Guys, crew battles, except CCL, aren't official. That's why this kind of problems should be solved from both captains.
From my point of view, i don't see any intention of cheating. The different of the hour is a big problem and it's something that (maybe) captains should have predicted. That's why on the old days we selected Sir Bobby server for our crew battles, so all managers/crews play the same time.
If i was a player and my crew was involved, i would not ask for a penalty. I would never want to take point advantage this way.
Maybe the best solution is, the manager to sell the player, in a value of only a 10% higher of his value (this way the manager doesn't lose money) and continue the battle as it is.