The FA v (1) Michael Standing, (2) FTPM, (3) Gareth Barry, (4) Lee Power (5) Swindon Town Football Club

The case is significant because the Commission dismissed the charge of secondary liability against all Participants as it found FA Rule E.9, prohibiting agreements or attempts to breach other Rules, was limited to breaches of other FA Rules, and not FA regulations such at the Intermediaries Regulations (see [86] – [100]). In addition, the Commission ruled that FA Intermediary Regulation E8(i), providing a Participant must disclose to The FA a prohibited agreement within 10 days, did not apply to Mr Power as was he was not a Participant when he entered the prohibited agreement [80].

Mr Standing and FTPM accepted the main charges of having a prohibited interest in a Club against them. Because of Mr Standing’s substantial mitigation and because he had voluntarily agreed not to conduct football activity for 21 months before the hearing was heard, a 6-month suspension was imposed, but he was found to already served it. FTPM was fined £40,000 and Swindon Town FC, who also admitted the charge, was fined £25,000 with half of the fine suspended. The charges of having an interest in a football Intermediary business were found against Mr Barry, but only because his act of generosity in lending money to his friend, Mr Standing, may have given him an interest in the agency business, even though he never sought any such influence and was found by the Commission not to have “acted deceitfully or dishonourably” throughout [115]. As such he was only subject to a warning. The charge against Mr Power was dismissed because he was not a Participant when the Rule was allegedly breached.

A copy of the full written reasons can be found here.