On Friday, a three-man independent panel convened by the Premier League opted to dock Everton 10 points for violating the competition's profit and sustainability rules (PSR). Everton have said they will appeal the punishment and, in a written statement, said they would "monitor with great interest the decisions made in any other cases concerning the Premier League's Profit and Sustainability Rules."
This was a not-so-veiled reference to Manchester City, who are facing 115 charges of breaching PSR (to Everton's one), and possibly Chelsea, who are currently under investigation for alleged wrongdoing between 2012 and 2019. Some suggest that the hard line taken against Everton means some sort of seismic punishment awaits City and/or Chelsea if they're found guilty.
Tempting as it might be to jump to the conclusion that if Everton get docked 10 points for one violation, then City would 1,150 points taken away for their 115 breaches, that's not the way it's likely to work. Why? Because there are very different charges in very different circumstances.
Here's a Q+A to make sense of it.
OK, what makes the cases so different?
Everton were charged with violating PSR rules for the three seasons ending with 2021-22. The maximum losses allowed in that period -- after allowing for all sorts of adjustments based on COVID impact, youth development and other costs -- were £105 million. The Premier League maintains their losses amounted to £124.5m, while Everton contend they simply accounted for certain payments differently and dispute the interpretation of some of the accounting practices. They also dispute the size of the punishment.
There's no suggestion that Everton were wilfully dishonest or deceitful. Manchester City, on the other hand, are charged with failing to give "a true and fair view of the club's financial position," of failing to "include full details" of player and manager remuneration, and of failing to cooperate with Premier League investigators.
I don't see how you can compare the charges in any way. Everton were profligate, took unnecessary and frankly stupid risks -- like reportedly budgeting to finish sixth when, in fact, they ended up 16th -- and in the view of the independent panel, they took some liberties with creative accounting, possibly in good faith. City, on the other hand, are accused of flat-out cheating with some of their charges. These aren't the sort of things you hope to sneak past regulators, and they're not errors you make in good faith. If proved, they're on a whole different level.
It's the difference between getting caught speeding, and getting caught speeding with some sort of radar jamming device in your car that allowed you to speed without getting caught.
Is that why UEFA banned City from European football for two seasons back in 2020?
Pretty much. And bear in mind: that was the maximum ban they could give and that was based only on a portion of the charges the Premier League are bringing against them.
But wasn't the UEFA ban overturned on appeal? What makes the Premier League think their case is more solid?
That's right: it was overturned by the Court of Arbitration for Sport, who found that "most of the alleged breaches were either not established or time-barred."
Regarding "time-barred," the Premier League is counting on the fact that unlike UEFA, there is no statute of limitations. When it comes to whether the breaches were not established, they'll have to be able to prove their case and as we saw with UEFA, that may not be straightforward. In any case, City deny the charges and say they "welcome" the opportunity to clear their name.
