I received many comments on my previous thread analysing the evidence used by Uefa in its 2020 prosecution of Man City for breaches of Financial Fair Play (FFP), asking me to go into more detail about what other evidence exists and why things might be different this time around when Man City face an Independent Commission later this year for the 115 charges of breaching Premier League rules.
If you have not read this prior thread, I would suggest doing so before continuing as it offers vital context. You can find it here:
If you are completely new to this topic and donât know any of the background or whatâs going on with it currently, I would suggest starting with this first thread where I cover the background behind the charges against Man City:
In this new thread weâll explore just how much trouble Man City is in by analysing publicly available evidence that underpins the Premier Leagueâs 115 charges for breaching FFP rules.
There will be more evidence not in the public domain but the vast body of evidence that served as the catalyst for the 115 charges is available for all to see. I am referring to the Football Leaks documents produced by German publication Der Spiegel over the past 6 years, where they reveal emails hacked from Man Cityâs servers that outline a complex, covert operation to breach FFP on a massive scale with no-one finding out.
I will seek to breakdown the evidence and showcase how to it might be used to prosecute Man City.
Der Spiegel has written several articles about the emails and how they outline the way Man City would covertly breach FFP by disguising injections of the ownerâs money (equity) as legitimate sponsorship revenues; conspiring with the sponsors to funnel the ownerâs money through the sponsorsâ accounts. A download of the first large cache of email leaks can be found here:
This makes up the bulk of the evidence that I analyse in this thread.
Man City revealed at the Court of Arbitration for Sport (CAS) that as many as 5.5 million documents had been obtained from the hack. As such, itâs possible there are more incriminating emails not yet released by Der Spiegel for public consumption. In the past, Der Spiegel has released new, unseen content in response to judgments and new revelations.
The 6 emails that Man City provided as originals during its CAS hearing against Uefa are just the tip of the iceberg when compared with the whole cache though. For reference, the CAS judgment and original copies of the 6 emails can be found here:
What I will cover in this thread is to examine just how damaging the entire cache (released by Der Spiegel so far) could be to Man City at the Independent Commission (IC) empanelled by the Premier League to adjudicate on the 115 charges. This will build on the analysis I undertook in my previous thread, which examined 5/6 of the original emails provided by Man City.
And since whenever evidence against Man City surfaces, you will also find an ardent City fan immediately dismiss it with âCAS said we did nothing wrongâ⊠I will also cover how it all fits in with what happened at CAS too.
The IC should commence soon and hopefully resolve the matter before summer next year.
đŁđźđżđ đ - Will I even understand all this and why does it have to be so long? (post 3)
đŁđźđżđ đź - Is the cache of leaked emails authentic and admissible as evidence? (posts 4)
đŁđźđżđ đŻ - Why wasnât the whole cache used as evidence at CAS? (post 5)
đŁđźđżđ đ° - Deep-dive analysis: Whatâs in the cache not already analysed in the previous thread? (posts 6-18)
đŁđźđżđ đ± - How damaging would the whole cache have been to Man Cityâs case had it been considered at CAS? (post 19)
đŁđźđżđ đČ - How damaging will the whole cache be to Man City at the upcoming Independent Commission? (post 20)
đŁđźđżđ đł - Why are Man City execs acting so confidently? (post 21)
đŁđźđżđ đŽ - Why are you so confident when many others are not? (post 22)
đŁđźđżđ đ” - What do you believe is a suitable sanction? (post 23)
đŁđźđżđ đđŹ - Is that it? (post 24)
Later this summer I will do a separate thread which focuses on how Man City escaped any significant penalty at CAS four years ago. However, in this thread, I will only cover the CAS hearing in a comparative manner, looking at how things should be different when compared with the IC, and the subsequent implications for the outcome.
As for this thread, itâs huge with a 1-hour+ total reading time (10,000 words and hundreds of emails / documents contained). If you decide you do want to read it, my advice would be to consume it in chunks, bookmarking the post that you get to before taking a break.
By the end, you should have a great sense of what Man City is facing though.
The whole point of this thread is to make this topic understandable by everyone.
There are already numerous fantastic opinions and analyses on this matter, including Der Spiegelâs own articles of course.
However, with each one I have read, I have found at least one of three issues exist that, in my opinion, make it challenging for folks to truly appreciate everything they would need to in order to fully digest the situation and make their own informed conclusions about it:
The content/language is not simplified sufficiently to make it accessible; or
The authorâs opinion is insufficiently substantiated with their underpinning factbase and logic in order to follow it from start to finish; or, most commonly,
The evidence is shared but not dissected, making it very difficult to link opinion back to the evidence.
I have sought to mitigate all 3 issues in this thread, writing it as clearly and coherently as I can, seeking to simplify some complex matters using accessible language. I have also tried to be as expansive as possible on my thinking to help others independently assess its worth and enable them to make their own informed conclusions. My hope is that everyone thinks about the matter critically.
My analysis is not perfect but it is the best I can do whilst trying to address the above. Itâs also why it is do damn long. đ€·ââïž
I am aware that there are respected commentators on this matter who hold different opinions to my own. I always welcome differing opinions and consider each one on its merit (so long as it has been sufficiently substantiated with fact and logic) and will even consider addendums to my posts when my thinking has been shifted as a result.
So, Iâll leave that there as an open invitation to anyone who is so inclined (best to do so in the comments of Part 10).
As such, CAS decided that Man City had, in fact, verified the Leaked Emails brought before CAS by Uefa (albeit inadvertently it would seem).
Now, some people try to assert that the emails released by Der Spiegel were âdoctoredâ. There is no accusation of this by Man City before CAS. Such an accusation is unfounded. I can only assume this lie has originated as a result of mis-reading para. 84 in the CAS judgment (photo attached).
If you line up the originals provided by Man City with the leaked versions from Der Spiegel - their contents match perfectly with only some immaterial exceptions:
The time on emails differ by one hour - I would assume this is because the hacked emails were printed out in a country with a one-hour time difference to Man Cityâs server
Some information is redacted (blacked out) such as full email addresses or names - I assume by Der Spiegel to protect individual privacy rights
Long email signatures are not always fully included (e.g., graphics with the club logo)
The emails were not doctored - there is no substantive difference in any of the content. If you want to look for yourself, I have provided the necessary links in the first post so you can do so.
Specifically with regards to Leaked Email 4 which Man City asserts was in fact two separate emails merged together, this is impossible to verify because the version that Man City provided was too heavily redacted. Even so, CAS confirms that the veracity is not in question. So again, no doctoring.
There is no evidence of doctoring and not even any accusation that anything was doctored by Man City. To suggest otherwise is folly.
First, letâs touch on their prior admissibility at CAS.
Man City tried to assert during prior proceedings that the Leaked Emails (and subsequently, the originals supplied) should not be admissible as evidence because they were originally obtained through criminal means. CAS disagreed and admitted the emails provided by Man City as evidence for the proceeding.
This statement was made in reference to CAS determining that some of the charges for alleged offences were time-barred and therefore, they decided to exclude evidence that arose from specifically investigating those time-barred offences. The paragraph refers to alleged falsified statements provided by Man City that were not weighed as evidence as a result. However, in the judgment, CAS is not specific with precisely which evidence it weighed and did not weigh for its judgement.
In paras. 213-229, CAS outlines the evidentiary value of the Leaked Emails. However, this commentary is not explicit regarding which contents were weighed and the first 3 emails relate exclusively to offences that occurred in the time-barred period.
There was crucial evidence in the first 3 emails (that CAS failed to even highlight in its commentary when assessing the evidentiary value, which is alarming). Excluding them would have been detrimental to Uefaâs case.
(As an aside, if the first 3 emails were indeed weighed as evidence then this lends itself to some inconsistent findings made by the majority of the CAS panel that I will surface in a subsequent thread about the CAS decision. This is why I believe they must have been excluded. If not, there are alarming inconsistencies between their findings and the evidence.)
So in all, I believe only 3 emails may have actually been admitted đźđ»đ± weighed as evidence at CAS.
Now, for the likely admissibility of the Leaked Email cache at the Independent Commission (IC)âŠ
It is also highly unlikely that any charges will be time-barred. CAS found certain offences to be time-barred because Uefa itself had an explicit provision within its rules time-barring offences that occurred 5 years prior to prosecution.
The Premier League has no such provision. The IC will operate under English Law which does have a statute of limitations (time-barring old offences) but it is highly unlikely
to be applied here.
The statute of limitations for civil offences prohibits âactionâ (equivilent of prosecution) more than 6 years after the offence occurred (12 years if itâs related to a speciality contract which may be the case here). However, the clock doesnât counting down until such offences could reasonably become known to the Premier League. Given the charges are based entirely on Man City hiding their offences, this would not have been feasible until the emails were leaked. As such, we are well within any applicable time limit.
So it seems extremely unlikely that English Law statute of limitations would have any bearing on the charges or affiliated evidence, like it was at CAS.
To use the whole cache as evidence, or at least the section linked above, the Premier Leagueâs legal team would need Man City to either acknowledge its authenticity or reproduce the original copies. As I understand it, this was a key matter of the legal battle between Man City and the Premier League in the English Courts of Law that Man City eventually lost but which contributed to the significant delays in empanelling the IC.
So, whereas I believe only 3 of the emails may have been weighed as evidence at CAS, I have no reason to doubt that the whole cache will form part of the evidence base at the IC and I have seen no plausible reason ever provided to hold such doubt.
The resulting difference in scale and value of the body of evidence available is stark.
During the proceedings between Uefa and Man City (prior to the CAS appeal), Man City had effectively refused to engage with the investigation or provide requested evidence. The result was Uefa convicting them of the charges that Man City then sought to overturn at CAS.
For the CAS hearing, Uefa requested that CAS order Man City to provide the âđ€đ°đźđ±đđŠđ”đŠ đąđŻđ„ đ¶đŻđłđŠđ„đąđ€đ”đŠđ„ đłđ¶đŻđŽ đ°đ§ đŠđźđąđȘđđŽâ and not just the 6 emails that Uefa based its initial case on (Man City did provide those 6 emails as originals at CAS).
This can be seen in para. 40 of the CAS judgment (photo attached).
The ârunâ refers to sequences of emails connected with the same events in the case that can be found (at least partially) in the Der Spiegel cache of leaked emails linked in the first post of the thread.
Incredibly, Man City refused to comply with this! They refused to produce the entire run of unredacted emails.
And this is where Uefa royally screwed up⊠reading paras. 309-314 of the CAS judgment, para. 311 in particular, it becomes clear that after Man City refused to comply, Uefa then dropped their demand for Man City to produce the entire run of unredacted emails. They advised CAS that they no longer deemed them necessary.
As a result, the majority of the CAS panel determined that no adverse inferences could be drawn from Man Cityâs refusal to comply and no sanction was applied as a result.
If Uefa had not dropped its demand and Man City continued to refuse production of the emails, I cannot see a world where a reasonable, impartial adjudicator would not read adverse inferences to the point Man Cityâs case at CAS would have been crushed.
This was an absolutely major screw up by Uefa - pure and simple.
First off, Iâd advise you to kill off any thoughts of conspiracy in your head if you have them.
Uefa is not one person - itâs like any major organisation, full of politics and people with competing agendas. Collusion is highly implausible and inconsistent with how events actually unfolded from start to finish. Collusion or conspiracy would have taken a very different approach.
So why do I believe Uefa screwed up this badly? Two reasons:
Pressure to resolve the matter rapidly to the point of it being expedient, so that this scandal did not hang over Uefaâs upcoming Champions League tournament
Over-confidence in their case resulting from lack of competence
In para. 311 of the judgment (snippet attached), you can see that Uefa wrote to CAS and made clear both of their desire to get the matter resolved quickly and of their confidence that the 6 emails provided would be sufficient for CAS to dismiss Man Cityâs appeal.
In addition, other surprising decisions made by Uefa appear to reinforce the theory that they had a strong preference for expediency:
Uefa accepted Man Cityâs suggestion for who should serve as the President on the CAS Panel (not normal protocol) instead of rejecting it and pushing for CAS to nominate someone in an entirely independently way from the parties (normal protocol).
Uefa chose not to appeal the CAS decision despite having strong grounds upon which to do so.
It feels like they just wanted it over and done with and preferred the outcome they got versus a world where it dragged on in order to get to the right outcome.
As for the over-confidence in their case, I can understand this to be honest. The emails are there, in black and white, outlining precisely how Man City was seeking to subvert FFP, written in their own words. They read like a confession. How could CAS not side with them?
Their incompetence, possibly due to a lack of experience, meant they failed to anticipate the means by which Man City would defend itself and also, how CAS might apply the standard of proof that it did.
Could having the whole cache admitted as evidence have helped them overcome these challenges? Weâll never know. And none of this is to say I donât find the majority decision by the CAS panel on this matter to be egregious - I do. There are multiple reasons behind this, which is something I will cover in another thread in future.
However, Uefaâs expediency and over-confidence cost them an arsenalâs worth of vital ammunition for this battle that they should have had available to them and which, potentially, could have made the difference.
So muchâŠ
More emails going into more detail about how they were covertly breaching FFP
More context demonstrating how the different parties were involved
Lots more detail in the form of attachments such as powerpoint slides with tables and charts containing damning financial detail
Emails đłđżđŒđș the key figure in the case, Simon Pearce, acknowledging the described arrangements taking place (in the 6 originals supplied by Man City at CAS, only one email is from Pearce and it was almost entirely redacted)
Emails demonstrating de facto state ownership of Man City and improper relationships with sponsors as a result
As such, there is a lot that the entire cache adds to the bigger picture and it makes for a far more damning case.
I wonât produce and analyse every single email or slide here - only the ones I feel are most relevant and easily understood, which is the majority as it happens! However, if you choose to, you can review all of them yourself in the link I provided in the first post.
This time round, rather than add all quotes directly from the emails into the posts and explain what they mean sentence by sentence; the way I have analysed the emails/documents is to group photos of them in sequence as a run of emails, then comment in the photo on what any pertinent contents mean (in simplified terms). I also provide an overall summary for each run and its implications to both the IC and what happened at CAS inside the post, as well as identify when a run connects to an âoriginalâ email that I analysed in my previous thread.
This is an email with a slide deck attachment sent from Graham Wallace (Man Cityâs Chief Operating Officer) to Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman) CCing John MacBeath (Man Cityâs interim CEO).
The email and its attachment were not used at the CAS hearing.
In the email, Wallace tells Pearce that Man City has some cash needs and asks him to facilitate cash from both the owner and sponsors. This demonstrates a controversial situation around governance / controls, where Simon Pearce is being asked to pay monies, supposedly from sponsors, on their behalf. This should not be happening.
In the attached document, there is a slide deck showcasing all of the investment made by the owner of Man City up to May 2012, with a forecast for the subsequent 3 years. This document shows that Man City disguised equity funding as sponsorship revenues from Abu Dhabi partners to the tune of ÂŁ149.5m over 2010/11 and 2011/12 and then projected to do the same going forward to the tune of ÂŁ62.5m a year over the next 3 years.
This would be equivalent to fraudulently reporting ÂŁ337m of funds over 5 years and a breach to FFP rules of ÂŁ257m (2010/11 is excluded for the FFP calculation because FFP only came into force in 2011/12).
The relevance of this email and attachment is not only does it show a plan to covertly breach FFP to an enormous degree, but it also asserts that this has already taken place.
CAS said there was no proof that any of the arrangements discussed in the emails they saw actually took place - this is a piece of evidence of such an action.
It is a significant piece of evidence for use at the IC.
This is an email run involving: Graham Wallace (Man Cityâs Chief Operating Officer), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman) and sometimes CCing Ferran Soriano (Man Cityâs CEO).
This email run relates to Email A analysed in my prior thread, found here:
None of the run, except for Email A, was used at the CAS hearing.
The email run starts with en email from Wallace to Pearce, informing him that there is an urgent need for cash. The run concludes with Email A, in which Wallace makes it crystal clear that equity is to be disguised as sponsorship income by channelling it through the sponsorsâ accounts.
Email A was already very damning, as I explained in the analysis contained in the prior thread.
However, having the entire run available amplifies its significance. In the email on 5 September 2012 at 9.38PM, Wallace asks Pearce to route cash to Man City via different bank accounts so it can be identified with different partner arrangements. The key bit is Pearceâs response of âđ±đŠđłđ§đŠđ€đ” - đŽđ”đąđŻđ„đȘđŻđš đŁđșâ.
Although this does not serve to show Pearce actually followed through - it shows he was standing by to. Something that appears to contradict the synthesis of his testimony provided in the CAS judgment.
This is an email run involving: Andrew Widdowson (Man Cityâs Head of Finance), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman) and sometimes CCing Jorge Chumillas (Man Cityâs CFO) and Graham Wallace (Man Cityâs COO).
It also involves the Senior Manager Sponsorship at Etihad and a Finance Executive - Brand & Commercial at Man City. Their names have been redacted by Der Spiegel for individual privacy reasons.
This email run relates to Email B analysed in my prior thread, found here:
None of the run, except for Email B, was used at the CAS hearing.
Email B makes up the first email in the run. In it, Widdowson is asking Simon Pearce to help channel shareholder (owner) funds through Abu Dhabi partners (Etisalat and Etihad), thereby subverting FFP. He also admits that this has already been done before, in previous quarters - an admission that the arrangements have been enacted already.
The run then goes on to show that Pearce confirms he will expedite the plan, followed by confirmation from someone at Eithad that the funds have been transferred into their bank accounts (and is burning a hole in their wallet) and that they need the invoice from Man City to transfer it on. Pearce confirms he is helping to facilitate the entire arrangement for Widdowson.
The significance of having the whole email run is to show not only was the arrangement to subvert FFP requested, but that it was also put into action. Again, more evidence to demonstrate the arrangements had been put into action, which CAS found to be missing within the limited evidence it reviewed.
This is an email run involving: Andrew Widdowson (Man Cityâs Head of Finance), Simon Cliff (Man Cityâs General Legal Counsel), Ali Alfrayhat and Omar Awad (members of EAA - the Executive Affairs Authority, a special Govt agency for the ruler of UAE).
None of this email run was used at the CAS hearing.
The run begins with Cliff providing a summary of owner funding into Man City, to a member of UAEâs Govt, Alfrayhat. Alfrayhat asks for confirmation that all amounts listed have been registered in Man Cityâs books as âđ€đąđ±đȘđ”đąđ đ€đ°đŻđ”đłđȘđŁđ¶đ”đȘđ°đŻâ (i.e., equity), which we know from other emails has not been the case. Equity has been registered as sponsorship income to subvert FFP.
The significance of this email run is to show that knowledge about the arrangements extended beyond just Man City and to members of the UAE Govt. too. In the CAS Panelâs decision, they note the relevance of all the emails they saw staying âin houseâ, meaning it was less likely arrangements were known and executed externally.
It also shows that not only are the arrangements well known across the Man City hierarchy but that many of the execs will go to lengths to ensure it is kept hidden from outside view.
As an aside, this also provides evidence that Man City is indeed a de facto state-owned club. Officials from the UAE Govt. who report into its ruler (the function of the EEA) taking responsibility for preparing schedules of owner funding into Man City - if Man City was actually just a private asset of Mansourâs, this would not be happening.
This is an email with a slide deck attachment sent from Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman) to Jorge Chumillas (Man Cityâs CFO) CCing Ferran Soriano (Man Cityâs CEO).
The email and its attachment were not used at the CAS hearing.
In the email, Pearce is asking Chumillas to produce an updated table with ADUG commitments for 2013/14. i.e., funds required from the owner for season 2013/14.
He asks for it split into sections including âđđđ¶đŁ đ„đȘđłđŠđ€đ” đ±đąđșđźđŠđŻđ”đŽâ (i.e., regular equity injections into Man City) and âđđąđłđ”đŻđŠđł đŽđ¶đ±đ±đđŠđźđŠđŻđ”đŽâ (i.e., the equity that Man City is disguising by channelling it through its partners).
This is detailing the cash required by the owner, to be channelled through the sponsors, thereby the disguising equity sponsorship revenues.
The significance of this email is that it is đłđżđŒđș Simon Pearce. At CAS, there were no emails from Simon Pearce except for one that was very heavily redacted. As such, Uefa had nothing to challenge his testimony with.
The other relevance of this attachment is it shows that disguised equity funding reached ÂŁ92.5m in 2013/14, potentially making Uefaâs original estimate of how much extra money Man City wrongfully pumped into the club, an under-estimate. The actual figure could be much higher.
This is an email run involving: Andrew Widdowson (Man Cityâs Head of Finance), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman), Jorge Chumillas (Man Cityâs CFO) and sometimes CCing Ferran Soriano (Man Cityâs CEO).
It also involves Peter Baumgartner (Chief Commercial Officer of Etihad) - this is key.
This email run relates to Email D analysed in my prior thread, found here:
None of the run, except for Email D, was used at the CAS hearing.
This run of emails starts with a concern over short term cash flow and the recognition that monies are still required from Etihad. Widdowson informs Chumillas of the cash flow issue, who then asks Pearce for clarity on when money is coming from Etihad.
Pearce confirms it will be there soon but asks for clarity on how the amount requested has been calculated.
Chumillas works through this with Widdowson and supplies Pearce with the details (Email D). In this email, Chumillas explains that Man City still requires ÂŁ57m from its ÂŁ65m sponsorship contract, explaining that Etihad pays ÂŁ8m of the ÂŁ65m, whilst the rest is ADUG contribution (owner funds).
The rest of the run confirms receipt of the payment.
This run is by far the most damaging piece of evidence in the entire cache. Not only does it explicitly set out the arrangements for disguising equity as sponsorship income (in Email D that CAS admitted), but it also then shows the communication between Pearce and the sponsor confirming a transfer of funds from ADUG to Etihad and then, evidences receipt of payment into Man City.
It showcases the plan being put into action from start to finish.
This is a devastating piece of evidence and would have turned upside down a number of key witness testimonies at CAS as well as some of the Panelâs key findings.
I can only imagine what the Uefa legal team must have been thinking and feeling as Man Cityâs witnesses declared, under oath, that they had not undertaken such arrangements; knowing full well what was said in these emails but unable to produce them to impeach. They must have felt so foolish for dropping the demand that the whole run of emails be provided by Man City.
This is an email run involving: Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman), Omar Awad (a member of EAA - the Executive Affairs Authority, a special Govt agency for the ruler of UAE), and Ferran Soriano (Man Cityâs CEO).
None of this email run was used at the CAS hearing.
The significance of this run to the case at the IC is in how it combines with email run (x). It also helps go to show that Man City is indeed a de facto state-owned club. The only way UAE Govt. officials would be facilitating financial administration of Man City is if it were state-owned and run; something Man City has categorically denied many times.
What is being discussed is the recognition that there were âđ°đłđȘđšđȘđŻđąđ đ€đ°đŻđ”đłđąđ€đ” đąđźđ°đ¶đŻđ”đŽâ much lower than what these sponsors are recorded as paying (as can be seen in the attachment of the email on 22 May 2013). This is because the original amounts are the direct payments which must be paid by Aabar and Etisalat and the rest is ADUG contribution.
If these were truly independent, third party sponsorships there would be no question of whether âđ§đ°đłđźđąđđđșâ the payments would come from them or not. That would be the only way - no âđ§đ°đłđźđąđđđșâ about it.
All this adds further evidence to support the case.
This is an email run involving: Andrew Widdowson (Man Cityâs Head of Finance), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman), Jorge Chumillas (Man Cityâs CFO), someone at the sponsor Etisalat, Man Cityâs Head of Regional Partnership Marketing and Director of Partnership Marketing (names redacted by Der Spiegel likely for privacy reasons)
None of this email run was used at the CAS hearing.
This evidence may help the Premier League in its case at the IC if it can demonstrate with accounting records that revenues were being recorded without a contract in place. However, what is certainly pertinent is itâs more evidence of Pearceâs involvement in liaising between Man City and its sponsors - a key pillar in the case.
This is an email run involving: Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman), Andrew Widdowson (Man Cityâs Head of Finance) and Jorge Chumillas (Man Cityâs CFO).
None of this email run was used at the CAS hearing.
The run is about Chumillas obtaining contact details for Omar Awad (a member of EAA - the Executive Affairs Authority, a special Govt. agency for the ruler of UAE) so that he can send him the outstanding invoices for Man Cityâs sponsor, Etisalat.
The relevance of this is that it is drawing a connection between a Govt. official who facilitates the financial administration of Man City with someone who facilitates the financial administration of its sponsor. This draws a strong connection for this being a related-party transaction, which Man City asserts is not the case and reported as such in their financial statements. It further builds the case against Man City.
This is an email run with a slide deck attachment involving: Jorge Chumillas (Man Cityâs CFO), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman) and CCing Ferran Soriano (Man Cityâs CEO).
The email run and its attachment were not used at the CAS hearing.
The run ends with Pearce acknowledging the arrangements.
None of this adds too much ânewâ evidence except for the year it applies to. However, it does yet again demonstrate Pearce interacting with the arrangements outlined in the emails - something CAS found not to be probable based on his testimony and the evidence available to them.
This is an email run involving: Martyn Hawkins (Man Cityâs Financial Controller), Simon Pearce (a Director of Man Cityâs board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityâs Chairman), Jorge Chumillas (Man Cityâs CFO), Andrew Widdowson (Man Cityâs Head of Finance) and sometimes Ferran Soriano (Man Cityâs CEO).
It also involves Peter Baumgartner (Chief Commercial Officer of Etihad).
This email run relates to Email E analysed in my prior thread, found here:
This run of emails starts with Hawkins sharing some invoices for Etihad, Man Cityâs major sponsor, with Chumillas. Chumillas forwards on the invoices with commentary to Pearce (Email E). In it, Chumillas specified that in the invoice to Etihad where ÂŁ67.5million must be paid for the 2015/16 sponsorship deal, only ÂŁ8million is to come from Etihad whilst ÂŁ59.5million is to be contributed by the owner, ADUG (as disguised equity).
As I mentioned in my previous analysis, youâd think that if Simon Pearce werenât facilitating these payments over the past few years that Man Cityâs CFO would have stopped asking him to do so by this point!
The next part of the run occurs a few weeks later. There is an email from Peter Baumgartner (Chief Commercial Officer of Etihad) confirming the payment from Etihad to City Football Group, which Pearce forwards onto Chumillas and he forwards onto Widdowson.
In the run, Andrew Widdowson (Man Cityâs Head of Finance) confirms receipt of the payment and clarifies âit is the ÂŁ8m short ie the amount that Etihad should be funding directlyâ. Here, he is specific that the ÂŁ8m (that separately ends up being paid directly from Etihad to Man City) is what they âfund directlyâ. The differentiation is the other payment is the equity that has been funnelled through Eithad. At CAS, Man Cityâs witnesses had testified that the separate payments related to monies being paid entirely from Etihad but from different internal budgets. These emails show this not to be the case.
The relevance of this run is that it again provides corroborating evidence of a whole action taking place. Whereas Email E only sets out the planned arrangements, the run supplies the context to show that it transpired.
Another powerful piece of evidence that would challenge testimony provided at CAS and weaken Man Cityâs case.
The biggest blow to Uefaâs case was a majority decision of the CAS panel to interpret the required standard of proof as meaning Uefa would need to demonstrate that owner funds were transferred into sponsorsâ accounts in order for the charges to hold.
The CAS panel asserted that to achieve this, transaction records would be required - an impossible ask for Uefa given they do not have the power to obtain such information.
However, the cache does hold documents from Man City, its sponsors and the UAE Govt. that assert the arrangements were undertaken.
Also, key to Man Cityâs case was witness testimony asserting that the arrangements were never followed, which would have been far riskier for the witnesses to assert had the whole cache been available as evidence to impeach.
So in all, itâs really hard to predict which way it would have gone.
My own personal view is the CAS decision was egregious even without the cache and that all of Man Cityâs charges should have stood with the available evidence alone. I will provide detail on what went wrong at CAS in an upcoming thread later this summer.
These arenât a handful of emails, from a few low-level employees, internally hypothesizing how they might circumvent FFP as a mental exercise. These emails:
Are between many of Man Cityâs most senior executives and directors, involving a key player in UAEâs government with powerful influence over the sponsors
Are numerous and carry on over years
Involve sponsors themselves
Outline in unambiguous terms and precise detail the arrangements they are undertaking to subvert FFP
Confirm they have enacted the arrangements to subvert FFP in prior quarters and years
Schedule payments that match receipts into Man Cityâs bank accounts
When it comes to your own documents being leaked⊠this is as devastating and incriminating as it gets.
And as for the position on required standard of proof that CAS adopted which neutered the evidentiary value of the leaked emails - that absolutely should not happen this time around (I explain why below).
Now, Iâm aware that some commentators on this matter have dismissively said that the emails arenât a âsmoking gunâ.
For me⊠theyâre far more incriminating than a smoking gun.
These emails are more akin to detailed plans on how the offences will be carried out, alongside a confession of having undertaken them. The volume and detail of the evidence is staggering. Anyone who tries to wave them away is either being disingenuous, clueless or corrupted by bias to the point of delusion.
I donât disagree that some corroborating evidence will be critical but this requirement will be far more limited and easily met than what ended up being demanded by the majority of the CAS panel as proof of guilt.
My analogy of the Premier Leagueâs investigation into Man City is that of a black holeâŠ
For years, Man City desperately tried to escape its massive gravitational pull, fighting a futile 5-year-long battle against the Premier League in the English courts. It lost and the subsequent empanelling of the IC is akin to them passing the event horizon. Thereâs no escape now. Itâs a one-way trip to the crushing force of judgement at the singularity.
CAS applies a standard of proof known as âcomfortable satisfactionâ in its hearings, including the one between Man City and Uefa. The principle applied for this standard is âthe more serious the charge, the more cogent the evidence must be to ascertain guiltâ. As far as I am aware, it is the only court in the world to apply such a standard. It is also highly subjective in the nature of what âcomfortableâ means.
In its judgment, a majority of the CAS panel specified that its role was to adjudicate on whether Uefaâs charges of fraudulent financial reporting (and subsequent implications to FFP) were proven. They made clear that their role was đ»đŒđ to judge whether Man City disguised equity as sponsorship revenue; a subtle difference but what it meant was CAS insisted that for them to judge whether Man City had fraudulently financially reported, Uefa must first establish that the arrangements described in the emails had definitively taken place. Such a demand was akin to applying a principle known as corpus delicti in English Law - the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.
As such, the majority of the CAS panel decided that this meant in order for them to determine that the arrangements described in the emails had in fact occurred (i.e., Man City disguised equity as sponsorship revenue by funnelling it through the sponsorsâ accounts) that, according to a standard of proof of comfortable satisfaction, they would need to see evidence of money transfers from Man Cityâs owner to the sponsors in the form of accounting and bank transaction records.
Now, this is the kind of evidence that would typically be required at a criminal proceeding to prove guilt beyond reasonable doubt. In fact, Iâm not sure what more powerful, theoretical evidence could even exist. Itâs also evidence that Uefa could never possibly obtain given they simply do not have that power. This is why I believe the majority of the CAS panel adopted a position that would prevent Uefa from ever winning the case. They were asking for the moon.
Again, I will explain why I believe it was wrong for CAS to do this in my thread on how Man City were let off the hook at CAS later this summer.
Had the entire cache been available as evidence (which did not just outline how the arrangements would be carried out but also provided evidence of it taking place) then it is unclear how this would have affected the CAS Panelâs decision on this matter. Weâll just never know.
Because the IC will follow English law and adopt a different standard of proof. Since the charges are a matter of civil law and not criminal law, the standard of proof required will be on the balance of probabilities and the principle of corpus delicti will certainly not apply either.
This means the IC will have to decide whether it was more or less probable that Man City committed the offences they are accused of. Itâs often referred to as the 51% test. If the IC says itâs 51% likely that they did it, then they are liable (equivalent of convicted).
As such, the level of evidence that must be afforded to demonstrate guilt is simply far lower.
Something that no-one has ever done is afford a plausible explanation for why these emails would exist if Man City were not undertaking the arrangements contained within them.
I know individuals with a rather powerful imagination when it comes to financial matters (including financial crime) and we have tried for a long time to think of one. We could not. I have made an open offer on twitter to hear one. None has been provided. One was never afforded at CAS either. Had it been, CAS would have written the judgement very differently.
Without such a plausible explanation, I donât see how any independent, reasonable person could ever set aside the vast body of email evidence and come to the conclusion that itâs more probable that the arrangements were not undertaken.
Man Cityâs legal team can show all the accounting evidence it wants to try and refute the allegations - like it did at CAS - but if you accept thereâs a possibility that the charges are true (i.e., that Man City conspired with sponsors to commit fraudulent financial reporting) then I do not see how you cannot also allow for the equally likely possibility that any accounting evidence provided has been tampered with. If youâve been running a conspiracy to fraudulently financially report - why stop now? Holding one as a possibility and not the other is simply incompatible.
As far as I understand the process that can be applied at the IC, witnesses can be made to testify under oath and members of the IC can themselves ask the witnesses questions. I would imagine the same question will arise every time - why did you write these emails again and again if such arrangements were not occurring?
This is why I believe it will be an absolute necessity for Man City to provide a plausible explanation for the emailsâ existence thatâs also consistent with their position that the arrangements were not undertaken and the reality is, there simply isnât one.
Itâs worth noting that itâs unlikely that the Premier Leagueâs legal team will restrict its evidence to the emails either. It will almost certainly have a large volume of (obtainable) accounting information and maybe even witnesses of its own. From the emails, it is clear that there were many people involved in this operation and some may have been prepared to testify. The Premier League will also have awareness of Man Cityâs prior legal strategies and witness testimony as a result of CAS, which is helpful for case prep.
All in, I suspect the Premier Leagueâs legal team will have quite the arsenal and that Man City wonât have anything like the cover it did last time around.
For me, âactingâ is the operative word in that question.
Why would they show anxiety? It does nothing to help them. Only hinder.
If they are actually confident, I would attribute it to unfounded arrogance. As Uefa found out, this is a dangerous thing.
What I would say is this though⊠if Man City were actually confident of being cleared at the IC and did in fact possess the âirrefutable evidence of their innocenceâ as they proclaim, then they were monumentally stupid to fight the Premier League in the courts the way they did. They lost and it has resulted in 35 charges for failing to cooperate with the investigation.
These are serious charges that could alone be sufficient to relegate Man City or worse (it is a danger to the league to have a participant that does not respect the leagueâs authority to investigate its members in order to ensure sporting integrity is maintained - charges such as these are VERY serious).
So if Man City really were that confident theyâd be cleared then they have screwed up tremendously.
With these kinds of things, you can never be 100% certain of the outcome - especially when youâre on the outside. Any kind of trial or adjudication can go against you for all sorts of reasons, even when your case is very strong. However, you can assess likelihoods based on what is visible to you. Whatâs visible to me are the charges the Premier League are pursuing, the Football Leaks emails and how Man City made their case at CAS. With that knowledge, I assess it likely that Man City are absolutely fucked.
When I have spoken with people or engaged them on twitter about this topic I realised two things:
Most people had never read the evidence let alone understood it.
Most people felt there was no chance of Man City being punished because (a) they had escaped proper punishment at CAS and (b) itâs been years since this came out and nothing has happened to them so far. People felt this meant the Premier League wasnât taking it seriously.
This is why I chose to start these threads. To make critical information available in a readily accessible way so that people can appreciate the situation for themselves and make their own, informed conclusions.
Iâm confident because I understand the evidence, I understand why Man City escaped punishment at CAS and I understand why itâs taken so long to get to this point. I understand how seriously the Premier League has taken this and just how hard they had to fight to get it to where itâs at now.
Iâm confident because I understand what differences exist between CAS and the IC. Iâm confident because I have trust in the calibre and unimpeachability of those individuals Murray Rosen KC will have selected to sit on the IC.
Iâm confident because when I take a step back and see this truly for what it is⊠probably the largest ever sporting scandal, described in precise detail, all in black and white by those who perpetrated it, available for everyone in the world to see⊠it becomes clear to me what the outcome will be.
And lastly, because there is no other outcome that bears considering. If this version of Man City is permitted to continue competing then we might as well all pack up our things and go home. It would serve as a blueprint for any state or other powerful actor to subvert the rules with impunity and destroy the integrity of sporting competitions such as the Premier League. What would be the point in watching it anymore?
Given the seriousness of the arrangements outlined in the emails, it demonstrates not only an operation to undertake what must amount to one of the most heinous sporting scandals in the modern era⊠but also a complete contempt for sporting integrity and a steadfast belief that the rules do not apply to them.
You simply cannot allow such persons to participate in a sporting competition if you want it to be fair and meaningful. As such, there is only one option:
Permanent expulsion until the club is sold to new owners.
I believe as a warning to others, all tainted honours should also be stripped from the club, albeit not from the players and therefore, I personally would not award honours to others clubs retroactively (Iâm sure they would find such a thing to be hollow anyway).
I also believe an enormous fine should be applied as a means of compensating clubs who were adversely affected financially by this.
Ironically, had Man City owned up to what they had done following the release of the emails then I actually believe there would have been a way back for the owners. Uefa only applied a 2-season ban from the Champions League. Maybe the Premier League Board would only have opted to relegate them or even just apply a major points deduction. Weâll never know. But, in my opinion, by refusing to submit to the rights and authority of these bodies, duty-bound to ensure the sporting integrity of their competitions, Man City has demonstrated such a dangerous contempt for sporting integrity that it should leave the IC no other choice.
The email cache I have analysed so far in this thread (linked in the first post) only pertains to the charges that Uefa pursued Man City for, all connected with the offence of disguising equity as sponsorship income.
Since then, Der Spiegel has written a new article, with further email leaks that reveal:
A Man City manager, Roberto Mancini, was paid âoff the booksâ. i.e., to avoid recording all of the expense that Mancini cost them in their accounts and reporting this for FFP, Man City paid him from other sources instead, thereby committing more fraudulent financial reporting in Man Cityâs accounts and consequently breaching FFP.
Agents and youth players were paid off the books too, thereby committing fraudulent financial reporting and consequently breaching FFP.
Man City, its owner (ADUG) and a Govt. Department of Abu Dhabi (EEA) were all inter-connected with money flows and personnel. This is in direct contradiction to what Man City assert is the reality and contradicts testimony given under oath at CAS too.
These emails likely served as the catalyst for a number of the charges filed by the Premier League against Man City, which covers ground that Uefa and CAS did not.
Once I have fully dissected these, I will post a new thread with the analysis.
I have not closed the thread though, which is capped at 25 posts. I may also add one more post to this thread in response to comments and questions.
Please note, if you ask questions or assert challenge in a way that makes it clear you have not bothered to properly read and comprehend the thread in an open minded way, I wonât be responding. From past experiences, I have realised all that does is waste my time explaining the same things over and over again to people who canât or wonât acknowledge it.
If you have a cogent challenge or question that makes clear you have properly absorbed the thread then I will endeavour to respond in good faith. I truly value this.
As previously mentioned, I will be creating another thread on âHow Man City was let off at CASâ where I build on the aspects raised here but instead, apply a specific focus not just on the emails, but on the outcome at CAS as a whole. I hope to publish this later in the summer.
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So I thought it helpful to pick out specific points and aggregate them to focus solely on this question.
My certainty comes from analysing, in-depth:
1., The CAS decision from Man City v Uefa for similar charges in 2020.
2., All of the leaked email evidence available in the public domain.
3., The recent APT hearing decision.
In summaryâŠ
The CAS decision provides a very good view of how some of the evidence will likely be interpreted, as well as how Man City previously defended themselves and what it would take to crush that defence. It also provides insight into what Man Cityâs witnesses are committed to (they cannot contradict testimony afforded at CAS without being impeached).
The leaked email evidence provides the minimum fact-base that the PL will have at its disposal.
We know the emails are real because:
a) That was revealed at the CAS hearing; and
b) If they werenât, Man City would have had to end this years ago at arbitration or the High Court.
That fact-base helps us understand how the PL can substantiate their charges and it helps us to hypothesise potential mitigating evidence and arguments that Man City could conceive.
The APT decision provides insight into Man Cityâs current defence strategy and where it has already failed, leaving them vulnerable.
Uefa sanctioned Man City in 2020 for similar breaches of their rules to the charges Man City now face from the PL.
Man City was accused of inflating sponsorship contracts in order to subvert FFP rules, for vast sums of money over many years. Enough to help them dominate football. The allegation is that Man Cityâs executive leadership team (CEO, COO, CFO, etc) conspired with a board director called Simon Pearce (who is also a member of the UAE Govt and top advisor and aide to the rulers) to have owner monies channelled through Man Cityâs sponsors (such as Etihad) and pretend that they were legitimate commercial revenues that the sponsor would pay itself.
Man City didnât co-operate with Uefaâs investigation or defend itself at its hearings - it refused to provide evidence demanded. So Uefa sanctioned them.
This allowed Man City to fast track an appeal to CAS, which was heard by a 3-arbitrator panel. 2 of the 3 arbitrators were put forward by Man City and subsequent to the hearing, both were reported to have apparent conflicts of interest - one of them reported to have serious conflicts of interest. None of Uefa, the arbitrators, nor CAS would comment on this.
The CAS panel was split at the end of the hearing. 1 arbitrator wanted to uphold the sanctions. 2 wanted to overturn and reduce them. So Man City won by a 2/3 majority.
All 3 arbitrators decided that the (limited) evidence it saw showed Man Cityâs executive leadership team requested the arrangements whereby Man Cityâs owner (holding company, ADUG) would pay for the sponsorsâ obligations.
The emails repeatedly requested that Simon Pearce enact the arrangements, over the course of years.
However, 2/3 arbitrators decided that this evidence was insufficient to prove that Simon Pearce would (or could) fulfil these arrangements. Those 2/3 arbitrators also decided this was insufficient evidence to say the sponsors would comply or had complied.
Simon Pearce and the former CEO of Etihad explicitly denied the arrangements had been put in place or undertaken. They did so in sworn testimony, as did others.
(It is worth noting something that many people overlook here. The CAS decision effectly labels Man Cityâs executive leadership team as cheats. By making a finding that the emails they wrote did, in fact, request arrangements whereby ADUG would pay the sponsorship obligations, and that this carried on for years showing they clearly believed it to be happening, combined with the fact they never reported this to Uefa or the PL, as required by the rules, makes them cheats by definition. It doesnât matter whether the arrangements were ever fulfilled or not. The intent alone is a breach of PL rules for which Man City is charged.
Also, it should be noted that the Board never fired them. The CEO and CFO are still in post. One of the others was even promoted within CFG afterwards. This demonstrates complicity of Man Cityâs Board and owners).
What most helped Man City win at CAS was Uefa expediency though. Uefa was in a rush to conclude the appeal before the start of the new season - they explicitly stated so in a letter to CAS.
This meant that when Man City refused to provide more evidence than just 6 emails, Uefa relented and chose to proceed with the appeal despite this. They had the right to demand all of the relevant evidence (something the PL fought to get from Man City through the courts, for years). Had Uefa not prioritised speed over evidence, Man City would likely have been heavily sanctioned long ago.
This expediency is also likely why Uefa did not object to Man Cityâs proposed President for the panel and why they chose not to appeal the decision despite learning of potential conflicts of interest or perjury committed during the hearingâŠ
⊠Despite all this, 1 arbitrator was still ready to sanction Man City on this limited evidence alone and the other 2 arbitrators implied in the decision what it would take for them to do the same:
i) Proof that Simon Pearceâs denials were unreliable; and/or
ii) Proof that Simon Pearce has the capability to undertake the arrangements; and/or
iii) Proof that the sponsors were party to the arrangements; and/or
iii) Proof that payments were made to the sponsors by ADUG.
In the decision, the 2 arbitrators were not clear whether one of these proofs would be sufficient or if a combination would be required.
So itâs a good thing the PL can achieve all of them thenâŠ
In my opinion, this is more relevant for Newcastle than Man City.
Man City would want the APT rules out of action in order to sign a monster Etihad deal in the interim⊠in the belief it will allow it to survive the tough winters of a few years outside the PL following sanctions from the IC.
However, that wonât help if theyâre permanently expelled subject to a change in ownership. And I strongly suspect that is the sanction the PL Board is pursuing for the 130 charges. Itâs warranted too.
Newcastle on the other hand would LOVE a free run to sign some inflated sponsorship contracts⊠although they would still need to comply with Uefa rules if they want to play in Uefa comps. So itâs unlikely theyâd be too excessive. Just a bit.
For what itâs worth, Iâd be stunned if the Tribunalâs decision is that the APT rules are entirely void in the interim. It would be a bizarre decision.
I also expect the PL would appeal it. There could be grounds tooâŠ
Itâs clear that Man Cityâs letter to the PL clubs (by Simon Cliff) is an effort to ensure the clubs donât enact new rules in the interim. The letter came across in a very clear way to me - a threat.
It smacks of more desperation. The other reason Man City is likely desperate that the entire APT rules are considered void is they still believe such an outcome will help them argue for weaker sanctions on the 130.
I donât see it. Not with how the decision was constructed. It made crystal clear the importance that APTs be at FMV for the very foundation of PSR. That means the 130 charges can only be construed in the most severe wayâŠ
1. Man City won their arguments on who should have burden of proof to establish FMV (club vs PL) and the right to review any FMV benchmarking analysis performed by the PL. This feels like the right outcome to me and something I expected. It was unfair to shift it onto the clubs or to knock back values without explaining why (at the assumption level).
The upshot of not having been able to see and respond to / challenge the analysis (and the fact the process was too long) means that the PLâs decision to prevent certain sponsorships was unlawful and Man City will very likely be able to claim against the PL for damages (potentially in the tens of millions).
Hugely embarrassing for the PL and their legal advisors on this matter. The clubs need to hold Masters to account on this.
2. Man City won an argument that the rules as a whole are unlawful because they do not also consider finance costs of shareholder loans in their calculation. This is a big shock and could have serious consequences for a number of clubs.
The reason it is shocking is because the PLâs rules are broadly in line with Uefaâs which require loans be at FMV but only if they are non-interest bearing. If they are interest-bearing, then they do not. That is why all clubs in Uefa comps generally only have shareholder loans at low interest rates and not zero rates (something the article got wrong about Arsenal).
Itâs also shocking because itâs a bizarre outcome. A shareholder loan can just be converted into equity, then there is no financing cost at all. I wish I could read the judgement and understand the arguments made and how they were interpreted because from the outside, itâs really odd. It makes sense at a surface level but not at all with any deeper thought.
The upshot though (unless the PL appeals) is that the current rules are unlawful and must be re-written. Until that time, it is unclear what governs these transactions and if that opens room for clubs to sign big Associated Party contracts now before the door is slammed shut (clubs would also need to consider implications with Uefa rules if they want to play in Uefa comps).
This could be huge for Newcastle and Man City. Especially if City are anticipating relegation for their 115+ charges - they could potentially sign a very large sponsorship deal now to get them through the tough days without PL broadcast revenues.
I canât help but think the PL massively screwed up in its case here. Very surprising outcome. But without seeing the arguments, itâs impossible to know.
3. The article is sh*t-stirring a bit with the reference to cartels and Arsenal. The rules could have benefitted Man City and Newcastle just as much as anyone else. They were broadly in line with Uefaâs and if anything, someone using shareholder loans actually disadvantaged themselves in PSR vs Man City (who just injected equity rather than making loans, hence had zero financing costs).
As for Arsenal, KSE will likely just convert the debt to equity and then there is no finance cost at all, making PSR even easier for them to clear.
4. Man City were unsuccessful in challenging the application of FMV to the transactions. This is important because it means that the rules wonât go forever; they just need to be re-written. Also, it means Man City should not be able to argue for lighter sanctions on the 115+ (covered in prior threads).
Based on this article, this result should have little to no bearing on the outcome of the 115+.
These parts are especially key regarding the case on the 115+ chargesâŠ
FMV is inherent to PSR and Gulf state clubs were not discriminated against.
This weakens the potential argument for lighter sanctions.
PL has published a statement and the decision in full.
Iâll review and share more detailed thoughts then.
A false narrative has infected the discourse surrounding Man Cityâs fate for the PLâs 115+ charges. That the PL must provide accounting or transaction records to âproveâ that the discussions in the leaked emails actually happened. That without this, Man City will escape the charges, and that it will be impossible for the PL to obtain this information.
This. Is. Bullsh*t.
Complete and utter bullsh*t.
This false narrative is almost certainly borne out of poor analysis on the CAS decision, which has been used to peddle misinformation about the case by supposed âexpertsâ.
This was asserted by a 2/3 majority of the CAS Panel and it was one of the most bizarre statements in the CAS decision.
It is bizarre because it either demonstrates gross negligence or highly concerning, irrelevant, misinformation. Either way, it calls into question the integrity of the decision.
This is because CAS operates a standard of proof known as âComfortable Satisfactionâ which, by definition, must sit between a standard of proof known as âon the balance of probabilitiesâ and another known as âbeyond reasonable doubtâ.
In para. 216, the statement makes the point that accounting or transaction evidence is needed to âascertainâ the arrangements discussed in the Leaked Emails were in fact executed.
To âascertainâ means to make certain. This isnât just my opinion - ask any (competent) lawyer and they will confirm this. This would equate to a standard of proof âbeyond any doubtâ. No such standard exists. You never need to be certain. You đșđđđ make a determination using the applicable standard of proof. Anything else is improper.
So, either 2/3 of the CAS were grossly misapplying the standard of proof or they were making a completely irrelevant statement that is highly misleading. This is one of the reasons why the CAS decision is impossible to trust, especially after it was revealed that Man City proposed 2/3 of the CAS arbitrators, both of whom were reported to have concerning apparent conflicts of interest in the case.
And for those who wrongly doubt the above; just a reminder, one CAS arbitrator disagreed with the CAS decision. That CAS arbitrator saw fit to sanction Man City for the alleged offences, based on a tiny fraction of the evidence that the PL will have⊠and at a higher standard of proof (comfortable satisfaction) than the PL will face (on the balance of probabilities). Itâs always so funny that people seem to forget this and just skate past it as if it never happened.
We donât know which arbitrator disagreed with the other two⊠but I feel highly confident that I can guessâŠ
Itâs simple - sufficient evidence to convince the IC that, đŒđ» đđ”đČ đŻđźđčđźđ»đ°đČ đŒđł đœđżđŒđŻđźđŻđ¶đčđ¶đđ¶đČđ, Man City did what they are accused of. This was also confirmed in recent relevant case law.
In Bank St Petersburg PJSC v Vitaly Arkhangelsky & Ors [2020] EWCA Civ 408, the Appeals Court confirmed that even in cases of fraud or dishonesty the correct test is whether the allegation has been proven to be more likely than not (the balance of probabilities). There is no requirement to prove that the fraud has occurred beyond all possible doubt, or to prefer an innocent explanation in place of a dishonest one. There is no requirement to âmake certainâ or âbe sureâ. To assert otherwise is to assert nonsense and demonstrate a total lack of understanding the relevant law.
The emails will be more than enough to convince the IC that Man City has done what they are accused of. Far more.
The CAS panel only got to see 6 emails.
Yet the entire CAS Panel made a unanimous finding that those emails (including from Man Cityâs CFO, COO and Head of Finance) discussed arrangements to have Man Cityâs owner fund the sponsorship payments. You can see this finding in para. 290 of the CAS decision.
A 2/3 majority of the CAS Panel decided that this was insufficient evidence to say that other actors necessary to fulfil the arrangements were complicit or even capable of fulfilling the arrangements. They decided more evidence would be required to demonstrate this to their comfortable satisfaction, especially because to fulfil the arrangements, it would have required these individuals to commit criminal acts.
The other arbitrator disagreed.
This should not be skated past either by the way. Because it means that the CAS Panel unanimously found that Man Cityâs CFO, COO and Head of Finance sought a criminal conspiracy and were party to a criminal conspiracy. That is a direct, inarguable implication of such a finding.
And that was based on just those 6 emails.
The remainder of the (hundreds) of leaked emails available to view in the public domain demonstrate that the other actors were complicit - including a Man City Board Director, UAE Government and the Sponsors. They also admit, multiple times, that they have undertaken the arrangements.
In a criminal fraud case, this level of evidence would be considered âgold standardâ. Itâs the equivalent of catching a criminal enterprise admitting to everything they have done on recording, going into precise detail about how they did it. Gameâs up at that point. Denying it all in witness testimony would be ridiculous and only subject them to further charges of perjury. The prosecution is going to win unless the defence can have the evidence thrown out. And thatâs for a criminal case with a standard of proof of beyond reasonable doubt!
The leaked cache of emails fully demonstrate:
1., What Man City sought to do, in precise detail
2., That they knew this was wrong
3., That the named actors had the capacity to fulfil the arrangements
4., That sponsors were complicit in the arrangements
5., That the arrangements were fulfilled
6., That this carried on for years
The PL has Man City absolutely bang to rights. And anyone who actually understands the evidence and what it means, knows this. If they say otherwise it can only be because they either do not understand the evidence or they are either consciously or unconsciously biased from seeing whatâs right in front of their face. I believe that erroneous statement in the CAS decision has gone a long way to establishing this bias. But itâs an irrelevant nonsense.
And by the way, none of this is to say the PL doesnât have powerful accounting and transaction evidence. They do, in a number of areas. I have previously outlined in my threads where they have this and it will all be very helpful to strengthening their case. But it isnât needed.
I go into more detail on why the CAS hearing was a farce here:
Why wonât people just believe Man Cityâs leadership team regarding the PLâs charges for breaching FFP rules?
After all, theyâve been crystal clear on this⊠They said they did exactly what theyâre accused of.
Thatâs what they wrote in their emails that were leaked anyway.
And thereâs no question about that - even the CAS panel said that the 6 emails they saw âdiscuss an arrangement whereby Etihadâs sponsorship contributions would be funded by HHSM and/or ADUGâ (ADUG = Man Cityâs owner, supposedly owned by Sheikh Mansour, HHSM).
Most Man City fans say it never happened though⊠that they never cheated.
But then those same fans also say that they have the smartest, most capable exec team in football. So how does that work?
If theyâre so smart then they wouldnât have been so ridiculously moronic as to write such things if they were not true.
So that means they think theyâre all lying for some bizarre unknown reason then, I guess?
Letâs take a look at what they wroteâŠ
Man Cityâs COO, Graham Wallace, wrote that ADUG (Man Cityâs owner) was funding the sponsors.
So what is it Man City fans?
Are you saying that heâs wrong and a moron? Or a liar?
Man Cityâs Head of Finance, Andrew Widdowson, wrote that cash from Man Cityâs shareholder needed to be paid through its sponsors, Etihad and Etisalat. Just like Etihad did for them the year before.
Thereâs also this powerpoint pack on the summary of investment made by Man Cityâs owner into the club.
It makes crystal clear that lots of that funding was for âsupplement to Abu Dhabi partnership dealsâ and âfunding via Abu Dhabi Partnersâ.
So what is it Man City fans?
Are you saying that heâs wrong and a moron? Or a liar?
Uefaâs main charges against Man City back in 2019-2020 focused on the premise that Man City was subverting FFP.
The allegation was that one individual, Simon Pearce, was facilitating this by channelling funds from Man Cityâs owner (a company called ADUG, supposedly owned by Shiekh Mansour) to Man Cityâs sponsors (UAE state-owned companies such as Etisalat and Etihad). That way, owner funds known as equity contributions could be injected into Man City whilst disguising them as legitimate sponsorship revenue. This would enable Man City to subvert FFP rules and as a consequence, spend more than the rules permitted. The allegation is that Man City over-spent this way by more than âŹ830m.
For reference, Simon Pearce was a Board Director of Man City, as well as a senior advisor to the dictator of the UAE. He was a director in the UAEâs Executive Affairs Authority (EAA) - the UAE Govt. department that exclusively serves the dictator - at the same time as being a Man City director.
Uefa sanctioned Man City for these charges of subverting FFP, banning them from the Champions League for 2 years. Man City did not defend themselves at Uefaâs hearings and instead, sought to fast-track the case to a final appeal at CAS.
Now, Iâve covered in previous threads why the CAS hearing was a farce - a key reason being that in a rush to finish the hearing before the start of the new season, Uefa agreed to use just 6 of the hundreds of damning emails as evidence at the hearing. These 6 emails were sent over a span of a few years, mostly by Man Cityâs top execs to Simon Pearce.
What many donât realise is that CAS unanimously found, on the basis of those 6 emails alone, that đ đźđ» đđ¶đđ đČđ đČđ°đ đ”đźđ± đ°đŒđ»đđœđ¶đżđČđ± đđŒ đđđŻđđČđżđ đđđŁ. This was a finding of fact (para. 290 of the CAS decision).
However, a (2/3) majority of the CAS Panel decided that the 6 emails were insufficient to also say that Simon Pearce, ADUG and the sponsors then followed through and acted on these emails, despite them continuing for years.
A (2/3) majority of the CAS panel decided that the limited email evidence they viewed was crucially lacking:
At the Independent Commission, the PL will have originals of all of the leaked emails submitted as evidence. It will also likely have far more evidence too, that is not in the public domain, care of the discovery process. However, we can only work with what we can see publiclyâŠ. but thatâs enough.
The emails wonât generally be used in isolation (unless to impeach specific testimony from a witness). Instead, they will be used collectively to build context and demonstrate a series of connecting actions and events. I have covered them holistically at length in a series of threads linked below.
However, for ease of focus, in this thread I will examine just 2 specific groupings of emails that will likely be the most damning to Man City given what they containâŠđ§”
The photos of leaked emails attached to this post encompass the following:
1., An email from Simon Pearce to Omar Awad (a member of the EAA) asking Awad to make a payment of ÂŁ31.7 million to Man City from an ADUG bank account. i.e., Pearce authorises payments from ADUG.
2., Confirmation from Awad that the payment has been made and how much is left in the account.
3., Pearce asking for a copy of the transfer record.
4., Awad asking someone else within EAA to forward Pearce a copy of the transfer.
5., The copy of the transfer record being sent to Pearce from an Associate Manager of Finance within EAA.
6., Jorge Chumillas (Man Cityâs CFO) thanking Pearce in response to an email from Pearce providing the record.
7., An email in 2015 from Chumillas to Ali Alfrayhat (another member of the EAA), CCing Simon Pearce and Ferran Soriano (Man Cityâs CEO), sharing an invoice for payment to DSM (the agent of one of Man Cityâs players) and asking Alfrayhat to pay DSM from ADUGâs account.
8., An email from Chumillas to Pearce, Alfrayhat and Soriano confirming when the last payment from ADUG needs to be made to DSM.
9., An email from Pearce to Soriano and others confirming that Awad is âvery important and helpful in facilitating our financial administration of Cityâ.
None of these were in evidence at the CAS hearing.
This is absolutely crushing evidence that the PL can use to show that:
- Simon Pearce represented ADUG and was able to authorise payments by ADUG.
- ADUG made payments on behalf of Man City, for its benefit.
- Man City was a state-owned and controlled entity.
Alone, these emails are not sufficient to demonstrate that Man City subverted FFP by disguising equity as sponsorship income. However, even CAS stated that evidence such as this, in concert with the evidence they saw, is what they needed to deem Pearce unreliable as a witness, which would have collapsed Cityâs defence at CAS.
It is also worth noting that these emails are likely sufficient, alone, to sustain all of the PLâs charges under Financial Reporting. This is because these emails demonstrate that Man City and its sponsors were Associated Parties, which needed to be declared in the accounts (they did not). Really serious stuff.
The attached run of leaked emails involve: Andrew Widdowson (Man Cityâs Head of Finance), Simon Pearce, Jorge Chumillas (Man Cityâs CFO) and sometimes CCing Ferran Soriano (Man Cityâs CEO). It also involves Peter Baumgartner (Chief Commercial Officer of Etihad) - this is key.
None of the run, except for âEmail 5 from CASâ, was submitted as evidence at the CAS hearing.
This run of emails starts with a concern from within Man City, over short-term cash-flow and the recognition that monies are still required from Etihad.
Widdowson (HoF) informs Chumillas (CFO) of the cash flow issue, who then asks Pearce for clarity on when money is coming from Etihad.
Pearce confirms it will be there soon. However, he asks for an explanation on how the amount demanded has been calculated.
Chumillas (CFO) works through this with Widdowson (HoF) and supplies Pearce with the details (thatâs âEmail 5 from CASâ). In this email, Chumillas explains that Man City still requires ÂŁ57m from its ÂŁ65m sponsorship contract, explaining that Etihad should only pay ÂŁ8m of the ÂŁ65m itself, whilst the rest is ADUG contribution (disguised owner funds).
This is evidence of the arrangements being fulfilled, with confirmation of monies being transferred to the sponsor by Pearce and with the sponsor clearly aware of this. Pearce offers to do it again, outlining some options at the end of the email.
The rest of the run confirms receipt of the payment; demonstrating that the arrangements have been put into action from start to finish.
This run is by far the most damaging piece of evidence in the entire cache of leaked emails. It would have turned upside down a number of key witness testimonies at CAS as well as some of the Panelâs key findings.
I can only imagine what the Uefa legal team must have been thinking and feeling as Man Cityâs witnesses declared, under oath, that they had not undertaken such arrangements; knowing full well what was said in these emails but unable to produce them to impeach. They must have felt so foolish for dropping the demand that the whole cache of emails be provided by Man City.
Thankfully, this wonât be an issue for the PL at the Independent Commission.