Why are Cork City not being deducted points?

**Schumi** · 25/08/2008, 10:15 AM

They'd want to be some projected attendances to cover �1.3m of losses!

I'd say the most likely outcome of all this is that Cork will have breached the 65% rule at the end of the season and be punished with whatever the FAI feel like at the time.

**jinxy lilywhite** · 25/08/2008, 10:21 AM

The monthly audits by the FAI should of picked this up. Auditors should be asking question and I wonder what the answer was. A points deduction should be used as a detterant as other clubs I feel are waiting anxiously to see what happens to Cork before they try to go down the route of examinership

**Dodge** · 25/08/2008, 10:24 AM

BTW the "wait and see" attitude won't work as Cork, by going into examinsership, have already broken their license agreement.

Obviously, I'm not saying that sanctions should come out immediately but for the sake of licensing, sanctions must be applied before the end of the season

**micls** · 25/08/2008, 10:25 AM

Originally Posted by jinxy lilywhite

The monthly audits by the FAI should of picked this up. Auditors should be asking question and I wonder what the answer was.

i dunno. If Arkaga were claiming they were covering the debts(which is allowed to be counted in the wage cap) they were probably just taken at their word. Naive perhaps but Id imagine they werent expected to renege on the written agreement

**pete** · 25/08/2008, 10:26 AM

Originally Posted by jinxy lilywhite

The monthly audits by the FAI should of picked this up. Auditors should be asking question and I wonder what the answer was. A points deduction should be used as a detterant as other clubs I feel are waiting anxiously to see what happens to Cork before they try to go down the route of examinership

As mentioned above Examinership does not necessarily mean points deduction based on precedent. If every club that failed to pay players wages for a week (City players were paid 1 week late) or had exceeded the 65% rule inside the season then Galway & Harps to name two would also be deducted points.

TBH I don't know how we have not exceeded the 65% rule so far but I suppose the "letter of guarantee" was deemed to be sufficient by the FAI.

Overall I think it us bad for the FAI or any of their bodies to make the rules up as they go along as there should be clear rules & sanctions before the season starts.

**micls** · 25/08/2008, 10:26 AM

Originally Posted by Dodge

BTW the "wait and see" attitude won't work as Cork, by going into examinsership, have already broken their license agreement.

Obviously, I'm not saying that sanctions should come out immediately but for the sake of licensing, sanctions must be applied before the end of the season

Fran Gavin said there was no points deduction for going into examinership which confused me. Does he mean its just not an automatic points deduction or is he just wrong?

**Schumi** · 25/08/2008, 10:30 AM

Originally Posted by pete

As mentioned above Examinership does not necessarily mean points deduction based on precedent.

But that was in a different league as we've been told so many times. Is examinership mentioned in the FAI's participation agreement that everyone signed?

**Dodge** · 25/08/2008, 10:31 AM

Originally Posted by micls

Fran Gavin said there was no points deduction for going into examinership which confused me. Does he mean its just not an automatic points deduction or is he just wrong?

Its not automatic. The agreement states "any sanction" can be given, but it definitely mentions examinership as a breach. Given the fact that fines are out of the question, its hard to see what other sanctions they can give.

Oha dn precendent is out the window pete, as this is the "new" league, remember?

**micls** · 25/08/2008, 10:33 AM

Originally Posted by Dodge

Its not automatic. The agreement states "any sanction" can be given, but it definitely mentions examinership as a breach. Given the fact that fines are out of the question, its hard to see what other sanctions they can give.

Oha dn precendent is out the window pete, as this is the "new" league, remember?

Yeah I suppoise. I just dont see why Gavin couldnt just say that.

**jinxy lilywhite** · 25/08/2008, 10:33 AM

Have the courts appointed an examiner yet?

**Dodge** · 25/08/2008, 10:35 AM

http://www.fai.ie/index.php?option=c...d=31&Itemid=46

• The FAI Club Licensing Committee has the power to withdraw any licence or apply any sanction
during a season if the Licensee:
o no longer satisfies any single criteria for issuing the licence;
o violates any of its obligations, duties, confirmations or undertakings under this
Manual, Contract or Confidentiality Agreement
o Is involved in a bankruptcy, receivership, examinership or liquidation process, or
is struck off the Companies' Register

The withdrawal of a licence or imposition of a sanction is not mandatory and the FAI Licensing
Committee will have discretion to exercise this power or not.

**Dodge** · 25/08/2008, 10:35 AM

Originally Posted by micls

Yeah I suppoise. I just dont see why Gavin couldnt just say that.

because he's a fool?

**micls** · 25/08/2008, 10:36 AM

Originally Posted by Dodge

because he's a fool?

point taken

**centre mid** · 25/08/2008, 10:47 AM

Originally Posted by micls

Yeah I suppoise. I just dont see why Gavin couldnt just say that.

He did, he said it before last nights game on Setanta.

**micls** · 25/08/2008, 10:49 AM

Originally Posted by centre mid

He did, he said it before last nights game on Setanta.

Didnt see it. The comments Im talking about were early last week maybe someone told him the rules....

**Dodge** · 25/08/2008, 10:54 AM

Originally Posted by centre mid

He did, he said it before last nights game on Setanta.

Can you expand on this? Did he mention any sanctions in particular?

**centre mid** · 25/08/2008, 10:57 AM

Originally Posted by Dodge

Can you expand on this? Did he mention any sanctions in particular?

He babbled about 65% for a while but did say that it will be up to the Licensing Comm to decide what if any sanctions will be imposed on Cork. They are due to meet next week or week after I think.

**holidaysong** · 25/08/2008, 10:59 AM

Originally Posted by pete

As mentioned above Examinership does not necessarily mean points deduction based on precedent. If every club that failed to pay players wages for a week (City players were paid 1 week late) or had exceeded the 65% rule inside the season then Galway & Harps to name two would also be deducted points.

I don't think Galway did exceed 65% though. They exceeded 55% and once this happens, a transfer embargo is put on your club and you have to reduce your wage budget - this is a safety measure to stop you crossing the 65%.

**DRDoc** · 25/08/2008, 11:20 AM

Its very unlikely that Cork will be punished in a severe manner

They were not in excess of the 65% - the only problem was that Arkaga decided to cease their backing

The simple fact of the matter is that the FAI took a guarantee from Arkaga that was not binding - this is completely the fault of the FAI - as it was they who insisted upon it to meet with the salary protocal - so they onus was on them to make sure it was worth the paper it was handwritten on

The fai decided to take the guarantee without seeking legal advice as to whether it would be enforceable or not

**Macy** · 25/08/2008, 11:30 AM

Originally Posted by pete

TBH I don't know how we have not exceeded the 65% rule so far but I suppose the "letter of guarantee" was deemed to be sufficient by the FAI.

Overall I think it us bad for the FAI or any of their bodies to make the rules up as they go along as there should be clear rules & sanctions before the season starts.

I would agree that it's as bad for the FAI as Cork, assuming you survive. The original 65% fudge was supposed to be non refundable donations from benefactors, but it turns out the FAI took a non legally binding letter of guarantee.