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Author Topic: The Club Charged By The FA  (Read 84205 times)
Power to people

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« Reply #30 on: Wednesday, April 7, 2021, 15:57:00 »

why Horlock?

You would imagine the club (in the form of an Email or official letter) would have been made aware before this was published.
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horlock07

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« Reply #31 on: Wednesday, April 7, 2021, 15:59:39 »

Clutching at straws they only have 2 weeks to respond which hopefully will bring things to a head one way or the other!
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« Reply #32 on: Wednesday, April 7, 2021, 15:59:42 »

This is what they're' allegedly' in breach of:

https://www.thefa.com/football-rules-governance/policies/intermediaries/regulation-and-forms#:~:text=The%20FA%20regulations%20on%20working%20with%20intermediaries%20state%20that%20all,via%20The%20FA%20clearing%20house.


Clearinghouse payments

The FA regulations on working with intermediaries state that all payments (payments made as net salary deductions are exempt) made by a club to an intermediary in relation to a transaction are required to be made via The FA clearing house.

Payments to clubs belonging to other national associations in respect of transfer fees, solidarity and training compensation are also required to be made via The FA clearing house.

When a payment is made to The FA, the payment instruction form below must be completed detailing who the payment is for, what it is in relation to and the bank details for the beneficiary.

When a player is transferred between two clubs in different countries, 5% of the transfer fee paid is due as solidarity to the clubs who trained the player between the ages of 12 and 23. The calculator below can help to determine the amount due to these clubs. A completed version must be submitted whenever a solidarity payment is made via The FA clearing house.

I'm not sure this is even the same thing as the court stuff. I was wondering how we could be charged without the court having come to a conclusion yet.

I think it's more likely to be this isn't it?


Restriction on Conflict of Interest
4.      
An Intermediary, any individual or legal person with an interest in an Intermediary’s Organisation or an Intermediary’s Organisation shall not have an interest in a Club. Similarly, a Player, Club, Club Official, Manager or any individual or entity with an interest in a Club shall not have any interest in the business or affairs of an Intermediary or an Intermediary’s Organisation. Such interest shall be defined as:
a. beneficial ownership of more than 5% of any entity, firm or company through which the activities of the Club or Intermediary (as applicable) are conducted
and/ or
b. being in a position or having any association that may enable the exercise of a material,financial, commercial, administrative, managerial or any other influence over the affairs of the Club or Intermediary (as applicable) whether directly or indirectly and whether formally or informally.


https://www.thefa.com/-/media/files/thefaportal/governance-docs/agents/intermediaries/the-fa-working-with-intermediaries-regulations-2020-21.ashx

And further down in the PDF it sets out the mechanism for punishment of breaches

"Any breach of these Regulations shall be Misconduct in accordance with Rule E1.1. Any charge for Misconduct shall be dealt with in accordance with the Rules of The Association and shall be determined by a Regulatory Commission of The Association"

So there is no fixed penalty, it is determined by a panel.
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TheDukeOfBanbury

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« Reply #33 on: Wednesday, April 7, 2021, 16:02:01 »

The punishment will be a 5 year extended contract for Sheridactyly that cannot be cancelled.
The end.
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Bob's Orange
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« Reply #34 on: Wednesday, April 7, 2021, 16:03:12 »

They'll be waiting on us more like.

Ha. Any minute now there will be a report on the adver site ending with;

'possible punishments include Swindon Town being forced to play Matej Kovar in goal for the remaining games this season or Season Ticket holders being forced to watch the remaining home games at the County Ground. The Adver is waiting for further comment from Lee Power and representatives from Swindon Town Football Club but can report what looks like a pig shaped projectile in the distance floating over the Magic Roundabout'
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we've been to Aberdeen, we hate the Hibs, they make us spew up, so make some noise,
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« Reply #35 on: Wednesday, April 7, 2021, 16:03:46 »

You would imagine the club (in the form of an Email or official letter) would have been made aware before this was published.


Of course they would, they would have to have been.
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we've been to Aberdeen, we hate the Hibs, they make us spew up, so make some noise,
the gorgie boys, for Hearts in Europe.
horlock07

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« Reply #36 on: Wednesday, April 7, 2021, 16:05:00 »

I think it's more likely to be this isn't it?


Restriction on Conflict of Interest
4.      
An Intermediary, any individual or legal person with an interest in an Intermediary’s Organisation or an Intermediary’s Organisation shall not have an interest in a Club. Similarly, a Player, Club, Club Official, Manager or any individual or entity with an interest in a Club shall not have any interest in the business or affairs of an Intermediary or an Intermediary’s Organisation. Such interest shall be defined as:
a. beneficial ownership of more than 5% of any entity, firm or company through which the activities of the Club or Intermediary (as applicable) are conducted
and/ or
b. being in a position or having any association that may enable the exercise of a material,financial, commercial, administrative, managerial or any other influence over the affairs of the Club or Intermediary (as applicable) whether directly or indirectly and whether formally or informally.


https://www.thefa.com/-/media/files/thefaportal/governance-docs/agents/intermediaries/the-fa-working-with-intermediaries-regulations-2020-21.ashx

And further down in the PDF it sets out the mechanism for punishment of breaches

"Any breach of these Regulations shall be Misconduct in accordance with Rule E1.1. Any charge for Misconduct shall be dealt with in accordance with the Rules of The Association and shall be determined by a Regulatory Commission of The Association"

So there is no fixed penalty, it is determined by a panel.

Makes more sense, albeit once this went to Court (and entered the public domain) how was Power expecting to wriggle out of it, makes his Barry rather than Standing defence (rather than just settling OOC to keep it quiet) even more nonsensical.
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Batch
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« Reply #37 on: Wednesday, April 7, 2021, 16:05:58 »

Quote from: horlock07
Quote
why Horlock?
Considering how little regarding the Standing/Power relationship is in the public domain they cannot of based this purely on that, which suggests to me that the club have been co-operating with (or obstructing) an ongoing FA investigation and would have known what was in the post.


ah, I see.

yes I guess they may have suspected it was coming but only received official notification this morning.

don't worry, I'm sure Steve 'i am a real person' Anderson was on top of it
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horlock07

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« Reply #38 on: Wednesday, April 7, 2021, 16:09:25 »

I assume insofar as they have charged Standing rather than Gary Barry, the FA (or at least their legal advisors) have concluded that Powers 'it was Barry's money' case is bullshit. I wonder whether something has happened in the court case which has not reached the public domain yet, otherwise there is the potential for this to prejudice that case as it basically directly contradicts Powers case!
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flammableBen

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« Reply #39 on: Wednesday, April 7, 2021, 16:13:59 »

Is this likely to be power doing deals on / moving around transfer money in a way he’s not supposed to have? There’s some stuff about transfer fees which seems to be against the way I’ve understood stuff like basing income on sell on causes which we may or may not have done?

I mean fuck knows . Honestly don’t have the energy to do a proper deep read at the moment 😔
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Power to people

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« Reply #40 on: Wednesday, April 7, 2021, 16:15:32 »

You would imagine the FA want this resolved - and any punishment - this season, hence only giving 2 weeks to respond, giving it time for appeals as well.

Either way you would suspect a hefty punishment is coming our way, it surprises me that this has come before the court case though.

You would also imagine part of the punishment would be that Standing has to either cease having a controlling interest in the club or cease to be a football agent.

Imagine if crowds had been allowed at games - I think Power would be employing a van load of bodyguards - or not attended games
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Berniman
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« Reply #41 on: Wednesday, April 7, 2021, 16:23:39 »

The concerning thing is, if we get a demotion as punishment (how ever long that takes to decide), and don't do enough in the league this season, we end up as a NL club next season.

There was us preparing ourselves for Barrow, we could be looking forward to many more different grounds than Barrow.
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“Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.” ― Marcus Aurelius

When somebody shouts STOP! I never know if it's in the name of love, if it's HAMMER TIME, or if I should collaborate and listen...
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« Reply #42 on: Wednesday, April 7, 2021, 16:31:27 »

The concerning thing is, if we get a demotion as punishment (how ever long that takes to decide), and don't do enough in the league this season, we end up as a NL club next season.

There was us preparing ourselves for Barrow, we could be looking forward to many more different grounds than Barrow.
Or get a points deduction next season and spend a whole season thinking about non-league.......don't know which is worse to be fair.
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Flashheart

« Reply #43 on: Wednesday, April 7, 2021, 16:34:06 »

I think it's more likely to be this isn't it?


Restriction on Conflict of Interest
4.      
An Intermediary, any individual or legal person with an interest in an Intermediary’s Organisation or an Intermediary’s Organisation shall not have an interest in a Club. Similarly, a Player, Club, Club Official, Manager or any individual or entity with an interest in a Club shall not have any interest in the business or affairs of an Intermediary or an Intermediary’s Organisation. Such interest shall be defined as:
a. beneficial ownership of more than 5% of any entity, firm or company through which the activities of the Club or Intermediary (as applicable) are conducted
and/ or
b. being in a position or having any association that may enable the exercise of a material,financial, commercial, administrative, managerial or any other influence over the affairs of the Club or Intermediary (as applicable) whether directly or indirectly and whether formally or informally.


https://www.thefa.com/-/media/files/thefaportal/governance-docs/agents/intermediaries/the-fa-working-with-intermediaries-regulations-2020-21.ashx

And further down in the PDF it sets out the mechanism for punishment of breaches

"Any breach of these Regulations shall be Misconduct in accordance with Rule E1.1. Any charge for Misconduct shall be dealt with in accordance with the Rules of The Association and shall be determined by a Regulatory Commission of The Association"

So there is no fixed penalty, it is determined by a panel.

The link I gave is the same link the FA gave in their original statement.

This is it in full:

Intermediaries regulations

The licensing system for agents ceased to exist on 1st April 2015 and was replaced by the concept of intermediaries in accordance with the FIFA regulations on working with intermediaries.

The FA regulations on working with intermediaries can be found in the resource section below, together with a set of guidance notes for both intermediaries and players.

Standard forms

This page also contains all the forms and information relating the declaration of intermediary activity in a transaction. To download any of these forms, please see the resource document section below.

The IM1-NR is required when no intermediary has been used by any party in the deal.

The IM1 form provides for declaration of all the intermediaries used in a deal and must be signed by all parties. Annex 1 declares the payments being made by the player to the intermediary and must be completed if the player has used an intermediary (even if no payment is being made to the intermediary). Annexes 2 and 3 must be completed in cases of dual (or multiple) representation and declare the payments being made by the registering club or former club (as applicable) to the intermediary.

The IM2 is required to be completed by all parties who wish to complete a transaction where there may be a (potential) conflict of interest. This is not required in cases of dual (or multiple) representation.

An FAQ document on the IM forms can also be found in the resources section.

Clearing house payments

The FA regulations on working with intermediaries state that all payments (payments made as net salary deductions are exempt) made by a club to an intermediary in relation to a transaction are required to be made via The FA clearing house.

Payments to clubs belonging to other national associations in respect of transfer fees, solidarity and training compensation are also required to be made via The FA clearing house.

When a payment is made to The FA, the payment instruction form below must be completed detailing who the payment is for, what it is in relation to and the bank details for the beneficiary.

When a player is transferred between two clubs in different countries, 5% of the transfer fee paid is due as solidarity to the clubs who trained the player between the ages of 12 and 23. The calculator below can help to determine the amount due to these clubs. A completed version must be submitted whenever a solidarity payment is made via The FA clearing house.
« Last Edit: Wednesday, April 7, 2021, 16:36:26 by Flashheart » Logged
Costanza

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« Reply #44 on: Wednesday, April 7, 2021, 16:44:49 »

The punishment will be a 5 year extended contract for Sheridactyly that cannot be cancelled.
The end.

C'mon Duke - Focus!
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