English football’s biggest case: Why Manchester City could lose points, titles or their place in Premier League

0
2
English football’s biggest case: Why Manchester City could lose points, titles or their place in Premier League


Manchester City have been found guilty of 114 of the 115 charges brought against them by the Premier League for breaking its financial rules, The Athletic reported on Friday, citing sources briefed on the matter. BBC Sport said it had separately been told that the independent panel hearing the case had ruled and upheld most of the charges. Bloomberg, quoting a person familiar with the process, reported that City had been found guilty of nearly all of them.

City have been the most successful club in England since Abu Dhabi United Group (ADUG) bought them in 2008. (AP Photo)

Neither side has confirmed the verdict. The Premier League declined to comment. City said in a statement that “the Premier League process remains ongoing, with significant elements to be completed, and subject to strict confidentiality”. The club added that it had “diligently respected due process for eight years” on the basis that the league’s board and executive would behave as “an independent, impartial and fair-minded regulator, free from partisan influence”. But City are expected to appeal. A person with knowledge of the situation told the Associated Press (AP) that an appeal would take several months.

City have been the most successful club in England since Abu Dhabi United Group (ADUG) bought them in 2008. Over that time, they have won eight Premier League titles, four FA Cups, seven League Cups and the 2023 Champions League. They top the table this season after winning their first five matches under Enzo Maresca, who replaced Pep Guardiola at the end of last season.

Also Read | Manchester City charges explained: What the 115 allegations covered, what they were found guilty of and what comes next

The punishments could range from a reprimand and fines to points deductions and expulsion from the league.

What City were accused of

The Premier League charged City in February 2023, after a four-year investigation, and referred the case to an independent commission. Most of the charges concern alleged breaches between 2009 and 2018. The rest relate to the club’s conduct during the investigation.

BBC Sport said the charges are for:

  • Failing to provide accurate financial information in every season from 2009-10 to 2017-18
  • Failing to provide accurate details of payments to players and managers over those nine seasons
  • Failing to comply with Uefa rules, including financial fair play (FFP), from 2013-14 to 2017-18
  • Breaching the Premier League’s profitability and sustainability rules (PSR) from 2015-16 to 2017-18
  • Failing to co-operate with the Premier League’s investigation between December 2018 and February 2023

Uefa’s FFP and the Premier League’s PSR, which the league introduced in 2012, both cap the losses a club may make. In practice, clubs must broadly spend what they earn, and commercial deals are assessed to check they are worth what the club claims, AP reported. Premier League rules also require clubs to provide accurate financial information that gives a true and fair view of the club’s financial position, BBC Sport reported.

The allegations stem from leaked e-mails and documents that German magazine Der Spiegel began publishing in 2018.

They cover three kinds of alleged conduct. The first concerns sponsorship. Der Spiegel alleged that City inflated income from two Abu Dhabi companies, the state-owned airline Etihad and the state-controlled telecoms firm Etisalat. According to the magazine, the money came from ADUG and was channelled through the two companies’ accounts, so that it appeared as sponsorship. This, it was alleged, helped City stay within the loss limits set by FFP and PSR.

Also Read | Rodri confident in Man City innocence despite reported charges

The second concerns Roberto Mancini, City’s manager at the time. Documents purportedly showed off-the-books payments to him through consultancy fees from Al Jazira, another club owned by Sheikh Mansour. Der Spiegel claimed Mancini was paid more as an adviser to Al Jazira than for managing City, according to The Athletic. Mancini denied any wrongdoing.

The third is that City paid players more than was officially recorded, so that the club’s accounts showed lower spending than it actually incurred.

City, along with the companies involved, strongly denied breaking any financial rules.

The club refused to comment on Der Spiegel’s reports, saying the e-mails had been obtained illegally and were an “attempt to damage the club’s reputation”.

The period covered by the charges spans the tenures of Mancini and his successor Manuel Pellegrini, and Guardiola’s first two seasons in charge. Guardiola has previously backed the club’s position.

Who owns City, and why it matters

ADUG is the investment vehicle of Sheikh Mansour bin Zayed Al Nahyan. He is the brother of the president of the United Arab Emirates (UAE), and the country’s deputy prime minister.

City is widely considered one of the most successful sporting investments from West Asia.

The ownership is central to the case because the key allegation involves money moving between the owner and Abu Dhabi companies. City maintain that ADUG is a private fund and have always denied being state-owned.

The club has also faced wider criticism. Human rights campaigners have claimed City are being used to “sportswash” what Amnesty International has called the UAE’s “deeply tarnished image”. City have always denied that the club is being used to enhance the country’s reputation.

The case also has diplomatic implications. Prime Minister Andy Burnham has been trying to improve Britain’s relations with the UAE since taking office, Bloomberg reported. Asked whether City should be stripped of their titles, Burnham told ITV Granada Reports: “I think we would all need to study the independent commission’s report in some considerable detail before reaching any conclusions,” according to AFP.

UK’s culture secretary Lisa Nandy told BBC Radio 5 Live that the government “can’t apply those rules for the Premier League”, and that the league would “have to resolve this as swiftly as possible”. Caroline Dinenage, chair of Parliament’s culture, media and sport committee, said in a statement that “the extraordinary length and cost of this process raise serious concerns”, Reuters reported.

A long road to the verdict

City’s difficulties with financial regulators began before the leaks.

In May 2014, Uefa fined the club £49 million, £32 million of it suspended, for breaching FFP limits. It also restricted City to a 21-man squad for the 2014-15 Champions League. The club maintained it had been compliant.

Der Spiegel published its first articles on November 5, 2018. They were based on documents from Football Leaks, a whistleblower platform set up by Portuguese computer hacker Rui Pinto, according to The Athletic.

Uefa opened a formal investigation in March 2019. In February 2020, it banned City from European competitions for two years and fined them €30 million. The Court of Arbitration for Sport (Cas) overturned the ban five months later. It found that the alleged breaches were either not established or time-barred, meaning they had happened too long ago to be punished under Uefa’s regulations.

Cas did find that City had failed to co-operate with Uefa by failing to provide substantial amounts of evidence. It called that breach “severe”, and City were fined £8.8 million. Failure to co-operate also accounts for 35 of the Premier League’s 115 charges, according to BBC Sport.

The Premier League cases moved more slowly. In July 2021, City lost a ruling on jurisdiction, which allowed the media to report that the league was investigating them. The charges followed in February 2023. The hearing ran from September 16 to December 6, 2024, before a commission of three people appointed by the independent chair of the Premier League Judicial Panel, Reuters reported. Their identities will become public only once a written judgment is released.

What happens now

A finding of guilt is only the first stage. A sanctions hearing must follow, and it could take months. The punishment may be made public before or after an appeal, BBC Sport reported. City can appeal against the commission’s judgment directly but cannot take the case to Cas, as they did in 2020.

The Premier League’s handbook lists the sanctions under Rule W.51: a reprimand, fines, points deductions and expulsion. Rule W.51.7 allows the panel to combine them or impose other sanctions it considers appropriate. Whatever it chooses must be proportionate to the breaches, or it risks being overturned on appeal, according to The Athletic.

Fines and points deductions can be immediate or suspended, and points can be taken retrospectively.

Expulsion would mean City lose their Premier League membership and are demoted to a lower division at the end of the season. A large enough points deduction would have the same effect. The BBC also reported that several City players do not have release clauses in their contracts covering relegation.

“There is a wide range of options, with a transfer ban at the more moderate end of the spectrum and expulsion from the league the most severe repercussion,” Ian Hargreaves, a partner at disputes firm Quillon Law, told Reuters. He added that much would depend on the detail of the panel’s findings and reasoning, and whether they could withstand a hard-fought appeal.

Titles and compensation

City won eight trophies during the period covered by the charges:

  • Three Premier League titles, in 2011-12, 2013-14 and 2017-18
  • The 2011 FA Cup
  • Three League Cups, in 2013-14, 2015-16 and 2017-18
  • One Community Shield

If the commission chose to hand those titles to the runners-up, the beneficiaries would be:

  • Premier League: Manchester United for 2011-12 and 2017-18, and Liverpool for 2013-14
  • FA Cup: Stoke City
  • League Cups: Sunderland, Liverpool and Arsenal

Rio Ferdinand, the former Manchester United defender who played in the side that finished second to City in 2011-12, posted on X: “Another Premier League medal to be added to the cabinet.”

But lawyers say it may not come to that. “Generally, panels don’t like deciding titles in a court process. Doing it that way does not give a real tangible punishment to the club,” James Hill, a sports regulatory lawyer at Onside Law, had told The Athletic in 2023.

Money may be the bigger fight. Premier League clubs are seeking legal advice on claiming compensation from City. Paul Gilroy KC, a football law expert, told BBC Radio 4 that four clubs had already lodged protective claims, reserving the right to seek compensation if City were found guilty.

There is a recent precedent. In June, Everton were ordered to pay Burnley £35 million, made up of £26 million in damages and £9 million in interest. Burnley had argued that Everton’s breach of the profitability rules, which related to the 2021-22 season, hurt their chances of staying in the Premier League. Everton are appealing.

Christian Purslow, a former Liverpool managing director and Aston Villa chief executive, said on BBC Radio 4’s Today programme that every club in each affected season suffered “easy-to-compute loss”, with every league place worth £3 million. Clubs that missed out on the Champions League, or were relegated, may have lost far more. “A never-ending waterfall of legal claims and uncertainties for another four or five years would be absolutely appalling for the game,” he said.

How other clubs have been punished

Everton were deducted eight points in the 2023-24 season. They were docked six points for one breach, reduced from 10 on appeal, and two for a second. Nottingham Forest lost four points in March 2024. Both sets of cases involved exceeding permitted losses over a three-year period. These were single charges, and far simpler to assess than the ones against City.

Also Read | What are Manchester City’s 115 charges? ‘Guilty’ verdict puts nine trophies in focus

Chelsea were fined a record £10 million and given a suspended transfer ban in 2026, after the club admitted making more than £47 million in secret payments linked to transfers in the 2010s. The Premier League accepted that the case involved “deception and concealment in relation to financial matters”. It applied leniency because Chelsea’s new owners had reported the breaches themselves and co-operated, the BBC reported.

In Italy, Juventus were deducted 10 points in Serie A in 2023 over inflated transfer revenue, after an initial 15-point penalty was overturned and re-examined. Uefa then removed them from the Europa Conference League and fined them €20 million, half of it conditional on future compliance.

Juventus chose not to appeal. Club president Gianluca Ferrero said it could “now face the new season by focusing on the field and not on the courts”, AP reported.

City’s case differs from all of these. The club denies every charge and is contesting the case. It has had no change of ownership that could count as mitigation. The alleged breaches cover more than a decade, which has been described as unprecedented in scale.

What is still unknown

The Premier League has not published the commission’s judgment. It is not yet known which charge the panel rejected, who sat on it, how it reasoned, or what punishment it will impose.

Other Premier League clubs have been told of the decision by e-mail, and a select group of directors had to sign a non-disclosure agreement before reading it, a source told the BBC. No date has been given for an official announcement.


LEAVE A REPLY

Please enter your comment!
Please enter your name here