Another thought on the Tevez deal

If West Ham didn't sign him correctly when they say they did, and hence fined. When they did sign him correctly wouldn't this have been outside the transfer window?

I know it doesn't effect us directly, and Fergy's said something similar!, but this could have long term implications for everyone.

 

you are absolutely correct nt

 

Dave Whelan reckons thePremier Leagueopened a special transfer window just for west ham, he wants them to show proof that this isn't the case.

 

I'm not so sure.

This makes it much clearer:

http://news.bbc.co.uk/1/hi/business/6634843.stm

Yours in sport,

Stevey T.

 

Tony Cottee rekons he will have gone in the summer nt

 

I think Tevez makes his future quite clear in this article:

http://news.bbc.co.uk/1/hi/entertainment/6649933.stm

Yours in sport,

Stevey T.

 

I was reading this earlier on bbc

<table width="633" cellspacing="0" cellpadding="0" border="0" style="height: 2492px"><tbody><tr><td valign="top" style="width: 416px">

<font size="2">The Premier League's decision not to dock West Ham points after the club breached regulations in the signing of Carlos Tevez and Javier Mascherano prompted surprise and anger from their relegation rivals. </font></p>

<font size="2">Tevez's goal at Manchester United safeguarded the Hammers' Premiership safety on the final day of the season. </font></p>

<font size="2">But relegated Sheffield United have vowed to carry on their threat of legal action over the Premier League's ruling. </font></p>

<font size="2">BBC Sport looks at the ins and outs of a complicated case and whether there could be any appeal against the decision. </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">WHAT EXACTLY DID WEST HAM DO WRONG?</font></div> <font size="2"> </font>

<font size="2"> <table width="203" cellspacing="0" cellpadding="0" border="0" align="right"> <tbody><tr><td> <div> <div class="cap">Tevez (left) and Mascherano joined West Ham in August</div> </div> </td></tr> </tbody></table> It is not explicitly against Premier League rules for a club to sign a player whose economic rights are owned by a third party - as in the case of Tevez and Mascherano. </font></p>

<font size="2">However, rule U18 states: &quot;No club shall enter into a contract which enables any other party to that contract to acquire the ability materially to influence its policies or the performance of its team.&quot; </font></p>

<font size="2">When signing Tevez and Mascherano, West Ham entered into a private agreement with the companies which owned their economic rights. </font></p>

<font size="2">The contract stated, among other things, that those companies had the right to terminate the players' contracts upon payment to West Ham of &pound;2m (in Tevez's case) or &pound;150,000 (for Mascherano) in the January transfer window. </font></p>

<font size="2">By entering into that agreement, West Ham clearly broke rule U18. </font></p>

<font size="2">Premier League rule B13 states: &quot;In all matters and transactions relating to the league, each club shall behave towards each other club and the league with the utmost good faith.&quot; </font></p>

<font size="2">When Tevez and Mascherano were registered as players, West Ham failed to disclose that they had entered into an agreement with third party companies. </font></p>

<font size="2"> <table width="208" cellspacing="0" cellpadding="0" border="0" align="right"> <tbody><tr> <td style="width: 5px"></td> <td class="sibStdQuote"> <div> <div class="mva"> In my opinion, West Ham received favourable treatment
</div> </div> <div class="mva"> <div class="mva">Lawyer Mel Goldberg</div> </div> </td> </tr> </tbody></table> </font></p>

<font size="2">In its judgement, the Premier League's independent commission said: &quot;This was not only an obvious and deliberate breach of the rules, but a grave breach of trust as to the Premier League and its constituent members. </font></p>

<font size="2">&quot;In our finding the club has been responsible for dishonesty and deceit.&quot; </font></p>

<font size="2">West Ham pleaded guilty to both breaches of Premier League rules. </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">WHY CAN TEVEZ STILL PLAY FOR WEST HAM?</font></div> <font size="2"> </font>

<font size="2">There was never a problem with Carlos Tevez's, or indeed Javier Mascherano's, registration as a player. </font></p>

<font size="2">West Ham's mistake was in not disclosing to the Premier League that they had entered into an agreement with the companies that own the pair's economic rights. </font></p>

<font size="2">West Ham say they ripped up that agreement as soon as the commission delivered its verdict. </font></p>

<font size="2">However, there appears to be some doubt over whether Kia Joorabchian, who part-owns one of the third-party companies and was influential in Tevez and Mascherano's arrival at West Ham, agreed to that. </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">WHY CAN MASCHERANO PLAY FOR LIVERPOOL?</font></div> <font size="2"> </font>

<font size="2">Mel Goldberg, a lawyer for Max Bitel Greene who specialises in sport, explains: &quot;Mascherano subsequently signed for Liverpool pursuant to a contract entirely different in form to that agreed by West Ham and which has been approved by the Premier League.&quot; </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">WHY WEREN'T WEST HAM DOCKED POINTS?</font></div> <font size="2"> </font>

<font size="2">The commission concluded that a deduction of points &quot;would normally follow from such a breach of rules&quot;. </font></p>

<font size="2">However, it went on to say that docking points would &quot;not be proportionate&quot;. </font></p>

<font size="2">It gave seven reasons for that decision, including the club's guilty plea, and also: </font></p>

</p><font size="2">[*]
A points deduction so late in the season might have consigned the club to relegation </font>

</p><font size="2">[*]
The players and fans of West Ham are in no way to blame for the situation and therefore should not suffer </font>

<font size="2">Goldberg admits he found those reasons for the penalty baffling from a legal standpoint. </font></p>

<font size="2">&quot;They could have been harder on West Ham,&quot; he told BBC Sport. </font></p>

<font size="2">&quot;In law, the fans have no bearing on the case. It's no good saying 'we don't want to upset the fans'. What about the Wigan fans? The timing of the case being presented is also irrelevant. </font></p>

<font size="2">&quot;The Commission shot themselves in the foot. It comes down to whether the rules have been broken or not and they should have been penalised appropriately. </font></p>

<font size="2">&quot;In my opinion, there is no question about it. West Ham received favourable treatment.&quot; </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">COULD OTHER CLUBS SUE THE PREMIER LEAGUE?</font></div> <font size="2"> </font>

<font size="2"> <table width="203" cellspacing="0" cellpadding="0" border="0" align="right"> <tbody><tr><td> <div> <div class="cap">Paul Jewell's Wigan are among the clubs considering action</div> </div> </td></tr> </tbody></table> On Friday 4 May, West Ham's relegation rivals Charlton, Fulham, Sheffield United and Wigan sent a letter to the Premier League warning that they were considering what steps to take in regards to the Independent Commission's judgement. </font></p>

<font size="2">In response, the Premier League sent a letter to all 20 Premiership clubs telling them that any legal action would be &quot;bound to fail&quot;. </font></p>

<font size="2">Goldberg agrees. He told BBC Sport before the final round of matches in the Premiership: &quot;The clubs have agreed to accept the decision of the Premier League in these matters. </font></p>

<font size="2">&quot;Whether they like the decision or not, they are stuck with it. </font></p>

<font size="2">&quot;Everyone has to accept that West Ham will not be docked points and at the end of the season, the three clubs at the bottom of the table will go down.&quot; </font></p>

<font size="2"> </font></p><div class="ch1"><font size="2">COULD OTHER CLUBS SUE WEST HAM?</font></div> <font size="2"> </font>

<font size="2">Another option open to any or all of the other 19 Premier League clubs could be to take legal action against West Ham for deliberately breaking Premier League rules. </font></p>

<font size="2">Goldberg says: &quot;I do think that it is a possibility. It could be a costly move - but not necessarily - and they could argue that West Ham have not acted in good faith.&quot; </font></p>

<font size="2"> </font>

</p></td> <td valign="top" style="width: 10px"></td> <td valign="top" style="width: 203px"> <div class="puffbox"> <div class="o"> <div class="nlp"> WEST HAM UNITED </div> <div class="arr"> Your say - 606 </div> <div class="arr"> Weather </div> <div class="arr"> BBC London West Ham audio </div> <div class="arr"> Official club website
</div></div>
</div> <div class="mvb"> <div class="sah"> SEE ALSO </div> </div> <div class="arr"> Sheff Utd step up Tevez legal bid
<span class="sad"> 14 May 07 | Premiership </span> </div> <div class="arr"> Man Utd 0-1 West Ham
<span class="sad"> 13 May 07 | Premiership </span> </div> <div class="arr"> Clubs warned over Tevez legal bid
<span class="sad"> 09 May 07 | Premiership </span> </div> <div class="arr"> West Ham receive Tevez clearance
<span class="sad"> 28 Apr 07 | West Ham Utd </span> </div> <div class="arr"> Quartet may fight West Ham ruling
<span class="sad"> 04 May 07 | Premiership </span> </div> <div class="arr"> West Ham sign Tevez &amp; Mascherano
<span class="sad"> 31 Aug 06 | West Ham Utd </span> </div> <hr class="pufff" />
<div class="mvb"> <div class="nlp"> RELATED BBC LINKS: </div> </div> <div class="miiib"> <div class="arr"> Football on the BBC </div> <div class="arr"> Your say - 606 </div> <div class="arr"> Radio Five Live commentaries </div> <div class="arr"> BBC Sport club pages </div> </div>
<div class="mvb"> <div class="nlp"> RELATED INTERNET LINKS: </div> </div> <div class="miiib"> <div class="arr"> Premiership </div> <div class="arr"> Max Bitel Greene </div> </div> <div class="di"> The BBC is not responsible for the content of external internet sites </div> </td></tr></tbody></table>

 

But if they had to rip up his original contract, wouldn't this have technically made him a free agent and able to sign for anybody outside the transfer window?