"The independent QC has concluded that Mr Cellino's recent conviction in the Sardinian Court did not involve conduct that would 'reasonably be considered to be dishonest' based on information available to him at the current time."
What?
Is this QC trying to tell us that what is considered dishonest in Sardinian law, is not considered dishonest in the UK? Really?? Actually on reflection that is probably exactly what he is trying to tell us. When it comes to economic crime it seems like the UK is a complete free for all.
I do not expect to see anyone fail the fit and proper person test" in my lifetime
"The independent QC has concluded that Mr Cellino's recent conviction in the Sardinian Court did not involve conduct that would 'reasonably be considered to be dishonest' based on information available to him at the current time."
What?
Is this QC trying to tell us that what is considered dishonest in Sardinian law, is not considered dishonest in the UK? Really?? Actually on reflection that is probably exactly what he is trying to tell us. When it comes to economic crime it seems like the UK is a complete free for all.
I do not expect to see anyone fail the fit and proper person test" in my lifetime
Astonishing, it really is, the Football League have lost all of its credibility after this little episode and everyone will take the piss with them now.
I would be interested in the views of any legal eagles. I see the legal argument. I am not sure it does anything to protect us as fans from the activities of crooks.
"The independent QC has concluded that Mr Cellino's recent conviction in the Sardinian Court did not involve conduct that would 'reasonably be considered to be dishonest' based on information available to him at the current time."
What?
Is this QC trying to tell us that what is considered dishonest in Sardinian law, is not considered dishonest in the UK? Really?? Actually on reflection that is probably exactly what he is trying to tell us. When it comes to economic crime it seems like the UK is a complete free for all.
I do not expect to see anyone fail the fit and proper person test" in my lifetime
Astonishing, it really is, the Football League have lost all of its credibility after this little episode and everyone will take the piss with them now.
I thought the FL did say he had failed the test, that's why he was appealing? Surely it's this QC they selected to decide on the appeal who is the guilty party?
The judgement linked to by PragueAddick is comical - Cellini evaded paying Euro 388K of VAT, but because the fine of Euro 600k is less than the usual minimum of twice the amount of tax evaded in what the Italian courts are allowed to levy fro what they consider to be a "dishonest" act, the Football League in their wisdom (or more likely their lack of courage to stand up to Cellini's lawyers in court) decide that they can accept the same definition of a "dishonest" act for their purposes. This perhaps explains how a number of Russian owners passed the fit and proper test as well if they just had to argue that any misdemeanours were not deemed "dishonest" by the Russian courts.
The judgement linked to by PragueAddick is comical - Cellini evaded paying Euro 388K of VAT, but because the fine of Euro 600k is less than the usual minimum of twice the amount of tax evaded in what the Italian courts are allowed to levy fro what they consider to be a "dishonest" act, the Football League in their wisdom (or more likely their lack of courage to stand up to Cellini's lawyers in court) decide that they can accept the same definition of a "dishonest" act for their purposes. This perhaps explains how a number of Russian owners passed the fit and proper test as well if they just had to argue that any misdemeanours were not deemed "dishonest" by the Russian courts.
So the FL have decided he is a fit and proper person, not the QC who made the judgement?
The judgement linked to by PragueAddick is comical - Cellini evaded paying Euro 388K of VAT, but because the fine of Euro 600k is less than the usual minimum of twice the amount of tax evaded in what the Italian courts are allowed to levy fro what they consider to be a "dishonest" act, the Football League in their wisdom (or more likely their lack of courage to stand up to Cellini's lawyers in court) decide that they can accept the same definition of a "dishonest" act for their purposes. This perhaps explains how a number of Russian owners passed the fit and proper test as well if they just had to argue that any misdemeanours were not deemed "dishonest" by the Russian courts.
So the FL have decided he is a fit and proper person, not the QC who made the judgement?
Well, I am with you in questioning this, Algarve, that is not how I read the document - and what the document tells us about the process.
It seems that the FL correctly recognised that there has to be an appeals process, otherwise somebody will take them to the High Court anyway, given the amounts of money involved. So they have appointed Mishcon de Rey to administer the appeals process, and this particular QC, working for them, has come to the conclusion that the appeal should stand. The FL are not happy, but have to accept it, as it is their own system. So blame the QC in this case.
As to whether he can be blamed for a questionable judgement, well that is way above my pay level. As far as I could understand it, it seems that the Italian justice system works in a way that, at this stage, Cellino is not yet "guilty" in the way he would be if he had stood before a UK court. There was a long legal argument about this. They called upon an Italian legal expert to help them understand it. Unfortunately after doing his work, he then took to social media boasting about his work, and ended up signing off "Forza Leeds". (I am not making this up). The League legal team took great exception to this but the QC found that the Italian guy overall had not been biased in his actual evidence. Anyway, it looks like Cellino could indeed be finally convicted in Italian legal terms, but this won't be known until the close season. Too late for administration this season, which could have helped us.
I am not sure the League can be blamed in this particular case. Maybe they have to amend their rules to say that a person currently in the middle of a legal case of a criminal nature cannot buy a club until the case is resolved.
Any more views on this? I think the Trust has to be aware of stuff like this. RD is not in this league of badness by any means , but who knows how long he sticks around and whom he sells to.
What is the point of the FL if, as the regulator of the game, they are not allowed the final decision on whether a prospective owner is fit and proper. A computer programme would be capable of sorting the fixture list each season and would mean the FL could be disbanded and we could save the waste of money on its ineffectual staff.
What is the point of the FL if, as the regulator of the game, they are not allowed the final decision on whether a prospective owner is fit and proper. A computer programme would be capable of sorting the fixture list each season and would mean the FL could be disbanded and we could save the waste of money on its ineffectual staff.
A computer does sort out the fixtures, but someone has to programme in the anomalies...
Seriously; of course as you know they do a hell of a lot more, and they make some crap decisions at times, but in this case I think we are being unfair in criticising, unless Prague and I are misunderstanding it? They have said he's not a fit and proper person, but they have to be right in law, and the QC has decided they are not.
The judgement linked to by PragueAddick is comical - Cellini evaded paying Euro 388K of VAT, but because the fine of Euro 600k is less than the usual minimum of twice the amount of tax evaded in what the Italian courts are allowed to levy fro what they consider to be a "dishonest" act, the Football League in their wisdom (or more likely their lack of courage to stand up to Cellini's lawyers in court) decide that they can accept the same definition of a "dishonest" act for their purposes. This perhaps explains how a number of Russian owners passed the fit and proper test as well if they just had to argue that any misdemeanours were not deemed "dishonest" by the Russian courts.
So the FL have decided he is a fit and proper person, not the QC who made the judgement?
Well, I am with you in questioning this, Algarve, that is not how I read the document - and what the document tells us about the process.
It seems that the FL correctly recognised that there has to be an appeals process, otherwise somebody will take them to the High Court anyway, given the amounts of money involved. So they have appointed Mishcon de Rey to administer the appeals process, and this particular QC, working for them, has come to the conclusion that the appeal should stand. The FL are not happy, but have to accept it, as it is their own system. So blame the QC in this case.
As to whether he can be blamed for a questionable judgement, well that is way above my pay level. As far as I could understand it, it seems that the Italian justice system works in a way that, at this stage, Cellino is not yet "guilty" in the way he would be if he had stood before a UK court. There was a long legal argument about this. They called upon an Italian legal expert to help them understand it. Unfortunately after doing his work, he then took to social media boasting about his work, and ended up signing off "Forza Leeds". (I am not making this up). The League legal team took great exception to this but the QC found that the Italian guy overall had not been biased in his actual evidence. Anyway, it looks like Cellino could indeed be finally convicted in Italian legal terms, but this won't be known until the close season. Too late for administration this season, which could have helped us.
I am not sure the League can be blamed in this particular case. Maybe they have to amend their rules to say that a person currently in the middle of a legal case of a criminal nature cannot buy a club until the case is resolved.
Any more views on this? I think the Trust has to be aware of stuff like this. RD is not in this league of badness by any means , but who knows how long he sticks around and whom he sells to.
Prague I make you right on most of that. In addition there is the point in Italian law that bringing the boat into Italian waters for which Cellino had responsibility was not the issue as it was registered in the US. It appeares from the write up you kindly linked that it was the fact the the boat at some point became permanently in Italian waters which is: 1) something which might have happened accidentally and not be under Cellino's control and 2) is still subject to appeal which in Italy makes him technically innocent Therefore a reasonable person in Italy could not say he has been convicted of an offence involving dishonesty
The fact that the subject matter expert who was "independent" then went onto social media shouting "forza Leeds" was highlighted as the League's only / main point challenging the witness. It appears that the League only had a pop at his evidence after this happened. Obviously if that happened in England in a criminal case then the guy would be done for contempt.
Leeds managing director David Haigh has resigned from his post just three days after Massimo Cellino completed his takeover of the club.
Haigh, who was set to become chief executive under Cellino, revealed that he had been given no choice but to leave the club following statements made by the Italian.
Cellino was critical of Haigh in an interview on Sunday in which he stated his intention to sack him once his purchase of a majority stake in the club was complete.
On Wednesday, a spokesman for Haigh said the 36-year-old still intended to take up the role of CEO as agreed as part of the contract between previous owners GFH Capital and Cellino's Eleonora Sport company.
However, in a statement released on Friday, Haigh said: "Owing to various statements made by and on behalf of the new majority owners of Leeds United FC, I am left with no alternative than to resign as managing director of the club.
"This is a matter of particular regret to me since I was the person who first introduced Eleonora Sport to the club's owners. I also gave them my full and constant support in the Football League's lengthy approval process.
"I am not yet, due to confidentiality obligations, in a position fully to respond to various statements which have been made about me over recent months. As soon as I am I will address the various issues - obviously a great deal has happened these past two years
"As is well known by those in or close to the club, my unstinting support of Leeds United throughout my time at the club has extended to loaning the club money to ensure that tax, players and staff were paid and to underpin its continuing viability - loans which to this day remain in the club.
"I also searched endlessly for suitable investors, whilst at the same time not taking any payment that was due. In addition to all this I had to deal with and manage what can only be described as the crazy situation of very limited support from those who should have supported the club and the management, whilst at the same time having little or no decision making ability.
"On occasions this resulted in my paying club running expenses on my personal cards and last minute dashes to wire personal money to the club to pay the HMRC.
"Notwithstanding, I did everything which was in my very limited power to take the club forward, to engage with the fans and the community and to keep the promises which were made to its great fans.
"I very much hope that the new owners will do the same and will deliver on the many promises and contractual commitments they have made to Leeds United, the players, the manager, the staff and fans and will run the club in the manner of the fit and proper owners they have been judged to be.
"I have arranged for Sport Capital to convert some of the loans made to the club into shares and once complete, those shares will be given to the fans, so it truly will be the fans' club.
"Leeds is a fantastic club in a fantastic city and I wish Elenora Sports, (manager) Brian McDermott, the players, staff and fans all the very best for the future."
Meanwhile, West Yorkshire Police said it was investigating allegations of theft at the Sky Bet Championship club.
It is understood the allegations centre on the installation of surveillance equipment in the stadium's boardroom and toilets.
Detective Superintendent Pat Twiggs, head of crime for Leeds, said: "We can confirm that police are investigating an allegation of theft relating to Leeds United Football Club following a report made by the club made on April 9.
"The investigation relates to an allegation of club funds being misappropriated for the purchase of technical equipment.
"Inquiries are at an early stage and we are not in a position to give any further information about the nature of the allegation."
Leeds owner Massimo Cellino has questioned manager Brian McDermott’s decision to take a holiday.
McDermott is understood to have taken a break after attending the League Managers Association's awards dinner in London on Monday night.
Cellino, who competed his deal to buy 75 per cent of the club’s shares on April 8, temporarily closed the club's Thorp Arch training complex last Friday in a bid to ease running costs.
But in an interview with ITV's Calendar the Italian businessman appeared angry at the absence of McDermott and his coaching staff.
"I think at this moment the club is not managed by anybody," Cellino said. "Who's managing this club? Brian. Where's Brian?
"I send a letter to Brian - help us. He's on holiday to get some rest. He was tired I can understand. But why this kind of reaction?"
When asked what he said in his letter, Cellino added: "Just let me know what he's planning for pre-season.
"What he's thinking for the future. What's his plan? What are his ideas? Where are the people that we pay wages to every month gone?
"Who gave them the permission? Who organised that? He's the manager."
Cellino's interview comes two days after he revealed the full extent of the "alarming" financial situation he has inherited at Elland Road following his takeover from Gulf Finance House Capital at a meeting with fans group Leeds United Supporters Trust.
The club's accounts announced last month for 2012-13 showed a loss of £9.5m for the year and Cellino, who has described his first weeks in charge as "unbelievable, impossible", said daily running costs were "well over £100,000".
It is understood the club is losing more than £1m a month and, following the closure of Thorp Arch until pre-season training, it is understood the formal process of staff redundancies began on Wednesday afternoon.
So he's trying to piss McDermott off so much that he walks and Cellino won't have to pay compensation. Predictable senior management methodology. I never thought I'd say this but I actually pity Leeds fans at the moment.
Manager Brian McDermott has left Championship side Leeds United by mutual consent. The former Reading boss had been in charge since April 2013, having signed a three-year contract. He helped keep the club in the Championship this season, during which time they were taken over by Italian businessman Massimo Cellino. McDermott at Leeds
"Brian has been very understanding of my wish to implement a new structure," said Cellino. "He is a great manager and a great guy. He has been unfortunate to work in such difficult circumstances." When Cellino's deal to take the majority shareholding of Leeds from GFH Capital was confirmed in January, McDermott was sacked, only to be reinstated a day later. He guided the club to a 15th-place finish and Cellino said towards the end of April he intended to discuss future plans with McDermott. "Massimo wants to bring a new energy to the club so that we can return to where we belong as a healthy football club," said McDermott. "To my players for their efforts I say a big thank you. To all the staff I am especially grateful for their support. "Finally, to the incredible force that is the Leeds United supporters, I offer my heartfelt thanks. "I urge everyone to get behind the team and the new owner next season to get us back to where we need to be, fighting for trophies and competing at the top-table of English and European football." The Football League cleared Cellino's takeover at Elland Road in April after initially disqualifying him as a director when he was found guilty of failing to pay import duty on a yacht in Italy. Since then, the Miami-based Italian businessman has revealed Leeds are losing more than £1m per month, and he must focus on "making them healthy again".
Comments
What?
Is this QC trying to tell us that what is considered dishonest in Sardinian law, is not considered dishonest in the UK?
Really?? Actually on reflection that is probably exactly what he is trying to tell us. When it comes to economic crime it seems like the UK is a complete free for all.
I do not expect to see anyone fail the fit and proper person test" in my lifetime
I would be interested in the views of any legal eagles. I see the legal argument. I am not sure it does anything to protect us as fans from the activities of crooks.
If it had been Accrington or Rochdale things would be different I reckon.
I thought the FL did say he had failed the test, that's why he was appealing? Surely it's this QC they selected to decide on the appeal who is the guilty party?
It seems that the FL correctly recognised that there has to be an appeals process, otherwise somebody will take them to the High Court anyway, given the amounts of money involved. So they have appointed Mishcon de Rey to administer the appeals process, and this particular QC, working for them, has come to the conclusion that the appeal should stand. The FL are not happy, but have to accept it, as it is their own system. So blame the QC in this case.
As to whether he can be blamed for a questionable judgement, well that is way above my pay level. As far as I could understand it, it seems that the Italian justice system works in a way that, at this stage, Cellino is not yet "guilty" in the way he would be if he had stood before a UK court. There was a long legal argument about this. They called upon an Italian legal expert to help them understand it. Unfortunately after doing his work, he then took to social media boasting about his work, and ended up signing off "Forza Leeds". (I am not making this up). The League legal team took great exception to this but the QC found that the Italian guy overall had not been biased in his actual evidence. Anyway, it looks like Cellino could indeed be finally convicted in Italian legal terms, but this won't be known until the close season. Too late for administration this season, which could have helped us.
I am not sure the League can be blamed in this particular case. Maybe they have to amend their rules to say that a person currently in the middle of a legal case of a criminal nature cannot buy a club until the case is resolved.
Any more views on this? I think the Trust has to be aware of stuff like this. RD is not in this league of badness by any means , but who knows how long he sticks around and whom he sells to.
Seriously; of course as you know they do a hell of a lot more, and they make some crap decisions at times, but in this case I think we are being unfair in criticising, unless Prague and I are misunderstanding it? They have said he's not a fit and proper person, but they have to be right in law, and the QC has decided they are not.
1) something which might have happened accidentally and not be under Cellino's control and
2) is still subject to appeal which in Italy makes him technically innocent
Therefore a reasonable person in Italy could not say he has been convicted of an offence involving dishonesty
The fact that the subject matter expert who was "independent" then went onto social media shouting "forza Leeds" was highlighted as the League's only / main point challenging the witness. It appears that the League only had a pop at his evidence after this happened. Obviously if that happened in England in a criminal case then the guy would be done for contempt.
Haigh, who was set to become chief executive under Cellino, revealed that he had been given no choice but to leave the club following statements made by the Italian.
Cellino was critical of Haigh in an interview on Sunday in which he stated his intention to sack him once his purchase of a majority stake in the club was complete.
On Wednesday, a spokesman for Haigh said the 36-year-old still intended to take up the role of CEO as agreed as part of the contract between previous owners GFH Capital and Cellino's Eleonora Sport company.
However, in a statement released on Friday, Haigh said: "Owing to various statements made by and on behalf of the new majority owners of Leeds United FC, I am left with no alternative than to resign as managing director of the club.
"This is a matter of particular regret to me since I was the person who first introduced Eleonora Sport to the club's owners. I also gave them my full and constant support in the Football League's lengthy approval process.
"I am not yet, due to confidentiality obligations, in a position fully to respond to various statements which have been made about me over recent months. As soon as I am I will address the various issues - obviously a great deal has happened these past two years
"As is well known by those in or close to the club, my unstinting support of Leeds United throughout my time at the club has extended to loaning the club money to ensure that tax, players and staff were paid and to underpin its continuing viability - loans which to this day remain in the club.
"I also searched endlessly for suitable investors, whilst at the same time not taking any payment that was due. In addition to all this I had to deal with and manage what can only be described as the crazy situation of very limited support from those who should have supported the club and the management, whilst at the same time having little or no decision making ability.
"On occasions this resulted in my paying club running expenses on my personal cards and last minute dashes to wire personal money to the club to pay the HMRC.
"Notwithstanding, I did everything which was in my very limited power to take the club forward, to engage with the fans and the community and to keep the promises which were made to its great fans.
"I very much hope that the new owners will do the same and will deliver on the many promises and contractual commitments they have made to Leeds United, the players, the manager, the staff and fans and will run the club in the manner of the fit and proper owners they have been judged to be.
"I have arranged for Sport Capital to convert some of the loans made to the club into shares and once complete, those shares will be given to the fans, so it truly will be the fans' club.
"Leeds is a fantastic club in a fantastic city and I wish Elenora Sports, (manager) Brian McDermott, the players, staff and fans all the very best for the future."
Meanwhile, West Yorkshire Police said it was investigating allegations of theft at the Sky Bet Championship club.
It is understood the allegations centre on the installation of surveillance equipment in the stadium's boardroom and toilets.
Detective Superintendent Pat Twiggs, head of crime for Leeds, said: "We can confirm that police are investigating an allegation of theft relating to Leeds United Football Club following a report made by the club made on April 9.
"The investigation relates to an allegation of club funds being misappropriated for the purchase of technical equipment.
"Inquiries are at an early stage and we are not in a position to give any further information about the nature of the allegation."
Leeds owner Massimo Cellino has questioned manager Brian McDermott’s decision to take a holiday.
McDermott is understood to have taken a break after attending the League Managers Association's awards dinner in London on Monday night.
Cellino, who competed his deal to buy 75 per cent of the club’s shares on April 8, temporarily closed the club's Thorp Arch training complex last Friday in a bid to ease running costs.
But in an interview with ITV's Calendar the Italian businessman appeared angry at the absence of McDermott and his coaching staff.
"I think at this moment the club is not managed by anybody," Cellino said. "Who's managing this club? Brian. Where's Brian?
"I send a letter to Brian - help us. He's on holiday to get some rest. He was tired I can understand. But why this kind of reaction?"
When asked what he said in his letter, Cellino added: "Just let me know what he's planning for pre-season.
"What he's thinking for the future. What's his plan? What are his ideas? Where are the people that we pay wages to every month gone?
"Who gave them the permission? Who organised that? He's the manager."
Cellino's interview comes two days after he revealed the full extent of the "alarming" financial situation he has inherited at Elland Road following his takeover from Gulf Finance House Capital at a meeting with fans group Leeds United Supporters Trust.
The club's accounts announced last month for 2012-13 showed a loss of £9.5m for the year and Cellino, who has described his first weeks in charge as "unbelievable, impossible", said daily running costs were "well over £100,000".
It is understood the club is losing more than £1m a month and, following the closure of Thorp Arch until pre-season training, it is understood the formal process of staff redundancies began on Wednesday afternoon.
Shame...
Carbone is now working there in some capacity. Given they are in theory trying to save money, is he working for free?
The former Reading boss had been in charge since April 2013, having signed a three-year contract.
He helped keep the club in the Championship this season, during which time they were taken over by Italian businessman Massimo Cellino.
McDermott at Leeds
"Brian has been very understanding of my wish to implement a new structure," said Cellino.
"He is a great manager and a great guy. He has been unfortunate to work in such difficult circumstances."
When Cellino's deal to take the majority shareholding of Leeds from GFH Capital was confirmed in January, McDermott was sacked, only to be reinstated a day later.
He guided the club to a 15th-place finish and Cellino said towards the end of April he intended to discuss future plans with McDermott.
"Massimo wants to bring a new energy to the club so that we can return to where we belong as a healthy football club," said McDermott.
"To my players for their efforts I say a big thank you. To all the staff I am especially grateful for their support.
"Finally, to the incredible force that is the Leeds United supporters, I offer my heartfelt thanks.
"I urge everyone to get behind the team and the new owner next season to get us back to where we need to be, fighting for trophies and competing at the top-table of English and European football."
The Football League cleared Cellino's takeover at Elland Road in April after initially disqualifying him as a director when he was found guilty of failing to pay import duty on a yacht in Italy.
Since then, the Miami-based Italian businessman has revealed Leeds are losing more than £1m per month, and he must focus on "making them healthy again".
Compare and contrast