Call for fraud squad to probe Leeds deal

· Taxman 'should challenge role of administrators'
· MP's early day motion wants more transparency

David Conn
Thursday June 14, 2007
The Guardian

A Yorkshire MP has called on the Serious Organised Crime Agency and the
Serious Fraud Office to investigate whether money-laundering or other
criminal offences have been committed in the recent financial dealings at
Leeds United.

Phil Willis, the Liberal Democrat MP for Harrogate and Knaresborough, has
signed an early-day motion in the House of Commons which "urges" those
law-enforcement agencies to mount inquiries, calls for greater transparency
in the ownership of football clubs and urges HM Revenue and Customs to
challenge in court the conduct of the administrators of Leeds United.

Willis's motion expresses concern at "the lack of transparency over the
financial affairs of Premier and Football League clubs" and urges Soca and
the SFO "to investigate whether criminal activity, including
money-laundering, has taken place".

The motion largely focuses on the three offshore companies, whose owners
are unidentified, that have controlled the club and decisively influenced
the administration which paid only 1p in the pound to creditors owed £35m.
The majority of the shares in Leeds before it went into administration on
May 4 were owned by the Forward Sports Fund, a trust registered in the
Cayman Islands and administered by a company in Switzerland. The
beneficiaries of Forward are unknown. Although Ken Bates was the Leeds
chairman and a director, the club's most recent accounts, for the year to
June 30 2006, stated that neither he nor any other director owned shares in
the club.

The largest creditor in Leeds was Astor Investment Holdings, registered in
Guernsey, which claimed to have loaned the club £12.84m. Krato Trust
Limited, registered in Nevis Island, West Indies, claimed to be owed £2.5m.
Both of these entities supported the administrator's proposal to pay
creditors 1p in the pound and transfer the club to a new company, again
owned by Forward Sports Fund and again with Bates as a director.

The administrator, Richard Fleming of the accountants KPMG, stated that
neither Krato nor Astor had any connection to Forward. Collectively the
three offshore funds' claims amounted to £17.7m, about 45% of the total,
more than enough to block any alternative offer for the club, some of which
had promised to pay creditors a much greater return.

At the creditors' meeting on June 1 the proposal was passed by a margin of
0.2% above the 75% vote required. At the meeting the former Leeds chairman
Gerald Krasner pointed to a declaration in Leeds's 2006 accounts that Astor
investments "has an interest in Forward Sports Fund", which meant that in
fact the two entities were connected. That was crucial because, if the 75%
threshold for an administrator's proposal is reached with the votes of
connected creditors, a separate vote has to be taken at which a majority is
required and any connected votes are disallowed.

Mark Taylor, a director of Leeds who is Bates's solicitor, told the meeting
that Astor and Forward had been connected in June last year but that he had
ensured they were disconnected last December. The administrator said he had
been assured in writing by Astor, and in sworn declarations from Bates and
Taylor, that the offshore entities were not connected.

Several creditors have since said they are unhappy that no detailed
explanation was given of the relationship between the offshore entities,
and how any connection was severed. Willis's motion calls on KPMG to
"explain why it failed to ascertain the beneficiaries of Astor Investments
Holding [sic] . . . and Krato Trust . . . who agreed to write off £13m and
£2.4m debts, and to seek explanations."

KPMG said in response that because Astor and Krato were owned overseas "it
was not for us to discover any more about their ownership than Mark Taylor
and Ken Bates assuring us that they were not connected parties". Bates
reacted to the MP's intervention with customary belligerence. The club
issued a statement saying: "We challenge Phil Willis to repeat his
allegations outside the House of Commons, and we will see him in court if
he does."

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