My Blue Nose friend at work sent me a nice email from the Daily Mail...
Mascherano deal under spotlight as clubs accuse Premier League of cover-up
EXCLUSIVE INVESTIGATION By MATT LAWTON - More by this author »
The Premier League were facing a revolt among their own members last night
amid growing suspicion that West Ham and Portsmouth have fielded ineligible
players this season.
Prompted by a private Premier League document obtained by Sportsmail, Wigan
and a number of other top flight clubs are now questioning whether the
appearances of Javier Mascherano and Carlos Tevez, for West Ham, and Manuel
Fernandes, for Portsmouth, were in breach of Premier League rules.
Breaking Rule U18 can result in a points reduction because the League will
not allow England’s top-flight clubs to sign players who are owned by a
"third party" who would have the "ability materially to influence its
policies or the performance of its teams".
While Kia Joorabchian has a 50 per cent stake in Mascherano and Tevez,
Fernandes is owned 50-50 by Benfica and a private company called the Global
Sports Agency. There could be significant ramifications.
Clubs currently fighting alongside West Ham to avoid relegation are prepared
to launch legal challenges if they believe they have been unfairly
disadvantaged, while at the top end, it could damage Pompey’s European
chances.
Complications have arisen now Mascherano is trying to complete a move to
Liverpool and Fernandes has gone on "loan" to Everton.
When Everton first attempted to secure the services of Fernandes, they
informed the Premier League of their wish to sign the player on loan until
the end of the season with a view to a permanent deal.
The Premier League refused to authorise the deal because of Everton’s desire
to make it permanent, which came as a surprise to the Merseyside club when
it was their understanding that the deal between Fernandes and Portsmouth
was similar.
There was a clause in the contract, Sportsmail understands, that stated that
Portsmouth would have to sign Fernandes on a permanent deal if he made three
successive first-team appearances.
Everton told the Premier League they would simply demand the points from
their game with Portsmouth â€" a match in which Fernandes played.
The Premier League responded by asking Everton to re-submit their forms,
stating a desire to take Fernandes only on loan even though they were aware
of the club’s ambition to sign Fernandes permanently.
A Premier League meeting last night failed to reach a conclusion in relation
to Mascherano. Another meeting will take place today, but even then
Liverpool could be left sweating on whether he will be able to move.
The delay has been caused by a failure to provide the right paperwork and
there has been real drama behind the scenes to try to ensure that the deal
goes through.
The Premier League insisted that they were not aware of a breach of their
rules. "With what has been presented to us we haven’t allowed anything that
would transgress our rules," said a spokesman.
And they said the documents presented by Portsmouth and West Ham last summer
satisfied their rules. What was less clear, however, was when the Premier
League received all the necessary documentation.
Sportsmail has been told that West Ham received a letter from the Premier
League warning them they could risk a points deduction if they failed to
provide documentation.
Aware the situation was in danger of escalating, the Premier League moved
this week to privately contact the 20 top-flight chairmen.
The document, from Premier League general secretary Mike Foster, appears to
offer an amnesty to clubs that may have broken the rules.
It reminds clubs of Rule U18 which states: "No Club shall enter into a
contract which enables any other party to that contract to acquire the
ability materially to influence its policies or the performance of its
teams."
Such contracts include those which allow the third party to control or
influence the employment relationship between club and player, or give the
third party the right to request or require a transfer of the player, a
right to a share of the financial or economic rights.
But the Premier League then adopts a non-confrontational tone by simply
"giving clubs the opportunity" within 14 days of producing details of any
such contracts that were not disclosed when players were registered.
Foster’s letter ends: "Once we have your responses, the board will consider
relevant disclosures and then decide on appropriate action, if any."
The letter, however, has succeeded only in fuelling the suspicion among
clubs fighting alongside West Ham to avoid relegation that a breach has
already occurred.
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What an Interesting situation that could be arising here....
