Monday 18 June 2012

Fit and Proper you're having a bubble Part II


Part II of the look at why the Fit and Proper Persons test has failed time after time. If this was played out in Hollywood and on the big screen I'm sure we wouldnt bat an eyelid. Sadly this is real life and as fans of the clubs affected the facts deserve to be documented for all to see but at the end of the day will any governing organisation ever be held to account for their failings in being unable to identify those who were actually 'Fit and Proper' to run a football club. Sadly I doubt it. So where have things gone wrong?

Notts County

http://www.youtube.com/watch?v=FH-p0SLL4vw The Trillion Dollar Con Man of Notts County

In 2009 the oldest club in the history of the football league Notts County were under the ownership of a supporters trust. They took the decision to sell out to an investment group called Qadbak Investments Ltd, a company registered in the British Virgin Islands, for the sum of just £1 after being promised that millions of pounds were to be lavished upon the squad.

All started seemingly well enough when the ex-England manager Sven Goran Eriksson was appointed manager of the struggling League Two side. He was quickly joined by ex-England International and former Pompey player Sol Campbell.

The deal had been ratified by the football league and the football league approved Abid Hyat Khan who passed their fit and proper persons test. Khan claimed to be a Royal Prince and had managed to provide the Football League with a guarantee from First London Bank for the sum of Five Million pounds in the form of a legal affidavit. What the football league checks failed to show up was the money was being guaranteed by part of the bank that didn’t exist anymore and Abid Hyat Khan was no more of a prince than you or I and is wanted by British Police in connection with a one million pound fraud.

It was claimed by the BBC Panorama programme that the man actually being the takeover of Notts County was a convicted fraudster by the name of Russell King. King had been convicted of fraud when he claimed the insurance on a car he had claimed had been stolen and subsequently served time for this offence. This conviction would have seen King unable to pass the fit and proper persons test but with Khan as a front man he was able to bypass any checks that were undertaken by the football league.

Within months everything has started to unravel at Notts County with everything having been paid for using credit. Bills went unpaid and the club was left holding a debt of seven million pounds in the red and facing administration. The takeover was subsequently investigated by the Serious Fraud Office.

End Result: Fit and Proper Person Test 0 Convicted Fraudsters 1

Manchester City

On June 21st 2007 the former Prime Minister of Thailand Thaksin Shinawatra purchased Premier League side Manchester City for the sum of £81.6 million. Shinawatra had been ousted from power in a Military Coup whilst he was abroad. The Thaksin government faced allegations of corruption, authoritarianism, treason, conflicts of interest, acting non-diplomatically and muzzling of the press. Thaksin himself was accused of tax evasion and selling assets of Thai companies to international investors. Independent bodies such as Amnesty International criticised Thaksin’s human rights record. Thaksin was also charged for concealing his wealth during his Premiership. When his assets were frozen by the new government and charges brought, Thaksin was forced to sell the club and received a reported £200 million in September 2008 from Abu Dhabi United Group.

Thaksin was subsequently convicted of the charges brought against him.  Despite the allegations and subsequent conviction of these crimes, he still managed to pass the fit and proper persons test without any problems.

End Result: Fit and Proper Persons test 0 Corrupt former Prime Ministers 1

Birmingham City

In 2007 a Hong Kong businessman by the name of Carson Yeung emerged from near obscurity to buy a 29.9 per cent stake in Birmingham City. At the time he hoped to raise the necessary funds to fully takeover the club but failed to do so and the club were subsequently relegated from the Premier League only to bounce back at the first time of trying from the Championship.

Mr Yeung is the Chairman and Executive Director of Grandtop, an investment, entertainment and sportswear firm that was incorporated into the Cayman Islands. According to company records, Grandtop at that time hadn’t made any money in the previous four years. The Telegraph carried out an investigation into Mr Yeung and his associates and found that some of them have clashed with authorities in the far east. Birmingham City appointed Peter Pannu, a former Hong Kong police officer as the clubs new finance chief.

During the 1990s, Mr Pannu had made headlines several times, most notably when he and his associates were accused of accepting HK$20,000 (£7,000) from Andely Chan, the Sun Yee On Triad boss. They pleaded not guilty to the charges. Mr Pannu was acquitted of the charges in 1996 after Chan was murdered in Macao and another witness told the court that he no longer wished to testify in the court case. Mr Pannu was also acquitted of other charges after a judge said any police policy of mixing with Triads 2to keep one’s finger on the pulse of the underworld” was “fraught with dangers for all concerned.”

Pollyanna Chu who helped to finance Grandtop’s bid was fined 12 years previously by Hong Kong’s financial regulator, the Securities and Futures Commission, for acting a commodities dealer without a licence. Mr Yeung had arranged to borrow £57 million from Best China, a company owned by Mrs Chu, 51, who runs a string of casinos in Macao and is also the majority owner of Kingston Securities, a brokerage in Hong Kong.

Carson Yeung is currently facing five charges of money laundering after the Narcotics Bureau Financial Investigation team of the Hong Kong police arrested him at home and raided his offices in Tsim Sha Tsui. The amount involved is believed to total nearly £60 million.

End Result: Fit and Proper Persons test 0 Alleged Money Launderers 1

Glasgow Rangers FC

North of the border, May 6th 2011 saw David Murray sell his controlling interest of 85.3% in the Glasgow club to venture capitalist Craig Whyte through his company Wavetower Limited for the sum of just £1. The move saw the Rangers debt to the Lloyds Banking Group being re-assigned to Wavetower instead. The club were at that time facing a potential £49 million tax bill with the HMRC.

On February 13th, 2012 Rangers filed legal papers at the Court of Session giving notice of their intention to appoint administrators. Rangers then officially entered administration the following day. Just a little over a year since Whyte took control of the club, he sold his controlling interest to Charles Green for the sum of £2. Last week the HMRC voted against the proposed CVA which would have seen them being able to exit administration which ended in the liquidation of the old company and a new company has been formed The Rangers Football Club.

In 2003 Whyte was a de facto director of a company called Re-Tex which was wound up. It’s alleged in a BBC Scotland documentary Rangers: The Inside Story that the company made an offer to sell shares to potential shareholders at a price based on company statements the BBC alleges contained ‘false and misleading’ information, formed from accounts signed off by fake auditors appointed by Whyte. The auditors were allegedly run by a convicted fraudster Kevin Sykes who was a former associate of Whyte. Whyte was banned from being a company director when one of his own companies Vital Holdings Ltd failed to produce satisfactory accounts. Despite Whyte’s claims to have never being a de facto director in Re-Tex, Rangers confirmed in a statement to the PLUS Stock Exchange on November 30th 2011 that Whyte had been banned from acting as a Director.

It was concluded Whyte was not judged to be a Fit and Proper Person to hold a position at a football club by the SFA and received a lifetime ban alongside a hefty fine.

End Result: Fit and Proper Persons test 0 Banned Directors 1

Four cases with three different governing bodies all of whom had managed to pass people as being Fit and Proper to run a football club. In the cases of Notts County, Rangers and Birmingham City it’s the fans who have suffered at the hands of the ineptitude of the relevant FA’s or league associations in passing people to be deemed fit and proper. Ironically in the case of Manchester City who’ve won the FA Cup and English Premier League in the past two seasons, the departure of major share holder Thaksin was a blessing in disguise.

My own clubs problems with the Fit and Proper Persons test have been well documented over the past few seasons. It’s alleged that Sacha Gaydamak acted in the same manner as what happened in the case at Notts County that he was a front man for his father Arcadi Gaydamak who was convicted by a French court of organising arms trafficking in Angola during the civil war in 1993 to 1998 in the amount of 790 million dollars in a direct violation of the Lusaks Protocol. He was sentenced in absentia to six years in prison. However his conviction on the arms dealing was overturned by the Court of appeal in Paris on April 29th 2011.

Whilst it was never proven despite claims by alleged comments attributed to Arcadi that he was the real owner of Portsmouth Football Club the fact remains that if true he wouldn’t have passed a fit and proper persons test and another loophole has been exploited under the nose of those in authority.

Lighting we are told never strikes in the same place twice. Well obviously those who make such claims have never been to Portsmouth or Fratton Park. Step forward owner Ali Abdullah Al Faraj a man who certain sections allege to claim doesn’t even exist. Whether or not that remains true or not is pure speculation but the fact does remain that he never once visited the club or even watched his team having taken control after the brief ill fated reign of Sulaiman Al Fahim whose tenure lasted just 40 days. In February 2010 a Dubai court issued an arrest warrant for Al Fahim related to a dispute over £1.4 million.

Al Faraj often dubbed Al Mirage by the clubs fans had been brought to the club by Fuglers Solicitor Marc Jacobs who has been recommended by the so called dubbed super agent Pini Zahavi. Jacobs was said to allegedly represent several very wealthy high profile Arab clients. The subsequent problems of the tenure of Al Faraj and Falcondrome have been well documented and the club subsequently fell into the hands of self styled reluctant owner Balram Chanrai who at the time of writing is once again challenging to take over the club once more and lead it out of a second successive period of administration via a CVA having sold the club into the hands of CSI headed by one Vladimir Antonov.

It is alleged that during the period Falcondrome were in charge of Portsmouth that the day to day financial running of the club was being done by one Daniel Agouzy who was another convicted fraudster. If as is alleged to be the case that he was handling the financial control of the club, his conviction would have prevented him from passing a fit and proper persons test had one ever taken place. Pompey would ultimately become the first Premiership club to be placed into administration and were docked nine points which eventually saw them finish bottom of the Premier League and they were relegated into the Championship. However the lack of control from the English Premier League was once again surpassed when the club moved into the control of the CSI group headed up by Vladimir Antonov. Lightning was about to strike again.

Antonov was a London based Russian banker who was estimated in 2007 to have a personal wealth of around $300 million which ranked him number 182 among Russian Millionaires. Antonov had been linked to attempts to buy south coast neighbours AFC Bournemouth and Glasgow Rangers yet both deals had failed to materialise to fruition. He had also tried unsuccessfully to purchase the ailing car firm Saab from GM Ford and his banking organisation had been denied a licence by Britain’s banking regulatory body the Financial Services Authority on the grounds that “Snoras was likely to fail to deal with the FSA in an open and cooperative way.”

Alleged links to money laundering had proved unfounded but they remained unabated. So here was a guy who GM Ford wouldn’t do business with, the British FSA wouldn’t give a licence to operate in this country with yet he was able to pass the so called stringent Fit and Proper Persons Test to be able to take over control of Portsmouth FC. At no point did the English FA seek fit to be panicked by the fact that his own father another Russian banker had been shot in an attempt on his life. So let’s just recap; one of America’s largest firms wouldn’t do business with Antonov, he was refused a licence to operate in the UK by the FSA, his Dad had a failed contract killing on his life and yes the FA weren’t worried about any of this and he duly passed the Fit and Proper Persons test with consummate ease.

So it should come as no surprise to learn that in November of last year the parent company CSI went into administration and subsequently with no offers tabled for Portsmouth FC they once again went into administration also being docked ten points in the process and were subsequently relegated again, this time into the League One where they remain in administration trying to exit via a possible CVA that has been put on the cards to creditors offering 2 pence in the pound on the debts owed to non football creditors.

But as always the story doesn’t simply end there.

November 23rd 2011 it’s announced that a Europe-wide arrest warrant had been issued for Antonov following the collapse of his banking organisation Snoras Bank. Lithuanian prosecutors want to question him as part of an investigation into alleged asset stripping. On November 24th 2011 Antonov was arrested in London.

This tale of woe and ineptitude into the complete farce that is the Fit and Proper Persons test North and South of the border wouldn’t be complete at this juncture without one more twist of the tail. On March 22nd of this year millionaire Russian banker German Gorbuntsov was shot and critically injured outside his East London flat situated near Canary Wharf. Gorbuntsov had recently spoken to the Russian Police about the attempted assassination of Vladimir’s father back in 2009 and a result the case had been reopened.

It seems Antonov Senior and Gorbuntsov are lucky the aim of their marksmen charged with killing them was as deadly as Dave Kitson’s strike rate during his time with the south coast club.

Antonov Jnr awaits his fate. Portsmouth FC awaits their fate also. But the record of the fit and proper persons test north and south of the border remains ultimately tarnished yet no one has been held to account for the failings of three football associations yet the fans are left to suffer.

When will those in charge be held accountable for their failings towards the clubs they are charged with looking after in their care and duty to ensure that clubs are run only by those deemed to be Fit and Proper to do so?

End Result: Fit and Proper Persons Test 0 Those who’ve tarnished the name of Portsmouth FC and their fine history… Actually I’ve lost count now sadly

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