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QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 6:22 pm

I have posted up a slightly more detailed account of the regulations and rules that QPR have allegedly broken and HAVE been charged with. This is to show the majority of readers who have no idea of the actual rules and regulations or how to find or search for them, that the FA speak of.

Queens Park Rangers FC has been charged with seven breaches of FA regulations.

The Club charges relate to the player Alejandro Faurlin and concern the alleged existence of an agreement between the Club and a third party in respect of the player’s economic rights, and the alleged failure by the Club to notify The FA of that agreement before the player was registered to play in England in July 2009.

These charges are brought under FA Rules C1(b)(iii) and E3, and the Third Party Investment in Players Regulations, A1 and A2.

Rule C1 (b) (iii) =
No Club shall enter into a contract which enables any party to that
contract to acquire the ability materially to influence the Club’s policies
or the performance of its teams in Matches and/or Competitions. This
Rule shall be applied in conjunction with any regulations governing Third
Party Investment in Players as may be adopted by The Association from
time to time.


Rule E3
E. CONDUCT
Misconduct
1 The Association may act against a Participant in respect of any “Misconduct”, which is
defined as being a breach of the following:
(a) the Laws of the Game;
(b) the Rules and regulations of The Association and in particular Rules E3 to 28
below;
(c) the statutes and regulations of UEFA;
(d) the statutes and regulations of FIFA;
(e) the rules or regulations of an Affiliated Association or Competition; and
(f) an order, requirement, direction or instruction of The Association.
2 The same facts or matters may constitute a breach of more than one rule, regulation,
statute or law referred to above, The Association may bring a charge or such charges as it
sees fit.


Rule A1 & A2
Club Obligations
1. No Club may enter into an agreement with a Third Party whereby that Club makes or
receives a payment to or from, assigns any rights to or incurs any liability in relation to, that
Third Party as a result of, or in connection with, the proposed or actual registration (whether
permanent or temporary), transfer of registration or employment by it of a Player, unless:
i. it is permitted under Regulation B below; or
ii. The Association has approved the arrangement in accordance with Regulation A.2
below.
2. Before registering a Player for a Club, The Association must be satisfied that there exist no
agreements between the Club or the Player and a Third Party under which a Third Party
will own or continue to own any registration or economic rights or the like in the Player
following registration. Consequently, unless otherwise permitted in accordance with the
requirements of Regulation B below, a Club must submit to The Association any written
contract and the details in writing of any oral contract or agreement that it proposes to
enter into which involves a Third Party:
(a) selling, granting, acquiring or otherwise transacting any rights whatsoever in
relation to the registration of the Player, the transfer of registration of the Player or
the employment of the Player; and/or
(b) making or receiving any payment whatsoever, either directly or indirectly, in
relation to the registration of the Player, the transfer of registration of the Player or
the employment of the Player.
In deciding whether to approve such matters, The Association shall have regard to the
requirements of its Rules and Regulations (including without limitation these Regulations
and the Rules on Dual Interests) as well as the Rules of FIFA and of any relevant Competition


The Club and Club Official Gianni Paladini are also charged in respect of allegedly false information contained in documents submitted to The FA in relation to the same player signing an extension to his playing contract with the Club in October 2010. These charges are brought under the Players Agents Regulations, C2, and FA Rule E3.

Rule C2 =
2 A Club, Player or Authorised Agent must not so arrange matters as to conceal or
misrepresent the reality and/or substance of any matters in relation to a Transaction or
Contract Negotiation.


FA Rule E3 =
E. CONDUCT
Misconduct
1 The Association may act against a Participant in respect of any “Misconduct”, which is
defined as being a breach of the following:
(a) the Laws of the Game;
(b) the Rules and regulations of The Association and in particular Rules E3 to 28
below;
(c) the statutes and regulations of UEFA;
(d) the statutes and regulations of FIFA;
(e) the rules or regulations of an Affiliated Association or Competition; and
(f) an order, requirement, direction or instruction of The Association.
2 The same facts or matters may constitute a breach of more than one rule, regulation,
statute or law referred to above, The Association may bring a charge or such charges as it
sees fit.


The FA can confirm an Independent Regulatory Commission will shortly hear charges brought against QPR in relation to alleged breaches of FA Rules.

The hearing will commence on Tuesday 3 May, with a decision due on Friday 6 May.

It is of MY OPINION ONLY that judging on the above rules that have allegedly been broken, There is no way that a fine will suffice of the above misconduct. The FA have obviously already have the evidence they need, and is now subject of the I.R.C. agreeing with the Charges the FA have already issued. Just one of the above rules in each section have already cost clubs in the past, severe point deductions.

Make of that what you will.

Craig.

Rules of the Association & Laws of the game. The FA Handbook (PDF) -> http://www.thefa.com/TheFA/~/media/File ... -11-v1.pdf

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 6:31 pm

Thank-you for that Merlin that helps a lot.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 6:52 pm

What kind of appeal process are they entitled to if deducted points?? As haven't they been charged already last month, which they denied and appealed against already?

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:13 pm

Just to put some meat on the bones of the process here are the FA Regulations relating to charging clubs or individuals with misconduct;

3.2 Where any facts or matters give rise to alleged Misconduct by a Participant under Rule
E1 (b)-(f) of the Rules of The Association, The Association will serve on the Participant
concerned (the “Alleged Offender”) a written Charge (“the Charge”) which shall:
(a) State briefly the nature of the alleged Misconduct;
(b) Identify the provision(s) alleged to have been breached;
(c) Give a statement of facts relied upon;
(d) Provide copies of documents or other material referred to in the Charge.


In short the FA at the time it issued the charges will have supplied QPR with copies of the FACTS on which the charges have been brought.

4.3 The Alleged Offender must within seven days of the service of the Charge serve on
The Association a written answer (the “Answer”) which admits or denies each alleged
misconduct and states whether the matter is to be dealt with:
(a) on written submissions alone under Regulation 5 below, in which case full details
of any defence must be included in the Answer; or
(b) at a hearing under Regulation 6 below, in which case full details of any matter
relied upon in defence of the Charge must be included in the Answer and a fee
submitted of £100.


QPR have requested that the matter be dealt with under Regulation 6 better known as a Personal Hearing but as you will note Full details of ALL facts to be relied upon in defence must be submitted so effectively each side is in possession of ALL facts to be considered by the panel and the names of any witnessess to be called at the hearing.

Decisions
7.1 The Regulatory Commission will consider its decision in private, and first consider whether
or not the Charge of Misconduct is proved. If it is so proved, then the Regulatory Commission
shall inform the person or Club subject to the Charge of this decision and invite them to
raise matters in mitigation. However, if the Charge is admitted the Regulatory Commission
shall deem it proved and move straight to considering submissions as to mitigation. Having
heard such submissions as to mitigation, the Regulatory Commission shall retire to consider
the appropriate sanction.
7.2 A decision of the Regulatory Commission will (save where stated in these regulations as
to be exercised by the chairman of the Regulatory Commission alone) be determined by
a majority. Each member of the Regulatory Commission shall have one vote, save that the
chairman of the Regulatory Commission shall have a second and casting vote in the event
of a deadlock.
7.3 The applicable standard of proof shall be the flexible civil standard of the balance of
probability.


This sets out how the panel must come to a decision on the evidence submitted and it is important to consider that the applicable standard is THE FLEXIBLE CIVIL STANDARD OF THE BALANCE OF PROBABILITY.

So from what we ALL know ask yourself this question was the player Faurlin the subject of 3rd Party Interest at the time of his initial registration to QPR. On the balance of probabilty you would have to say YES, result the club are guilty as charged.

Again ask yourself on all evidence we are aware of did QPR inform the FA of the existence of a 3rd Party Agreement involving the player at the time of his original registration. On the balance of probability you would have to say NO, result the club are guilty as charged.

The club being found guilty on these 2 points which I understand make up 2 of the 7 charges makes the players registration null and void under FL Rule 40.1. This means the player is ieligible to play in ANY FL games for the club and that brings in a further 2 charges.

The more you look at this you can see how deep a hole QPR have dug for themselves here and I don't care what NW says about having spoken to an Independant Barrister who has informed him there is nothing to worry about well how on earth is he in a position to comment.

All material evidence has been submitted weeks ago and cannot now be changed how has this guy got hold of the information this a smoke screen from Mr Warnock in my opinion.

My point is this process is quite simple and there is not going to be aby twists and turns like some hollywood movie this hearing will consider the facts based on the balance of probability.

I say on the balance of probability QPR are up a certain creek without a paddle. :ayatollah: :ayatollah: :ayatollah:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:23 pm

Oh I'd feckin luv it, if they lost promotion. :ayatollah:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:30 pm

:lol: :lol: :lol: :lol: :lol:

THE DESPERATION IS KICKING IN NOW FELLAS!! YOU DIDN'T SEEM SO VOCAL WHEN 2ND SPOT WAS YOURS :roll:

POOR SHOW CARDIFF POOR SHOW..ROLL ON 6TH MAY CAN'T WAIT!! :D

It's a shame because 99% of your decent fans are not salivating at the thought of a points deduction.

The vultures are circling :old:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:33 pm

Stan-QPR wrote::lol: :lol: :lol: :lol: :lol:

THE DESPERATION IS KICKING IN NOW FELLAS!! YOU DIDN'T SEEM SO VOCAL WHEN 2ND SPOT WAS YOURS :roll:




Stan on the balance of probability you're probably right. :lol: :lol: :lol: :lol: :lol:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:34 pm

Stan-QPR wrote::lol: :lol: :lol: :lol: :lol:

THE DESPERATION IS KICKING IN NOW FELLAS!! YOU DIDN'T SEEM SO VOCAL WHEN 2ND SPOT WAS YOURS :roll:

POOR SHOW CARDIFF POOR SHOW..ROLL ON 6TH MAY CAN'T WAIT!! :D

It's a shame because 99% of your decent fans are not salivating at the thought of a points deduction.

The vultures are circling :old:


Personally I think we'll get 2nd, but surely you have to admit that it doesnt look good for you.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:45 pm

Little snippet for you ask Carl Curtis to find out & I'm sure he can

Fee agreed with the FA by QPR to pay compensation.

Remember where you heard it first ;)

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:48 pm

Stan-QPR wrote:Little snippet for you ask Carl Curtis to find out & I'm sure he can

Fee agreed with the FA by QPR to pay compensation.

Remember where you heard it first ;)



I will :lol:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:49 pm

Stan-QPR wrote:Little snippet for you ask Carl Curtis to find out & I'm sure he can

Fee agreed with the FA by QPR to pay compensation.

Remember where you heard it first ;)



:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:51 pm

Stan-QPR wrote::lol: :lol: :lol: :lol: :lol:

THE DESPERATION IS KICKING IN NOW FELLAS!! YOU DIDN'T SEEM SO VOCAL WHEN 2ND SPOT WAS YOURS :roll:

POOR SHOW CARDIFF POOR SHOW..ROLL ON 6TH MAY CAN'T WAIT!! :D

It's a shame because 99% of your decent fans are not salivating at the thought of a points deduction.

The vultures are circling :old:


All I posted is facts, I don't care whether Cardiff do or don't get promoted as a result of QPR's illegal player registration...

I'm just trying to simplify the rules and regulations for those that don't quite understand the situation QPR are in....

By the way, your recent posts seem to suggest you're starting to get a little worried?

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:52 pm

Like you stan....we in Cardiff just like a level playing field.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:53 pm

More worried about what pair of Claire Rayners to wear tomorrow pal. :ayatollah:



Brick-6TH May will show everyone what they've wanted to see. ;)

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:55 pm

I understand the balance of probabilities test, but I wonder how much notice the FA will take of mitigation?

From what I can see QPR did register Alejandro Faurlin without informing the FA of a third party agreement BEFORE the FL incorporated the FA rules in July 2010.

I know that makes no difference but if they mitigate it really was 'an honest mistake' and pointed to the fact they bought out the third party agreement as soon as the FL adopted the FA regulation, then I wonder if that does leave enough scope for the FA to impose a heavy fine rather than a points deduction?

That said I do remember AFC Wimbledon being deducted points because they made an honest mistake when registering Jermaine Darlington form us simply because they forgot to get International clearance from the Welsh FA, something that only happens with transfers from the 6 Welsh based clubs.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:56 pm

Stan-QPR wrote:Little snippet for you ask Carl Curtis to find out & I'm sure he can

Fee agreed with the FA by QPR to pay compensation.

Remember where you heard it first ;)


:laughing3:

Brilliant.....

So QPR plucked a figure out of the air and the FA agreed with it..... ;)

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 7:59 pm

Tony Blue Williams wrote:I understand the balance of probabilities test, but I wonder how much notice the FA will take of mitigation?

From what I can see QPR did register Alejandro Faurlin without informing the FA of a third party agreement BEFORE the FL incorporated the FA rules in July 2010.

I know that makes no difference but if they mitigate it really was 'an honest mistake' and pointed to the fact they bought out the third party agreement as soon as the FL adopted the FA regulation, then I wonder if that does leave enough scope for the FA to impose a heavy fine rather than a points deduction?

That said I do remember AFC Wimbledon being deducted points because they made an honest mistake when registering Jermaine Darlington form us simply because they forgot to get International clearance from the Welsh FA, something that only happens with transfers from the 6 Welsh based clubs.


So why didn't they just buy out the 3rd party in the first place?

If that was an honest mistake - what about the other 6 honest charges that have been brought against them? were they all honest mistakes too?

Misconduct (misleading the FA with altering or producing false documentation) now thats a biggy!

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:03 pm

Merlin wrote:
Stan-QPR wrote:Little snippet for you ask Carl Curtis to find out & I'm sure he can

Fee agreed with the FA by QPR to pay compensation.

Remember where you heard it first ;)


:laughing3:

Brilliant.....

So QPR plucked a figure out of the air and the FA agreed with it..... ;)


Very naive Merlin very naive.

Anyway keep researching mate the desperation must be playing havoc with you're blood pressure!! :shock: :lol:

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:07 pm

should it affect their points they have accumulated this season? even though it was last season that he was ineligible

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:09 pm

Stan you answered in another post....

If I had to give you an answer I could only say because its down to procedure. They can't say here you go QPR you owe us a £250k fine pay up please. Its a system that has to be adhered to ie: charges are made, club has 14 days to respond, they respond within the allocated time & the next step is a hearing. I don't see anything sinister in that. We could well have a hearing & walk away virtually scott free (small fine) we are just following a system that's been put in place.

I'm not expecting a point deduction of any kind BUT if it turns out we do then 3 points maximum.


If QPR were charged, why didnt they admit to the charges and accept the punishment. They never - they denied the charges and appealed. they denied the 7 charges because they believe they are not guilty of the said charges. I find it extremely difficult that an I.R.C will find QPR NOT guilty on production of the FA's evidence that has already been acquired.

Your claims of a fee agreed with the FA and QPR are wild and ludicrous when the hearing (which QPR appealed into) is not even until the 3rd May.....

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:10 pm

OK my standard response from now on will be simple;

'6TH of May we will all know the outcome. Thank you'

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:11 pm

perko84 wrote:should it affect their points they have accumulated this season? even though it was last season that he was ineligible


dont mention the word inilegible to Stan!! :lol: he states that is impossible, even though a 3rd party owned his economical rights up until january 2010. Which means Faurlin had already competed in a number of games this season. ;)

Are you expecting us to time travel back into time to punish QPR and stop them from competing in the Championship.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:14 pm

It has emerged the FA has been investigating the case since September when QPR asked for permission to buy out a third party that owned Faurlin's economic rights.

The club was prompted to do this by the Football League's introduction of rules prohibiting the third-party ownership of players.

The league told QPR they would have to notify the FA of their plans and it then became apparent the club may have been in breach of FA regulations for over a year.

http://news.bbc.co.uk/sport1/hi/footbal ... 421321.stm

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:14 pm

i for one couldnt give a monkeys if we go up cos the rangers misappropriated their form filling, facts are precedents have been set in the past, and the FL are duty bound to act accordingly. dont buy into this stuff that all deals are done and dusted. none of the people are absolutely sure of what will happen, dare i say even the respective club chairmen until the decisions are made.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:26 pm

just found this

http://www2.warwick.ac.uk/fac/soc/law/e ... ber2/geey/

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:32 pm

sleepwalker wrote:just found this

http://www2.warwick.ac.uk/fac/soc/law/e ... ber2/geey/


For the 2010/11 season TP ownership over player or economical rights of a player under the jurasdiction of the FA/FL are Prohibited.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:33 pm

As someone who works in the legal field (Car Accidents/Personal Injury) I always take the view that there are always two sides to every story and as such I have tried, as best I can, to keep an open and impartial mind with this.

However, the more I think about this situation the more I worry for QPR and its loyal supporters.

My first port of call is to forget about any punishment and to concentrate on the 7 charges and those alone. The question has to be were they guilty or were they not. It is my opinion, from what I have read, that QPR will be found guilty of at least some of the charges if not all.

Before considering any penalties I would then be asking was the offence committed in 2009/10 or 2010/11. This, for me, is very relevant as if the offence took place in 2009/10, and QPR received a minimal 10 point penalty, then they would have been relegated - and not even playing in the Championship this year. This, to me, is a very major consideration. Lets not forget that Plymouth and Sheff Wed have almost gone out of business due to their relegation.

If QPR are found guilty then the penalties should follow automatically, in respect to points deductions. The rules already state what points should be deducted and this should follow automatically. There should be no major discussion on this point. This is why I think there will be a minimum of 18 points. If the false document is proven I would expect a possible further 20-30 points on top of the 18 with a possible relegation considered by the FA. I personally think it could be that serious. A major fine would of course come with that.

If these charges are proven I feel sorry for QPR supporters. But ultimately the FA must, and I am sure will, ensure the credibility of their league.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:35 pm

No decision has been made, just a load of rumors flying about from every direction. Just wait till week friday and we'll find out exactly what went on and what their punishment is.

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:35 pm

Paul Keevil wrote:As someone who works in the legal field (Car Accidents/Personal Injury) I always take the view that there are always two sides to every story and as such I have tried, as best I can, to keep an open and impartial mind with this.

However, the more I think about this situation the more I worry for QPR and its loyal supporters.

My first port of call is to forget about any punishment and to concentrate on the 7 charges and those alone. The question has to be were they guilty or were they not. It is my opinion, from what I have read, that QPR will be found guilty of at least some of the charges if not all.

Before considering any penalties I would then be asking was the offence committed in 2009/10 or 2010/11. This, for me, is very relevant as if the offence took place in 2009/10, and QPR received a minimal 10 point penalty, then they would have been relegated - and not even playing in the Championship this year. This, to me, is a very major consideration. Lets not forget that Plymouth and Sheff Wed have almost gone out of business due to their relegation.

If QPR are found guilty then the penalties should follow automatically, in respect to points deductions. The rules already state what points should be deducted and this should follow automatically. There should be no major discussion on this point. This is why I think there will be a minimum of 18 points. If the false document is proven I would expect a possible further 20-30 points on top of the 18 with a possible relegation considered by the FA. I personally think it could be that serious. A major fine would of course come with that.

If these charges are proven I feel sorry for QPR supporters. But ultimately the FA must, and I am sure will, ensure the credibility of their league.


I'm starting to feel sorry for them now....

Re: QPR - Their Charges, and the rules broken

Wed Apr 27, 2011 8:40 pm

griffy wrote:No decision has been made, just a load of rumors flying about from every direction. Just wait till week friday and we'll find out exactly what went on and what their punishment is.


The decision will be made after the hearing on the 3rd of May. (6th may)

Rumours are like Stans - "QPR and the FA have already agreed a figure to be fined!" :lol:

all we have posted above is the rules and regs. and the facts etc etc. We aren't spreading rumours as to what charges will be proved guilty and what punishment will be dished out. That is for you to look at and decide for yourself?

:ayatollah: