Category Archives: Politics

As the mood changes

There is always a mood change, sometimes it is for good, on other occasions less so. Like a metrometer from one side to the other, in some illusion that we remain neutral, a foundation of somewhere in between. Our daily mood a mere form of aggregation as we decide how we feel. This all relates to politics. It has been tradition in many houses to keep two elements off-topic. The first is religion, the second is politics. It is the second one that is now escalating in Europe. There is no way that people can keep it off the table, because there is a realistic risk that the EEC will not continue. There is a real risk that the EEC will come to an end. We are now at a stage that the EEC will face true hardship in 21 months.

The first element is France. French politics is a mess on the best of days, yet at present they are about to have a European impact. The big player here is Marine Le Pen. National Front is very much on the right side of right as such they have been all about national pride (which is fair enough) and the current mess as France finds itself in, is one that the people are not happy with. Debt is at an all-time high, jobs are low, immigration issues as well as low expectations for the immediate future. Actually, make that an issue for the next 3 years, which means that current President Hollande does not really have too great a chance of getting re-elected. EU Inside (at http://www.euinside.eu/en/analyses/francois-hollandes-battle-for-a-second-term) gives us the following four points that Hollande needs to agree to (they call them conditions).

  • Improvement in economic performance and most of all a drop in unemployment
  • Lack of serious competition in the left
  • Nicolas Sarkozy as a candidate of the right
  • A second round against Marine Le Pen

The first one is a dud as I see it. The only way to pull that off is to massively cut into the budget on nearly every level. French’s debt being 50% larger than that of the UK is not one to sneer at. Cutting in the UK is already hard beyond believe, so I do not envy President Hollande on that. In addition, whoever voted for him, when they feel the cutting pinch, they will not vote for him as I see it. The second one is a little different, it is not that Hollande is leading, he remains for the most unopposed in this, which is not the same. His current opposition has cushy jobs and going against Hollande for a second term is wasting massive amounts of energy that will not add up to enough. Martine Aubry is mentioned as an option, but the Asbestos debacle and the fact that she is not the favoured choice of the unions will stop this from happening. Lille has a decent economy, is high on the political list as a region, but still without strong Union support, Martine Aubry will not go anywhere. She gets additional visibility through the achievements of the University of Lille in Science and Technology. They are globally renowned, which helps getting an influx of international students through the Erasmus program, an element that does additional good to commerce in that region.

The other choice is Manual Valls, who is considered to be a social liberal, with a whiff of Scandinavian-style social democracy and Blairism, making him a little of everything. This is nice to be accepted on the larger field, but the left (as does the right) has all levels of niches to which he might end up being less of an appeal. Yet the news in the Sydney Morning Herald in January 2015 gives us “Mr Valls was starting a speech to about 700 people in support of his Socialist party’s candidate for a by-election on Tuesday night when the lights went out and his microphone turned silent. The electricity stayed off for about an hour, not just at the venue, but in the whole neighbourhood in Audincourt, eastern France. Mr Valls resumed his speech once the power had come back on” (at http://www.smh.com.au/world/unions-turn-lights-off-on-french-prime-minister-manuel-valls-20150128-130jjl.html), which is not a biggie, but it does imply that unions and Valls are not on the best of turns, all elements taken into account gives us that Manuel Valls could be a replacement, but only if current President Hollande messes things up with the unions, one step he is not likely to make at present.

The third issue is fine with me, we can argue on the qualities of Nicolas Sarkozy, or the desire some voters have to see a lot more of his wife Carla Bruni-Sarkozy, former model and songwriter. He remains a highly experienced politician, so there should not be any issues. Whomever wants to dig up the affair again, better realise fast that France remains the only European nation where Crime Passional gives the slaughterer of an adulterer an acquittal, justice does find a way!

Now we get to the good stuff, the rest was not mere foreplay, but if we do not set the stage, we will not get the right view we need to have. The fourth issue was ‘A second round against Marine Le Pen‘. This is the mother lode, because Marine Le Pen has been growing her influence. National Front has been growing its army all over France and if Marine Le Pen becomes president of the Calais region, it will start changes, more important she will grow influence in Belgium too. Any economic victory she can score in her first year will count twice, it will give her one credit, whilst also removing a credit from Hollande, so two for the price of one. In addition, any moves by Hollande against Calais will not hurt Marine Le Pen, but will count against Hollande. Again, adding hardship and reducing his changes. Yet, these are not the only two players. The Republicans, the Union of Democrats and Independents as well as the Greens. Yet none of them have been loudly fighting for a stronger France (read less dependent), President Hollande has not done enough, or better stated, whatever he did, for the most failed. There is over two point six trillion euro in evidence there. Marine Le Pen should be regarded as a serious contender here.

So how does the mood change?

Whatever France does, is on the turf of France, but there is no secret that Marine Le Pen is all for Frexit if certain essential changes are not made almost immediately. Her move to secede from Shengen and her request for a hearing in these matters. She had gained traction during the Charlie Hedbo events, but now as issues escalate in Calais, her chances increase and this will change the game a little. It is only a little, but it starts the change in moods. You see, there is Frexit and Brexit. We had Grexit, but the people forget (and remain uninformed by the press) that this was never a possibility. I raised them in ‘The mere legality‘ (at https://lawlordtobe.com/2015/07/06/the-mere-legality/). How many newspapers and news blogs were there to properly inform you on how expulsion is a near legal impossibility? They all danced around the matter of Grexit, something I personally regard as a big ‘No No’. Now things are different, you see both Brexit and Frexit are voluntary, this means that a massive can of worms will open, as the British referendum will be held in 2016, before the French elections and that will impact the French elections too. Hollande and others have been in favour of staying in the EEC and in the Euro. Yet both Marine Le Pen and Nigel Farage have given their views. Now that the Greek crises (which was never much of a crises) is ‘presented’ to be over, we must acknowledge that Greece still hasn’t made all the preparations. We see terms like “in the final stretch” and “a complex, three-year deal“. When we look at Reuters, we get language like “Athens is racing to wrap up the bailout agreement of as much as 86 billion euros ($94.35 billion) by as early as Tuesday in a bid to get the first disbursement of aid by Aug. 20“, yet what reforms has Greece delivered? It seems that 86 billion is a sexy topic to have, but on the other side of the fence we now have France and the UK. If Tsipras makes any kind of a gesture towards ‘re-negotiation’ that price will be a very high one. Many nations have had enough of Greek antics and the concessions made are not the kind that the European nations will allow for, because the people are in a clear state of mind, it is coming out of their payment one way or another. This gives strength to both Brexit and Frexit issues. That view was clearly shown last week by Nigel Farage (at http://www.bbc.com/news/uk-politics-33715160). The language remains simple, read: “Nigel Farage has told No campaigners to “stop moaning, stop bitching” or risk losing the EU referendum“, he is clearly ready for war, because whatever victory he gets now, will largely contribute to the 2020 elections. They are still far off, but the Liberal Democrats are basically no more and British Labour isn’t getting its act together. All votes that UKIP could pick up and Nigel seems to be very driven to do just that. In addition, he has France to deal with now too. If the referendum fails and France does move out, the UK will be in a bad spot for at least a year after that, giving the people that fear is what Nigel will be all about and it would be a valid strategy.

Even though some prefer the ‘wait and see’ option, it must be stated that not all is well on this front either. Many of the ‘wait and see’ group are looking nervously at France, the power of Marine Le Pen remains underreported, as well as Grexit was (the legal impossibility of it). Yet the dangers here is that if UK follows France, it will wield a high cost, so the UK must make up its mind on the dangers it faces and it needs to be a proper realistic view, which seems to be less possible as some have been managing bad news, scoring the news that the dangers are less severe. I do not believe that to be the case. More and more do we get to see articles like ‘Greece needs wide debt relief to avoid permanent depression, think-tank warns‘, basically telling us that Greeks debts need to be forgiven (for at least 50%), yet they will not arrest, prosecute or demonise the people behind this folly. They stood overly proud that this is not their fault. Blaming whomever they could. I think that until that moment comes the Greeks will just have to learn the hard way. In addition, who will deal with the losses of these hundreds of billions? Someone is not getting his/her money, how will that reflect on others having to pay? These elements will also fuel both Brexit and Frexit.

This upcoming mood swing is all about financial players trying to prolong the game, all trying to relief debt whilst giving out 86 billion more. Their own selfishness will be the foundation of Brexit and Frexit coming into reality. What excuses will these people give then? Or are they spiking the juice so that they can get their life’s ambition within the next 18 months?

I’ll let you decide on that.

 

Leave a comment

Filed under Finance, Law, Media, Politics

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.

 

Leave a comment

Filed under Finance, IT, Law, Media, Politics, Uncategorized

A digital deception?

There is an interesting weekend going on. First we see people waking up to the Microsoft premise that free is apparently never free, in addition, we now see more and more noises regarding Net Neutrality. We will get back to Microsoft soon enough, because there is more to Net Neutrality than meets the eye. First let’s take a look at the definition of Net Neutrality. Wiki tells us “Net neutrality (also network neutrality, Internet neutrality, or net equality) is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication”, now this sounds interesting, but the reality is not that easy as I see it. For example, consider Oracle Forms, who needs the reserved bandwidth, if we cannot deliver, that solution would become an issue to implement. Oracle Forms is not the only one, many other situations exist where priority is essential. Video conferences is one of several. The idea came from Tim Wu, he is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School. His paper Network Neutrality, Broadband Discrimination. The paper can be downloaded at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863.

As any academic work, it is quality stuff, yet, do I agree? I have an issue with the following parts:

On page 1 “Critics, meanwhile, have taken open-access regulation as unnecessary and likely to slow the pace of broadband deployment“, America is about to encounter the point where ALL the TCP/IP addresses have been taken, no more addresses, which means that IPv6 will soon be the only option remaining. You see IPv4 provides roughly 4.3 billion addresses. Companies, people, devices all requiring an IP address (mucho plural), well at some point the end is reached and that point is now, but that is not the entire point of my objections, because “likely to slow the pace of broadband deployment” is about need. I do not see how broadband deployment is hindered by the current system (other than running out of addresses). We have seen an almost exponential growth in getting online. Ever since the broadband has been an option, we have seen spectacular growth. First through normal internet connections, then via cable providers, now in addition we have mobiles with 4G and WiMax providers.

The second quote is “That deviation is favouritism of data applications, as a class, over latency-sensitive applications involving voice or video“. Which might be fair, but for the most, this has apart from specific application NEVER been a true issue. YouTube caches, so I personally have never truly seen an issue, not in over 15 years. Voice is a different situation, is this about VOIP? On one side, in an academic paper we need to keep an open mind, which makes it a good statement, but when we regard government pushed policy “open access alone can be an insufficient remedy for many of the likely instances of network discrimination“, the use of the word ‘likely’ seems a little unacceptable.

The next issue is found on page 158 of the paper “Have broadband operators tended to favour certain uses of the Internet?” To what extent? The goal of this section is to answer these questions, to the extent possible, for broadband networks during the year 2002, so we get answers based on a situation that is 13 years old, so this is BEFORE true smartphones, before quality 3G and whilst 100Mb broadband was rare. 1000Mb is now in some places regarded as slow, we get internet information faster on our mobiles now, than on broadband in those days, overall the growth of speed has been near unparalleled since the beginning of the internet and I am just looking at the last 5 years. The more I read of this 39 page paper, the less this makes sense in the current environment. Not the thoughts by themselves, the thoughts made perfect sense (to a certain degree) in those days. Yet, the ISP’s and Cable providers evolved almost exponential in their offerings. For the same price I now get a little over 10 times the amount I had before. I now end up with 500% download space of what I need (and I have one of the cheapest offers), so far I have not seen any limitation on what I require, so is this a pure American issue? That could be the case, but those pushing Net Neutrality better realise that moving business from US to Canada is not that far-fetched an option, I personally see these events as the FCC seems shooting itself in the foot.

Yet are my thoughts correct? (Always a good question to ask)

Let’s take a look at the Washington Post (at https://www.washingtonpost.com/news/the-switch/wp/2015/07/24/republicans-are-trying-to-defund-net-neutrality-will-it-work/), ‘Republicans are trying to defund net neutrality. Will it work?‘ The quote “This week, the Senate Appropriations Committee approved a bill that contains an amendment singling out the FCC and net neutrality. Notably, the rider would prohibit the FCC from using its most powerful regulatory tool to police Internet providers — Title II of the Communications Act” is at the centre. Yet, what the Washington Post shows is nothing more than a political side.

It’s CNN that gives us part of the goods (at http://money.cnn.com/2015/06/12/technology/net-neutrality/), they ask a few questions and give us answers. That is what matters. So let’s take a look.

Isn’t that what exists today? For the most part. In reality, the world won’t look much different on Friday. Netflix won’t suddenly stream any faster for you. AT&T (T, Tech30) and Comcast (CMCSA) won’t abruptly stop laying down high-speed fiber cables and investing in their networks as retaliation“, after which CNN brings a quote that is surprising “And Comcast can’t slow down file-sharing websites, like it did to BitTorrent a few years ago“, which is more than interesting. Because, for the commerce of the USA file sharing is not a good thing, even though downloading movies is copyright infringement, pursuing these events is a near impossible task, especially when those servers are outside of the USA.

Who supports net neutrality? Now this is the number one question. “AOL (AOL, Tech30), Facebook (FB, Tech30), Netflix (NFLX, Tech30), Twitter (TWTR, Tech30), Vimeo and every other major Internet company are in favour of the FCC’s new rules. They create the content you read and watch online, and they don’t want to face discrimination by network owners who can threaten to charge higher fees or slow them down“. This statement is pretty far out there when you are not an American. In America, when you see places like Comcast, you pay for 75Mbs, 150Mbs and prices go up fast. So from this point is there reasoning for Net Neutrality? I still do not agree, but before going into this we need to look at Sprint, they offer unlimited high speeds with a sharable 10Gb for $100. This is less than 40% of the bandwidth I had 6 years ago at half this price. San Francisco gave me decent prices that are in alignment with what we see in Europe. Again, will Net Neutrality solve this?

Now let’s take a look at those supporters, Facebook and Twitter are data collectors, Twitter is the smaller and Facebook in the larger extent. Netflix customers require download power a lot more than Net Neutrality. The same can be said for Vimeo, AOL and Google+ for that matter. They all are vying for a customer base and when a person gets 10 GB at $100, whilst Europe and Australia enjoy prices like $70 for 200 GB you can see the issue at play. I am wondering whether this is about Net Neutrality or is there an issue with cartelisation in the US? We are so used to see that things are cheaper in the US, the fact that the US is leaps behind when it comes to the internet. That does not address the Net Neutrality. In my view it leaves us with more questions. The fact that prices are so high makes me wonder why a place like the US is not more competitive in that regard. But this article is not about that. It seems that Netflix needs download power to survive, and that is lacking in the US. In addition, it seems that the providers are extremely ‘protective’ on pricing, when investigating prices, TWC gave me “You are visiting our website from an area we don’t currently service“, which I got whilst entering a Chicago Address. So in all this, there is a multitude of issues, which have less to do with Net Neutrality and more about the stranglehold on pricing some seem to keep in the US.

Now am I upset? Well that is not really the question is it? I am like many others a capitalist (to some degree), yet that part has always been drenched in reason. As the information is reaching me, reason is not really a part that the internet providers seem to employ in the US. Especially as they offer internet at 33% of the speed and at 20 times the price. So it seems to me that Net Neutrality, even though in this light might have some effect to some of the solutions depending on the internet, yet the overwhelming thought from me is that as the FCC pushes Net Neutrality, we will also see a shift of the business world seeking an alternative.

When we see an argument that “Comcast could slow down BitTorrent traffic (it did)“, yet when we consider an article by Jacqui Cheng from the 24th July 2010, we see ‘Only 0.3% of files on BitTorrent confirmed to be legal‘, this was from a study that involved 1000 downloads, so 997 were infringing in one way or another, so why is it an issue to slow down BitTorrent?

A final issue should be given to Wired Magazine, who (at http://www.wired.com/2014/01/three-dangers-net-neutrality-nobodys-really-talking/) gives us several views in the article ‘Three Dangers of Losing Net Neutrality That Nobody’s Talking About

The first comes from American Library Association head Barbara Stripling “we’re in danger of prioritizing high-quality internet access for entertainment over education“, is this about the costs of a broadband plan? I have seen how this is not cheap, even as the article is only a year old. She also states “Ultimately, “pay to play” only benefits the privileged“, which I can agree with, it will be about usage and bandwidth, Net Neutrality will not up the game for them, it is about pricing and in some cases the prices are overwhelmingly ridiculous.

The second issue is ‘we continue to give more control over the internet to the government‘, which seems to be the case, but why is it done? Draining additional resources, forcing costs that should not be with the government. The quote here is “What’s worse is that we won’t see it coming, because the FCC’s power will creep in incrementally, on a case-by-case basis — a death by a thousand cuts“. Why is the FCC even bothering with this? Regarding the extent of what I saw as it applies to the US, this is becoming an increasing case of ‘Unjust Enrichment‘. Yet, the legal scope is not entirely ready to deal with this from an internet point of view. The North Dakota Supreme Court ruled in Schroeder v. Buchholz, 2001 ND 36, 622 N.W.2d 202 that five elements must be established to prove unjust enrichment.

They were:

  • An enrichment (Telco’s making excessive profits)
  • An impoverishment (Consumers are charged above their affordable income).
  • A connection between enrichment and the impoverishment
  • Absence of a justification for the enrichment and impoverishment
  • An absence of a remedy provided by the law (clearly in absentia)

It will be hard to prove this part, you see, it is not just about enrichment and impoverishment. The internet world is moving population classes into the haves and the have not, which is a different standard, yet the foundation might apply in finding the remedy for internet pricing, especially when we realise that one in 10 that would end up spending a little over 10% of income to allow for internet (based on the Chicago example), is this an excessive cost? That would be for a court to decide and that decision would not be the same state by state. Yet as that becomes a solution, the Net Neutrality need would diminish.

In the end, I am not convinced that the issues are about ‘neutrality‘, but it is about current technology and about fairness and affordability of the internet, especially when we consider that every child today needs to learn to proper use the internet from a young age, only to keep even with the other players, once the US falls deeper into the pay to play trench, we will see the growth of additional classes of segregation, those who are technically viable users and those who are not. That last one must be avoided at all costs, an issue Net Neutrality as I personally see it will not answer.

 

Leave a comment

Filed under Gaming, IT, Law, Politics, Science

That joke called the First Amendment

Well, the quick way is to wait on a bridge, but the reality of that approach is likely to be less successful! This all starts with an article in the LA Times today (at http://www.latimes.com/local/lanow/la-me-ln-james-woods-twitter-lawsuit-20150730-htmlstory.html). The object of trolling is James Wood, the actor. He has had many successes and in most of those moves he plays the badass opponent you don’t want to cross, not even when you have the Rock at your side. I had to take a little look at what I first saw that included him. Raid on Entebbe was the first movie, yet I did not realise it at that moment as it was a ‘Charles Bronson movie’ (the mind of a teenager tends to be super focussed). So James as the Captain with the glasses was not the focus of the viewer (me). I started to watch movies because James Woods was in them around the time ‘Best Seller’ was released. He had already drawn attention through Videodrome, Against all odds and Cat’s Eye. All this matters, because the way we perceive an actor (especially outside of America) is when we watch his work, not the gossip page, not some glossy magazine where dubious statements drenched in non-liability grammar. It is possible that the generation after me will form an opinion of him from his starring role as Hades in Hercules (you get the concept). So did he have issues? I am pretty sure that he has issues, which does not mean he dove into the narcotics, which several actors from the 80’s did. The fact that glossy magazines got away accusing people of murder ‘due to unnamed sources’ adds to the stress here. But what is the case? Actor James Woods filed a $10-million lawsuit this week against an anonymous Twitter user, alleging defamation and invasion of privacy. In my view there are two options, either that person is an American, or not. If not it basically becomes an FBI case (I will get back to this). Leila Knox, an attorney with the San Rafael-based First Amendment Coalition gives us some of the goods. As she states “You have to go straight after the individual”. Which is all fine and good, yet since its official adoption of December 15th 1791, the text: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances“, has become a bit of a joke. There is no doubt in my mind that the originators had the best intentions in mind, yet for no less than 30 years the 1st amendment can be regarded as an international joke. (I will get back to this too). The next part in the article is “The next step is to subpoena the ISP, which must alert the user that he or she is being sued and that there is a request for the user’s identity to be revealed“, not just that, but the ISP can actually start a case of defence for the troll and file for quashing the subpoena. Mark Lemley, director of Stanford Law School gives us in addition the following: ““The hardest part is proving that the statements were made with bad intent” and were not accidental, said Lemley, who spoke in general and not in reference to the Woods case. “It also depends on how careful the poster has been to cover their tracks.”” in this we see the first issue and as to answering this, I will also get back on the two previous points. You see, I am all for ‘freedom of speech’, yet in that light, this freedom also needs to show a form of accountability. When we see that there is a need ‘to cover their tracks’, whilst there is supposedly freedom of speech, you know that something is wrong. So the fact becomes, should the ISP be allowed to act in the way it can? I agree that to some extent it should be protective, but when a person is hiding behind anonymity so that this person can lash out, I have to see the situation that the victim of this lashing has a right to face his/her accuser. Is that not a direct right too? In the second, when we consider the 1st amendment in another way we get the following: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances“, let’s take this one step at a time. ‘Or abridging the freedom of speech, or of the press‘ I believe in the spirit of this, but are we not allowed to know the speaker? You see in those days, freedom of speech was done in writing or in words. In words meant that the person did this in view of others. That means that this person was a known person, even if that person was a stranger and was viewed for speaking his/her mind. The aggrieved person could face the speaker and defend the presentation. When in writing it was harder but overall we would know who spoke, because the true speaker would sign their view, if this person did not, than it was either a question the writer would ask people to answer for themselves or it could be rejected all together. The press has become an even more debatable joke. The Daily Mail for example with “source close to the family” (MH370 disaster), this is not the only case, what is also important is that we saw an issue in 2014 the Press Complaints Commission (PCC) decided to investigate a case whilst using only 1 of 83 plaintiffs. These are UK cases, and they are aligned to this issue. You see, when we look at The Atlantic, we see an issue in the article ‘Why Newspapers Often Don’t Call Out Politicians for Lying’, it states that it is a complicated controversy, which on the surface it is not. You see a statement is either true or false. Now, we must allow for a view that is regarded as ‘the eye of the beholder’, which is fair enough. A Republican will see matters differently from a Democrat and if that person explains his/her view that should not matter and the truth is still told. So the issue now becomes is it the truth or is it flaccid? That issue comes to mind when we consider the quote “diminish their perceived objectivity, especially among unsophisticated news consumers“, from there we get ‘there is no truth, there is just a flaccid context because the reader could be regarded as stupid’, that would make you feel loads better wouldn’t it? So we now have a little bit of an issue, in one part the press needs to get a lot more leeway, so that it can bearing a point of view across, which is still informing the public, yet, we cannot allow for the press to continue to the extent it had for too long a time. In all this the 1st amendment is as I regard it a joke in today’s society, yet altering it is equally dangerous, because I believe in an accounted freedom of speech. In that view, the anonymous person is not a person perse, this person is a mere fabrication of nothing. Now, this is a dangerous statement from my side and I realise that. There is a clear need for anonymity, especially as there is a need to truly protect a person from prosecution, but such a person does not go out and states “James Woods is a cocaine addict”, which more than malicious. You see, as we regard a person with issues on alcohol and narcotics, the view of him is altered. In his case it will affect his ability to gain jobs. In a world where he relies on public opinion (even more than a politician), there is the need to make sure that people cannot make claims against others unless they can back this up. As far as I have been able to tell, James Woods has never been in court for any criminal transgression, and he seems to keep a decently healthy lifestyle, the fact that he has been in two relationships with women 40 years younger than him seems to vouch for that part. In all this I still have a partial issue with the quote by Leila Knox. She speaks the truth, but is she correct? The quote “One has the right to go out and speak and not be identified”, is truthful, but was it speaking? Basically James Woods fell under psychic assault, moreover, the assault can be regarded as intentional malicious assault. It is malicious as there is no evidence and no publications that James Woods has been addicted to drugs. the fact that this could be the statement of a person who does not know James Woods, making the claim malicious, an intentional act to do harm, at which point the victim (James Woods) has every right to face his accuser (Abe List), so now we get to the point how to solve this. Now for the case, there is little chance of James Woods to get a decent chance of confronting his attacker. The law seems too flaccid to do anything and in defence of the FBI, if they have to track down every defamation case they will never get to do the things they need to actually get done. You see, I am over some of these trolls, as we see how they just attack for the mere fun of it. Wouldn’t it be great if there was some anonymous hackers group that could give aid to these victims, a group that would retweet the accusation, but now with the added identity and address of that person, would that not be great? An approach that is enlightening and dangerous at the same time, because at times there are people who must be able to rely on anonymity, those people who do not attack, but speak out for their own hardship, they need protection, I do not deny it, making the first amendment a dangerous thing, because the more it protects the oppressors, the less it regards the victims, which was never the intent of the first amendment. So has the first amendment truly become a joke? The fact that people hide behind it whilst the location of the transgressor (read troll) is not a given is one side to this statement, the fact that the press can insinuate with impunity for mere profit is another part. Twitter seems to do whatever it can, to remain the ‘innocent disseminator’. When we look at this we legally get “The defence of innocent dissemination is intended to protect people such as newsagents, booksellers, librarians and internet service providers (ISP) who unwittingly publish defamatory matter without negligence on their part“, which is Australian Law, but the US has something very similar. And in all this, Twitter for the most has left interactions to almost zero, which gives strength to their ‘innocent dissemination’ even though the Troll has been removed, it is relatively easy to create a new profile, so that the troll can strike again. I think that on a case to case basis Twitter needs to re-evaluate its choices. It is not impossible that Twitter becomes another reddit through the bashing by trolls, which means that Twitter people will seek another venue at some point. For now Twitter is highly accepted in the business community. If that changes and trolls take over, the loss of accounts could spell long term hardship for Twitter, taking into account how quickly social media evolves, hanging onto the community as they have, Twitter did a fine choice in remaining the innocent disseminator. Yet the future is slightly altered. I personally believe that losing thousands of accounts due to a few trolls is a bad choice, not intensely protecting them would also send a stronger message to the people at large. So when in the speculated scenario where the people in a street learn that someone’s 15 year old kid has been trolling the hell out of some could be a revelation, especially for the troll. If a troll is nothing more than a cyber-bully, why do we give them protection? Aren’t we supposed to be united against bullies?

1 Comment

Filed under IT, Law, Media, Politics

Freedoms removed by Amazon

One of the most outrageous articles of the year hit me this morning, via the Guardian off course! The piece in question is ‘Amazon proposes drones-only airspace to facilitate high-speed delivery’ (at http://www.theguardian.com/technology/2015/jul/28/amazon-autonomous-drones-only-airspace-package-delivery). In the first, since when does a company decide on traffic rules? Can anyone explain that to me? In the second, since when is a company allowed to set FAA rules (or in general rules of flight regarding safety of airspace)? In the third, how in the name of all blazing hell does a company decides on how amateurs, hobbyists and innovators do their work?

Well, it seems that Amazon has stepped up to the plate to ‘suggest’ a few changes. Let’s face it, Amazon is a place of nothing, a mere grocery store for parchment products. In the UK they paid £11.9 million in taxation and the year before that £4.2 million, so why should we give them even the slightest consideration? The Australian Amazon site is limited to kindle stuff, so they pay even less there. You know, they are big in Luxembourg, so there is every possibility that they can pursue their drone packaging strikes in that country. But to give any consideration outside of Luxembourg and the US is a little too strong, so the quote “Amazon is proposing that a pristine slice of airspace above the world’s cities and suburbs should be set aside for the deployment of high-speed aerial drones capable of flying robotically with virtually no human interference” should not be taken too seriously.

We cannot fault Amazon for having vision, but it comes at a cost. You see “It envisages that within the next 10 years hundreds of thousands of small drones – not all of them Amazon’s or devoted to delivery – will be tearing across the skies every day largely under their own automated control” shows us that there would be a massive drop in the need for delivery people, which is not good for job security. Now, in opposition, these things happen, when people started to correspond through their computers, the people did not think it would grow beyond the realm if Geeks and Nerds, now, the bulk of the population has not touched parchments, quills and ink for a long time. Less postman were needed and on a global scale dogs were in mourning for nearly a decade.

Now we get the part that Amazon thinks is visionary “The company’s aeronautics experts propose that a 200ft slab of air – located between 200ft and 400ft from the ground – should be segregated and reserved for state-of-the-art drones equipped with sophisticated communications and sensing equipment and flying at high speeds of 60 knots or more. A further 100ft of airspace – between 400ft and 500ft – would be declared a no-fly zone to act as a buffer between the drones and current conventional aircraft such as passenger and cargo planes, thus mitigating fears about the impact on manned flight or dangers posed to people on the ground“.

I wonder how these aeronautics experts got their degree, perhaps it was added to the side of the pot of vegemite in an effort to market the product to Americans? Perhaps their degree was the wrapper for Troyer Roll Butter (if you know the product, the joke makes sense, Google it!). You see, the sky is filled with these weird things, that need to be all over the place, they are called helicopters, the police uses them, the press uses them and oh, yes, the emergency rescue services uses them all over the world, also in city areas. So this ideas hold a few operational holes even before it is seriously considered.

There is an additional concern. We do not deny that drones will be the big thing in the next decade, which also means that indie developers and visionaries will emerge, so is the quote “segregated and reserved for state-of-the-art drones equipped with sophisticated communications and sensing equipment” anything else than an attempt to crush market growth and keep it in hand for a few established brands? How will that ever be any good for innovation? Furthermore, the image gives way that hobbyists, rural hobbyists will be pushed from their rural live to little spots, just like the Native American Indians were. In my view, if you want to be top dog, you’ll just have to create a superior product that can anticipate these events. By the way, helicopters come in all these areas, including in the no fly zone, so this idea is saturated with bad insights from even before day zero. Not a good start me thinks!

So in reference to the position papers where the call states “It calls for a “paradigm shift” that will allow hundreds of thousands of small unmanned aircraft to fly under their own technological steam without the current involvement of humans through air traffic control“, that part could only work if there is one player, once there are more, if becomes a technological jungle of miscommunications and lost handshakes due to iterative updates, flaws and glitches. So how about letting drones work above the freeways and major lanes? It would not hinder anyone, hobbyists and innovators continue and unless a helicopter absolutely must land on a highway (likely medical emergency) they can continue without any hiccups.

Wow, I just solved the ‘lack’ of free airspace in 7.2 minutes. How clever am I?

Then we see “Amazon sets out five capabilities that drones must meet if they are to be allowed to fly inside the new 200ft high-speed corridor“. well let’s just agree that this is not up to Amazon to begin with, the fact that they precede this with “to realise that futuristic vision safely“, implying that they are working on a solution only they will offer, laws must abide with… In my view it is not up to them, many nations know that drones will be the new slave labour force (read: unpaid population that will drive others away from a job), which is a little out there (the way I framed it), but the reality is that this market will massively evolve over the next 2 decades and we have to give space to innovators and visionaries, not limit their scope to the need of “sophisticated GPS tracking that allows them to pinpoint their location in real-time and in relation to all other drones around them“, which is basically stating that drones must be a product made by DJI, Raytheon or Northrop Grumman to be allowed in this airspace. Amazon does NOT get to make THAT call!

the additional quotes “Online flight planning that allows them to predict and communicate their flight path” and “Communications equipment that allow them to “talk” and collaborate with other drones in the zone to ensure they avoid each other” give additional notice to forcing us into a one player path. That is not what innovation is about. First the TPP is pushing innovation to the mercy of big business, now Amazon add more limitations here? That is not a playing field that the world signed up for.

So as we see that hobbyists and indie developers (and visionaries) are slowly pushed into reservations like the Native American Indians by the quote “Under Amazon’s proposals, by contrast, hobbyists would only be allowed to fly within the new 200ft-400ft corridor if their vehicles were equipped with the latest hyper-sophisticated gadgetry for autonomous flight. Otherwise, they would have their activities confined to geographically demarcated airfields in relatively unpopulated areas that would be set aside specifically for the purpose” we have to wonder what Amazon has up his sleeve. Because either the US government is so bankrupt that it will agree to anything to not collapse before the results of the next elections, or is Amazon just waving in the air to be noticed?

The quote by Brendan Schulman, drone lawyer and senior executive and DJI gives us additional issues regarding the Amazon statement “by far the greatest use of unmanned aerial vehicles today was by amateurs. That’s currently by far the most common use of the technology, so before you disrupt their experience you want to think carefully about what slice of airspace would really be needed by these new technologies“. I would say ‘Amen!’ to that, because the issue that the article danced around (perhaps intentionally) is that Amazon needs to adhere to established safety protocols, we do not change protocols because of Amazon. I can agree that down the track changes will have to be made, but that time is not now and especially as the paper ignored several basic avionics issues.

Which now gets me to the paper where in a mere flash something stood out to me. Consider the quote “Amazon believes the current model of airspace management will not meet future sUAS demands, particularly highly-automated, low-altitude commercial operations. A paradigm shift in airspace management and operations is necessary to safely accommodate the one-operator-to-many-vehicle model required by large-scale commercial fleets“, in that apart from a massive dose of arrogance, we see “the one-operator-to-many-vehicle model required by large-scale commercial fleets“. So it is already on the premise for big business where one controller manages 100-200 drones. The shift of a workforce that only requires payment in cc’s of fuel.

In my view, the air is for now still empty, it will change, that much is certain, but it will be the people that decide on how far this goes, it is not Amazon to make that move. I am not entirely certain that Amazon should be the lead at all, but that is perhaps a discussion for another day.

What is in the last part an issue is the small part privacy activists were given. They are all up in arms regarding police and spook drones. Which is massively farfetched as these people have already given away their liberty through Facebook and other social means, so these two parties receive via e-mail all you did, including the amounts of times you ogled the ass of the neighbours wife (and teenage daughter). We seem to forget the massive danger that follows, it is not Amazon with its non-human package delivery system. It is the fact that in any innovation, organised crime follows pretty quickly, because they know that it takes the government up to 5 years to catch up, so in the first 5 years they can strike it rich. Drug deliveries, via cheap drones to penthouses. The paying clientele gets balcony to balcony delivery via a $499 drone and there is no link between the parties. Crime is already making a nice killing here, so the proper focus is not here and when it gets to be in the right place it is already too late.

So Amazon should not be setting the pass for removed freedom, it should set pace to create the right atmosphere, an attempt that they failed miserably from my point of view.

My opinion in this matter is strengthened through a previous article regarding Amazon which was published on March 30th (at http://www.theguardian.com/technology/2015/mar/30/amazon-tests-drones-secret-site-canada-us-faa). The title ‘Amazon tests delivery drones at secret Canada site after US frustration‘ already implies the ludicrous part in all this. A ‘secret Canada site‘. Why? Because a spotter could take a pic? Because of industrial espionage? Actually, that last one is not THAT far-fetched. So let’s leave it for now.

In the article we get two parts that show my view the first is “Into that aerial slice the company plans to pour highly autonomous drones of less than 55lbs, flying through corridors 10 miles or longer at 50mph and carrying payloads of up to 5lbs“, which represents as stated in the article for 86% of all the packages, now that is fair enough, if you want to address 80% of what is done now, yu see a choice that is just common sense. Now part two “The Company wants to offer its customers the ability to have packages dropped on their doorstep by flying robots within 30 minutes of ordering goods online“. Initially that pat makes sense too. Yet combined, we get ordered articles are delivered within a range of 18 miles. Here we account for loss of time for picking up, after which the drone gets 30 minutes, so 18 miles is pretty much the limit, so this is a metropolitan solution, this is less about ‘global change’, but more the need to address the high impact profit places like New York, Vancouver, San Francisco, Honolulu, Seattle, New Orleans, San Jose, Chicago and Los Angeles and a few other congested places. The ‘global’ part was just nice to give it marketing. They need to address congestion and dromes will make sense. Yet the visionary part is that they are trying to address it on a global scale, because if this is accepted, Amazon would be sole player in places like London, Paris, Amsterdam, The Hague, Munich, Berlin, Rome and Sydney for that matter too. That seems to be the reality and it is not a bad idea to have, but in that adjusted view, Amazon does not get to set policy, especially as Europe might develop its own drone solutions. Binding options for developers through ‘sophisticated GPS tracking‘ is what I would call ‘the big No No’.

Brendan Schulman, aka the drone lawyer shows us the merits of my thoughts “Amazon’s Canadian airstrip-in-exile should be a “serious wake-up call to politicians and regulators”. “America has led the world in aviation development,” he said, “but for the first time in history we are at risk of losing out”“.

There is the part, where I made the reference to the TPP. These presentations are all about big business carving their patch making sure no one else can inhabit it. The plane industry is polarised, but drones are another matter, drones can invigorate visionary workers and dreamers, because a drone is not an expensive tool, you can buy them in a game shop and the next kid getting one could be the one who revolutionises that field because he/she thought ‘what if I want to do this, could I alter my app….?’ that is all it takes to create a billion dollar corporation.

The FAA has (according to Amazon) taken much too long to make up its mind, it also stated “it does not believe that drones can be flown safely under their own autonomous control, and is insisting that humans must keep them within eyesight at all times“, which makes it non-profitable for Amazon. For now the FAA is right, but there is no given certainty that this is still a truth in 5 years. The mobile industry, Wi-Fi and sensor market is evolving at an alarming rate, my $699 mobile phone now has the same technological options a $15K digital film camera had 10 years ago, only the lens is the physical difference in quality, so that market will evolve, possibly beyond my comprehension before I die.

I feel certain that the FAA realises this, but they report to others and those people see that drones will be the new orgasmic high for organised crime. Common Law in the US and in the Commonwealth is flawed enough for all players to realise that this opens up massive undeclarable profits for these players. With the one to many option, whatever small chance of successful prosecution of a drug dealer any Districts Attorney had in the past, flies straight out of the window via drone. Here we see how the law has not caught up again.

Should it stop drone development? No! But there are a few sides that need addressing, which cannot be done today, but soon it will be the only blockade remaining. What happens when that day comes?

 

Leave a comment

Filed under IT, Law, Media, Politics, Science

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!

 

1 Comment

Filed under Finance, Law, Media, Politics

Soliciting the gay vote

It started innocent enough. I was just going over my tweets, seeing what happens and then suddenly something odd happened. I saw this tweet go by: “Wow Plibersek is actually refusing to support binding the ALP in favour of marriage equality“, which seemed odd. So I took a look at the facts (you know, the arrangement of letters in an online newspaper), which got me these quotes from the Sydney Morning Herald “Bill Shorten has narrowly avoided a Left faction attempt to immediately bind Labor MPs to support same-sex marriage equality from the next election onwards but the affirmative policy will still become binding on Labor MPs within four years” and “But while the hybrid voluntary-compulsory formula is a win for Mr Shorten who publicly opposed a plan initially backed by Ms Plibersek to bind Labor MPs immediately, the prospect of mandatory policy by 2019 may also offer Mr Abbott the political cover he needs to deny his own Liberal and Nationals MPs a free vote in this Parliament“, which gives me the opposite. So be wary of some tweets on twitter, for me, with a giggle I say, there you go putting your faith in a tweet that comes from a person who openly heralds ice cream and gossip girl in his profile (which he’s allowed to do of course).

Yet, it is not about the tweet, it is about the information that it brought bare, the ugly truth of solicitation, especially when it is for votes. You see, I am all for the act (I am actually not against it, which is not the same), but in the end, whatever makes a person happy and as long as it does not hinder my way of life I say: live and let live!

Yes, life is often this simple, when an act, a choice of life or a preference is no real danger to other people, when it is no hindrance of your lifestyle, why object to it? Especially when part of the hetero sexual community states it is ‘so bad’ for healthy marriages and they screw up their own relationship all by their selves. The clear statistic of 40% divorce should be the indication that the hetero sexual seems clueless on what they are doing and how to do it right, but that might just be me.

So back to that same sex thing!

How did I get to the solicitation part? That would be the clear issue. Consider that the Labour party has been screwing up their side, whilst in office between 2007 and 2013. Senator Nettle, a member of the Greens in New South Wales introduced the bill (at https://www.comlaw.gov.au/Details/C2007B00038). So there it stayed for a very long time as you can see. So whilst Heavy Kevvie and the Bushfire Blonde were fighting over who was top dog in the PM residence (Kevin Rudd vs Julia Gillard), we now see another wave of Labor members stating half- baked intentions, basically soliciting (as I see it) for the office of governing through ‘the Gay’ vote.

Even in opposition they will not come out for the bill and they need a compromise, if it is so important, why was the act not made law in 2008 or 2009? Now we see in the very beginning of the Sydney Morning Herald “Bill Shorten has narrowly avoided a Left faction attempt to immediately bind Labor MPs to support same-sex marriage equality from the next election onwards but the affirmative policy will still become binding on Labor MPs within four years“, so I can guarantee my British readers that our Labor party is in a bigger mess then the UK version! (I end this with a hefty nah nah nah nah nah)

Then we get the next quote “And Mr Shorten has pledged that a Shorten Labor government would move to make it law within its first 100 days“. ‘Move to make it’ is not the same as ‘making it law’, it is just the introduction for it and the fact that there is a left and another faction within labor, that means that enabling the act is not a guarantee. If the Australian Labor Party (ALP) does the same iteration of non-sensible overspending the moment they get into office, that act is not a guarantee at all (they will suddenly have other ‘priorities’). If you want to see that evidence, then check out the Marriage (Relationships Equality) Amendment Bill 2007 and how it stayed untouched throughout 2 terms of office, in addition, we can watch the news on May 21st 2013 when we saw (I mean read) ‘Kevin Rudd declares his support for same sex marriage‘ (at http://www.news.com.au/national/kevin-rudd-declares-his-support-for-same-sex-marriage/story-fncynjr2-1226647193111). It must have been an election year. Oh wait, yes, that is what it was! His support came 12 weeks before the elections, yes! Way to go Kevvie, trying to score votes, were you?

As I personally see it, if the gay community wants that act to become rule of law, than my advice to them is to get rid of Bill Shorten now and make a vote for either Tanya Plibersek or Penny Wong. It seems to me that they wanted to bind this achievement as mandatory, there is an additional need to change now, because the SMH quote “However, after that, a positive vote for the reform will become mandatory for all of ALP parliamentarians, meaning any MPs voting against it on religious or other grounds would face automatic expulsion, consistent with long-standing ALP rules“, so basically Bill Shorten does not want to get tied down now and hide behind the mandatory vote later on, how is THAT the definition of a leader?

Is it not interesting how these ‘long-standing ALP rules‘ were able to stop the Labor Party from enacting the Marriage (Relationships Equality) Amendment Bill 2007 during their last two terms?

In all this, it also seems to me that of all the political weights throwing themselves as so ‘equally’ minded, it was a Green, Kerry Nettle who introduced the bill, so I think that Labor is nowhere near out of the woods and even though it seems to me that both Penny Wong and Tanya Plibersek are hard on board to get the act stronger and enacted sooner, the question must remain, why was Bill Shorten in any way opposed? Consider the quote from the Age “Bill Shorten has made a last-ditch appeal to his colleagues not to adopt a binding vote on same-sex marriage amid renewed speculation he could be defeated on the issue on the floor of the ALP national conference“, it seems to me that all Labor party leaders prefer to keep the ‘Gay vote’ at hand, but not at their sides, which is odd to say the least. In all this, we see both Penny and Tanya fight for the vote, but the skeptical soul in me does wonder whether this was for marriage equality or to dislodge Bill Shorten from his leadership seat? There is no given info whether that was ever the case, it is just my suspicious nature in all this.

No matter what happens next, if marriage equality does not come now, it will be the main event for debate towards who gets to be elected into office in 2017. To me that sounds like the wrong way to get an act into law, but that could just be me.

 

Leave a comment

Filed under Law, Politics

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.

 

Leave a comment

Filed under Finance, Media, Politics

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?

 

Leave a comment

Filed under Finance, Media, Politics

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.

 

Leave a comment

Filed under Finance, IT, Law, Media, Politics