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American firm 777 Partners are highly unlikely to be deterred from the potential purchase of Everton, regardless of what verdict arrives from the independent commission.
The Toffees face an anxious wait to find out what, if any, punishment would be handed down if found guilty of allegations of breaching Premier League profit and sustainability regulations, with the League having brought charges against the club for one alleged breach back in March.
The matter has been heard by an independent commission in London this week, with the ultimate decision to be made by the King’s Counsel presiding over the case.
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On Wednesday it was claimed in a report by the Telegraph that the Premier League were pushing the independent commission to impose a severe competitive penalty of up to a 12-point deduction should Everton be found guilty. However, any punishment in the event of Everton being found to be in breach isn’t within the purview of the Premier League, it will be down to the KC to determine the severity.
There is no real precedent for such a case, either. Everton’s one charge for an alleged breach runs at the same time that serial Premier League champions face 115 charges for a variety of alleged breaches, with that case set to run into years given the amount of evidence needed to be pored over, meaning that it will take some time for it to appear before an independent commission.
The closest precedent that may have been set is likely the 2007 case that focused on then West Ham United players Carlos Tevez and Javier Mascherano, who both played a pivotal role in the Hammers staving off relegation from the Premier League. The issue there was centred on third party ownership of the two players, a breach of League rules, with the Hammers fined £5.5m after being found guilty of the ‘serious’ breaches.
A 12-point deduction is seen as an extreme, and unlikely, punishment should Everton, a club already in financial distress, be found guilty. The Toffees have maintained their stance that they believe they have operated within the regulations, even working alongside the Premier League for a significant amount of time to manage their financial situation. The club have vowed to ‘robustly’ defend their position.
At the same time the independent commission was sitting in London, Everton’s prospective new owners, Miami-based investment firm 777 Partners, continued to go through the process of obtaining regulatory approval from the Premier League, Football Association and Financial Conduct Authority, a process that could take another six weeks and requires 777 to provide proof of funds, a workable business plan and for them to pass a number of tests to determine their suitability to be owners of the club.
In September, 777 Partners agreed a deal to acquire the 94.1% shareholding of current owner Farhad Moshiri in Everton, with a commitment made to also fund the remainder of the stadium build at Bramley-Moore Dock. 777 Partners have already provided loans to aid short-term cash flow at the club, to the tune of as much as £65m according to Sky Sports.
The findings of the independent commission and any possible punishment isn’t something that 777 Partners haven’t prepared for, with sources telling the ECHO that all possible permutations, including fines and potential points deductions, were declared during the period of due diligence and have been ‘priced in’ to deal to acquire the club. The price that is eventually paid by 777 Partners, if they are successful in acquiring the club, could change depending on a severe points deduction that ultimately makes relegation to the Championship a very real prospect, impacting the value of the business, is understood to have the potential to change depending on the circumstances.
Given the lack of a previous case of a similar nature, quite what the outcome will be can’t be second guessed, but it also can’t be directed by the Premier League, who brought the charges. The independent commission is, as its name suggests, independent. But whatever the outcome, sources maintain that it is unlikely to ‘deter’ 777 Partners from pushing ahead with their plans to acquire the football club.
The independent commission hearing, and claims of extreme punishment for the club, have arrived at a time when the football club is in mourning following the sad death of its chairman, Bill Kenwright.
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