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 | Season 
        2009/10 Part 2 | ||||||||
| Off 
        field setbacks | |||||||||
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         Besides playing success, for Leeds United the 2009/10 season will be 
        remembered for a number of behind the scenes controversies. At the beginning of June 2009, former United director Melvyn Levi commenced 
        libel proceedings against chairman Ken Bates in London's High Court. Levi's barrister, Simon Myerson QC, told the judge, Sir Charles Gray, 
        that problems arose following Bates' purchase of the club in January 2005 
        from the Yorkshire Consortium of which Levi was a member. Myerson claimed 
        that in October 2006 Bates launched a campaign of defamation, mainly through 
        his columns in United's match day programme. Myerson said that Bates published an article on 17 October, claiming 
        that Levi was a 'shyster trying to blackmail Leeds United into paying 
        him money to buy him off'. A second article, under the headline 'The Enemy Within', published on 
        3 March 2007, accused Levi of trying to blackmail Bates and engaging in 
        'scurrilous telephone calls and conversations which deterred two would 
        be serious investors in the club'. The following week, an article entitled 'Why, Mr Levi, why?' claimed 
        that 'Levi frightened off investors and ... and excused his actions by 
        accusing Mr Bates of being anti-Semitic.' In August 2007, Bates sent Leeds Club Members a letter which suggested 
        that Levi had 'frustrated efforts to strengthen Leeds United's finances 
        by deterring participants in a rights issue and putting off would be investors'. Bates' barrister, Ronald Thwaites QC, outlined a number of defences, 
        claiming that Bates was protected by 'qualified privilege' as the allegations 
        he made were in the public interest. The barrister claimed Bates' statements 
        were justified, expressly denying that he was anti-Semitic. He argued 
        that Levi's behaviour in not agreeing to the sale of the shares was "dishonourable, 
        unscrupulous and disgraceful", adding that his demands in the autumn of 
        2005 'amounted to blackmail'. He added that, during a conversation with 
        a potential Irish investor, on 13 December 2006, Levi tried to deter him 
        from putting money into the club. Thwaites claimed that Levi's motive 
        for the court action was in order 'to have a quasi public inquiry about 
        his problems with Mr Bates". Levi gave evidence that he was acting in the interests of his company, 
        Cope Industrial Holdings, and there was a legal dispute over whether or 
        not a call option on United shares had lapsed. Levi's stance was supported 
        by former United chairman Gerald Krasner, who was Levi's accountant and 
        leader of the Yorkshire Consortium. Bates claimed that Levi should have accepted the advice of an experienced 
        commercial QC, Michael Crystal, who told him that the call option had 
        not lapsed, but Levi had earlier spoken to Crystal's brother, a junior 
        but very experienced barrister who had come to the conclusion that the 
        call option was no longer enforceable. Krasner told the judge that he thought Levi's argument that the call 
        option had lapsed was a "legitimate business tactic". He added that he 
        had tried to persuade Bates to settle his differences with Levi in September 
        2005, but Bates "seemed clear he had no desire to resolve the dispute... 
        While understandably keen to protect his interest, Mr Levi did not take 
        a confrontational or difficult attitude to Mr Bates, if anything, it was 
        the other way round, as evidenced by my discussion with Mr Bates in September 
        2005 when he made it quite clear that he was not prepared to meet Mr Levi 
        with a view to resolving matters.' Eventually, the club issued new shares, greatly diluting the importance 
        of the call option. Levi claimed that both Cope and the Yorkshire Consortium 
        thus lost seven-figure sums. Levi revealed that he was considering legal action against David Richmond, 
        another member of the Yorkshire Consortium. Levi claimed that Richmond 
        gave Bates a copy of Michael Crystal's legal advice on the call option. 
        'Mr Bates went on to make use of the document in a way that potentially 
        caused Cope, myself and my other co-trustees significant financial loss.' Richmond accepted that he passed the legal advice note to Bates, but 
        insisted that he only did so in an attempt to make peace. It was not for 
        any financial gain, or because he was favouring one side over the other, 
        but merely to try and end Levi's dispute with Bates. 'I have got nothing 
        personal against Mr Levi,' Richmond said. 'I wanted an end to this situation.' Richmond added that it was very hard to change Levi's mind when he had 
        set his heart on a course of action, and he hoped leaking the advice would 
        lead to a solution. 'The only way of resolving it was to bang their heads 
        together, and sort it... This is something which ... should have finished 
        five years ago.' Richmond also gave evidence about the Consortium's 
        takeover of Leeds United in 2004, saying he thought it was 'out of 
        its depth'. When asked what his misgivings were, Richmond said, 'Everything. 
        The chemistry of the Consortium, it was clear, wasn't going to be very 
        good. We had taken on something which was financially too big. It was 
        all wrong.' Levi's business partner, Jersey-based businessman Robert Weston, also 
        gave evidence. He owned a 75% stake in Cope, and was involved in the Yorkshire 
        Consortium's takeover of United. Weston said that, in his experience of 
        dealings with Bates over the last four years, 'this sort of prejudicial 
        allegation is typical of the antagonistic, emotive and aggressive response 
        I have seen from him when negotiations are not to his liking.' In relation to the call option, Weston said that Cope had lent £1.4m 
        to Leeds United and was receiving quarterly interest payments. Both he 
        and  At the end of September, a shares rights issue took place which diluted 
        the importance of the call option, and the club defaulted on interest 
        payments to Cope. 'The rights issue and subsequent events were a contrivance, 
        devised by Ken Bates, to avoid paying the quarterly interest due on the 
        loan notes up to maturity and to avoid the repayment of the value of those 
        notes when repayment eventually fell due,' alleged Weston. 'Mr Bates will 
        no doubt say that I and/or Mr Levi were deliberately trying somehow to 
        prevent him from achieving his aim to wholly own and control the club 
        and to run it profitably for the foreseeable future. Any such view was, 
        and remains, a patent nonsense, as both Mr Levi and I would prefer, and 
        would always have preferred, the Club to be successful under Mr Bates' 
        control and, thus, for all parties involved to have received a reasonable 
        return for their investment.' When Ken Bates gave evidence, he compared his first board meeting at 
        Elland Road to a 'cross between a Rugby scrum and feeding time at the 
        monkey house' where champagne was 'drunk like water'. He claimed Levi 
        had 'played the race card' by accusing him of making anti-Semitic comments. 
        When challenged by Myerson, Bates replied: 'If people from ethnic minorities 
        have problems, rather than accept they are wrong, can't do their jobs 
        or are incompetent, it's not because of their failings, it's because of 
        "where I'm from".' Bates denied defamation and claimed Levi blocked the sale of shares in 
        the club when he had no reason to do so. When Myerson challenged Bates, 
        saying, 'What's really happened is that you didn't like him, you have 
        abused your position so you can take things out on that man,' Bates replied: 
        'It's not that I didn't like him - I didn't like his actions and his behaviour.' The judge took a fortnight to consider his verdict and when the case 
        was reconvened on 2 July he ruled in favour of Levi, awarding him libel 
        damages of £50,000 and ordering Bates to pay the legal costs, estimated 
        at £1.5m. Rejecting arguments that Levi had been blackmailing the club, Sir Charles 
        said he did not accept that Levi's conduct could 'justifiably be said 
        to have amounted to blackmailing Mr Bates'. The judge said that the description 
        of Levi as a shyster was 'substantially unjustified'. And he said that 
        Bates had 'failed to justify' allegations that Levi had acted 'contrary 
        to the best interests of the club or that he deterred would be investors'. 
        The judge, though, did not find that the letter written to the club's 
        fans was libellous. SIR CHARLES 
        GRAY'S JUDGEMENT IN FULL After the judgement, Levi's barrister revealed that in January 2009 Levi 
        had offered to settle the action for £15,000 damages and an apology, but 
        Bates had declined to accept those terms. At a Press conference called to discuss the case, Levi said: 'This has 
        been a most difficult and testing four years for myself and my family. 
        The whole episode has been hugely upsetting to me. I am delighted and 
        relieved that the judgement recognises both that upset and that the action 
        was not financially driven. The judgement vindicates my decision to pursue 
        this action and to stand up for myself. The action had nothing to do with 
        Leeds United, to whom I wish only success. It was brought to stop Mr Bates 
        continuing to libel myself and my family. I have been and will remain 
        a lifelong Leeds United supporter.' A week later, The Guardian's David Conn, a long term critic of 
        Ken Bates and the lack of transparency in his business dealings, aired 
        his views. 'Bates had retired to the tax haven of Monaco after selling Chelsea to 
        Abramovich, and he told the court in Levi's libel action what his motivation 
        was for returning to football just 18 months later, aged 73, to take control 
        of Leeds. It was, he said, a similar situation to that of Chelsea in 1982: 
        "Hopelessly insolvent; it did not own its ground, but was a big club, 
        and there was a chance to rebuild it." It was Bates' opportunity 
        for a last hurrah, a defiant final success at a club whose enormous potential 
        had been sapped by mismanagement, but the course of his time at Leeds 
        United has not run smoothly at all. The judgment in the libel trial, which 
        runs to 28 pages, can be read as a narrative of events at the club which 
        had sunk into financial meltdown. 'Melvyn Levi was one of the Yorkshire Consortium ... who opted to have 
        a go at rescuing Leeds as it teetered at risk of going completely bust. 
        They were not hugely wealthy by the standards of the international rich 
        list currently taking over English clubs, and they personally put around 
        £4m into the club, in loans, to try to stabilise it. They sold Mark Viduka, 
        Paul Robinson, Alan Smith and all other high-earning players they could; 
        sold and leased back Elland Road and the Thorp Arch training ground... 
        none of it was enough to stay financially afloat and stave off demands 
        for unpaid taxes from HM Revenue and Customs. 'Bates arrived in January 2005 offering to provide investment in the 
        club which was then desperately needed. In the course of the trial, Bates 
        confirmed that he personally put no money in. Leeds were bought not by 
        Bates, but by a fund registered in the Cayman Islands and run from Switzerland: 
        the Forward Sports Fund, FSF... Bates said he "did not know" 
        who the investors were in FSF. The fund had been marshalled by Bates' 
        associate, Patrick Murrin, an accountant in Guernsey, who Bates said had 
        helped him with his financial activities in offshore places for 30 years. 'By the time Bates took over at Leeds, Levi and Weston, and two  'For technical reasons, both sides agreed that the Yorkshire Consortium 
        would transfer half their Leeds United shares to Bates' company immediately, 
        and the other half after 12 May 2005... After that, Bates' consortium 
        had to formally call for the Yorkshire Consortium to transfer the other 
        50% of the shares over, and Bates had to do that, exercise the call option, 
        by 31 May 2005, after which it would lapse. When he did call for the shares, 
        Bates had to provide a guarantee that the Yorkshire Consortium's outstanding 
        loans would still be repaid, together with a valid legal opinion from 
        suitably qualified lawyers that the guarantee was indeed binding. 'Bates agreed that while Levi and the two other Yorkshire Consortium 
        members were still owed money by his company, they would each be entitled 
        to three tickets to the directors' box and boardroom for every home match, 
        and a car parking space at Elland Road, and one ticket for every away 
        game. 'Mark Taylor wrote to Krasner on 19 May 2005, saying he wanted to exercise 
        the call option for the Yorkshire Consortium to transfer ... the other 
        50% of their Leeds shares. Taylor asked Krasner to send him a draft of 
        the guarantee for the repayment of the Yorkshire Consortium's loans... 
        this was done on 27 May 2005. However, it was not until July 5 ... that 
        Taylor sent to the Yorkshire Consortium the draft legal opinion which 
        was required by the agreement. Even then, according to the judgment, it 
        had a page missing. 'Levi said in his evidence ... that he became concerned about whether 
        his and Weston's £1.4m outstanding loans really were being guaranteed 
        by these arrangements. His lawyers advised him "there are risks associated" 
        with it, and on 4 August 2005, Levi's solicitors told Mark Taylor that, 
        as it was all complex, they were going to ask for full legal advice from 
        a barrister. 'It was during this pause ... that Bates, and Shaun Harvey, Leeds United's 
        chief executive, suddenly moved to take Levi's match tickets away from 
        him and ban him from Elland Road. On 17 August, Harvey wrote to Levi, 
        claiming that at a pre-season friendly at Harrogate Town Levi had criticised 
        Bates and said he was opposed to the new board. Harvey's letter concluded 
        that the board had been left with no alternative but to take away Levi's 
        tickets to home and away games and his car parking permit. 'Mr Harvey added ... that he was compelled to inform Mr Levi that he 
        would not be welcome at club matches either home or away and that Mr Levi 
        might consider himself banned from the stadium and the surrounding area 
        controlled by the club. Levi said in court that Harvey's letter "came 
        as a complete and utter shock, since he had made no criticism of Mr Bates 
        nor insulted him or the club". Andrew Thirkill, Harrogate Town's 
        deputy chairman, who had been Levi's host at the game, wrote to Bates 
        saying Levi had made no such comments. 'Three weeks after the match, Kevin Blackwell ... had provided Bates... 
        with a statement saying Levi "had made many derogatory remarks towards 
        the club and had said that he was going to make it as hard as he could 
        for Mr Bates ..." Blackwell gave evidence at the trial to say he 
        "had no recall of Mr Levi making any personal statements against 
        Mr Bates" and that Levi's comments were mostly about the club. 'Sir Charles Gray did rule on this question, about whether Levi did in 
        fact make derogatory remarks about Bates and the club at that Harrogate 
        game, and he ruled that Bates had encouraged Harvey to blow the incident 
        out of all proportion, quite deliberately, to engineer a ban of Levi from 
        Elland Road. 'Levi continued to take legal advice about whether he was obliged to 
        transfer the shares to Bates. The advice conflicted, one barrister saying 
        the option had lapsed, but another, Michael Crystal QC, ruling that,  'In the libellous articles which Bates wrote in the match programmes 
        many months later, in October 2006 and March 2007, he repeatedly said 
        that the call option had been valid and Levi had been duty bound to complete. 
        It was Levi's failure to do that, specifically, which led to Bates writing 
        that Levi was "a shyster" trying to "blackmail the club". 
        Yet in an extraordinary revelation at the trial, it emerged that Mark 
        Taylor had himself taken advice from a senior barrister, David Philips 
        QC, who said he was "not optimistic" that the call option was 
        valid. Philips believed the prospects of Bates being able to argue that 
        it had not lapsed "at well below 50%". Yet still Bates repeatedly 
        attacked Levi, in print, for not transferring the shares. 'Instead, Levi had approached Taylor in early September to seek a settlement, 
        and he was most concerned not with the money but getting his tickets for 
        Elland Road reinstated. Weston was keener to make sure their loans would 
        definitely be repaid, and he took over the negotiations with Taylor, acknowledging 
        in court that he also looked to take "modest financial advantage" 
        of the situation. Weston put to Taylor that as the call option had lapsed, 
        they would still transfer the shares over in return for Levi having his 
        tickets reinstated, their loans being repaid immediately, and for 10% 
        of Leeds United being given to them. Taylor rejected that, telling Weston 
        he was being greedy. Weston said in his evidence that the conversation, 
        on 9 September 2005, was "amicable", he told Taylor he was open 
        to a counter offer - making it clear, in other words, that this was a 
        negotiation - and Taylor had said he would talk it through with Bates 
        and come back to Weston. 'Instead, Bates made his move a week later, on 16 September 2005. Bates 
        and Taylor had considered raising new money for Leeds by holding a rights 
        issue... Instead, they decided to issue 2.5m new shares in Leeds United, 
        the club itself, directly to FSF. FSF would also convert £2m of their 
        loans into shares in the club. 'That was agreed in a telephone call on ... 22 September 2005. The effect 
        of it was to make FSF 94% owners of Leeds United. Bates' other company, 
        which owed Levi and Weston the £1.4m, now had just 4.5% of the club. The 
        Yorkshire Consortium's 50% share was reduced to 1.5%. By doing this, Bates' 
        company skipped free of having to repay Levi and Weston their loans, because 
        it no longer owned the club and had no other assets. 'The judge agreed with that view of what Bates and Taylor had done: "I 
        am not persuaded that Mr Bates has established that it was the dispute 
        with Mr Levi which caused the rights issue to be abandoned," Sir 
        Charles ruled. "Rather it was the decision of Mr Bates, assisted 
        by advice from Mr Taylor, that FSF should purchase shares in [Leeds United] 
        instead. Blaming Mr Levi was a convenient strategy for them." 'Bates blamed Levi for the rights issue being abandoned, for not transferring 
        the shares over and accused him of acting against Leeds' interests in 
        other ways in articles in three match programmes which Sir Charles ruled 
        were false and libellous. The first that Levi complained of was written 
        by Bates ... on 17 October 2006... Bates wrote in his chairman's notes 
        about the fact that Levi had not executed the call option: "Regular 
        readers of this column will recall that [Levi] refused to transfer the 
        shares to me claiming that I had not exercised the option to acquire them, 
        despite both his solicitors and barrister telling him that I had." 'The second article on which Levi sued Bates for libel was contained 
        in the programme of 3 March 2007 ... Almost 18 months after the events, 
        Bates raised the issue of the call option again ... "FSF complied 
        with all the requirements [of the call option] and duly exercised the 
        option on the due date. Levi claimed that the option had not been validly 
        exercised and refused to transfer the shares … I understand that [Levi's 
        father] was highly respected and a pillar  'The third article Levi complained about was written a week later, in 
        the programme on 10 March 2007 ... First there was a series of questions, 
        including: "Why did you refuse to complete the share option in 2005?" 
        and "Are you trying to blackmail me into paying you money to go away?" 
        He also blamed Levi for putting off a potential investor, he claimed, 
        with £100m in the bank, from investing in the club. This time Bates pointed 
        out that Levi's telephone number was in the phone book. 'In court, Myerson, acting for Levi, persistently took issue with Bates 
        about the fact that these articles were written so long after the discussions 
        had taken place over the call option, which Bates had resolved, back in 
        September 2005, by means of new shares being issued to FSF. Myerson put 
        to Bates that he had written the articles to deflect Leeds' fans attention 
        from how badly Leeds were faring, heading for relegation and administration, 
        under Bates' chairmanship. Bates denied that, claiming he was still frustrated 
        by Levi's conduct even then. 'Myerson also focussed on Bates' comment, in the 10 March 2007 article, 
        that Levi's father must be "turning in his grave at the antics of 
        his offspring ... Mr Bates, that is a thoroughly unpleasant thing to have 
        written", Myerson said. 'During the pause before Bates answered that charge, Levi, in court, 
        sitting on one of the public benches with his wife beside him, was blinking 
        hard. Bates replied: "I think it is a reasonable speculation." 
        Sir Charles asked him what he meant, what was a reasonable speculation. 
        Bates replied: "That his father must be turning in his grave." 
        Myerson then asked: "Do you have no reflection or consideration over 
        the last two and a half years that makes you want to say that is going 
        a bit too far, and you are sorry for saying it?" Bates answered: 
        "I suppose with the benefit of hindsight I regret saying it. I thought 
        it, and still do, but perhaps I shouldn't have written it." 'Sir Charles Gray's judgment on this series of events at Ken Bates' Leeds 
        between his 2005  'Making the award of £50,000, plus costs, Sir Charles ruled that it reflected: 
        the "gravity of the libels: the allegation of blackmail is particularly 
        serious"; the fact that the libels were repeated "on several 
        occasions over a period of 10 months"; the fact that Bates sought 
        "unsuccessfully to justify his statements about Mr Levi and continued 
        to do so in a public trial lasting many days ... Perhaps most important 
        of all," the £50,000 award took into account "the obvious distress 
        and injury to Mr Levi's feelings caused by the libels. In this regard, 
        I take account of the gratuitous inclusion … of Mr Levi's home address 
        in Leeds and the reference … to his home telephone number being in the 
        telephone book which was in effect an invitation to Leeds fans to pester 
        Mr Levi." 'So far, Bates has issued no apology for the words he used, or retraction 
        of any of the allegations he made in those match programmes, which the 
        judge found to be grave libels. Instead, Bates issued an unbowed statement, 
        saying he was "disappointed in the judgment, some aspects of which 
        we find rather extraordinary", and saying he is considering an appeal.' In October 2009, Bates was refused leave to appeal. The decision came 
        at a time when other issues were preoccupying the club's management. The Thorp Arch training facility was sold by the previous board to Manchester-based 
        property developer Jacob Adler and his Barnaway company in October 2004 
        to raise much needed funds and the club's option to re-acquire the facility 
        was due to expire shortly. United approached Leeds City Council in August 2009 to lend them the 
        money for the £5.8m repurchase. The club's poor credit rating made it 
        almost impossible for them to secure a normal commercial loan and they 
        asked the Council for help. Phil Hay reported on the story for the Yorkshire Evening Post: 
        'The clause expires on 10 October 2009, after which point the club would 
        have no right to purchase the property near Wetherby. It was widely anticipated 
        the recent sale of young midfielder Fabian Delph to Aston Villa, allied 
        with the £4.5m profit posted by Leeds in the last financial year, would 
        provide sufficient income to acquire Thorp Arch, but the plea to the Council 
        indicates the club do not expect to be able to raise the necessary amount 
        before 10 October. 'Leeds pay an annual rent of almost £500,000 for Thorp Arch, a sum which 
        increases by three per cent each year and would continue to do so until 
        their lease expires in 2029. 'The Council is exploring two possibilities - to offer Leeds a loan to 
        secure the complex or to buy the land itself and negotiate a new lease 
        with the club, along with an extended buy back clause.' Negotiations with the Council went on for weeks. On 1 September, it was 
        reported that the Council's executive board had rejected the option of 
        a loan, though they were still considering whether to buy the facility 
        themselves. On 17 September, senior councillors voted to buy the facility 
        and lease it to United. The following press statement was issued. 'Any deal would secure use of the training facility for the Olympics, 
        the 2013 and 2015 Rugby World Cups, and the 2018 Football World Cup, along 
        with increased Leeds United community activity across the city. At a meeting 
        of the executive board last month members agreed to investigate whether 
        it was appropriate for the Council to be involved in the matter. At that 
        meeting it rejected any possibility of a loan being made to the club and 
        asked officers to examine an alternative option where the Council borrow 
        money to buy the facility and then lease it back to Leeds United.' The deadline for completion of the deal was deferred to 15 October to 
        provide more time for United and the Council to complete the final outstanding 
        details of the arrangement. On 16 October, the news was released that the deal had collapsed, thanks 
        to what the Council termed 'uncertainties'. The club's official website 
        carried the following statement. 'Leeds United Football Club did not exercise the option to purchase Thorp 
        Arch before the 23:59 deadline on the 15th October. The club will remain 
        a tenant of Barnaway Limited for the next 20 years under the terms of 
        the current lease. The club's use of Thorp Arch during that period will 
        remain unchanged from our current use. 'Discussions continued with Leeds City Council until the deadline, however 
        the Council were not able to provide the club with an unconditional letter 
        of commitment to purchase Thorp Arch and then lease it back to the club. 
        This meant that if the club was to have exercised the option the club 
        would have been at risk of completing the transaction in 28 days time 
        without the guarantee of funding. That was a £6m risk the club was not 
        prepared to make. 'It is the club's belief that the conditions that the Council sought 
        to attach to the offer could all have been satisfied before the expiry 
        of the 28 days, however as they were not all in the gift of the club therefore 
        it was decided not to proceed.' Ken Bates: 'We've been in negotiations for three months, but these have 
        dragged on inevitably because of the way any council works... Things weren't 
        being resolved as quickly as they might have been up to last week when 
        obviously the deadline started coming up. We kept trying to put pressure 
        on to get the outstanding matters resolved, but it was like dragon's teeth. 
        As soon as one problem was solved up came two more, and some of them were 
        a bit nonsensical to put it mildly, without going into details. 'I think it wasn't helped by the fact the Council employed a firm of 
        outside lawyers who have to justify their existence ... It came to a situation 
        at 4pm on Thursday afternoon where we were faced with 13 demands, most 
        of which could have been raised weeks or even months ago and we only had 
        seven hours to solve them all. This wasn't helped by the fact that their 
        lawyers weren't there on Thursday night and Paul Rogerson (Council CEO), 
        the poor man, was left there until midnight trying to cope on his own 
        without any back up or assistance from his side. 'The deal had moved as they inevitably do to a bit of extra protection 
        here, extra cover there, community use which wasn't a problem, and use 
        for the 2012 Olympics and the 2013 and 2015 Rugby World Cups, some of 
        which was contrary to the covenant which was in the covenants when the 
        land was bought from the Council in 2000 and we weren't prepared to take 
        a risk. 'We had to sign unconditionally with Jacob Adler by 11.59 on Thursday 
        night and the Council still wanted to give their agreement with a number 
        of "subject to..." We weren't prepared to take that risk. So, 
        I sat down and evaluated the options of accepting the conditions or not, 
        and unfortunately the financial requirements of the Council had grown 
        so much it became very much touch and go whether it was really an advantage 
        to the club. I decided at 11.40pm it wasn't up to the risk because we 
        couldn't find Adler £5.8m in 28 days time and we would have been relying 
        on the Council to keep their half of the bargain. It wasn't worth periling 
        the club after all the hard work we have put in over the last five years.' Fans demanded to know why the club were unable to fund the purchase. 
        Ken Bates blamed high running costs and the instalment terms on the Delph 
        transfer. Among heavy outgoings was a yearly rental bill for Thorp Arch 
        and Elland Road amounting to £1.9m. Council Tax and utility bills added 
        another £600,000, while a wage bill of a little over £6m was not only 
        the biggest in League One but also comparable to 'an awful lot of Championship 
        clubs'. He added, 'This is an expensive football club to run and we didn't have 
        the money ... We have had to pay money to McAllister and Staunton, and 
        for bringing in Simon Grayson. We have also spent £500,000 on getting 
        planning permission to redevelop the East Stand. When that is completed, 
        it is something the club will benefit from for years to come. Buying Thorp 
        Arch with our own money wasn't an option because we didn't have the money 
        to do it.' On the fee received for Delph, chief executive  On 4 December, The Guardian's David Conn reported on another issue. 'The Football League is expected to declare within days that it knows 
        who Leeds United's owners are and that those people are "fit and 
        proper" to be in charge of the club. 'League sources indicated last night that the League One club has provided 
        significant detail and supporting documents to demonstrate to the League's 
        satisfaction who the individuals are behind Leeds' complex offshore ownership. 
        The League's new policy, outlined by the chairman, Lord Mawhinney, at 
        a meeting of clubs yesterday, is that all clubs must identify to the League 
        who their owners are, and they must be passed as 'fit and proper'. However, 
        the policy does not extend to the League requiring this information to 
        be made public. 'The League asked Leeds a series of questions about the club's ownership 
        after The Guardian revealed in September that the Leeds chairman, 
        Ken Bates, had revised his account of who owned the club. The revelations 
        were made in a court action in Jersey, where Leeds are suing a company, 
        Admatch, whom the club claim owes them £190,000. Admatch is defending 
        the action, counter-claiming that it is owed £2m by Leeds. 'In evidence to the Royal Court of Jersey in January, Bates' solicitors 
        said FSF … ultimately owned Leeds. The solicitors said Bates and his long-term 
        financial advisor, Patrick Murrin, owned one management share each in 
        FSF. Mark Taylor, Bates' lawyer, said subsequently that these were the 
        only shares in FSF, therefore Bates and Murrin were its joint owners. 
        Then in May, Bates swore an affidavit to the Royal Court, stating that 
        that previous information had been "not correct" and it had 
        been "an error on my part" to say he was FSF's joint owner. 
        The sworn statement attached a letter from investment brokers in Geneva, 
        Château Fiduciaire, which said they were the administrators of FSF. That 
        letter clarified that there were in fact 10,000 shares in FSF, that Bates 
        did not own any and nor did any Leeds director.' On 12 February, the Yorkshire Post reported: 'Football League 
        chiefs last night confirmed that Leeds United's owners have passed its 
        fit and proper persons test. Elland Road officials were contacted by the 
        League last year to clear up the mystery of who is in ultimate charge 
        of the League One club. FSF, a company registered in the Cayman Islands, 
        own United but their shareholders are anonymous. United chairman Ken Bates 
        is understood to be FSF's UK representative, but, as he revealed in a 
        sworn affidavit to a Jersey court last May, he does not have any shares 
        in the company. 'The League are now satisfied Leeds comply with all regulations, though 
        supporters remain in the dark as to who owns the club due to no details 
        being made public. A League spokesman said: "The Football League 
        has concluded its enquiries regarding Leeds  'Under League rules, club directors, anyone owning 30 per cent or more 
        of its shares, or anyone "who exercises direct or indirect control 
        over the affairs of the club" must declare themselves to the League 
        and be passed as a fit and proper person.' David Conn continued his campaign on 4 March: 'The ownership of Leeds 
        United ... has been rooted in a tour of offshore tax havens ever since 
        Ken Bates arrived as chairman in 2005. Documents filed at Companies House 
        in December name three offshore organisations and a lawyer based in Monaco 
        as holding the shares in Leeds, but the individuals who ultimately own 
        the shares have never been publicly identified. That remains the case 
        even though, following an inquiry, the Football League has now said it 
        is satisfied with the information Leeds have provided on their ownership, 
        and that Leeds comply with the rule that club owners be passed as "fit 
        and proper" people. 'The League has made great strides on governance and financial regulation 
        under the seven-year chairmanship of Lord Mawhinney, who retires later 
        this month. But requiring clubs to publish their owners is, to date, a 
        step too far. For that to become a League regulation a requisite majority 
        of clubs would need to introduce a rule, and according to League sources 
        there is currently "not the appetite" to do so. The current 
        system, therefore, is that Mawhinney himself and three senior League executives 
        receive and scrutinise ownership information from a club. The supporters 
        still have no right to know, unless a club choose to tell them. 'The offshore entities involved in the ownership of Leeds have emerged 
        in various episodes since 2005. The company which took over the majority 
        ownership of the club from the former regime led by the 'The Companies House documents name the entities which now hold the Leeds 
        shares and suggest they have a story to tell, with £2.2m being invested 
        in the club by them in June 2008. More than 70% of the shares are still 
        owned by FSF, whose address is given as 60 Rue du Rhone in Geneva, the 
        office of Château Fiduciare, the company which administers the fund. FSF 
        was formed and registered in the Cayman Islands from January 2005, but 
        on 31 March last year, was struck off the register. 'Peter Boatman, of Château Fiduciaire, who was named last May as a director 
        of FSF, confirmed this week that he has passed the League's fit and proper 
        person test, which applies to directors and 30% shareholders of clubs 
        ... He added that all information about Leeds' ownership had been supplied 
        to the League's satisfaction, and that with Leeds now stabilised financially 
        ... questions about who ultimately owns the club will be seen as unwelcome 
        criticism. "The situation at the football club has improved immensely 
        which is very satisfying when some clubs are in serious financial trouble," 
        he said. "We have never denied information to the Football League 
        and although I cannot confirm or deny who the shareholders are, the only 
        thing I can say about the structures we control is that they are all above 
        board." Asked who the shareholders actually are, Boatman replied: 
        "It is not necessary for you to have that information." 'The second Leeds shareholder registered at Companies House was the Homer 
        Trust, with an address also at the Geneva office of Château Fiduciaire. 
        Another offshore company, Outram Investments Limited, registered in Tortola, 
        the British Virgin Islands, invested £2m, the bulk of the 2008 cash injection. 
        The fourth shareholder listed is Donald Manasse, a corporate lawyer with 
        offices on the Boulevard des Moulins in Monaco. Contacted by The Guardian 
        this week, Manasse said he was pleased that the League had passed the 
        Leeds ownership as "fit and proper". When asked who ultimately 
        owns the shares, he declined to confirm whether he holds the shares on 
        his own behalf or for somebody else. 'The League launched its inquiry in October after The Guardian's 
        revelation that Bates had revised his account of the shareholdings in 
        FSF in a court case Leeds are bringing against a company, Admatch, in 
        Jersey. Leeds claim Admatch owe them £190,400, while Admatch's owner, 
        Robert Weston, claims he was owed £1.43m by another Leeds United company 
        which went bust in 2006. In January last year, in response to questions 
        from Weston over the ultimate owners of Leeds, Bates' Jersey solicitors 
        said that FSF was incorporated in the Cayman Islands and had two management 
        shares. One each, they said, was held by Bates and his long-term financial 
        adviser, Patrick Murrin. Bates' solicitor, Mark Taylor, a Leeds director, 
        said FSF had no other shares. In the same case in May, Bates himself swore 
        an affidavit, which said that in fact the management shares were held 
        by Boatman and Murrin, not him. The previous statement by his solicitors, 
        he said, was "not correct and was an error on my part". Bates 
        explained that in 2005 he had approached Murrin to raise money from investors 
        to support Bates in taking over at Leeds, and Murrin had arranged for 
        FSF to be incorporated in the Cayman Islands, then it loaned Leeds an 
        initial £4.4m to keep the club in business. 'The affidavit attached a letter from Château Fiduciaire, which stated 
        that the actual ownership of FSF was held via 10,000 participating shares, 
        but Château Fiduciaire said they could not say who owned those shares: 
        "It is not the policy of this company, a fully regulated Swiss fiduciaire, 
        to release information on ultimate ownership without an appropriate court 
        order, valid in Switzerland." 'The League announced its inquiry after noting "recent allegations 
        made about the ownership of Leeds United", adding that it had written 
        to Leeds, "seeking clarification". The board also announced 
        that after taking its legal advice about how its fit and proper person 
        test should work, it would now be the policy of the board to "insist 
        that it is informed, with supporting evidence provided, of the ultimate 
        beneficial owners of all Football League clubs". 'Leeds did then provide the League with further information, but no further 
        comment was made until last month. 'So Mawhinney and three senior executives now know and are satisfied 
        with what Leeds provided about the identity of their ultimate owners, 
        but the fans and public do not.' On 24 July 2010, the club bowed to the mounting pressure and published 
        the following, somewhat opaque, statement about the ownership of the club 
        on its official website. 'Leeds United Football Club Limited ("LUFC"), the company that 
        holds the share in the Football League, is a member of the  'LCH has five shareholders, four of these hold 27.15% collectively with 
        no one of these holding more than 10% of the issued shares. 'FSF Limited (a company incorporated in Nevis) holds 102,000,000 or 72.85% 
        of the issued shares. 'Château Fiduciaire SA ("the trustee") is the legal owner of 
        the shares in FSF Limited. The trustee is a fully regulated Swiss Fiduciary 
        providing professional trust and corporate services to clients worldwide. 'FSF Limited has 10,000 shares that are held on behalf of 3 separate 
        and independent discretionary trusts ("the trusts"). Two of 
        the trusts hold 3,333 shares each and the other holds 3,334. The trustee 
        is the duly appointed trustee of the trusts and manages them independently. 
        The class of beneficiaries in each trust are entirely discretionary, they 
        are not identical and can only be identified by the potential nature of 
        any benefit. 'FSF Limited was incorporated purely for the purpose of the trusts' investments 
        in LCH. These are not the trusts' only interests. The trusts have no other 
        interest in any football club. 'The trustee has issued two management shares in FSF Limited that carry 
        full voting rights but no rights to capital or income to the holders of 
        the management share. The management shares are held by Patrick Murrin 
        and Peter Boatman on behalf of Ken Bates. All have passed the Fit and 
        Proper Persons Test. 'None of Messrs Murrin, Boatman or Bates is a member of the class of 
        beneficiaries of the trusts. The trustee, through the issue of the two 
        management shares, have placed the management and control of LUFC in the 
        hands of Mr Murrin and Mr Bates. 'No potential beneficiary of the trusts or their immediate family may 
        have rights to over 10% of FSF Limited's shares in LCH.' Clear as mud! Part 1 Our time at last? - Part 
        3 Cup highs and League lows - Results and 
        table |