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"Deceitful" Hammers keep precious points
LONDON (AFP) - West Ham's chances of surviving in the Premiership were increased on Friday when the east London club escaped a points deduction over the controversial signings of Carlos Tevez and Javier Mascherano.
The Hammers were hit with a fine of 5.5 million pounds (11 million dollars) after a disciplinary panel established by the FA Premier League (FAPL) found that the two Argentinians were effectively owned by a third party and that the club had acted with "dishonesty and deceit" to disguise that fact from league officials.
West Ham said it accepted the ruling but will consider an appeal over the amount of the fine. While it is a record financial penalty for an English club, it will be regarded as a price worth paying if West Ham go on to retain their top flight status.
In its ruling, the panel concluded that the conduct of West Ham amounted to "an obvious and deliberate breach of the rules" and "a grave breach of trust as to the FAPL and its constituent members."
The seriousness of the charges meant that "normally" a points deduction would have been applied but it was decided that this "would not be proportionate" in this case.
This was because of a number of mitigating factors, including West Ham's recent change of ownership, their guilty plea and the fact that the season is at such a crucial, late stage where the impact of a points deduction would be greater than if it had been imposed mid-way through the campaign.
The ruling means West Ham will go into Saturday's crucial relegation clash with fellow strugglers Wigan only three points adrift of safety after winning four of their last six matches.
But they could have to do without Tevez after the panel effectively declared his current registration invalid, obliging the club to attempt to complete the paperwork for a legitimate transfer by a deadline of noon on Saturday if he is to play at the JJB stadium.
Tevez and Mascherano were signed by West Ham on the final day of the August 2006 transfer window.
Although they came from Brazilian club Corinthians, their registrations were effectively owned by Media Sports Investment, a consortium headed by businessman Kia Joorabchian.
At the time, the consortium was considering a takeover of West Ham. But that bid never materialised and the club was instead bought by an Icelandic consortium fronted by the current chairman, Eggert Magnusson.
Mascherano, who made only three first-team starts at West Ham, was transferred in January to Liverpool, where his contractual position has been regularised and he has rediscovered the form that made him one of Argentina's most impressive performers at last summer's World Cup.
Tevez remains at Upton Park where he has become a cult hero to the fans and played a key role in the recent revival that has generated hope of a 'great escape' from the relegation zone.
The fine imposed on West Ham was made up of 2.5 million pounds for breach of the FAPL's Rule U18, covering third-party relations with players, and three million in respect of rule B13, which requires clubs to act in good faith in their relations with each other and the league.
The panel was most critical of the conduct of Paul Aldridge, West Ham's former chief executive, and Scott Duxbury, who remains a director of the club and was then in charge of legal and commercial affairs.
The panel concluded that Aldridge had told "a direct lie" to FAPL chief executive Richard Scudamore while voicing "surprise" over Duxbury's claim that he was unaware of the rules governing third party influences over players.
"What we believe to have occurred here is that Messrs (former chairman Terry) Brown, Aldridge and Duxbury were anxious to complete the registration of these players by the deadline of 31st August," the ruling said.
"They knew that the only means by which they could acquire them would be by entering into the third party contracts. Equally, they were aware that the FAPL, at the very least, may not -- and in all probability would not -- have approved of such contracts.
"They determined to keep their existence from the FAPL."
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