Three Shakes … and a Twist

Guest Post by James Forrest
Those who like to read the techno-thrillers of Tom Clancy will remember well the scene in The Sum of all Fears, when the nuclear bomb explodes in Denver, outside the stadium where the Super Bowl is being played. Clancy handles the moment in two very distinct chapters. The second is a vivid and frightening examination of the explosion’s terrible effects as they are felt, firstly in Denver and then experienced around the world.

Before that, he devotes an entire chapter to the mechanics of the explosion itself. Chapters like this are either what attract readers to Clancy in the first place or turn them off entirely. It is technical, it is complex, and the layman who reads it and fully understands it is indeed a massive geek. Of all the times he has loaded the reader with technical detail, this is probably when he risked most in terms of keeping you interested in the story. Yet it works. The chapter is not long, but nor is it short. And the events in it span not seconds but fractions of a second

It was in that chapter I first learned the term “shake”, so named for the old aphorism “a shake of a lamb’s tail”. A “shake” is a term used in nuclear physics. It represents ten nanoseconds. To grasp fully the size of that, consider that there are a billion nanoseconds in a second. The chemical process involved in a nuclear detonation involves a number of “shakes”, with a chain reaction usually completed in 50.

Clancy’s decision to devote an entire chapter of the book to a few nanoseconds came back to me over and over again during the weeks and months of the Rangers crisis. It became clear to me that, drawn out though the events following administration were, what we were seeing was not the effect of the explosion but the explosion itself. Those months were our nanoseconds. Every day, every revelation, every moment we thought was a separate event, was merely a peek inside the bomb case, at the chemical process of a chain reaction.

I would say the chain reaction was completed on the day HMRC announced they were refusing the CVA proposal. That was the detonation. It’s only now we’re witnessing the explosion, and its effects, and in my view we are still a long way from the end of that process. We have had the initial double flash thermal pulse and we’ve seen some EMP effects, but the real damage is still to come. The shock wave and the fireball have yet to spread, and their cumulative effects could yet annihilate Ibrox and extend as far as Hampden.

Am I making claims of “financial Armageddon”? No, I’m not. I never believed the collapse of Rangers would devastate Scottish football. I thought then, and now, that it was scaremongering nonsense to even suggest it. It didn’t matter to me whether the authorities were spreading those stories because of a deep-seated love of the Ibrox club, or because they had bonuses at stake, or out of their own internal, personal weaknesses. Those stories were inconsistent, based on worst case scenarios which were never likely to materialise, and insulting. The notion that the game in this country amounts to no more than one or two teams is offensive.

I love football. I always have. I’m a Celtic supporter, but my interests in the game extend far beyond my own club. At its best, football is a tremendous unifier of people, from those wonderful stories about Christmas Day in the trenches of World War I to the matches organised every year between Palestinian and Israeli children. The game has the potential for tremendous good. I am proud that my own club’s supporters have honoured the dead of Hillsborough and Ibrox. I am proud they unfurled a banner to the Benfica player Miklos Feher, and invaded Seville and showed that city how to party. I am proud of every moment when the supporters of a club applauded an injured player, or staged a silence to honour an official or competitor at another team. Although there are some who would use this sport in a divisive way, who would hijack it for their own ends, I believe this game can still be an inspiration, and find the best in all of us.

I think what happened during this summer, as the fans of every club in the land made their voices heard, was one of the greatest moments in Scottish football’s recent history. I believe it will have an impact far beyond one season. I think it was special.

My concern, as I’ve said, is that the appalling effects of the detonation at Ibrox are still to be fully realised. I am worried about the impact they could yet have on all of us.

Let me be quite specific about the two things that worry me most. They are to do with the decision to grant Sevco/Rangers a license to play in the Scottish Football League this year.

First, I believe the license was granted without sufficient guarantees being given by Charles Green and others that they would respect the decisions taken by the independent judiciary panel of the SPL in relation to EBTs, and secondly, I am concerned that not enough is known about Green and his financial backers, or plans for Rangers, for the authorities to be satisfied that the club is in good financial health. I don’t believe for one second anyone can allay my fears in these two areas. It is obvious to all that due diligence has not been done, and the entire situation at Rangers/Sevco is still shrouded in doubt, and that anything may yet happen.

The independent panel investigating dual contracts is going to have to make the most momentous decision in the history of the game in the UK. I do not believe what Rangers are accused of has any precedent. We are talking about a decade or more in which the results of every single match might be in doubt. Every single game. The rules were not written to envision such an appalling breach of faith. It would seem almost inevitable that stripping of titles will be the smallest of Charles Green and Ally McCoist’s concerns if this verdict goes against them.

Frankly, I don’t see an alternative to suspending Rangers membership of football in this country for at least two years, with points deductions and monetary fines to follow when the suspension period is done. This is not harsh; in fact it falls far short of the maximum penalty, which is expulsion from the game altogether, and as it is the authorities are going to have to do a damned good job of setting out the reasons why that ultimate sanction is not applied. It will not be enough to say it would damage the game in Scotland to wipe the club away. To allow a decade of malfeasance to pass without that ultimate sanction would create the perception that Rangers is above the law, and I cannot think of anything that would do the game more harm than for any club to be considered too big, or too important, to be subject to the regulations.

With their money on the table, I don’t see any way Charles Green and his cohorts will accept the judgement of the independent panel if it has an impact on their plans to recoup their investments. With the way he’s rallied the Rangers fans behind him recently, by essentially talking about a conspiracy against them, I don’t see how he convinces them to accept sanctions, even if he personally was inclined to do so. He has painted himself into a corner where now, if he wants his money at all, he has to fight, and keep on fighting. Without the written guarantee that the club would accept whatever the panel decides, without recourse to the law, I will be shocked if this matter doesn’t end up in the courts somewhere down the line, because I don’t think for one second he signed up to that particular demand.

I think the SFA backed down on this, the most fundamental matter of them all.

Which isn’t to say the due diligence matter isn’t worrying, because, of course, it is. Again, no-one is going to convince me that the SFA has conducted proper due diligence on Charles Green and his backers. No-one will convince me they are satisfied that this club is in safe hands, and that the game in this country will not be rocked by a further implosion at Ibrox. They failed to properly investigate Craig Whyte, because of lax regulations requiring disclosure from the club itself, regulations which are just a joke, but they can be forgiven for that as the press was talking sheer nonsense about him having billions at his disposal, and a lot of people (but not everyone!) were either convinced or wanted to be convinced by him.

To have witnessed what Whyte did, to have witnessed the Duff & Phelps “process” of finding a buyer, and having Green essentially emerge from nowhere, with a hundred unanswered questions as to his background and financing, for the SFA to have given this guy the go ahead, only for it to blow up in their faces later, would annihilate the credibility of the governing body and necessitate resignations at every level. There would be no hiding place.

At an early stage in the Rangers crisis, a couple of people told me they thought the club would not play football for at least a year. I told them of all the possible scenarios that was the most unlikely, because I honestly could see no way back for them once they had gone. There is no precedent I am aware of, anywhere, for a football club taking a “year out” only to return. Certainly, in the context of the Scottish game I didn’t see how it could be done without creating one almighty shambles, or by bending the rules until the elastic snapped.

Yet I’ve since become convinced that it was the correct course of action. The club calling itself Rangers FC is still in a state of flux. The issues still surrounding it are enormous and potentially devastating. There are any number of ways in which the entire edifice could utterly collapse. The liquidators and HMRC could yet challenge the takeover, or the coming share issue. Craig Whyte may yet emerge and take a claim to the courts. The share issue itself could be an utter failure, leaving the club unable to meet annual running costs. All of this, even without the vast effects of the EBT case, which has the potential to wash the whole club away.

Had Rangers been out of the game for a year, these issues could have been properly explored, dealt with and put behind them, and the game as whole.

Of course, it’s just possible that the worst is over. It’s possible that this particular nuclear detonation, like the one is The Sum of All Fears, is an enormous “fizzle”, that the appalling destruction unleashed will not be on the thermonuclear level which could obliterate our hopes of a fresh start, of forward motion for the whole game. It might be that everything at Ibrox is hunky-dory, that this, all I’ve written, is the product of a febrile imagination, on the same level as the financial Armageddon nonsense we spent the summer hearing about.

It may well be, but only if the people who’ve been right all along have suddenly gotten it wrong. The evidence all points to something big, and bad, coming this way.

The smart folks will be hunkering down in their shelters for a while yet.

James is a co-editor of the Famous Tartan Army Magazine, latest issue out 17th October (digital, and free), featuring women’s football

http://en.calameo.com/read/001382993b7dff7feed1b

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About Trisidium

Trisidium is a Dunblane businessman with a keen interest in Scottish Football. He is a Celtic fan, although the demands of modern-day parenting have seen him less at games and more as a taxi service for his kids.

2,174 thoughts on “Three Shakes … and a Twist


  1. Is Barcabhoy dropping hints or speculating?

    Barcabhoy ‏@Barcabhoy1
    #Rangersworldrecords greatest amount of tax unpaid by any club in the world

    Barcabhoy ‏@Barcabhoy1
    Rangers cheated for the same reason that dogs lick their balls… because they can. That’s the real shame for Peat, Ogilvie and Smith


  2. Agrajag says:
    Sunday, October 21, 2012 at 13:36

    angus1983 says:
    … then the guy would have to back out of one or the other.

    ====================================

    How does one “back out” of owning shares.
    ——

    Erm … let me think about that a minute.

    Oh, I know! One sells them. Or otherwise offloads them outwith one’s personal family circle.

    What is this? Pedantry corner?


  3. HirsutePursuit says:
    Sunday, October 21, 2012 at 14:29

    I’m not confused. LNS can think what he likes. FIFA are vigorously opposed to franchise – primarly to avoid situations like Rangers dumping debt and moving on regardless. Failure of the company is failure of the club – one and the same. FIFA will not be directed or influenced by anything that LNS has to say on the matter. They are the final word on any footballing matter.

    The SFA don’t have the nuts to contradict Newco on their 140yr history. By accepting the footballing responsibilities of Oldco Rangers (including sanctions), Newco Rangers continue in the belief they are the same club. I think you are right. Good sense would dictate they are a new company and applying Oldco punishments would be unfair, and I expect will not stand up in court (not prizes for guessing this will end up in court, in spite of the warning from the SFA that this is not acceptable).

    However, it has been touted that the SFA membership determines the history of the club. Newco Rangers have 140yrs of history – argue otherwise if you like. Check the SFL website, all the honours are there to be seen. So who is going to unpick the whole mess and put the house in order? The Scottish Courts, UEFA and BDO / HMRC are still to show their hands. The SFA have created a powderkeg by asking Newco to accept the footballing responsibilities and sanctions. They created the noose, and Newco Rangers have stuck their head in willingly.

    If I was Charles Green, I’d raise some cash quickly and get out of town before someone tells the fans their club is younger than a bad Chilean wine.


  4. beatipacificiscotia says:
    Sunday, October 21, 2012 at 15:45
    0 0 Rate This
    HirsutePursuit says:
    Sunday, October 21, 2012 at 14:29
    ===================
    As a lay person, can someone explain who will take up the court action against the SFA stripping titles. If Sevco are not Oldco then on what grounds would they take this action, that they bought the history and are therefore affected by that decision. Surely that would be laughed out of court and risk the courts giving a ruling about purchasing history is not possible.

    D&P, why would they be concerned about the striping of titles, they are about to disappear and RFC(IA) are soon to be no more.

    Confused.


  5. Does anyone else get the feeling that the FTT & EBT outcomes are leading us to an inevitable decision point?

    The SFA is going to have to issue an unequivocal statement in due course to confirm if The Rangers can ‘officially’ retain the history – or to “state the bloody obvious” that The Rangers is in fact a brand new club whose history only stretches back to July 2012.

    We are also painfully aware that the SFA doesn’t like communicating with the paying customers – and despite their best efforts to avoid this issue, Regan – IMO – is going to have to tell it straight for once.

    …perhaps immediately before he resigns?


  6. The wagons had circled and Minty, Bain, Johnstone et-al have long since departed public life seemimgly–well, apart from the latters occasional press splutterings–of course they all knew what was in the pipeline, and they were all fairly assured that they did no wrong doing, as the EBT scheme was implemented via a widely used template–courtesy of a porn actor/producer lest we forget–and it was all above board etc–then PBW said that Minty and co bastardised his particular way of implementation–basically ripped the arse out of it and PBW said so publicaly.

    Don’t recall anyone challenging what Baxendale-Walker was saying either..

    The MSM had a few of the own wagons too within the circle, that’s not conjecture; it’s plain fact and no amount of ignorance or lack of ‘financial awareness’ can honestly be expected to excuse any of them. The Daily Record and it’s parent Mirror group have a wealth of resources and certainly enough resouce to decipher what was going on at Ibrox, same goes to all of them but the DR is in a league of it’s own. It is an RFC/Sevco PR truck and quite an obvious one at that.

    You may disagree but you would be either delusional or telling porkies.

    Jim Traynor’s laughable recent tv appearance (Note- Jim even washed AND ironed his usualy otherwise crumpled and food/sweat stained shirt too!) after TGEF showed his face–eyes a’ bulging and with that wacky accent. I was thrilled to see him back–and many good folk here and from RTC have been saying he was still very much relevant–but his brilliantly timed reappearance seemed to have caught some of the rogues out–and sitting on Newsnicht desperately trying to defend Sir Minty is despicable. Why did Newsnight question a hack, when the hack in question is now widely famous for being ‘the most succulent lamb..’ king of sycophantic journalism?? This was even demonstrated when the interviewer had a dig at Traynor–bloated Jim is known to be a Minty lickspittle by even Newsnicht journo’s–and is proud of it probably–but it’s only showing Jim for nothing more than a Murray PR instrument. Thats quite apparent to most of us, it’s just the DR’s prime demographic that are deemed too stupid to see the conflict…and the BBC apparently…

    Jim, it’s not your job to be on Newsnight defending Minty. Your supposed to be the one calling Minty, hanging about his house and offices and those of certain others to harvest opinion on TGEF’s claims, then sensationalise it all before publishing it and selling lots of papers on the back of the senastion. Simple really yet nothing from yourself or your rag of a paper. Never. It makes you wonder if Jim has a more concerning role within the Great Govan Train Crash and I wouldn’t bet against Jim being the recipient of a Minty EBT either–how well would this go down with Mirror Group shareholders, if such were to be the case? What about the BBC??

    If this clown is not on the brown bag pay-list of Minty then I will eat my metaphorical hat.


  7. angus1983 says:
    Sunday, October 21, 2012 at 15:43

    Agrajag says:
    Sunday, October 21, 2012 at 13:36

    angus1983 says:
    … then the guy would have to back out of one or the other.

    ====================================

    How does one “back out” of owning shares.
    ——

    Erm … let me think about that a minute.

    Oh, I know! One sells them. Or otherwise offloads them outwith one’s personal family circle.

    What is this? Pedantry corner?

    ==================================

    What a fabulous idea, shares in football clubs currently playing in the fourth tier of Scottish football are known to hold their value, particularly when the person selling them is forced to do so.

    Can you also advise how long the person would be given to sell those shares, and if he would be allowed a minimum return. What if there were no buyers at that price, would he get to keep them. Or would he have to just give them away.

    What exactly would constitute “.. outwith one’s personal family circle.”

    I think I’ll stick with pedantry if nebulous guesswork is the other option.


  8. That’s a thought, and talking of “short selling” I believe you chaps call it.

    Assuming Rangers shares sell for £1 (just to make it easy) on day one, how much do people think they will trade at after say 2 or 3 days.


  9. StevieBC says:
    Sunday, October 21, 2012 at 16:01

    Does anyone else get the feeling that the FTT & EBT outcomes are leading us to an inevitable decision point?

    The SFA is going to have to issue an unequivocal statement in due course to confirm if The Rangers can ‘officially’ retain the history – or to “state the bloody obvious” that The Rangers is in fact a brand new club whose history only stretches back to July 2012.

    We are also painfully aware that the SFA doesn’t like communicating with the paying customers – and despite their best efforts to avoid this issue, Regan – IMO – is going to have to tell it straight for once.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Don’t bank on it Stevie…so far the SFA and the SPL realising the ordinary fans where not going to allow them to get away with cheating to allow Rangers to survive…they resorted to open dishonesty and corruption to get their way…supported by the Scottish media…

    when faced with destroying Scottish Football and saving Rangers..they have decided Rangers are more important than Scottish football…Regan and the SFA are at a stage where they just don’t care how dishonest or corrupt their decisions will look…

    I hope I am wrong.


  10. Meant to say previously about the shares, the good people at IG Index have said they will be waiting until the IPO is finalised (should it happen) before then deciding whether to offer speadbetting markets on the Rangers share price.

    There is money to potentially be made through the share issue, just not for the Rangers fans


  11. Do we really want to see a form of Rangers die?…..In competitive terms, we need someone to “banter” off of.Will it not be so much better “banter-wise” after the beamer they will get,new co or old, that they have been found guilty of cheating?
    Rangers will never be a force in football again.
    Rangers will be tarred with the brush of their old-co.
    Financial Fair Play may become workable in the Scottish Leagues.
    Celtic will be the predominant club in Scotland.
    Years and Years of embarrassment,not even 2nd best!
    Society will not allow you’se to die, but society will never see you dominant ever again!


  12. Apocalypse – The End of History
    As the inevitable death of the once mighty Rangers Football Club, founded in 1872, draws ever closer with the announcement of the end of the administration process, their impending liquidation and the imminent verdict of the FTTT (more commonly referred to as the Big Tax Case), what are the likely consequences and impacts of these events on the history of Rangers, the key ‘players’ and of Scottish football as a whole?

    History teaches us that, as with the collapse of every previous endeavour towards imperialism, Rangers, in their ruinous and misconceived desire for absolute supremacy over their rivals, simply overreached themselves while simultaneously failing to tend to their essential resources closer to home. Much like the primeval serpent ‘Ouroboros’ they all, each and every one, bit off more than they could comfortably chew until eventually they wound up by eating themselves. In the end, in the manner of all the preceding empire builders, Rangers went out, not with a bang but with a whimper ,like Attila the Hun on his wedding night.

    During the lead up to the SFL vote on whether Sevco’s new team (yet to be called The Rangers FC Ltd) should be allowed to join the Scottish Football League and in which division, Stewart Regan (SFA) and Neil Doncaster (SPL) were accused of ‘focusing on and exaggerating the possibility of Armageddon’ (a term first mooted by our old friends Jabba and his jabworths) if the new club was not granted a place in the top tier of the SFL. Many took this to be no more than a metaphorical idiom pertaining to purely financial considerations, however Mr Regan’s prophesies of potential ‘public disorder’ and ‘civil unrest’ soon put that notion to bed. Perhaps ‘Apocalypse’ would have been a better word to use.

    Apocalypse is one of those words which is almost always universally misinterpreted. One would be forgiven for thinking that the word meant something akin to ‘disaster’ or ‘catastrophe’ or, in the extreme ‘ the end of the world’. ‘Judgment Day’ would probably be a more accurate definition though perhaps not for the reasons imagined. Apocalypse, literally translated from the Greek actually means ‘a lifting of the veil’ and refers to an uncovering or revelation of something hidden.

    The term ‘lifting the veil’ has also entered modern parlance specifically in relation to companies otherwise known as corporations. One of the main purposes of incorporation is to separate an individual from the legal liability of a company. This ‘veil of incorporation’ ensures that a company remains a separate legal entity from its directors and shareholders, thus protecting the personal assets of owners and investors from potential lawsuits should it all go horribly wrong.

    Lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its directors and shareholders. Ordinarily a corporation is treated as a separate legal ‘person’, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. However, in very few cases, a court may decide to look beyond this legal fiction to the reality of the situation. In practice, the only true “veil lifting” may take place when a company is believed to have been set up for fraudulent purposes, or established in order to avoid any existing obligations.

    It is no accident that HMRC’s (the largest of the former Rangers’ unsecured creditors, potentially owed a colossal £95M) preferred liquidator in this case is BDO. Malcolm Cohen of BDO, who has been appointed to head up the Liquidation Team, is an man of renown, a specialist in what is known as ‘contentious insolvency’. Contentious Insolvency experts specialise in dealing with high profile, criminal and controversial insolvencies involving fraud, litigation and international asset tracing.

    These cases can typically involve obtaining initial freezing injunctions in the case of suspected fraud, investigation of contractual claims and negligence and, by using the extensive powers provided by the insolvency legislation, to pursue misfeasance, preference and undervalued transaction claims.

    In the context of history, BDO will play the role of the Scottish equivalent of the Ancient Egyptian jackal-headed god Anubis who, according to the Book of the Dead, was responsible for weighing the, as yet, undead’s heart against the feather of Ma’at (truth, order and justice). If it was heavy with the weight of wrongdoings, the scales would sink and the heart would be grabbed and devoured by a terrifying beast that sat ready and waiting by the scales. That beast was named Ammut, “the gobbler”, a composite animal with the head of a crocodile, the front legs and body of lion or leopard, and the back legs of a hippopotamus (a sort of reverse Jabba, if you will).

    As previous owner (with a reported 92% stake) and chairman of the club/company for all of 23 years, the ‘revelations’ (from Mark Daly’s BBC documentary ‘The Men Who Sold The Jerseys’) that Sir David Murray appears to have taken more money out of Rangers than he ever invested, that he acquired knowingly unsustainable levels of debt in the club’s name (albeit with the likely connivance of Gavin Masterson and his minions at BoS) and that he was responsible for implementing those devastating offshore tax avoidance vehicles known as the Murray Group Management Ltd Remuneration Trust and the Rangers Employee Benefit Trust before subsequently selling the club for a solitary ‘knicker’, should, one would expect, make him the first port of call for the team.

    However, those insatiable devourers of the undead will certainly not stop there.

    The Companies Act 2006 codifies the duties of company directors into a statutory statement of seven general duties, as follows:
    1) Duty to act within your powers as a company director
    2) Duty to promote the success of your company
    3) Duty to exercise independent judgement
    4) Duty to exercise reasonable care, skill and diligence
    5) Duty to avoid conflicts of interest
    6. Duty not to accept benefits from third parties
    7) Duty to declare interest in proposed transaction or arrangement with the company

    By allowing an acknowledged covetous egomaniac with, in my humble opinion, borderline Narcissistic Personality Disorder (or a control freak, if you like) free reign to make these calamitous decisions without the requisite due diligence nor recourse to any rules or conventions, ALL former directors of Rangers FC will be held eminently culpable of abrogating their responsibilities, not only to the club and its shareholders but, more significantly, to their tax-paying fans. Unfortunately, for some of the directors less well-versed in company law, the infantile defence of “never knowing nothing about nothing” or ‘a big boy done it then ran away’ will not be deemed legitimate justification nor mitigation for their actions (or inaction, as the case may be).

    And yet, the voracious hounds of hell won’t stop there either.

    Craig ‘Casey Jones’ Whyte, whilst certainly being guilty of being an out and out chancer (and, evidently, a googly-eyed fud) was right in one respect at least. He was, after all, only the driver of the Rangers train wreck, parachuted in at the last minute as the wayward carriages sped towards the Duat with no means of applying the brakes. Within months of his takeover, the journey of the irresistible force of history toward the immoveable object of liquidation, which had, until that point, been merely unavoidable, became unstoppable. Due, in no small part, to Ally McCoist’s apparent inexperience or ineptitude as a football manager, the steam train accelerated exponentially towards the terminus .

    Mr Whyte’s disastrous decision to stop paying statutory PAYE and NI contributions in favour of inflated wages and operating costs added yet another large shovelful of coke into the locomotive’s infernal engine before the vehicle inevitably reached its final destination. The BDO ‘Crash Investigation Team’ will, no doubt, undertake a deep forensic examination of this ‘accident’ working out the initial trajectory, final speed on impact etc. before turning their investigative might towards uncovering the Cassius maxim ‘Cui Bono ?’ or ‘To whose benefit ?’. Motive, in other words, or perhaps more appropriately ‘loco’ motive, given the insanity involved in setting the train on its perilous path to oblivion.

    With the unrelenting scrutiny of Thoth, the ibis-headed god and great scribe of Kemet, BDO will meticulously record their judgment before heeding the command of Anubis to ‘dig yet deeper’.

    The administrators of Rangers, representatives of the world renowned Duff and Phelps Corporation, were recommended for the job by Mr Whyte himself, although finally appointed by the Court of Session. By appearing not to know the difference between a club/company and a business these high-priced agents of fiscal rectitude managed to orchestrate the utter unattainability of any CVA which, as a consequence, disenfranchised Rangers’ many creditors to the tune of tens of millions of pounds. (Gratuitous Alienation anyone ?)

    Many hundreds of thousands of quid later, as appears to have been planned, they eventually sold the mangled assets of the old Rangers tank engine for a mere pittance. That these same assets now appear to have risen in value by over 1000% in little more than 5 months. Against a backdrop of economic stagnation and falling property values, this defies both logic and belief. The well publicised potential conflict of interest of these agents and one of their colleagues, in their previous incarnation as MCR (specifically one Mr David Grier) was deemed so serious that they were invited by a High Court judge to provide documentation to prove their lack of complicity. This aspect of this sorry chronicle will, no doubt, also warrant further reasoned analysis and weighing of hearts.

    By using some cowboy-mechanics or some other, as yet undetermined, skullduggery, Sevco’s new club (apparently allowed to call itself The Rangers) managed to acquire the distorted and corrupted engine parts of the Rangers wreckage and hastily screwed the rusted bits together, added a lick of paint and employed a Yorkshire used-car salesman to sell this ‘half-cut’ to the brand-loyal supporters and compliant football authorities. Make no mistake about it, as Ally or Walter might say, this jalopy is not Rangers, this is a golem, an animated anthropomorphic being, created entirely from inanimate matter otherwise known as a zombie.

    Whilst D&P may claim that Sevco bought the ‘history’ of the old club along with the assets, as per their report to creditors, as we all should know by now, ‘history is written by the victors over the vanquished’. The SFA and the SPL, as the governing bodies who awarded those titles, have a solemn duty to uphold the integrity of their competitions. If, as I strongly suspect, Rangers are found to have fielded a large number of ineligible players in these same competitions, these ruling bodies, as per the rules of the game (3-0 defeat applied to any games where a ‘single’ player was improperly registered) will be obligated to strike these victories from their record books. However, as we have seen, both of these organisations have so far spectacularly failed to apply their rules in relation to Rangers and it’s parasitic offspring The Rangers. That is all about to change, as the all-seeing eye of Horus fixes his gaze towards the lofty towers of Hampden.

    Sure, no-one is going to or be able to turn up at any former players or managers doors and attempt to forcibly remove their ‘hard-earned’ trinkets from their cold, dead hands, nor is it possible (barring a full frontal lobotomy) to surgically extract the memories of the players and fans apparent success, but the gobbler does not hold with such earthly convention. He is Ammut – Great of Death, Eater of Hearts, The Devourer. Titles will be consumed and history will be changed forever.

    At this stage, it looks likely that Charles Green’s Sevco and Ross Bryan’s Ticketus will be shown to be mere vignettes in this ‘Book of the Undead’, little more than Special Purpose Investment Vehicles (or spivs for short), corporate entities designed purely to generate profits for unscrupulous investors. Many investors in these spivs will undoubtedly have lost significant amounts of money during this fiasco yet some more now seek new profits by using their charismatic frontmen to encourage the incorrigible, the gullible and the wilfully ignorant to invest in their shiny new fiction. It may well be immoral but that’s just business, however, come their ‘day of reckoning’ they will doubtless be the subject of future investigation(s) and their heavy hearts too will be evaluated against the weightless plume of Ma’at.

    The bad news is that this journey into the afterlife will not be a short one. Unpicking the tangled web of deceit is a time-consuming process. In the end though, the veil will be lifted and that which had been hidden will be uncovered. Links will be established, corruption will be unearthed and treachery will be revealed. All that will be left is an almighty indelible stain on the history and character of this once proud club and those responsible for its eventual demise. The Scottish football authorities will be exposed to the disinfectant of sunlight, heads will roll and the demons will be cast out by righteous men.

    As Jim Morrison sang in Roadhouse Blues, ‘the future’s uncertain and the end is always near’. I anticipate a rough ride but I, for one am looking forward to it. After all, one man’s Armageddon is another man’s Apocalypse.


  13. gie’s a gonk says:
    Sunday, October 21, 2012 at 16:43

    =======================

    See my previous. We seem to be on a similar wavelength re share values etc.

    One wonders how much of their “investment” they will lose almost immediately.

    Charles Green doesn’t really care I suppose. So long as the £s come in then what the shares are worth shortly thereafter doesn’t really matter. He will have his cash injection.

    It also won’t effect the asset values, so that’s not a problem either. I suppose the market capitalization will drop dramatically, but who really cares. Other than people trying to sell, and no-one is buying these to sell really. It’s an emotion based donation and nothing else.


  14. However, it has been touted that the SFA membership determines the history of the club. Newco Rangers have 140yrs of history – argue otherwise if you like. Check the SFL website, all the honours are there to be seen.
    =====================================
    Compare and contrast:

    AIrdrie United Football Club Ltd (known now as Airdrie FC) have 45 years of history… or perhaps just 10… or perhaps 114. You can see how it is represented in various ways here:
    http://airdriefc.com/history.html
    http://wck2.companieshouse.gov.uk/80d0ac56b99990260c64b803ee69bd88/compdetails
    http://www.scottishfootballleague.com/club/airdrie-united/
    http://wck2.companieshouse.gov.uk/3566b5eccff4e19b6d6c3527bf361e90/compdetails

    …and then do the same for Rangers Football Club Ltd
    http://www.rangers.co.uk/club/history/club-history
    http://wck2.companieshouse.gov.uk/80d0ac56b99990260c64b803ee69bd88/compdetails
    http://www.scottishfootballleague.com/club/rangers/
    http://wck2.companieshouse.gov.uk/03a7a1f01d2a862aeaf769309586e053/compdetails

    ..then tell me: can the SFL can be right in both cases?

    Tell me, if they’re correct in the case of Sevco, do you think they’re wrong in relation to Airdrie? How many of the original Clydebank FC supporters still support “their” club – now that it plays in Airdrie?

    Look also at Livingston – founded, according to the SFL, in 1974; but it says 1943 on the club’s own website.
    http://www.livingstonfc.co.uk/history/history_ferranti.php

    Does the SFA membership number truly determine the history of a “club”?

    The Rangers brand has 140 years of history; but – just as Airdrie FC have only really existed for 10 years – The Ranger Football Club Ltd has only been a football club for a few short months.


  15. nowoldandgrumpy says:
    Sunday, October 21, 2012 at 15:57

    The reason I bring up the penalties is that stripping of titles won’t be the limit of it. Stripping of titles of course applies to the Oldco, and Newco can have nothing to say about it. What about Termination of Membership, or substantial fines, or further bans / sanctions yet to be determined / invented? It would force the hand of Newco to defend their position.

    So what do they do? Put your hands up to being an entirely new club? Go to the courts (a big no-no for the SFA)?


  16. Agrajag says:
    Sunday, October 21, 2012 at 16:21

    I think I’ll stick with pedantry if nebulous guesswork is the other option.
    ——

    Article 13 of the SFA Articles of Association (Dual interests in clubs) may be a good place for you to start. Article 13.5.c.i defines “associates” (for starters, members of one’s “personal family circle”)

    Interestingly, Article 13 also defines “club” for the purposes of this type of conflict of interest as “any club in membership of an association in membership of UEFA or FIFA”. e.g. Newcastle.

    In easier to understand form, “Potential conflicts of interest at the heart of Scottish Football”, a blog by Alex Thomson, may help.

    Nebulous guesswork ..?

    Apology, please.


  17. HirsutePursuit says:
    Sunday, October 21, 2012 at 17:00

    Thanks HirsutePursuit, you just made my point. The SFL take Airdrie’s history from the start of Clydebank FC’s membership, formed in 1965 and membership transfered and name changed in 2002. The Clydebank FC membership continues to this day under a new new in a new town. Airdrie don’t lay claim to Airdrieonians history, but do talk about it with pride (not the same thing).

    The SFL are correct in both cases. Does the SFA membership truly determine the history of the “club”? On an emotional level – no. For all practical purposes – no. But it is the only official line we have. It is simple …. membership = history.

    So Newco Rangers have 140yrs of history. It means they can have titles stripped, be fined, have their membership terminated, etc – all for the sins of Oldco Rangers. Right or wrong, these are the facts as things stand.


  18. I don’t get this transfer of membership means Sevco then own RFC’s history. There is no logic to that whatsoever. If Sevco were refused the membership transfer and Cove, Spartans or whoever were then allocated membership, would that mean they can claim 140 years of RFC history? Where’s the sense in that? No matter how it is spun it is still nonsensical. If Celtic are one day liquidated, would the Club that replaced them in the league structure be able to claim they won the European Cup?


  19. Once BDO get the nod to proceed,are they obliged by law to give reports in the same fashion as D&P did? ie can we look forward to regular reports of their investigative progress into RFC corporate affairs?


  20. The resignation of the Chief Whip, over pleb-gate was a classic example of a resignation being inevitable through continuing to defend the indefensible, when being honest and open at the out-set, acknowledging the wrong and making a honest apology is the right course of action, and in PR terms the smart move. People are often more forgiving of the original sin, and less likely to forgive and forget the cover-up.

    When the FTTT is published, or prior to publication – I expect (S)DM to spin excuses and to maintain that he did no wrong, that he always did his best for the club by working to bring world class players to Ibrox etc. and tax avoidance was a legitimate strategy.

    However, I wonder if any of the supporting cast will put their hands up, admit fully to mistakes, errors etc in an attempt to move on from events. In short, will we see a split in the united front? Will the wall of silence be broken? Or will all go down with the ship?


  21. beatipacificiscotia says:
    Sunday, October 21, 2012 at 17:26
    0 0 Rate This
    HirsutePursuit says:
    Sunday, October 21, 2012 at 17:00

    Thanks HirsutePursuit, you just made my point. The SFL take Airdrie’s history from the start of Clydebank FC’s membership, formed in 1965 and membership transfered and name changed in 2002. The Clydebank FC membership continues to this day under a new new in a new town. Airdrie don’t lay claim to Airdrieonians history, but do talk about it with pride (not the same thing).

    The SFL are correct in both cases. Does the SFA membership truly determine the history of the “club”? On an emotional level – no. For all practical purposes – no. But it is the only official line we have. It is simple …. membership = history.

    So Newco Rangers have 140yrs of history. It means they can have titles stripped, be fined, have their membership terminated, etc – all for the sins of Oldco Rangers. Right or wrong, these are the facts as things stand.
    ============================
    😀 😀
    …and so, Clydebank’s history is celebrated by Airdrie?
    Where is that detail on their website?

    …and so, Livingston’s history began in 1974 as Ferranti Thistle?
    It must then have been another team of that name, playing in the East of Scotland league, from 1953?

    SFA membership is simply that… it is a membership of an organisation. Rangers membership was purchased by Sevco as an asset (check D&P’s report) and the SFA voted to allow them to use that membership by authorising its transfer.

    That’s right… it was TRANSFERRED to create a new football club from a company shell.

    If it was the same club, there would be no requirement to approve a transfer.

    I’m not sure why you find this concept difficult.

    The Rangers that were founded in 1872 (or 1873 – depending on your starting point) are just about to be liquidated.

    The Rangers FC that currently plays football in SFL3 were founded (i.e. whose history began) in 2012.

    This is not opinion, these are simply the facts.

    If Sevco supporters wish to celebrate the history of their old club, then that is perfectly understandable and I have no problem with that. But it is just disingenuous to say that the club can survive liquidation in anything but memory.


  22. ordinaryfan says:
    Sunday, October 21, 2012 at 17:57

    Newco Rangers didn’t apply for any old membership, they applied to have the Oldco membership transfered and got it. A new club coming into the league would satisfy the criteria of a new membership and would join as a new member of the SFL. The will already have some form of SFA membership and there will already be a history attached to that (including at least 3yrs accounts).


  23. IMO anyone waiting on the FTT case being put out for public consumption this week are likely to be seriously disappointed.
    If as is suggested the written decision extends to 200 pages or anything near that, then it is highly likely that the solicitors acting for MIM, D+P etc are likely to ask for an extension of the normal timetable to enable them to consider the judgement.
    Probably not seen as an unreasonable request.


  24. HirsutePursuit says:
    Sunday, October 21, 2012 at 18:04

    The facts are on the SFL website. As the governing body, I’ll take that over opinion. What clubs lay claim to is as much marketing than anything else. CG & Co acquired the business and assets, and later successfully applied for the RFC membership to be transfered. It really can’t be any clearer than that. They own just about everything except the non-football debt.


  25. wjohnston1 says:
    Sunday, October 21, 2012 at 18:07
    0 0 Rate This
    IMO anyone waiting on the FTT case being put out for public
    consumption this week are likely to be seriously disappointed.
    If as is suggested the written decision extends to 200 pages or
    anything near that, then it is highly likely that the solicitors acting for MIM, D+P etc are likely to ask for an extension of the normal timetable to enable them to consider the judgement.
    Probably not seen as an unreasonable request.
    ~~~~~~~~~~~~~~~~~~~~~
    Jabba has already delayed it with his two-fingered typing. A few more days makes no difference and will in no sense diminish the comedic value. It’ll be out when it’s out.


  26. ordinaryfan says:
    Sunday, October 21, 2012 at 17:57
    1 0 Rate This
    I don’t get this transfer of membership means Sevco then own
    RFC’s history. There is no logic to that whatsoever. If Sevco were
    refused the membership transfer and Cove, Spartans or whoever were then allocated membership, would that mean they can claim 140 years of RFC history? Where’s the sense in that? No matter how it is spun it is still nonsensical. If Celtic are one day liquidated, would the Club that replaced them in the league structure be able to claim they won the European Cup?
    ~~~~~~~~~~~~~~~~~~~~~~
    It was the SFA that transferred membership. Does that suggest that TRFC can claim the Scottish Cup history and, by extension, the UEFA Cup Winners Cup history of RFC?

    On the other hand, the SPL refused to transfer the SPL share. So TRFC have no claim on any titles awarded (correctly or not) to RFC?


  27. beatipacificiscotia says:
    Sunday, October 21, 2012 at 18:13
    0 0 Rate This
    HirsutePursuit says:
    Sunday, October 21, 2012 at 18:04

    The facts are on the SFL website. As the governing body, I’ll take that over opinion. What clubs lay claim to is as much marketing than anything else. CG & Co acquired the business and assets, and later successfully applied for the RFC membership to be transfered. It really can’t be any clearer than that. They own just about everything except the non-football debt.
    ==============================
    First time ( I think 🙂 ) I’ve fallen for a troll on this website.

    You ignore the facts that don’t suit your argument.
    You don’t answer the specific questions that have been asked.
    You constantly repeat the same flawed logic.

    You drew me in a treat.

    Congratulations!


  28. Lord Wobbly says:
    Sunday, October 21, 2012 at 18:34

    An excellent point on the SPL membership. I think the bulk of those titles will be disappearing soon anyway. I checked the SPL website and, of course, the Rangers titles remain for the moment. One interesting point to note. Looking at the U21, U18 and later U19 league results Celtic by far the biggest winners. I think that is the most telling of statistics.

    One questions I have that I haven’t had a conclusive answer from anyone about. I has head that EBTs were used from 1998, but the enquiry seems to only be from 2001 onwards. Also, I seen somewhere it is 2001 to 2011, but elsewhere 2001 to 2010. Is season 2010/11 included, or is that yet to be determined? Were payments made in 2010/11, or is it enough that players had side contracts covering this period?#

    I would appreciate any thoughts on this.


  29. Humble Pie says:
    Sunday, October 21, 2012 at 16:46
    ———————-
    HP

    What a wonderful piece of writing.

    And the last course will be just desserts.


  30. I seem to remember that HMRC generally look back 7 years – presumably that’s 7 years since they first look (ie. they first took an interest in RFC(IL)’s tax affairs in the 2008/9 tax year so would naturally go back 7 years to 2001/2.


  31. HirsutePursuit says:
    Sunday, October 21, 2012 at 18:44

    ================================

    It was predicted to be fair, even the one called TSFM said that there were a lot of first time posters about and he / she was keeping an eye, particularly over the next few days.

    A mixture of obfuscation, distraction and trolling is to be expected.

    To quote from earlier “Remember trolling only works if you fail to ignore it ….”

    The thing to remember is that it won’t really change anything. The result of the FTT will come out as and when it does. The attempted IPO and share issue will happen if it does and will stand or fall based on whether the fans are willing to make a donation or not. Most importantly New Rangers will survive or not depending on whether the fans are willing to give Charles Green enough money to pay him and keep the business afloat until their next season tickets are out.

    If they do then fair play to them. It’s their money and they can give it to whoever they want. If not then the successor will go the same way as the old club.


  32. HirsutePursuit says:
    Sunday, October 21, 2012 at 18:44

    I’m no troll, I can assure you. I’m a lifelong Celtic fan and Danny McGrain was my hero as a boy. No Troll can say that in black and white and retain their blue badge status! I come from a family of Hibs fans but seen Danny McGrain play in an excellent Celtic team, and that was me for life. I was a defender for my school and I wanted to be as good as he was.

    I do try to take an even view of things, and as far as I can see the RFC history will be the rope that Sevco Rangers hang from. They would have been better taking their time out the game and coming back new. I just wanted to hear other people’s thoughts on it.

    I can’t wait to hear the “ah but”, “ah wisnae sure” and “I didnae mean it like that” when the proverbial hits the fan.


  33. Gym Trainer says:
    Sunday, October 21, 2012 at 18:59

    I seem to remember that HMRC generally look back 7 years – presumably that’s 7 years since they first look (ie. they first took an interest in RFC(IL)’s tax affairs in the 2008/9 tax year so would naturally go back 7 years to 2001/2.
    ____________________________________

    From the HMRC website:

    “However, HMRC can go back 20 years for an assessment where duty has been underpaid, or where HMRC has repaid more duty than is due, because of deliberate behaviour by the person concerned. “


  34. Take a look at http://www.hmrc.gov.uk/manuals/chmanual/CH56000.htm

    They’re all different… for PAYE/Income Tax, VAT, Corporation Tax, Excise Duty (surely footballing is a zero duty activity?). Naturally these time limits currently notified are since 2009/10… older investigations would use the old limits (and in the case of VAT I don’t think there was a limit)


  35. Gym Trainer says:
    Sunday, October 21, 2012 at 19:26
    ____________________________

    GT, any deliberate non-payment or absence of a reasonable excuse will attract a 20 year search on most taxes (and they will be all over your recent books). 🙂 Believe me.


  36. Being a bit of a geek, I was browsing through the latest edition of XBox360 magazine, and came across the review of Pro Evoultion Soccer (PES) 2013. Under a min-section called “Did you know ?” was the following –

    “Last season Scottish team Rangers went into liquidation and started again as a new club at the bottom of the third division. As a result Konami chose not to licence them for PES 2013 – replacing them with Motherwell.”

    So it seems there are some print journalists who actually get it !!!


  37. beatipacificiscotia says:
    Sunday, October 21, 2012 at 19:03

    I’m no troll, I can assure you. … I do try to take an even view of things,
    ——

    Me too – when I’m not engaging in nebulous guesswork, that is. Good on you for being able to detach and look at the bigger picture.

    Don’t worry too much – I’ve also felt the need to explain my background recently after I veered too close to the centre line. Hirsute is a decent chap – he must’ve misunderstood where you were coming from. There are certainly persons of the lapdog persuasion on here, though. Get on their wrong side and they’ll be constantly yipping at your heels.

    Another slow news day, then. 🙂


  38. Hell yes, and so they should be – and they’ll spread their tentacles out to other “group companies”.

    Anyone heard from Sir Minty in person recently? I’d imagine his hoop is all a quiver.


  39. So…

    If the FTT result is as expected
    &
    If that result is due to be made public in the next week or so
    &
    If Minty has any intention to spend time in Scotland in the future
    Then…

    Will we now be subjected to a carefully managed PR assault by Minty/Jack?
    Tightly controlled interviews ‘granted’ to compliant TV and print churnalists?

    Minty only has a short time left to get his spin out before the FTT result is made public.
    He can use his PR and Scottish MSM lackeys one last time… ? 🙄


  40. Long Time Lurker says: (+ Gym Trainer @ 19:54)
    Sunday, October 21, 2012 at 07:42
    ———————————————————————————————————————————-

    Apologies for the delay in the reply, LTL – just back from a lovely picnic in a field, under the shade of a Goldsworthy masterpiece. I’ll keep it short.

    This from one of Murray’s poodles in the Herald on Wednesday on Murray Capital – the runt of the empire that he has been allowed to keep.
    Quotes from a “Murray Capital Spokesman”……
    “We are investors for the longer term and will work with our management teams to secure exits at the appropriate time.”
    “The company has no bank debt with each investment financed on a stand-alone basis,”
    “The (Murray) family is now focused on building and retaining a legacy for future generations.”

    The author of the piece, Simon Bain, has done his best to wrap it in glitter, but the stark reality of Murray’s situation is there behind the hubris. I humbly suggest that (-S)DM© -and Jack, of course (hi Jack!) – is still the puppet master of news management in Scotland, but nothing else. He was a big fish in a small pond – but there are always bigger fish.

    Humble pie – chapeau.


  41. So slow today 🙁 surely must be the calm before the storm…………please 🙂


  42. TallBoy Poppy (@TallBoyPoppy) says:
    Sunday, October 21, 2012 at 20:12

    This from one of Murray’s poodles in the Herald
    “The (Murray) family is now focused on building and retaining a legacy for future generations.”
    ——————————————————————————
    The legacy is already built and it is all too plain to see how future generations are likely to see it


  43. Humble Pie says:
    Sunday, October 21, 2012 at 16:46
    100 0 Rate This
    Apocalypse – The End of History
    ———–

    I’m left not knowing my Horus from my Anubis! But a fascinating wander through ancient and modern symbols.

    You speak with great certainty of a final justice through these metaphors. I hope you’re right, because until now I’ve seen little evidence of it.

    Bravo.


  44. The remarks made by Jim Traynor made me curious as to the average number of pages in a FTTT published decision.

    Having looked at January 2012 FTTT decisions, 97 in total, the average page count per decision is 11.6.

    The highest page count was 95 and the second highest was 92. The lowest was 2. Most decisions are 3 – 8 pages in length.

    If Jim’s guesstimate non the page count is to be believed, this Tribunal will have had much to say about the use of EBTs by MIH.


  45. A bit off topic but I thought the comments of Dave Jones (regarding the chanting and behaviour of Leeds fans the other night) carried a certain resonance north of the border:

    “If they – the decent, proper fans – just sit there and smile weakly, and look away, then this curse is going to spread and spread and we’ll be back into the bad old days. It feels we’re sliding back there already.”

    http://www1.skysports.com/football/news/11703/8184438/Sheffield-Wednesday-boss-Dave-Jones-still-angry-with-Leeds-fans-for-Chris-Kirkland-attack


  46. TallBoy Poppy (@TallBoyPoppy) says:
    Sunday, October 21, 2012 at 20:12

    I wonder how long Jack [Media House] will back a loosing horse.

    If the FTTT result and events to follow is as bad as some of us think that it will be, then (S)DM will more likely than not get a roasting from the media outwith Scotland. A heavily damaged client won’t be good for Jack’s next PR gig?


  47. Humble Pie says:
    Sunday, October 21, 2012 at 16:46
    128 0 Rate This
    Apocalypse – The End of History

    Enjoyed that immensely, thanks. Trusting your predictions will come true, in due course.


  48. On a slow day
    Some musings about the rascal who gave such fun
    Question
    Has Whyte really fallen out with D&P?
    If so
    What about? When? And Why?
    Here’s my take on it
    The story goes back to late 2010 when MCR was an Insolvency Business owned by Paul Clark. They were awarded a contract by RFC to assist CW during the preparatory phase of his acquisition of RFC for £1
    Verbatim Clark quote at press conference on 18 Feb 2012
    “D&P is a long established global financial advisory and investment banking business. It’s the world’s largest independent valuation firm. In the UK alone we employ in excess of 200 people. Late last year D&P acquired MCR a UK based restructuring and turnaround firm Both David and I were formerly partners of MCR.”
    “ MCR itself which was previously known as Menzies Corporate Restructuring was asked to provide consultancy advice to Rangers on the merger of the club late last year.”
    This is saying that RFC paid MCR for advising CW on the merger of RFC with Wavetower
    The reality, which is not disputed is that MCR were advising CW not RFC prior to the takeover. There was no merger of RFCV with Wavetower although that aim may well have been in the contract someone awarded to MCR on behalf of RFC
    It beggars belief that Advisors to the buyer of a company being sold for £1 were paid by the company being sold for £1
    But this apparently is what happened. Knowing the rates charged by D&P this assistance to CW from late 2010 to May 2011 must have cost RFC around £500k
    ,,,,,,,,,,,,,,,
    The next event was an approach from New York based Duff & Phelps to Paul Clark with the view to buying MCR and thereby expanding into Europe. It is normal in these circumstances for the US buyer to send a team over to examine the business they are thinking of acquiring. It is inconceivable that MCR would not disclose details of some of their current projects as evidence of how they carried out their business. It is also inconceivable that the US team would not question the propriety of MCR getting involved with the former disqualified Director Craig Whyte in buying a major brand name like RFC with the express purpose of profiting from its liquidation. So this must surely have been one of the issues which needed resolved prior to the acquisition being finalised. The most likely conclusion an honourable co like Duff & Phelps would do would be to secure a guarantee from MCR that the RFC prepack administration would be handled by the book and no side deals agreed with Whyte
    The first test of MCR`s “new and upright”stance came around Aug/Sept 2011. Inept Manager McCoist managed to exit both the CH and the Europa League. This caused a cash crisis which prompted Our Hero to withhold PAYE and NI from HMRC.
    MCR responded with “integrity or perhaps “deniability” and withdrew from helping Whyte liaise with HMRC. However D&P had clearly decided to continue working with Whyte as long as they were able to keep their hands clean
    ,,,,,,,,,,,,,,
    So in the lead up to Administration Whyte was withholding tax and dealing with HMRC on his own. He still believed D&P would become his chosen Prepack Receiver and ensure the liquidated assets were distributed according to his instructions.
    The prepack process commenced with RFC announcing they may have to go into administration. Presumably the plan was to wait another couple of weeks and then announce a prepack liquidation instead of announcing Administration
    Unfortunately HMRC has other ideas perhaps prompted by D&P at the instigation of their New York bosses. Hector moved for an immediate Administration by an Administrator of their choice. The Court agreed that Whyte could appoint his own Administrator if he could do so quickly.
    At this point Paul Clark made a fatal mistake. He knew an “Administrator” had different responsibilities from a “Prepack Receiver” and would not have the freedom to act in accordance with the original plan.
    But he also knew the Administrator role inside out and could clearly see opportunities to make a lot of fees by “playing it by the book”. He also knew MCR were compromised if details of the takeover arrangements became public Nevertheless he agreed that D&P would become Administrators of RFC
    This was a bad bad decision for D&P. Thereafter, they had no option but to clear all major decisions with New York. Meaning decisions like using a local media savvy co, avoiding press conferences, and distancing themselves from Whyte and the original plan at every opportunity
    The legal action by D&P to break the Ticketus contract was the first effort at double crossing Whyte
    However
    D&P could not progress any steps to sell RFC which require the consent of the owner. So all their actions with various buyers were doomed to fall apart if CW played hard ball. This may be the reason the Administration took so long.
    i.e. D&P were unable to sell RFC without the help of CW
    It looks like CW decided to sit it out until D&P(New York) became desperate. This desperation was driven by the knowledge that trying to sell RFC without the cooperation of CW was turning into a PR disaster.
    The fact that D&P UK were racking up fees, was now becoming a rod for their own back. These fees would eventually consume the entire Creditor pot. D&P desperately need to sell the business as a CVA or “going concern” to justify the fees they had accumulated. This would avoid the accusation that RFC could have shed staff and got more for Creditors by selling assets months previously
    But there were no buyers for a “going concern”…… i.e. a CVA
    The last straw was the Mark Daly programme which exposed the MCR conflict of interest
    D&P (New York) then faced the real possibility that their global reputation would be damaged if Clark, Whitehouse and Greir were found guilty of conflict of interest by the Insolvency Practitioners Association. The issue almost certainly gravitated to the Main Board of D&P New York It would have been a strategic concern of Corporate PR. I say this because the events which unfolded had all the hallmark of desperation. (A bit like the “Agreement” which solved the Miners’ Strike in 1971)
    In my view
    D&P New York took the decision to abort the RFC operation. D&P UK were instructed to do whatever deal they could with CW that got them out of the Administration role. The priority was escaping the media spotlight and minimising damage to the global reputation of D&P
    ,,,,,,,,,,,,,,,,,,,,,,,,,,
    This explains how Whyte and Green were able to squeeze ridiculous terms out of D&P
    Terms that achieved the following
    Green got all the incoming transfer fees for past deals
    Green got a rebate of up to £2.75m if any valuable players walked away
    The Ticketus deal would be allowed to roll over into Newco
    The CW and Close Leasing floating charges would transfer with the assets
    The SSC fixed charge over MP would transfer with the assets
    Green would become MD of RFC with immediate effect
    Green could renege on the deal at any time up to 31 July
    Fixed and floating charges would transfer to any Co nominated by Green
    The asset purchase agreement would take effect immediately the CVA was rejected
    The terms of the deal would be confidential
    ,,,,,,,,,,,,,,,,,,,,,,
    Then a bombshell struck
    Lord Hodge requested a report on the conduct of D&P during the takeover and afterwards D&P New York must have wet themselves at the implications of a UK Judge condemning the actions of their newly bought UK subsidiary. This challenged their global expansion into Europe via the UK
    What could they do?
    As a global business of integrity they had only one option which I fully expect to happen in the next couple of months
    i.e.
    Tell the truth and blame it on MCR.
    Fire the MCR naughty boys (Clark, Whitehouse and Greir)
    Offer full support to Lord Hodge for any enquiry
    State clearly that D&P New York would never have bought MCR if they had known about the 2011 actions of MCR
    ,,,,,,,,,,,,,,,,,,,,,
    Whyte has figured out the above and has concluded that he now needs D&P to be so discredited in
    their handling of the situation that Lord Hodge should seriously consider unwinding the Green Purchase Agreement
    If this happens we return to the status quo ante
    i.e.
    Whyte has a valid fc over the RFC assets and can claim Ibrox and MP in lieu of cash
    Ticketus are at the mercy of Whyte being forced to either sue a BVI Co or negotiate the rollover of the ST contract to any buyer of Ibrox
    Green is also at the mercy of Whyte if the purchase agreement is unwound. He may escape with the money raised from the IPO if he can rent Ibrox and MP from whoever owns the assets if and when the deal is unwound


  49. Long Time Lurker says:
    Sunday, October 21, 2012 at 21:34
    ————————————————
    Jack is untouchable, I’m afraid – too many friends in high places and names in his wee black book.
    Murray was nothing more than a barrow-boy with cold reading skills. Despite the damage he has inflicted on the game I believe there were others in his Court with a far more malevolent intent.

    That’s just my reading of it, anyway, and also out-with the remit of this blog.


  50. Long Time Lurker says:
    Sunday, October 21, 2012 at 21:34

    If the FTTT result and events to follow is as bad as some of us think that it will be, then (S)DM will more likely than not get a roasting from the media outwith Scotland.
    =====================
    This whole saga is of no more than passing interest outside Scotland. Sir David Murray is a total unknown in England. If RFC had been in the top flight of English football, the press would have been all over this story like a rash from day one, and I very much doubt that the perpetrators of this scam (because it is a scam, without a doubt) would have pushed their luck so far in those circumstances.

    But here in bonny wee Scotland, with a press corps who have been bought and paid for several times over by Sir David Murray, no questions are asked, and those who are running this scam just do as they damn well please, apparently with total impunity. The English press just aren’t interested, this all means nothing to most of their readers.

    Hirsute Pursuit and a few others seem confident that justice will prevail in the end. Let’s hope they are right. But sorry folks, personally I see no grounds for such optimism, and plenty of signs that the perpetrators will walk away, not only scot free, but with big bags of cash (yours and mine, in the end) into the bargain.

    I have experience of corporate insolvencies in England, and based on that, I find it simply unbelievable that any insolvency procedure could be conducted in the way this one has, in any country in the world that even pretends to operate under a rule of law.

    And so back to my favourite theme. Are RFC in liquidation yet? Are BDO investigating yet? No is the answer to both questions. So ask yourselves a simple question- why not? And the answer? Because our Scottish judiciary, at the highest level, have prevented the liquidation of RFC for over 4 months now.

    And while you are asking yourselves questions, try another- who has gained any benefit whatsoever from this unprecedented delay in liquidating RFC? Is it HMRC? No, try again. You the taxpayer? No. Blind justice? No. Sevco? Yes, got it in four. Sevco only managed to have the RFC membership of the SFA transferred to them because RFC had not already gone into liquidation, as they should have done weeks before. Otherwise it was the junior leagues for Sevco, since they couldn’t meet the requirements for a new member of the SFA.

    To my very simple way of thinking, 2+2=4. Sevco desperately needed a delay in the liquidation of RFC. What did Sevco get? A delay in the liquidation of RFC. I would be very grateful if someone could reassure me that such a delay in liquidation is not unprecedented. After asking several times already, I’m confident that it is unprecedented. So what I am supposed to make of that? Maybe the courts will void the administration, take D&P’s fees away, cancel the property transfers, etc, etc. Or more likely nothing of the sort. It really, really stinks.


  51. Neepheid @ Sunday, October 21, 2012 at 23:13

    Neepheid, I have the terrible feeling you may be correct. The question then arises, why?


  52. ‘Those employees are entitled to confidentiality and privacy (Mark Daly bad) no matter how you view the morality of their participation in a tax avoidance/evasion scheme.It was the tax due by RFC under PAYE that was in dispute.Not the employees’

    At least not for the moment..


  53. Just finished watching the Trump golf course documentary on BBC2, powerful stuff, anyone else catch it? You might ask just why I’m posting about it on here but I found it quite noticeable just how amenable those in power and the media are towards brash rich businessmen with big ideas (some might say moonbeams) and who don’t give a damn about any collateral damage.

    It reminded me of a certain Knight of the realm and a certain section of the scottish media that we all know and loathe!


  54. neepheid says:
    Sunday, October 21, 2012 at 23:13
    3 0 Rate This
    ===========================
    I think there is some room for optimism – but only because I believe HMRC have their eyes on the EPL and want to set a real marker.

    BDO will be given a wide-ranging remit to investigate (and challenge where necessary) D&P’s conduct in administration. Normally, what restricts the work of the liquidators is that there is no obvious source of funding for their fees. The appointment of Malcolm Cohen is IMO particularly significant. From that alone I think HMRC really do want BDO to forensically examine what has transpired and are prepared to fund it.

    The end-game is still some distance away – because they have a lot of peculiarities to examine; but, I do expect their involvement will open up a significant new chapter in this drama. BDO’s enquiries will, I believe, quickly leave a number of people unable to give to give convincing answers to some fairly straightforward questioning.

    How it all eventually pans out, I don’t know; but there are any number of hurdles to overcome before I’d be convinced that the new Rangers will finish this season.

    For the avoidance of doubt, I make no allegation of criminal behaviour by any person(s).


  55. Neepheid

    Good post. But you do realise that if you are correct in your assertion that there is corruption at the top of the judiciary, you just unearthed quite a few trolls on here! (smile)

    When someone comes on here posting, almost indignantly, that we need not even think about questioning the integrity of the judiciary, I feel like I have committed a grievous offence for having even entertained such ‘bad thoughts.’

    The pattern of behaviour from the Law Lords should be scrutinized on here.

    I’m certainly starting to question what ever happened to the Law needing to be SEEN to be done?


  56. SouthernExile says:
    Sunday, October 21, 2012 at 23:19
    ————————————————–
    It’s certainly not my intention, SE, and I’m not trying to pretend that I have any insider info.
    If I’m sounding like I do then I apologise for misleading you and everyone else. It may be my presentation, but that’s a matter of style over substance.
    There is plenty of information available if you want to track it down…it’s just a question of fitting it all together. And, as you can imagine, there is a lot of information to track. It’s only now, with the benefit of hindsight, that old info suddenly becomes more relevant and can finally be put in it’s place.

    When I first became interested in Murray about six years ago there were a few others on his trail – but not many. There are several contributors on here that have obviously read the same material, but this blog has a distinct and narrow focus – which should be respected.

    Nowadays I actually feel sorry for (-S)DM©. He’s ended up being in his worst nightmare. His
    monument will be Scotland’s Watergate. The real black hearts with the black arts were folk like,
    in no particular order: Alastair McCoist, Walter Smith, Ogilvie, Dallas, Dingwall and his type, Masterton, Gordon Smith, John Irvine, Grossart. (Others would add their own influences according to their specialist interest)
    Take their malignant influence away and Rangers (and Scotland) would now be in a much better place – no matter how modest their League position.


  57. neepheid says:
    Sunday, October 21, 2012 at 23:13

    ‘..But here in bonny wee Scotland, with a press corps who have been bought and paid for several times over by Sir David Murray, ..’


    No, with respect, they are not mercenaries in the usual meaning of the word.

    Some of them do it out of totally blind, unthinking but distorted love for the club and what it stands for..

    Others,even the more ‘decent’ guys like Archie, and Roddy, and Britney, are like the submariners in ‘Das Boote’:

    They claim to hate having to do the ‘sieg heil’ for the bast.rds that destroyed their club, in the same way as the crew ( or at least the officers) of the U-boat had disdain for the Nazis.

    But their emotional empathy with the rogue club leads them

    to seek justification of that club’s wrongdoing,

    and to claim that the club was in thrall to madmen, who did bad things to it as Adolph did to the Fatherland,

    but that it must nevertheless be protected and defended against the attacks of its ‘enemies’.


  58. More speculative than spectacular, I’d say. (smile)


  59. neepheid says:
    Sunday, October 21, 2012 at 23:13

    ==========================

    “Because our Scottish judiciary, at the highest level, have prevented the liquidation of RFC for over 4 months now.”

    —————

    Aye

    Men/Women! ; think Pulp Fiction guys/gals! Trust me-athiest!

    Revolutions don’t work!! 😉

    John. (I wish my sarcastic wink could be inventented …. now) ;


  60. tommythehat says:
    Sunday, October 21, 2012 at 16:07

    You may disagree but you would be either delusional or telling porkies.

    Jim Traynor’s laughable recent tv appearance (Note- Jim even washed AND ironed his usualy otherwise crumpled and food/sweat stained shirt too!) after TGEF showed his face–eyes a’ bulging and with that wacky accent. I was thrilled to see him back–and many good folk here and from RTC have been saying he was still very much relevant–but his brilliantly timed reappearance seemed to have caught some of the rogues out–and sitting on Newsnicht desperately trying to defend Sir Minty is despicable. Why did Newsnight question a hack, when the hack in question is now widely famous for being ‘the most succulent lamb..’ king of sycophantic journalism?? This was even demonstrated when the interviewer had a dig at Traynor–bloated Jim is known to be a Minty lickspittle by even Newsnicht journo’s–and is proud of it probably–but it’s only showing Jim for nothing more than a Murray PR instrument. Thats quite apparent to most of us, it’s just the DR’s prime demographic that are deemed too stupid to see the conflict…and the BBC apparently…

    Jim, it’s not your job to be on Newsnight defending Minty. Your supposed to be the one calling Minty, hanging about his house and offices and those of certain others to harvest opinion on TGEF’s claims, then sensationalise it all before publishing it and selling lots of papers on the back of the senastion. Simple really yet nothing from yourself or your rag of a paper. Never. It makes you wonder if Jim has a more concerning role within the Great Govan Train Crash and I wouldn’t bet against Jim being the recipient of a Minty EBT either–how well would this go down with Mirror Group shareholders, if such were to be the case? What about the BBC??

    If this clown is not on the brown bag pay-list of Minty then I will eat my metaphorical hat.
    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++==

    On “Your Call” on Saturday night Cosgrove actually asked Jim if he had ever received payment from Rangers and in JIms rude and not at all admired style he turned it into a joke by saying that they were more likely to pay him to stay away from them.

    In true Traynor style, when he is struggling with a topic, he attempted to deflect matters further by rambling on about how he never even got paid by Airdrie when with them on an “S” Form and that was why he left. Of course as we all know the “S” form was a contract that tied schoolboys to the club in the hope of being taken on and no payment was involved. So again Jimbo has got it wrong


  61. neepheid says:
    Sunday, October 21, 2012 at 23:13

    I agree with HirsutePursuit says:
    Monday, October 22, 2012 at 00:26 in that from the UK media perspective, after the initial fall out of from the story, how HMRC makes use of the FTTT decision to pursue other companies across the UK including other football clubs in the EPL and perhaps other divisions, will help to keep RFC and (S)DM in the public eye.

    I get the sense that AT will also keep the story going, as he is interested in the failing of corporate governance. His forward in Downfall, compares RFC with the failure of RBS and the lack of oversight from the Bank of England is equated to failings in the SFA.

    In addition, Only an Excuse may be funny this year 🙂


  62. Wonder what ‘big story’ the msm will use to cover the announcement of the FTT result? I really hope we don’t miss it!!! 😉 😉

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