The Times has a useful article this morning, which clarifies the Tevez situation . . . or at least I think it does…
Who owns Carlos Tévez?
West Ham United hold the player’s registration. Kia Joorabchian’s Media Sports Investments firm owns the economic rights to the forward.
Does Tévez’s transfer to Manchester United mirror Javier Mascherano’s move to Liverpool in January?
Yes and no.
How do they differ?
Liverpool signed Mascherano on an 18-month loan – at the end of which they have the option to buy the player permanently – after West Ham ripped up the player’s registration and gave up any rights to him to facilitate the transfer. Joorabchian, who owns the economic rights to Mascherano as well as Tévez, was paid £1.5 million by Liverpool as part of the deal. United have agreed a two-year loan deal for Tévez, with the option to sign the forward permanently at the end of that period, but West Ham cannot simply give up the rights to the player in this case to facilitate the transfer.
Why not?
After the verdict delivered by the independent commission into the transfer on April 27, when West Ham were fined £5.5 million, the club were given three choices. Either they stop playing Tévez, they bring the third-party agreement with Joorabchian into line with FA Premier League rule U18 so Joorabchian could not materially influence the club’s policy, or, finally, terminate its agreement with Joorabchian on the proviso that they would continue to behave in that manner and assert their rights over the player.
So what did they do?
Given that Tévez was central to the club’s hopes of staying in the Premiership, West Ham decided to terminate their agreement with Joorabchian and assert their rights over the player. As part of the agreement, West Ham would effectively have to answer to the Premier League regarding any future dealings with Tévez. Even if they wanted to, they could not simply terminate the player’s contract, but the decision left the club open to a legal action from Joorabchian for breach of contract.
So what has to happen to satisfy the Premier League before Tévez can join Manchester United?
United must strike a deal with West Ham for Tévez. That means that any fee – thought to be £6 million over the two years – would have to be paid to West Ham and not Joorabchian.
But couldn’t West Ham just receive a fee from United and then give it all to Joorabchian as compensation?
No. The Premier League would want to see that a “significant portion” of the transfer fee remained with West Ham and, given that it has power to scrutinise transactions over £25,000, that would be easy. Otherwise, it could be accused of trying to cover up the third-party agreements that caused so much controversy in the first place.
But what about Joorbachian? Won’t he try to sue West Ham if he does not receive some compensation for a player he holds the economic rights for?
He could, but it is likely that, somewhere down the line, West Ham will pay him a compensation fee in an out-of-court settlement, although that will have to be handled carefully.
well stated mate
What we need is someone in the press to speak up for our side of the story, or is it not that easy IAN…..
Telegram to the FA. I am so over this Tevez affair. Nothing against the bloke who helped us stay up but this whole affair needs to come to an end and Tevez and particularly Joorabchian, who is now threatening the club he wanted to buy last year, need to go away and not darken our doors again (or for that matter anyone lese in the PL). STOP. Good luck elsewhere Carlos. STOP. This whole affair is the biggest pile of bullshit I’ve ever heard and has got to have had a major affect on our ability to attract and sign new players. THis whole affair whiffs of something fishy like Baldricks underpants. PLEASE PLEASE PLEASE PLEASE PLEASE STOP.
exactly. it s boring now. he doens t want to be here- fine, it s now up to the authorities to figure out a way to get him out. it was a nice interlude having tevez , at least for the last 10 games, but now it s time for us to move on. life goes on without tevez,coker and benayoun. if players like these see their future elsewhere, that s there choice- we don t need them ,especially as evidenced by our performance the first half of last season. life goes on- let s get on with it .
West Ham can not simply rip up the Agreement they have with MSI and say Tevez is now our player.
If MSI do not agree to ripping up the agreement then the whole deal with West Ham is terminated.
West Ham are in a very difficult position and so are the Premier League; they have both screwed up on a grand scale and in public. Usually that means resignations. In West Ham’s case it also means Championship football in August unless they can stall things past the start of the season.
want to bet your salary on it tom?