Massimo Cellino faces minimum six-month ban from Leeds boardroom after losing disqualification appeal
Telegraph 19/1/15
A Professional Conduct Committee (PCC) rules in favour of Football League’s decision to strip the convicted fraudster of control at Elland Road
By Ben Rumsby
Massimo Cellino is facing a ban of at least six months from the Leeds United boardroom after losing his appeal against being disqualified from owning the club.
A Professional Conduct Committee (PCC) ruled on Monday in favour of the Football League’s decision to strip the convicted fraudster of control at Elland Road under the terms of its owners’ and directors test.
Cellino was immediately banned from running Leeds or owning more than 30 per cent of the club’s shares until April 10, a sanction the Daily Telegraph has learnt could soon be extended until at least the summer.
That is because the Football League is pursuing a misconduct charge against Cellino and Leeds over their failure to supply it with a July judgment from an Italian court which found him guilty of tax evasion.
Had they handed over the document at the time, Cellino would have been banned from that moment until March 18 – the date his conviction becomes spent under UK law.
As it was, it was another three months before the league was able to obtain a copy of the judgment for itself and it is understood it will press for Cellino to serve that time – and maybe longer – if he is found guilty by a disciplinary commission of non-cooperation.
However, even this is unlikely to force Italian out at Leeds, raising further question marks about the effectiveness of football’s so called ‘fit and proper persons’ tests.
Although he has 48 hours to comply with Monday’s ruling, it appears unthinkable Cellino will not divest himself of the shares he holds in the club through Eleonora Sport in a way that allows him to reacquire them when his ban expires.
That is currently April 10 rather than March 18 because both he and the Football League needed longer than the 28-day appeal window to convene a PCC hearing.
Cellino has also yet to accept Monday’s outcome, with Leeds saying in a statement: “We are surprised and disappointed by the verdict, however we are continuing to take legal advice.”
He could yet continue his fight with the Football League by attempting to invoke Football Association Rule K and secure an arbitration hearing or by applying to the Court of Arbitration for Sport or even the civil courts.
Were Cellino to be banned for even longer, Leeds could pursue the argument director Andrew Umbers made at the PCC hearing that there was “a real likelihood of insolvency” at the club if the Italian was disqualified as their owner.
That was dismissed by the panel, which said in its ruling: “We were not persuaded that this was a case where the imminent demise of the club would be likely to follow any disqualification. Mr Cellino has shown a strong desire to own and operate the club and is plainly very attached to it.”
Cellino himself told Sky Sports News HQ on Monday night: “I'm feeling like a guest at a party where you're not welcome. I don't need that.“ A Football League spokesman said: “The Football League’s sole objective throughout this process has been to ensure that our regulations, as democratically approved by our member clubs, are complied with.”
A Professional Conduct Committee (PCC) rules in favour of Football League’s decision to strip the convicted fraudster of control at Elland Road
By Ben Rumsby
Massimo Cellino is facing a ban of at least six months from the Leeds United boardroom after losing his appeal against being disqualified from owning the club.
A Professional Conduct Committee (PCC) ruled on Monday in favour of the Football League’s decision to strip the convicted fraudster of control at Elland Road under the terms of its owners’ and directors test.
Cellino was immediately banned from running Leeds or owning more than 30 per cent of the club’s shares until April 10, a sanction the Daily Telegraph has learnt could soon be extended until at least the summer.
That is because the Football League is pursuing a misconduct charge against Cellino and Leeds over their failure to supply it with a July judgment from an Italian court which found him guilty of tax evasion.
Had they handed over the document at the time, Cellino would have been banned from that moment until March 18 – the date his conviction becomes spent under UK law.
As it was, it was another three months before the league was able to obtain a copy of the judgment for itself and it is understood it will press for Cellino to serve that time – and maybe longer – if he is found guilty by a disciplinary commission of non-cooperation.
However, even this is unlikely to force Italian out at Leeds, raising further question marks about the effectiveness of football’s so called ‘fit and proper persons’ tests.
Although he has 48 hours to comply with Monday’s ruling, it appears unthinkable Cellino will not divest himself of the shares he holds in the club through Eleonora Sport in a way that allows him to reacquire them when his ban expires.
That is currently April 10 rather than March 18 because both he and the Football League needed longer than the 28-day appeal window to convene a PCC hearing.
Cellino has also yet to accept Monday’s outcome, with Leeds saying in a statement: “We are surprised and disappointed by the verdict, however we are continuing to take legal advice.”
He could yet continue his fight with the Football League by attempting to invoke Football Association Rule K and secure an arbitration hearing or by applying to the Court of Arbitration for Sport or even the civil courts.
Were Cellino to be banned for even longer, Leeds could pursue the argument director Andrew Umbers made at the PCC hearing that there was “a real likelihood of insolvency” at the club if the Italian was disqualified as their owner.
That was dismissed by the panel, which said in its ruling: “We were not persuaded that this was a case where the imminent demise of the club would be likely to follow any disqualification. Mr Cellino has shown a strong desire to own and operate the club and is plainly very attached to it.”
Cellino himself told Sky Sports News HQ on Monday night: “I'm feeling like a guest at a party where you're not welcome. I don't need that.“ A Football League spokesman said: “The Football League’s sole objective throughout this process has been to ensure that our regulations, as democratically approved by our member clubs, are complied with.”