of creditors have to be in place.
Terms and conditions apply
So what is the SPL really saying here? Sources there indicate the following scenario. Bill Miller or Blue Knights come in and buy the club. Suddenly there are at least a few million to satisfy 75 per cent of creditors and the CVA becomes something that can be agreed. Or even the beginnings of a process to a NEWCO. The word within the SPL seems to be there’s a good chance of getting the 75 per cent needed to move forward.
Of course there are one or two slight difficulties here, like it might not happen with the taxman being the biggest of creditors and with the Big Tax Case hanging over everything like the proverbial Sword of …etc.
One thing is clearly emerging though and that is Bill Miller – one of the two Rangers bidders – will get absolutely nowhere with his demands that the SPL drops further rule changes with possibly increased points penalties on clubs that go bust and drop its investigation into whether or not Rangers registered players properly with the SPL.
So will Bill still want in? It seems so, since this point will by now have been made to him clearly by the SPL, in words that leave no room for trans-Atlantic misinterpretation.
Then there is UEFA. Oh yes – them. They need three years’ trading figures from a NEWCO – a new company following liquidation – which was well known but here’s the key thing: they are considering the same for a CVA. In effect this means a three year ban from European football because no CVA could provide such figures until three years trading have elapsed. Nor could any NEWCO for equally obvious reasons.
Could Rangers stay in the SPL?
So the SPL case runs thus when it actually gets round to the matter of football: yes – Rangers could feasibly stay in the SPL, but they will have had the 10 point deduction already, and if they are still in administration come August they face another 10 point deduction next season (a stronger sanction than in England).
They may well also face a year-long ban on buying any player over the age of 17, and it looks like UEFA will want three years of accounts which means a ban from Europe. They could also face increased points penalties to be voted on next week by the SPL and having much of their silverware cancelled as a result of the SPL investigation into player registration.
You have to say, if Rangers remain in the SPL it is difficult to see it happening without a fair gamut of sanctions and punishment. But there are many ifs and buts here at this stage.
The wider world watches
Then there’s the problem of possibly owing the taxman up to £75m. Nobody, frankly, has many answers to that, given the £75m ain’t there. Should Rangers go down on the tax case, the public demand for punishment (for not being able to walk away as it were) will come into play in a way we have not yet seen I suspect. We are post-banking, post-sub-prime, post-RBS here and the wider world watches from the Treasury to UEFA.
Things are not as before. Expect big politics and heavy lobbying to come into play at that stage.
So in factual terms that is where we are at. Some of the above sanctions are under appeal, in negotiation or simply in complete abject secrecy (like the player registration probe).
But the key here is to watch UEFA – if they are serious about making no distinction between a CVA and a NEWCO then a three-year ban on European competition looks a certainty and no amount of dealing or horse-trading around Glasgow will be able to affect that.
Let’s see if Bill Miller will attempt to put his pistol to UEFA’s head in the way he has just tried to do with the SPL – ‘drop your sanctions and I will buy your club!’ Sorry Bill, it won’t wash these days in Glasgow. I somehow can’t see M Platini over there in Switzerland getting out the cognac and sitting down to hear your plan, either.
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There are 42 comments on this post
Is McCoist correct to say there will be a newco but no liquidation? Sure a newco only applies once the oldco dies?
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The only issue thereis your beliefe that a CVA needs to be in place in order for the newco be accepted by the SPL.
Sure that was the case in the examples from England you mention and to be fair that is of course the examples used by Doncaster.
But there is no such requirement here in Scotland for a CVA to be in place before a newco is accepted.
Even in England it is not a hard and fast rule, as illustrated when the FL used their discretion to allow Leeds back in as a newco before a CVA was eventually agreed on the oldco
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I agree Alex, the nonsense show that is currently playing out will fade dramatically should RFC lose the Big Tax Case.
Public outcry is guaranteed.
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Alex,
Have you asked if Rangers can play in the SPL without the Euro license?
It is my understanding that to play in the SPL, all clubs must have a UEFA license.
A barrier to newco Rangers that no one seems willing to clarify right now.
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Excellent
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You need to be careful Alew you will end up on the threat, intimidation & boycott list if you dont stop shining a light on the corruption in Scotland.
Honest football fans up here will have to depend on the SFA (no laughing at the back)or UEFA.
Who will take mr Platinis call Campbell Ogilvie?????.
A petition was presented to Neil Doncaster from honest fans from all over Scotland including fans from every spclub in the SPL , IS there any chance someone can ask him what he thinks of it or is he to busy fixing things to listen to the lifeblood of our sport.
A sad day in scottish football(not the first)when we the fans have to hope and pray that UEFA will step in and force fairness ,justice & sporting integrity at be implemented by the custodians of our game WHO SHOULD BE DOING IT THEIR SELF.
KEEP SHINING THE LIGHT OF TRUTH ON THEM ALEX.
Ps thank you for all your efforts,you are a breath of fresh air up here in corruptland.
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Alex, I hope you enjoyed both your recent Old Firm matches and can appreciate the passion for football in Glasgow. You say that this story is about corporate governance, but it may also be about the beginning of the end of Scottish football. I and many like me are, for obvious reasons, on the verge of turning their back on the game.
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I certainly hope you are right Alex, but I fear you have underestimated the power Rangers have within the dens of both the Footballing authorities and the media.
It looks as if Rangers and the SPL are about to pull the old ‘switcheroo’ which I believe was Craig Whyte, David Murray and Ranger’s intention all along.
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They have no audited accounts for year ended June 2011. There is no sign of these being published. One has to wonder why, what did the auditor put in his report which was so bad that simply not releasing them, being suspended on the stock exchange, and denied European football next season was seen as the better option.
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What a load of pish. You don’t have a clue old boy. You’ve downloaded most of this tosh from your befuddled grey matter.
Take the train back to Euston, go toy your litle house and lie down with curtains drawn for a month.
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First time reading your blog/posts Alex, but have read some good supportive comments on the Daily Record sports blog, and I must say that I am in agreement with them; if only the Scottish journalists were writing articles as good as yours. The article has certainly cleared a few points up for me.
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Are we to allow Alasdair MCoists call to arms to go unpunished completely. Still the most sickening development in this saga. Completely wiped under the carpet up here.
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Is the Rangers story right up there for you, or is there nothing else interesting going on in the World?
What a joke, just like the threat you received.
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Rangers are currently coming in for a bit of stick and don’t seem best pleased that the SFA are daring to punish them – and that the other SPL clubs are daring to consider punishing them – for apparent cheating.
Fact is, the biggest scandal of all is possibly around the corner in the Big Tax Case, where you potentiality have a club who not only used an illegal tax evasion scam but potentially fielded ineligible players in over 700 competitions (including UEFA competitions) over a decade.
If that were to be the case, then Rangers can expect the bad press to increase tenfold and more punishments surely in the post.
It would surely be impossible for any rational person to make a case for their defence, but judging by the noises coming out of Ibrox just now, it would all probably be someone else’s fault. And the club will no doubt be threatening to impose it’s own sanctions on anyone who dares to suggest fair punishment.
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Toche Toche . Podium
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I fully expect the “establishment” to close ranks and ensure any sanctions ref. rangers are mild. Rangers and humility make strange bedfellows, no remorse, no acceptance of wrongdoing and the usual aggressive bluster from supporters and ex-employees alike.
The repugnance felt by football supporters in Scotland will follow rangers for generations.
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Fans of other clubs (especially Celtic fans like yourself) don’t like Rangers? Wow.
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And just so there’s no confusion, you’re not too popular either.
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Excellent article Mr Thomson, VERY ENLIGHTENING,& VERY INTERESTING, I LOOK FORWARD TO MORE HONEST REPORTING ON YOUR SITE ( THANKS TO YOU AS WELL MR MC GIOLLA BHAIN ) SERVA FIDEM MR THOMSON
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I don’t really agree that the sanction applied should depend on how they exit administration. They should be punished for what they did and the fact that they have cheated for close on 20 years Creditors agreeing a CVA is too arbitrary. Teams could be punished more severely for lesser crimes!
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ffs ! when are they going to get put out of their
misery ,
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“having much of their silverware cancelled”
Alex take a deep breath…. The worst outcome would be the trophies from some of murrays time under threat not even close to “much”! things are bad enough without the media being over dramatic!
Agree with your point about bill miller, guy sounds like a blustering buffon with shades of the hearts owner about him. Defo not good choice for club.
Neil doncaster is just thinking of pound signs not whats best for football morally. let rangers go to 1st or 3rd division then come back time served with the whole world shown that the rule of law governs scotland and its football. Just because the majority of teams are unsustainable without their parasite relationship with the old firm is no reason to keep rangers in the spl. Let them go bust as rangers have! The spl is sick and I think this is the medicine.
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Alex I hope people like you will keep up the pressure to have justice here. Corruption and bigotry in this country has been allowed to continue for to long.
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UEFA cant be happy with the way Rangers competed in their competitions for years and years with alleged ineligible players.
Never mind the SPL`s half hearted attempt at kidding on they investigated Rangers` “cheating years” is it not about time UEFA carried out their own investigations ?
Afterall, Rangers did compete in a UEFA final in 2008 with players against whom it is being alleged were not properly registered by the SFA and therefore ineligible to compete in Europe never mind in a UEFA cup final.
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It’s taking so long to resolve I’m beginning to think the BTC is a figment of the imagination.
The law can be an ass sometimes, and sometimes tediously slow.
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Alex, how can a club that has played ineligble players for years, owes 140M mostly to the tax man i.e you and me be allowed to stay in the SPL when the newco is formed by walking away from their debt ? Surely all sporting integrity will be gone forever up here. What kind of precident does this set. Serious questions have to be asked of the SPL, SFA and UEFA Alex.
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For the greater good of Scottish football obviously.
There’s not a cheating team like the Glasgow Rangers, no not one, never, not one.
They are the tax dodging Peepil!
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What has any of this got to do with you? go and report on the big issues of the day, war? famine? murder? leave us alone, your bias is clear for all to see, you have had your say now please keep it shut and go away
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@Paul – That’s Rangers fans solution to hearing uncomfortable truths “shut it and go away”. No wonder the club is in such a state.
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Can Scottish football come out of the biggest scandals the game has ever encountered with its integrity intact?
Not if the SFA/SPL have anything to do with it!
Financial fair play? Not a chance!
Just waiting on HMRC to pull the trigger and end this embarrassment once an for all!
Are the SFA/SPL too scared of the “peepal’s” backlash?
Are the deliberately putting off making a decision in the hope that HMRC does it’s dirty work for them?
Certainly starting to look that way!
Alex, enjoyed your blog and keep up the good work! Journalism from an unbiased point of view is certainly a much needed breath of fresh air north of the border! Bravo!
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Alex, have a look at some of Bill Millers previous, is he a fit and proper person….mmmmmm
http://www.owlsonline.com/?page=forum&thread_id=5733
Would appreciate your thoughts.
Regards.
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Treating this administration in isolation is the only way Neil Doncaster can make any kind of comparison with other precedents, but even there no precedent club owed HMRC so much and deliberately stacked up the debt when they could have sold players in August and January to pay the PAYE/VAT. Why was that done if not to deliberately invite liquidation in order to avoid the EBT bill?
If the EBT case goes against them then there is no precedent anywhere for what Rangers have done to Scottish Football OR the UK taxpayer.
Mr Doncaster is only telling the parts that suit his agenda.
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Are we missing something Alex ?? as surely there are only two ways to go now 1. Sell as Rangers and face potential claims of 134K Sterling or 2. Liquidate and face Creditors claiming same. Surely in this day and age the Tax man is not going to let a Football club (and remember it is only football) off with spending the countries silver when the poverty levels are so high. A CVA requires agreement which I cant see a responsibile Tax department giving. I saw a banner at Hampden where Rangers supporters were trying the guilt approach of job losses at Rangers if they have to suffer the consequences of their actions… how many teachers, nurses will lose their jobs if the tax bill isnt paid, how many people will lose their jobs in ticketus etc. Man up Rangers its time!!
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Alex,
An easy to read and understand synopsis of the current situation at Rangers.
No doubt this saga will go on for days and months to come. What I would say is if SFA/SPL continues to delay the sanctions against any club in either administration or newco, then it gives rise to any God’s amount of conspiracy theories. The dual contract investigation has mysteriously been sidelined. Why? The SFA/SPL should be very careful in what they wish for. If they, as I suspect, want to keep Rangers in whatever form, in the SPL they had better be prepared for the consequences of doing so. The feelings of fans of other SPL/SFL clubs are very well known. They all want Rangers punished. If Neil Doncaster bows to blatant Rangers intimidation (Sandy Jardine’s led protest) and rolls up to a microphone sometime in the near future confirming that Rangers will stay in the SPL with little or no punishment will be met with incredulity. Fans of all the other SPL/SFL clubs are by far in greater number than those that bothered to protest at an empty SFA. You may find the Tartan Army will be selective in which games they give their hard earned cash over to watch. We also do not need to bow to the great god SKY TV. Celtic will survive the hit. Other clubs will need to encourage home fans through the gates to compensate for the loss of TV money. For example Kilmarnock and Hearts took approx 17K-20K fans to the cup semi/finals. They need to retain just 300 of those fans for each home game to compensate for the TV hit. Where do these so called fans disappear to? If Killie retained a fan base like that they may indeed challenge the Old Firm on a regular basis.
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Much humble pie is still to be digested before the blue beaked ostriches pull their heads out of the sand and see the big picture, Alex.
The penny still hasn’t dropped with most of them. The reality is that the days of their bullying bluster and arrogant prancing are over.
Any attempt at squirming out of their liabilities, especially their Tax liabilities, must be dealt with firmly.
Any expedient compromise which panders to the notion that Scottish football won’t survive if they are forced to seek entry to the SPL will not be accepted by the vast majority of football supporters in Scotland. If Rangers or their Newco stay put in the SPL then our game is finished.
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http://www.lostbhoys.com/2012/05/oz-chris/lies-damned-lies-and-statistics
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i guess i am first up (or near to it). As an obvious Celtic supporter I’d like to thank you Alex, for your balanced and largely bipartizan reporting of this issue. The lad Phil and the elusive RTC obviously stirred your interest in the happenings of football in the best bigoted backwater of the world an a tip of the hat, or chapeau! to them, I say. Your involvement however cannot be decried as anything other than journalistic integrity and balanced reporting. So , again,from someone compelled to leave the old country in favour of a new, unbigoted colony for the sake of my children’s future, a sincere thank you for presenting the truth to a widrr audience without fear nor favour.
Chapeau sir!…..and of course, a tip of the hat
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“Bipartisan”? Does that cover those who don’t like Rangers and those who really don’t like Rangers? ;0)
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I can see a play being written about all the Rangers shenanigans ….and it running in perpituity to generations of audiencies…a kind of sporting version of the moustrap crossed with Al Capone and the Untouchables.
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Rangers are financially, ethically and morally bankrupt. Witness Super Ally talking the other week about taking whatever punishment comes their way because, he admitted, they had done wrong. Fast forward to the SFA sanctions being announced and he’s demanding to know who these peepil are. They really don’t get it. Go to the third division, atone for for the sins of the past and concentrate on paying back every creditor every penny you owe no matter how long it takes.
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Hi All
Where to start so many points on the issue of Glasgow Rangers FC that never get answered so many points that go on forever,The Big Tax Case,The Wee Tax Case,The Second Contracts,The Rules and Regulations Changes,The Challenge to the SFA from Mr Sandy Jardine with the RFF Chaps and of course ADMINISTRATION.
Who will play who in the movie of this continuing SAGA
I have never known so much press about a club who have Failed in so many ways. If you or I had made such a mess of our financial situation we would have been taken to task long long ago.Mr Murray lead the club down the Road of Dreams and turned it in to a Nightmare for his Loyal Fans.Where is he ? he handed it over to Mr White who is a Nightmare, where is he?.
Administrators of Glasgow Rangers can only do what they can with the pack of cards they have before them but they will get every penny owed to them so time is of no great importance to them every day is another load of money for them.
The Second contract is REAL its not part of any Dream it was real,away to attract players from all parts of the world to Glasgow Rangers to allow Mr Murray pursue his DREAM for his club,how else could you convince players to leave a country were tax was less on there wages to a League of poorer quality.
Every player and every Agent and every official who had a part of completing the Player Contract would know what was in the Player Contract agreement to be lodged with The SFA and SPL as all get copies of the final contract,so to make it simple if you were to receive £20,000 a week and your Final contract only had £10,000 on it ,you would be saying,wait a minute where is my other £10,000 well we all know where it was, don’t we Boys and Girls its in the very Special Contract.
To be continued!!!
Agent One
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Rangers will never show any contrition or atonement.
In their mindset, they are….’the people’. The ones who count and to whom any criticism is an affront.
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