Quote Sesquipedalian="Sesquipedalian"Do you think that Bradford are to blame for their own downfall?'"
1 - For the 2012 downfall? The shareholders, who collectively or separately owned and/or managed the club, were totally to blame. No-one else.
2 - For the current downfall? Again, the shareholder who owned and managed the business has to be to blame. The financial penalty made his job much more difficult than it had any right to be, but he took the club on in the full knowledge of that. To his credit, and ultimate loss. Had he not have done so, there would be no club.
You cannot blame "the club" as an entity. People screw up. People are to blame. Not an impersonal entity. The people who owned and ran the club are to blame. If the same people were there before and after, then you could use the terms "the club" and "the owners" interchangeably. But they were not. So you can't. Any more than you can blame "the company" when a company goes bust. The blame lies with those who were running it.
Quote Sesquipedalian="Sesquipedalian"Do you think the club should somehow be penalised for this latest Administration and if so what do you think would be a fair punishment.'"
I share Smokey's view about how punishing new owners is counterproductive, punishes those least at fault the most and likely deters just the sort of people the game needs, and smacks more of revenge rather than prevention.
However, whilst there are a lot of rules and laws in life that I disagree with, they are there and so we have to comply with them until or unless we can get them changed. As it must be with any applicable rules here.
This six-point penalty business is now not set out in the rules. Nor is any basis for mitigation. All the rules currently say (in essence) is that it is an offence under the by-laws to commit an act of insolvency (including a CVA, like Salfords) and that clubs must make sure HMRC are kept paid up to date (and some less-specific comments about financial management generally). And make it pretty clear that any penalty is down to the RFL.
As I have said elsewhere, that is a fudge and nonsense. The framework for penalty should be clearly established and fully transparent. That includes any mitigation or aggravation factors. Bit like sentencing guidelines for judges. It is the absence of this - and the assumption by so many of you guys that treatment will be inconsistent (even though you have no idea yet wht that treatment will be, or why) that is causing so much of the current agnst.
In the absence of that, we have to go on the basis of precedent.
Precedent - and previous defined rules - stated six points for committing an act of insolvency (not just administration). Concur.
Precedent provides for mitigation of the penalty for an act of insolvency depending on settling some or all of the creditors. 2 point mitigation for Wakefiled and Crusaders (some creditors settled in both cases. For Wakefield, anecdotal evidence but no firm evidence that it was probably not a big proportion by value, but was a significant and important gesture). 6 point mitigation for Salford, since apparently all creditors paid.
In the absence of any new rules, precisely the same precedent should be followed for Bradford. 6 point penalty. Period.
Mitigated by the extent to which the creditors are repaid by the new owners.
No repayment - full 6 points penalty - and bloody lucky to get away with that. If no creditors at all were repaid, I would have a big issue with the new owners same as I did with the shareholders (it was not Hood & co, btw) who put the previous entity into administration.
Full repayment (and NOT to OK - if he had put his money in as shares not loans, he would not be a creditor) - penalty fully mitigated.
Partial repayment - partial mitigation, maybe by two points as happened to Wakefield and Crusaders, maybe less or more, depending on the % creditor repayment.