An Independent Regulatory Commission (chaired by Nicholas Stewart QC) today issued its decision on a number of charges brought by The Football Association against Players’ Agent Paul Stretford.

The Commission found seven of the nine charges against Mr Stretford proved.

Mr. Stretford was charged in June 2005 with various alleged breaches of the FIFA Players’ Agents Regulations and FA Rules.

The charges related to the circumstances surrounding his acquisition of the right to represent Wayne Rooney in 2002/03, and the evidence he provided in respect of those circumstances in a case heard at Warrington Crown Court in October 2004.

Specifically, he was alleged to have committed the following:
  1. Three breaches of the Code of Professional Conduct contained in the FIFA Players’ Agents Regulations for (i) failing to protect the interests of Mr Rooney, (ii) failing to respect the rights of third parties, and (iii) failing to refrain from any action that could entice clients away from other parties. The first two breaches were proved, the third was not proved. The Commission found that Mr Stretford did encourage Mr Rooney and his parents to enter into a representation agreement with Proactive Sports Management Limited (the company with which Mr Stretford conducted his activities as a football agent) on 17 July 2002 although he knew Mr. Rooney was still then under contract with Pro-Form Sports Management Limited.
  2. Three separate breaches of FIFA Players’ Agents Regulations for failing to lodge three representation contracts with The FA. The Commission found that Mr Stretford failed to lodge the 17 July 2002 representation agreement with The FA and also failed to lodge a later representation agreement with Mr Rooney dated 14 December 2002. However the charge in relation to a contract dated 19 September 2002 was not proved.
  3. One breach of FIFA Players’ Agents regulations set out in the alternative that Mr Stretford either (i) entered into a representation contract through Proactive Sports Management Limited with Mr Rooney for eight years which exceeded the two-year limit for written contracts between agents and their clients, or alternatively (ii) allowed an officer of Proactive Sports Management Limited to undertake duties that fell outside administrative duties connected with the business activity of a players’ agent. The first breach was found proved. The Commission found that Proactive entered into a representation agreement with Mr Rooney in July 2002 for a duration of eight years, which exceeded the two year limit provided for under the FIFA Regulations and that Mr Stretford, as the lead agent in respect of Mr. Rooney, knew about and was responsible for that agreement. The alternative breach therefore did not arise and was dismissed.
  4. Two breaches of FA Rules for improper conduct in relation to the making of false and/or misleading witness statements to police and giving false and/or misleading testimony to Warrington Crown Court. Both breaches were found proved. The Commission found that Mr Stretford had made a misleading witness statement and had given untruthful evidence in court in criminal proceedings in Warrington Crown Court, particularly in relation to the existence, dates and nature of those representation agreements dated 17 July 2002 and 19 September 2002.

The Commission decided the following sanction be imposed;

  1. Mr Stretford be fined the sum of £300,000.
  2. Mr Stretford shall be suspended from all activity as a football player’s agent for a period of 18 months. The Suspension Order will not come into operation until the conclusion of (i) any appeal by Mr Stretford to an FA Appeal Board against a decision of this Regulatory Commission and (ii) any reference to arbitration under FA Rule K in relation to a decision of this Regulatory Commission, on condition that Mr Stretford takes all steps to expedite the Appeal and arbitration processes.

    In addition the second nine months of the suspension will not come into operation at all unless Mr Stretford has been found by another FA Regulatory Commission to have committed a further breach of FA Rules before 1 January 2011. This nine month suspension will be permanently lifted as from 1 January 2011 if there has then been no such finding by another FA Regulatory Commission.
  3. Mr Stretford must pay all the costs incurred in relation to the holding of this Regulatory Commission (but that does not include the prosecution costs, which are borne by the FA, and he will also have to pay his own legal costs).
  4. Mr Stretford’s personal hearing fee of £100 is forfeited to The Football Association

Mr Stretford will have 14 days to appeal after he receives the full reasons of the Regulatory Commission

Timings

After being charged by The FA in June 2005, Paul Stretford launched a legal challenge to The FA’s disciplinary processes. A High Court ruling in March 2006 supported The FA’s position that as an FA-licenced agent, Paul Stretford was bound by The FA’s rules and regulations, and that any grievance should be resolved under the arbitration procedure contained in FA Rules. This decision was appealed by Mr Stretford and in March 2007 the Court of Appeal also found in favour of The FA.

Mr. Stretford then took his challenge to an arbitration tribunal under FA Rules, claiming that the arbitration should take place before the actual disciplinary hearing. The FA’s position was that the arbitration was premature on the basis that any challenge to the underlying disciplinary procedures should await the outcome of the disciplinary procedures as a whole. The arbitration tribunal rejected Paul Streford's arguments in December 2007, enabling the disciplinary process to proceed at the start of 2008.

Statement of decision of FA Regulatory Commission - click here
Interim Arbitral Award - click here