到底能有多糟呢?违反晦涩的金融法规究竟能有多严重呢?会计违规究竟能有多致命呢?即便在周五英超联赛指控曼城除一项外其余全部成立的消息曝光后,人们或许依然很难理解这意味着什么。在独立委员会的调查结果公布之后,已经毋庸置疑:委员会认定曼城进行了作弊,他们是蓄意为之,并且试图通过一场精心策划的虚假信息运动来掩盖这一切。
How bad could it be, really? How serious can a breach of arcane financial regulations be, really? Just how damning can accountancy be? Even after Friday’s revelation that Manchester City had been found guilty of all but one of the charges brought against them by the Premier League, it was perhaps difficult to grasp the scale of what that meant. After the publication of the independent commission’s findings, there can be no doubt: the commission found that Manchester City cheated, that they did so deliberately, and that they have sought to cover that up with a campaign of calculated misinformation.
曼城坚称自己无罪,并发表声明坚称“该意见在法律、原则和事实上包含明显的实质性错误,且不可靠”。该俱乐部再次提到“存在支持其所有立场的全面且无可辩驳的证据”,并再次坚称“八年来,俱乐部一直恪守正当程序,因为其相信英超董事会和执行层会表现得像一个独立、公正、思想开明且不受党派影响的监管机构”。
City continue to maintain their innocence and issued a statement insisting that “the opinion contains clear material errors, of law, principle and fact, and is unsafe”. It referred, once again, to “a comprehensive body of irrefutable evidence that exists in support of all of its positions”, and, again, insisted that “the club has diligently respected due process for eight years on the basis that the Premier League Board and Executive would behave as an independent, impartial and fair-minded regulator, free from partisan influence”.
首席执行官费兰·索里亚诺发布了一段视频,重申了许多相同的观点,并誓言俱乐部将提起上诉——俱乐部必须在周五之前做出决定——并寻求“所有其他法律途径”来证明自己的清白。他将英超的指控斥为“阴谋论”——并特意将独立委员会称为“英超委员会”——声称这些指控基于“一项不实的指控”,即以赞助费为幌子将资金从所有者转移到俱乐部。他说,这“不可能发生,……也没有发生”。公平地说,委员会的看法则大不相同。
The chief executive, Ferran Soriano, released a video reiterating many of the same points and vowing that the club would appeal – it has until Friday to do so – and pursue “all other legal avenues” to prove its innocence. He dismissed the Premier League’s charges as “a conspiracy theory” – and pointedly referred to the independent commission as a “Premier League Commission” – claiming that they were based on “a single false accusation” of diverting funds from the owner to the club under the guise of sponsorship payments. This, he said, “could not happen and … did not happen”. The commission’s view, it’s fair to say, is very different.
任何制裁将在与独立委员会的进一步听证会中单独处理,但读完这份判决书,不得不认为处罚必将极其严厉。埃弗顿因无意中违反盈利与可持续发展规则,涉及金额约2000万英镑,且在调查中予以配合,却在两个会计窗口期内被累计扣除8分。曼城的违规规模究竟有多大尚待计算,但判决认定其虚增收入约8.55亿英镑、少报支出约6600万英镑。这绝非疏忽大意,而是蓄意规避规则的精心算计。
Any sanction will be addressed separately in a further hearing with the independent commission, but it is impossible to read the verdict without thinking that it will have to be extremely severe. Everton were docked a total of eight points over two accounting windows for an inadvertent breach of profitability and sustainability rules amounting to around £20m, having cooperated with the investigation. Exactly what City’s breach would turn out to be remains to be calculated, but the verdict found that they overstated income by around £855m and understated outgoings by around £66m. And this was not a cock-up but a calculated attempt to circumvent the rules.
判决书读来令人震惊。阿布扎比联合集团——曼城81%股份的大股东——的声誉与诚信已荡然无存,在严谨、克制的法律措辞中被彻底撕碎。附件一旦公开,情况可能更加恶劣。即便找到某种技术性理由减轻处罚,其地位恐难恢复。调查结果显示,这是英格兰足球史上最大规模的欺诈案。这不是违反最高薪资限制且在大多数俱乐部都在做类似事情时被查获——那正是此前三起震动顶级联赛的财务丑闻核心:1906年曼城、1919年利兹城、1957年桑德兰。这是大规模的欺骗。
The verdict makes for astonishing reading. The reputation and integrity of the Abu Dhabi United Group, the 81% majority owner of City, lies in tatters, shredded in careful, measured legal prose. The appendices, as and when they are made public, might make it even worse. Even if some technicality is found that mitigates the punishment, their standing cannot surely recover. The findings show this is the greatest fraud ever perpetrated on English football. This is not breaching the maximum wage and being caught when most clubs were doing similar, which lay at the heart of the three previous huge top-division financial scandals: Manchester City in 1906, Leeds City in 1919 and Sunderland in 1957. This was deception on a massive scale.
赞助协议被描述为“骗局”,旨在掩盖投资,九年间虚增金额达8.3亿英镑,系“将股东注资伪装为‘商业合作伙伴收入’的计划”一部分。福德汉姆协议——一项由实体购买球员肖像权的安排——被认定“不过是个幌子”。俱乐部试图辩称英超联赛误解了赞助协议运作方式,这被判定为“俱乐部事后炮制的‘解释’,意图掩盖和模糊伪装注资计划的真实面目”。
Sponsorship deals are described as “shams” to obscure investment and overstated by £830m over the nine years in question as part of “a plan to disguise shareholder funding … as ‘commercial partner revenue’”. The Fordham Agreement, an arrangement by which an entity bought player image rights, was “little more than a front”. Attempts to claim that the Premier League had misunderstood how the sponsorship deals worked were “an ‘explanation’ that the club concocted well after the event in an attempt to conceal and obscure the realities of the disguised funding scheme”.
查明的欺诈程度令人震惊。关于“虚假”赞助安排,存在“故意行为”以“掩盖某些收入、负债/费用的真实性质,制造出将俱乐部对ADUG财务依赖最小化的假象”,并使“俱乐部财务报表给人一种误导性印象,即俱乐部的财务状况比实际情况要好”。
The level of mendacity identified is extraordinary. In regards to the “sham” sponsorship arrangements there was “intentional conduct” to “disguise the true nature of certain revenues and liabilities/expenses, to give the appearance of minimising the club’s financial dependence on ADUG” and give “a misleading impression in the club’s financial statements that the club’s financial position was better than it in fact was”.
被起诉后,曼城“竭力阻挠和拖延英超联赛的调查”。专家组认定“多名代表俱乐部出庭作证的重要事实证人所提供的证词在多个关键方面属于虚假”,且“其中部分事实证人在听证会上作证时明知不实,因而构成了欺诈”。在某些情况下,专家组得出结论“不应采纳专家证人的意见”;具体原因载于附录中,但结合语境,可以推断出端倪。
Having been charged, City “made concerted efforts to stop and frustrate the PL investigation”. The panel found “evidence given by a number of important factual witnesses called to give evidence on behalf of the club was false in a number of key respects” and “certain of those factual witnesses had given evidence at the hearing that they knew to be untrue and so had been dishonest”. On occasions, the panel concluded it “should not accept the opinion of an expert”; the precise reasons why are set out in an appendix but, in context, an inference can be drawn.
曼城仅在一项指控上被判定无罪,即在一批指控中未违反对英超联赛的“合作义务”。显然,这并非许多曼城球迷自周五以来所期盼的脱身之计。该裁决极具定罪力度。
The one charge on which City were not found guilty was of breaching “duties of cooperation” with the Premier League in relation to one tranche of accusations. That, clearly, is not the get-out many City fans have hoped for since Friday. The verdict is damning.
英超联赛由其20家成员俱乐部组成。曼城欺骗了其他19家俱乐部中的每一家。他们持续且蓄意地撒谎。持续的否认只会加深这样的印象:这是一家毫不尊重规则的俱乐部。
The Premier League is made up of its 20 constituent clubs. City have cheated each of the other 19. They have lied consistently and deliberately. The continued denials only enhance the sense that this is a club that has no respect for the regulations.
现在有充分理由主张将其开除。曼城,至少在现有所有权下,如何能再次获得信任?他们如何能继续参加本赛季的比赛,假装风平浪静,等待上诉和制裁,而他们已被判定犯有如此严重的指控?
There must now be a very good argument for expulsion. How can City, at least under the current ownership, ever be trusted again? How can they go on playing even this season, pretending all is well, awaiting appeal and sanction, when they have been found guilty of charges of such magnitude?
当俱乐部表现得如此这般时,为何还能容忍其继续留在英超联赛?而当他们已被证实在2009-10赛季至2017-18赛季期间作弊时,他们的名字为何还能出现在英超联赛的荣誉榜上?
When the club has behaved like this, how can its continued existence in the Premier League be tolerated? And when they have cheated as they have been shown to do between 2009-10 and 2017-18, how can their name appear on the Premier League’s roll of honour?