Tuesday, September 23

Daily WHUFC News - III 23rd September 2008

Neill eyes cup contest - WHUFC
Having impressed at centre-back on Saturday, Lucas Neill is looking forward
to the cup trip to Watford
23.09.2008

Lucas Neill will lead West Ham United into Carling Cup action again on
Tuesday night with the short trip to Watford.

The skipper more than played his part in Saturday's 3-1 home win against
Newcastle United and as such confidence is high for the third-round tie.
Speaking in his Captain's Blog column, the defender acknowledged that it
would not be a straightforward encounter against the Championship club. He
said: "We are all excited by the prospect of a good cup run which we hope
will end in glory. It will be another tough game but if you want to achieve
this glory you have to go and beat teams at their grounds in these games."

Watford are coming off the back of a 2-2 home draw on Saturday against
Reading and a night under the lights at Vicarage Road is always a difficult
prospect. As such, Neill knows the importance of the away crowd. "In
advance, I would like to thank all the fans who will be travelling to that
match to support us," he wrote. The tie has to be played to a finish on the
night with extra time and penalties a possibility. Should West Ham United
triumph, they will be entered in Saturday's fourth-round draw with any tie
due to be played on Wednesday 12 November.

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Hammers have no 'right of appeal' - KUMB
Filed: Tuesday, 23rd September 2008
By: Staff Writer

West Ham United will not be able to challenge the decision of an independent
tribunal that ruled in Sheffield United's favour in the Carlos Tevez case.
The FA have this morning released a statement on the tribunal's findings
confirming that the Hammers are not allowed to appeal against the panel's
findings. "The dispute has been heard by a private independent arbitration
tribunal set up under The FA's rules," a spokesman for the FA said. "The
arbitration tribunal is comprised of one member nominated by each club, plus
an independent member agreed upon by the two parties. All aspects of the
arbitration, including publicity, are then a matter for the arbitration
tribunal and the two parties concerned. "For clarity, The FA did not sit in
judgement on this case, did not have any influence on the decision and did
not appoint any of the tribunal members. There is no further right of appeal
under FA rules."

West Ham supporters have reacted with astonishment at the panel's findings -
a decision that threatens to tear football apart.

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Warnock happy, West Ham silent - KUMB
Filed: Tuesday, 23rd September 2008
By: Staff Writer

Former Sheffield United manager Neil Warnock has praised the independent
tribunal that found against West Ham United. Warnock, talking to Setanta
Sports this morning called the original decision an 'injustice', adding that
the decision not to deduct points at the original Premier League tribunal
was 'pathetic'. "Although West Ham came up with a lot of excuses the bottom
line is they wouldn't have stayed up without Tevez," he said. "That's the
verdict and it's nice to see a panel coming up with the correct decision. "I
think West Ham were confident they'd get away scot free. People were saying
we should forget it and put it to bed but it's not one of those – it's a
matter of principle. "They wouldn't have stayed up without Tevez – even West
Ham fans know that. I see them all over the show and they have a smirk and a
laugh at me but it's about time that justice wasn't glazed over. "For the
head of the [original] tribunal to say that he felt sorry for the West Ham
fans and that's why he didn't dock points was absolutely pathetic. It really
helped our fans when we went down to hear that!" Meanwhile a spokesman for
West Ham United has revealed that the club will make an announcement once
the panel's findings had been fully considered. "We need to digest the full
findings of the arbitration panel and will consult our lawyers on the next
steps we might take before making any further comment," the spokesman told
Radio 4.

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Sheff Utd 'win West Ham tribunal' - BBC

Sheffield United chairman Kevin McCabe has said that an independent tribunal
has ruled against West Ham over the Carlos Tevez affair. McCabe said it
would be "inappropriate" to discuss figures of compensation despite reports
claiming the Hammers could be forced to pay £30m. West Ham were found guilty
of breaching league regulations in the signing of Tevez and Javier
Mascherano in 2006. The Hammers survived in the Premier League in 2007 at
the Blades' expense. Rather than being docked points by the three-man
Premier League arbitration panel, West Ham were fined £5.5m and went on to
survive the drop on the final day, while Sheffield United were relegated.
Having failed in their attempt to have the original punishment overturned,
the Yorkshire outfit sought monetary recognition. McCabe told the club
website: "I can confirm that both clubs have been notified of the ruling.
The arbitration panel has awarded in our favour. "The matter is still
legally in process so I do not wish to comment any further until we have
completed that process."
A club statement added: "The Blades began their legal fight for
reinstatement some 16 months which also included an arbitration hearing
against the Premier League.
"This award could now pose a question as to what the Premier League will
do."
Sheffield United's claim was considered by former MCC president Lord
Griffiths, Sir Anthony Colman, a former High Court judge, and Robert
Englehart QC. A West Ham spokesperson told BBC Radio 4: "We need to digest
the full findings of the arbitration panel and will consult our lawyers on
the next steps we might take before making any further comment." Tevez and
Mascherano were brought to Upton Park from Brazilian club Corinthians on the
final day of the 2006 summer transfer window. The pair were judged to have
been partially-owned by Kia Joorabchian's Media Sports Investment (MSI)
company and have since moved on to Manchester United and Liverpool
respectively.
With nine matches remaining in the 2006-07 season, West Ham were rooted to
the bottom of the Premier League and 10 points adrift of safety, while
Sheffield United were two places above the drop zone. Tevez then scored five
goals, including the winner against Manchester United at Old Trafford on the
final day, to secure West Ham's survival. "This judgement could have serious
financial implications for West Ham," said BBC Radio 5 Live sports news
correspondent Gordon Farquhar. "Sheffield United's case is that they
unfairly suffered relegation in the 2006-07 season after West Ham profited
from the services of a player they broke the rules in signing. "The Hammers
were found guilty of acting improperly and withholding vital documentation
and were fined £5.5m but not docked points at the time by the Premier
League. "Tevez's goals helped keep West Ham up, Sheffield United went down
and since have embarked on a series of legal challenges, latterly to get
compensation directly from West Ham. "They've claimed tens of millions but
the actual sum hasn't yet been disclosed."

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Warnock relief at 'justice' - SNN
Former Blades boss' faith in system is restored
By James Dall Last updated: 23rd September 2008

Former Sheffield United manager Neil Warnock has told Sky Sports News that
the Football Association arbitration's verdict over the Carlos Tevez affair
has restored his faith in the justice system. On Tuesday, it was announced
that an FA arbitration has ruled in favour of the Blades against West Ham
United in their compensation claim over the situation involving Argentina
international Tevez. The Premier League previously found West Ham guilty of
failing to declare that Tevez's move to Upton Park had been engineered by
Kia Joorabchian and that he was part-owned by the businessman's company. The
Hammers were handed a £5.5million fine by the Premier League but there was
no points deduction, despite Tevez scoring what proved to be a crucial goal
in ensuring West Ham remained in England's top flight, condemning Sheffield
United to relegation.
Warnock, now at Crystal Palace, was at the helm when the Blades suffered
their infamous demotion to the Championship in May 2007. He said: "I think
it is about time. I think the original ruling with the FA was a disgrace. "I
think it is a matter for justice. I think everybody in the country knows
that is what has happened with this verdict. "It is just the principle of
the whole thing. We were absolutely appalled by the original verdict. "In
the end, when the judge said that he felt sorry for the West Ham fans and
that is why they didn't deduct points, it was absolutely scandalous. "It
shouldn't have happened. This verdict puts faith back into the justice
system. "(If it hadn't of happened) I think I would still be manager of
Sheffield United and we would be doing very well. "Nothing will (make up for
relegation). It was probably the most disappointing time ever. But the club
looks forward. We were hard done by."

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The key questions in the Carlos Tevez affair - The Times
Gary Jacob analyses the Carlos Tevez affair and looks at how West Ham United
ended up in this situation

How did we get here?

West Ham United signed Carlos Tevez and Javier Mascherano on the last day of
the transfer window in August 2006. Five months later, Liverpool began
attempts to sign Mascherano, but it was discovered that the midfield
player's documentation was deemed "unsatisfactory". The players were owned
by third-party companies, who it appeared potentially could move the players
to another club whenever it wanted. Thus, West Ham may not have had full
control over the players.

What did the Premier League do?

West Ham were charged by the Premier League for breaching their rules of
ownership of players. They were fined £5.5 million but did not suffer a
points deduction.
They ruled that Tevez could play in the final three matches of the season if
West Ham terminated his contract with the third-party companies. West Ham
informed the Premier League that they had done, allowing Tevez to play in
the remaining three games.

How did this affect Sheffield United?

West Ham avoided relegation on the final day of the season at the expense of
Sheffield United. The Yorkshire club were unhappy as Tevez played a crucial
role in West Ham's survival, scoring in a 1-0 victory away to Manchester
United on the final day of the season. Sheffield United estimated that being
relegated to the Coca-Cola Championship cost them £30m.

How did Sheffield United arrive at this estimate?

The club estimated the difference in income and expenditure based on being
in the Premier League compared with the Championship. Clubs in the Premier
League can expect to receive between £25m and £30m more income from the
television deal, as well extra commercial revenue. The club also took into
account the sales of players that may have stayed had they remained in the
top-flight.

What action did Sheffield United take?

They requested that an arbitration panel look at the original process. The
panel said they had "much sympathy" for their grievances, but argued the
Premier League commission's decision to fine West Ham, rather than dock
points, was not unreasonable enough to be considered incorrect. However, the
three-man panel chaired by Sir Philip Otton, offered some hope to the
Bramall Lane club by concluding that had it been sitting in judgment
originally, it would not have reached the same decision.
"This tribunal would in all probability have reached a different conclusion
and deducted points from West Ham," the panel said. "We would, for example,
have given much more weight to the deliberate deceit by West Ham officials,
which concealed the existence of the third-party arrangements. This led
Sheffield United to began a compensation claim, which come under FA rules.
The dispute was considered by a three-man panel, made up of Lord Griffiths,
a former president of MCC, Sir Anthony Colman, a former High Court judge,
and Robert Englehart, QC.

What have the arbitration panel ruled?

They ruled in favour of Sheffield United in their claim for compensation
from West Ham. The panel are expected to begin deliberations next week about
how much money the Championship club can expect to receive.

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West Ham face potential £30m pay-out to Sheffield United over Carlos Tevez
affair - Telegraph
West Ham are to consult their lawyers before deciding whether to launch an
appeal after an independent arbitration panel left them facing a potential
£30 million pay-out over the Carlos Tevez affair.
By Jeremy Wilson
Last Updated: 10:45AM BST 23 Sep 2008

West Ham were found guilty of breaching league regulations in the signing of
Tevez and Javier Mascherano in 2006, but survived in the Premier League when
an arbitration panel decided to issue a £5.5 million fine rather than dock
points. Having failed in their attempt to have the original punishment
overturned, relegated Sheffield United last year launched their claim for
compensation. "I can confirm that both clubs have been notified of the
ruling," said Sheffield United chairman Kevin McCabe. "The arbitration panel
has awarded in our favour. The matter is still legally in process so I do
not wish to comment any further until we have completed that process."
A West Ham spokesperson said: "We need to digest the full findings of the
arbitration panel and will consult our lawyers on the next steps we might
take before making any further comment." A compensation figure has yet to be
decided, but it is understood that Sheffield United are demanding £30, 396,
897 . The tribunal's decision is based on the fact that Tevez was worth at
least three points to West Ham in their battle to avoid the drop. The
judgment reads: "We have no doubt that West Ham would have secured at least
three fewer points over the 2006-07 season if Carlos Tevez had not been
playing for the club. "Indeed, we think it more likely than not on the
evidence we heard that even over the final two games of the season West Ham
would have achieved at least three points less overall without Mr Tevez. He
played outstandingly well in the two wins West Ham secured in those last two
games."
Tevez played a crucial role in ensuring West Ham's top-flight status as they
finished on 41 points compared to third-from-bottom United who ended on 38
points, but with a superior goal difference. As a result of their
relegation, Sheffield United claim they lost out on nearly £22 million in
television and merchandising rights as well as bonus payments. The rest of
the claim for damages in based on ticket sales, sponsorship deals, club
merchandising and a loss of £4m for the sale of Phil Jagielka to Everton due
to a clause in the player's contract. Former manager Neil Warnock, who gave
evidence at the tribunal, said: "I think it's about time. I think the
original ruling was a disgrace and it's a matter for justice and I think
everyone in the country knows that is what has happened with this verdict.
"They have only claimed for the one season for what they would have missed
out on off the field and on the field and one or two other bits. That's what
it comes to. In today's game it's not an awful lot, it's a good player at
the top level. It's just the principle of the whole thing. "We were
absolutely appalled by the original verdict. It was scandalous. I've left
the club and it's changed one or two lives as well. It shouldn't have
happened. This verdict puts the faith back into the justice system. "Of
course [I would still have been manager], we had been doing very well. I
thought we had the basis of a good squad, we had 38 points and I thought we
had the basis to go on, get some decent players in to supplement that squad.
It really knocked us back no end. You don't feel you will ever get justice.
"Nothing will make up for relegation, it's on my CV and it probably
shouldn't have been. We were hard done by, it wasn't done legally and we
were fighting for our rights."
Alan Smith, a spokesman for the Sheffield United Supporters' Club, added: "I
am delighted but if it is £30 million I don't think it is anywhere near
enough, Sheffield United were in the Premiership and it no-where near
compensates that. "We should still be in the Premiership now. I think double
that. We did think we were going to lose it because it has gone on so long."

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Sheffield United confirm victory over West Ham in Tevez case· Blades could
be set for £30m windfall
· United fail to rule out further action from Premier League
· Former manager Warnock praises tribunal's ruling
John Ashdown guardian.co.uk, Tuesday September 23 2008 10:48 BST

West Ham could be set for a £30m payout after an independent FA tribunal
ruled in Sheffield United's favour over the Carlos Tevez affair, and the
Blades have not given up hope that as a result of today's ruling the Premier
League may also be forced to take action.

"The Blades began their legal fight for reinstatement some 16 months ago,
which also included an arbitration hearing against the Premier League," said
United in a statement on their website. "This award could now pose a
question as to what the Premier League will do." United refused to comment
further on the matter when questioned by guardian.co.uk today and it is
unclear what further action the Premier League could take, with
reinstatement an impossibility, though a hefty windfall from West Ham now
seems likely.

United's claim dates back to the 2006-07 season when Tevez played a major
role in helping West Ham avoid relegation, at the expense of Neil Warnock's
side. In April 2007 the Hammers were fined £5.5m by the Premier League for
breaching the rules in relation to Tevez and Javier Mascherano, but were not
docked any points. Tevez was cleared to play on for the Hammers, Mascherano
having departed for Liverpool in January, and the Argentine striker scored
the only goal of the game in West Ham's 1-0 win over Manchester United on
the last day of the season, a result that ensured the club stayed in the top
flight.

United lost an initial appeal against their relegation in the summer of
2007, but continued their fight in an FA tribunal. That tribunal has today
ruled in their favour.

"I can confirm that both clubs have been notified of the ruling," said the
United chairman, Kevin McCabe. "The arbitration panel has awarded in our
favour. The matter is still legally in process so I do not wish to comment
any further until we have completed that process."

Warnock, the Blades' manager during the club's season in the top flight,
said today that he feels justice has been done. "I think everyone in the
country knows this is the right verdict," he told Sky Sports News. "This
justifies what Kevin McCabe has said all along: that we were hard done by,
that it wasn't done legally and we were fighting for our rights. It was
scandalous. It changed one or two lives and it shouldn't have happened. This
verdict puts your faith back into the justice system."

The Daily Mail today suggests that United are demanding £30,396,897.32 from
the London club, with £21,788,795 of that figure considered to be
compensation for the loss of Premier League status. The rest of the sum is
based on reduced transfer fees, season ticket sales, merchandising and "lost
business opportunities".

"We have no doubt that West Ham would have secured at least three fewer
points over the 2006-07 season if Carlos Tevez had not been playing for the
club," reads the tribunal's judgment according to the Mail. "Indeed, we
think it more likely than not on the evidence we heard that even over the
final two games of the season West Ham would have achieved at least three
points less overall without Mr Tevez. He played outstandingly well in the
two wins West Ham secured in those last two games."

West Ham are believed to be considering an appeal, but because both clubs
and the FA agreed to the tribunal it is unclear whether or not they have the
right to do so.

"We need to digest the full findings of the arbitration panel and will
consult our lawyers on the next steps we might take before making any
further comment," a West Ham spokesman told the BBC.

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West Ham still have 'Rights to Appeal' - Sheffield Utd may still Lose! -
Cmon Yu Irons
23 September 2008

The FA have said West Ham have no rights to appeal under the FA Rules, the
FA Rules only apply to the FA and not Sport in General. West Ham still have
the right to appeal at CAS (Court of Arbitration for Sport) in Lausanne,
which is where many football teams go to after arbitration hearings and
where i am sure Sheffield Utd would have went if they had lost. As of 2004,
the majority of recent cases considered by the CAS dealt with transfer
disputes within professional football.

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The Upton Park Academy is in safe hands with me, insists Hammers boss Zola -
Daily Mail
By Sportsmail Reporter
Last updated at 10:20 AM on 23rd September 2008

Gianfranco Zola is determined that his West Ham side will maintain a strong
emphasis on youth. The new Upton Park boss got off to the perfect start with
a 3-1 victory over crisis-club Newcastle and will take his squad to
Coca-Cola Championship side Watford for tonight's Carling Cup tie, where
some of the younger players could be given a chance to impress. current
England internationals Rio Ferdinand, Frank Lampard, Joe Cole and Michael
Carrick, the Hammers' academy has a long tradition of producing top-quality
players. Midfielder Mark Noble, an England Under-21 international, is one
first-team regular to have come up through the youth ranks, along with squad
men Freddie Sears, Jack Collison and James Tomkins. Zola - who worked with
the Italy Under-21s before taking up his post at Upton Park - is determined
for that conveyor belt to continue. 'I believe every club should have a
strong youth foundation, and that was one of my main aspirations when I came
here,' he said. 'I believe very strongly there should always be the
possibility of allowing young players to come through to the first team. 'I
know there are some good young players here and that the academy has
produced many top players over the years. 'It is one of my dreams to give
our young players the chance to play in our first team and become wonderful
players for this club. 'It is part of the project I have taken on here as
manager."

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Hope trumps expectation at Tottenham and Sheffield United - Daily Mail
Sheffield United want £30 million off West Ham, Darren Bent wants to score
30 goals this season for Spurs, Gareth Bale wants everyone at White Lane to
stop panicking and pull together and The Bung wants Big Suze off Peep Show's
phone number, but are any of these things really likely to happen?
By Steve Wilson and Mike Norrish
Last Updated: 10:24AM BST 23 Sep 2008

Those spiralling gas and electricity bills at Upton Park are about to become
very small beer indeed for West Ham United, if reports in today's Daily Mail
are to be believed, whilst Sheffield United will be able to stick a extra
bar on the electric fire for the coming winter months after an independent
tribunal in to the Carlos Tevez affair decided, a year and a half after the
rest of us, that the the Argentine was largely responsible for keeping West
Ham in the Premier League at the end of the 2006-07 season.

Tevez's move to Upton Park, you will remember, was deemed to be against the
rules but the Premier League's tardy response left them feeling unable to
dock West Ham points, instead fining them a record £5.5 million.

"We have no doubt that West Ham would have secured at least three fewer
points over the 2006-07 season if Carlos Tevez had not been playing for the
club," the tribunal decided.

"Indeed, we think it more likely than not on the evidence we heard that even
over the final two games of the season West Ham would have achieved at least
three points less overall without Mr Tevez. He played outstandingly well in
the two wins West Ham secured in those last two games."

A three point penalty would have sent them down and kept Neil Warnock's
Sheffield United up and the Yorkshire club are still demanding compensation,
£30, 396, 897.32 of it to be exact.

That figure comes from lost TV money, ticket sales and £4 million on the
deal that took Phil Jagielka to Everton because of a cause in his contract
relating to relegation. However, when considered the £4 million they did get
for Jagielka was spent on goal-shy big-boned forward James Beattie, the odds
on such a windfall guaranteeing United a swift return to the top flight
remain as slim as Kate Moss three weeks in to the Atkins diet.


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Warnock welcomes Tevez verdict
Tuesday, 23 September 2008
Independent.co.uk Web

Former Sheffield United manager Neil Warnock has welcomed an independent
arbitration panel's verdict in finding against West Ham in the Carlos Tevez
affair as "a matter for justice". But Crystal Palace boss Warnock, who later
left Bramall Lane after the club were relegated as the Argentina striker
fired the Hammers to safety, believes the money is a poor substitute for the
future his side could have enjoyed in the Premier League. Sheffield United
chairman Kevin McCabe today claimed victory after a 16-month battle to right
the perceived injustice of going down in place of a side who were fined a
record £5.5m, but not deducted any points, for playing Tevez and Javier
Mascherano in breach of league rules on third-party ownership. The panel are
yet to determine the size of the payout but although a figure of up to £30m
has been suggested, Warnock believes something even more valuable was lost
at the end of the 2006-07 season. "It's a matter for justice and I think
everyone in the country knows this is the right verdict," he told Sky Sports
News. "They have only claimed for one season (in lost revenues) and what
they would have missed out on on the field and off the field. "That's what
it comes to in today's game. It's not an awful lot at the top level...it's
one good player. "This justifies what Kevin McCabe has said all along: that
we were hard done by, that it wasn't done legally and we were fighting for
our rights. "It's the principle of the whole thing. We were appalled by the
original verdict."
Reflecting on the effect relegation to the Coca-Cola Championship had on the
Blades, he added: "It was scandalous. It changed one or two lives and it
shouldn't have happened. This verdict puts your faith back into the justice
system." "The club itself is geared up for the top level and it knocked us
back no end. "I think we would be doing very well (in the Premier League).
It (relegation) is on my CV, which it shouldn't be."
Announcing the arbitration panel's findings, McCabe this morning said: "I
can confirm that both clubs have been notified of the ruling. "The
arbitration panel has awarded in our favour. "The matter is still legally in
process so I do not wish to comment any further until we have completed that
process."

Tevez and Mascherano are both long gone from Upton Park, earning lucrative
moves to Manchester United and Liverpool respectively, while Kia
Joorabchian, whose MSI company were judged to have partially-owned the
Argentinian pair, is now a transfer consultant with the Hammers. He had
originally taken legal action against the east London club, claiming he was
owed £7.1m, but the parties agreed an out-of-court settlement earlier this
year. For their part, West Ham are now considering whether or not to appeal
against this latest ruling through the Court of Arbitration for Sport,
although that decision may hinge on the level of compensation that is fixed
when the arbitration panel meets again to determine a figure. Like Sheffield
United, West Ham signalled their intent to withdraw from the debate while
they consult legal representatives, telling PA Sport: "The club will need to
fully digest the findings of the arbitration panel and consult our lawyers
on possible next steps. It would not be appropriate to comment further at
this stage."

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FA LATEST: ARBITRATION STATEMENT - BarnsleyFC.com (!!??)
Posted on: Tue 23 Sep 2008

From www.TheFA.com
IN relation to the tribunal involving West Ham United FC and Sheffield
United FC, The FA can issue the following clarification. An FA spokesman
said: "The dispute has been heard by a private independent arbitration
tribunal set up under The FA's rules. "The arbitration tribunal is comprised
of one member nominated by each club, plus an independent member agreed upon
by the two parties. All aspects of the arbitration, including publicity, are
then a matter for the arbitration tribunal and the two parties concerned.
"For clarity, The FA did not sit in judgement on this case, did not have any
influence on the decision and did not appoint any of the tribunal members."

There is no further right of appeal under FA rules.

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Green concerned over Hammers future - Setanta
by Toby Davis, 23 September 2008

Robert Green admits West Ham's players face an uncertain future as they come
to terms with the new set-up at Upton Park. Former boss Alan Curbishley
resigned after claiming he no longer had control over transfer business and
was replaced by Gianfranco Zola at the helm. But goalkeeper Green admits the
players are still in the dark regarding their futures at the club are not
looking beyond the January transfer window. "The only thing clear now is
that you aren't going to go anywhere until January," Green told the Daily
Star "Then it all gets thrown up in the air again. As things have gone on,
it's become fairly apparent it's the board's decision on those things, along
with Gianluca Nani (West Ham's technical director). "I think it's very
difficult to weigh up how you feel about things. You just have to put your
head down and get on with it. They make decisions as they see fit and there
has to be an element of trust with people who maybe haven't got such a
hands-on role. "It's just something different for us to get our heads
around."

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Zola is left to pick up the pieces as West Ham face a huge payout over the
Carlos Tevez transfer - Daily Mail
By Andrew Hodgson Last updated at 10:07 AM on 23rd September 2008

When West Ham pulled off the biggest transfer coup in the club's history on
deadline day in August 2006, it all seemed too good to be true. Chairman
Terry Brown had secured the signatures of two Argentina World Cup stars and
made the Hammers major players in the Premier League. West Ham's loyal
supporters were in dream­land. Would they really be about to watch Carlos
Tevez and Javier Mascherano down at the Boleyn? The wish now must be they
had never touched either with a bargepole. True, Tevez scored the goal that
kept them up against his current club Manchester United but it is arguable
that they would ever have been in that position in the first place if he
hadn't moved from Corinthians.His appearance in the dressing room caused
much unrest. Mascherano was not the player he is now. He failed to settle
and moved to Liverpool in January last year.
Tevez only started to perform when the club were in dire straits and
although his efforts to keep the club up were seen as heroic, they could end
up costing them dearly. Already fined £5.5million by the Premier League
after being found guilty of acting improperly and witholding vital
documenta­tion over the players' ownership, they are now facing a much more
severe £30m penalty. All the parties involved in the deal, Brown, manager
Alan Pardew and the two players have now moved on. Owner Bjorgolfur
Gudmundsson and his new manager Gianfranco Zola are the ones likely to have
to pick up the pieces. Club officials have already insisted that they will
fight on if an independent Premier League tribunal rule that the Hammers
must pay that sum to Sheffield United who filled the final relegation spot
at the end of the 2006/07 season.They will need to fight. Such a huge sum,
in the current financial crisis, could prompt a firesale of players in
January. Former man­ager Alan Curbishley came under pressure during the
summer to offload the big-earners in his squad. Freddie Ljungberg was paid
£6m just to get him off the books. Bobby Zamora and John Pantsil went to
Fulham and offers were made for Craig Bellamy and Dean Ashton. West Ham also
lost their shirt sponsor two weeks ago when airline XL went bust. Worse
still, Gudmundsson, the Icelandic banking magnate who led the £98m
acquisi­tion of West Ham United two years ago, is set to bear the brunt of
the collapse of XL Leisure. He was the most substantial investor stand­ing
behind the mountain of debt which has funded XL for the past two years.
Gudmundsson is the chairman of Lands­banki, the Icelandic bank which lent
the £143m that financed the buy-out of XL from its then parent company, the
Icelandic stock exchange company Avion Group, in 2006. That loan, however,
was guaranteed by Avion, now a slimmed-down shipping and transportation
group known as Eimskip, in which Gudmundsson is also a significant investor.
All of which makes tonight's (Tuesday) Carling Cup tie with Watford a
sideshow for Zola. Saturday's win over Newcastle was achieved with an
attacking verve that had given a fresh sense of optimism around Upton Park.
The Geordies arrived in east London in a mess and were thoroughly outplayed
as David di Michele scored twice to give a renewed sense of expectation.
That could now vanish as the news sinks in about the damage that could be
inflicted on Gudmundsson. Sheffield United chairman Kevin McCabe said it
would be 'inappropriate' to discuss figures of compensation this morning.
But he previously said: 'If you say that the Championship play-off game is
worth £60m and Sheffield United's attendance last year was 31,000, with full
hospitality boxes and restaurants and broadcasting income, you would say
compensation is around £50m.' That figure may be unrealistic but what is no
longer in doubt is that Zola must lift his team to perform at even greater
levels in order to remain in the top flight. West Ham simply could not
afford to be relegated from the Premier League and miss out on the untold
millions that comes with it.

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Sheffield Utd still suing the Premier League - CmonYuIrons
23 September 2008

Sheffield Utd have not finished they are still in the process of suing the
Premier League. Sheffield United argued that West Ham won at least three
points inspired by Tevez during the 2006-07 season, when the Tevez was
illegally registered at West Ham. We have to remember that the hearing has
so far only said they find in favour of the little fizzy pop league club and
no financial award has been given, the award of payment will be fought out
for months to which West Ham can accumulate more interest on the money
before parting with what will be agreed by both clubs.
Sheffield Utd are still in the process of suing the Premier League because
they feel that justice was not served in the 2007 hearing by the Premier
League where West Ham were fined £5.5m and Sheff U stayed relegated. It is
not possible to deduct points from West Ham now and also impossible for
Sheff Utd to be promoted, and to be honest, looking at the stats for
Sheffield Utd and the amount of good players that have jumped ship, it could
be a few more seasons until they find their way to top class football.

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West Ham "need to digest" shock £30M ruling
23.09.08 | tribalfootball.com

West Ham United will spend today mulling over the prospect of paying massive
damages in compensation to Sheffield United. The Hammers face a massive bill
after an independent tribunal ruled against the Premier League club over the
Carlos Tevez affair. Kevin McCabe, the Sheffield United chairman, refused to
be drawn on how much his club would get but reports suggest it could be as
much as £30 million. Sheffield United argued that West Ham won at least
three points inspired by Tevez during the 2006-07 season, when the player
was illegally registered to the Upton Park club. This cost Sheffield United
relegation to the Championship and the revenue earned by being in the top
flight. A West Ham spokesperson told BBC Radio 4:"We need to digest the full
findings of the arbitration panel and will consult our lawyers on the next
steps we might take before making any further comment."

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West Ham set to fight Blades' £30m compensation claim after tribunal finds
against Hammers in 'Carlos Tevez affair' - Daily Mail
By Ken Dyer Last updated at 9:43 AM on 23rd September 2008

West Ham were preparing to fight an independent tribunal's decision to rule
in favour of Sheffield United over the Carlos Tevez affair. The Upton Park
club could be facing a crippling £30million damages payout but their lawyers
are looking at ways to appeal against the decision which they believe could
set a dangerous precedent for football. A club spokesman said: "We are
digesting the report of the arbitration panel and will decide the next step
once we have consulted with our lawyers."
One possible route for West Ham would be to go to the Court of Arbitration
for Sport in Lausanne. The decision by the tribunal, chaired by Lord
Griffiths, has stunned West Ham, who had already been fined £5.5m by the
Premier League in April 2007 for breaking transfer rules, including
withholding documentation, over the controversial signing of Argentine pair
Tevez and Javier Mascherano. The panel decided not to deduct points that
would probably have seen the club relegated and Tevez was cleared to play,
scoring the only goal against Manchester United on the last day of the
season at Old Trafford. West Ham eventually finished on 41 points with
Sheffield United going down on 38. A damages hearing will now be held to
decide on the level of compensation which West Ham will have to pay but
United are demand­ing an exact figure of £30,396,897 and 32p in lost revenue
- including £4m for Phil Jagielka, who was sold cheaply as a result of the
drop. West Ham, who lost their main spon­sor XL earlier this month after the
travel company went into liquidation, would have to sell players to find
that sort of amount at a time when owner and chairman Bjorgolfur
Gudmunds­son is already trying to make the club self-sufficient.
A decision like today's though could have enor­mous ramifications, with
clubs prepared to consider legal action if a referee's decision means they
end up being rele­gated. The judgement on the Tevez affair, announced today,
reads: "On the total­ity of the evidence, we have no doubt that West Ham
would have secured at least three fewer points over the 2006-07 season if
Carlos Tevez had not been playing for the club. "Indeed, we think it more
likely than not on the evidence that we heard, that even over the final two
games of the season, West Ham would have achieved at least three points less
overall without Mr Tevez. "He played outstandingly well in the two wins that
West Ham secured on those last two games."

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Should West Ham be punished twice? - The Times

West Ham United face paying massive damages in compensation to Sheffield
United after an independent tribunal today ruled against the Premier League
club over the Carlos Tevez affair. Although no figure has yet been agreed,
it could be as much as £30 million. This is on top of the £5.5m West Ham
were fined in April 2007 by an independent panel for irregularities in
Tevez's and Javier Mascherano's registrations - which centred on third-party
ownership. So West Ham are being hit in the pocket twice. For an error that
was made under the previous owners of the club. And a previous manager.

Is this right?

There is no doubt that the Upton Park club was guilty of wrongdoing, but how
many times must they be punished? If the original fine was not enough then
isn't it the panel who came to that original conclusion that should be
looked at, not the club?

Or is this much nearer the mark? Do Sheffield United deserve to be
compensated for the millions they have lost through revenue by not being in
the Premier League?

And when will this all end? If Sheffield United are not happy with their
payout will they fight for even more? This is an incident that happened two
years ago - and that has already been dealt with by the Premier League AND
the High Court. Isn't it time to draw a line under the whole sordid affair?

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West Ham summer sales influenced by £30M compo ruling
23.09.08 | tribalfootball.com

With a massive £30 million compensation bill facing them, it's been
suggested West Ham United's rash of sales in the summer was done in
anticipation of yesterday's ruling. West Ham face the possibility of a £30m
damages payout after an independent tribunal found in Sheffield United's
favour over the Carlos Tevez affair. The Guardian says West Ham's keenness
to sell players this summer is now thought to have been prompted by a need
to raise funds in anticipation of the judgment. Freddie Ljungberg was paid
to leave to get him off the wage bill, Bobby Zamora and John Paintsil were
sold to Fulham, and Richard Wright and Nolberto Solano also left. The sale
of Anton Ferdinand and George McCartney to Sunderland, apparently against
Alan Curbishley's wishes, precipitated the manager's resignation. Seven
other players - including Dean Ashton, Craig Bellamy and Scott Parker - are
also thought to have been available at the right price.

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Follow the key events in the Carlos Tevez affair - The Times
Javier Mascherano and Carlos Tevez signing for West Ham
Times Online

2006 August 31: West Ham United pull off a major coup by signing Carlos
Tevez and his Argentina team-mate Javier Mascherano, whose contracts were
previously held by Kia Joorabchian's MSI company.

2007 January 31: Mascherano signs for Liverpool.

March 2: West Ham are charged by the Premier League for breaching their
rules in relation to the signings of Tevez and Mascherano.

April 4: A three-man panel is appointed by the Premier League to investigate
the signings of Tevez and Mascherano.

April 26: A hearing into the transfer of Tevez and Mascherano begins.

April 27: West Ham are fined £5.5million but spared a points deduction after
pleading guilty to breaking Premier League rules. The verdict also rules
"the registration of Tevez can be terminated by the FA Premier League" but
Tevez is later cleared to play on for the Hammers.

May 4: Charlton Athletic, Fulham, Sheffield United and Wigan Athletic send a
letter to Richard Scudamore, the Premier League's chief executive,
confirming they are "separately in the process of obtaining legal advice
arising out of the terms of the decision".

May 13: Tevez scores the winning goal in 1-0 defeat to Manchester United
which ensures West Ham avoid relegation.

May 15: Fifa say they will investigate Premier League ruling.

May 16: Sheffield United file "arbitration proceedings" against the Premier
League in a bid to overturn the decision not to deduct points from West Ham.
Premier League chairman Sir Dave Richards and chief executive Richard
Scudamore send a six-page letter to all 20 club chairmen defending the
decision.

May 22: The Premier League agree to set up an arbitration tribunal to rule
on Sheffield United's complaints over the affair.

May 25: Brighton write to the FA seeking clarification over the West Ham
striker's eligibility to play in their FA Cup third-round clash back in
January.

June 2: Premier League chairmen agree a new rule forcing clubs to disclose
every document connected to player transfers to improve "clarity".

June 13: Sheffield United plc chairman Kevin McCabe threatens to turn to the
European Commission to seek compensation if the independent arbitration
panel reject their bid to overturn their relegation.

June 18: At the first day of the hearing Sheffield United call on Liverpool
chief executive Rick Parry, as first chief executive of the Premier League,
to answer questions about when the rules were first established.

June 19: At the conclusion of the hearing, McCabe reveals a verdict is
expected "by the end of the month, maybe sooner".

July 3: Sheffield United lose their legal challenge against the Premier
League after an arbitration panel dismiss their claim over the Tevez affair.


July 4: Sheffield United investigate the possibility of a High Court appeal,
on the basis that the arbitration panel made an "error in law" in not
referring the Tevez case back to the original independent three-man panel
which fined West Ham in May.

July 6: Tevez agrees personal terms with Manchester United. The deal is held
up as the Premier League insist proceeds of the deal must go to West Ham and
not to Joorabchian or MSI.

July 11: West Ham reject an official request from Tevez to cancel his
contract with the club.

July 13: Following a private hearing at the High Court, Sheffield United's
attempt to gain leave to appeal the arbitration panel's decision is refused.


July 17: Tevez flies into Manchester airport for a proposed medical but
stalemate between the West Ham and Manchester United casts doubt over the
examination.

July 18: David Gill announces the United will ask Fifa to arbitrate on the
Tevez transfer.

July 24: Fifa recommend case to be referred to Court of Arbitration for
Sport after deciding not to become involved. However, Joorabchian opts to
issue High Court proceedings against West Ham.

August 1: Newspaper reports claim a document was produced in the High Court
showing West Ham agreed to Tevez's third-party ownership after the Icelandic
takeover, although the club question its authenticity.

August 3: West Ham confirm they have reached a £2m settlement with Tevez's
representatives which will allow the Argentinian to leave the club for
United.

August 10: Tevez is confirmed as a United player.

August 16: Sheffield United announce their intention to sue West Ham for
cost of relegation from Premier League. West Ham describe the action as
"desperate".

2008

September 23: An FA arbitration hearing rules in favour of Sheffield United
in their claim for compensation from West Ham.

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West Ham's Bubble Burst by injustice - westhamblog.co.uk

According to the papers this morning, Coca Cola Championship side Sheffield
United have won their claim in court against Premier League side West Ham
United for damages resulting in us playing Carlos Tevez two seasons ago.
There is speculation that the fine we can receive will be up to £30m, the
'price' of relegation.The judgement is flawed on so many levels, but this
for me is the biggest one. The judgement apparently reads; ''On the
totality of the evidence, we have no doubt that West Ham would have secured
at least three fewer points over the 2006-07 season if Carlos Tevez had not
been playing for the club.

'Indeed, we think it more likely than not on the evidence that we heard,
that even over the final two games of the season, West Ham would have
achieved at least three points less overall without Mr Tevez. He played
outstandingly well in the two wins that West Ham secured in those last two
games.'

This is such an abstract argument. How about the fact that the Tevez and
Mascherano signings initially de-railed the club? How about the fact that
it took Tevez over half a season to score for us? How about the fact Tevez
played against Sheffield United when they beat us 3-0? How can there be any
guarantee that the player who would have played in Tevez's place for the
final two games would not have scored? How about the fact that a draw at
Man Utd would have sufficed, so if Tevez had not being playing, by the
panel's logic, we would have got the point we needed. And don't tell me we
would not have beaten Bolton at home either. I've already had triumphant
emails from soon to be relegated Spurs 'fans' laughing at this judgement.
But this is no laughing matter for football in general. Why don't club
start to use other clubs for buying their players who could have saved them
from relegation? Why don't Watford sue the ref for the 'goal' on Saturday?
Sheffield United are taking no responsibility for their failure as a club to
get the points they needed in their last few games to stave off relegation.
They lost to Wigan at home on the final game of the season and that is not
Carlos Tevez's fault.

The findings are a disgrace, but clearly the club were preparing themselves
for this, hence the sale of Pants, Zam, Anton and Macca. Did you really not
see it coming Mr Curbs? Anyway, part of me is like, let's pay the whinging
Northerners and let them have their moment of glory, they are still a pile
of rubbish languishing in the fizzy pop league. The other part wants to
fight this, to ask the FA how the players were cleared and then this
happens? To make clubs take responsibility for their actions on the field,
not seek some kind of justice off it. In fact, I want the blunt Blades to
get promoted again, this time we can send them down with Zola's Claret and
Blue army with even greater pleasure. Come on you Irons!

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Warnock claims justice at last - Setanta
by Chris Stanton, 23 September 2008

Former Sheffield United manager Neil Warnock has backed the findings of an
independent tribunal that West Ham would have been relegated two seasons ago
had the illegally registered Carlos Tevez not been a Hammers player. The
Championship side are reportedly seeking around £30 million in compensation
from The Hammers and their cause was given a major boost on Tuesday when it
was confirmed that an independent tribunal had ruled in their favour.
Speaking to Setanta Sports News, Warnock, who was The Blades' manager when
the team were relegated a year ago last May, hailed justice at last. Warnock
said: "It's not surprising. I got quite carried away myself. It was such an
injustice at the time. Although West Ham came up with a lot of excuses, the
bottom line is they wouldn't have stayed up without Tevez. That's the
verdict and it's nice to see a panel coming up with the correct decision. "I
think West Ham were confident they'd get away scot free. People were saying
we should forget it and put it to bed but it's not one of those – it's a
matter of principle. "They wouldn't have stayed up without Tevez – even West
Ham fans know that. I see them all over the show and they have a smirk and a
laugh at me but it's about time that justice wasn't glazed over." Asked
about how The Blades had compiled their bid for compensation, Warnock added:
"They based it on all the income they lost – TV rights, gate receipts for
that one season. I don't think they've gone beyond one season and they came
to just over £30 million. However Warnock believes there is no possibility
of either a West Ham points deduction or a possible reinstatement to The
Premier League for Sheffield United. He added: "For the head of the
[original] tribunal to say that he felt sorry for the West Ham fans and
that's why he didn't dock points was absolutely pathetic. It really helped
our fans when we went down to hear that!"

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