Fraud case football executives sent to jail
Three men involved in the fraudulent takeover of a former Premier League football club were jailed by a Northampton court today.
Jeremy Keith, former chief executive of Derby County Football Club, ex-finance director Andrew Mackenzie and former director of football Murdo Mackay were all handed prison sentences at Northampton Crown Court after it was found that they claimed "secret commission" in the deal.
Keith, 41, of Abingdon, Oxfordshire, was sentenced to 18 months after previously being found guilty of falsifying documents when he and his associates bought the club for just 3 in 2003.
Mackenzie, 55, of Burton Road, Derby, and 53-year-old Mackay, of Fife, Scotland, were each jailed for three years after they were found guilty of fraud.
David Lowe, their legal adviser during the takeover, was convicted of helping to launder 81,895 of the 440,625 the trio tried to claim as a brokerage fee. He was jailed for two years today.
Keith, Mackenzie and Mackay were all disqualified from being company directors - Keith for three years, and the other two for five years.
The court heard that the trio claimed "secret commission" of 440,625 after arranging a 15 million loan for the cash-strapped club from a Panama-based corporation.
It was claimed they used the loan as a "carrot" for the club, convincing administrators to sanction the takeover.
During the trial, jurors were told that Derby County, nicknamed the Rams, were struggling in 2003 following their relegation from the Premier League the previous year.
The Pride Park club owed more than 35 million and had been put into receivership by the Co-op Bank, the court heard.
Today the judge told the court that, although the club was "clearly undergoing difficulties both on the field and in its financial affairs" in 2003, the evidence during the trial suggested it would not have been allowed to go out of existence.
He said that, although the 15 million loan may have given the club some "breathing space", he did not accept it had "saved it".
He said: "It is a famous club - I was told it was one of the original members of the league - the chances of it vanishing were remote."
The judge told Mackenzie, described by one witness as "Mr Derby", that he had breached a position of trust and appeared to show no remorse or acknowledgement of his dishonesty.
He told Mackay he had beguiled Mr Waters into becoming involved.
He said he had "little regard" for those he beguiled and said his suggestion that what he did was acceptable in the football world was understandably rejected by the jury.
The court heard that Keith was found not guilty of conspiracy to defraud, but was party to the falsification of a dishonest invoice.
Judge Alexander said he had shown some sign of remorse but was clearly unfit to be a director of a company.
Addressing Lowe, he said: "It gives me no pleasure to see a lawyer, who by virtue of his profession should be regarded as totally trustworthy, awaiting to be sentenced for money laundering.
"You, better than anyone else, should know the seriousness of money laundering."
He also told Lowe he was surprised to hear he would not lose his position as a Wimbledon steward, adding: "I would have thought a money laundering solicitor was not much of a role model, but that is a matter for your association."
The judge told the men their financial positions had undoubtedly been affected by their arrest and conviction - including Lowe, who lived in Monaco with a yacht at his disposal.
In a previous hearing the court also heard that the cost of bringing the prosecution had reached about 250,000, for which the men may be liable.
Keith, Mackenzie and Mackay also faced a compensation claim from Derby County FC for 375,000.
This was the amount, minus tax, that they claimed as a fee for brokering the club's 15 million loan, the court heard on Friday.
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Saturday 04 February 2012
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