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Arsenal & football fan. Providing accessible commentary on football financial matters. ๐Ÿฆ‹ https://t.co/3Bv3LtPCln
Nov 29 โ€ข 5 tweets โ€ข 4 min read
โšฝ๏ธ๐Ÿ‡ฆ๐Ÿ‡ช ๐—ฃ๐—ฟ๐—ผ๐—ผ๐—ณ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ถ๐˜€ ๐˜€๐˜๐—ฎ๐˜๐—ฒ-๐—ฟ๐˜‚๐—ป ๐—ฏ๐˜† ๐—จ๐—”๐—˜

Thereโ€™s a story today that an amendment has been proposed to the Football Regulator bill (currently going through the House of Lords) which would ban state-ownership of football clubs.

I doubt it will pass Parliament.

But even so, a lot of push-back this morning saying that this would not apply to Man City because they are not state-owned.

๐Ÿ˜‚

The assertion from the club has always been that Man City is a private endeavour of Sheikh Mansour, Vice President of the UAE and brother to its ruler, MBZ.

I do not know the current ownership structure of Man City. They tweaked it after the Football Leaks. But before 2019, Man City was most certainly state-run. Mansour was just a front-man.

How do we know this? From the Football Leaks.

Prior to 2019, Man City was owned by a company called Abu Dhabi United Group (ADUG), supposedly owned by Mansour in a private capacity with no connection to the UAE as a state.

The state of UAE has a Government Department known as the EAA, the Executive Affairs Authority.

๐™๐™๐™š ๐™€๐˜ผ๐˜ผ ๐™ž๐™จ ๐™– โ€œ๐™จ๐™ฅ๐™š๐™˜๐™ž๐™–๐™ก๐™ž๐™ฏ๐™š๐™™ ๐™œ๐™ค๐™ซ๐™š๐™ง๐™ฃ๐™ข๐™š๐™ฃ๐™ฉ ๐™–๐™œ๐™š๐™ฃ๐™˜๐™ฎ ๐™ข๐™–๐™ฃ๐™™๐™–๐™ฉ๐™š๐™™ ๐™ฉ๐™ค ๐™ฅ๐™ง๐™ค๐™ซ๐™ž๐™™๐™š ๐™จ๐™ฉ๐™ง๐™–๐™ฉ๐™š๐™œ๐™ž๐™˜ ๐™ฅ๐™ค๐™ก๐™ž๐™˜๐™ฎ ๐™–๐™™๐™ซ๐™ž๐™˜๐™šโ€ ๐™ฉ๐™ค ๐™ˆ๐˜ฝ๐™•, ๐™ฉ๐™๐™š ๐™ง๐™ช๐™ก๐™š๐™ง ๐™ค๐™› ๐™๐˜ผ๐™€.

You can see that on their own webpage (screenshot attached).

So itโ€™s not Mansourโ€™s private office. But the Government Department that functions to exclusively serve the ruler of the UAE, MBZ.

And it was ๐˜๐—ต๐—ฒ ๐—˜๐—”๐—” ๐˜๐—ต๐—ฎ๐˜ ๐—ฟ๐—ฎ๐—ป ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€ฆImage First, itโ€™s worth noting that:

The Chairman of Man City, Khaldoon, is also the Chairman of the EAA and key advisor to MBZ.

A Board Director of Man City, Simon Pearce, is also a Director of the EAA and key advisor to MBZ.

Simon Pearce is also front and centre of the allegations that Man City breached the Premier Leagueโ€™s PSR.

Well, here is an email from Pearce CCing Man Cityโ€™s CEO, stating very clearly that Omar Awad, an employee of the EAA, is โ€œvery important and helpful in facilitating the financial administration of Cityโ€.

So a Board Member of Man City has stated that an EAA employee handles Cityโ€™s finances.Image
Nov 27 โ€ข 8 tweets โ€ข 9 min read
โšฝ๏ธโš–๏ธ ๐—ฃ๐—Ÿ ๐˜ƒ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐Ÿญ๐Ÿฏ๐Ÿฌ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€ - ๐˜๐—ต๐—ฒ ๐—ฝ๐—ผ๐˜„๐—ฒ๐—ฟ๐—ฝ๐—ผ๐—ถ๐—ป๐˜ ๐—ฑ๐—ผ๐—ฐ๐˜‚๐—บ๐—ฒ๐—ป๐˜ ๐—ผ๐—ณ ๐—ด๐˜‚๐—ถ๐—น๐˜ ๐Ÿ“Š

People asked for an explainer on this document, so here it is!

Itโ€™s an internal Man City document covering owner funding into the club, created in May 2012.
It shows historic funding and projected funding for future years.

This came from the Football Leaks cache (part of the 5.5m documents hacked from Man Cityโ€™s servers).

We know itโ€™s real and it was not used as evidence at CAS (more on that later).

๐—œ๐˜ ๐˜€๐—ต๐—ผ๐˜„๐˜€ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฑ๐—ถ๐—ฑ ๐˜„๐—ต๐—ฎ๐˜ ๐˜๐—ต๐—ฒ๐˜† ๐—ฎ๐—ฟ๐—ฒ ๐—ฎ๐—ฐ๐—ฐ๐˜‚๐˜€๐—ฒ๐—ฑ ๐—ผ๐—ณ ๐—ฏ๐˜† ๐˜๐—ต๐—ฒ ๐—ฃ๐—ฟ๐—ฒ๐—บ๐—ถ๐—ฒ๐—ฟ ๐—Ÿ๐—ฒ๐—ฎ๐—ด๐˜‚๐—ฒ (PL). i.e., used sponsors to disguise owner funds being injected into the club in order to subvert PSR. More on that in a bit

But firstโ€ฆ.Image
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๐˜พ๐™ค๐™ฃ๐™ฉ๐™š๐™ญ๐™ฉ

First off, some basics re. company finance and PSR. (will aim keep it as simple as possible)

Football clubs, like any company, need cash to run their operations. If they run out of cash, they canโ€™t pay their bills.

Companies primarily get cash from two sources:
1., Income / profits.
In a football club, this could be Broadcast (TV) revenue, Matchday income, Commercial deals (e.g., Sponsorship), Merchandise, Investment income, Profit on player sales, etc.
2., Capital (aka โ€œfundingโ€). This is debt or equity.

Debt can be from a third party (like a bank) or from shareholders (owners) and is normally in the form of a loan.

Equity is when shareholders (owners) give the company money for more shares.

๐—ฃ๐—ฆ๐—ฅ ๐—บ๐—ฎ๐—ธ๐—ฒ๐˜€ ๐—ฐ๐—น๐˜‚๐—ฏ๐˜€ ๐—น๐—ถ๐—บ๐—ถ๐˜ ๐˜๐—ต๐—ฒ๐—ถ๐—ฟ ๐˜€๐—ฝ๐—ฒ๐—ป๐—ฑ๐—ถ๐—ป๐—ด ๐—ฏ๐˜† ๐˜„๐—ต๐—ฎ๐˜ ๐—ถ๐—ป๐—ฐ๐—ผ๐—บ๐—ฒ/๐—ฝ๐—ฟ๐—ผ๐—ณ๐—ถ๐˜ ๐˜๐—ต๐—ฒ๐˜† ๐—ฒ๐—ฎ๐—ฟ๐—ป. ๐—–๐—ฎ๐—ฝ๐—ถ๐˜๐—ฎ๐—น (๐—ฑ๐—ฒ๐—ฏ๐˜/๐—ฒ๐—พ๐˜‚๐—ถ๐˜๐˜†) ๐—ฑ๐—ผ๐—ฒ๐˜€ ๐—ป๐—ผ๐˜ ๐—ต๐—ฒ๐—น๐—ฝ ๐—ฃ๐—ฆ๐—ฅ.

If an owner pumps in ยฃ1bn of capital with a loan or equity, the club could spend this on players. But then its costs go up (transfers, wages) whilst its income has not been increased. So PSR gets harder to clear.

PSR effectively stops clubs from spending as much as they like with ownersโ€™ cash whilst making losses.

As a side note, the furore around shareholder loans being exempt from PSR calculations is thisโ€ฆ

If an owner gave a club ยฃ100m as a shareholder loan with an interest rate of 1% (ยฃ1m a year)โ€ฆ but had they taken out a loan from a bank it would be 3% (ยฃ3m a year)โ€ฆ then they are ยฃ2m (3-1) better off in comparison thanks to their owner.
Interest charges are part of the PSR calculations. So their PSR calculation would be ยฃ2m a year worse off it they had a commercial loan instead of a shareholder loan.

Alternatively, if the owner gave it all in equity rather than a loan, then there is no interest charge at all! And their PSR calculation would have been ยฃ3m a year better off than if they had funded with a commercial loan.

Man Cityโ€™s owners were giving the club hundreds of millions in equity to fund massive player purchases until PSR came into force.

They wanted to keep injecting the club with cash but didnโ€™t want to breach PSR and suffer the consequences.

So they hid it.

Here is the proofโ€ฆ
Nov 19 โ€ข 5 tweets โ€ข 8 min read
โšฝ๏ธโš–๏ธ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐˜ƒ๐˜€ ๐—ฃ๐—ฟ๐—ฒ๐—บ๐—ถ๐—ฒ๐—ฟ ๐—Ÿ๐—ฒ๐—ฎ๐—ด๐˜‚๐—ฒ - ๐˜„๐—ต๐˜† ๐—™๐—ฟ๐—ถ๐—ฑ๐—ฎ๐˜†โ€™๐˜€ ๐—”๐—ฃ๐—ง ๐˜ƒ๐—ผ๐˜๐—ฒ ๐—ฐ๐—ผ๐˜‚๐—น๐—ฑ ๐—ฏ๐—ฒ ๐—ฐ๐—ฟ๐˜‚๐—ฐ๐—ถ๐—ฎ๐—น ๐˜๐—ผ ๐˜๐—ต๐—ฒ ๐—ณ๐˜‚๐˜๐˜‚๐—ฟ๐—ฒ ๐—ผ๐—ณ ๐˜๐—ต๐—ฒ ๐—น๐—ฒ๐—ฎ๐—ด๐˜‚๐—ฒ

This is long and complexโ€ฆ so I will do it in bullet point form rather than the usual prose for simplicity.

Mega๐Ÿงต!!

Firstโ€ฆ A LOT of background to set contextโ€ฆ
ย 
Earlier this year, Man City made a legal challenge against the Premier Leagueโ€™s Associated Party Transaction (APT) rules.
ย 
They were brought in by a vote of PL clubs during 2021 to beef up parts of the pre-existing Profit & Sustainability Rules (PSR), specifically the element concerning Related Party Transactions (RPT).
ย 
The RPT part of PSR meant that any transaction between a club and a โ€˜Related Partyโ€™ must be at Fair Market Value (FMV).
ย 
โ€˜Related Partyโ€™ is a specific term within accounting rules. It has a formal definition.
ย 
The Premier League (PL) is understood to have feared clubs could circumvent the RPT rules in PSR if they had sufficient legal powerโ€ฆ such as a those of states (UAE or Saudia Arabia perhaps).
ย 
This is because states would have the power to mask relationships between entities in their countries and make an actual Related Party look independent and โ€˜armโ€™s lengthโ€™. As such, the FMV test would not apply.
ย 
The APT rules were introduced to give the PL more power in this area. It broadened the scope of transactions that would be FMV tested by creating its own definition of an โ€˜Associated Partyโ€™ instead of using โ€˜Related Partyโ€™. In my opinion, the biggest difference being a switch in the word โ€œsignificantโ€ to โ€œmaterialโ€ with respect to influence.
ย 
The APT rules also granted the PL more powers to stop / re-value APTs than it had when dealing with RPTs.
ย 
In 2024, the PL clubs approved further changes to the APT rules that gave the PL even more powers.
ย 
A few months later, Man City initiated legal action against the PL, challenging the legitimacy of the APT rules.
ย 
Separately, Man City and the PL have been contesting another matter. The PL charged Man City with 130 breaches of its rules between 2009-2018. These breaches are extremely serious in nature.

The charges were made after a 4-year investigation following a leak of emails that had been hacked from Man Cityโ€™s servers.

The investigation took a long time because Man City refused to comply with it and repeatedly challenged the merits of the investigation.

First in PL arbitration and then in the English Courts of Law. Man City lost every time and eventually had to hand over all the evidence demanded by the PL.

The hearing on these 130 charges started in mid-September and the first part (deciding on liability/guilt should now be finished). A decision may not be known for several months though.
ย 
If the decision is โ€œguilty/liableโ€ (which I very much expect it to be for the majority, if not all, of the charges) then I understand that there will be a second part to the hearing where applicable sanctions are argued for and against.

Now, back to the other matter on the APTsโ€ฆ A decision was published in that hearing which revealed that Man City had argued against the lawfulness of FMV as a concept. Had they won this, it would have provided a very strong legal argument with which to win their battle on the 130 charges.

But they failed with this argument.
ย 
In fact, they lost on more than 80% of their arguments but they did win some. The Tribunal decided that the recent changes to the APT rules made in 2024 were unlawful and must be reversed.

The Tribunal also accepted an argument made by Man City that an exemption to the APT rules (incorporated when they were first written in 2021, relating to shareholder loans) was also unlawful.
ย 
Man Cityโ€™s position is that this makes the entire section of APT rules unlawful and invalid. They believe they need to be scrapped, and any new rules constructed at a slower pace. They insist the process must not be โ€œrushedโ€.
ย 
The PLโ€™s position is that the rules can still be applied (with a blue pencil test where you effectively ignore the bits deemed unlawful and apply the rest). They also insist that the rules can be made fully lawful with a few minor changes and they want to put these changes to a vote (by the 20 clubs) on Friday 22 November.

14 votes are needed to pass the changes and approve them.
ย 
Man City has written to the clubs to pressure them into voting against the PLโ€™s proposed rule changes, threatening legal action if the changes are made. They insist the changes will not make the rules lawful.

They also note that the Tribunal has been asked to provide clarity on the matter (who is right, Man City or PL).
ย 
Itโ€™s not clear how long the Tribunal will take to answer that question though.
ย 
So the PLโ€™s attitude is basicallyโ€ฆ โ€œletโ€™s put in a fix now which we believe will work and should at least not make the rules any worse than they are now in terms of compliance with law โ€“ more changes can further be made if necessary.โ€
ย 
Man Cityโ€™s attitude is โ€œno-one should do anything for now. Leave the rules as they are.โ€ (Which in their mind, is fully broken).
ย 
Nowโ€ฆ what I think is actually going on hereโ€ฆ
ย 
I think this conflict is actually about the 130 charges and that neither party is being fully transparent or on the level.
ย 
I believe that Man City are using this matter to box the PL into a corner regarding their position on an important matter related to the 130 charges; a position that Man City wants the PL to take because it might help them avoid the most serious of sanctions.
ย 
And I think the PL is trying to duck and weave out of that corner by stooping to Man Cityโ€™s level!
ย 
Nowโ€ฆ back to the matter of those 130 chargesโ€ฆ
ย 
The most serious charges pertain to Man Cityโ€™s sponsorship contracts with entities such as Etihad.

The leaked emails revealed that the sponsorship contracts were being mostly funded by Man Cityโ€™s corporate owner, a company called Abu Dhabi United Group (ADUG).

The leaks showed that each year, sponsors such as Etihad were funding just a few million pounds whereas the remaining ยฃ60m+ p.a. of the sponsorship agreements was being funded by ADUG.
ย 
This would mean that Man City were undertaking a conspiracy to covertly circumvent PSR, by channelling equity (owner funds) through sponsors and pretending it was genuine income. This would have enabled them to spend far more than the rules would have allowed otherwise.
ย 
These breaches took place between 2009-2018; long before the new APT rules came into force. The RPT rules did apply though.
Oct 26 โ€ข 7 tweets โ€ข 13 min read
โš–๏ธ ๐—ช๐—ต๐˜† ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฎ๐—ฟ๐—ฒ ๐—ด๐—ผ๐—ถ๐—ป๐—ด ๐—ฑ๐—ผ๐˜„๐—ป ๐—ณ๐—ผ๐—ฟ ๐˜๐—ต๐—ฒ๐—ถ๐—ฟ ๐Ÿญ๐Ÿฏ๐Ÿฌ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€ โฌ‡๏ธ

Itโ€™s something that Iโ€™ve covered multiple times, in different ways, across my threads on the topic. You can find them pinned to my profile.

Yet I still constantly get asked the question; ๐™ฌ๐™๐™ฎ ๐™–๐™ง๐™š ๐™ฎ๐™ค๐™ช ๐™จ๐™ค ๐™˜๐™ค๐™ฃ๐™›๐™ž๐™™๐™š๐™ฃ๐™ฉ ๐™ˆ๐™–๐™ฃ ๐˜พ๐™ž๐™ฉ๐™ฎ ๐™ฌ๐™ž๐™ก๐™ก ๐™—๐™š ๐™จ๐™–๐™ฃ๐™˜๐™ฉ๐™ž๐™ค๐™ฃ๐™š๐™™?

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 summaryโ€ฆ

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 Cityโ€™s 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 werenโ€™t, 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 Cityโ€™s current defence strategy and where it has already failed, leaving them vulnerable.

In detailโ€ฆ ๐Ÿญ., ๐—ง๐—ต๐—ฒ ๐—–๐—”๐—ฆ ๐—ฑ๐—ฒ๐—ฐ๐—ถ๐˜€๐—ถ๐—ผ๐—ป ๐—ณ๐—ฟ๐—ผ๐—บ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐˜ƒ ๐—จ๐—ฒ๐—ณ๐—ฎ ๐—ณ๐—ผ๐—ฟ ๐˜€๐—ถ๐—บ๐—ถ๐—น๐—ฎ๐—ฟ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€ ๐—ถ๐—ป ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฌ

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 Cityโ€™s 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 Cityโ€™s sponsors (such as Etihad) and pretend that they were legitimate commercial revenues that the sponsor would pay itself.

Man City didnโ€™t co-operate with Uefaโ€™s 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 Cityโ€™s executive leadership team requested the arrangements whereby Man Cityโ€™s owner (holding company, ADUG) would pay for the sponsorsโ€™ 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 Cityโ€™s 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 doesnโ€™t 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 Cityโ€™s 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 Cityโ€™s 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 hearingโ€ฆ
Oct 9 โ€ข 4 tweets โ€ข 2 min read
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 interimโ€ฆ 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 wonโ€™t help if theyโ€™re 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. Itโ€™s warranted too.

Newcastle on the other hand would LOVE a free run to sign some inflated sponsorship contractsโ€ฆ although they would still need to comply with Uefa rules if they want to play in Uefa comps. So itโ€™s unlikely theyโ€™d be too excessive. Just a bit. For what itโ€™s worth, Iโ€™d be stunned if the Tribunalโ€™s 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 tooโ€ฆ

Oct 7 โ€ข 4 tweets โ€ข 4 min read
My thoughts on thisโ€ฆ.

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 PLโ€™s 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 PLโ€™s rules are broadly in line with Uefaโ€™s 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).

Itโ€™s also shocking because itโ€™s 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, itโ€™s 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 canโ€™t help but think the PL massively screwed up in its case here. Very surprising outcome. But without seeing the arguments, itโ€™s 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 Uefaโ€™s 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 wonโ€™t 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+ chargesโ€ฆ

FMV is inherent to PSR and Gulf state clubs were not discriminated against.

This weakens the potential argument for lighter sanctions. Image
Image
Sep 10 โ€ข 5 tweets โ€ข 6 min read
โšฝ๏ธโš–๏ธ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐Ÿญ๐Ÿญ๐Ÿฑ: ๐——๐—ฒ๐—ฏ๐˜‚๐—ป๐—ธ๐—ถ๐—ป๐—ด ๐˜๐—ต๐—ฒ ๐—บ๐˜†๐˜๐—ต ๐˜๐—ต๐—ฎ๐˜ ๐˜๐—ต๐—ฒ ๐—ฃ๐—Ÿ ๐—ป๐—ฒ๐—ฒ๐—ฑ๐˜€ ๐˜๐—ฟ๐—ฎ๐—ป๐˜€๐—ฎ๐—ฐ๐˜๐—ถ๐—ผ๐—ป ๐—ฟ๐—ฒ๐—ฐ๐—ผ๐—ฟ๐—ฑ๐˜€ ๐˜๐—ผ ๐˜„๐—ถ๐—ป

A false narrative has infected the discourse surrounding Man Cityโ€™s fate for the PLโ€™s 115+ charges. That the PL must provide accounting or transaction records to โ€˜proveโ€™ 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 โ€˜expertsโ€™.

In the CAS decision, para. 216 (photo attached) states: โ€œ๐˜›๐˜ฉ๐˜ฆ ๐˜ข๐˜ณ๐˜ณ๐˜ข๐˜ฏ๐˜จ๐˜ฆ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต๐˜ด ๐˜ฅ๐˜ช๐˜ด๐˜ค๐˜ถ๐˜ด๐˜ด๐˜ฆ๐˜ฅ ๐˜ฎ๐˜ถ๐˜ด๐˜ต ๐˜ฃ๐˜ฆ ๐˜ณ๐˜ฐ๐˜ฐ๐˜ต๐˜ฆ๐˜ฅ ๐˜ช๐˜ฏ ๐˜ค๐˜ฐ๐˜ฏ๐˜ต๐˜ฆ๐˜ฎ๐˜ฑ๐˜ฐ๐˜ณ๐˜ข๐˜ฏ๐˜ฆ๐˜ฐ๐˜ถ๐˜ด ๐˜ข๐˜ค๐˜ค๐˜ฐ๐˜ถ๐˜ฏ๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ฐ๐˜ณ ๐˜ต๐˜ณ๐˜ข๐˜ฏ๐˜ด๐˜ข๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ๐˜ข๐˜ญ ๐˜ฆ๐˜ท๐˜ช๐˜ฅ๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ, ๐˜ง๐˜ฐ๐˜ณ ๐˜ฐ๐˜ต๐˜ฉ๐˜ฆ๐˜ณ๐˜ธ๐˜ช๐˜ด๐˜ฆ ๐˜ช๐˜ต ๐˜ค๐˜ข๐˜ฏ๐˜ฏ๐˜ฐ๐˜ต ๐˜ฃ๐˜ฆ ๐˜ข๐˜ด๐˜ค๐˜ฆ๐˜ณ๐˜ต๐˜ข๐˜ช๐˜ฏ๐˜ฆ๐˜ฅ ๐˜ต๐˜ฉ๐˜ข๐˜ต ๐˜ต๐˜ฉ๐˜ฆ ๐˜ข๐˜ณ๐˜ณ๐˜ข๐˜ฏ๐˜จ๐˜ฆ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต๐˜ด ๐˜ฅ๐˜ช๐˜ด๐˜ค๐˜ถ๐˜ด๐˜ด๐˜ฆ๐˜ฅ ๐˜ช๐˜ฏ ๐˜ต๐˜ฉ๐˜ฆ ๐˜“๐˜ฆ๐˜ข๐˜ฌ๐˜ฆ๐˜ฅ ๐˜Œ๐˜ฎ๐˜ข๐˜ช๐˜ญ๐˜ด ๐˜ธ๐˜ฆ๐˜ณ๐˜ฆ ๐˜ช๐˜ฏ ๐˜ง๐˜ข๐˜ค๐˜ต ๐˜ฆ๐˜น๐˜ฆ๐˜ค๐˜ถ๐˜ต๐˜ฆ๐˜ฅโ€.

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 โ€˜Comfortable Satisfactionโ€ which, by definition, must sit between a standard of proof known as โ€˜on the balance of probabilitiesโ€™ and another known as โ€œbeyond reasonable doubtโ€™.

In para. 216, the statement makes the point that accounting or transaction evidence is needed to โ€œascertainโ€ the arrangements discussed in the Leaked Emails were in fact executed.

To โ€œascertainโ€ means to make certain. This isnโ€™t just my opinion - ask any (competent) lawyer and they will confirm this. This would equate to a standard of proof โ€˜beyond any doubtโ€™. No such standard exists. You never need to be certain. You ๐—บ๐˜‚๐˜€๐˜ 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 haveโ€ฆ and at a higher standard of proof (comfortable satisfaction) than the PL will face (on the balance of probabilities). Itโ€™s always so funny that people seem to forget this and just skate past it as if it never happened.

We donโ€™t know which arbitrator disagreed with the other twoโ€ฆ but I feel highly confident that I can guessโ€ฆImage ๐™Ž๐™ค ๐™ฌ๐™๐™–๐™ฉ ๐™™๐™ค๐™š๐™จ ๐™ฉ๐™๐™š ๐™‹๐™‡ ๐™ฃ๐™š๐™š๐™™?

Itโ€™s simple - sufficient evidence to convince the IC that, ๐—ผ๐—ป ๐˜๐—ต๐—ฒ ๐—ฏ๐—ฎ๐—น๐—ฎ๐—ป๐—ฐ๐—ฒ ๐—ผ๐—ณ ๐—ฝ๐—ฟ๐—ผ๐—ฏ๐—ฎ๐—ฏ๐—ถ๐—น๐—ถ๐˜๐—ถ๐—ฒ๐˜€, 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 โ€˜make certainโ€™ or โ€˜be sureโ€™. 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 Cityโ€™s CFO, COO and Head of Finance) discussed arrangements to have Man Cityโ€™s 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 Cityโ€™s 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 โ€˜gold standardโ€™. Itโ€™s the equivalent of catching a criminal enterprise admitting to everything they have done on recording, going into precise detail about how they did it. Gameโ€™s 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 thatโ€™s 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 whatโ€™s 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 itโ€™s an irrelevant nonsense.

And by the way, none of this is to say the PL doesnโ€™t 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 isnโ€™t needed.
Sep 2 โ€ข 5 tweets โ€ข 4 min read
โš–๏ธ๐—ช๐—ต๐˜† ๐˜„๐—ผ๐—ปโ€™๐˜ ๐—ฝ๐—ฒ๐—ผ๐—ฝ๐—น๐—ฒ ๐—ท๐˜‚๐˜€๐˜ ๐—ฏ๐—ฒ๐—น๐—ถ๐—ฒ๐˜ƒ๐—ฒ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐—ฒ๐˜…๐—ฒ๐—ฐ๐˜€ ๐—ผ๐—ป ๐˜๐—ต๐—ฒ ๐Ÿญ๐Ÿญ๐Ÿฑ?๐Ÿคฅ

๐˜ ๐˜ฐ๐˜ง๐˜ต๐˜ฆ๐˜ฏ ๐˜จ๐˜ฆ๐˜ต ๐˜ต๐˜ฐ๐˜ญ๐˜ฅ ๐˜ฎ๐˜บ ๐˜ต๐˜ฉ๐˜ณ๐˜ฆ๐˜ข๐˜ฅ๐˜ด ๐˜ข๐˜ณ๐˜ฆ ๐˜ต๐˜ฐ๐˜ฐ ๐˜ญ๐˜ฐ๐˜ฏ๐˜จ ๐˜ด๐˜ฐ ๐˜โ€™๐˜ญ๐˜ญ ๐˜ฌ๐˜ฆ๐˜ฆ๐˜ฑ ๐˜ต๐˜ฉ๐˜ช๐˜ด ๐˜ฐ๐˜ฏ๐˜ฆ ๐˜ด๐˜ฉ๐˜ฐ๐˜ณ๐˜ต ๐˜ข๐˜ฏ๐˜ฅ ๐˜ด๐˜ธ๐˜ฆ๐˜ฆ๐˜ต.

Why wonโ€™t people just believe Man Cityโ€™s leadership team regarding the PLโ€™s charges for breaching FFP rules?

After all, theyโ€™ve been crystal clear on thisโ€ฆ They said they did exactly what theyโ€™re accused of.

Thatโ€™s what they wrote in their emails that were leaked anyway.

And thereโ€™s no question about that - even the CAS panel said that the 6 emails they saw โ€œdiscuss an arrangement whereby Etihadโ€™s sponsorship contributions would be funded by HHSM and/or ADUGโ€ (ADUG = Man Cityโ€™s owner, supposedly owned by Sheikh Mansour, HHSM).

Most Man City fans say it never happened thoughโ€ฆ 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 theyโ€™re so smart then they wouldnโ€™t have been so ridiculously moronic as to write such things if they were not true.

So that means they think theyโ€™re all lying for some bizarre unknown reason then, I guess?

Letโ€™s take a look at what they wroteโ€ฆ Man Cityโ€™s COO, Graham Wallace, wrote that ADUG (Man Cityโ€™s owner) was funding the sponsors.

So what is it Man City fans?
Are you saying that heโ€™s wrong and a moron? Or a liar? Image
Aug 26 โ€ข 5 tweets โ€ข 8 min read
๐Ÿšจ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ - ๐˜๐—ต๐—ฒ ๐—ฑ๐—ฎ๐—บ๐—ป๐—ถ๐—ป๐—ด ๐—ฒ๐˜ƒ๐—ถ๐—ฑ๐—ฒ๐—ป๐—ฐ๐—ฒ ๐˜๐—ต๐—ฎ๐˜ ๐˜„๐—ถ๐—น๐—น ๐—ฏ๐—ฒ ๐˜๐—ต๐—ฒ๐—ถ๐—ฟ ๐—ฑ๐—ผ๐˜„๐—ป๐—ณ๐—ฎ๐—น๐—น โš–๏ธ

๐˜๐˜ฏ ๐˜ต๐˜ฉ๐˜ช๐˜ด ๐˜ต๐˜ฉ๐˜ณ๐˜ฆ๐˜ข๐˜ฅ, ๐˜ธ๐˜ฆโ€™๐˜ญ๐˜ญ ๐˜ง๐˜ฐ๐˜ค๐˜ถ๐˜ด ๐˜ฐ๐˜ฏ ๐˜ด๐˜ฐ๐˜ฎ๐˜ฆ ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฎ๐˜ฐ๐˜ด๐˜ต ๐˜ฅ๐˜ข๐˜ฎ๐˜ข๐˜จ๐˜ช๐˜ฏ๐˜จ ๐˜ฆ๐˜ท๐˜ช๐˜ฅ๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ ๐˜ข๐˜จ๐˜ข๐˜ช๐˜ฏ๐˜ด๐˜ต ๐˜”๐˜ข๐˜ฏ ๐˜Š๐˜ช๐˜ต๐˜บ ๐˜ข๐˜ท๐˜ข๐˜ช๐˜ญ๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜ช๐˜ฏ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฑ๐˜ถ๐˜ฃ๐˜ญ๐˜ช๐˜ค ๐˜ฅ๐˜ฐ๐˜ฎ๐˜ข๐˜ช๐˜ฏ - ๐˜ฅ๐˜ข๐˜ฎ๐˜ฏ๐˜ช๐˜ฏ๐˜จ ๐˜ฆ๐˜ฏ๐˜ฐ๐˜ถ๐˜จ๐˜ฉ ๐˜ต๐˜ฐ ๐˜ค๐˜ณ๐˜ถ๐˜ด๐˜ฉ ๐˜ข๐˜ฏ๐˜บ ๐˜ค๐˜ฐ๐˜ฏ๐˜ค๐˜ฆ๐˜ช๐˜ท๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜ฅ๐˜ฆ๐˜ง๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ.

Uefaโ€™s 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 Cityโ€™s owner (a company called ADUG, supposedly owned by Shiekh Mansour) to Man Cityโ€™s 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 โ‚ฌ830m.

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 UAEโ€™s 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 Uefaโ€™s hearings and instead, sought to fast-track the case to a final appeal at CAS.

Now, Iโ€™ve 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 Cityโ€™s top execs to Simon Pearce.

What many donโ€™t realise is that CAS unanimously found, on the basis of those 6 emails alone, that ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฒ๐˜…๐—ฒ๐—ฐ๐˜€ ๐—ต๐—ฎ๐—ฑ ๐—ฐ๐—ผ๐—ป๐˜€๐—ฝ๐—ถ๐—ฟ๐—ฒ๐—ฑ ๐˜๐—ผ ๐˜€๐˜‚๐—ฏ๐˜ƒ๐—ฒ๐—ฟ๐˜ ๐—™๐—™๐—ฃ. 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:

(๐™ž) ๐™€๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™ฉ๐™๐™–๐™ฉ ๐™Ž๐™ž๐™ข๐™ค๐™ฃ ๐™‹๐™š๐™–๐™ง๐™˜๐™š ๐™ง๐™š๐™ฅ๐™ง๐™š๐™จ๐™š๐™ฃ๐™ฉ๐™š๐™™ ๐˜ผ๐˜ฟ๐™๐™‚ ๐™–๐™ฃ๐™™ ๐™ฌ๐™–๐™จ ๐™–๐™—๐™ก๐™š ๐™ฉ๐™ค ๐™–๐™ช๐™ฉ๐™๐™ค๐™ง๐™ž๐™จ๐™š ๐™ฅ๐™–๐™ฎ๐™ข๐™š๐™ฃ๐™ฉ๐™จ ๐™›๐™ง๐™ค๐™ข ๐˜ผ๐˜ฟ๐™๐™‚; ๐™–๐™ฃ๐™™

(๐™ž๐™ž) ๐™€๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™ฉ๐™๐™–๐™ฉ ๐™จ๐™ฅ๐™ค๐™ฃ๐™จ๐™ค๐™ง๐™จ ๐™ฌ๐™š๐™ง๐™š ๐™˜๐™ค๐™ข๐™ฅ๐™ก๐™ž๐™˜๐™ž๐™ฉ ๐™ž๐™ฃ ๐™ฉ๐™๐™š ๐™ฅ๐™ง๐™ค๐™ฅ๐™ค๐™จ๐™š๐™™ ๐™–๐™ง๐™ง๐™–๐™ฃ๐™œ๐™š๐™ข๐™š๐™ฃ๐™ฉ๐™จ.

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 publiclyโ€ฆ. but thatโ€™s enough.

The emails wonโ€™t 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 containโ€ฆ๐Ÿงต

(๐™ž) ๐™€๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™ฉ๐™๐™–๐™ฉ ๐™Ž๐™ž๐™ข๐™ค๐™ฃ ๐™‹๐™š๐™–๐™ง๐™˜๐™š ๐™ง๐™š๐™ฅ๐™ง๐™š๐™จ๐™š๐™ฃ๐™ฉ๐™š๐™™ ๐˜ผ๐˜ฟ๐™๐™‚ ๐™–๐™ฃ๐™™ ๐™ฌ๐™–๐™จ ๐™–๐™—๐™ก๐™š ๐™ฉ๐™ค ๐™–๐™ช๐™ฉ๐™๐™ค๐™ง๐™ž๐™จ๐™š ๐™ฅ๐™–๐™ฎ๐™ข๐™š๐™ฃ๐™ฉ๐™จ ๐™—๐™ฎ ๐˜ผ๐˜ฟ๐™๐™‚

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 ยฃ31.7 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 Cityโ€™s 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 Cityโ€™s CEO), sharing an invoice for payment to DSM (the agent of one of Man Cityโ€™s players) and asking Alfrayhat to pay DSM from ADUGโ€™s 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 โ€œvery important and helpful in facilitating our financial administration of Cityโ€.

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 Cityโ€™s defence at CAS.

It is also worth noting that these emails are likely sufficient, alone, to sustain all of the PLโ€™s 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.Image
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Aug 22 โ€ข 7 tweets โ€ข 7 min read
๐Ÿšจ๐—ช๐—ต๐—ฎ๐˜โ€™๐˜€ ๐—ฎ ๐˜€๐˜‚๐—ถ๐˜๐—ฎ๐—ฏ๐—น๐—ฒ ๐˜€๐—ฎ๐—ป๐—ฐ๐˜๐—ถ๐—ผ๐—ป ๐—ณ๐—ผ๐—ฟ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ?โš–๏ธ

In reality, Man City are accused of more than 115 breaches of the rules as you can see in the photo attached. It highlights 129 individual rule breaches that Man City are accused of.

But itโ€™s not the number of breaches that matters to be honest - itโ€™s more about the implications of the breaches that affects and informs any potential sanction.

In this thread, I will examine the nature of the breaches and their implications; then explore what a suitable sanction might be, and why.

In order to explain the breaches, l will connect them with the alleged actions that results in the breachesโ€ฆ ๐ŸงตImage ๐˜ผ๐™˜๐™ฉ๐™ž๐™ค๐™ฃ 1 - ๐˜ฟ๐™ž๐™จ๐™œ๐™ช๐™ž๐™จ๐™ž๐™ฃ๐™œ ๐™š๐™ฆ๐™ช๐™ž๐™ฉ๐™ฎ ๐™–๐™จ ๐™จ๐™ฅ๐™ค๐™ฃ๐™จ๐™ค๐™ง ๐™ž๐™ฃ๐™˜๐™ค๐™ข๐™š (๐™˜๐™ค๐™ข๐™ข๐™š๐™ง๐™˜๐™ž๐™–๐™ก ๐™ง๐™š๐™ซ๐™š๐™ฃ๐™ช๐™š)

The charge here is that Man City arranged for its registered owner (a company called ADUG, supposedly owned by Sheikh Mansour) to transfer funds to its sponsors, who would then pay Man City that money as if it were legitimate commercial revenue.

Money injected by an owner into its company is called equity. Uefaโ€™s FFP rules and the PLโ€™s FFP/PSR rules restricted equity contributions.

By disguising equity as commercial revenue, Man City could smuggle it into the club and subvert the rules, enabling them to spend more than the rules permitted.

This results in the charged breaches of โ€˜Compliance with Uefa regulationsโ€™ and โ€˜Profit and sustainabilityโ€™.

As you can see in this linked thread, the email evidence in the public domain discusses arrangements to disguise ยฃ685m (โ‚ฌ833m) of equity as sponsorship income over 7 seasons.

The thread also shows the potential sporting impact of such an actionโ€ฆ that all of Man Cityโ€™s major player acquisitions from 2011/12 onwards can be tied to such disguised equity injections. It highlights how those players helped Man City achieve its โ€˜successโ€™ that it otherwise likely would not have had. It shows itโ€™s all tainted - every title and every cup.

Aug 21 โ€ข 10 tweets โ€ข 5 min read
๐Ÿšจ๐—”๐—ป๐—ฎ๐—น๐˜†๐˜€๐—ถ๐—ป๐—ด ๐˜๐—ต๐—ฒ ๐˜€๐—ฝ๐—ผ๐—ฟ๐˜๐—ถ๐—ป๐—ด ๐—ถ๐—บ๐—ฝ๐—ฎ๐—ฐ๐˜ ๐—ผ๐—ณ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ โšฝ๏ธโš–๏ธ

In my interactions on Man Cityโ€™s 115, I often observe many folks fail to truly grasp the potential impact that the charged breaches could have had on PL outcomes.

Maybe thatโ€™s why they think Man City will only get a slap on the wrist for the charges?

As such, I wanted to do some indicative analysis, year by year, on the potential scale of sporting impact.

For this analysis, I will not incorporate the potential impact of the charges relating to off-the-books remuneration and instead, only focus on the potential impact of the charges for disguised equity injections.

Reading the leaked emails, they outline ongoing arrangements to subvert FFP by the following amounts:
ยฃ69.5m annually from 2011/12, increasing to ยฃ92.5m annually in 2013/14, increasing to ยฃ122.5m annually in 2015/16 and carrying on until the 2017/18 season (at least).

The Der Spiegel leaks came in November 2018 and so itโ€™s not possible to know what actions took place for 2018/19 onwards.

Converting to Euros at the time, this means the emails discussed subversion of FFP/PSR rules to the tune of:
2011/12 - โ‚ฌ77.2m
2012/13 - โ‚ฌ80.1m
2013/14 - โ‚ฌ106.3m
2014/15 - โ‚ฌ117.1m
2015/16 - โ‚ฌ170.1m
2016/17 - โ‚ฌ145.0m
2017/18 - โ‚ฌ136.9m

โ‚ฌ833m total over the 7 seasons

Letโ€™s take a look at the potential impact of these injections, season by season ๐Ÿงต ๐Ÿฎ๐Ÿฌ๐Ÿญ๐Ÿญ/๐Ÿญ๐Ÿฎ

Man Cityโ€™s league position: 1st with 89 points
2nd with 89 points was Man U
5th with 65 points was Newcastle

โ‚ฌ77.2m was injected
In the summer before the season started, City signed:
Aguero for โ‚ฌ40m
Nasri for โ‚ฌ27.5m
Total โ‚ฌ67.5m

Remaining from the injection: โ‚ฌ9.7m

I think itโ€™s fair to say that Nasri and Agueroooo (in particular) were critical to Man City winning that title ahead of Man U on GD. Probably a stretch to say they ensured top 4 though.
Jul 1 โ€ข 9 tweets โ€ข 13 min read
๐—›๐—ผ๐˜„ ๐˜๐—ผ ๐—ณ๐—ถ๐˜… ๐—ฃ๐—ฆ๐—ฅ ๐—ถ๐—ป ๐—ณ๐—ผ๐—ผ๐˜๐—ฏ๐—ฎ๐—น๐—น ๐Ÿงต

Thereโ€™s a lot of hate for the Premier Leagueโ€™s Profit and Sustainability Rules (PSR) at the moment.

If you donโ€™t know what they are, there is a brilliant explainer on the rules in the ArsenalVision podcast where the host @YankeeGunner interviews football finance expert @KieranMaguire all about it. You can find that here:

Definitely worth a listen - Kieran explains them better than I ever could.

It was in that podcast where Kieran reveals the UK Govt. asked him for input on how to improve the rules. Kieranโ€™s response was โ€œwhat are your objectives for it?โ€

Until you know what you are trying to achieve - your objectives - itโ€™s not possible to intentionally implement a startegy for success. You just do aimless things which can be counter to your interests.

So I thought I would cover off this:

๐Ÿญ. ๐—–๐—ผ๐—ป๐˜๐—ฒ๐˜…๐˜: High level overview of the rules
๐Ÿฎ. ๐—œ๐˜€๐˜€๐˜‚๐—ฒ๐˜€: The hate for the rules
๐Ÿฏ. ๐—ข๐—ฏ๐—ท๐—ฒ๐—ฐ๐˜๐—ถ๐˜ƒ๐—ฒ๐˜€: Define a purpose for โ€œPSRโ€
๐Ÿฐ. ๐—™๐—ถ๐˜…๐—ถ๐—ป๐—ด ๐—ถ๐˜: New rules that could work

(warning: boring financial stuff) ๐Ÿงต2/n
๐Ÿญ. ๐—–๐—ผ๐—ป๐˜๐—ฒ๐˜…๐˜: High level overview of the rules

In 2009, Uefa explored the introduction of โ€œFinancial Fair Playโ€ (FFP) rules as means of addressing increasing loss-making in football. They would apply to any club participating in a Uefa competition.

More and more clubs were racking up losses and supporting them with debt at an alarming rate. It was a warning sign for more clubs going bankrupt. Uefa explicitly stated they wanted to address this; to help ensure ongoing financial sustainability in football.

Some โ€œjournalistsโ€ have suggested that Uefa introduced the rules because of mounting debt but that is not true. Debt is not bad per se. In fact, it can be extremely advantageous because it is usually cheaper than equity. It only becomes a problem if you lack the cashflows to service the debt (its interest and capital repayment schedule). These rules were introduced at a time of record low interest rates, so debt was not the real problem. The issue explicitly being addressed was loss-making.

However, given the name used (Financial โ€œFair Playโ€), loss-making was likely not the only issue being addressed hereโ€ฆ

Abramovichโ€™s takeover of Chelsea in 2003 changed everything. Suddenly, there was a club owner with very deep pockets whose objective was not financial success or sustainability. He was content to make heavy losses in order to achieve success on the pitch, largely believed to be a sportswashing exercise. He wanted British citizenship.

His spending massively distorted the transfer market in fees & player wages, resulting in other clubs spending more and more to try and keep up, even though they lacked the same financial means.

This had knock on effects for fans in the forms of increased ticket prices, merchandise and eventually, broadcast fees. Market distortion is a serious issue which most European governments seek to regulate against. Football was already going this way - Abramovich was simply a catalyst that accelerated it.

So in 2010, Uefa approved a set of FFP rules to be implemented for the 2011/12 season (and first assessed in 2012/13).

The rules were intended to make clubs โ€œbreak evenโ€. i.e., broadly limit spending to what they make from revenues (broadcasting, match day, commercial). In theory, that would stop the loss-making and help prevent more clubs from going bankrupt. There was a real need for this. 2010 had record levels of loss-making across football clubs in Europe.

Subsequently, the Premier League (and other football leagues) followed suit. The Premier League (PL) introduced its own set of FFP rules a year after Uefaโ€™s. They were similar, albeit slightly more lenient. These rules applied to any club playing in the PL. Neither Uefa nor the PL refer to the rules as FFP anymore. The PL calls its rules Profit and Sustainability Rules (PSR) and Uefa refers to Financial Sustainability rules.

For a long time, Uefaโ€™s and the PLโ€™s FFP rules followed a similar construct; over a 3-year period, a clubโ€™s footballing expenses (player and coach wages, agent fees and amortisation of player registrations*) could only exceed a clubโ€™s revenues (broadcast, match day and commercial) by a limited amount. This was a profit-based calculation and not cash-based, due to the amortisation of player registrations*
(e.g., if a club buys a player for ยฃ50m on a 5-year contract, the yearly expense is ยฃ50m/5 = ยฃ10m in its profit & loss accounts - it is spread out over the contract length. This applies whether the fee is paid all up front or in instalments over a number of years. It is a profit accounting principle).

More recently, both Uefa and the PL have explored different forms of rules though.

Uefa still has the above rules around breaking even on profits (or at least restricting the losses). It has also introduced a yearly squad cost control. This sets a maximum ratio for expenses as a percentage of revenue. It was 90% last year, 80% this year and 70% next year (which is what it will stay at per the new rules).
Jun 13 โ€ข 9 tweets โ€ข 27 min read
๐Ÿšจ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ - ๐—›๐—ผ๐˜„ ๐—ฑ๐—ถ๐—ฑ ๐˜๐—ต๐—ฒ๐˜† ๐—ฒ๐˜€๐—ฐ๐—ฎ๐—ฝ๐—ฒ ๐—ฝ๐—ฟ๐—ผ๐—ฝ๐—ฒ๐—ฟ ๐—ฝ๐˜‚๐—ป๐—ถ๐˜€๐—ต๐—บ๐—ฒ๐—ป๐˜ ๐—ฎ๐˜ ๐—–๐—”๐—ฆ ๐—ถ๐—ป ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฌ? โš–๏ธ๐Ÿ“‰

๐˜ˆ๐˜ฏ ๐˜ข๐˜ฏ๐˜ข๐˜ญ๐˜บ๐˜ด๐˜ช๐˜ด ๐˜ฐ๐˜ง ๐˜”๐˜ข๐˜ฏ ๐˜Š๐˜ช๐˜ต๐˜บโ€™๐˜ด ๐˜ข๐˜ฑ๐˜ฑ๐˜ฆ๐˜ข๐˜ญ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ ๐˜Š๐˜ฐ๐˜ถ๐˜ณ๐˜ต ๐˜ฐ๐˜ง ๐˜ˆ๐˜ณ๐˜ฃ๐˜ช๐˜ต๐˜ณ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ง๐˜ฐ๐˜ณ ๐˜š๐˜ฑ๐˜ฐ๐˜ณ๐˜ต (๐˜Š๐˜ˆ๐˜š) ๐˜ข๐˜จ๐˜ข๐˜ช๐˜ฏ๐˜ด๐˜ต ๐˜ด๐˜ข๐˜ฏ๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ๐˜ด ๐˜ข๐˜ฑ๐˜ฑ๐˜ญ๐˜ช๐˜ฆ๐˜ฅ ๐˜ฃ๐˜บ ๐˜œ๐˜ฆ๐˜ง๐˜ข ๐˜ฐ๐˜ฏ ๐˜ค๐˜ฉ๐˜ข๐˜ณ๐˜จ๐˜ฆ๐˜ด ๐˜ฐ๐˜ง ๐˜ช๐˜ฏ๐˜ข๐˜ค๐˜ค๐˜ถ๐˜ณ๐˜ข๐˜ต๐˜ฆ ๐˜ณ๐˜ฆ๐˜ฑ๐˜ฐ๐˜ณ๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ๐˜ช๐˜ณ ๐˜ข๐˜ค๐˜ค๐˜ฐ๐˜ถ๐˜ฏ๐˜ต๐˜ด, ๐˜ฃ๐˜ณ๐˜ฆ๐˜ข๐˜ค๐˜ฉ๐˜ช๐˜ฏ๐˜จ ๐˜๐˜๐˜— ๐˜ข๐˜ฏ๐˜ฅ ๐˜ง๐˜ข๐˜ช๐˜ญ๐˜ถ๐˜ณ๐˜ฆ ๐˜ต๐˜ฐ ๐˜ค๐˜ฐ-๐˜ฐ๐˜ฑ๐˜ฆ๐˜ณ๐˜ข๐˜ต๐˜ฆ ๐˜ธ๐˜ช๐˜ต๐˜ฉ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ช๐˜ฏ๐˜ท๐˜ฆ๐˜ด๐˜ต๐˜ช๐˜จ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ. ๐Ÿงต1/n

๐˜พ๐™ค๐™ฃ๐™ฉ๐™š๐™ญ๐™ฉ

In late 2018, German publication โ€˜Der Spiegelโ€™ released an article on the โ€œFootball Leaksโ€ - a huge cache of emails that had been hacked from Man Cityโ€™s servers. It was reported that as many as 5.5 million items were taken.

There were 100+ emails and documents released which discussed arrangements whereby Man City would disguise owner funding (equity) as sponsorship revenues by channelling the funding through its sponsors accounts. By doing this, Man City would be able to circumvent the Financial Fair Play (FFP) rules that were announced by Uefa in late 2009 and first implemented for their competitions in 2010/11. The Premier League launched its own version in 2012/13. FFP was introduced to limit clubsโ€™ spending to what they โ€œearnedโ€ based on legitimate revenues and not permit unlimited spending funded by equity or debt.

The emails implied that Man City had arranged to subvert FFP by hundreds of millions of pounds.

Upon release of the article by Der Spiegel, Uefa initiated an investigation into the situation, which Man City refused to comply with. As a result, Uefa sanctioned Man City (banning them from their Champions League competition for 2 years and applying a vast fine).

Man City appealed to CAS, who overturned most of the sanctions and all that applied to the alleged act of subverting FFP. CAS found that the few emails it reviewed did discuss arrangements for subverting FFP but a majority of the panel of 3 arbitrators decided that there was insufficient evidence to determine the arrangements had actually been implemented. CAS limited the sanction to a smaller fine for Man Cityโ€™s refusal to comply with Uefaโ€™s investigation.

In this thread I will walk through some key issues that affected the outcome, including why I find the CAS Panelโ€™s overriding decision to be egregious. You can find the whole CAS judgment here:

๐™๐™๐™š ๐™จ๐™ฉ๐™ง๐™ช๐™˜๐™ฉ๐™ช๐™ง๐™š ๐™ค๐™› ๐™ฉ๐™๐™ž๐™จ ๐™ฉ๐™๐™ง๐™š๐™–๐™™ ๐™ž๐™จ ๐™–๐™จ ๐™›๐™ค๐™ก๐™ก๐™ค๐™ฌ๐™จโ€ฆ

๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ - ๐—›๐—ผ๐˜„ ๐—จ๐—ฒ๐—ณ๐—ฎ ๐˜€๐—ฐ๐—ฟ๐—ฒ๐˜„๐—ฒ๐—ฑ ๐˜‚๐—ฝ
1(๐˜ช) ๐˜—๐˜ฐ๐˜ฐ๐˜ณ ๐˜ณ๐˜ถ๐˜ญ๐˜ฆ ๐˜ด๐˜ฆ๐˜ต๐˜ต๐˜ช๐˜ฏ๐˜จ
1(๐˜ช๐˜ช) ๐˜—๐˜ณ๐˜ช๐˜ฐ๐˜ณ๐˜ช๐˜ต๐˜ช๐˜ด๐˜ช๐˜ฏ๐˜จ ๐˜ฆ๐˜น๐˜ฑ๐˜ฆ๐˜ฅ๐˜ช๐˜ฆ๐˜ฏ๐˜ค๐˜บ
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฎ - ๐—ง๐—ต๐—ฒ ๐—ป๐—ฎ๐˜๐˜‚๐—ฟ๐—ฒ ๐—ผ๐—ณ ๐˜๐—ต๐—ฒ ๐—ฏ๐—ฒ๐—ฎ๐˜€๐˜
2(๐˜ช) ๐˜›๐˜ฉ๐˜ฆ ๐˜ด๐˜ต๐˜ข๐˜ฏ๐˜ฅ๐˜ข๐˜ณ๐˜ฅ ๐˜ฐ๐˜ง ๐˜ฑ๐˜ณ๐˜ฐ๐˜ฐ๐˜ง - ๐˜Š๐˜ฐ๐˜ฎ๐˜ง๐˜ฐ๐˜ณ๐˜ต๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜š๐˜ข๐˜ต๐˜ช๐˜ด๐˜ง๐˜ข๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ
2(๐˜ช๐˜ช) ๐˜•๐˜ฐ ๐˜ฅ๐˜ช๐˜ด๐˜ด๐˜ฆ๐˜ฏ๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ฐ๐˜ฑ๐˜ช๐˜ฏ๐˜ช๐˜ฐ๐˜ฏ
2(๐˜ช๐˜ช๐˜ช) ๐˜ˆ๐˜ฑ๐˜ฑ๐˜ญ๐˜ช๐˜ค๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฐ๐˜ง ๐˜š๐˜ธ๐˜ช๐˜ด๐˜ด ๐˜“๐˜ข๐˜ธ
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฏ โ€“ ๐—–๐—”๐—ฆโ€™๐˜€ ๐—ฑ๐—ฒ๐—ฐ๐—ถ๐˜€๐—ถ๐—ผ๐—ป๐˜€
3(๐˜ช) ๐˜๐˜ฐ๐˜ธ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ค๐˜ฐ๐˜ฎ๐˜ฑ๐˜ฐ๐˜ด๐˜ช๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜—๐˜ข๐˜ฏ๐˜ฆ๐˜ญ ๐˜ธ๐˜ข๐˜ด ๐˜ฅ๐˜ฆ๐˜ค๐˜ช๐˜ฅ๐˜ฆ๐˜ฅ
3(๐˜ช๐˜ช) ๐˜›๐˜ฉ๐˜ฆ ๐˜ช๐˜ฎ๐˜ฑ๐˜ฐ๐˜ด๐˜ด๐˜ช๐˜ฃ๐˜ญ๐˜ฆ ๐˜ด๐˜ต๐˜ข๐˜ฏ๐˜ฅ๐˜ข๐˜ณ๐˜ฅ ๐˜ฐ๐˜ง ๐˜ฑ๐˜ณ๐˜ฐ๐˜ฐ๐˜ง ๐˜ฅ๐˜ฆ๐˜ฎ๐˜ข๐˜ฏ๐˜ฅ๐˜ฆ๐˜ฅ
3(๐˜ช๐˜ช๐˜ช) ๐˜›๐˜ฉ๐˜ฆ ๐˜ค๐˜ฐ๐˜ฏ๐˜ค๐˜ฆ๐˜ณ๐˜ฏ๐˜ช๐˜ฏ๐˜จ ๐˜ฑ๐˜ฐ๐˜ด๐˜ด๐˜ช๐˜ฃ๐˜ช๐˜ญ๐˜ช๐˜ต๐˜บ ๐˜ฐ๐˜ง ๐˜ช๐˜ฏ๐˜ค๐˜ฐ๐˜ฏ๐˜ด๐˜ช๐˜ด๐˜ต๐˜ฆ๐˜ฏ๐˜ต ๐˜ฅ๐˜ฆ๐˜ค๐˜ช๐˜ด๐˜ช๐˜ฐ๐˜ฏ๐˜ด
3(๐˜ช๐˜ท) ๐˜ˆ๐˜ฏ ๐˜ช๐˜ฏ๐˜ฆ๐˜น๐˜ฑ๐˜ญ๐˜ช๐˜ค๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜ฅ๐˜ฆ๐˜ค๐˜ช๐˜ด๐˜ช๐˜ฐ๐˜ฏ - ๐˜ณ๐˜ฆ๐˜ฑ๐˜ฆ๐˜ข๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ข ๐˜ญ๐˜ช๐˜ฆ ๐˜ช๐˜ด๐˜ฏ'๐˜ต ๐˜ข ๐˜ญ๐˜ช๐˜ฆ
3(๐˜ท) ๐˜Œ๐˜ฏ๐˜ค๐˜ฐ๐˜ถ๐˜ณ๐˜ข๐˜จ๐˜ช๐˜ฏ๐˜จ ๐˜ฎ๐˜ข๐˜ญ๐˜ง๐˜ฆ๐˜ข๐˜ด๐˜ข๐˜ฏ๐˜ค๐˜ฆ
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฐ - ๐—ช๐—ต๐—ฎ๐˜โ€™๐˜€ ๐—ป๐—ฒ๐˜…๐˜?tas-cas.org/fileadmin/userโ€ฆ ๐Ÿงต2/n
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ - ๐—›๐—ผ๐˜„ ๐—จ๐—ฒ๐—ณ๐—ฎ ๐˜€๐—ฐ๐—ฟ๐—ฒ๐˜„๐—ฒ๐—ฑ ๐˜‚๐—ฝ

Some of the biggest reasons as to why Man City escaped major punishment at CAS were due to calamitous mistakes on the part of Uefa.

1(๐™ž) ๐™‹๐™ค๐™ค๐™ง ๐™ง๐™ช๐™ก๐™š ๐™จ๐™š๐™ฉ๐™ฉ๐™ž๐™ฃ๐™œ

๐˜œ๐˜ฆ๐˜ง๐˜ข ๐˜ธ๐˜ณ๐˜ฐ๐˜ต๐˜ฆ ๐˜ช๐˜ต๐˜ด ๐˜ฐ๐˜ธ๐˜ฏ ๐˜ณ๐˜ถ๐˜ญ๐˜ฆ๐˜ด ๐˜ฑ๐˜ฐ๐˜ฐ๐˜ณ๐˜ญ๐˜บ - ๐˜ถ๐˜ฏ๐˜ฆ๐˜ค๐˜ฆ๐˜ด๐˜ด๐˜ข๐˜ณ๐˜ช๐˜ญ๐˜บ ๐˜ณ๐˜ฆ๐˜ด๐˜ต๐˜ณ๐˜ช๐˜ค๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ช๐˜ต๐˜ด ๐˜ข๐˜ฃ๐˜ช๐˜ญ๐˜ช๐˜ต๐˜บ ๐˜ต๐˜ฐ ๐˜ฑ๐˜ณ๐˜ฐ๐˜ด๐˜ฆ๐˜ค๐˜ถ๐˜ต๐˜ฆ ๐˜”๐˜ข๐˜ฏ ๐˜Š๐˜ช๐˜ต๐˜บ.

When Uefa was setting the rules for FFP, it included its own statute of limitations - prosecution was to be time-barred to just 5 years after any offences occurred. This is not that unusual. Statutes of limitation are common. The reason for them is to provide certainty and fairness. Itโ€™s difficult to litigate things which occurred a long time ago. However, in many jurisdictions there are ancillary provisions to prevent these provisions being used by parties who have concealed their activities. One example is a stipulation that that the aggrieved party must know about the offences for the clock to start running. i.e., the 5 years should not start when the offence happened but instead, when the offences could reasonably become known to the aggrieved party. Uefa failed to incorporate that within its rules and many offences in this case only became known much later on from when they occurred thanks to the email leak. Without the leak, we may never have known about them. This had significant negative implications on Uefaโ€™s case and limited the offences and associated evidence that CAS was prepared to make judgment on. This is covered in more detail in part 3(iii).

1(๐™ž๐™ž) ๐™‹๐™ง๐™ž๐™ค๐™ง๐™ž๐™ฉ๐™ž๐™จ๐™ž๐™ฃ๐™œ ๐™š๐™ญ๐™ฅ๐™š๐™™๐™ž๐™š๐™ฃ๐™˜๐™ฎ

๐˜œ๐˜ฆ๐˜ง๐˜ขโ€™๐˜ด ๐˜ฅ๐˜ฆ๐˜ด๐˜ช๐˜ณ๐˜ฆ ๐˜ต๐˜ฐ ๐˜ธ๐˜ณ๐˜ข๐˜ฑ ๐˜ถ๐˜ฑ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฑ๐˜ณ๐˜ฐ๐˜ค๐˜ฆ๐˜ฆ๐˜ฅ๐˜ช๐˜ฏ๐˜จ๐˜ด ๐˜ฃ๐˜ฆ๐˜ง๐˜ฐ๐˜ณ๐˜ฆ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ด๐˜ต๐˜ข๐˜ณ๐˜ต ๐˜ฐ๐˜ง ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฏ๐˜ฆ๐˜น๐˜ต ๐˜Š๐˜ฉ๐˜ข๐˜ฎ๐˜ฑ๐˜ช๐˜ฐ๐˜ฏ๐˜ด ๐˜“๐˜ฆ๐˜ข๐˜จ๐˜ถ๐˜ฆ ๐˜ค๐˜ข๐˜ฎ๐˜ฑ๐˜ข๐˜ช๐˜จ๐˜ฏ ๐˜ฎ๐˜ฆ๐˜ข๐˜ฏ๐˜ต ๐˜ช๐˜ต ๐˜ธ๐˜ข๐˜ด ๐˜ฑ๐˜ณ๐˜ฆ๐˜ฑ๐˜ข๐˜ณ๐˜ฆ๐˜ฅ ๐˜ต๐˜ฐ ๐˜ค๐˜ฐ๐˜ฏ๐˜ค๐˜ฆ๐˜ฅ๐˜ฆ ๐˜ต๐˜ฐ ๐˜”๐˜ข๐˜ฏ ๐˜Š๐˜ช๐˜ต๐˜บโ€™๐˜ด ๐˜ต๐˜ข๐˜ค๐˜ต๐˜ช๐˜ค๐˜ด ๐˜ข๐˜ฏ๐˜ฅ ๐˜ต๐˜ช๐˜ฆ ๐˜ช๐˜ต๐˜ด ๐˜ฐ๐˜ธ๐˜ฏ ๐˜ฉ๐˜ข๐˜ฏ๐˜ฅ๐˜ด ๐˜ฃ๐˜ฆ๐˜ฉ๐˜ช๐˜ฏ๐˜ฅ ๐˜ช๐˜ต๐˜ด ๐˜ฃ๐˜ข๐˜ค๐˜ฌ ๐˜ข๐˜ด ๐˜ข ๐˜ณ๐˜ฆ๐˜ด๐˜ถ๐˜ญ๐˜ต.

Uefa rushed through this case. It prioritised expediency ahead of justice and as a consequence, it brought a knife to a gun fight.

Man City refused to comply with the requirement to produce all relevant emails pertaining to Uefaโ€™s case - it only produced 6 out of more than a hundred (maybe thousands) of relevant documents. Rather than fight this, in the rush to get this over with (Uefa made clear to Man City and CAS that it wanted this matter resolved before the start of the next Champions League campaign), Uefa backed down and accepted it. This badly damaged Uefaโ€™s case.

It allowed Man Cityโ€™s witnesses to give testimony that might have been challenged or even directly contradicted by the emails not in evidence - and so Uefa could not challenge or impeach. Having so few emails made it harder for Uefa to establish patterns of behaviour too. Or demonstrate the involvement of third parties. Most of the findings that the majority of the CAS panel made as to why the emails were insufficient evidence was simply because Uefa screwed up.

You can find more details in this prior post here:

Thereโ€™s no way round it though - this was a monumental error by Uefa that quite possibly cost them the case.
Jun 6 โ€ข 7 tweets โ€ข 13 min read
๐Ÿšจ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€: ๐˜๐—ต๐—ฒ โ€˜๐— ๐—ฎ๐—ป๐—ฐ๐—ถ๐—ป๐—ถ ๐—ณ๐—ถ๐—น๐—ฒ๐˜€โ€™ ๐Ÿ“๐Ÿงจ

An exposรฉ into the second major cache of damning email leaks released by Der Spiegel, which could play a crucial role in the Premier League (PL) winning its entire case against Man City at the upcoming Independent Commission (IC). ๐Ÿงต1/n

In my prior threads analysing the evidence against Man City in the public domain, I focused solely on the original Football Leaks email cache from 2018 that related to Man City allegedly disguising owner funding (equity) as sponsorship revenues, as a means of subverting FFP rules to the tune of hundreds of millions of pounds.

Der Spiegel released follow-up articles with even more emails. A few years ago they released one that contained documents relating to โ€˜off the booksโ€™ payments. These involved payments to a former manager (Roberto Mancini), youth players and player agents, all made by external parties (such as Man Cityโ€™s owner) but which relate to Man Cityโ€™s own cost base. By making the payments externally, the costs would not be recorded in Man Cityโ€™s accounts, thereby misreporting their financial accounts (as well as records of payments to football staff) and thereby, circumventing FFP rules.

However, in comparison with the other charges relating to disguising equity as sponsorship revenue, these charges are fairly insignificant in terms of monetary value. These โ€˜off the booksโ€™ payments are in the order of tens of million pounds - just a few percentage points in scale compare with the other charges which amounted to hundreds of millions of pounds. So at face value, youโ€™d think that they donโ€™t really matter in the grand scheme of things.

However, there are two aspects to these charges and associated evidence that mean they could play a crucial role in the PL winning its entire case against Man City, which I will explain in this thread. l wonโ€™t cover these documents in quite as much depth as the analysis of the first cache (analysis found here: ). However, I will highlight the most relevant pieces and what they mean.

๐™๐™๐™š ๐™จ๐™ฉ๐™ง๐™ช๐™˜๐™ฉ๐™ช๐™ง๐™š ๐™ค๐™› ๐™ฉ๐™๐™ž๐™จ ๐™ฉ๐™๐™ง๐™š๐™–๐™™ ๐™ž๐™จ ๐™–๐™จ ๐™›๐™ค๐™ก๐™ก๐™ค๐™ฌ๐™จ:

๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ โ€“ Why these charges and associated evidence are so powerful for the PLโ€™s case
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฎ โ€“ Payments to Roberto Mancini
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฏ โ€“ Payments to youth player, Brahim Abdelkader
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฐ โ€“ Payments to player agents (DSM)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฑ โ€“ The role of the Executive Affairs Authority (EAA)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฒ โ€“ So whatโ€™s next? ๐Ÿงต2/n
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ โ€“ ๐—ช๐—ต๐˜† ๐˜๐—ต๐—ฒ๐˜€๐—ฒ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€ ๐—ฎ๐—ป๐—ฑ ๐—ฎ๐˜€๐˜€๐—ผ๐—ฐ๐—ถ๐—ฎ๐˜๐—ฒ๐—ฑ ๐—ฒ๐˜ƒ๐—ถ๐—ฑ๐—ฒ๐—ป๐—ฐ๐—ฒ ๐—ฎ๐—ฟ๐—ฒ ๐˜€๐—ผ ๐—ฝ๐—ผ๐˜„๐—ฒ๐—ฟ๐—ณ๐˜‚๐—น ๐—ณ๐—ผ๐—ฟ ๐˜๐—ต๐—ฒ ๐—ฃ๐—Ÿโ€™๐˜€ ๐—ฐ๐—ฎ๐˜€๐—ฒ

๐™๐™๐™š ๐™ข๐™ค๐™จ๐™ฉ ๐™˜๐™ค๐™œ๐™š๐™ฃ๐™ฉ ๐™š๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š

As I have explained in my other threads, I consider the email evidence against Man City to be sufficiently cogent to find, on the balance of probabilities, that Man City committed the breaches they are charged with. In fact, without an alternative, plausible explanation for the emailsโ€™ existence, the conclusion one can draw is that they carried out the arrangements described within the emails because it is very simply unbelievable that such emails would be written for no reason.

However, it is not beyond the realms of possibility that a person could disagree with this, however unreasonable that makes them! They could argue that without evidence of the transaction taking place (e.g., funds transferred from owner to sponsor), they deem the evidence insufficient considering the seriousness of the charge. The starting point for any adjudication of an offence involving a dishonest act such as fraud is that it is inherently improbable. The standard of proof remains the same - on the balance of probabilities. However, the calibre of evidence required to convince an adjudicator that dishonesty has occurred will be high.

There are no receipts, invoices or transaction records documented pertaining to the charges for disguising equity as sponsorship income; at least not in the public domain (the PL might have these available from the discovery process). However, there are some transaction records relating to these charges for โ€˜off the booksโ€™ payments contained in the Der Spiegel release. This means the PL certainly has highly cogent evidence for these specific charges. Maybe sufficiently cogent to meet an even higher standard of proof such as proof beyond reasonable doubt (not that this is necessary for the IC).

๐™๐™๐™š ๐™ ๐™ฃ๐™ค๐™˜๐™ -๐™ค๐™ฃ ๐™š๐™›๐™›๐™š๐™˜๐™ฉ

๐—ฆ๐—ผ ๐˜„๐—ต๐—ฎ๐˜? Why would succeeding in these charges for circa ยฃ10 million of off the book payments make a difference to the bigger, โ€˜badderโ€™ charges of disguising equity as sponsorship revenues (to the tune of hundreds of millions)?

Well, itโ€™s due to some recent 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.

However, there were other implications to the Courtโ€™s opinion, setting powerful precedent. One implication was that while dishonesty is usually inherently more improbable than an innocent explanation, compelling evidence of other dishonesty (including documents) will affect this balance. The other, more important, implication is that should the IC make a finding that dishonesty occurred in connection with one event, then this can and should affect the inherent probability assumed of dishonesty being at play for other events involving the same parties.

i.e., if the PL can win on the charges pertaining to off the books payments, requiring a finding of fact by the IC that the associated parties were dishonest in this act, then the IC should not assume an inherent probability of lack of dishonesty for the other charges involving the same parties (thatโ€™s all of them). This would then lower the bar for the evidence required for the remaining, more significant charges.

๐™๐™ค ๐™จ๐™ช๐™ข๐™ข๐™–๐™ง๐™ž๐™จ๐™š - ๐™ฉ๐™๐™š ๐™š๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™ฌ๐™–๐™จ ๐™–๐™ก๐™ง๐™š๐™–๐™™๐™ฎ ๐™จ๐™ฉ๐™ง๐™ค๐™ฃ๐™œ ๐™š๐™ฃ๐™ค๐™ช๐™œ๐™. ๐™๐™๐™š ๐™˜๐™ค๐™ฃ๐™จ๐™š๐™ฆ๐™ช๐™š๐™ฃ๐™˜๐™š๐™จ ๐™ค๐™› ๐™ฉ๐™๐™š๐™จ๐™š ๐™˜๐™๐™–๐™ง๐™œ๐™š๐™จ ๐™–๐™ฃ๐™™๐™–๐™จ๐™จ๐™ค๐™˜๐™ž๐™–๐™ฉ๐™š๐™™ ๐™š๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™ž๐™จ ๐™ฉ๐™๐™–๐™ฉ ๐™ฉ๐™๐™š๐™ฎ ๐™˜๐™ค๐™ช๐™ก๐™™ ๐™ข๐™–๐™ ๐™š ๐™ฉ๐™๐™š ๐™ง๐™š๐™จ๐™ฉ ๐™ค๐™› ๐™ฉ๐™๐™š ๐™š๐™ซ๐™ž๐™™๐™š๐™ฃ๐™˜๐™š ๐™š๐™ซ๐™š๐™ฃ ๐™ข๐™ค๐™ง๐™š ๐™ฅ๐™ค๐™ฌ๐™š๐™ง๐™›๐™ช๐™ก. ๐™๐™๐™–๐™ฉโ€™๐™จ๐™ฌ๐™๐™ฎ ๐™ฉ๐™๐™š๐™ฎโ€™๐™ง๐™š ๐™จ๐™ค ๐™ซ๐™–๐™ก๐™ช๐™–๐™—๐™ก๐™š.
Jun 1 โ€ข 7 tweets โ€ข 15 min read
๐Ÿšจ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€: ๐—ต๐—ผ๐˜„ ๐—ฐ๐—ฟ๐˜‚๐—ฐ๐—ถ๐—ฎ๐—น ๐˜„๐—ถ๐—น๐—น ๐˜๐—ต๐—ฒ ๐—ฒ๐—บ๐—ฎ๐—ถ๐—น ๐—น๐—ฒ๐—ฎ๐—ธ๐˜€ ๐—ฏ๐—ฒ ๐—ฎ๐˜ ๐˜๐—ต๐—ฒ ๐—œ๐—–? ๐Ÿ“งโš–๏ธ๐Ÿงต

Since I started posting about whatโ€™s in the Football Leaks emails that served at the catalyst for Man Cityโ€™s 115 charges of breaching Premier League (PL) rules, Iโ€™ve noticed a lot of people dismissing them as valuable evidence.

There seems to be some common misconceptions, such as:
* Thereโ€™s only a few of them;
* They canโ€™t be used; and
* They arenโ€™t enough to โ€œconvictโ€ Man City.

So I wanted to address these misconceptions and help folks understand their actual relevance.

Now, Iโ€™ve already gone into what the emails actually ๐˜ด๐˜ข๐˜บ in these prior two threadsโ€ฆ

1. Analysis of 5/6 emails used as evidence by Uefa at CAS can be found here:


2. Analysis of the remaining 100+ email / document evidence in the leaked cache relating to the disguising of equity as sponsorship income can be found here:


In the second of these prior threads, I actually address the first two misconceptions directly:

* Thereโ€™s 100+ incriminating emails / docs and maybe lots more that the PL has, which we havenโ€™t seen thanks to the discovery process; and
* Thereโ€™s no known reason why they wouldnโ€™t all be admitted as evidence.

I do touch on the third misconception in Part 6 of the second thread. However, it appears that this is an insufficient explanation to satisfy many.
So Iโ€™ll expand on it here but only seek to address the third common misconception about the emailsโ€ฆ
๐™๐™๐™š๐™ฎ ๐™–๐™ง๐™š๐™ฃโ€™๐™ฉ ๐™š๐™ฃ๐™ค๐™ช๐™œ๐™ ๐™ฉ๐™ค โ€œ๐™˜๐™ค๐™ฃ๐™ซ๐™ž๐™˜๐™ฉโ€ ๐™ˆ๐™–๐™ฃ ๐˜พ๐™ž๐™ฉ๐™ฎ.
๐Ÿงต2/n
๐—ช๐—ต๐—ฒ๐—ฟ๐—ฒ ๐—ฑ๐—ผ๐—ฒ๐˜€ ๐˜๐—ต๐—ถ๐˜€ ๐—บ๐—ถ๐˜€๐—ฐ๐—ผ๐—ป๐—ฐ๐—ฒ๐—ฝ๐˜๐—ถ๐—ผ๐—ป ๐—ฐ๐—ผ๐—บ๐—ฒ ๐—ณ๐—ฟ๐—ผ๐—บ?

I suspect it originated from the Court of Arbitration for Sport (CAS) judgement on Man Cityโ€™s 2020 appeal against similar charges applied by Uefa.

Like the PL, Uefa had also accused Man City of disguising equity as sponsorship income and thereby misreporting their financial statements and subsequently breaching their Financial Fair Play (FFP) rules.

The sanctions Uefa applied against Man City for fraudulent financial reporting and breaching FFP were lifted by CAS, who only upheld the charges against Man City for not cooperating with Uefaโ€™s investigation.

Man City ended up with just a fine.

In the CAS Panelโ€™s judgement, a majority of the arbitrators (2 of 3) decided that for them to be comfortably satisfied that Man City had channelled owner funding through sponsors, disguising it as sponsorship income, they would need to see accounting and transaction records that actually showed funds being transferred from Man Cityโ€™s owner to its sponsors.

You can see this in paragraphs (para.) 216 (photo attached).

Uefa could not offer up this evidence (and never would be able to) and as such, a majority of the CAS Panel decided that โ€˜no evidenceโ€™ existed to demonstrate the allegation.

Itโ€™s a binary thing. Itโ€™s a yes, or no. They decided no.

When the topic of Man Cityโ€™s 115 charges comes up on this platform, some Man City fans love nothing more than to send a screenshot of a page in the judgement with the words โ€œno evidenceโ€ highlighted.
So this is where the misconception likely originates from.

Nowโ€ฆ I believe such a decision by CAS was egregious and intend to do a thread on why I believe this to be the case, as well as more generally on how Man City escaped proper punishment at CAS, in the coming weeks.

But more importantly, even if Iโ€™m not right, CAS โ‰  IC and what happened at CAS will not be the same as what happens at the IC for many reasons. Again, Iโ€™ll get into the detail behind the differences in that upcoming thread.

For now, Iโ€™m just going to focus on what should happen at the IC regarding the evidence and (mostly) set CAS aside.Image
May 26 โ€ข 24 tweets โ€ข 45 min read
๐Ÿšจ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€: ๐—ท๐˜‚๐˜€๐˜ ๐—ต๐—ผ๐˜„ ๐˜€๐—ฐ๐—ฟ๐—ฒ๐˜„๐—ฒ๐—ฑ ๐—ฎ๐—ฟ๐—ฒ ๐˜๐—ต๐—ฒ๐˜†? ๐Ÿ’ฃ๐Ÿ’ฅ

๐˜ˆ ๐˜ง๐˜ฐ๐˜ญ๐˜ญ๐˜ฐ๐˜ธ ๐˜ถ๐˜ฑ ๐˜ฆ๐˜น๐˜ฑ๐˜ฐ๐˜ด๐˜ฆฬ ๐˜ช๐˜ฏ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฆ๐˜ท๐˜ช๐˜ฅ๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ.

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 donโ€™t know any of the background or whatโ€™s 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 weโ€™ll explore just how much trouble Man City is in by analysing publicly available evidence that underpins the Premier Leagueโ€™s 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 Cityโ€™s 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.

๐™๐™๐™š ๐™˜๐™ค๐™ฃ๐™ฉ๐™š๐™ญ๐™ฉโ€ฆ

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 ownerโ€™s money (equity) as legitimate sponsorship revenues; conspiring with the sponsors to funnel the ownerโ€™s money through the sponsorsโ€™ 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, itโ€™s 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 โ€œCAS said we did nothing wrongโ€โ€ฆ 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.

๐˜”๐˜ฆ๐˜จ๐˜ข ๐Ÿงต ๐˜ธ๐˜ข๐˜ณ๐˜ฏ๐˜ช๐˜ฏ๐˜จ: 1-๐˜ฉ๐˜ฐ๐˜ถ๐˜ณ+ total ๐˜ณ๐˜ฆ๐˜ข๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜ต๐˜ช๐˜ฎ๐˜ฆ!

cdn.prod.www.spiegel.de/media/b0d08e04โ€ฆ
tas-cas.org/fileadmin/userโ€ฆ ๐Ÿงต2/25
๐™๐™๐™š ๐™จ๐™ฉ๐™ง๐™ช๐™˜๐™ฉ๐™ช๐™ง๐™š ๐™ค๐™› ๐™ฉ๐™๐™š ๐™ฉ๐™๐™ง๐™š๐™–๐™™ ๐™ž๐™จ ๐™–๐™จ ๐™›๐™ค๐™ก๐™ก๐™ค๐™ฌ๐™จโ€ฆ

๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ - Will I even understand all this and why does it have to be so long? (post 3)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฎ - Is the cache of leaked emails authentic and admissible as evidence? (posts 4)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฏ - Why wasnโ€™t the whole cache used as evidence at CAS? (post 5)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฐ - Deep-dive analysis: Whatโ€™s in the cache not already analysed in the previous thread? (posts 6-18)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฑ - How damaging would the whole cache have been to Man Cityโ€™s case had it been considered at CAS? (post 19)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿฒ - How damaging will the whole cache be to Man City at the upcoming Independent Commission? (post 20)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿณ - Why are Man City execs acting so confidently? (post 21)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿด - Why are you so confident when many others are not? (post 22)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿต - What do you believe is a suitable sanction? (post 23)
๐—ฃ๐—ฎ๐—ฟ๐˜ ๐Ÿญ๐Ÿฌ - 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, itโ€™s 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.

Vamos!
May 20 โ€ข 15 tweets โ€ข 20 min read
๐Ÿšจ๐—ง๐—ต๐—ฒ ๐—ฒ๐˜ƒ๐—ถ๐—ฑ๐—ฒ๐—ป๐—ฐ๐—ฒ ๐—ฏ๐—ฒ๐—ต๐—ถ๐—ป๐—ฑ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฐ๐—ต๐—ฒ๐—ฎ๐˜๐—ถ๐—ป๐—ด ๐—™๐—™๐—ฃ - ๐—ฟ๐—ฒ๐—ฎ๐—ฑ ๐—ฎ๐—น๐—น ๐—ฎ๐—ฏ๐—ผ๐˜‚๐˜ ๐—ถ๐˜๐Ÿšจ

Iโ€™ve wondered why so many people only ever talk about the 115 charges against Man City and not the evidence itself, which is incredibly damning and already in the public domain for anyone to read.

I came to the conclusion that the mainstream media outlets donโ€™t raise it because theyโ€™re afraid of Man Cityโ€™s financial power and inclination to pursue litigation.

And I think the reason its not discussed on social media is because the evidence is not so blatant if you donโ€™t understand corporate financial matters and terminology.

So here is a thread, putting some the most damning evidence of Man Cityโ€™s cheating in the spotlight and breaking it down in a way that anyone can make sense of.

๐—™๐—ถ๐—ฟ๐˜€๐˜, ๐˜๐—ต๐—ฒ ๐—ฐ๐—ผ๐—ป๐˜๐—ฒ๐˜…๐˜โ€ฆ

In November 2018, German Publication โ€œDer Spiegelโ€ released their first story about how Man City had been subverting Profit and Sustainability Rules (PSR) and Financial Fair Play (FFP) rules. These rules, introduced in Uefa competitions in 2011/12 and the Premier League in 2012/13, prevented clubs from undertaking unlimited spending using debt or owner funds (known as equity). Instead, clubs were required to spend what they โ€œearnedโ€ such as from matchday income, broadcast revenue or commercial deals, such as sponsorships / partnerships.

The storyโ€™s source was a cache of leaked emails that Der Spiegel had obtained between Man City executives and board members, including the Chief Executive Office (CEO) and Chief Financial Officer (CFO).

The emails, which are numerous and took place over many years, go into precise detail about how Man City sought to subvert FFP rules by disguising equity payments from the owner as sponsorship revenue, by channelling the funds through the sponsorsโ€™ accounts.

Man Cityโ€™s owner is the Abu Dhabi United Group (ADUG), which is ultimately owned by Sheikh Mansour.

Uefa estimated that by cheating FFP in this way, Man City was able to spend hundreds of millions more that it should have been, distorting the transfer market and destroying the sporting integrity of the Premier League.

The emails analysed in this thread are the emails that Man City themselves provided as โ€œoriginalsโ€ during adjudication.

For more on the background of the case, check out this thread:


๐Ÿงตโ€ฆ ๐Ÿงต2/n

๐—˜๐—บ๐—ฎ๐—ถ๐—น ๐—” - ๐Ÿฒ ๐—ฆ๐—ฒ๐—ฝ๐˜๐—ฒ๐—บ๐—ฏ๐—ฒ๐—ฟ ๐Ÿฎ๐Ÿฌ๐Ÿญ๐Ÿฎ

The email provided by Man City had redacted the senderโ€™s name and so I also attach the equivalent leaked version where the senderโ€™s name can be seen.

This email was sent towards the start of the second season after FFP had been introduced.

Itโ€™s from Graham Wallace (Chief Operating Officer of Man City) to Simon Pearce (a Director of Man Cityโ€™s board, a senior figure in the UAE Govt and a key advisor to both the ruler of the UAE and Man Cityโ€™s Chairman).
It also CCโ€™s Ferran Soriano (Man Cityโ€™s CEO).

In it, Wallace explains:
โ€œ๐˜ธ๐˜ฆ ๐˜ฉ๐˜ข๐˜ท๐˜ฆ ๐˜ข๐˜ฏ ๐˜ฐ๐˜ฑ๐˜ฆ๐˜ณ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ๐˜ข๐˜ญ ๐˜ฃ๐˜ถ๐˜ด๐˜ช๐˜ฏ๐˜ฆ๐˜ด๐˜ด ๐˜ฏ๐˜ฆ๐˜ฆ๐˜ฅ ๐˜ต๐˜ฐ ๐˜ฃ๐˜ฆ ๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜ต๐˜ฐ ๐˜ด๐˜ฉ๐˜ฐ๐˜ธ ๐˜ด๐˜ฆ๐˜ฑ๐˜ข๐˜ณ๐˜ข๐˜ต๐˜ฆ๐˜ญ๐˜บ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ค๐˜ข๐˜ด๐˜ฉ ๐˜ณ๐˜ฆ๐˜ค๐˜ฆ๐˜ช๐˜ฑ๐˜ต๐˜ด ๐˜ช๐˜ฏ๐˜ต๐˜ฐ ๐˜ฐ๐˜ถ๐˜ณ ๐˜ฃ๐˜ข๐˜ฏ๐˜ฌ ๐˜ข๐˜ค๐˜ค๐˜ฐ๐˜ถ๐˜ฏ๐˜ต ๐˜ต๐˜ฉ๐˜ข๐˜ต ๐˜ณ๐˜ฆ๐˜ญ๐˜ข๐˜ต๐˜ฆ ๐˜ต๐˜ฐ ๐˜ฑ๐˜ข๐˜ณ๐˜ต๐˜ฏ๐˜ฆ๐˜ณ๐˜ด๐˜ฉ๐˜ช๐˜ฑ ๐˜ช๐˜ฏ๐˜ค๐˜ฐ๐˜ฎ๐˜ฆ ๐˜ท๐˜ฆ๐˜ณ๐˜ด๐˜ถ๐˜ด ๐˜ต๐˜ฉ๐˜ฐ๐˜ด๐˜ฆ ๐˜ต๐˜ฉ๐˜ข๐˜ต ๐˜ณ๐˜ฆ๐˜ญ๐˜ข๐˜ต๐˜ฆ ๐˜ต๐˜ฐ ๐˜ฅ๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜ฆ๐˜ฒ๐˜ถ๐˜ช๐˜ต๐˜บ ๐˜ง๐˜ถ๐˜ฏ๐˜ฅ๐˜ช๐˜ฏ๐˜จโ€

He is saying that Man City must be able to demonstrate to Uefa and the Premier League the origin of any cash they receive and make clear whether it is from partners / sponsors versus what they receive from the owner (equity). The distinction is needed for reporting on FFP compliance.

So we must ask this - why is this statement even being made? Sponsorship monies come from third parties and should have nothing to do with equity (owner funding). Equity should be no-where near sponsors and so there should never be a need to make such a statement, ever.

Next he says:
โ€œ๐˜ธ๐˜ฆ ๐˜ต๐˜ฉ๐˜ฆ๐˜ณ๐˜ฆ๐˜ง๐˜ฐ๐˜ณ๐˜ฆ ๐˜ฏ๐˜ฆ๐˜ฆ๐˜ฅ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฎ๐˜ฐ๐˜ฏ๐˜ช๐˜ฆ๐˜ด ๐˜ธ๐˜ฆ ๐˜ข๐˜ณ๐˜ฆ ๐˜ข๐˜ต๐˜ต๐˜ณ๐˜ช๐˜ฃ๐˜ถ๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ต๐˜ฐ ๐˜Œ๐˜ต๐˜ช๐˜ด๐˜ช๐˜ญ๐˜ข๐˜ต, ๐˜ˆ๐˜‹๐˜›๐˜ˆ, ๐˜ˆ๐˜ข๐˜ฃ๐˜ข๐˜ณ ๐˜ข๐˜ฏ๐˜ฅ ๐˜Œ๐˜ต๐˜ช๐˜ฉ๐˜ข๐˜ฅ [๐˜”๐˜ข๐˜ฏ ๐˜Š๐˜ช๐˜ต๐˜บโ€™๐˜ด ๐˜ด๐˜ฑ๐˜ฐ๐˜ฏ๐˜ด๐˜ฐ๐˜ณ๐˜ด], ๐˜ข๐˜ด ๐˜ด๐˜ฉ๐˜ฐ๐˜ธ๐˜ฏ [๐˜ช๐˜ฏ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ต๐˜ข๐˜ฃ๐˜ญ๐˜ฆ ๐˜ฃ๐˜ฆ๐˜ญ๐˜ฐ๐˜ธ], ๐˜ข๐˜ณ๐˜ฆ ๐˜ฑ๐˜ฉ๐˜บ๐˜ด๐˜ช๐˜ค๐˜ข๐˜ญ๐˜ญ๐˜บ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ต๐˜ฐ ๐˜ถ๐˜ด ๐˜ฃ๐˜บ ๐˜ต๐˜ฉ๐˜ฐ๐˜ด๐˜ฆ ๐˜ฃ๐˜ถ๐˜ด๐˜ช๐˜ฏ๐˜ฆ๐˜ด๐˜ด๐˜ฆ๐˜ด, ๐˜ข๐˜ด ๐˜ฐ๐˜ฑ๐˜ฑ๐˜ฐ๐˜ด๐˜ฆ๐˜ฅ ๐˜ต๐˜ฐ ๐˜ข ๐˜ค๐˜ฐ๐˜ฎ๐˜ฃ๐˜ช๐˜ฏ๐˜ฆ๐˜ฅ ๐˜ณ๐˜ฆ๐˜ค๐˜ฆ๐˜ช๐˜ฑ๐˜ต ๐˜ฐ๐˜ง ๐˜ฑ๐˜ข๐˜ณ๐˜ต๐˜ฏ๐˜ฆ๐˜ณ/๐˜ฆ๐˜ฒ๐˜ถ๐˜ช๐˜ต๐˜บ ๐˜ง๐˜ถ๐˜ฏ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜ข๐˜ญ๐˜ญ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ช๐˜ฏ ๐˜ฐ๐˜ฏ๐˜ฆ ๐˜ญ๐˜ถ๐˜ฎ๐˜ฑโ€

He is asking for money to be paid from the sponsorsโ€™ accounts and not from one account that combines all of the sponsorsโ€™ monies together with equity.

This in itself is strange because again, equity should be no-where near sponsorship revenues. Simon Pearce should have no ability to pay sponsorship revenues or make requests to pay any money from sponsorsโ€™ accounts. They are supposed to be independent third parties.

What this implies is that Simon Pearce is able to control money flows from Man Cityโ€™s sponsors.

This is highly suspicious and certainly not proper governance. However, it is not proof of an FFP breach in its own right. This is the damning bitโ€ฆ

Two tables are provided, both breaking down โ€œ๐˜›๐˜ฐ๐˜ต๐˜ข๐˜ญ 2012/13 ๐˜˜2 ๐˜๐˜ถ๐˜ฏ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜™๐˜ฆ๐˜ฒ๐˜ถ๐˜ช๐˜ณ๐˜ฆ๐˜ฅโ€.

This is the cash needed by Man City for the second financial quarter (3-month period) in the 2012/13 season. The total is a figure of ยฃ95million.

The top table makes clear that ยฃ88.1million of the ยฃ95million is โ€œ๐˜‹๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜Œ๐˜ฒ๐˜ถ๐˜ช๐˜ต๐˜บ ๐˜๐˜ถ๐˜ฏ๐˜ฅ๐˜ช๐˜ฏ๐˜จโ€. i.e., owner funds.
The other ยฃ6.9million relates to another source.

The bottom table then breaks down the ยฃ95million in terms of which accounts the money is to be paid from.
ยฃ15 million โ€œ๐˜ต๐˜ฐ ๐˜ฃ๐˜ฆ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ฅ๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜ท๐˜ช๐˜ข ๐˜Œ๐˜ต๐˜ช๐˜ด๐˜ช๐˜ญ๐˜ข๐˜ตโ€
ยฃ5 million โ€œ๐˜ต๐˜ฐ ๐˜ฃ๐˜ฆ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ฅ๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜ท๐˜ช๐˜ข ๐˜Œ๐˜ต๐˜ช๐˜ฉ๐˜ข๐˜ฅโ€
ยฃ1 million โ€œ๐˜ต๐˜ฐ ๐˜ฃ๐˜ฆ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ฅ๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜ท๐˜ช๐˜ข ๐˜ˆ๐˜ข๐˜ฃ๐˜ข๐˜ณโ€
ยฃ1 million โ€œ๐˜ต๐˜ฐ ๐˜ฃ๐˜ฆ ๐˜ณ๐˜ฆ๐˜ฎ๐˜ช๐˜ต๐˜ต๐˜ฆ๐˜ฅ ๐˜ฅ๐˜ช๐˜ณ๐˜ฆ๐˜ค๐˜ต ๐˜ท๐˜ช๐˜ข ๐˜ˆ๐˜‹๐˜›๐˜ˆโ€
This is ยฃ22million in total, demanded from the sponsorsโ€™ accounts.

Therefore, a minimum of ยฃ15.1 million (22-6.9) of those funds demanded from sponsors is actually equity funding disguised as sponsorship payments by remitting it via the sponsorsโ€™ accounts.

All of those requested sums from the sponsors were paid into Man Cityโ€™s accounts and declared as sponsorship revenue, not equity (known from the CAS judgement).Image
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May 15 โ€ข 6 tweets โ€ข 10 min read
๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†โ€™๐˜€ ๐Ÿญ๐Ÿญ๐Ÿฑ ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐˜€ - ๐˜„๐—ต๐—ฎ๐˜โ€™๐˜€ ๐—ด๐—ผ๐—ถ๐—ป๐—ด ๐—ผ๐—ปโ€ฆ

It seems that thereโ€™s plenty of confusion surrounding the situation of Manchester Cityโ€™s 115 charges for breaching Premier League rules and how it relates to their prior case with Uefa and CAS. Yet thereโ€™s not much out there in the mainstream media explaining it in that much detail.

As such, I thought it might be helpful to provide a rough summary answering some of the most common questions about it all.

Note: since I drafted all this, the BBC has released a similar version of FAQs about the case which can be found here:


The below also has some information that the BBC did not elaborate upon though.

๐Ÿงต1/n

๐—ช๐—ต๐—ฎ๐˜ ๐—ต๐—ฎ๐˜€ ๐— ๐—ฎ๐—ป๐—ฐ๐—ต๐—ฒ๐˜€๐˜๐—ฒ๐—ฟ ๐—–๐—ถ๐˜๐˜† ๐—™๐—– (๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†) ๐—ฏ๐—ฒ๐—ฒ๐—ป ๐—ฐ๐—ต๐—ฎ๐—ฟ๐—ด๐—ฒ๐—ฑ ๐˜„๐—ถ๐˜๐—ต?

Following an investigation by the Premier League, Man City has been charged with 115 counts of breaching Premier League rules:
- 54 counts of failing to provide accurate financial information
- 14 failures to provide accurate details for player and manager payments
- 5 failures to comply with Uefa rules including FFP
- 7 breaches of Premier League PSR rules
- 35 failures to co-operate with Premier League investigations

๐—ช๐—ต๐˜† ๐˜„๐—ฒ๐—ฟ๐—ฒ ๐˜๐—ต๐—ฒ๐˜† ๐˜‚๐—ป๐—ฑ๐—ฒ๐—ฟ ๐—ถ๐—ป๐˜ƒ๐—ฒ๐˜€๐˜๐—ถ๐—ด๐—ฎ๐˜๐—ถ๐—ผ๐—ป?

In November 2018, German Publication โ€œDer Spiegelโ€ released a story about how Man City had been subverting Profit and Sustainability Rules (PSR) and Financial Fair Play (FFP) rules. These rules, introduced in Uefa competitions in 2011/12 and the Premier League in 2012/13, prevented clubs from undertaking unlimited spending using debt or owner funds (known as equity). Instead, clubs were required to spend what they โ€œearnedโ€ such as from matchday revenue, broadcast revenue or commercial deals, such as sponsorships.

The storyโ€™s source was a cache of leaked emails that Der Spiegel had obtained between Man City executives, including the Chief Executive Office (CEO) and Chief Financial Officer (CFO).

The emails, which are numerous and took place over many years, go into precise detail about how Man City sought to subvert FFP rules by disguising equity payments from the owner as sponsorship revenue, by channelling the funds through their sponsorsโ€™ accounts.

This formed the initial basis of investigations by Uefa and the Premier League. The accusation is that by disguising equity payments as sponsorship revenues, they would have subsequently misreported their financial accounts, hence the charges of failing to provide accurate financial information.

Uefa estimated that at least ยฃ204million of equity payments were disguised as sponsorship revenues which would also result in substantial breaches to PSR and FFP rules.

Subsequently, there were further reports that Man City paid players and managers โ€œoff the booksโ€, resulting in charges for failing to provide accurate details for player and manager payments, which would also have knock on effects for the above charges as well.

๐—”๐—ฟ๐—ฒ๐—ปโ€™๐˜ ๐˜๐—ต๐—ฒ ๐—ฒ๐—บ๐—ฎ๐—ถ๐—น๐˜€ ๐—ฎ๐—น๐—น ๐—ณ๐—ฎ๐—ธ๐—ฒ ๐—ฎ๐—ป๐—ฑ ๐—ฑ๐—ผ๐—ฐ๐˜๐—ผ๐—ฟ๐—ฒ๐—ฑ?

No.

Man City didnโ€™t officially confirm or deny the authenticity of the emails during the Uefa investigation. However, Man City eventually released their own โ€œoriginal versionsโ€ of some of the emails during one of the hearings.

The original versions of those emails matched the equivalent contents of the leaked emails. A few of the emails submitted by Man City as โ€œoriginalsโ€ have been attached to this tweet.

๐—ช๐—ต๐˜† ๐—ถ๐˜€ ๐—ถ๐˜ ๐˜๐—ฎ๐—ธ๐—ถ๐—ป๐—ด ๐˜€๐—ผ ๐—น๐—ผ๐—ป๐—ด ๐˜๐—ผ ๐—ฏ๐—ฒ ๐—ฟ๐—ฒ๐˜€๐—ผ๐—น๐˜ƒ๐—ฒ๐—ฑ?

The nature of the accusation is complex and the Premier League lacks broad powers of investigation because it is not a Government body. It relies on its members to co-operate with investigations and provide the information that they request.

Man City sought to challenge the investigation over many years in the UK Courts of Law, thereby delaying the investigation and subsequent prosecution.bbc.co.uk/sport/footballโ€ฆImage
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๐Ÿงต2/n

๐—ช๐—ต๐˜† ๐˜„๐—ฎ๐˜€ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฎ๐—น๐—น๐—ผ๐˜„๐—ฒ๐—ฑ ๐˜๐—ผ ๐—ฑ๐—ผ ๐˜๐—ต๐—ฎ๐˜?

It is Man Cityโ€™s legal right to challenge contracts and their application in the UK Court of Law and this is what they have with the Premier League - a legally binding contract in the form of the Premier League Rule Book contained within its Handbook. It is this contract that provides the Premier League with its powers to investigate.

However, some of these actions may also be considered breach of contract depending on their legitimacy. That is probably why Man City has been charged with 35 counts of failing to comply with the investigation.

๐—›๐—ฎ๐˜€๐—ปโ€™๐˜ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜† ๐—ฏ๐—ฒ๐—ฒ๐—ป ๐˜๐—ฟ๐—ถ๐—ฒ๐—ฑ ๐—ณ๐—ผ๐—ฟ ๐˜๐—ต๐—ถ๐˜€ ๐—ฎ๐—น๐—ฟ๐—ฒ๐—ฎ๐—ฑ๐˜†?

Man City were charged and adjudicated by Uefa for similar but not identical offences. However, the basis for Uefaโ€™s investigation and charges originated from the same source - the leaked emails published in Der Spiegel.

Uefa found Man City guilty and applied a number of sanctions, including expulsion from the Champions League.
Man City appealed the verdict to CAS (the Court of Arbitration for Sport).

๐—ช๐—ต๐—ฎ๐˜ ๐˜„๐—ฎ๐˜€ ๐˜๐—ต๐—ฒ ๐—ผ๐˜‚๐˜๐—ฐ๐—ผ๐—บ๐—ฒ ๐—ฎ๐˜ ๐—–๐—”๐—ฆ?

CAS decided that the charges relating to failure to provide accurate financial information and resulting breaches in FFP were not proven and as such, overturned Uefaโ€™s sanction to ban Man City from the Champions League.

CAS decided that Uefa were within their rights to investigate Man City and that Man City substantially failed to comply with the investigation and gave them a fine for these offences.

The fully published decision by CAS (which also contains the email evidence they used) can be found here:


๐—ช๐—ต๐˜† ๐—ถ๐˜€ ๐˜๐—ต๐—ฒ ๐—ฃ๐—ฟ๐—ฒ๐—บ๐—ถ๐—ฒ๐—ฟ ๐—Ÿ๐—ฒ๐—ฎ๐—ด๐˜‚๐—ฒ ๐˜€๐˜๐—ถ๐—น๐—น ๐—ฝ๐˜‚๐—ฟ๐˜€๐˜‚๐—ถ๐—ป๐—ด ๐—ถ๐˜ ๐—ถ๐—ณ ๐—–๐—”๐—ฆ ๐—ฐ๐—น๐—ฒ๐—ฎ๐—ฟ๐—ฒ๐—ฑ ๐— ๐—ฎ๐—ป ๐—–๐—ถ๐˜๐˜†?

Likely for several reasons.

Firstly, the Premier League will have separate evidence to Uefa. Their investigation ran for longer and incorporated matters that neither Uefa nor CAS considered.

Secondly, there are some different charges that must be addressed; such as the charges for failure to provide accurate details for player and manager payments.

Thirdly, because the rules are different. Uefa and the Premier League have different rules meaning differences in offences and how they are adjudicated.

Fourthly, because there were significant issues with the CAS decision that the Premier League were potentially uncomfortable with and felt still required addressing - more detail on that is provided below.

Lastly, because they are obligated to. The Premier League has a contractual obligation to maintain the sporting integrity of the competition by ensuring its rules are adhered to and if there are breaches of those rules, that they result in suitable sanctions. The obligation extends to all of its members.tas-cas.org/fileadmin/userโ€ฆ