Wigan (administrator) announces appeal

Guardian article............

The brutal, bizarre collapse of Wigan Athletic has raised many glaring and alarming questions, but one central contradiction lies in the ruins. The Championship club have become the first to fall into administration during the Covid-19 crisis which could claim many more, but Wigan’s own insolvency has little to do with the coronavirus shutdown.

It is one of the most unlikely and baffling scenarios ever thrown up even among the frequently outlandish sagas of football’s relationship with money.

Wigan, formerly the epitome of traditional football club ownership by a wealthy local benefactor, are bust 19 months since the retail magnate Dave Whelan sold to International Entertainment Corporation, which he hoped would safeguard his legacy. Even at the time, it seemed an unlikely fit: Whelan, the former footballer, acme of Lancashire man-made-good, selling his home-built club to a company based in Hong Kong, registered in the Cayman Islands tax haven, which runs a casino in Manila.

The administrator Gerald Krasner, of Begbies Traynor, said on Thursday that once they have overcome the pressing challenge of completing Wigan’s six remaining matches, they will investigate the bewildering circumstances of the administration itself. IEC, listed on the Hong Kong stock exchange, announced as recently as 29 May that it had sold Wigan, for £17.5m – even showing a profit on the £15.9m they paid Whelan in November 2018. IEC stated that on the same day, less than five weeks ago, the £24.6m it had put into Wigan, funding players’ wages and heavy losses, had been repaid in full.

The club announced the takeover on 4 June, by Next Leader Fund, also based in Hong Kong and registered in the Cayman Islands. Supporters were told “the support from owners” would help the club through the current crisis. A new director, Au Yeung, said he was “excited to join the Wigan Athletic family”, that he looked forward to working with the board and staff, and: “Most importantly I hope to meet the club’s passionate fans.”

Initially the Hong Kong businessman Dr Choi Chiu Fai Stanley, chairman of IEC, owned more than 50% of both the seller, IEC, and the buyer, NLF. But then on 24 June – just last week – Au Yeung, initially a minority shareholder in NLF, was stated to have become the owner of more than 75%; he is thought to be the 100% owner: a complete takeover from IEC.

The EFL is understood to have approved both the initial NLF takeover and Au Yeung’s, so the Wigan calamity again raises questions over its vetting processes. The rules only require a buyer to show that they have the money to fund a club – not to actually provide that money, a bond, or insurance, to ensure the funding is there.

On that very same day, last Wednesday, according to Krasner, Au Yeung’s UK lawyers approached Begbies Traynor potentially to be administrators. No further money would be provided – the Wigan directors had projected that £6m was needed for future funding – and the club was going to be put into administration. The club directors are said to have had no notice of this until Tuesday. The insolvency practitioners were appointed on Wednesday morning, for a club newly taken over but suddenly bust, with a Championship-sized wage bill and at least £6m owed to non-football creditors, Krasner has estimated.

In Wigan, little is known of Au Yeung apart from the note in IEC’s sale document which stated he “has relevant experience in business operations management and business leadership as he has worked in commodity and real estate investment management in Asia”. Also that he “has been operating an amateur football team for more than 15 years, winning several awards”.

So, the facts as set out are that in the middle of the coronavirus crisis, while football was still shut down and many clubs fear going out of business, Au Yeung decided to buy Wigan Athletic, a club which even in normal times loses millions of pounds. At first in partnership with Choi, he paid £17.5m, giving IEC more than they paid for the club, and also ensured their £24m loan was repaid. But then, on the day he took ownership after this £41m purchase, he decided not to fund it and to put the club into administration, so losing control, the £17.5m, and probably the £24m too.

No explanation has been provided for this remarkable whirl of events. IEC noted when selling to NLF that the Championship’s punishing finances were the key reason for cutting their losses. But Au Yeung has not explained why he decided it was worth £41m to have a go at Wigan, then immediately dropped the club and put it into administration.

Krasner was asked whether he believed the sale could have been orchestrated by IEC, effectively to take Wigan off its books before it was dumped. He replied: “We have not started the investigation yet; we are aware of concerns that have been raised … Once I know that we have saved the club, all our resources will be put into [an investigation].”

IEC did not respond to questions from the Guardian about the sale to Au Yeung, and Au Yeung’s UK lawyers declined to comment.

Meanwhile Wigan, famously built up by Whelan for 23 years from League Two to the Premier League and 2013 FA Cup glory, are in wreckage, having being taken over, then put into administration, in a week.
 
Guardian article............

The brutal, bizarre collapse of Wigan Athletic has raised many glaring and alarming questions, but one central contradiction lies in the ruins. The Championship club have become the first to fall into administration during the Covid-19 crisis which could claim many more, but Wigan’s own insolvency has little to do with the coronavirus shutdown.

It is one of the most unlikely and baffling scenarios ever thrown up even among the frequently outlandish sagas of football’s relationship with money.

Wigan, formerly the epitome of traditional football club ownership by a wealthy local benefactor, are bust 19 months since the retail magnate Dave Whelan sold to International Entertainment Corporation, which he hoped would safeguard his legacy. Even at the time, it seemed an unlikely fit: Whelan, the former footballer, acme of Lancashire man-made-good, selling his home-built club to a company based in Hong Kong, registered in the Cayman Islands tax haven, which runs a casino in Manila.

The administrator Gerald Krasner, of Begbies Traynor, said on Thursday that once they have overcome the pressing challenge of completing Wigan’s six remaining matches, they will investigate the bewildering circumstances of the administration itself. IEC, listed on the Hong Kong stock exchange, announced as recently as 29 May that it had sold Wigan, for £17.5m – even showing a profit on the £15.9m they paid Whelan in November 2018. IEC stated that on the same day, less than five weeks ago, the £24.6m it had put into Wigan, funding players’ wages and heavy losses, had been repaid in full.

The club announced the takeover on 4 June, by Next Leader Fund, also based in Hong Kong and registered in the Cayman Islands. Supporters were told “the support from owners” would help the club through the current crisis. A new director, Au Yeung, said he was “excited to join the Wigan Athletic family”, that he looked forward to working with the board and staff, and: “Most importantly I hope to meet the club’s passionate fans.”

Initially the Hong Kong businessman Dr Choi Chiu Fai Stanley, chairman of IEC, owned more than 50% of both the seller, IEC, and the buyer, NLF. But then on 24 June – just last week – Au Yeung, initially a minority shareholder in NLF, was stated to have become the owner of more than 75%; he is thought to be the 100% owner: a complete takeover from IEC.

The EFL is understood to have approved both the initial NLF takeover and Au Yeung’s, so the Wigan calamity again raises questions over its vetting processes. The rules only require a buyer to show that they have the money to fund a club – not to actually provide that money, a bond, or insurance, to ensure the funding is there.

On that very same day, last Wednesday, according to Krasner, Au Yeung’s UK lawyers approached Begbies Traynor potentially to be administrators. No further money would be provided – the Wigan directors had projected that £6m was needed for future funding – and the club was going to be put into administration. The club directors are said to have had no notice of this until Tuesday. The insolvency practitioners were appointed on Wednesday morning, for a club newly taken over but suddenly bust, with a Championship-sized wage bill and at least £6m owed to non-football creditors, Krasner has estimated.

In Wigan, little is known of Au Yeung apart from the note in IEC’s sale document which stated he “has relevant experience in business operations management and business leadership as he has worked in commodity and real estate investment management in Asia”. Also that he “has been operating an amateur football team for more than 15 years, winning several awards”.

So, the facts as set out are that in the middle of the coronavirus crisis, while football was still shut down and many clubs fear going out of business, Au Yeung decided to buy Wigan Athletic, a club which even in normal times loses millions of pounds. At first in partnership with Choi, he paid £17.5m, giving IEC more than they paid for the club, and also ensured their £24m loan was repaid. But then, on the day he took ownership after this £41m purchase, he decided not to fund it and to put the club into administration, so losing control, the £17.5m, and probably the £24m too.

No explanation has been provided for this remarkable whirl of events. IEC noted when selling to NLF that the Championship’s punishing finances were the key reason for cutting their losses. But Au Yeung has not explained why he decided it was worth £41m to have a go at Wigan, then immediately dropped the club and put it into administration.

Krasner was asked whether he believed the sale could have been orchestrated by IEC, effectively to take Wigan off its books before it was dumped. He replied: “We have not started the investigation yet; we are aware of concerns that have been raised … Once I know that we have saved the club, all our resources will be put into [an investigation].”

IEC did not respond to questions from the Guardian about the sale to Au Yeung, and Au Yeung’s UK lawyers declined to comment.

Meanwhile Wigan, famously built up by Whelan for 23 years from League Two to the Premier League and 2013 FA Cup glory, are in wreckage, having being taken over, then put into administration, in a week.
Thanks for that. First time I've seen the 'whole story'.
 
Thanks for that. First time I've seen the 'whole story'.

It's mental isn't it Bear? How the funk have the FA reviewed this guy and deemed him 'fit & proper'? Isn't one of the things they assess enough funds to complete the current season and the next one?
 
I feel for Wigan fans, but to change the rules because the EFL approved a dodgy owner would surely be unfair on clubs such as Bury, Bolton and Portsmouth who all suffered points deductions when going into administration due to similar EFL negligence?

I am not saying this for partisan Boro reasons, we deserve to go down if we finish in the bottom 3. Surely the EFL needs to be consistent for once?
 
It's mental isn't it Bear? How the funk have the FA reviewed this guy and deemed him 'fit & proper'? Isn't one of the things they assess enough funds to complete the current season and the next one?
It looks like all he had to do was prove he had the funds, but there is no commitment that he should then use those funds! In this case, there was no need for the club to go into administration as there were funds available to prevent it!
 
It is harsh on Wigan, but I think the administration points deduction is automatic and black & white in its wording? I don't see how they can claim anything has affected them?
 
No way on earth this is getting overturned.

They can't claim force majeur to keep them up, as any other club going down could then do the same. Every club is working under Covid-19, those that can't or have to do it illegally should be the ones that go down. Wigan obviously didn't do their Due Diligence, or the previous guy selling didn't care, either way, that's their problem to solve, not ours.

The points deduction threat is there to stop clubs taking massive risks, going bust and then having to call in administrators, which then means they bust suppliers and small businesses that support the club, as well as not paying players and staff.

We could claim we've lost player contracts due to force majeur (which we have), which has impacted our results (which it probably has).
 
It's rubbish for the fans, players and everyone not involved with the owners, and it could well be fraudulent, but that doesn't mean that there is any reason they shouldn't be sanctioned accordingly. As above, they've made a mistake in appointing a new owner just like many clubs make mistakes in appointing the right manager or signing the right players. I don't like seeing clubs punished for non-footballing reasons but if their non-football reasons are a benefit to them then they need to be punished.

The EFL are a joke but the whole system is a farce. There is not enough money in the game at this level to allow clubs to make such a big loss. The owners could put some money in to cover it but they will never get it back. They shouldn't be allowed to operate as a business that relies on external cash injections to keep them afloat, nor should we or any other club. FFP is pointless because clubs want to take a risk. I think the only possible solution is a salary cap because it is wages that are the problem. A maximum based on projected revenues this season, not the current farce of 3 year average losses.
 
The EFL on Tuesday night released a statement reacting to Wigan Athletic owner Au Yeung Wai Kay's claim that the club's demise was down to the Covid-19 pandemic.
The statement read: "The EFL continues to note the many comments and concerns in respect of the recent developments at Wigan Athletic Football Club from supporters, media and public figures.

"Given the club’s standing within the EFL and their local community there is, quite rightly, a significant strength of feeling of anger and frustration amongst all those connected to the Club.
"The EFL has engaged with the administrators and their advisors and is continuing to provide its full support in all ongoing matters, particularly how it can work through the requirements of the insolvency policy and assist the club in exiting administration at the earliest opportunity.

"In the short-term, those discussions will continue with the sale of the club, player transfers and funding required in order to complete the 2019/20 season the immediate priorities.

"In addition, we will also engage with the appropriate supporter groups, local politicians and other key stakeholders as appropriate to assist in helping achieve a long-term stable future for the club and its local community.

"The league fundamentally disagrees with the comments attributed earlier today to Mr Au Yeung Wai Kay where he stated ‘the Covid-19 pandemic has undermined the ability to fund the club’.

"While it is clear Covid-19 has undoubtedly presented significant financial challenges to the professional game, evidence of the required source and sufficiency of funding to be invested in or otherwise made available to the club, was provided as part of the recent change of control process.

"This set of circumstances is more illustrative of the wider financial challenges facing EFL Clubs, who, without a full and comprehensive reset of football’s finances, including how monies are distributed throughout the game, will continue to struggle to meet the demands of an outdated and unsustainable model.

"In respect of the challenges at Wigan Athletic, there is clearly a number of important unanswered questions that require urgent attention and the EFL welcomes the move made by the administrators to launch an investigation as to what has led to the club being placed into administration just a matter of weeks after the Next Leader Fund (NLF) took ownership of the club.

"The EFL will undertake a similar exercise and, should any breaches of football regulations or company law be discovered, action will be taken either by the league or the body with the relevant jurisdiction to do so.

"The EFL understands this situation once again leads to questions being asked about EFL regulations in regard to changes of control, alongside the actions taken when an insolvency event occurs, and as a result has opted to clarify each matter below.

EFL Insolvency Policy
In all circumstances a sporting sanction applies in respect of an insolvency event (default 12-point penalty). The regulation seeks to ensure that a club cannot gain any advantage over other clubs in the competition by not paying its creditors in full and on time, while also ensuring there is a deterrent in place for clubs and their owners, from operating in a manner so as to cause insolvency.

The EFL acknowledges it is a difficult time for any club placed into administration, particularly in the midst of COVID-19, but is mindful its regulations are to be applied consistently and equally to all member clubs irrespective of the circumstances. In the current case of Wigan Athletic, and, in accordance with EFL regulations, due to the club being placed into administration after the fourth Thursday in March, the sporting sanction will take effect once the final league positions are known. If in the event the club is relegated by virtue of their final position following the conclusion of the Championship season, then the deduction will apply in League One in 2020/21.

However, if the Club is not in the relegation places following the final game of season, the sanction will then be applied to their season 2019/20 total and final league standings amended as appropriate. A Club can appeal against a decision of the board to impose a 12-point deduction under the EFL Regulation 12.3.10, and the appeal will be heard by an independent panel appointed by Sports Resolutions. That independent panel will determine whether the relevant Insolvency Event(s) arose solely as a result of a Force Majeure event, caused by and resulted directly from circumstances, other than normal business risks, over which the Club could not reasonably be expected to have controlled.

Owners’ and Directors’ Test
Under EFL Regulations, it is a requirement that the self-certification Owners’ and Directors’ Test is completed by every prospective new owner and relevant person seeking to gain control of a club. The test sets out an objective set of Disqualifying Conditions. This process was completed during the recent change of control at Wigan Athletic, and Mr Au Yeung Wai Kay was not subject to any disqualifying conditions. As previously stated, the EFL is aware of the public frustrations felt in respect to the current Owners’ and Directors’ Test and acknowledges there is a requirement for ongoing adaptation and improvement but, from a legal perspective, it can only operate within existing parameters.
 
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No way on earth this is getting overturned.

They can't claim force majeur to keep them up, as any other club going down could then do the same. Every club is working under Covid-19, those that can't or have to do it illegally should be the ones that go down. Wigan obviously didn't do their Due Diligence, or the previous guy selling didn't care, either way, that's their problem to solve, not ours.

The points deduction threat is there to stop clubs taking massive risks, going bust and then having to call in administrators, which then means they bust suppliers and small businesses that support the club, as well as not paying players and staff.

We could claim we've lost player contracts due to force majeur (which we have), which has impacted our results (which it probably has).

It’s a bit far fetched to say Dave Whelan didn’t care. Maybe he trusted the processes the efl has in place
 
Although it sounds really dodgy, if the chairman of a club proves to the EFL he has the required funding to support the club and then says, "I'm not keen now, I'm not bank rolling them with my money, I'll take the hit of administration".

What can the EFL do?

The bigger issue really, as one of those articles alludes to, Wigan (like ourselves) aren't sustainable. They don't consistently generate enough revenue to maintain a Championship level club.

As ever it is players wages that drag teams under. I wonder if after the full financial implications of covid start to bite, there will be an appetite from Chairman to bring in a meaningful wage cap. Although how on earth do you factor in parachute payments it may be a complete can of worms?
 
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