On 17 March 2009, Brown claimed that he saw Arsenal midfielder and captain Cesc Fàbregas spit at the feet of his assistant manager Brian Horton following Hull's 2–1 FA Cup defeat and elimination at the Emirates Stadium. Fabregas was cleared of the accusation on 22 May 2009. After the game Brown also falsely claimed that Arsenal manager Arsène Wenger had refused to shake his hand at one of their two previous meetings that season. Brown faced his third improper conduct charge of the season in relation to comments he made about referee Mike Riley after the Arsenal match. He denied the offence but was found guilty in a June hearing and once again fined £2,500 and warned about his future conduct.