The Premier League has referred Everton to an independent commission over an alleged breach of financial fair play rules relating to the 2021-22 season and follows an official complaint made during that campaign by then Premier League rivals Leeds United and Burnley.

It is only the second time action like this has been taken, after Manchester City were hit with more than 100 financial fair play charges last month.

Premier League rules dictate clubs are allowed to lose a maximum of £105million ($128.4m) over three years.

Everton recorded losses of £370m between 2018 and 2021, with their accounts for the season in question due imminently.

A Premier League statement on Friday read: “In accordance with Rule W.82.1, the Premier League confirms that it has today referred an alleged breach of the league’s profitability and sustainability rules by Everton Football Club to a commission under Premier League Rule W.3.4.

“The assessment period for which it is alleged that the club is in breach is the period ending season 2021/22.

“Commissions are independent of the Premier League and member clubs. The members of the Commission will be appointed by the independent Chair of the Premier League Judicial Panel, in accordance with Premier League Rules W.19, W.20 and W.26.

“The proceedings before the commission will, in accordance with Premier League Rule W.82, be confidential and heard in private.

“Under Premier League Rule W.82.2, the commission’s final award will be published on the Premier League’s website. The League will be making no further comment until that time.”

How did we get to this point?

After decades of feeling hampered on the wrong side of the Premier League’s financial glass ceiling, Farhad Moshiri’s arrival in 2016 was supposed to be a game-changer for Everton.

David Moyes may have already left, but his belief that the club needed only a billionaire benefactor to join the top-flight’s elite suddenly felt well-founded.

Moshiri was certainly a generous owner.

The first permanent manager under his reign as a majority investor, Ronald Koeman, spent around £145million on players in his first summer in charge, and Moshiri extended a similar level of support to the subsequent three managers before Rafa Benitez and Frank Lampard inherited tighter budgets due to mounting issues over past excess.

That excess included inflated sums spent on underperforming players with too few sold at a profit, leaving the club vulnerable to the rules of FFP.

Having not qualified for Europe since 2017, the club have so far avoided scrutiny from UEFA.

Yet the Goodison Park hierarchy has long been aware of growing concerns with domestic laws and became increasingly aware of any moves that could breach the Premier League’s profitability and sustainability rules, which are designed to prevent clubs with wealthy owners from spending beyond their means.

Staying within their limits had become key for Everton over the last four years. Had it not been for the Covid-19 pandemic and the subsequent deductions allowed from losses, Everton would already be in deep trouble.

But after last year’s accounts showed further losses, this latest development could suggest Everton have been unable to claw back enough.

Moshiri made his feelings about the situation known, calling it “unfair play” during a radio interview in 2021. In another interview in May that year, the former Everton manager Carlo Ancelotti quipped: “The Premier League has to solve different problems than the financial fair play of Everton.”

In March 2022, the club posted a loss of £120.9million in their last annual accounts which prompted greater scrutiny, along with anger from fellow strugglers Leeds and Burnley.

A joint letter signed off by Leeds chief executive Angus Kinnear and Burnley chairman Alan Pace is thought to have prompted the Premier League investigation which has led to this.

What is permitted under the Premier League’s profitability and sustainability rules?

Clubs are allowed to lose up to £105million over a three-year period.

Everton’s recent losses have been much higher, but all clubs are allowed certain deductions when making their final submissions. These include monies spent on infrastructure, community schemes, as well as women’s and academy teams.

From the point at which they were granted planning permission in early 2021. Everton were also able to capitalise — write off from their profit and loss figures — money spent on their new stadium project.

In the last set of published accounts, clubs were also permitted to attribute certain losses to the impact of the pandemic. For financial years 2020 and 2021, Everton said that sum was £170m — £103m of which came in 2021. This was much higher than the figures reported by other clubs. Upon publishing their 2021 accounts, Everton said their “ability to generate material profits on player trading, which also yields significant wage and amortisation savings due to the players no longer being contracted to the club, has unquestionably resulted in a material and negative impact on the club across the last two reporting periods”.

They added: “We are continuing to assess the uncrystallised financial impact caused by the COVID-19 pandemic and the board strongly believe that a further substantial financial loss, not reflected in the £82.1 million cumulative crystallised figure, has been incurred.”

Everton think that these deductions make them fully compliant with the Premier League’s profit and sustainability rules.

Wasn’t the Richarlison sale last summer designed to avoid this situation?

Everton have been in regular communication with league officials over their finances and will likely point to a series of cost-cutting measures taken in recent years.

Before the season in question (2021-22) then-manager Benitez spent just £1.7million on new players. High-earners were moved on as Everton cut their cloth accordingly, with others following them out of the door at the end of last season.

Their biggest step came shortly before the end of the last financial year when Richarlison was sold to Tottenham for a fee of around £60million.

As The Athletic reported at the time, the sale of the Brazilian was viewed as a key way of staying on the right side of FFP red lines.

The sale of Richarlison to Tottenham last summer was done with Premier League FFP rules in mind (Photo: James Gill – Danehouse/Getty Images)

What are the possible punishments that could be imposed?

It’s worth noting that there is no direct precedent for this type of punishment in the Premier League era.

That means we can only consider the possible sanctions if the club were found guilty, and the Premier League handbook lists what might happen.

Perhaps the most damaging — certainly if it were to happen this season as Everton battle relegation — would be a points deduction. They could also be fined, face a transfer embargo or have a limit placed on their spending.

Then there is the reputational damage that comes with such a high-profile case.

To avoid this becoming a reality, Everton must convince a commission of independent figures that they have not fallen foul of the rules.

When could punishments be applied? Could Burnley have a case against Everton?

The charge Everton face, as is likely to be the case with Manchester City, is the first step on a long road.

There will be a lengthy legal procedure and possible appeal by Everton if they were found guilty, so any punishments this season would be unlikely.

Although on the brink of a Premier League return, Burnley, top of the Championship by 13 points, will no doubt be monitoring the situation carefully given they were one of the two clubs who originally complained, and were later relegated last term.

Leeds dropped their complaint after they survived in the Premier League last season.

What are Everton saying about the case?

A club statement read: “Everton Football Club is disappointed to hear of the Premier League’s decision to refer an allegation of a breach of Profit & Sustainability regulations to an independent commission for review.

“The club strongly contests the allegation of non-compliance and together with its independent team of experts is entirely confident that it remains compliant with all financial rules and regulations.

“Everton is prepared to robustly defend its position to the commission. The club has, over several years, provided information to the Premier League in an open and transparent manner and has consciously chosen to act with the utmost good faith at all times.

“The club will not be making any further comment at this time.”

Everton’s accounts for season 2021-22 are due to be published next week. After the sale of Richarlison, it is expected that those accounts will show a much smaller loss compared to previous years.

What is the next step?

Murray Rosen KC, a barrister at 4 New Square Chambers, chairs the Premier League’s independent judicial panel and was appointed to the role in 2020.

Rosen’s profile on 4 New Square Chambers’ website describes him as someone who has a “formidable reputation as a tenacious advocate” and as a “neutral who resolves disputes rather than still fighting them”. It also highlights that he is a member of Arsenal FC.

In this case, it is likely Rosen will select a three-person panel. Because the charges relate to alleged financial breaches, one of the panel members will have to be a financial expert.

Rosen is also an arbitrator for CAS.

Should either Everton or the Premier League decide to appeal against the panel’s verdict, then there is a process where a separate panel would convene to review any possible appeal.

(Top photo: Robbie Jay Barratt – AMA/Getty Images)