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Originally posted by Sherlock Holmes
reply to post by shmo5
The SFL are the regulators of the 3 leagues below the SPL. Consequently, they are the ones who set the rules, and it's up to the clubs to meet these rules.
If Dundee, or any of the other league clubs, don't agree to the SFL rules, then they are entirely within their rights to remove their club from the SFL and form another league.
Football clubs are not like other businesses, otherwise Dundee FC would have been liquidated a long time ago.
From what I've read, Dundee used money, that should have been put aside to pay off HMRC, to buy a couple of new players. This is defrauding the taxpayer, and they are very lucky to still be in existence, let alone retaining their Division 1 status.
They could have been wound-up, and had their assets sold off to partially repay their tax burden.
The tough laws on teams going into administration on multiple occasions are to prevent teams from splashing out with money they can't afford, while knowing that if it all goes wrong they will only suffer a 10 point penalty.
A calculated gamble, if you will.
Dundee fans weren't complaining when they were splashing ridiculous amounts of cash on transfers and/or wages. eg. Claudio Caniggia. Nor were they complaining when they were finishing 3rd in the SPL and going on a couple of forays into Europe.
Also, you should be pleased that the team is on a 15 game unbeaten run and have moved up to 7th. Normally, a 25 point deduction would see most teams involved in a relegation battle.
Originally posted by shmo5
It doesnt mean that they can justify punishing the club again for something for which they have already been punished. Also the first time we where in admin we where in the SPL which is out of the jurisdiction of the SFL, yet they can use it as an "example" of one of our crimes.
Originally posted by shmo5
Im sure the administration laws work exactly the same as other businesses in that an administrator is appointed and if the business can not be saved they are liquidated.
Originally posted by shmo5
As far as im aware we didnt even miss a payment of the agreed payment plan, which is legal and used by almost every other club in britain, it was only when Callum Melville resigned that HMRC decided to demand all their money at once.
Originally posted by shmo5
They could have but where deamed savable by the administrator, the exact same as it would have been for any business that goes into admin.
Originally posted by shmo5
Thats just it there are NO laws against teams going into admin more than once. the only rules that the league have are for going into admin itself regardless of how many times its happened before.
Originally posted by shmo5
No we were'nt, not sure what your point is with this.
Originally posted by shmo5
Im very Happy that we're on this run any fan of any team would be regardless of financial situation.
Originally posted by Sherlock Holmes
I imagine the SFL must include the provision for dictating the punishment at their own discretion.
Being in the rule book doesn't necessarily make something right, of course, but the rules apply to all teams, and I'm sure that all clubs had to agree to these before the season started.
I believe a certain amount of leeway is given to football clubs who become insolvent because they are an integral part of the local community.
Portsmouth, for example, narrowly avoided being wound-up, and got away with only paying 10p in the pound to their creditors !
I can't see other businesses being let-off so easily, especially when football clubs have got many assets that could go a long way to paying off some of their debts, such as their ground ( if they own it outright ), training ground, players etc.
I must confess that I don't know all of the ins and outs of this case in its entirety. I am going off articles that I've read on the situation, and it did mention spending money on player transfers that should have been earmarked to pay off HMRC.
I imagine HMRC decided to demand the money immediately after your previous chairman resigned due to the future of the club being very uncertain. They were probably trying to get what they could, seeing as they may have ended up with nothing if the club went bust.
Maybe so, but the punishment that was handed out probably factored in it being the second time that they had gone into administration in 7 years.
Surely if this was that unfair, then after Dundee failed in their appeal, shouldn't they have taken legal action against the SFL ?
A player such as Caniggia, who may have been a bit ''over the hill'' at the time, could still have probably gone to Qatar or the USA to earn a nice pay-packet, which strongly suggests that what Dundee were offering him must have been extremely financially lucrative.
This should have raised eyebrows amongst Dundee fans there and then, as Dundee were living well beyond their means, and the way that the club was being run was not financially sustainable.
Football fans never complain about the financial situation when times are good, and are happy to see their team succeeding regardless of the finances, yet as soon as - if you'll pardon my French - things go tits up, they start their hand-wringing and complaining about how ''hard done by'' they are when they get punished by the footballing authorities.
This is why I have limited sympathy for fans in these situations, as if they took a far more proactive approach to their club's finances, when things are going smoothly, then these financial meltdowns may be more preventable.