01 apr 2014 11:30:20
simon austin(sports writer)close links with cellino has put on twitter that the appeal decision will be thursday or friday?
do people think, the longer it goes on the better for cellino?
surely, if he's being advised by an italian lawyer about cellino's yacht tax and his appeal, then he's not guilty until this appeal is heard in the italian court - so have the fl jumped the gun. surely the italian lawyer cannot be asked for their opinion on the outcome of his yacht appeal - very dodgy ground if you ask me!

1.) 01 Apr 2014
What I think is this. MC has been found guilty, he has the right of appeal. This appeal will be heard in due course.
He is in the eyes of Italian Law, not guilty until appeal is heard.

However, the man is attempting to buy a75% shareholding in LUFC ( why not 100%, indeed why not 51% ), this is, without sounding obvious, is in UK, where if he had been found guilty, he would be so, until it was turned over on appeal.

Therefore, it stands to reason that UK law will prevail.

2.) 01 Apr 2014
The QC will make a decision on the evidence put before him by the Football League and Cellino's English law firm, who represented him

3.) 01 Apr 2014
01 Apr 2014 13:05:11
Cellino's appeal is based on Italian Law viewing him as not guilty due to his appeal. The FL waited for the case to come to court before they would decide, they then rejected Cellino's purchase BASED ON THE FINDINGS IN ITALIAN LAW. Therefore since Cellino has appealed and is not guilty until the case is concluded, the FL's decision to reject now has no basis to stand if it was made solely on theses grounds (the FL rejection response would stipulate the reason(s) ).
Therein lies the problem for the QC, as he has no reason to reject Cellino's appeal but doesn't want to upset the FL ('independent' - but they appointed him). The case is still being considered amidst many concerned phone calls to see if all the FL's team, the QC's mates, ken bates dog etc. can find a basis in Law to reject. Otherwise it would have been rejected by now.

4.) 01 Apr 2014
I don't know anything about Italian Law but the fact that if he appeals then he is not guilty until the appeal is heard is only something that Mr C's Italian lawyer has said. Looking at what else this guy has said in the media, I don't think this should be taken as gospel.

5.) 01 Apr 2014
I'm sorry but we don't even know this Simon Austin.
What a load of baloney.
Who the heck wrote this rubbish?

6.) 01 Apr 2014
So, if I deliberately shot and killed someone in Rome, went to court, was found guilty of murder, I would not be guilty if I appealed.
I sense that the appeal is more toward sentence rather than act.

7.) 01 Apr 2014
01 Apr 2014 13:37:30
Frankly the longer the better -it will give other creditable purchasers the time to put a proper bid together. I cannot believe the number of persons on this site who cling desperately to this Italian Muppet who would bring nothing but further disrepute on LUFC. Open your ears and just listen to the person tweeting - he is already proven as a liar, is a convicted fraudster and god knows what else we can expect. You thought Bates was bad -just wait and see what this Mobster can do!

GFH will not let the club go into admin as they would lose all their investment, they might be naive but no way would that happen

8.) 01 Apr 2014
Forget about it, it isn't going to happen.The football league will not want another Brum City on its hands.
I won't be surprised if there are new people been lined up

9.) 01 Apr 2014
Poster 2, the thing is would Cellino have been guilty under English (not UK) law?
Under English Law/Import Duty rules as long as Cellino co-operated with the authorities and paid any fine he would not get a Criminal Record. English Law/Tax rules give the accused every opportunity to avoid becoming a criminal case. If this is not the case in Italy you cannot use Italian Law to show he is guilty but then ignore the part of Italian Law which says he is innocent. The FL could be guilty of using bits of each law/rules to suit them. They should use all Italian or all English law!

10.) 01 Apr 2014
WOW survivor attacking someone fir talking rubbish, hope he doesn't pass any mirrors anytime soon with the garbage he comes out with.

11.) 01 Apr 2014
Survivor -

What do you mean "we don't know this Simon Austin"

This is freelance journalist Simon Austin who has been the closest person to Cellino throughout the whole takeover. he's been speaking to him on the phone regularly and has conducted newspaper interviews and direct quotes from him in a gutter level newspaper.

Crmd

12.) 01 Apr 2014
What has criminal record to do with it. MC will pay the fine / lose yacht, but, he still found guilty of tax evasion.
That would be the case in ENGLAND too.

13.) 01 Apr 2014
The HMRC will decide whether or not the "Act" is Criminal or Civil in Tax evasion cases.
Examples of the kind of circumstances in which HMRC will generally consider commencing a criminal, rather than civil investigation are:
•in cases of organised criminal gangs attacking the tax system or systematic frauds where losses represents a serious threat to the tax base, including conspiracy
• where an individual holds a position of trust or responsibility
• where materially false statements are made or materially false documents are provided in the course of a civil investigation
• where, pursuing an avoidance scheme, reliance is placed on a false or altered document or such reliance or material facts are misrepresented to enhance the credibility of a scheme
• where deliberate concealment, deception, conspiracy or corruption
is suspected • in cases involving the use of false or forged documents
• in cases involving importation or exportation breaching prohibitions and restrictions
• in cases involving money laundering with particular focus on advisors, accountants, solicitors and others acting in a 'professional' capacity who provide the means to put tainted money out of reach of law enforcement
•where the perpetrator has committed previous offences / there is a repeated course of unlawful conduct or previous civil action
• in cases involving theft, or the misuse or un lawful destruction of HMRC documents
• where there is evidence of assault on, threats to, or the impersonation of HMRC officials
• where there is a link to suspected wider criminality, whether domestic or international, involving offences not under the administration of HMRC

When considering whether a case should be investigated using the civil fraud investigation procedures or is the subject of a criminal investigation, one factor will be whether the taxpayer(s) has made a complete and unprompted disclosure of the offences committed.

That is virtually the same in Italy. So pick out where you think MC is NOT GUILTY.

14.) 01 Apr 2014
"So, if I deliberately shot and killed someone in Rome, went to court, was found guilty of murder, I would not be guilty if I appealed.
I sense that the appeal is more toward sentence rather than act"

I think if you deliberately killed someone you'd be in prison whether you appealed or not.

There is a serious difference between a premeditated criminal act and what amounts to a civil case, ie, avoiding tax. It is NOT a criminal offence, as I believe we did this when we went into administration, as have other clubs and companies?

Why weren't the directors imprisoned?

Too easy to just let the directors go and penalise the team and it's supporters.

15.) 01 Apr 2014
Read above. NOT a Civil case in those circumstances.