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Rochdale issued with suspended points deductions by EFL

Rochdale are issued with a suspended points deductions by the EFL, amid failure to comply with regulations over an attempted takeover.

The club were charged by the Football League in March following an investigation after Morton House MGT’s attempted takeover.

The charge related to a breach of the owners’ and directors’ test with Rochdale pleading guilty, and former CEO David Bottomley given a two-year ban from operating as a relevant person.

Bottomley, who has since worked as a chief operating officer at National League North side AFC Fylde, left Dale in June 2021 having been voted off the board by shareholders.

Andrew Curran and Darrell Rose were also given two-year bans by the EFL with Faical Safouane handed an 18-month ban for their role in the breaches of regulations.

EFL STATEMENT:

An Independent Disciplinary Commission has determined Rochdale AFC are to be deducted six points, suspended for two years, after failure to comply with EFL Regulations following the acquisition of shares in the Club by Morton House in July 2021.

In addition, Andrew Curran, Darrell Rose, David Bottomley and Faical Safouane will be banned from operating as a Relevant Person. All received a two-year sanction with the exception of Safouane, who has been handed an 18-month ban.

In March 2022 following a comprehensive investigation, the EFL charged the Club and the above-named individuals with alleged breaches of EFL Regulations relating to the Owners and Directors Test, which require any Relevant Person(s) to comply with provisions relating to purchase of shares.

All parties, who are also required to meet the Commission’s costs. pleaded guilty to the charges at a hearing in September 2022 and have 14 days to appeal.  The EFL will publish the judgment on EFL.com in due course.

EFL CEO Trevor Birch said: “The updated Owners’ and Directors’ Test is a crucial element of the EFL’s regulatory responsibilities in the interests of all its member clubs, their supporters and everyone else involved or interested in football. 

‘The breaches in this case were serious as they deprived the EFL of the ability to carry out the necessary investigations into the identity of the proposed new owners, their proposed business plans, and the ultimate source and sufficiency of funding necessary to support those plans. 

‘These sanctions serve as an appropriate reminder to Clubs, their officials and potential owners that disregarding those requirements can lead to significant consequences as this case has proved.”

Photo Credit: footballflight on Instagram

ROCHDALE STATEMENT

Further to an announcement on 16 March 2022, Rochdale Association Football Club and its Board of Directors can confirm that an Independent Disciplinary Commission established under EFL Regulations has now concluded its investigation of the Club and four individuals (Andrew Curran, Darrell Rose, David Bottomley and Faical Safouane).

The Club would once again like to reiterate that no current Board Director or current employee were subject to any EFL charges.

Disciplinary investigations by the EFL began in August 2021 and in March 2022 charges were brought by the EFL against the Club and four individuals following the acquisition of shares granting Control in Rochdale AFC to Morton House MGT and First Form Construction Limited (“Morton House”) on 1 July 2021, contrary to EFL rules.

The Club fully co-operated with the EFL at every stage of their investigation and provided the EFL with a considerable volume of their evidence.

A Club can only ever act through its directors, employees or other agents. Their acts and omissions are also the Club’s acts and omissions.

As a general principle, a Club is held to be fully responsible for any consequent breach of rules, whatever charges may also be brought and sanctions imposed on individuals.

The Club, therefore, pleaded guilty to both charges brought by the EFL as did all four individuals who were charged by the EFL. The Club and individuals attended a hearing on 5 September 2022 in London to present their mitigations.

Following the conclusion of the Disciplinary Commission, the Club has been punished by the EFL with the following sanctions:

  1. )  a suspended six-point deduction penalty which will be triggered if during the next two years, to October 2024, it commits any misconduct by failure to comply with the Owners’ and Directors’ Test (OADT) of the Football League.
  2. )  an order to pay a share of costs relating to the investigation and prosecution of the charges and the fees of the Disciplinary Commission against all Respondents

There is no financial fine made against the Club. The Club has fully accepted the punishment metered out and will not appeal. The Club has taken steps since 1 June 2021 to strengthen its governance model in many areas.

Simon Gauge, Rochdale AFC Chairman, commented: “We welcome the EFL’s conclusions after a very long and exceptionally detailed investigation into an opaque and unwanted hostile takeover attempt in July 2021 of Rochdale Association Football Club by Morton House and which has been found to have breached EFL rules.

“A Club can only ever act through its directors, employees or other agents. Their acts and omissions are also the Club’s acts and omissions hence the Club’s guilty plea. The governance of the Club during the period leading up to the removal of directors at an EGM on 1 June 2021 was not of a suitable standard for an EFL member Club.

“We are pleased the regulator has acted fully and decisively against the role of the Club and four individuals to send a strong message throughout football. We hope the EFL continue to prevent individuals that do not meet the EFL threshold for an OADT and who are unable to prove the source and sufficiency of their funding, like Morton House, away from the game we all love.

“As Chairman I have recruited a new larger board of committed people with different skills and experiences and comprising a mixture of eight serving directors, including Supporters Trust representation and three non-executive directors to ensure the governance model of the Club is secure and on the right footing.

“We are pleased that the investigation has reached its conclusion and we now look forward to focusing our efforts on working towards our short, medium and long-term aims for the benefit of Our Town, Our Team, Our Club.”

This is what fans had to say as Rochdale – who sit 21st in League Two – are issued with a suspended points deductions by the EFL…

@SteveA_UZMK: Bottomley, in collusion with others dropped us in it. That is now a matter of public record. People should read both statements closely, recall recent events and reflect on who was responsible for the hostile takeover and the damage caused. #UTDNFS

@ChaffRAFC: @FCUnitedMcr @AFCFylde I don’t know how much louder we have to shout. STAY AWAY FROM DAVID BOTTOMLEY!

@Mur36109061John: And Francis Fielding

@Blackdogblue2: Shame “he” did not get a custodial sentence & other local clubs beware of a wolf in sheeps clothing

@Redmc88: Glad you can put this behind you now. Curran is a snake and shouldn’t be anywhere near any club. We saw what him and his pals are like #STFC

@footballtyper: Any punishment for Matthew Southall? Or is he going to be allowed to press on with his antics in EFL football circles?

@staceycliffe8: So glad it’s all over tbh! Up the dale, not for sale 💙⚽️

@misterdickinson: Even that seems harsh, given the actions were taken by rogue individuals (who were also punished) while at the club. Anyway, I guess it’s better than actual deduction. Onwards and upwards!

@AndyRAFC69: 6 point deduction suspended, Thank God that’s all over. David Bottomley has a lot to answer for. Dragging the good name of the club through the mud. Let’s hope he gets his comeuppance sooner rather than later. Up the Dale 💙🖤

@RochdaleFan: At long last we can finally move forward. Think the 2 years suspended 6 point deduction penalty is a little harsh. But, overall it’s a good outcome. Here is a big FUCK YOU to David Bottomley, Andrew Curran, Darrell Rose and Faical Safouane! UP THE DALE NOT FOR SALE #RAFC

@ThisIsOllie_: Before any other Dale fans decide to comment on this without bothering to read it. It’s a SUSPENDED deduction and will only be applied if the current board of directors do anything dodgy. This is a good outcome to a very bad situation, we should be happy, not slagging off the EFL

@MattTurner_WG: And with that, it’s all over and we can move forward. When his ban expires, I hope any football club who considers inviting David Bottomley to get involved will think twice

@andrewhewitt1: Once again Tranmere’s punishment from the @efl for committing the ‘crime’ of being in the relegation zone at the outbreak of a global pandemic proves more punitive than the sanction handed to a club who have been found guilty of breaching the rules.

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