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Will City be punished for breach of FFP?

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Hansern

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Manchester City to be made to pay a high price for spending spree under Uefa Financial Fair Play rules

Title challengers may face heavy fine or transfer embargo for breaking Uefa's Financial Fair Play rules

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Big signing: The purchase of Samir Nasri (right) contributed to losses of £149million that meant Manchester City were bound to be under heavy scrutiny Photo: AFP/GETTY


Manchester City were facing a huge Financial Fair Play sanction on Monday night as Uefa prepared to rule that the spending spree that transformed them into a superpower of the game breached its much-vaunted cost-control regulations.
Telegraph Sport has learnt that City, whose billionaire owner, Sheikh Mansour bin Zayed al Nahyan, has bankrolled the most successful period in the club’s history, will this week be found guilty of failing to comply with FFP rules – barring an improbable 11th-hour reprieve.
Paris St-Germain are also poised to be punished by Uefa’s Club Financial Control Body, which was created to police “greed, reckless spending and financial insanity” in European football and will meet on Tuesday and Wednesday to make its first decisions on which clubs will be prosecuted.
City and PSG are understood to be among fewer than 20 teams under threat of a sanction and, unless dramatic new evidence emerges in the next 48 hours to support their claims they have played by the rules, they are on course to be hit hardest of all.
The nature and degree of any punishment will be determined in the coming days but it is understood neither team will be faced with expulsion from the Champions League.
The sanction is far more likely to be either a heavy fine or transfer embargo to prevent their mega-rich owners adding to two of the most expensive squads in history.

Such a punishment could hardly come at a worse time for City, who remain at the centre of one of the most thrilling three-horse title races English football has seen and will be desperate to avoid any distractions in their final six games of the season.
They declined to comment on Monday night on the status of the CFCB’s probe into their finances, PSG did not respond to requests for comment, while Uefa refused to comment on the identities of any team in danger of being punished.
Manchester United, Arsenal and Chelsea all confirmed they were not under investigation from European football’s governing body, having complied with its rule forbidding clubs making losses in excess of €45 million (£37.2  million) during the 2011-12 and 2012-13 seasons after certain exceptions are taken into account.
Having posted losses of £149 million over that period after buying the likes of Sergio Agüero, Samir Nasri, Gaël Clichy, Javi Garcia and Matija Nastasic, City were always likely to be under heavy scrutiny.
It is their attempts to balance their books which have been most closely examined, particularly their 10-year, £350 million sponsorship deal with Etihad, the official airline of Abu Dhabi.
FFP rules prohibit transactions with companies which have ties to a club or its owners being used in this way unless they can be shown to represent fair market value. Designed to prevent wealthy owners artificially inflating the value of such deals, their validity is judged on three criteria.
If it is shown to be a related-party transaction, Uefa’s auditors calculate how much equivalent media exposure would have cost through the company advertising in other ways, how the tie-up compares with those struck by similar clubs, and what independent marketing experts think of the agreement.
City have always insisted the deal is no more unfair when measured on a like-for-like basis against those struck by its closest rivals, including United.

PSG have also argued that their much larger €200 million-a-year (£167 million) commercial arrangement with the Qatar Tourism Authority is above board but it emerged last month that Uefa had serious doubts over its validity and the French champions’ attitude to scrutiny of it.
Tuesday and Wednesday’s meeting of the eight-strong CFCB investigatory chamber, which includes former Celtic chairman Brian Quinn, could consider new data before making a final decision on each club’s innocence or guilt.
Those prosecuted will then either be offered the opportunity to settle the case by accepting a predetermined sanction, or the matter could be referred straight to the CFCB’s five-strong adjudicatory chamber.
Uefa introduced the ‘settlement’ option into its FFP regulations in an effort to avoid lengthy disciplinary hearings and the clubs involved will have 10 days to respond to the investigatory chamber’s approach.
If they reject settlement, the adjudicatory chamber will determine their case, which could result in a more severe, as well as more lenient, sanction.
Clubs guilty of FFP breaches will not be named and shamed until around May 5, after which there is a further right of appeal to the Court of Arbitration for Sport.
PSG are understood to have threatened already that they will fight any attempt to punish them.
Also woven into FFP rules is the opportunity for rival clubs directly affected by any sanction to contest it on the basis it is too lenient.
Were City found guilty and still allowed to enter next season’s Champions League, Everton or Arsenal could challenge their punishment.
Uefa revealed six weeks ago that it was investigating 76 teams involved in its club competitions this season for possible FFP breaches, with more than 50 subsequently cleared.
It said in a statement on Monday: “Uefa will only communicate once decisions have been taken by the CFCB investigatory chamber, which we anticipate will happen at the beginning of May.”
 
They need to hit them with a transfer embargo like the one barca just got, as they're obviously not going to ban them, and a financial penalty defeats the object.
 
do we actually meet these ? i thought i saw something a while ago that we didn't .
 
We have another year to comply since we are not in Europe at the moment.

According to this the fine may only be 100,000 euro anyway.

Manchester City and Paris Saint-Germain face financial fair play fate

• Uefa's FFP investigation covers 76 European clubs
• PSG thought to be at most risk of being sanctioned
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Paris Saint-Germain president Nasser al-Khelaifi has insisted they have not broken any of Uefa's Financial Fair Play rules. Photograph: David Levene
Manchester City and Paris Saint-Germain are among the European clubs who will learn this week whether they are deemed to be in serious breach of Uefa's financial fair play rules.
The Club Financial Control Body's (CFCB) investigatory chamber, headed by the former Belgium prime minister Jean-Luc Dehaene, is to meet on Tuesday and Wednesday to consider the cases of 76 clubs. Those considered to have committed serious breaches of Uefa's break-even rules will be referred to the CFCB's adjudicatory panel for a final verdict, with Uefa to announce details of all sanctions around 5 May. The sanctions could include being barred from European competition.
Manchester City, who have lost £149m in the past two seasons, and PSG are both understood to be among the 76 clubs under investigation. The CFCB panel will have four options open to them: to dismiss the case; to agree a settlement with the club effectively putting them on probation; to issue a reprimand and fine of up to €100,000; or in serious cases to refer the club to the adjudicatory chamber. The clubs should therefore know their position, and how much they have to fear, by the end of the week.
PSG are believed to be most at risk – the Qatari-owned club effectively wiped out its annual losses of €130m by announcing a back-dated sponsorship deal with the Qatar Tourism Authority. As it is a deal with a related party, however, the French club will have to convince Uefa the deal is a fair market value.
The French newspaper L'Equipe reported last month that Uefa officials found the Paris club's officials "a bit haughty" in the discussions over FFP, but that Manchester City had been more convincing. The PSG president Nasser al-Khelaifi insisted in January the sponsorship deal was not creative accounting.
He said: "Our contract with Qatar Tourism Authority is not some accounting trick. It's the same contract we have with Emirates. There's no reason for Uefa to disagree. Everything is legal. Our lawyers are very competent."
Clubs can lose up to €45m (£37m) over the last two years under Uefa's rules. City made losses of £97.9m in 2012 and £51.6m last year, but can write off sums spent on facilities, youth development and a number of other items.
Other top English clubs have little to fear, with the likes of Arsenal and Manchester United being in the black in both years. Chelsea made a £49.4m loss last year but made a £1.4million profit in 2012 so will comply. Liverpool and other clubs such as Monaco, who are not playing in Europe this season, will not have to pass the FFP rules until next autumn, with any sanctions applicable in 2015.
Liverpool last month announced losses of £49.8m up to the end of May 2013, and a further £40.5m over the previous 10 months. Uefa confirmed it would announce any decisions at the start of next month.
A statement said: "Uefa does not provide any details about clubs' ongoing investigations as part of the monitoring process, nor will it comment on correspondence between the CFCB and clubs. Uefa will only communicate once decisions have been taken by the CFCB investigatory chamber, which we anticipate will happen at the beginning of May."
Clubs can appeal against any decision to the court of arbitration for sport.

http://www.theguardian.com/football...r-city-psg-ffp-uefa-set-learn-fate?CMP=twt_gu
 
A transfer embargo for two summer windows would be ace. Their existing big name players would be wondering if it meant they could push for new deals or scupper moves away, as well as wondering how they'd do next season with no reinforcements.

It could just distract them enough to give opponents a tiny advantage.
 
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A transfer embargo for two summer windows would be ace. Their existing big name players would be wondering if it meant they could push for new deals or scupper moves away, as well as wondering how they'd do next season with no reinforcements.

It could just distract them enough to give opponents a tiny advantage.

Wonder if players would then take UEFA to court? It's none of UEFA's business if I were a player that wanted to quit my workplace and go elsewhere.
Could imagine those clubs encouraging certain players to do that.
 
Unless the court then rules that those players can go off to other clubs on a free with a bit of compensation money going the other way.
Now that would be funny.
 
Wonder if players would then take UEFA to court? It's none of UEFA's business if I were a player that wanted to quit my workplace and go elsewhere.
Could imagine those clubs encouraging certain players to do that.


I assume it would mean players could leave, just not come in. Not sure on that though.
 
if the punishment is only a financial fine then what is the point, this is just wasting everyone's time . It's all bullshit, they'll never ban them as it means weakening their flagship product . They need these teams with their big name players in it .
 
I thought the Barca ruling was that there couldn't be any outgoing transfers? Not sure either.


surely that would be illegal , the EU lads would have a field day with a ban on employee movement and forcing them to stay somewhere they don't want.
 
There's a City fan on reddit who thinks City won't get punished and are actually operating within the rules of FFP:

"City have done exactly what they planned to do all along. City will initially "fail" FFP. Then they will use the June '10 wage exclusions amongst others to "pass" FFP. Nobody should be surprised about this, it's what they planned to do. You cannot use that wage exclusion or some other exclusions unless you initially "fail" FFP.
Unfortunately this means that the papers get to write the "CITY FAIL FFP" headline they've been creaming themselves over for 4 years.
We will technically fail when they do their initial calculations. Then use UEFA's exclusions to pass with no sanctions."


"When UEFA were formulating the FFP rules initially, they decided that it would be unfair if they just dropped it on the Clubs and that they had to give them some notice to get their houses in order.
This of course meant that they were given a couple of seasons after the rules were announced before their accounts started to count and be looked at by UEFA.
Somebody at UEFA raised the possibility of Clubs potentially failing as they couldn't move players on big contracts out the door quick enough.
Thus a rule was made in the FFP regulations that state that if you fail the simple calculation (having more than 45m losses over the first two years that are covered by your owner), and only if your losses were reducing year on year, then they would discount all wages on contracts signed before June 2010 and recalculate.
This is an important rule for Manchester City as their wage bill is seen as the primary reason for their failure, and using this exclusions they should be able to exclude somewhere in the region of £50m of spending which along with other exclusions such as infrastructure spending (people forget in this time that we've built a whole new training ground, a whole new Academy and a whole new stadium).
However, as mentioned it is necessary to fail the initial calculation before you get to use this wage exclusion"
 
Wonder if players would then take UEFA to court? It's none of UEFA's business if I were a player that wanted to quit my workplace and go elsewhere.

Could imagine those clubs encouraging certain players to do that.

In theory yes. In reality after the Bosman case I'm sure FIFA got in some high class lawyers to insert specific clauses into player contracts. Aren't all player contracts supposed to adhere to their standard format? You can guarantee that something in there renders all players as FIFA's legal bitch.
 
That City fan is conveniently forgetting the supposed fair market value for sponsorship income. E.g. The dodgy £350m sponsorship from the owners brothers company. That could impact them as well
 
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