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Commission statement
Wednesday, 04 June 2008.
The Regulatory Commission chaired by Peter Griffiths QC has conducted a series of hearings into over 40 charges of misconduct involving breaches of The FA and FIFA Regulations brought against Luton Town Football Club, its former Directors and a number of licensed agents.
Judgement was given on Wednesday at 4pm.
Chairman Peter Griffiths QC said (in his remarks prior to announcing the sanctions imposed):
“There may have been a public misconception following the announcement of The Football Association’s enquiry into the affairs of Luton Town Football Club in that it might have been thought by some that the Directors and Agents had been involved, using the vernacular, in ‘bungs’ and/or ‘backhanders’ or in some other form of corruption. We wish to dispel any such misconception. After exhaustive enquiry, the Regulatory Commission is satisfied that there were no ‘bungs’ and/or ‘backhanders’ passed on to Agents to facilitate the transfer of players and no corruption.
“Having said that, there can be no doubt that Luton Town Football Club, between July 2004 and February 2007 was run with a flagrant disregard for the Regulations laid down to protect the game. At the heart of the allegations laid against both Luton Town Football Club and two of its Directors, Mr Bill Tomlins and Mr Derek Peter, was the routing of payments to agents not through The Football Association as ought to have occurred but through an associated company, namely Jayten Stadium Limited. This was brought to the attention of The Football Association by an employee of the club itself.
“The person principally responsible for Luton Town Football Club’s serious misconduct was, without doubt, Mr Bill Tomlins, the former Chairman of the Club. During the relevant period he worked virtually full time as the principal Director, and was effectively its Chief Executive Officer. It was he who disregarded rules that he knew were in place to protect the game despite being warned informally that it was wrong.
“Of the former directors of Luton Town Football Club, the next most culpable was Mr Derek Peter, the Financial Director, a qualified accountant. It was he who, jointly with Mr Bill Tomlins, authorised the irregular payments from Jayten Stadium Limited to the Agents and indeed, continued to do so even after his fellow directors, Mr Richard Bagehot and Mr John Mitchell made it clear to both of them that all such payments should cease. That being said, the Regulatory Commission is satisfied that Mr Derek Peter was considerably less culpable than Mr Bill Tomlins.
“The remaining former Directors, Mr Richard Bagehot and Mr John Mitchell, both accepted one charge of failing to immediately notify the Football Association of Luton Town Football Club’s misconduct in accordance with their duty under FA Rule E.14. The relevant part of this Rule states:
'A participant shall immediately report to the Association any incident, facts or matter which may constitute misconduct.'
"The Regulatory Commission accepts that at the time when these two directors discovered what had occurred they were unaware of their duty to report. As directors of a Football Club they should have been.
“Finally, so far as the agents are concerned, they each faced one charge of failing to conclude a written representation contract prior to acting for Luton Town Football Club in the transfer in question. An important matter needs to be stressed here. Since the time when these agents committed these breaches the Regulations relating to agents have been significantly reviewed. The Regulatory Commission, obviously, has to approach the question of sanction in the light of the regulations as they then were. This is the reason why the Regulatory Commission intends to deal with them in a relatively lenient manner.”
The sanctions imposed are as follows:
Luton Town Football Club has had imposed upon it, in respect of 15 charges of misconduct, an overall sanction of a £50,000 fine along with a deduction of 10 points to be operative in the 2008/09 season.
Mr Bill Tomlins, in respect of 13 charges of misconduct has had imposed upon him an overall sanction of a £15,000 fine along with a suspension from all football and football activities for a period of five years.
Mr Derek Peter, in respect of 7 charges of misconduct has had imposed upon him an overall sanction of a £3,750 fine along with a suspension from all football and football activities for a period of one year.
Mr Richard Bagehot, in respect of a single charge of failing to immediately report the relevant wrongdoing to The Football Association has had imposed upon him the sanction of a Reprimand along with a £750 fine.
Mr John Mitchell, in respect of a single charge of failing to immediately report the relevant wrongdoing to The Football Association has had imposed upon him the sanction of a reprimand along with a £250 fine.
The agents concerned, namely Mr Andrew Mills, Mr Skylet Andrew, Mr Steven Denos, Mr Mike Berry, Mr David Manasseh and Mr Mark Curtis, in respect of a single charge which each faced of failing to have in place a written representation contract with Luton Town Football Club, have each received the sanction of a warning as to their future conduct.
Specific costs orders were made against appropriate parties.
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On 26 February 2008, the Luton Town FC 2020 consortium had their bid for the club conditionally accepted by the administrator. This meant that they are now custodians of the club until the bid is finalised by the football league and that the consortium will be in full control of the Luton Town Football Club until the end of the season.[citation needed] However, the club violated Football League rules in leaving Administration without having made a Company Voluntary Agreement with its creditors, as a result of which the Football League imposed a further 20-point deduction before the start of the 2008-09 season.[46] This means that Luton Town begins the 2008-09 season with -30 points, and will probably need to secure at least 73 points, normally a performance worthy of at least a playoff spot for promotion, merely to avoid relegation from the Football League. However, with Bournemouth and Rotherham both starting the season at -17 points,[47] Luton Town's chances of survival look slightly improved.
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For the start of the 2008-09 season, Luton have been deducted 30 points for insolvency and fined £50,000 for paying agents via a third party. |
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