The Rules in Question

[Teofilo-Stevenson]

Premier League Handbook: Rules

Section K

Approaches to Players

3. Any Club which by itself, by any of its Officials, by any of its Players, by its Agent, by any other Person on its behalf or by any other means whatsoever makes an approach either directly or indirectly to a Contract Player except as permitted by either Rule K.1.2 (with the prior written consent of the Club) or Rule K.2 ('out of contract' player) shall be in breach of these Rules and may be dealt with under the provisions of Section R.

Public Statements

8. A statement made publicly by or on behalf of a Club expressing interest in acquiring the registration of a Contract Player or by a Contract Player expressing interest in transferring his registration to another Club (or club) shall in either case be treated as an indirect approach for the purposes of Rules K.3 and K.6.
_____________________________________________________

Rule three forbids a club making a direct or indirect approach for a player (or through their agent) unless...

1. they have the prior written consent of the 'selling club'

2. the player is free to negotiate as he is out of contract or a free agent on a Bosman

We did not permit ManU or Liverpool to approach (or indirectly pursue) Berba or Keane & neither is a free agent.

Rule 8 is there specifically to prevent the indirect approach of a contacted player using the media as a third party. Unless the proposed buying club has had the written consent of the seller to approach the player; they cannot publically express a desire to buy the player. Rule 8 is there to stop clubs being able to destabilise a player through the press when the selling club doesn't wish to to business.

Both Fergie & Rafa's statements to the press contravene rule K8 and therefore constitute indirect approaches for contracted players - as prohibited in rule K3. Levy is a shrewd operator and has both Fergie and Rafa banged to rights on this one - and claims to have the evidence to prove it to any enquiry!

The downside here is that Section R - that deals with punishments for rule-breaking allows a huge leeway. The FA can issue a fixed penalty, a fine, order a commission (who have stronger punative powers), a panel of inquiry (with lesser powers) or come up with an ad-hoc ruling.

Both ManU and Liverpool will appeal any decision - and if the Tevez saga is anything to go by, will get off very lightly. I can't see the FA taking a stand and docking points, enforcing a transfer embago or anything else that will actually hurt either offending club. The FA will cop out and issue a warning or at worst a small personal fine to Fergie and Rafa.

 

[joey55]

The FA will do nothing. If Utd did tap Berba up and we have proof of it, then why did we wait until today to make the complaint? If we had hard evidence of tapping up, then surely Fergie's comments today, wouldn't have been that big a deal. The FA are never going to do anything about managers mentioning the names of players when quized by journalists. Even since this whole shit storm broke, Harry Redkanpp has spoken of his interest in Kaboul. Lat week he was speking about SWP. We spoke of our interest in Downing, to which, Boro responded via their website, as we have.

Levy's got Fergie and Benitez banged to rights, but he also knows nothing will done about it.

 

[Teofilo-Stevenson]

I agree that the FA will do very little by way of punishment.

But thats not the point of the statement - its a pre-emptive strike by the club to reduce backlash against the club when Keane and Berba go. Basically a formality to let the fanbase know the players are not being sold willingly and the club's hand has been forced.

I think we will struggle to replace Keane and Berba with players of similar calibre - we have the cash but don't have the CL footy that the top players demand!

Levy wants fans to know the club's hand was forced - that we didn't down-grade our strikers to make a quick buck! Thats the real reason behind the big public annoucement.

 

[joey55]

I agree that the FA will do very little by way of punishment.

But thats not the point of the statement - its a pre-emptive strike by the club to reduce backlash against the club when Keane and Berba go. Basically a formality to let the fanbase know the players are not being sold willingly and the club's hand has been forced.

I think we will struggle to replace Keane and Berba with players of similar calibre - we have the cash but don't have the CL footy that the top players demand!

Levy wants fans to know the club's hand was forced - that we didn't down-grade our strikers to make a quick buck! Thats the real reason behind the big public annoucement.

That's exactly what I think.

 

[Bingy]

All I care about now is how should I make my way out the back door at all championship grounds as I see THFC having to spend (deserving to spend) some rime among these teams....but that is par for a second rate outfit....Letting this happen has shown us up as, what the Scum have often accused us of, a second rate club who's ONLY purpose is to make the TOP 6 teams look good....and to increase their goal difference each year! I never thought that this could happen but it appears that I, along with the rest of the YID army, have been conned and made fools of. ANGRY words but TRUE words.
I can't see us replicating the Keane/Berbatov partnership (I hope dearly that we shall) and a forward line of A.N.Other and Bent will be a sad display of how far we have regressed in 12 sad months.
I hope that I am WRONG...but, like all Yid's, I am severely saddened by what I have read in the last few days. They said that it could not happen....but Ramos has managed to change that....by design OR by incompetence! Time will tell....and we can only hope that we are looking back at 20 or 21 other teams when we are planning our next pre season. Doubtful in the extreme! COYS!

 

[Flatters]

All I care about now is how should I make my way out the back door at all championship grounds as I see THFC having to spend (deserving to spend) some rime among these teams....but that is par for a second rate outfit....Letting this happen has shown us up as, what the Scum have often accused us of, a second rate club who's ONLY purpose is to make the TOP 6 teams look good....and to increase their goal difference each year! I never thought that this could happen but it appears that I, along with the rest of the YID army, have been conned and made fools of. ANGRY words but TRUE words.
I can't see us replicating the Keane/Berbatov partnership (I hope dearly that we shall) and a forward line of A.N.Other and Bent will be a sad display of how far we have regressed in 12 sad months.
I hope that I am WRONG...but, like all Yid's, I am severely saddened by what I have read in the last few days. They said that it could not happen....but Ramos has managed to change that....by design OR by incompetence! Time will tell....and we can only hope that we are looking back at 20 or 21 other teams when we are planning our next pre season. Doubtful in the extreme! COYS!

Did you even read Levy's statement? :-|

 

[joey55]

All I care about now is how should I make my way out the back door at all championship grounds as I see THFC having to spend (deserving to spend) some rime among these teams....but that is par for a second rate outfit....Letting this happen has shown us up as, what the Scum have often accused us of, a second rate club who's ONLY purpose is to make the TOP 6 teams look good....and to increase their goal difference each year! I never thought that this could happen but it appears that I, along with the rest of the YID army, have been conned and made fools of. ANGRY words but TRUE words.
I can't see us replicating the Keane/Berbatov partnership (I hope dearly that we shall) and a forward line of A.N.Other and Bent will be a sad display of how far we have regressed in 12 sad months.
I hope that I am WRONG...but, like all Yid's, I am severely saddened by what I have read in the last few days. They said that it could not happen....but Ramos has managed to change that....by design OR by incompetence! Time will tell....and we can only hope that we are looking back at 20 or 21 other teams when we are planning our next pre season. Doubtful in the extreme! COYS!

It's opionions like this that make it necessary for the club to release dramatic statements. What do you really expect them to do? The players want to leave and the money will probably be very good. Would you prefer half hearted players, who will drop dramatically in value over the coming year or two? I doubt Keane would moap, but in truth I suspect the club are happy to do the deal for the right money in his case, but Berba will not be the same player.

 

[Teofilo-Stevenson]

All I care about now is how should I make my way out the back door at all championship grounds as I see THFC having to spend (deserving to spend) some rime among these teams....but that is par for a second rate outfit....Letting this happen has shown us up as, what the Scum have often accused us of, a second rate club who's ONLY purpose is to make the TOP 6 teams look good....and to increase their goal difference each year! I never thought that this could happen but it appears that I, along with the rest of the YID army, have been conned and made fools of. ANGRY words but TRUE words.
I can't see us replicating the Keane/Berbatov partnership (I hope dearly that we shall) and a forward line of A.N.Other and Bent will be a sad display of how far we have regressed in 12 sad months.
I hope that I am WRONG...but, like all Yid's, I am severely saddened by what I have read in the last few days. They said that it could not happen....but Ramos has managed to change that....by design OR by incompetence! Time will tell....and we can only hope that we are looking back at 20 or 21 other teams when we are planning our next pre season. Doubtful in the extreme! COYS!

Its not the club's fault - once a player's head has been turned by a bigger club these is little point keeping a player who doesn't want to play for you.

Levy's point is, that according to the rules - if a club bids for a player you don't wish to sell and you refuse, that should be the end of it. They can come back with a better bid but according to the rules must not speak to the player, his agent or confirm the interest to the press.

In theory, the club wouldn't have have had to tell Keane or Berba anyone had even bid for them!

But now the players have been tapped up and want to leave - we either have to sell up or keep players that want to be elsewhere.

What Levy is saying is that the club 100% wanted to keep these players but the rules that are supposed to protect us from predatory buyers trying to unsettle players that aren't for sale were broken by both Fergie and Rafa. A statement to that effect would seem like Levy having a whinge to the press - this complaint, referring to a specific breach of the tapping up rules will create enough focus to show the fans Levy never wanted to sell up.

Somehow you seem to have missed the point entirely!