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Old 14-07-07, 05:51 PM   #1
AFII
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Very good article about the Mascherano and Tevez deals

What does the Tevez affair teach us?


The Carlos Tevez affair should form more than a footnote in English football history.

It may well prove that his move becomes the modern form of transfers, if so we better learn how such deals work and what they mean.

What is important to realise is that back in August when Argentine Tevez and his compatriot Javier Mascherano suddenly arrived at Upton Park this was not just an unusual transfer, it was extraordinary.

The really important thing was that behind the transfer was a wider power play, the bid to take over West Ham.

Indeed one City expert described it to me as a poison-pill strategy on behalf of Kia Joorabchian who runs MSI, the company that owns the economic rights to the two players.

In other words, bringing the two players was only the first step. The next step was that Joorabchian’s allies would try to buy West Ham, with the presence of the players acting as a poison pill preventing any other takeover.

But for various reasons that strategy did not work. It was not Joorabchian’s Israeli ally who succeeded in buying West Ham but a consortium from Iceland. And the presence of the two players did not act as a deterrent.

Indeed the two players often did not get into the team and in the early months of the season the most notable incident concerning them was the scene at White Hart Lane of Jermain Defoe trying to bite Mascherano’s arm after a tussle between the two in a Tottenham versus West Ham match.

That may well have remained the most memorable moment had not West Ham’s new manager Alan Curbishley decided that he did not want Mascherano and Liverpool moved in to loan him from MSI.

The initial problem was whether a loan player could play for a third club in one season (Mascherano having also previously played in South America).

While that was resolved with the help of Maurice Watkins, the Manchester United director who is also a great legal expert, the third party agreement that West Ham had made with MSI and which, under legal advice, the previous board had not disclosed to the Premier League, emerged.

Liverpool were allowed to sign Mascherano. The Premier League had no problems with that because they said he was a free agent as West Ham had given up his registration.

They were happy the agreement Liverpool made with MSI did not violate any League rules. The cynics might say the real reason was that Liverpool paid MSI rather more than West Ham - around £1.5m a year as opposed to £300,00 - to loan the player.

It was the Premier League’s next step, its decision to charge West Ham under Rule U 18, that has created the saga that threatens to run well into next season.

Most football experts I have spoken to tell me it is an obscure rule.

When it was initially designed by the former chief executive of the Premier League Peter Leaver, it was not even meant to cover player transfers.

It had come in to deal with companies like Enic owning more than one club and the problems this would cause should the clubs meet in the same competition.

Of course, historically Liverpool and Everton were both owned by the Moores of Littlewoods fame but those were different times when, so we are told by our elders, gentleman ruled the game, money and lawyers had not moved into football and nobody felt the Moores would do anything that was not proper and gentlemanly.

Indeed, Rule 18 is so obscure that you have to search the Premier League rule book to find it. It comes in the section where there is also rule specifying that an advertisement for the Football Foundation must be in a club's matchday programme.

The legal advice of many was that West Ham should be able to drive a coach and horses through Rule U 18 - but when it came to the hearing they pleaded guilty.

It has never been disclosed why they decided not to challenge this obscure rule, but then they probably got the result they wanted: a fine, a huge one but no deduction in points.

Also, by saying that the third party agreement with MSI was probably legally unenforceable and insisting they had torn it up the Hammers made sure Tevez was allowed to play and help them escape relegation. Instead Sheffield United went down.

All this would not have mattered had it happened before the mid-1990s, a time when clubs would moan but not head for the nearest lawyers.

Sheffield United, part of a plc that chairman Kevin McCabe insists has to protect itself, felt it had to explore every legal loophole. Nobody can blame them for that. That is the modern game and how diligently they have done so, ending with Friday’s defeat at the High Court.

Even now, although McCabe concedes that he has little chance of getting back into the Premiership, he has not given up the fight. He is considering various options and still hopes to be proved right and get compensation.

This Sheffield persistence has meant that what the Premier League hoped for has not happened.

The Premier League thought that once the season had ended the whole thing would blow over. Two months after the last game, and that amazing West Ham victory over Manchester United via a Tevez goal, the dispute lingers on.

Had Sheffield not persisted I suspect the transfer of Tevez to Manchester United would have taken place by now.

It might have raised a few eyebrows but everyone would have recognised that since West Ham did not pay for the player but merely loaned him, he now had the right to depart for whatever fee his handlers were getting and whatever salary United were prepared to pay him.

Indeed as one source told me, “It is like hiring a lawn mower. You use it to cut the grass and then refuse to return it.”.

Indeed, after the end of the season this must have been clear to West Ham, who offered Tevez better terms which he rejected. He has since followed this up by telling the Premier League that he no longer wants to be a West Ham player.

The Premier League is a regulatory body but with Sheffield throwing lawyers at the situation the Premier League has assumed a new role of deciding what a transfer fee is and who gets it.

They made it clear to West Ham that if they did not assert their rights to the player they could face another disciplinary hearing, which could reopen the horrible prospect of points deduction.

How will this resolve itself? I suspect Tevez will fly from South America to Manchester and soon become a United player.

West Ham might get some money, although I doubt it will be much. Sheffield will wait to see how the Tevez situation unfolds and then try to get financial compensation.

Meanwhile, I doubt a proper rule which looks at player ownership and properly defines third-party ownership, now so common in South America and on the continent, will come into being.

And without such a rule more such Tevez affairs are likely.

http://www.bbc.co.uk/blogs/thereport...ffair_tea.html
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Old 14-07-07, 06:04 PM   #2
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the whole thing stinks and the mancs with maurice watkins are right in the middle of it. funny how the game is trying to clean up its image of filthy agents and yet cocksuckers like this kia greedybastard are allowed to exist.
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Old 14-07-07, 06:48 PM   #3
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Im bored with the whole thing.
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Old 14-07-07, 06:57 PM   #4
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Quite interesting,but as marky19 says,a bit boring now.

He ain't all that!
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Old 14-07-07, 07:22 PM   #5
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Im bored with the whole thing.

Agree, i was angry when i heard he was off to the mancs initially but fcuk the lot of em now - they can have him!
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Old 14-07-07, 07:43 PM   #6
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the whole thing stinks and the mancs with maurice watkins are right in the middle of it. funny how the game is trying to clean up its image of filthy agents and yet cocksuckers like this kia greedybastard are allowed to exist.
In fairness, doesn't the article claim Maurice Watkins was involved in unravelling the legal spaghetti enabling us to register Mascherano?
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Old 14-07-07, 09:28 PM   #7
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Let's all not kid ourselves shall we. We would have loved Tevez here next season, a Torres or Tevez poll would have made interesting reading. Tevez, Rooney, Ronaldo is a formidable trio, if you can't appreciate that you are not a football fan.
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Old 14-07-07, 10:18 PM   #8
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We missed out big time here, hopefully it might fuck em up with too many similar player but i think its gonna be a belting season, it could be a genuine 3 horse race this year.
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Old 14-07-07, 11:49 PM   #9
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The latest rumour doing the rounds is that the Tevez transfer to SCUM was agreed back in May and the SCUM had an agreement with West Ham to throw their final match in return for Tevez. As SCUM had already won the title a week early, and West Ham had to win to survive, there could be some substance to this rumour.

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Old 14-07-07, 11:53 PM   #10
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The latest rumour doing the rounds is that the Tevez transfer to SCUM was agreed back in May and the SCUM had an agreement with West Ham to throw their final match in return for Tevez. As SCUM had already won the title a week early, and West Ham had to win to survive, there could be some substance to this rumour.



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Old 15-07-07, 12:24 AM   #11
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I love that site, some of the rumours on there are pure class. Look at this one:

Quote:
I went to youtube to watch all the new Liverpool signings video footage. All I could say is that they are simply fantastic. Rafa Benetez has really done a very good job. Fernando Torres, Andriy Voronin, Ryan Babel, Yossi Benayoun, Lucas Leiva, Sebastian Leto and the list goes on. They are all class acts. Cannot wait for the new season to begin. Really hope that Liverpool can give the rest of the top 4 a fight for their money and bring the Premier League back to Anfield. Hey kopites out there, go take a look at youtube and you will know what I mean.
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Old 15-07-07, 02:07 AM   #12
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Originally Posted by Red Chilli View Post
The latest rumour doing the rounds is that the Tevez transfer to SCUM was agreed back in May and the SCUM had an agreement with West Ham to throw their final match in return for Tevez. As SCUM had already won the title a week early, and West Ham had to win to survive, there could be some substance to this rumour.




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Old 15-07-07, 02:10 AM   #13
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Originally Posted by Red Chilli View Post
The latest rumour doing the rounds is that the Tevez transfer to SCUM was agreed back in May and the SCUM had an agreement with West Ham to throw their final match in return for Tevez. As SCUM had already won the title a week early, and West Ham had to win to survive, there could be some substance to this rumour.

The only, yet enormous, flaw to that argument is that if West Ham got relegated they would not be able to afford his wages and he'd have been sold on May 26th....
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Old 15-07-07, 02:12 AM   #14
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The only, yet enormous, flaw to that argument is that if West Ham got relegated they would not be able to afford his wages and he'd have been sold on May 26th....
Scepticism is sensible, although they could easily afford his wages.
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Old 15-07-07, 11:45 AM   #15
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Tevez would clearly not have played in the Championship. If they had sent West Ham down it would have been far more beneficial. As it happens, they are going to get him regardless, all irrelevant really.
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Old 16-07-07, 07:19 AM   #16
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until fifa actually outlaw individuals owning players, which quite frankly is like slavery (although not exactly bad paid in this case) situations will still exist. I doubt Fifa will do anything anyway. They have shown themselves to be ridiculously useless.

Its amazing how much we complain about our game, yet it is so clean. diving is minimal, match day violence is minimal, racism is low, attendances are high, managers are given trust, clubs own the players (no shared players), no bribes and good football. As much as we claim about our FA, they haven't done a bad job really have they?
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Old 16-07-07, 07:28 AM   #17
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until fifa actually outlaw individuals owning players, which quite frankly is like slavery (although not exactly bad paid in this case) situations will still exist. I doubt Fifa will do anything anyway. They have shown themselves to be ridiculously useless.

Its amazing how much we complain about our game, yet it is so clean. diving is minimal, match day violence is minimal, racism is low, attendances are high, managers are given trust, clubs own the players (no shared players), no bribes and good football. As much as we claim about our FA, they haven't done a bad job really have they?
Well they stiched up the relegation places last season. They paid Sven a hundred billion a year instead of sacking him. There have been bribes, ask the Bitters. And most of the things you list aren't due to the FA at all. Apart from that, i agree.
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Old 16-07-07, 01:02 PM   #18
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bribes, everton how? obviously not enough...

sven, who else is there? manclaren?
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Old 16-07-07, 02:24 PM   #19
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bribes, everton how? obviously not enough...
Hans Segers kept them up by deliberately letting one in.

Oh, and Everton also got a pen from a blatant dive by Limpar. Two pieces of evidence in one match.

Last edited by Kenneth; 16-07-07 at 02:27 PM.
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Old 16-07-07, 03:57 PM   #20
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You only need to look at Smiling Mike and his games at Old Trafford and our game against Chelsea at Anfield with the clear handball incident that he admitted that he saw but gave advantage to us at the corner flag to understand that there is refs out there that you can buy.
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