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FFP ... Take the pain?

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posted on 18/7/20

The potential problem with that would be that other clubs might object that a nominal points deduction this season doesn't constitute punishment at all. This has only come about in the first place because Steve Gibson threatened to sue the EFL. The EFL is in a cleft stick because it faces action from Derby on the one hand and clubs like Boro on the other. It's hard to see where there might be a middle ground that all parties would be content with. Potentially it can all get very messy with both Derby and Sheffield Wednesday. If Wednesday were docked points that might relegate them they would appeal or take it to a "proper" court. This would all take a lot of time and we would be into next season. As Man City have shown, what sporting organisations have in their regulations might not stand up to legal scrutiny.

One thing for sure, it's a mess.

comment by Peeder (U1684)

posted on 18/7/20

Vidal... looking at the Wigan situation as well, they are due a 12 point deduction.
It hasn't been applied yet, due to legal wrangling. And, if applied now, would not have any impact on their status due to their excellent recent form.
But I'd wager that if they had been deducted "up front" the mindset of the Wigan players would have been different as they played catch up not "lets get a safety cushion" just in case.
The technical punishment is the same, the timing and impact can be hugely different and that is where the system fails.

posted on 18/7/20

Possibilities:

Derby exonerated. All OK unless other club(s) consider this to be unfair and sue the EFL.

Derby get nominal points deduction this season. Derby probably accept this, still a possibility of other club(s) threatening to sue if they consider it to be too lenient.

Derby get large deduction causing relegation. Derby certainly sue, protracted legal wrangling which messes up next season.

Derby get points deduction at start of next season. Derby probably appeal or sue, protracted wrangling messing up next season.

Realistically, although the owners of Barnsley and Boro are mouthing off, it is likely to be all bluster. In the current climate they surely wouldn't want to start a process that might cost their clubs millions in legal fees and which, even if they won, wouldn't significantly affect their own clubs. A rap on the knuckles is the probable outcome. Honour is satisfied, Derby are brought into line and a warning shot is fired across the bows for other clubs that they need to toe the line.

comment by Peeder (U1684)

posted on 18/7/20

Sounds very sensible Vidal


So, no chance of it happening 😕

posted on 18/7/20

If we get punished this season when it has no meaning to us and Wigan get punished next season when it has meaning to them then Wigan will sue for sure, which raises the possibility of the punishment being applied half way through next season instead, at which point we will almost certainly sue over it messing up next season.

the EFL could drop it, but then you'd see others suing, especially if they go down this season and feel that we cheated the system.

the best thing the EFL could do is clear us, and make it clear what we did right that others did wrong, or admit their own wrongdoing at telling us our actions were within the rules,. but I don't think it's that simple especially as they don't believe we are innocent, or admitting their own guilt would land them in hot water.

posted on 18/7/20

the most likely outcome I feel is that we start next season on either -15 or -30 points, depending on if we're charged with both offenses (stadium sale, and player valuation in books) which no doubt each carry a punishment.

the other possibility is the punishment gets spread out over multiple seasons.

comment by Jorvik (U1369)

posted on 18/7/20

They are going to try & screw us, so they will give us deduction for next season IF we are found guilty...

posted on 18/7/20

The EFL does not want to get involved in a drawn-out legal process that could cost it a lot of money and messes up its league. I don't think we need to get paranoid and assume that they want to screw us over. They have largely been forced into charging us by the threat of Steve Gibson to sue them. I expect they want a speedy conclusion if at all possible. A large points deduction for either Derby or Wednesday will certainly not achieve that aim. With all of the financial difficulties facing the game and the problems of getting fans back into stadiums and trying to stop clubs going bust, the last thing they want is something else to add into the mix. If at all possible they would want an agreed solution that can allow next season to start with a clean slate.

posted on 18/7/20

I don't know, I've heard others saying that the EFL now want to look retrospectively at our accounts, and work out how many seasons we would have fallen foul of FPP with the accounting practices used.

I'm not ruling out them kicking us out of the league and telling us to start at the bottom of the pyramid.

posted on 18/7/20



As we know, the EFL have known about Derby's accounting practices and have accepted and approved them. If any punishment is attempted that is not acceptable to Mel Morris then he will pursue this through the courts and the EFL would have no leg to stand on.

posted on 18/7/20

so what happens if they don't give us a place in the league? it'll be a drawn out process either way, we can't just ignore the EFL and play games anyway.

they would not have brought this case against us in the first place if they felt they stood a chance of losing it.

posted on 18/7/20

9earchange, I think you are clinging on to your belief expressed in December that you would be "amazed" if Derby did not go down this season. That was when you also said that Rooney would make no difference and that Cocu should be sacked as nobody could respect him after he brought shame onto the entire club.

posted on 18/7/20

I can make mistakes.

I'm surprised by Rooney being effective, although his limits has also become obvious in some games.

Cocu has redeemed himself somewhat with his team selections, although I still feel he should have been sacked over his handling of the former incident.

I didn't expect Keogh being out of the picture to have such a positive effect on the team, but it has, we've gone from looking like a team that wants to throw games away to maintain status quo to a team that wants a chance in the premiership but just don't quite have the quality. If Wisdom hadn't been stabbed I think we'd be in a playoff place right now. Maybe what Tom did was a blessing in disguise, but he still shouldn't be here.

I can only repeat what I've heard on the financial situation tho, and it is a worry, the EFL want to make an example out of us and hold all the cards.

posted on 18/7/20

I don't agree that they hold all of the cards. With the Man City situation we saw them make mincemeat of UEFA's attempt to impose its punishment for what it had said were "serious breaches of FFP". This decision was seen as a serious blow for the whole concept of FFP and has set a precedent for clubs taking the legal route to overturn judgments that do not have legal validity. The EFL will have taken note of this and will certainly have no desire to see itself dragged into a court.

comment by Strett (U1462)

posted on 20/7/20

Hasn’t the timing for deduction of points been sorted since Leicester cheated?
If it is no effective punishment in the current season (out of playoffs, relegation) then it is applied the next season?

posted on 20/7/20

From what I read with the Wigan situation, the points deduction will apply this season unless they finish in the bottom three, in which case it will be applied next season.

posted on 20/7/20

if we're deducted 15 points now, we would be in the drop zone, the teams down there have been fighting for their lives, and our form took a sharp turn south.

comment by Rameses (U7190)

posted on 20/7/20

Should Wigan finish within 12 points of the drop zone then their deduction will be applied this season with the goal being to relegate them.
If they finish more than 12 point clear of the drop zone it will be applied next season.

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