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Manchester United are seething at suggestions that they made an illegal approach for Carlos Tévez. United were given permission by West Ham United to speak to Tévez, although Eggert Magnússon, the West Ham chairman, insisted last night that there was “no agreement” for the Argentina forward to leave the club. “No decision on his future can be reached without the agreement of West Ham,” Magnússon said.
Nonetheless, United expect to complete the signing of Tévez on a two-year loan once the player returns from Copa America in Venezuela later this month. Provided the deal is ratified by the FA Premier League, which has insisted that any fee for Tévez must be paid to West Ham and not Kia Joorabchian, the businessman who owns the economic rights to the player, the 23-year-old will undergo a medical having already agreed personal terms worth £90,000 a week.
With serious doubts still surrounding the transfer, however, The Times answers the questions that matter:
Who owns Carlos Tévez?
West Ham United hold the player’s registration. Kia Joorabchian’s Media Sports Investments firm owns the economic rights to the forward.
Does Tévez’s transfer to Manchester United mirror Javier Mascherano’s move to Liverpool in January?
Yes and no.
How do they differ?
Liverpool signed Mascherano on an 18-month loan – at the end of which they have the option to buy the player permanently – after West Ham ripped up the player’s registration and gave up any rights to him to facilitate the transfer. Joorabchian, who owns the economic rights to Mascherano as well as Tévez, was paid £1.5 million by Liverpool as part of the deal.
United have agreed a two-year loan deal for Tévez, with the option to sign the forward permanently at the end of that period, but West Ham cannot simply give up the rights to the player in this case to facilitate the transfer.
Why not?
After the verdict delivered by the independent commission into the transfer on April 27, when West Ham were fined £5.5 million, the club were given three choices. Either they stop playing Tévez, they bring the third-party agreement with Joorabchian into line with FA Premier League rule U18 so Joorabchian could not materially influence the club’s policy, or, finally, terminate its agreement with Joorabchian on the proviso that they would continue to behave in that manner and assert their rights over the player.
So what did they do?
Given that Tévez was central to the club’s hopes of staying in the Premiership, West Ham decided to terminate their agreement with Joorabchian and assert their rights over the player. As part of the agreement, West Ham would effectively have to answer to the Premier League regarding any future dealings with Tévez. Even if they wanted to, they could not simply terminate the player’s contract, but the decision left the club open to a legal action from Joorabchian for breach of contract.
So what has to happen to satisfy the Premier League before Tévez can join Manchester United?
United must strike a deal with West Ham for Tévez. That means that any fee – thought to be £6 million over the two years – would have to be paid to West Ham and not Joorabchian.
But couldn’t West Ham just receive a fee from United and then give it all to Joorabchian as compensation?
No. The Premier League would want to see that a “significant portion” of the transfer fee remained with West Ham and, given that it has power to scrutinise transactions over £25,000, that would be easy. Otherwise, it could be accused of trying to cover up the third-party agreements that caused so much controversy in the first place.
But what about Joorbachian? Won’t he try to sue West Ham if he does not receive some compensation for a player he holds the economic rights for?
He could, but it is likely that, somewhere down the line, West Ham will pay him a compensation fee in an out-of-court settlement, although that will have to be handled carefully.
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I think this is being over complicated here - in straightforward terms, West Ham bought and registered both players but Kia actually paid for them. The two issues whilst clearly related are in fact separate.
West Ham thus have sole playing rights over the players whilst Kia, as indicated above, has the "ecomomic rights" in terms of wanting to be paid back at some point with interest and profit.
What Tevezgate has highlighted is just how common this type of 3rd party investment is in football.
JC, Greengate,
What puzzles me, is if the original contract was illegal and (some say) therefore unenforceable in law, how can the registration that WHU have for Tevez be valid?
Further, how can WHU become the owners of Tevez from such a contract? Surely if the contract was illegal and unenforeable then it becomes null and void, as does the registration that WHU have for Tevez?
I am a Sheffield United supporter and have some sympathy for the situation Egghert Magnusson found himself in when he took over WHU. However, having discovered the fault, surely the Premier League should have insisted that the contract be redrawn to comply with PL rules and Egghert Magnusson should seek compensation from both Joorbachian and the WHU advisors who drew up the illegal contract in the first place?
If we have to play in the Championship so be it, but I do hope that Kevin McCabe goes all the way with his legal challenge so at least we can uncover exactly what has transpired in all its gory detail.
Mike, Leeds,
I think we can safely say the FA have messed up big time on this one. In a desperate attempt to deflect a potential can of worms (deducting WH points) the FA adopted a save face strategy that they must have known would come back to haunt them. Or did they really think Tevez would stay at WH for life and they would never have to face a transfer farce like this?
Michael, singapore,
Westham have never claimed to own the economic rights to Tevez, but they do own his registration, the economic rights to Tevez whilst he stays at WHU are restricted to his commercial activities. The agreement that they ripped up was one that could have given Kia the right to sell Tevez without WHU's permission, returning only a nominal fee back to WHU. They ripped it up because it was not enforceable under english law and was therefore void at birth. At no time was Tevez ineligible to play for WHU however the question that now needs resolving is how Kia and WHU sort out the fact that WHU have control of Kia's property and are the only ones who can release him to play for another club, which they clearly do not want to do.
Keith, Witham,
So effectively the FA have to penalise Man United who have acted in good faith, having gone into negotiations with Tevez and Joorbachian with West Hams permission because the PL are insisting on forcing Joorbachian to accept West Hams breach of Contract in order to avoid admitting that they got it wrong by letting the Hammers play Tevez after April.
Sureley there's another easier way out, West Ham and the PL admit they made mistakes in the way they handled the situation, West Ham give up Tevez Registration and the PL split West Hams share of the PL money for next season between WH and Sheffield.
Or all agree that now that the season is over and because WH didn't take up their option to negotiate the purchase of Tevez and were not able to agree a new loan deal acceptable to the PL, West Ham or Joorbachian the Hammers can give up his registration.
steve B, Bedfordshire,
It was clear from the start that the whole deal with West Ham was dodgy. John is perfectly right it takes two to rip up an agreement, and the Premier League should have declared the whole business to be illegal at once. Any goals scored by Tevez (and Mascherano) should have been ordered expunged from the records and the points altered accordingly, as well as a six- point deduction. A fine was never going to be sufficient punishment, and could have been omitted or ordered paid to charity.
How comforting for me as a supporter of a bigger and more important club than even West Ham, that the big batallions of the Premier League are on our side.
Mike, Shepperton, UK
West Ham and the Premiership authorities have to continue saying things which are consistent with the judgement that was delivered over Tevez by the Premiership. Otherwise the current legal action by Sheffield United could gain traction in the courts.
When it comes down to it their words will be seen to be the smokescreen they are when eventually Tevez's owner gets the money.
Why do we have to witness such stupidity on the part of the Premiership?
Marek, London,
Sounds a bit like the Jon Obi Mikel deal to me; tiptoeing along on the edge of legality. Chelsea got ripped off on that one, although with the findings of the current police investigation, that 16 million may have to be paid back eventually. With SAF's hypnotic control over the FA, that would be unlikely though. Oh well, for Roman, it's only beer money anyway.
Barrie Collins, Long Sault, Ontario, Canada
People! West Ham won more points than other teams that got themselves relegated from the PL last season. SUFC only needed a clean sheet in their last (HOME) game of the season to stay up!
Thats how the league works....results on the pitch.....
Tevez did not relegate them. Warnock and his rubbish team did.
Now move on please....................
geoff, Snoozeland,
sheffield united should be reinstaled to the premier league!what a farce!5,5 million pounds fine-but receive 6 m.ha ha.
borian radev, yambol, bulgaria
its less a problem of how much West Ham paid, really. and they dont exactly give you register-printed recipets for the "purchase" of a player. from speaking to a good friend that grew up in Argentina as a Corinthians fan, some light can be shed by revealing this:
registration rights are owned by them team (meaning, for said period of time, said club is only place player can play, short of loan/sales.)
economic rights include endorsements and anything the player brings outside of his stipulated contract to play. that is perfectly legal in Argentina as i was told.
what seems to me to be the real issue here, is how much MU will hand out to WHU for transfer/loan fee, AND whether or not Kia makes a claim to part of that money.
one possible avenue seems that MU will pay WHU for his registration AND pay Kia some fee also. separately, we will see what Kia has to say about WHU breach of contract.
i think SAF will try to take one from Rafa's Mascherano dealings.
Bubba, Idaho, US / Wapping, UK, USA / UK
I'm sure the premier league could find a way to sanction the deal if they wanted to. They have painted themselves into a corner over their original decision not to dock WHUFC points; they KNEW who owned Tevez, regardless of whether WH said they had "torn up" their contract. Can they seriously say they believed that made the slightest bit of difference to who owned the player? NO. No more than I can tell the Halifax that I don't have to pay them any more mortgage payments because I have "torn up" their contract with me.
So now they are moral guardians. They were happy enough to let Mascherano go to Liverpool even though all the same issues applied to that player. Why don't they tackle some of the really dubious issues that are clouding the integrity of the Premier League - like allowing corrupt dictators buy a club with other people's money? Or allowing second rate tycoons to buy a club with other people's money - and landing that club with a mountain of debt into the bargain?
jrag, swampy island, Rep. of Mancunia
What I don't get is how West Ham can just "rip up" its contract with Tevez's agents. Surely, like any contract, its a two-way thing and can only be "ripped up" if both parties agree. I'd like to rip up my mortgage contract with my bank and keep my house, but I think the bank would beg to differ. Seems to me that the premier league is trying to do anything it can to ensure its decision not to deduct West Ham points does not come under further scrutiny. Sheff Utd should keep going with their just fight!
John Grieve, Munich,
Let me get this right. The FA, who should have docked West Ham points for fielding an ineligible player, but who fined them instead, are now insisting that West Ham receive about £6m (enough to pay off the fine) for the same player, whom they don't own in the first place........................??!!
Colin Wood, Sutton Coldfield, West Midlands
If Tevez has made up his mind to leave West Ham, just exactly what can West Ham do except admit that they did NOT in fact sort out his contract properly with Joorabchian. The Premier League and Scudamore and Richards will definitely feel the heat from everyone then.
Rezwan, Manchester,
If the FAPL were happy that the contract of Mascherano be ripped up that is exactly what should have happended with Tevez's contract who shouldn't have been allowed to play after the tribunals verdict.
Why was Scudamore involved in contacting WHU and trying to bend the rules to allow Tevez to continue playing BEFORE the tribunal had given it's verdict, instead of treating it as a sub judice? That was the position of the FAPL's company secretary so why not also the Chief Exec.?
Why did the FAPL not insist on seeing a written legal document from Joorabchian that gave up his econonmic rights, before given clearance to play? Or why wasn't he called as a witness at both tribunals?
Who at the FAPL interreferd by instructing the so called 'independent disciplinary committee' NOT to immediately cancel Tevez's registration?
The whole affair stinks of corruption.
Why aren't journalists digging into this tawdry scandal and asking these questions?
Justice for SUFC
D Rankin, Ashby, UK
Oh, What a tangled web we weave,
when first we practice to deceive!
It seems the only way to resolve this issue is to tell more lies and cover up more dodgy dealings.
The FA and PL must either enforce their rules or ditch them altogether. I bet the Blades are watching this with interest.
Mark, Grangemouth, UK
Interesting piece on the legal ramifications.
On a footballing level, Tevez's signing is a mouth-watering prospect for Utd, and, together with Rooney and Ronaldo, could help Utd stay at the top for many seasons.
And who said Fergie should retire peacefully?
Adam Mountford, Wimbledon,
i think tevez would be a grate sining for united because ronaldo can not score all da goals and ronaldo,tevez,rooney togeter i can see the CHAMPIONS LEAGUES,PERMERSHIPS,FA CUPS!!!!!!
Dale O Donnell, Clonmel, tippeary
I believe that the real problem stems from West Ham cancelling their agreement with Joorabchiran. Surely a contract is a two way agreement and one party deciding to cancel the agreement must also be agreed with the other party. West Ham's actions after the PremierLeague's decision was totally one sided and as such the contract that they entered into with Joorabchiran still stands. Essentially meaning that legally he and not West Ham own the player.
I fear that this is the major issue. If this is proven in a court of law (and with the Blades high court case pending) it would mean West Ham have continued the play Tevez illegally but more importantly with the PremierLeague's blessing. Which would open both parties up to Law Suits from Sheffield United.
What ever happens, morally everyone knows that West Ham are at fault and the PremierLeague handled things very badly indeed, but that will not help the Blades.
As for Tevez, he will definately be at Old Trafford next season!
Stephen, Bromsgrove,
on that basis i would say that sheffield united should be reinstated to the premier league and west ham relegated
john green, worthing,
Mmmm. All above board then. Do the PL think we are all idiot enough to believe that Joorabchian has given up all claim to an asset he paid millions for from the South american Club. Apparently so.
Stephen Rowley, London, UK
To write the above article you must live in Cloud cuckoo land.
Every man and his dog know west ham have lied to stay in the prem, they obviously have big friends at the top.
Although a utd fan, this Tevez deal cannot be allowed until the agent agrees to give up ALL rights of ownership of Tevez.
The next move for utd should be a human rights commission to get Tevez's agent jailed for slave trading.
Mikey, Birminghum,
Above is very helpful. Appears that there is general agreement that Joorbachian does have strong case for owning/controlling player who kept West Ham in Premiership by playing 3 games after West Ham said they had regained his control, otherwise why would everyone think the transfer money will eventually make its way to him?
This is obviously unfair on Sheffield United. Is there nothing they can do to unmask the situation? Would the Premiership want to be seen to be acting unfairly in its dealings between West Ham and Sheffield United?
Richard, Surrey,
It is very common for agents to own players, and all to probable that many of them expect to have an influence on future transfers (which, as we now know, is illegal).
West Ham have insisted - publicly and in writing - since before the end of the season that they have Tevez contracted for 3 more years. If the Premiership allows Man Utd to deal directly with Jia (the agent) then they will effectively be allowing their own rules to be broken. That is not going to happen!
I don' t have much sympathy for the agent in this case, since he, presumably, knowingly entered into an illegal agreement to his advantage: the one he made with Chairman Brown (on the previous West JHam Board).
As far as the present Chairman "Eggs" is concerned, that dodgy agreement has already cost him a whopping 5.5 million, three times more than any previous fine. My guess is that West Ham and the Premiership will stick to their laurels and ensure that Man utd deal directly with the Hammers.
daviejohnson, portsmouth,
How much did the hammers pay for Tevez?
And when?
I hope they have receipts.
David Livesey, manchester.,
Egghert Magnusson should do the decent thing and let Tevez go where he wants to go.
The rest of the premiership are sick of the antics of West Ham.Cheating,boasting & offering stupid money.
No one likes West Ham, Few players want to join them; those who joined them did it relutantly Faubert and Parker.Their recent signings are mercenaries;Neil,Boa Moate & Upson.What do you make of players that have escape clauses in their contracts ? It's a club fill with playboys and prima donnas;Ferdinand etc.
Go back to the championship where you belong and become spurs eternal feeding club and spurs players retirement ground.
Magnusson, money don't buy you class or charisma.
COYS !!!
Joshua, Singapore,
.Joorabchian is not disputing the fact that West Ham did sign Tevez on a permanant contract so why anyone would ask to see reciepts when they hold the players registration I do not know
michellevids, londond, england
Why would West Ham recieve transfer money when they have never paid a transfer fee for the player in question? Obviously, this stinks. Once again the FA prove to be incompetent.
Moscow, Philadelphia, USA / Pennsylvania
There're many different information in many newspapers. I think MU will sign Tevez with the agreement of both Kia and Hammer.
But the money is Kia's
Tuan Anh, Hanoi, Viet nam
The whole Trevez business stinks.Everybody knows West Ham `got away`with it.I just hope they get their just deserts now he wants a move.
Richard Dodd, Merseyside, UK
The credibility of the Premier League, the FA, West Ham United, and any and all other parties to this situation is on the line. Most probably, anything short of West Ham being demoted will not put things right.
All future perceived or real questionable situations will no longer have the previously solid credibility of English football as a reassurance to fans and business partners.
Al, Odessa, Ukraine
liverpool rules!!
Muhammad, kuala lumpur, Malaysia
That's all very interesting but i'd be more interested to know how much did West ham pay for Tevez? Presumably they have receipts.
What a mess.
David Livesey, manchester.,
What nonsense! What if Tevez decides to play for a club in Spain or China?
Sam, USA,