Massimo Cellino insists he will not sell Leeds United after being 'disqualified' from owning the club by Football League - Mail 1/12/14
By JOE RIDGE FOR MAILONLINE
Massimo Cellino has vowed not to sell Leeds United despite being 'disqualified' from owning the club by the Football League.
The Italian has two weeks to appeal the decision, taken on Monday, after detailed evidence from the court that convicted Cellino of tax evasion in his homeland earlier this year was made available to the Football League.
Cellino's protracted takeover was only completed in April when he passed the Football League's owners' and directors' test after successfully appealing against their initial decision to block the purchase.
LEEDS UNITED STATEMENT IN RESPONSE TO FOOTBALL LEAGUE
We have today received a notice from the Football League disqualifying Mr Cellino from being a director of Leeds United Football Club until 18 March 2015.
The club is in the process of taking legal advice on the reasoning of the decision. In the interim, the club notes that nothing has changed since the decision of the Football League’s Professional Conduct Committee in April 2014.
The steps that the League wishes the club to take – to remove Mr Cellino only to re-appoint him in three months’ time - will be destabilising for the club, its supporters and sponsors and cannot be in the best interests of any party.
But after another U-turn by the Football League's board, Cellino told Sportsmail: ‘I am not selling the club. You must be joking. I just bought the club. And I want to protect the fans. I am not selling the club, okay?’
Should Cellino's appeal be unsuccessful (assuming he does appeal) he will be disqualified until March 18, 2015, when under UK law the conviction is deemed to be spent.
Leeds, who are taking legal advice, earlier argued in a statement that it would be 'destabilising' to remove Cellino from their board, only to reappoint him in March.
'The steps that the League wishes the club to take – to remove Mr Cellino only to re-appoint him in three months’ time - will be destabilising for the club, its supporters and sponsors and cannot be in the best interests of any party,' it read.
The Football League have also asked an independent disciplinary commission to consider whether Cellino - and/or Leeds breached regulations by not disclosing relevant information in a timely manner.
Leeds, who are on their third manager of the season and fourth since Cellino bought the club, are currently 15th in the Championship after beating league leaders Derby 2-0 on Saturday.
FOOTBALL LEAGUE STATEMENT ON MASSIMO CELLINO
The Board of Directors of The Football League has, once again, considered the position of Leeds United President, Massimo Cellino, under its Owners' and Directors' Test.
Previously (March 2014), the Board had ruled that Mr Cellino was subject to a disqualifying condition after he was found guilty of an offence under Italian tax legislation relating to the non-payment of import duties on a boat (which resulted in him being fined €600,000). In April 2014, this decision was successfully appealed by Mr Cellino at a hearing of the Professional Conduct Committee (PCC) chaired by an independent QC (sitting alone).
In reaching his verdict, Tim Kerr QC concluded that: “Mr Cellino has satisfied me that on the facts before me, what he was convicted of was not conduct which would reasonably be considered to be dishonest.” Before going on to state that: “if the reasoned ruling of the court in Cagliari discloses that the conduct of Mr Cellino was such that it would reasonably be considered to be dishonest, he would become subject to a Disqualifying Condition.”
At its meeting last week, the Board considered the reasoned Judgment of the Italian Court against Mr Cellino, having successfully applied to the Italian Courts for its full disclosure. The Board considered detailed legal advice and agreed unanimously (with the exception of its Chief Executive, Shaun Harvey, who did not take part in the debate or vote having declared an interest*) that Mr Cellino is subject to a disqualifying condition under the terms of the Test.
Mr Cellino is entitled to appeal the Board's decision to the PCC within 14 days. As the Judgment of the Italian Court has not been published in Italy, The Football League will not make any of its contents public.
Additionally, the Board concluded that it was appropriate to ask an independent Football Disciplinary Commission (FDC) to consider whether Mr Cellino and/or Leeds United breached League regulations relating to the timely disclosure of relevant information. The matter will be heard by an FDC in due course.
Editors notes:
* Shaun Harvey was Chief Executive and a Director of Leeds United between 2004 and 2013.
Massimo Cellino has vowed not to sell Leeds United despite being 'disqualified' from owning the club by the Football League.
The Italian has two weeks to appeal the decision, taken on Monday, after detailed evidence from the court that convicted Cellino of tax evasion in his homeland earlier this year was made available to the Football League.
Cellino's protracted takeover was only completed in April when he passed the Football League's owners' and directors' test after successfully appealing against their initial decision to block the purchase.
LEEDS UNITED STATEMENT IN RESPONSE TO FOOTBALL LEAGUE
We have today received a notice from the Football League disqualifying Mr Cellino from being a director of Leeds United Football Club until 18 March 2015.
The club is in the process of taking legal advice on the reasoning of the decision. In the interim, the club notes that nothing has changed since the decision of the Football League’s Professional Conduct Committee in April 2014.
The steps that the League wishes the club to take – to remove Mr Cellino only to re-appoint him in three months’ time - will be destabilising for the club, its supporters and sponsors and cannot be in the best interests of any party.
But after another U-turn by the Football League's board, Cellino told Sportsmail: ‘I am not selling the club. You must be joking. I just bought the club. And I want to protect the fans. I am not selling the club, okay?’
Should Cellino's appeal be unsuccessful (assuming he does appeal) he will be disqualified until March 18, 2015, when under UK law the conviction is deemed to be spent.
Leeds, who are taking legal advice, earlier argued in a statement that it would be 'destabilising' to remove Cellino from their board, only to reappoint him in March.
'The steps that the League wishes the club to take – to remove Mr Cellino only to re-appoint him in three months’ time - will be destabilising for the club, its supporters and sponsors and cannot be in the best interests of any party,' it read.
The Football League have also asked an independent disciplinary commission to consider whether Cellino - and/or Leeds breached regulations by not disclosing relevant information in a timely manner.
Leeds, who are on their third manager of the season and fourth since Cellino bought the club, are currently 15th in the Championship after beating league leaders Derby 2-0 on Saturday.
FOOTBALL LEAGUE STATEMENT ON MASSIMO CELLINO
The Board of Directors of The Football League has, once again, considered the position of Leeds United President, Massimo Cellino, under its Owners' and Directors' Test.
Previously (March 2014), the Board had ruled that Mr Cellino was subject to a disqualifying condition after he was found guilty of an offence under Italian tax legislation relating to the non-payment of import duties on a boat (which resulted in him being fined €600,000). In April 2014, this decision was successfully appealed by Mr Cellino at a hearing of the Professional Conduct Committee (PCC) chaired by an independent QC (sitting alone).
In reaching his verdict, Tim Kerr QC concluded that: “Mr Cellino has satisfied me that on the facts before me, what he was convicted of was not conduct which would reasonably be considered to be dishonest.” Before going on to state that: “if the reasoned ruling of the court in Cagliari discloses that the conduct of Mr Cellino was such that it would reasonably be considered to be dishonest, he would become subject to a Disqualifying Condition.”
At its meeting last week, the Board considered the reasoned Judgment of the Italian Court against Mr Cellino, having successfully applied to the Italian Courts for its full disclosure. The Board considered detailed legal advice and agreed unanimously (with the exception of its Chief Executive, Shaun Harvey, who did not take part in the debate or vote having declared an interest*) that Mr Cellino is subject to a disqualifying condition under the terms of the Test.
Mr Cellino is entitled to appeal the Board's decision to the PCC within 14 days. As the Judgment of the Italian Court has not been published in Italy, The Football League will not make any of its contents public.
Additionally, the Board concluded that it was appropriate to ask an independent Football Disciplinary Commission (FDC) to consider whether Mr Cellino and/or Leeds United breached League regulations relating to the timely disclosure of relevant information. The matter will be heard by an FDC in due course.
Editors notes:
* Shaun Harvey was Chief Executive and a Director of Leeds United between 2004 and 2013.