[1] For the reasons which are set out in detail below the Commission has unanimously
decided
:
(1) Between the years 2000 and 2011 The Rangers Football Club Plc (now known as RFC
2012 Plc (in liquidation) and referred to in the decision as “Oldco”), the owner and
operator of Rangers Football Club (“Rangers FC”), entered into side-letter arrangements
with a large number of its professional players under which Oldco undertook to make
very substantial payments to an offshore employee benefit remuneration trust, with the
intent that such payments should be used to fund payments to be made to such players
in the form of loans;
(2) Those side-letter arrangements were required to be disclosed under the Rules of the
Scottish Premier League (“SPL”) and the Scottish Football Association (“SFA”) as
forming part of the players’ financial entitlement and as agreements providing for
payments to be received by the players;
(3) Oldco through its senior management decided that such side-letter arrangements should
not be disclosed to the football authorities, and the Board of Directors sanctioned the
making of payments under the side-letter arrangements without taking any legal or
accountancy advice to justify the non-disclosure;
(4) The relevant SPL Rules were designed to promote sporting integrity, by mitigating the
risk of irregular payments to players;
(5) Although the payments in this case were not themselves irregular and were not in
breach of SPL or SFA Rules, the scale and extent of the proven contraventions of the
disclosure rules require a substantial penalty to be imposed;
(6) Rangers FC did not gain any unfair competitive advantage from the contraventions of
the SPL Rules in failing to make proper disclosure of the side-letter arrangements, nor
did the non-disclosure have the effect that any of the registered players were ineligible
to play, and for this and other reasons no sporting sanction or penalty should be
imposed upon Rangers FC;
(7) As noted in the Commission’s earlier decision made on 12 September 2012 there is no
allegation that the current owner and operator of the club, The Rangers Football Club
Limited (“Newco”), contravened the SPL Rules or could be held responsible for any
breach by Oldco;