Man City FFP appeal verdict causes Premier League major headache as plans for ‘maximum’ punishment are leaked

A final decision on the sanctions that Manchester City should face for breaching 114 counts of FFP could take months to resolve, with an expert revealing a fascinating insight into the appeals process and with the Premier League keen to impose what’s been described as the maximum punishment possible.

The eight-time champions have been found guilty by the authorities of creating a raft of sham commercial deals that swelled their finances by some £830m over a nine-year period between 2009 and 2018, allowing them to spend freely on the transfer market and ultimately aiding their trophy success.

However, as a separate body decides on the most suitable course of action and what punishment the Cityzens should receive, the club have already lodged an appeal against the verdict and could take the bid to clear their name all the way to the High Court.

But that appeal process could ultimately drag out the whole saga, even though the Premier League are eager to reach a rapid verdict on the process to ensure all parties – plus other member clubs – have a clear picture of what happens next.

To that end, it was claimed on Monday that City should soon find out the punishment which is due to come their way, albeit with the ‘doomsday scenario’ – demotion out of the EFL entirely – now ruled out.

Nonetheless, financial expert Stefan Borson has revealed that City’s appeal process will ultimately deny the Premier League the chance to announce a quick verdict.

Speaking to talkSPORT, Borson said: “I think it’s quite hard to know exactly where we are in the whole order of process because the appeal may or may not go before a sanction hearing.

“It seems to me it would be sensible for the parties to agree that the appeal to the liability part, i.e. how many of the 115 (charges) City have breached, that appeal would take place before we have a sanction hearing.

“Now, there’s also just the practical aspect of actually getting the same people to go through two separate processes.

“So, the sanction hearing will have both sides’ legal teams presenting, based on the independent commission’s findings, their position on sanction. That will be the starting point and also the mitigating and aggravating factors.

“That in itself is a process that needs preparation and time for the lawyers. What I don’t think can happen is a situation where they try and run both processes simultaneously.

“The preparation time required for the full appeal of the liability phase, i.e. whether they have done it or not, that to me can’t be run while they’re also being distracted on a sanction hearing.

“There’s a lot of talk about how this is going to go quick. It just seems to me that it’s very unlikely that that’s the case.”

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Man City FFP: Premier League now in a difficult spot

With other member clubs all looking for a quick verdict so everyone knows where they stand, there could ultimately be a major player taken out of the title race and one less relegation spot for those fighting at the wrong end of the table – Borson admits the Premier League now finds itself in a tricky position.

“The problem everyone has got is that there’s a lot of pressure for this to be done and dusted now, which is understandable of course,” he added.

“But what it misses is that the Premier League are pushing the briefing that the latest rulebook applies in that the hearing can happen in 12 weeks and there’s a decision very quickly, and the hearing itself is only five days.

“I think that is very unlikely to be the case. Certainly, the parties do not agree at this point, so there’s going to have to be a hearing even to decide that part.”

“Generally, in terms of process, it would make sense for them to deal with liability, then for it to be passed back for sanction; the City will then inevitably, if found to have breached any of the 115, appeal the commission’s sanction hearing.

“So there’s still a process, and that’s why I think the idea that it can all be squashed into the remaining part of the season, although in a logical sense there’s loads of time left, the reality is we’re on October 20, and there are probably 1,000 pages in that decision.

“And City have already said that their approach on appeal is going to be forensic and not only look at law, principle, but also at the facts of the case.”

Premier League want to impose maximum sanctions

In relation to the Daily Mail’s claims on Monday that the Premier League want to impose a points sanction that would guarantee relegation, together with further sanctions that will effectively block their promotion next season, Borson has had his say on how he sees it all playing out.

“They’re saying they’re going to get on with things as much as possible, but what I’m saying is, my information is things are not all rosy and agreed between the parties about rule books, about processes, about staging.

“Therefore, there’s going to have to be hearings that decide the order of events and, most importantly the timing that is going to be allocated to each bit of the process.

“It would not surprise me, for example, if instead of five days of appeal for the liability part, we need four weeks minimum.

“These are very, very serious matters, very, very serious findings so far from the Independent Commission, but City will say that fairness demands they are given as much time as necessary in that appeal process to go through all of their arguments.”

Asked if that could result in the Premier League being forced to effectively halt handing out a punishment verdict now, he added: “I think so. If it was something that is irreversible i.e. relegating them and then being corrected later, City would argue that was irreparable damage.

“Therefore, I think it’s unlikely any sanction is implemented before the expiry of the appeal process on sanction.

“So I do think that it seems to me that you have to go through the various stages, they do have to complete those appeals before the actual punishment is laid down on City. I just can’t see any other way.

“City will say that until the appeal has been decided, there is risk of irreparable harm, and I think that’s something they will accept.”

With regard to City’s punishment, one of the club’s former players, Peter Schmeichel, has made clear his wish to see an astonishing 125-point penalty imposed, though over a five-season period.

Elsewhere, an Arsenal legend has boldly claimed that the City FFP saga will be “all over” within weeks and has also revealed what he’s heard their punishment will be.