Category Archives: Finance

Fine, Finer, Fined

My mother always told me (when I was young) that I was allowed to swear, as long as I did it grammatically correct. Little did I know that mommy made me paint myself into a corner! Ah well, the innocence of youth!

So when the board of directors of the Royal Bank of Scotland learned their usage of adjectives, comparatives and superlative was only correct in theory. First the bank was doing fine, then its position was much finer, only to get fined in the end. Did they realise that the year 10 student in the corner, the one who did not get it, was the one person making an accurate prediction? I’ll bet you tuppence that they never realised that Mr Dunsel was an actual fortune teller.

So, why am I going in this direction?

Well, consider the article ‘RBS share sale explainer: why has Osborne started selling taxpayer’s stake at a loss?‘ (at http://www.independent.co.uk/news/business/news/rbs-share-sale-explainer-why-has-osborne-started-selling-the-taxpayers-stake-at-a-loss-10437095.html), whilst we heard that the taxpayer lost another billion, due to, I reckon you know what comes after this uncomfortable break: “RBS shares are still trading 33 per cent lower than the Labour government paid for them, which means selling them has incurred a loss for the government of around £1 billion on the first sale of 600m shares“.

As the Guardian reported last week that ‘RBS expects further fines with no let-up from regulators‘ (at http://www.theguardian.com/business/2015/jul/30/royal-bank-of-scotland-expects-further-fines-dividend-delay), we see that not only is the selling of shares costing the taxpayers a billion, the £1.3bn of charges to cover fines and compensation payouts seem to sting a little more than we bargained for. A few of the reasons why the buyback of shares will not happen until 2017, with a decent chance that more hardship will be burdened upon them payers of taxation. So when I see a quote from Sir Philip Hampton stating “The industry as a whole has got a poor track record in predicting these [provisions]. We’ve consistently under-called them”. Can anyone explain to me why the people at RBS are allowed to nag? Consider the quote “the long list of mistakes from the past continued to catch up with the bank” and compare it to the BBC article (at http://news.bbc.co.uk/2/hi/business/8392147.stm), which was from 2009 which gave us ‘RBS board could quit if government limits staff bonuses‘ with the quote “they say they have to remain competitive in the market in recruiting senior executives“, which is nice when it deals with the bonuses that go into the millions, but when we see that it is linked to years of inadequacy, mistakes, fines and prosecutions, we need to tailor a solution where some of these bankers need to be barred for life from entering the financial sector. So when we learned in February 2014 that ‘RBS pays out £588m in bonuses despite suffering £8.24bn loss‘, we need to ask a few really serious questions, now that the shares are sold at a massive loss and the total sale could result in total loss of  £15bn. I feel certain that I could do a better job, whilst not having any economic degree.

So as a large portion of the UK is in a state of hardship, the failing RBS constituency still makes over half a billion in bonuses. The aftertaste is far beyond bitter, so why get back to all these matters, which in some case is a repetition of events that had passed?

In the first, as I see it, these board members failed, the value of the company is down and as such, in sight of “We’ve consistently under-called them“, they are not due any bonuses until December 2016 and only if the value of the bank is back on par with the share value at which the government bought them. In addition, the news ‘Hedge funds make quick buck after getting wind of RBS stake sale’ from the Financial Times only adds to the bitterness of the taste of shares with pepper and salt. In my view another reason why the bonus of board members and RBS bankers should be set to £0. In addition, as Sir Philip has been around since 2009, whilst getting a not too uncomfortable £750,000. The need for not letting up on allowing the bankers any extras should be considered. So if they would like to retry their bluff of December 2009, where they stated “threatening to resign“, let them. Why does the RBS have any need for employees “consistently under-called them“, whilst at the same time fines for ‘rigging’ are banging the corporate coffers of the RBS, leading to damages that total into billions.

So when did you have a job where the company needs 45 billion from the taxpayer, they have not returned into a state of grace and they still get a 7 figure Christmas present? I never had a job like that. To change my luck, could Sir Philip kindly give me one? I need £8m over the next 3 years (for reasons of retirement). I am willing to do anything legal, including working my bud off to return the RBS to profit. From my point of view, I offer something more than the RBS board ever delivered (well, since 2009), so we can agree that my value is better than their value, ain’t it?

But this is not about me, this is also to a lesser extent not about the board members. This is about the engine behind it and the changes they are about to face. You see the sounds have been there, the rumours have almost forever been there and on the sidelines the links have been there, but what is this linking?

I am referring to the following events ‘Auditors go high-tech to win new business‘ (at http://www.ft.com/intl/cms/s/0/183cb13c-2557-11e5-bd83-71cb60e8f08c.html), where we see “Auditors have a newfound zest. Rapid developments in digital technology and new rules requiring large companies to invite bids for auditing work at least once a decade have forced accounting firms to refocus on winning new business” and ‘Accountants warn on audit market reforms‘ from last November where we see “Within the “big four” accountancy firms, market share has been shifting. EY has overtaken Deloitte as the third biggest auditor to FTSE 100 clients, behind PwC and KPMG in first and second place, respectively. This month Royal Bank of Scotland announced it had appointed EY as its auditor from 2016, ending a 14-year contract with Deloitte” (at http://www.ft.com/intl/cms/s/0/f22383ca-6410-11e4-bac8-00144feabdc0.html). This is actually more than just the shaking of the trees and the stirring of the gravy bowl. You see this is a shifting picture where the big four are now pushing for data analytics, the Wall Street Journal have been slowly filling the spaces in that regard. The headline ‘Accountants Increasingly Use Data Analysis to Catch Fraud‘ states it, but what do they state? At http://www.wsj.com/articles/accountants-increasingly-use-data-analysis-to-catch-fraud-1417804886, we see “When a team of forensic accountants began sifting through refunds issued by a national call center, something didn’t add up: There were too many fours in the data. And it was up to the accountants to figure out why“. Yes on the night of St. Nicholas the presents are handed out to all and especially the bankers, because analytics are here, the secret sauce of the needy to quench those who want to solve and hide those in the shadows. You see Benford’s Law is here and everything will be OK now! Is that so? Let’s take a look at ‘The Irrelevance of Benford’s Law for Detecting Fraud in Elections‘ (at http://www.vote.caltech.edu/sites/default/files/benford_pdf_4b97cc5b5b.pdf), where we see: “Detecting and measuring fraud is much like any criminal investigation and requires a careful gathering of all available data and evidence in conjunction with a “theory of the crime” that takes into account substantive knowledge of the election being considered, including the socio-economic and geographic correlates of voting“. This is about voting, so how does this apply? Consider the quote on page 23 “The operant clause here, though, is “in otherwise homogeneous data” since this indicator is intended to detect the heterogeneity introduced by a specific form of fraud“, now we get to those two parts, when we see “In statistics, homogeneity and its opposite, heterogeneity, arise in describing the properties of a dataset, or several datasets. They relate to the validity of the often convenient assumption that the statistical properties of any one part of an overall dataset are the same as any other part” (quick Wiki reference). So as we contemplate “the statistical properties of any one part of an overall dataset are the same as any other part“, ehhh, when has that ever been the case in keeping financial books? It is a balancing act, which means half on one side, means half on the other side (does that not prove the point?) No, because they are two sides of the same coin, double elements so to speak, so what to include, what not, the formula becomes unbalanced even further. Consider that banking is all about specifics, I will stay away from that element for a while, because the element of specifics is the issue, consider the graphs below.

Benford

 

I can tell you now that I violated loads of rules. It comes from a list of 400 movies, their revenue. So, it spans several year, 400 numbers and those are the most visible reasons why Benford does not apply. The books of Tesco have similar issues. Dozens of accounts, interactions, loads of numbers spanning a time zone, but at times those numbers are also of a small count. Could this work with a ‘grocery’ store? Consider the amount of articles at 99c and £1.99. The amount of special offers going on, day to day (Tesco example), from that, if we use EVERY transaction, we will see skewing, giving us the problem, banks have similar issues, but now more often with seriously large numbers. If we ‘Benford’ the hell out of all the commissions, will they stand the ‘fraud’ test? If not, will the bank see that cash returned, or will we suddenly see a ‘rationalisation’ of non-valid application?

 

 

This is at the heart “in otherwise homogeneous data“, which gave the Call-centre a ‘ding-dong’, yet I feel that overall numbers could have shown the issue as well. Too many issues do not hold water here, yet the end of the article gives us what matters “Benford’s Law isn’t a magic bullet. It’s only one approach. It isn’t appropriate for all data sets. And when it is a good tool for the job, it simply identifies anomalies in data, which must be explained with further investigation“, ah the common sense. That did not take long did it?

So as there are serious options for investigating Fraud, the watchers of Tesco are still not in the limelight of the press, they have been given the ‘shade’ by the press at large. In one moment we see Tesco getting replaced by DeLoitte and recently we see Santander bank replacing DeLoitte for PwC and the SFO is nowhere to be seen. So are the Elves of Statistics and the Serious ‘eff’ Ogres in a state of non-war? Perhaps the SFO is too busy and whilst those auditors give new presentations on those yummy statistics, but as I personally see it, it is basically another presentation to lull groups of people to sleep. There is a mess in front of the people and those who should look and act, seem to be too busy and many can slightly fall asleep again.

Just 6 weeks ago, the UK got the message ‘RBS, once the world’s largest bank, is using analytics technology to go back to the era of personal customer service‘, with a promise to invest £100m in data analytics technology. I personally believe in analytics, it is a great tool, but in light of many factors, unless you get the people who have been consistently under-called them a job with a competitor bank, the institution will be paying a lot by those currently not doing their job right.

That final statement can be easily proven.

In the first, if data analytics was key, those involved should have known this for well over 3 years, some in charge have been there long enough, which means that no action was taken and they should not be in a position where they remain idle.

In the second, if data analytics is not key in solving some of the matters, why are they buying it? It could be for very valid other reasons, but that does not solve the ‘under-calling’ issue, it does not solve several other issues, even though it solves some, so at best, data analytics will diminish losses, which is good, but should we not get rid of the dead weight (read significant reasons for large losses).

All this comes to blows soon enough, because if the RBS does not get its results, new articles will appear all over the place regarding ‘miscommunication’, times of deployment and infrastructure issues, in the meantime ‘managed bad news’ prevails and more waves of issues will be swept under the covers of a dark carpet. As accounts are handed over between the 4 big auditors, the sum in the end gives us that overall none of them will make any serious losses. Slightly beyond the short term it evens out for the big four, which might be the largest miscarriage of justice of all.

 

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Feeding hungry wolves

You might think that this is another attempt to quell the hunger of paparazzi, which is always a dilemma we people face (famous people more often). They want their pound of flesh and they will have it. So when I stumbles upon ‘Greece crisis: Yanis Varoufakis admits ‘contingency plan’ for euro exit‘ this morning, I knew that a roasting would be in order. The article (at http://www.theguardian.com/business/2015/jul/27/greece-crisis-yanis-varoufakis-admits-contingency-plan-for-euro-exit). So when I read “The plan was denounced by Greek opposition parties, which in recent weeks have called for Varoufakis to be put on trial for treason” I knew I was onto something, in addition there is “the scheme was “reminiscent of a bad thriller.” The main opposition New Democracy party demanded that the government “come up with convincing answers for the Greek people … so that light can be shed on this dark narrative.”“. Now you know me, I consider Yanis Varoufakis to be a bit of a rock star (not a good one) and he played the limelight wrong, but in this case I am on HIS side.

How stupid can the Greeks get?

It was the job of Yanis Varoufakis to protect the financial future of Greece, because of the mistakes by the Greeks themselves, they are in a boatload of hurt and they will be in that position for three generations, that is, as long as they keep austerity. This is not something that was started by Yanis Varoufakis or Alexis Tsipras for that matter, they mismanaged an inherited bad situation. So in light of those accusing him of treason, I call them ‘the worst bloody idiots in the history of Greece!’ They get to live with that title for both this version of Greece as well as dethroning the idiots of ancient Greece because these people have just truly outdone themselves!

And as for these people who are shouting treason, why do we not hear that in regard of the following names? Yiannos Papantoniou and Nikos Christodoulakis former ministers of Finance as well as Konstantinos Simitis and Kostas Karamanlis both former prime ministers. Did they all conveniently forget that the found mismanaged budgets which they hid from the people of Greece and Goldman Sachs was eager to help them for the money it brought them? Yes, you all forgot about them didn’t you?

Now in addition we need to mention Christoforos Sardelis, former head of Greece’s Public Debt Management Agency, when we learn from the Business Insider “the loan was so confusing that even the Greece government had trouble understanding it and thought it was much cheaper than it actually was” (at http://www.businessinsider.com.au/the-secret-goldman-sachs-greece-deal-thats-described-as-a-very-sexy-story-between-two-sinners-2012-3), so Greece, let’s call it Monkey Mountain for now, gave the keys of what they no longer owned to the ‘Top Banana’ in all this (Christoforos Sardelis), to do something none of them understood, how is that not trialed in a Greek court? So after shaking hands smiles and autographs, Greece was due payment of 600 million euros ($793 million) more than the 2.8 billion euros it borrowed.

That comes down to almost 20%! I’ve had a 50% better rate on my Credit Card!

So, when I see the accusation towards Yanis Varoufakis, which was in my view the wrong man, at least he did what he did for ideological reasons (as far as I can tell), his focus was Greece! I never stated anything to the contrary in any of my articles!

In this path, there are still a few issues that are an issue, yet, let’s not forget that this was a plan conceived in the 11th hour as the dangers were very considerable that Greece could be cast out of the Euro (even though that was technically a legal impossibility). ““We were planning to create, surreptitiously, reserve accounts attached to every tax file number, without telling anyone, just to have this system in a function under wraps,” he says, adding that he had appointed a childhood friend to help him carry out the plan. “We were ready to get the green light from the PM when the banks closed”“, I understand the logic attached to this, but in that way, it also meant that the tax dodgers would have had an escape plan, in addition, the Greek 2047 Swiss Accounts (roughly) could walk away scot free, which is not entirely on the up an up here. Yet in the bulk of it all it was the millions of Greeks Yanis tried to protect (I hope), so explain to my how this was treason? The added fact that we see ‘We were ready to get the green light from the PM’ implies that it was based on government structure, so again, how is this treason?

So when we read the Tweet Yanis gave “So, I was going to ‘hijack’ Greek citizens’ tax numbers? Impressed by my defamers’ imagination”, I would tend to agree, because a step like that is impossible without both the tax system and every bank involved to open the doors to their system. It is not imagination, in my view it is basically a technical impossibility, because that many transfers would light the European financial system up like a Christmas tree, Yanis would literally have no place to run or too, or to hide for that matter.

There is one part I disagree with. The quote “Tsipras’s left-wing Syriza party is not only divided but bears little resemblance to the one he was catapulted into office with in January”. You see, Japan only had itself to blame, Tsipras is partially accountable, yet the debt, the massive result from a decade of mismanaged debt and a mismanaged tax system that spans decades, that part was inherited, they can look at previous national rulers, spokespersons and economic managers for that.

So, let’s remove the title ‘Monkey Mountain’ (now that the Top Banana has gone to sunny, luxurious Italy) and focus on Greece! You see Greece will be in a bad place for a very long time to come, it refuses to go after those who truly pushed Greece into generations of bad times. As the Greek population will have to settle for hunger and poverty, other players like Christoforos Sardelis, who is as far as I can tell at present, living in decent luxury in Italy where he works for Banca IMI, the investment banking unit of Italy’s Intesa Sanpaolo. The Greeks are looking in all the wrong places. Hiding the debt was not done by one person, it took several officials, the swap was really stupid but not illegal (Goldman Sachs does not do illegal things, it is very clever in making other people do stupid things). The issue is not yesterday, it is today and tomorrow. Greece needs to wake up and reform a system that cannot deal with the elements of today’s economy, the fact that Greece needs 86 billion just to make it to 2017 is clear evidence of that, the fact that it takes three generations to get the debt into focus is evidence of that and it will only work if debt relief is granted. Greece is no longer able to survive in the current climate, a fact that has been known for a long time and it had to be acted upon a long time before yesterday, but it was not. In all this the Greeks are now blaming the one person who (even though wrongly) tried to get a better deal for the Greeks, who tried any option to at least try to avoid that retirees would have ended up with 1 drachma to the Euro, because that would have been the result from ejection from the Euro (if the EEC could have pulled that off legally). So yes, I have hammered on Yanis Varoufakis (and Alexis Tsipras) in my previous blogs. In this case, there is an utter failure in my view to see where he acted wrongly.

There is one additional consideration to make. There is every chance that the plan started by Yanis Varoufakis needs to stay on hand, it might need almost immediate evolution and preparation should not seize. You see Greece is and remains the tinderbox for events that have been playing for a lot longer than anyone cares to ‘remember’. We might bash on certain Greeks (names I mentioned here), but Greece was not alone. Italy had done a similar thing. Now as both France and Italy represent 5 trillion in debt and the UK close to 1.8 trillion, the current status is that both France and the UK are still in a place where they could voluntarily leave the Euro. France is the initial ‘problem’ because what has been ignored for 2 years, what I feared would come is now almost a reality. At present Marine Le Pen is sitting on close to 40% of the prospective votes for the 2017 presidency, if she wins the Mayoral election of Calais (which is presently almost a certainty) and if she can achieve any decent improvement for Calais, the reality of her making a landslide victory in 2017 would become a mere matter of fact, in that light in 2017, the Socialist Party of François Hollande will face its biggest defeat in French history, they will be ten times worse off than the UK Labour Party currently is, so good luck with that. This is important, because Marine Le Pen could entice French National pride and walk out of the Euro, which would spark a similar thing in the UK at that point. Now we see the part that impacts Greece, when those two walk, Italy will have no option left the Euro will crumble and this plan, this approach by Yanis Varoufakis, this alternative plan would be the only option left for Greece and they would not have any time to implement it. So as ideas go, his alternative was not the worst for the people of Greece and there is a reasonable chance that when the Euro fails, this plan will safe that lives of millions of Greeks. So whomever shouted ‘treason’ against Yanis Varoufakis better be aware that this person himself could end up being roasted when my predictions come to pass.

The wolves are hungry, they want their pound of flesh and those in the game will sell out anyone that no longer seems to be a player in the international economy game.

I cannot and will not support that view!

 

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The wrong presentation

The BBC treated its readers half an hour ago to a segment where the title tells all and says nothing (at http://www.bbc.com/news/world-us-canada-33646704), the title ‘Obama urges UK to stay in the European Union‘, we then get a few quotes that matter, even if they give clear voice to another direction. First there is “UK’s EU membership “gives us much greater confidence about the strength of the transatlantic union”“, then we get “the EU “made the world safer and more prosperous”” and it is followed by “the failure to pass “common sense gun safety laws” in the US was his biggest frustration“, which is nice to hear but to some extent pointless.

I wonder how he gets all these thoughts. Perhaps as I speculated in ‘Diary for a wimpy President‘ which I wrote in January 2014 (at https://lawlordtobe.com/2014/01/18/diary-for-a-wimpy-president/), there I wrote “Did anyone consider how nervous certain people in Wall Street were; if their mobile information was known? What if certain links were proven? The accountability of certain people would mean that they could actually end up in jail. Yes, the Wimpy kid in the Oval Office is making certain that certain connections will never end up there (always blame the man at the very top)“, which is a reference not just to the president, but to his advisors, those who are behind the curtain giving voice to what keeps the high and mighty, high and mighty.

So let’s take a look at the quote “UK’s EU membership gives us much greater confidence about the strength of the transatlantic union“. I would oppose that thought, you see, the US requires the EU to remain in disarray, on the edge, because a better EU means a worse US and it should have tipped over the edge two years ago, this continuation can only remain as Germany and the UK are dragged down, if it was truly just about confidence, the US would have stepped forward regarding Greece 6 months ago, but they waited it out, only as Greece was about to get expelled did the President speak up, because a collapsing Euro means a collapsed dollar. I am not contradicting myself here, there is a difference between a collapsing Euro and a weak EU, it is a tightrope game which is partially enabled by the power players of what we would regard the ‘Wall Street gang’, because if the Euro goes, so does their combined 7 trillion dollar life. Now as we consider Greece again when we see the Quote in the Guardian Live “IOBE now fears that the economy will shrink by between 2% and 2.5% in 2015, due to the damage caused to exports, tourism, business investment and consumer spending“, now compare that to the issue I raised in ‘If at first you don’t succeed!‘ (at https://lawlordtobe.com/2015/06/13/if-at-first-you-dont-succeed/), so just in one month, we went from the revelation “the forecast of Greece is 0.5% in 2015 and 2.9% in 2016, I wonder how they got to it all and if such misrepresentation should not be a cause for liability?” to what we have now. Can anyone explain how a forecast has been off by 3%, the danger to tourism was already known, so as we have to go through iteration of managed bad news, we see that there is too much ‘miscommunication’. So reader, realise this part, even with the bulk of the fact known, the forecast was wrong not by 0.3% (which could happen in really bad predicted turmoil), the forecast is off by 3%, which is a massive failing. So, as we get pushed around and as Greece goes from minus 400 billion to minus 550 billion, how could any of the so far surviving members of the EU consider remaining in something that is dragging them all down?

The UK has a few massive problems and the EU is stopping the UK from dealing with them, all this is fine for the US as it needs to stop themselves from drowning, the issues in Japan are just accelerators to all of this. And the words chosen are they not interesting too? Instead of the European Economic Union, he refers to ‘the strength of the transatlantic union‘, is that perhaps an underlying NATO reference?

Now we get to the second part “the EU “made the world safer and more prosperous”“, which is a non-truth, the fact that the EU is now well over 7 trillion in debt counters the statement of safe and prosperous, the fact that only a few got out with loads of cash implies to me that the President is catering to those few, not the 25% unemployed in Spain or in Greece, neither does he take notice trough that statement to the massively rise of people below the poverty line, but perhaps for economic tainted America they do not count, hence they are ignored.

So now we get to the last statement where the president seems to get into emotional mode and refers to “common sense gun safety laws“, yes, that sounds nice, but again, guns do not kill people, people kill people. To illustrate, the latest event gives us three quotes “Dylann Roof, the man accused of a shooting spree that left nine people dead at a historic black church in Charleston on Wednesday night, should not have been able to get a gun“, “Roof was arrested and later charged with felony possession of Suboxone” and “According to his uncle, Roof received a .45-caliber pistol from his father in April for his birthday“, so common sense went out the window, because ‘moronic daddy’ bought his junkie son a gun!

In all this there is one possible upside, with the US president making blundering whoppers like that (decently possibly due to the advisors he has), there is every chance that the coming election will give the next presidency to the Republicans, in all this, they might win by default, because what will shine is that the President waisted so much time on common gun laws that he ignored (read: did not correctly change the power of) the number one killer, which is a 18 trillion dollar debt, a budget that is non-existent and absolutely no control on the government spending.

A mere travesty of the situation when we look at the given reasons to keep the UK in the EU. In the end the people will choose what is best for them and as such merry old England will raise its voice giving direction to parliament, as it should be, that is why the power players are so afraid of monarchies, because the monarchy considers all citizens, not just those with an economic value. In all that, I wonder how he will consider France, because the UK is not the only one who has had enough of all this.

So as I see it, a pleading President came with the wrong presentation, he should take a look at his advisors and the agenda’s that they have, because as I see it, at present his last 18 months seem to be about what cannot be done and who comes next, his current track could invite the event that he gets a beautiful bouquet of flowers as he exits the White House with a thank you note from the GOP, which could be a first in US politics.

 

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London Cemetery Inc.

The Guardian is back with an interesting twist on how London is ruining its own future. The article ‘Come see London’s latest luxury housing venture – where a car space is £50,000‘ (at http://www.theguardian.com/society/2015/jul/22/come-see-londons-latest-luxury-housing-venture-where-a-car-space-is-50000).

Behold The Aykon Tower, the first step to truly remove equality to a population and push exploitation to new heights. The following quotes should raise alarms “London’s first fashion-branded tower went on sale on Tuesday – prices start at £711,000 for a studio – with each one of the 360 luxury apartments designed with the “elegance and sensuality” of Donatella Versace“, the second more disturbing is “But in yet more evidence of the city’s extraordinary property boom, visitors attending the launch of the 168m-high Aykon Tower were told that all of the Thames-facing apartments had already been snapped up in ‘pre-sales’“, I personally believe that this is incorrect. I believe that the quote should be “all of the Thames-facing apartments had already been offered to the in-crowd and those to be considered special ‘friends’“, the fact that we see the added information “Forced by planning rules to include social housing, the developers are erecting a separate, rather more squat building for housing association tenants. It will have a “poor door” – a separate entrance to the main tower – and no access to the luxury amenity floor“, now we can accept that like with a luxury liner or a plane, the first class has extra options and those travelling coach do not get those, yet, the fact that this is approached with ‘a poor door’ shows how eager London realtors seems to be pushing for class distinction. The added issue is not just what is pushed for classes it is the part “In a revealing insight into the economics of London’s residential tower-building frenzy, Hamptons reckons that buyers need only put down a 5% deposit now – around £50,000 on a typical one-bed flat – and another 20% over the next 18 months, yet they could then walk away with a profit projected at £230,000 on a £1m apartment without even stepping inside” that takes the cake, a side of growth that will benefit less than 1% of the top incomes of the UK, which amounts to a little less than 500,000 people. And this is only the first of several projects. So is this an overreaction on my side?

Consider that this market is about resale, a form of resale before the apartments have been completed, the fact that this entire setup, even though it is set for regeneration of the Nine Elms district and it is nice that the US Embassy is going to that area, but how is this helping the 99% that can never afford this? So, even as we read that 25% of this building is for social housing (minus the amenities), 90 houses does not go far, even though I will admit that 90 is a start, considering it needs well over 35,000 new social rental properties each year, this in an age where the London cost goes up almost 20% each year and the pressure of homelessness and rents blowing out of proportions and poor conditions in existing homes only pushes up pressures, giving additional illustration on how inappropriate the Aykon Tower seems to be.

In addition, the fact that this seems to be a money rush from foreigners to foreigners is added ammunition for the people of London to get truly disgruntled.

Yet the issue remains, how to solve it all? You see, as I see it London is only digging its own grave here, by allowing for London to become unaffordable, how will hospitals continue? When nurses require 3 hours travel every day in a time when they are already exhausted, how long until they find a hospital with affordable living nearby? How will shops continue when staff can no longer get to where they work? Never mind the shops closing down due to the internet. London is already unaffordable, now with the overload of foreign investors who are buying property they will never live in, that shift of living balance will deteriorate even further. You see many shops rely on more than just tourists and when the London population are wealthy foreigners just parking their ‘however begotten gains’ London will face the silence of the grave sooner rather than later.

Still, how exaggerated is this view?

Well, first off, several sources already claimed in 2013 that buying a house whilst earning less than £500k ($800k) is pretty much no longer an option. Now consider the quote “the mid-ranking banker on an income of less than £500k ($800k) – he (or she) often can’t afford to buy a house in London“, which pretty much states the issue, if even bankers can no longer get by, what remains? And that is just housing, schooling and other elements have not been considered. So as we consider the dangers for London, please keep in mind that upcoming jobs will soon not matter as those working cannot afford to pay rent at all. This means that either new jobs are paid higher from the start, or a switch pushing jobs away from London into other regions (where possible) would become the next set of nails into the Coffin named London.

When we read the additional advertisements regarding The Abbey Tower boasting a ‘fully private block with no social housing’, I wonder why these people are coming to London to begin with. Even though it was met with the comment by London Assembly member Darren Johnson on how honest it was, I do wonder if he was biting his nails on this one, even as we read that London mayor Boris Johnson has been urging to give Londoners a chance to get on the housing ladder, it seems to me that the solution offered by  DICO UK Property Holdings Ltd is to make sure that Londoners cannot even close to afford it, this in light that the studio apartment is only affordable for the top 1% of the earners and how many of those are willing to go to a studio apartment?

Which takes me to an interesting find regarding the Canary Wharf Tower, that even though it went to the local population for 50% of it, the rest went to foreign investors, which includes a fair amount of Greeks, so where did THEY get the money from? Aren’t they down half a trillion and in that light, if these places are now regarded as options for possible tax evaders, how will others react to this? The danger of London becoming a haven for parking possibly ill-gotten gains is not one we can ignore.

Consider that I have been on a decently good income, even that income will now no longer give me anything within the M25 circle, whilst I was living across the street from former Prime Minister John Howard just a few years ago. That shift is weird and scary for any person to consider, so as we consider that Life in London would be limited to the Saturday visit, how scared does parliament need to get before they realise that they are largely responsible for making the housing market unobtainable for those under 40, so as they need another solution, where will they go and once they leave what will be left?

And even though the Labour party ignored this issue for what should be regarded as ‘their powerbase’, so as the Labour party whinges “a result of the Government’s failure to build enough new homes“, yet when we look at 1997 – 2010 we see that for every 170 houses sold under Right To Buy between 1997 and 2013, only one new social home was built. Minister Stephen Williams (Liberal Democrat) stated “the number of social rented homes under Labour falling by 420,000 from 1997 to 2010“, so how surprised should Ed Miliband be that he did not get elected? Even now we see half-baked promises by the Labour party stating on their site (http://www.labourinlondon.org.uk/london_housing_crisis), which, pardon my British is a load of Bollocks (Johnny Rotten was a great English teacher). Consider the quote “We will start a massive increase in house building – to at least 200,000 homes a year“, this is nowhere near realistic. Where do they think to build them? Relabelling Anglia into Far-East London might not go over well. Considering that it makes Chelmsford Middle-Eastern London will be met with even more opposition, especially in light of the pummelling Chris Vince got by Sir Simon Burns (51% versus 19%). So as the Labour party is wondering why they were not elected, I wonder how a dose of realism will help them. Yet, this is not about just Labour, the Tories have made near equal disastrous actions in the housing department and it will take a massive realignment in off course actions to come even close to saving part of what was lost. As we see the massive profits that The Aykon Tower is making another arrangement is needed, especially as the builders know that they will make a really good living, instead of having them get away with their 75% option, giving them an option of only 10% in social housing with the added requirement of setting down at least two buildings first that are 75% affordable housing in another part of London might be an option. Still, we have to consider that as the space within the M25 is now dwindling down to zero, other options have to be considered, including the nightmare scenario of a population cap for London. That last part is not even close to realistic from my side, but consider the risk of choosing between London Partial Living Ltd. and Cemetery London Inc.

Which of the two would you choose?

 

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Spelling fraud with a ‘T’

So, after we see the events in Tesco, which has taken its billions in toll from September 2014 onwards, we now learn that Japan has its own version of Tesco, which we read in ‘Toshiba boss quits over £780m accounting scandal‘ (at http://www.theguardian.com/world/2015/jul/21/toshiba-boss-quits-hisao-tanaka-accounting-scandal).

Here it is not the meagre 263 million that Deloitte discovered would only be the tip of the Titanic sinker, in the case of Japan, it is three times the amount, which initially might beckon the question whether the fall out for Toshiba could be 9 times worse. Is it that simple?

The Guardian gives us the following “Tanaka and Sasaki knew about the profit overstatement and created a pressurised corporate culture that prompted business heads to manipulate figures to meet targets, the investigators found“, the other one is “Improper accounting at Toshiba included overstatements and booking profits early or pushing back the recording of losses or charges. Those actions often resulted in still higher targets being set for business divisions in the following period“.

These two are aimed at one side of a picture, but what some sales people will know is that this is already a disjointed part. Before I go into this, there is one more quote that needs to be mentioned. It is “Despite its shares losing almost a quarter of their value since the irregularities surfaced in April, it is still Japan’s 10th biggest company by market value. It was created by a merger in 1938 but its roots date back to 1875 and it was one of the companies that turned Japan into an industrial power“, so these irregularities have been part of something already for months, in addition, from an article one day earlier we get “The report said much of the improper accounting, stretching back to fiscal year 2008, was intentional and would have been difficult for auditors to detect“.

The last paragraph alone implies that like with Tesco, this system could not be done without massive ‘support’ from accountancy firms, moreover in all this, we have to wonder if anything will be achieved, especially as PwC (Pricewaterhouse Coopers) seems to have fallen off the view of journalists, and as we have seen no news from the SFO (Serious Fraud Office) since December 2014, we can ask in equal measure, whether the now sparkly news on Toshiba will go anywhere at all. Is it not interesting that PwC added 64 new partners three weeks ago, they get all the limelight as we read “Luke Sayers, chief executive of PwC Australia, congratulated the new partners on their appointment, praising their outstanding professional expertise“, whilst at the same time we get “IOOF has hired accounting giant PwC to review its regulatory breach reporting policy and procedures within the firm’s research division“, whilst in all this, PwC should still be regarded as the number one problem, as for a long time Tesco’s ‘issues of monetary matters‘ ended up getting overstated by well over a quarter of a billion, and so far it seems that either the SFO is nowhere, it is hushed or it seems to pussyfoot around PwC as the PwC marketing engine goes on like there was never a glitch in their seamless sky to begin with.

Now it is important that the entire PwC issue hits the UK, so a global company like PwC should not get hindered by one rotten basket, especially as they have dozens of baskets. Yet as one basket was regarded to have gone ‘rotten through’, the fact that there remains a system of silence, gives way to ask the question why PwC should be trusted at all and in that light, in the case of Toshiba, how intensely damaged the accounting business has become, you see Tesco and if we go by the words of Sheldon Ray of the Financial times we see “non-GAAP earnings per share that were more than 100 per cent higher than its GAAP numbers in the last quarter. Another reported 2 cents a share non-GAAP profit vs $1.41 per share loss under GAAP in one quarter” (at http://www.ft.com/intl/cms/s/0/f07720d4-c9b1-11e4-b2ef-00144feab7de.html#axzz3gWXJGSSF), so how deep goes all this? This grows in light when we consider ‘Richard Bove on Fannie Mae’s Accounting Irregularities‘ (at http://www.valuewalk.com/2015/07/fannie-mae-accounting/). Not a number one source, yet consider the quote “The result of their work is a conspiracy theory concerning the government takeover of Fannie Mae in which the public has been lied to concerning Fannie Mae’s financial condition in 2008 and in subsequent years“, this is linked to the work by Adam Spittler CPA, MS, and Mike Ciklin JD, MBA, MRE. Spittler is a Senior Associate at KPMG and Ciklin is an investor in a number of start-up digitally based companies, so we see that there is at least some Gravitas with these people, now add to that the information from the Washington Times (at http://www.washingtontimes.com/news/2015/mar/11/fannie-mae-recklessness-risks-future-financial-cri/), where we see ‘Mortgage giant hired unqualified auditor with conflict of interest for critical position‘ and “Nearly seven years after it was bailed out from the housing market crash, mortgage giant Fannie Mae is still engaging in behaviour that could precipitate future financial crises and taxpayer losses, a government watchdog warns in a report to be released Wednesday“, which was an article from last March. Now, the fact that this is not ‘new’ news is not the issue, what is the issue is that there is an almost Global act of blatant disregard, leaving the people the feeling that accounting seems to be set to levels of intentional misrepresenting companies for the need of bonuses and the ‘Holy Dow’. The fact that the activity against such transgressions is seemingly kept of the table in these economic times will only grow stronger unrest.

Yet, is my view correct, is it not me that is in error? Let’s face it, One in the US, one in Japan and one in UK does not a conspiracy make, it does not reflect on some non-existing criminal empire based on the quill, ink and parchment (as accounting used to go in the old days). What is an issue is how on a global scale governments seem to act or not act is matter for discussion, yet in all this external forces have been at work too, let’s face it that the US in 2008 was a place of desperation, even as it is now still on the ‘to-be-regarded-as-bankrupt’ even governments will make weird leaps when they are pushed into a corner. In my view, the fact that the bulk of global accounting is pretty much in the hands of half a dozen accounting firms remains cause for alarm and PwC is in the thick of many events. Including the 40 million property scandal surrounding Xu Jiayin last march.

Yet back we go to Japan, the land of yummy Sushi and as it seems shady bookkeeping. You see, there is no way to tell how deep Toshiba will get gutted, if Tesco is any form of indication, there will be a massive backlash, If 256 million leads to a well over 3 billion drop in value, what will it do to Toshiba? More important, with Japan so deep in debt, would it push Japan over the edge of bankruptcy? Let’s not forget that Japan hung over that Abyss a few times and the US seemed to have ‘intervened’ in favour of Japan in the past, in this case, that might not ever be an option again. For those who think that I overreact, think again. Tesco lost value factor 12. Now, we all agree that this is extremely unlikely to hit Toshiba to that degree, but what happens when stockholders walk out? Now consider that Toshiba is amongst the 10 largest Japanese companies with a global reach that equals IBM, that whilst Japan has a debt of $10 trillion, the fallout will hit Japan (again). To give view to the next part, I need to revisit a part I mentioned in the past. Let us take a look at the following example:

In week 10 a salesperson makes a sale, knowing it will not be a solution, during the next week that customer gets managed all over support and after a week, they escalate and communicate with the customer on solving it, a week after that the customer gets the apology that there is no solution, but that the customer will get a full refund, case closed.

Week 10 Sale made
Week 11  Support starts
Week 12 Escalation
Week 13 No resolution
Week 15 Refund

Now the part, the sale was made, in Week 13 no resolution, now we leave one quarter and go into the new quarter, the refund will not affect the sales person’s bonus, nor will the sales target be affected due to negative sale.

This is based on actual events, now think of the impact when this is not mere sales, but 1.2 billion in sales. Did this happen? I cannot state that all of the funds were done in that way, but consider the impact of increased sales and the people who enjoyed their bonuses from that (if that happens in Japan).

Consider the quote “blamed on management’s overzealous pursuit of profit“, which we get from the ABC article (at http://www.abc.net.au/news/2015-07-21/toshiba-top-executives-quit-over-us12-billion-scandal/6637976). Now add to that the quote “underlings could not challenge powerful bosses who were intent on boosting profits at almost any cost“, so how was the profit boosted? You see, this is not just an auditing issue, when we look at these large companies and the way that sales are arranged and forecasted, consider the events involved. To name but a few

  1. Leads
  2. Contacts (the consequence of a lead)
  3. Forecasting (the consequence of contact and the push for sale)
  4. Sales registration (Scopus, Salesforce, SAP)
  5. Accounting
  6. Reporting

Six iterations of paper and electronic trails that had to handle 1.2 billion in virtual revenue to some extent. Even if the leads cycle was avoided (by going through existing customers), there are other divisions that needed to be aware of a large non existing sale. You see, twelve hundred million dollars makes for a massive amount of monitors, laptops and other items Toshiba makes. Even over time, flags should have been raised on several levels, so when I read “The report said much of the improper accounting, which stretched back to 2008, was intentional and would have been difficult for auditors to detect“, which implies that the intentional misdirection was done over 6 iterations, which means that the group involved was a bit larger than we read in the articles at present. More important, how well did the Auditors seek in this regard? Which now takes me back to the reference I made earlier regarding “PwC added 64 new partners“, so how good are these ‘senior’ players? Making someone a partner, so that they can be misdirected by a senior partner would be equally disturbing. The fact that Toshiba falls through just like Olympus did, in a place where these events are regarded as ‘shocking’ according to investigating lawyer Koichi Ueda does not make me any less nervous. How institutionalised is overstating revenues on a global scale? You see, this is happening a lot more than many realise and even though many are not found, it does not mean it is not happening next to your own place of business. Now we get back to the issue I raised regarding Fannie Mae. The fact that it is not unrealistic that the government looked the other way here is still a fact we must consider. More important, are the two parts not mentioned in any of this. The first is linked to the issue I reported on January 30th 2013 (yes over 2 years ago at https://lawlordtobe.com/2013/01/30/time-for-another-collapse/) in my article ‘Time for another collapse‘, I questioned the way the Dow did not just recover, it did so whilst places all around us were remaining below par for a very long time after that. Now consider the following speculative theory:

What if places like Fannie Mae used the ‘leave one in’ approach. So there were mortgage packages and derivatives. So, we have four properties that are doing fine and we add one worthless one to the mix. The package deal as the salesperson states. So the buyer ends up with a ‘value’ and whilst one part is ‘given’ without value, that person has a good deal, now consider that this one place is no longer a lost place, it is no longer a write off. Over time the market would recover with less losses, so is this truly an action that is virtually impossible? Moreover, if such a thing truly happens, would it be fraud? How could an auditor ever find the event in the first place?

This now links back to Toshiba, not just in how you push up 1.2 billion, but how to get it passing the view of a ton of auditors. In the case of Tesco, I personally considered the involvement of PwC from the first moment the news came out, there it was a less murky place because as supermarket chain their product goes to Joe and Jolene Public. That is not the case with Toshiba. Not only are they global, but with a power plant division (including the one that makes you grow in the dark) as well as medical equipment (likely needed for previous mentioned division), Toshiba deals with consumers, corporations and governments, which on one side requires a lot more administration, but that administration would have the ability to go murky on an exponential level, which gives added value to the claim “difficult for auditors to detect” yet that gives option to two parts, is there a questionable level of administration, or are we confronted that the auditing partner in this case was a 28 year old recently promoted individual who now gets his/her first real large account?

Why these statements?

You see in all this, on a global scale, the law has failed. It fails because the rewards are just too good to pass up for those playing that game, the chance to get away with it and the option to keep at least a decent part of these earnings safe makes the option to do this again and again almost a certainty. The law has no bite and the corporations involved are too powerful to get smitten down, so this avenue will continue for a long time to come. In addition to this we ask what else is affected and why is there a tendency from the press to not keep these matters a lot more visible? Consider how much the Guardian and others reported in 2014, if you now Google ‘PwC Fraud SFO Tesco‘ we get nothing after December 22nd, what a Christmas present that is! What is funny that one other part showed up, which is Keith McCarthy, now director at PwC London, who was Chief Investigator with the UK Serious Fraud Office before that, so would it be mere speculation that the best way to avoid prison is to hire the police officer so you know where they will be looking? #JustAsking

I am only asking!

Anyway, with a wish for a better lifestyle, I will consider helping Toshiba to retrench their IP and Patents for a mere 0.4% of the value, now if I could only persuade my Law Professor to help me out, 0.3% for her and 0.1% for me, I should end up with enough to buy http://www.cooperbrouard.com/St-Peter-Port/Ridge-House-property/3835453 and retire in a relaxing way!

I agree that I could do better, but then I was never a greedy person, which is a failing the Toshiba executive clearly lacked.

 

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Are stockbrokers clueless here?

My twitter account tweeted a tweet only minutes ago that gave me pause to take a look. It is an article from Gamespot (at http://www.gamespot.com/articles/activision-stock-joins-ea-in-hitting-all-time-high/1100-6428993/), which is actually 2 days old. The title ‘Activision Stock Joins EA in Hitting All-Time High‘ was reason for the first giggle, then I decided to take a deeper look at the quotes. The result?

Well, judge for yourself!

First off we get “The video game publishing giant’s share price reached an all-time high recently of just above $26 a share–and some experts are optimistic about the company’s potential to grow even further“, which is funny in its own right, where ‘some experts‘ is a link to www.zacks.com. Now, as I see it, the fact that they rely on how Activision/Blizzard is such a success as they state it “Call of Duty, Warcraft, Diablo, and Guitar Hero franchises“, which gets an added “Along with its Zacks Rank #2 (Buy) and an expected EPS Growth Rate of 7.47%, there are three important factors to know when considering investing in Activision Blizzard” the site goes on mentioning a few titbits, which are all true, yet the foundation of the issue is one they skated around, why? It can be that they have no real sight on video games, or because they have other reasons. I have no idea what the other reasons are, yet in my view, their first tactical error is: “For the quarter ended March 31, 2015, Activision Blizzard’s GAAP net revenues were $1.28 billion, as compared with $1.11 billion for the first quarter of 2014” the second one is “Activision Blizzard’s earnings per share in 2014 was $1.42, again representing an all-time high of over 50% growth year to year“.

Before I start explaining this, let’s go back to the original article for a moment.

The next quote is “Activision has a number of projects currently in the development that investors may be looking forward to. These include Destiny’s Taken King expansion (September), Skylanders: Superchargers (September), and Call of Duty: Black Ops III (November)“. It is important to see what is up and coming, as such we see a field of particular possibilities, which gets the final added quote “the company will report earnings for its latest financial quarter on August 4th“.

So why is all this an issue?

First off, this is about stock joining EA, whilst the article is deadly numb on anything Electronic Arts in this field, which is odd to say the least.

Now for my other part, you see, investing in game stock is often massively risky, the part that these research companies fail to realise is that the value of these places are directly depending on the next upcoming failure! That has forever been the case with gaming companies, you see there is a reason why Ubisoft PC sales were down 90% in 2011 and I can tell you for certain that software piracy was NOT the cause of that!

So why did I find this all hilarious? In the end whatever a person wants to sink their money in, it is all fine by me. Now for the backdrop in all this, because so far, my reasoning could be regarded as an emotional one, which is really bad when it comes to shares.

No one will deny that Blizzard is a place of success, I am still addicted to Diablo 3 (as I was to versions one and two), yet Blizzard is still getting over the loss of Titan, a success that would never come to truth, which in the scheme of things is not the deadliest issue, especially as World of Warcraft is still grossing a billion a year, so Blizzard has many moments of success. However, stability is not a sexy thing in the market and Blizzard requires growth to pull this off, even though there are clear and reliable rumours of another DLC for Diablo 3, which would be, if we go by reaper of souls an essential and absolute must for any Diablo fan, it would not be enough for Blizzard to propel forward to the degree it needs to (personal view), in the end Blizzard is a fine company, with a solid income, yet as I see it, the massive sales drive needed (growth of customer base) is not one that Blizzard has, it has a faithful and loyal customer base (I am one of them), yet in my case, it is set to a game I have had for well over a year with no new spending in that time.

Now let’s take a look at Activision, first the good stuff, there is no denying that Skylanders was a brilliant idea, not particularly for me, but it is making kids spend, and spend and spend (or at least their parents), these figurines are not cheap. A well thought through business model. Destiny is another matter, this game is an MMO and a FPS, which is nothing short of a hybrid game and even though I am not a fan, the game looks good on the systems, but like all games of this nature, it has a problem and a handicap. This is nothing personal, you see, whatever good it is, it is money that has been spent. In one way Destiny is a huge success, the cost to make it was half a billion, yet this game made over 1 billion, so that is definitely a win. Now Destiny joins the ranks of requiring DLC moments, and here is the first hiccup. The drive and ‘choices’ in ‘The Taken King‘ expansion, has been all over the net and the day one gamers are not happy! The new full version with DLC will come with items available only in the Collector’s Edition mean that players only chance to get those items requires them to re-purchase a game and DLC they already own, which is not a good moment, so the new players will get rare weapons and items that seasoned players will not be able to get their hands on, the playing field will now be slightly uneven, it also makes for a game where players have a case of the ‘envy’ which also does no good, you see envy bites in a gamer, until he is too pissed off to play, which is deadly to Bungie to say the least. In addition, like with blizzard, revenue will come in, yet not in the large masses it did come in, so these players need to also rely on new IP and new games to grow its customer base. In addition, when we see a review like ‘Final verdict on most expensive video game ever made is a disappointing lack of ambition’, which we can question as it is only a single view, but MMO’s have fans and loathers, there is no in-between here. I am to some extent a loather, in this my reasoning is that these games at some point get hacked and the people go in overcharged destroying a perfectly good game, in addition, you need a decent player base with gamers that play like gamers, I do not mean their skill levels, but I mean that a certain level of courtesy is expected of your fellow fight mates, that at times is just not happening, souring the experience. It is also important that these bad moments are often just moments, not constant occurring events, in addition, many MMO games are often too unforgiving to new players, in some cases players who are experiencing their first 10 minutes in a game like Destiny, I have found in the past that MMO games do not once, not ever correctly tailor to those players, which puts them off. Someone gave this as a con to Destiny “Repetitive enemies, non-existent set pieces, and terrible bosses. No new ideas and overly simplistic role-playing and customisation elements“, I do not disagree here (from what I have played) but there is one side that is not part of that ‘con’ A game that tailors to thousands of players needs a stable setting, which cannot survive on terrible bosses and simplicity, what cannot (and as far as I can state) has not ever been confirmed is how the game plays after a while, you see, these games need to rely that a person once he/she pushes past level 13 is still eager to play, repetition is a killer here, not at level 4, 5 or 6. That will impact longevity, a side the stockbrokers do not seem to understand as that part of the game will not fit into a spreadsheet.

Now we get to the EA side of things, yes, there is no denying that their list is good. First we get the sports games (NHL, FIFA, NBA and NFL) and there will be Star Wars Battlefront. Now the bad part, so far EA Sports will always need patches and if the previous games are anything to go by it will not be that bad. In addition, sports games have a loyal following so unless their QA department screws up, we have 4 seemingly decent going games, however Star Wars Battlefront (SWB) is another matter, no matter how it looks now, there will be issues all over the board when the population at large goes into it, it is a mere statement of fact. An open system with so many fans will optionally truly drain the internet, so as EA overcomes the first issues, it will be an important setting, because Destiny and other MMO’s (real Elder Scrolls) have made many gamers a little hesitant to go day one (except for the limited edition fans), so that first hiccup will determine how wave two will react and that will result in slacking sales, in addition, upcoming Q1 2016 games will possibly see delays and the true kicker (Mass Effect Andromeda) is not out until the end of 2016, that is if there are no development hiccups. So in all this we have a stable setting from both, yet in my view, stability does not give rise to exploding share prices and the fact that EA doubled in a year might sound nice, but that was the result of new Nextgen consoles with a population making a mandatory purchase as there were almost no choices in games, now a year later that market shifted and the true anticipated upcoming games only have SWB on its list, the rest of the desired Nextgen games are all indie developers with none of them linked to either Electronic Arts or Blizzard/Activision.

In addition, the latest ‘remaster’ joke comes from Activision, The Prototype bundle, which I was initially looking forward to is now already regarded as the worst remastering ever. A frame rate that seems to go no higher than 30, blurry graphics at times, what was original is now a game not to take seriously (either of the two games). So Activision end up with two titles on Nextgen that look worse than it did on the original consoles, who is that for a non-achievement, that failing will also impact the non-revenue side. Kotaku shows it best at (http://kotaku.com/the-prototype-bundle-for-ps4-and-xbox-one-is-pretty-sho-1718779050), especially when the Xbox 360 has a framerate of 26, whilst the Xbox One has a framerate of 24. The average gamer can immediately see the flaw here, so why release a game that below acceptable default? It also implies that when a software house goes to this length to hope for revenue, we see a side that many gamers fear, the remake of a decent game that becomes a far below average result. It tend to make them shift focus to other titles, titles that are not from that software house.

From these point, I can now state the opposite of Zack’s reason to buy, which is from a gamer’s point of view, perhaps the shareholders will see it differently (as they focus on spreadsheets) when they look at returns, so when the next set of games fall short of quality, are returns still a guarantee? Again, my emotional side does not trust the setting here and I would personally prefer to sink $100 for shares on Frontier Development or Hello games based on their beta’s then on some of the final versions that either Activision or Electronic Arts has to offer. Yes we gamers are an emotional lot perhaps that will be part of what some might regard as ‘my failed view’ here, which would be fair enough.

 

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A political minefield

If there is one place where politics have bungled the ball on near titanic proportions, than it would be healthcare. The UK with the NHS issues, Australia with Medicare, the Netherlands with Gezondsheidszorg and the less we say about Obamacare, the better it is for all of us. They all made massive errors which changed the game for any nation that needs to take care of healthcare.

The UK has had its own issues for some time, yet now we see a new event coming up. Let’s take a look at ‘Cancer diagnosis ‘within four weeks’ under new care plan‘ (at http://www.bbc.com/news/health-33574233). First off, it is a good article by Nick Triggle, he looks at it from a decent viewpoint, but is there an issue?

The first part is “The five-year plan will cost £400m a year but experts say earlier treatment will result in similar savings. They say the plan could help an extra 30,000 patients survive for 10 years“, so basically there is no additional cost, which sounds good, let’s face it, in the increasing pull of funds, breaking even over the next 5 years does sound awesome, the people get to live up to another decade, which is just a bonus.

My initial issue is with the quote “Harpal Kumar, chief executive of Cancer Research UK and chairman of NHS England’s task force, said the changes could help create a “world class” service over the coming years“, the term ‘world class‘ seems a little out of bounds and that also sets the tone, let me go on so that it will all make sense.

The second quote is “We have an opportunity to save many thousands of lives from cancer“, which in light of all this does not make sense, especially when we see “But Mr Kumar believes another 30,000 people a year could end up surviving that long once the changes have been put in place – a third of them simply through diagnosing the disease earlier

I admit that I am splitting hairs, because giving them an additional 10 years is not saving a life, it is prolonging it. Apart from that, is there an objection? You see, healthcare is about keeping people healthy (and saving lives whenever possible) so there is no real objection is there? Giving a person up to 10 years more is a noble goal, especially when 130,000 people die each year, letting them enjoy life a little longer is not wrong at all. So why am I looking at this article?

For that we need to look at the steps. These 7 steps is what brought the light in

  • The creation of a four-week target for diagnosis from GP referral. Currently patients are meant to see a specialist within two weeks of a GP referral but can then face weeks of waiting for tests, meaning a growing number of patients do not get their treatment started within 62 days as they should
  • An 80% increase in the number of tests being carried out, including increasing the ability of GPs to order tests directly – for many they have to go through a hospital specialist
  • Replacing more than 100 radiotherapy machines – half of England’s stock – with new, better models
  • Recruiting extra staff in areas such as specialist nurses and radiologists, with the latter needing to nearly double in number
  • Cancer patients to get online access to all their test results and a specialist nurse or other key worker to co-ordinate their care
  • A call for action on smoking and obesity – four in 10 cancers could be prevented through lifestyle improvements
  • All cancer survivors to be given a recovery package so they get the support they need to recover from their treatment and stay cancer-free

The first premise is shown in dots 3 and 4. Replacing 100 radio therapy machines with newer ones and recruiting extra staff (especially radiologists). The fact that the article implies that there are 200 radiotherapy machines is equally disturbing. You see, 280,000 diagnosed people implies 4 people a day and that is if every machine is properly managed, monitored and staffed. The issue is not complete and facts are missing.

For this we take a look at breast cancer. The site Jezebel had an interesting article linking to all this. ‘Can You Be Diagnosed With Breast Cancer In Just One Day?‘ (at http://jezebel.com/5865123/can-you-be-diagnosed-with-breast-cancer-in-just-one-day), where we read “I wrote to Dr. Karla Kerlikowske, professor of medicine and epidemiology/biostatistics at USCF’s Helen Diller Family Comprehensive Cancer Center. She explained: Mammograms can identify a site likely to be cancer, but it requires taking a sample of breast tissue and looking at it under a microscope to know a person has breast cancer. Rarely, less than 1% of the time a radiologist can look at a mammogram and based on the mammogram know a woman has breast cancer, even then it requires a tissue diagnosis for confirmation“. This seems to be a universal truth. In (as I see it) nearly all forms of cancer, confirmation is needed), which is part of the entire issue.

This does not change one essential truth “simply through diagnosing the disease earlier“, that is again a universal truth, so even for that mere fact this project should go on. The issue is not with the idea, or the plan or what we read, but by what we are not reading here.

Part 5 is the first real kicker, giving online to test results is a dangerous step, often cancer will hit the elderly, who do not comprehend the need for proper approach to common cyber sense and as such too many medical details will ends up in the open air, a place where medical details should not be allowed. Now, issue number 2 is one that can be handled, there is no reason why not to do this, yet we must acknowledge that specialists are there for a reason, as such, we can accept that GP’s could call for the test yet, here is also the danger that a GP will act under the ‘better be safe than sorry premise‘ which will now give the situation that 80% more tests are being made, yet it will also include the stronger increase of false alarm results, even under an issue of the best intentions. A mere consequence of people doing the best possible for the patient, an anticipated side effect of ‘world class cancer care‘. I do not object to these parts (or fight the approach here), but it calls into question the given budget already from this point on. So what is expected to be £400m a year, could end up being £520m a year. In addition to issue 4 where we see the need for specialist nurses and radiologists, there will also be the need for additional technicians and re-schooling of technicians and upgrading other peripheral devices. It is possible that these parts had been added to the cart of costs, yet the fact that they are not mentioned, the fact that some parts might not have been looked at yet makes the anticipated £400m a year incorrect and dangerous. The Labour party made a 12 billion IT fiasco, let’s not add to that, shall we?

You see, the cancer confirmation part is not always possible on the spot. So when we accept that ‘Most incisional and excisional biopsies are performed by surgeons‘, we see that additional costs and additional resources will be required. This means that there will be additional pressure on surgeons, was that factored in? You see, there is already a massive backlog. The Guardian reported on July 4th 2014 in the article ‘NHS patients waiting longer for routine operations under coalition‘ (at http://www.theguardian.com/society/2014/jul/04/nhs-patients-waiting-longer-for-routine-operations-under-coalition), that delays had been reported of up to 215 days.

So the entire ‘speed need’ in cancer diagnoses is going to take another matter of growth entirely.

So as I give you these facts and the thoughts around this, you might get a first idea what was wrong with the article by Nick Triggle. I am an ample Medici, but I never studied medicine and it took me roughly 17 seconds to get my question marks up, so why did Nick Triggle not voice these concerns?

The quote by Dr Maureen Baker, of the Royal College of GPs, who welcomed the plans was “The system is already overloaded and we must ensure that there is sufficient imaging and specialist capacity to cope with the increased number of referrals before promises are made to patients that cannot be delivered“. Yet her quote is equally incomplete. I would have expected the quote to be “The system is already overloaded and radiology is only one step in determining the path for a cancer patient. We must ensure that there is growth in several ways in several divisions of hospitals to cope with the increased number of referrals before promises are made to patients that cannot be delivered“, which would have been more correct and as lacking as the quote seems to be from my point of view, I personally would acknowledge that the BBC article could have been used to emphasize on how much work the NHS needs and how much more needs to be done.

None of that can be seen in the article.

It seems to be that the response from Lynda Thomas, chief executive at Macmillan Cancer Support is more on point. Even though it is ambitious, she states “This report has to be more than a set of recommendations on paper. It has to inspire action and lead to meaningful improvements for the lives of people with cancer“. I think that she is playing the game carefully as she wants to get whatever she can for people with cancer, yet the though in my mind is (based on the BBC article) that I would have phrased “This report has to be more than just a set of incomplete recommendations on paper“. That will lead to questions and that will lead to proper dimensioning of a massive problem. I agree that this needs to be done, but without the fact that the pressure for surgeons is already beyond believe (not just in the UK), not addressing this part will lead to another fiasco for NHS, which is what we need to avoid at all costs.

So we are facing a political minefield, one that Labour did not survive, I hope that the conservatives and especially the Rt Hon Jeremy Hunt MP takes more than just a few additional looks at it. And even though he might dread sitting down with a collection of ‘funny and entertaining people’ (like hospital administrators), he will do so and get a proper scope of what will be impacted, because spending another 2 billion only to learn that the term ‘similar savings‘ will never be an option is one he must be willing to accept having to deal with.

There is nothing against spending it on treatment and diagnoses of cancer patients, I just want to make certain that they do not end up becoming the group who ends up with the short straw, a draw they never got a choice in voted for.

 

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Wackadoo for a game

The E3 is done, the 2015 San Diego Comic Con is on and I am missing out on all of it this year. Whether it is addiction, compulsion or enslavement. It might be the last one, yet my feelings for Elite: Dangerous are no less than the same feeling I had when I had when the original  on the Commodore 64 was released in 1985. There was one shop who had it on the first day, which meant a 4 hour train ride, two hours there, and two hours nail biting trip back. Yes, it was one hell of a day, but the result was exceeding expectations, the game would be my number one game to play for a very very long time, all because a friend showed it to me on his BBC Micro B one year earlier (1984).

Enslavement is what I have in common with Greece on several levels. Like Greece, I did this to myself, whether my DNA made me desire this videogame more than sex or whether it is just the animation of pretty pictures that move because of my interaction does not matter, it was all me! Now it is so simple to blame David Braben (like calling him ‘Jerry’), but it is me, only me and I very much realize that.

It seems that the press and many others (like Greek Politicians) cannot see that. So I feel miffed when I see ‘The euro ‘family’ has shown it is capable of real cruelty‘ (at http://www.theguardian.com/commentisfree/2015/jul/13/euro-family-angela-merkel-greek-bailout) by Suzanne Moore. In January 30th 2013, I wrote ‘Time for another collapse‘ (at https://lawlordtobe.com/2013/01/30/time-for-another-collapse/). In there I stated “Greece is fighting just about everything from no longer payable debts and unemployment figures to phantoms of their past“, in February 2013 in ‘The Italian menace?‘ I wrote “Politicians are also to blame. For that I would like to mention papers like “Investing in Greece: an Olympic opportunity”. It came from Costas Bakouris in 2001. The thoughts were all fair enough. However, how much came to happen? How much money did come in?” This list goes on and on, I reported on it well over two years ago, no one truly dug into these matters and everyone seems to live by the credo: ‘if Goldman Sachs can hide it and the press does not report on it, it does not exist‘.

Now, the Greek people will get a harsh dose of the consequences of not holding its politicians to account.

Than 22nd January 2014 ‘Cooking the Books?‘ (at https://lawlordtobe.com/2014/01/22/cooking-the-books/), where the quote by Business Week “Europe’s having a bond rally and the PIGS are playing host. Portugal, Ireland, Spain—and even Greece, where Europe’s debt crisis began—are heading back to the bond markets and enjoying their lowest borrowing costs in years, as investors appear reassured that the region’s sickest economies are on the mend” is centre in all this, the part ‘investors appear reassured that the region’s sickest economies are on the mend‘ is the delusion to outrank all other delusions. In all this there is a link of power players promoting one another through unnamed sources. Greece should have known better! And in all this, as I stated before, these power players will sell Greece down the river in a heartbeat, because the fallout of Italy and France would be massively worse (10 times worse). All what we see now is the direct consequence of inaction, inaction for 3 Greek administrations and especially these last 6 months when the Greeks gave faith to what I regard to be a rock star (Varoufakis) and a paper tiger (Tsipras), all this, a mere consequence of inaction.

Was all this inevitable? Yes, personally I believe so, even though I believe that Antonis Samaras was on the right path, yet overall, that path was just prolonging a bad situation that had no long term future path.

In all this the Press is equally to blame, in conjunction with economic forecasters, power players and political whatever you want to call them. They were all about demonising ‘austerity’, it was all about how bad austerity is. The plain, bland and bitter truth is that austerity is nothing more than keeping a proper budget, yet several of the previous parties are ALL ABOUT SPENDING! Which is delusional! Just like I cannot speed up the release of Elite: Dangerous or No Man’s Sky, they cannot write away debts, there will be a consequence.

So when I read “Alexis Tsipras has fought tooth and nail for something resembling the debt restructuring that even the International Monetary Fund acknowledges is needed. The incompetence of a succession of Greek governments and tax evasion within Greece is not in doubt. But the creditors of the euro family knew this as they upped their loans, and must now delude themselves that everything they have done has been for the best” which is nicely written Miss Moore, but the following parts remain an issue “something resembling the debt restructuring” is not even close to a reality unless you keep your spending in order, which has not been done for decades.

It is her last paragraph that bothers me the most “The euro family has been exposed as a loan sharking conglomerate that cares nothing for democracy. This family is abusive. This “bailout”, which will be sold as being a cruel-to-be-kind deal is nothing of the sort. It is simply being cruel to be cruel“, in all this governments are to blame, in all this the press took a back seat to ignore what needed to be done, keep a proper budget, in all this close to ALL EEC nations failed. You see debt, even governmental one needs to be paid back, that part has been ignored for too long. The EEC now has an accumulated debt that is closing in on the size of the US debt. It almost looks like a plan by the banks in global charge to equalise all debts making them in charge of everything. Is that such a large leap? You see the debt only seems to go down in Malta, Czech Republic and Belgium. Belgium is essential because its debt is already too large, but at least they are making a positive change, only them and no one seems bothered about this. As per today they are all bothered with the upcoming consequences, now as Greece has seemingly pulled the bunny out of the hat, we will see changes of another nature, because Marine Le Pen will not let the momentum she can gain from this unanswered issue and as France is down 2.6 trillion, she will now emphasize on the benefit of moving away from the EEC, which heralds future for France, the French product and the all-round future of France. Is she right? I cannot tell as there are a few too many unknown factors here, but beyond Suzanne Moore there is more to see.

For that we need to look at gung-ho go-getter Helena Smith of the Guardian, who writes “It will take years – decades perhaps – for Greeks to get over this crisis. Catastrophe may have been averted, but it comes at the expense of conscious national failure: an overriding recognition that the state formed after the fall of military rule provided 40 years of peace and stability, but has ended in extraordinary ignominy. The promise of unending progress did not occur. Of all the truths that Greeks must now confront, that will be the hardest“, personally she writes well, but the truth is (as I see it), that the Greek issue will take generations, likely 3 of them to get it all under true control, in all this the deadly issue was not changing when it was possible. A hard-line change in 2005 would have made all the difference, now we get the added pain of a decade of spills whilst the economy is down further and more people are unemployed, all factors changing the game.

Helena writes “In return for a third bailout – this time staggered over three years and amounting to €53bn – Greeks essentially have been told to walk through the valley of the shadow of death. And that is the good scenario. The alternative – Grexit – would have bypassed purgatory but taken crisis train passengers straight to hell“, even that is not completely on par. Yes Helena is correct, but what she (validly) abstains from, is the part that is depicted by ‘the valley of the shadow of death‘ is a road of reformation of administrative law, criminal law, taxation law and taxation regulation. In addition there will be pension reformation and consumer taxation. If any of these matters are not initially resolved in 18 months, with this I mean proper reformation design from day 1 (tomorrow), not a collection of empty meetings with governmental paid lunches and dinners.

It will take long working weeks (50 hours plus) to make this happen in 18 months and that draft will be decent enough to truly change the tides. If any of these changes are not done by then (so even if they get all but one done), than the Greeks will only have hell to look forward to, the Purgatory station will not be an option at that point. Changes that if Syriza had seriously started talking and started on changing them, the last week would never have happened. In all this there is one other advice the Greeks need to take home, no matter how proud they are, their survival will now depend on changing their family structure.

Let me explain, as time is now too short for those who have an option, the Greeks have one option left to survive (if at all). Consider a family with grandparents, parents and children. We call them iteration 1, 2 and 3. They need to sit down and see where the lowest debt is. If at all possible, make to all debts the minimum payments then, take every coin they have left and place that on the lowest debt. Do not hide behind pride and time and just pay them all. Get rid of them one by one as fast as possible. Banks will all state that this will not work, but they need these people all enslaved. Create safety by removing the first debt, then the second and so on. As the debts fall away, so does the interest, Greeks need to make momentum and the banks are ALL about longevity. They will twist, spin and make all kinds of brazen projections, but Greece will be in a bad place well beyond 2020. So the Greek people, if possible need to move away from all debt, after that, whomever has shed the debt, they can move forward, they can acquire and grow.

In all this, it will be another Greece, one that has a retirement system which can no longer work in the previous path, there will be a Consumer tax setting that will up the cost of living and the health care system in Greece will remain a matter of nightmares, possible it can only be accessed through the purgatory station the Greeks hopefully avoided, but in all this, taxation laws will have to change at first light, it will also mean that the very wealthy Greeks will move to another place, not unlike Gerard Depardieu. There is no telling where they will end if they want to avoid taxation of that what they avoided for so long and it is equally wrong to speculate how much taxation is due, I lack the pure data on that. What is cause to all is the dire need for the Greeks (and many EEC politicians) to stop spending money they did not have and money they were unlikely to receive. all this is centre to the fall of Greece and it is not over yet because even though Greece when over the edge, France and Italy are right there with Greece (which is why they were so opposed to Grexit) and with these two we face a 5 trillion Euro tumble, 10 times the debt of Greece.

So are we wackadoo for a video game, are we going wackadoo for the game of economics or are we just wackadoo for a totalitarian enabling of banks through debt?

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This planet has been drained!

That was the voice in my head, as I was reading the article ‘Lab-grown leather is coming, but is the industry ready for it?‘ (at http://www.theguardian.com/sustainable-business/2015/jul/10/lab-grown-leather-modern-meadow-ceh-suzanne-lee). The voice in my head is from a forgotten gem called ‘Conquest: Frontier Wars‘ by UBI soft. It is an amazing game (but that is not what this is about), in the game, when you have mined all the resources and the planetary resources have gone to 0, you can hear the Caleron AI state ‘This planet has been drained’. So what does that have to do with growing leather?

Consider the, what I would personally regard as an incorrect quote: “the supply of leather is dwindling as fewer people eat meat, with the US cattle population dropping by 32% in the last few decades“. I feel fairly certain that the amount of people of a carnivorous nature has not dwindled down, the mere fact is that fewer and fewer people can afford a decent steak (or lamb chop for that matter). That does not dwindle stocks, there is more in play than just the mere numbers of cattle (but that is a discussion for another time).

You see, the quote that matters is “As the supply of cow hides declines, could a lab-grown alternative fill the supply gap?“, it is shown under a photo of two men going through mountains of leather. The article is an interesting read and my contemplations started in earnest when I read “The Company is experimenting with cultured animal cells and tissues to create an alternative biomaterial to traditional leather. This lab-grown leather could offer a more sustainable alternative and even a possible long-term bridge for the gap in supply and demand“. Now on the premise it seems interesting, a grown form of leather, which means that cattle need not be slaughtered for the mere need of their hides. A new substance that could imbue fashion, accessories and other leather items for whatever reason.

Yet, in there I also see a clear danger that the article does not dwell upon. Perhaps it is as I am not talking on the numbers of cattle, Stephanie Hepburn might focus on the emerging market and just look at that part, which is fair enough. Yet the dangers of this new market would potentially be staggering and as such, how relaxed should we get?

Now, I am not really considering “materials made from leather waste – as leather. That could make it a harder sell for alternative materials claiming to be leather” from UK Leather Federation director Kerry Senior. He makes a fair point as spokesperson of the leather federation. I would stand on his side as I have had my fill with junk shoes from Australia, claiming it to be a leather shoe, only to learn that they usually survive no more than 4 months. So, that part I get. That still does not invalidate the path that some are walking on, the dangers that they would possibly introduce are many times more truly dangerous. Bad shoes are not dangerous, they are a mere irritation.

No, the first danger is seen in this quote “Ben Wurgaft, a historian based at MIT who is writing a book about laboratory-grown meat, applauds Modern Meadow’s ambitions but says that, given the speed at which fashion changes, the company’s success depends on whether it can scale up quickly“. It is not the applauding that matters, it is ‘whether it can scale up quickly‘ which could end up being the killer. Now let’s be clear, there is no immediate danger. That part we get from “Lee admits that the company still has a long way to go in terms of research and development, producing the leather, and being able to provide product samples“, which means it is still in research and there is no given timeline when the danger comes to town.

The final paragraph gives us a clear indication that the dangers are of a future nature, which is stated through “Even if the technology has advanced since he last saw samples and even if it could be usable as an alternative to leather, Senior doesn’t think it will be made in sufficient quantity or at a cost to be a viable option for most brands. It is interesting work, and the technology that is being developed could very well be the future for many products, Senior says. He adds, though: “I suspect it will be a distant future.”

So we know that even though there is a danger, there is no immediate one. Yet, what danger is there? For that part of the equation we need to look at the academic paper (at http://pub.epsilon.slu.se/1170/1/Avhandling_nr_070.2006_Tryckfil.pdf). It is titled ‘Recycled Biowaste as a Source of Infection‘, which is a 2006 PhD paper by Leena Sahlström. If the title was not unsettling, then consider the abstract which gives us “Biowaste and sewage sludge can be used as a fertiliser and soil amendment in agriculture. However if not treated efficiently before use, such products can contain microbial pathogens that pose a health risk for humans and animals“.

Here we get the first light onto the dangers we are about to expose ourselves to. You see, growing leather is one thing, which remains a lesser noble cause. Yet, the danger can be perceived in ‘whether it can scale up quickly‘, the moment this milestone is reached and True Grown Leather becomes a part of our lives, we will see an exploding need for this product, especially as we are looking at a market that might be no sooner than a decade away. What will you think will happen when the option is there? The industry will be all about upscaling product for maximised revenue and quicker return on investment, which is also a fact, because the ROI will take centre stage for producers. This also means that tweaking the process of production will be a very first issue, which will give us additional worries.

Now we add the second part from the abstract “vancomycin resistant enterococci (VRE) were frequently isolated from sewage sludge. PFGE and PhenePlate analyses showed that both VRE and Salmonella spp. were capable of persisting for some months and up to two years, respectively, in the sewage sludge. Thus sewage sludge may act as a reservoir of Salmonella spp., VRE and other pathogens“, which now implies that Biowaste could become at the core a sustaining factor for Salmonella and other pathogens is the danger that remains pushed into the shadows.

Because we have seen decades of evidence where mass production will take precedence over health and safety. For that you need look no further than the nearest Bangladeshi sweatshop, and that is just for T-Shirts, what do you think will happen when bio waste enters those premises? I know we need to shed 80% of the planets population, but can we all agree that a more humane solution needs to be found?

Still, the dangers are coming and to some extent they are already here, the additional growth from new emerging ‘solutions’ to what I perceive to be an ego based need is seen in “Antimicrobial resistant bacteria are clonally spread but a further dimension to the growing problem is horizontal gene transfer, where resistance genes may be transferred between bacteria of the same species or to other bacterial species or genera (Klare et al., 2003)“, so are we move away from the Samsonite Aluminium or the canvas duffel bag, as we look so much more ‘travelled’ with a leather duffel bag and backpack, we are pushing for a solution that gives us more and more antimicrobial resistant bacteria, yes, and we really truly need additional antimicrobial resistant bacteria in our life (add sarcastic undertone for dramatic effect).

It is that danger we see growing, not growing in the future, already growing now, which means that other bioware mass produced products will just push the events of danger forward, faster and towards more deadly niche events.  So, if  you read a new article next week regarding safely cleaning biowaste, remember that the academic paper I refer to is already 9 years old and so far, the countering of these dangers have been substandard. How active do you think Bangladesh, Pakistan, Myanmar and China are in countering biowaste? That is the additional question, because Biowaste has the ability to survive for a very long time, whilst the infusion of more biowaste is going on, on a daily basis. So how does this translate to dangers?

You might consider that there is no danger where you are, if that is your mindset, then consider the following part from the paper of Leena Sahlström on page 19 “The use of avoparcin, an analogue to vancomycin, which was previously used as a growth promoter in animal husbandry and is the believed cause of the common occurrence of vancomycin resistant enterococci (VRE) in European livestock, was prohibited in Sweden in the early 1980s. Despite this, there is still a rather high frequency of VRE in Swedish sewage (Iversen et al., 2002). Because of the way WWTPs work, using bacterial adhesion to particles in their treatment process (Godfree & Farrell, 2005), it is expected that VRE are found in sewage sludge as well“, so even after a ban close to 20 years before the event, it turned out that a rather high amount of VRE was detected in Swedish sewage, simply because of the way Waste Water Treatment Plants work. The danger found another way and as such it becomes mobile and procreative. You see I am a man of reasonable goofiness’, so when I consider the option that there is creation like procreation, if successful, only me and possibly one other get to be the party that requires a working solution. However, in the case of biowaste, the creators will place a burden on hundreds and perhaps even thousands of potential victims and in a greying population, a vast growing population of Antimicrobial resistant bacteria whilst no medicinal or antibiotics will be available, we would be digging our future straight into graves and urns.

Now, the last parts are all subjective and all based on a market that is not there yet, but more importantly, we are in an age where the law has been subjugated to the need of industry and profit for such a long time, there is a need for a true overhaul of the law an regulations in dealing with biowaste. The one element ignored in all this is that biowaste should be shunned as directly and strongly as biological warfare. Because it will get out of control and the consequences might not be stopped, because that side did not get the proper funding.

So even as we consider the very first line in the abstract by Leena Sahlström “Biowaste and sewage sludge can be used as a fertiliser and soil amendment in agriculture“, what happens when the VRE has infected the crops it is growing faster? What can we at that point rely on? All fair questions and at present there is no true long term answer or solution, so adjusting the law becomes paramount, so that places remain to have a future.

 

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The mere legality

Now that the Greeks have voted to bankrupt themselves (blaming everyone else in the process), it is duly time to take another look at the part I touched on in my article ‘Dress rehearsal (part 1)’ on July 1st 2015 (at https://lawlordtobe.com/2015/07/01/dress-rehearsal-part-1/). There the issue that came from Danuta Hübner, Chair of the Committee on Constitutional Affairs, European Parliament, with the attachment I added in the paper by Phoebus Athanassiou ‘Withdrawal and expulsion from the EU and EMU

Danuta Hübner mentions Art. 50 of the Lisbon Treaty as well as Art. 140 Treaty on the Functioning of the European Union (TFEU). So, this is something we need to look at, because Greece has decided not to be responsible and before the papers and TV drown us in emotional issues, whilst keeping quiet that the debt of other European nations might go up and not by a small amount.

So, yes, basically article 50 is about ‘withdraw from the Union in accordance with its own constitutional requirements‘, which does not mean the others can throw Greece out.

So far, that part seems almost impossible, as Tsipras keeps on claiming wanting to remain in the Eurozone, the image given is that he would stay in because article 50 is all about voluntarily removing one’s self from the Euro. Article 7(1) gives us “On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2“, which leads to Article 7(3) “Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council

In short, Article 7 is about reprimanding, even if all rights are suspended. That does not mean that they exit, which gives us two parts, the fact that France can walk away from the Euro to protect itself, yet Greece cannot get removed, which is not a given yet, there is a lot more to sift through. Article 2 is all about values, respect from Human rights and the rights of minorities, which does not have bearing on this precise case. The PDF that brought this to light, which by the way (due to an error on my side) is from Phoebus Athanassiou, my apologies for the earlier mistake in my previous blog!

The idea that the treaties should explicitly provide for a possibility of expulsion was discussed in the 2001-2003 Intergovernmental Conference responsible for drafting the ill-fated Constitutional Treaty, but was abandoned“, so not only were politicians the start of the mess, yet NO ONE had the bright idea to consider that one player might not be an adult giving them all permanent headaches is beyond hilarious, the fact that this legal bright mind (trained in the UK) is also a former Lawyer connected to Athens Law Firm of Tsibanoulis & Partners, and a former consultant for Government of the Republic of Cyprus just adds to the humour. His paper from 2009 and now we are all about to learn how we wasted millions on representations from the ECB whilst they were unable (as it seems) to properly protect the members. In all this both Yanis Varoufakis and Alexis Tsipras must be howling with laughter as we learn that most papers had not even clearly investigated the marketing term Grexit, so even as Brexit and Frexit might become reality in voluntary secession, Grexit will not happen against the will of Greece, as the facts presently are given, but let’s take a look at the steps that come next, because the PDF I added on July 1st is truly a treasure trove (Phoebus Athanassiou seems to be hindered by extreme levels of brilliance).

There is however another consideration, if we look at Article 2, where we see “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities“, the question becomes, as Greece decided to ignore equality and rule of law, are they in violation of Article 2?

Consider, that the creditors are a factual minority (one set on wealth and power of decision), the Greek government took out loans, they signed of these loans, as they are not complying with the execution of the agreed terms, are they not breaking the law? In addition, Article 3(2) gives us “The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime

It is the part ‘prevention and combating of crime‘, so as we see that for decades Greece did not ‘uphold’ (read reform) taxation laws or properly prosecute tax evaders (one fined Bobolas ‘proper’ combatting tax evasion does not make), can we state that Greece is in violation in accepting the articles of the Union, as such, what could be made then?

I will be the first to admit that this is a mighty fine line, but in this game, could such a fine line be enough?

Article 3(3) is about several things, including cohesion, Economic, social and territorial. When we consider the economic part we get the thought that economic and social cohesion is an expression of solidarity between the Member States and regions of the European Union. This means balanced and sustainable development, reducing structural disparities between regions and countries and promoting equal opportunities for all individuals. The fact that Greece (one of many) has not been able to (or intentionally unwilling) to keep a proper budget, we get an unbalanced and unsustainable development, whilst these people (the previous administrations) have not been properly investigated or even prosecuted, which gives us possible transgressions of Articles 2, Article 3(2) and Article 3(3). So is expulsion still not an option in that hindsight?

So as we see that the makers of the articles painted themselves in a corner by only focussing on growth and ignoring accountability, we see that Greece either got really well informed, or just had the right page open on the right day, no matter what, the EEC is inheriting a mess it did not properly defend itself against, so even though the path was reached in another way, as we see this explode, it seems very conceivable that the fallout from this event will have a large impact on the chances of Brexit and Frexit as they will be voluntary. So even as the UN was bright enough to include their Article 6, where the member can send home in a not so nice way for ‘persistently infringing the principles of the Charter‘, it becomes clear that the overpaid makers of Treaty of Lisbon were a lot less clued in at this point (or so it seems).

As I see it, Dr Phoebus Athanassiou, Senior Legal Counsel with the DGLS of the European Central Bank (ECB) had nailed the issue fair and square in 2009, I am just appalled that journalists and politicians have either ignored the options, or intentionally misinformed the people, whilst the European member politicians had their ‘closed door‘ meeting.

As I stated on July 1st: “Consider the next news “Here’s Bloomberg on Schaeuble’s comments: German Finance Minister Wolfgang Schaeuble told lawmakers in Berlin that Greece would stay in the euro for the time being if Greek voters reject austerity in a referendum scheduled this week, according to three people present. Schaeuble also said the European Central Bank would do what’s needed to protect the euro if Greeks voted against the bailout terms in the July 5 referendum, according to the people, all of whom participated in the closed-door meeting on Tuesday“, is that why it was closed door? The fact that expulsion is pretty much impossible?

So as we now see “Angela Merkel, is to head to Paris on Monday for urgent talks with French president François Hollande over how to avert a growing Eurozone debt crisis” (at http://www.theguardian.com/world/2015/jul/05/germany-greek-referendum-anger-solidarity), which signals two things, the first is that Germany is not considering steps that will accelerate many things, pat of it will make Greece the pariah it should not have made itself, you see, the BBC and the Guardian are all about ‘negotiations’ and the, as we might regard it hollow statement from EU Parliamentarian Martin Schulz “he hopes that meaningful proposals from the Greek government will arrive in the coming hours because “if not, we are entering a very difficult and even dramatic time.”“, is that so? Because Greece can only leave the Euro voluntarily as we see it at present. Another voice, which is the Economic editor Robert Preston gives us even more to worry about. “The Bank of Greece could make unsecured loans to Greek banks without the ECB’s permission“, which could blow the Euro straight into the basement value, as well as “Or it can explicitly create a new currency, a new drachma, which it could then use to provide vital finance to Greek banks and the Greek economy“, which might be more likely, but does Greece have to go either way? Consider that the lacking law makers forgot to properly defend itself, now take into account that when Tsipras will let it all fall and food and medication are no longer an option, we get back to Article 2 of the Lisbon Treaty with “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities“, which means that the other EEC nations would have to foot the bill and come to the aid of Greece to deliver food and medication. All this because previous Greek elected officials refused to adhere to Article 3(2) regarding ‘prevention and combating of crime‘ (tax crime to be exact), as well as the economic cohesion thing, but the last one is one that pretty much NONE of the EEC members adhered too, so calling Greece on that seems slightly hypocritical from my side.

So as the creditors might resort to “Qu’ils mangent de la brioche” (let them eat cake), we see a dangerous escalation. I wonder how both Nigel Farage and Marine Le Pen will respond in the coming days. There is no doubt in my mind that this will impact Brexit and Grexit, especially as it will be voluntarily.

No matter how this plays, we already seeing images on how Greek retirees are getting hit all over the place. So as we see Tsipras playing ‘paper tiger’ stating “the vote showed that “democracy won’t be blackmailed””, my less ‘diplomatic’ quote would be: “No, you blistering idiot, you sitting on your hands and not seriously reforming taxation and prosecution laws is part of the direct reason of the mess we now see!” This is why we will now see articles like http://www.thenational.ae/world/europe/crying-greek-pensioner-the-story-behind-the-heartbreaking-photo, ‘Crying Greek pensioner’. Here we now see quotes like “I see my fellow citizens begging for a few cents to buy bread. I see more and more suicides. I am a sensitive person. I cannot stand to see my country in this situation.” And this is not even close to the tip of iceberg.

The next few days will be interesting to say the least.

 

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