But after the intervention of the Echo, the FA has dropped the first charge. Graham Bean, of Football Factors who represented Moyes said: "Thanks to the evidence supplied by the Liverpool Echo we could prove that David had not made the comments which were alleged of him.
"Without it then there was a possibility that the charge would have been found proven and it cannot be right that the FA are reliant upon inaccurate evidence. It would have been the equivalent of a miscarriage of justice!
"The FA now need to review their whole policy on charging people in the game where they rely on the content of a newspaper article as this episode has proved highly embarrassing for them. They have withdrawn a charge because they have failed to ensure that the evidence they relied upon is correct."
The Echo supplied a recording of David Moyes' post-match press conference following the October derby match, which proved he did not actually make comments which were reported elsewhere.
Moyes does, however, still face another charge of improper conduct following comments he is alleged to have made about Clattenburg the following week at a separate press conference.