Tag Archives: lawlordtobe

July 22, 2015 · 21:22

Spelling fraud with a ‘T’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why these statements?

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

I am only asking!

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

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

 

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February 25, 2015 · 20:39

The price of soccer

This is how I see the issues as we see the mountain of ‘complaints’ in regards to Qatar 2022. The first part is seen on the BBC site (a http://www.bbc.com/news/world-31605149). Richard Scudamore is very disappointed, which is fair enough. My issue is with his statement: ‘if the integrity of a football league has to stop for 6-7 weeks‘. Is that truly the case? The integrity of a league does not diminish when they are out playing their best for their nation in a world cup. It shows that these people, with multi million pound incomes can set it all aside to play their best for their nation. That is the simple truth of it all. So is this about FIFA, UEFA? Or is it because of advertisers? You see, those 6-7 weeks advertisers will move to the world cup, they go to where THEIR visibility lies. I think that this is a side that the football managers forgot about. When they spread the visibility of Soccer, getting more and more nations, they forgot that new members are every bit as eager to promote their national side and we can safely say that the middle east has plenty of money to invest in new stadiums.

Part of me is just a little amazed that both FIFA and its members did not see this coming. It is a sports event! In a places where for all kinds of environmental reasons, the Olympics cannot be held there, is it such a surprise that they want to show off their nation by hosting the soccer World Cup event? That what followed is still to be regarded as an episode of comedy capers, for those too young to remember, see the intro here (at http://www.youtube.com/watch?v=OjZMfRwsuOM), see the man at the back, that could be Martin Ivens, you remember the Sunday Times claiming to have seen all those ‘millions of documents‘ reported by Reuters on July 28th 2014? I mention parts of what was claimed in ‘Sacking the Editor?’ on November 14th 2014 (at https://lawlordtobe.com/2014/11/14/sacking-the-editor/), it could be regarded as evidence on just how much a paper tiger Independent Press Standards Organisation (IPSO) is. As mentioned before, if we go by the words of IPSO “We uphold the highest standards of journalism by monitoring and maintaining the standards set out in the Editors’ Code of Practice” than they should also be pre-emptive. Especially when allegations of corruption are being made.

Was there corruption? That question remains a valid one, but when we see “FIFA report into alleged corruption clears Qatar to host 2022 World Cup” (at http://www.theguardian.com/football/2014/nov/13/fifa-report-alleged-corruption-qatar-2022-world-cup), the mention by the Sunday Times give way to bring a forced publication of that evidence, or be hit for damages. None of that seems to have happened. In addition, we see this in The Star (at http://www.thestar.com/sports/soccer/2015/02/24/fifa-deserves-red-card-for-the-debacle-that-is-qatar-world-cup-arthur.html) “FIFA judge Hans-Joachim Eckert, who sits on FIFA’s ethics committee, reviewed the report and released a 42-page summary to the public that stated the report cleared FIFA in the awarding of the 2018 and 2022 World Cups to Russia and Qatar, respectively“.

I am not denying the facts that are, but no one seems to show evidence, which is crucial. You see, as stated before, I think this is for the larger part about something else. If we go back to the statement ‘if the integrity of a football league has to stop for 6 – 7 weeks’, is that so? How about taking a 7 week break and prolonging the season that one time? I think that these soccer players, who are making tens of thousands a week, can work an extra 8 weeks that one time. If it is about the advertisers, than it is just bad luck. You see, many people have had enough of ‘enabling’ advertisers to the max, and if this costs them a little extra this once, than live with it. It is NOT about the advertisers, it is about the sport and everyone is very adamant not to mention that ‘A’ word, or ‘sponsors’ for that matter. Is it all an inconvenience? Yes, I reckon that is the case and this is also the consequence of broadening the membership list of soccer playing nations, there is a consequence at some point. So, yes, I do agree that Qatar was never the best place, but guess what, they did the dance, they went through the motions and they got the gig! Now all others will have to program around this for once, I think that the fact, that this had been running since 1888, implies that the sport could use a little exception and a little flexibility.

This does not take away the issues that play at FIFA, there are a few issues with the Russian part, especially the ‘the Russians claimed that all e-mails relating to their bid had been wiped from the computers they used, which were rented’, I mentioned that in a previous blog too, because such levels of incompetence should not be allowed anywhere. Yet, the full report of Garcia was never given to the public at large, which gives us a few extra issues, but then, the Sunday Times under Martin Ivens blowed a lot of hot air, but then did not release any evidence of in any shape, size or form. It seems to me that this is not a good thing either.

If we accept the star with their quote “But FIFA is so powerful, so unaccountable, that the inartfulness of the lies doesn’t matter” as well as “FIFA pushes slush piles of money to federations all over the world in the form of development grants, and that secures the necessary votes to keep Blatter in power“, that we have a massive problem. You see, I have been (to some extent) on the side of Qatar, because there were allegations from many, but NO ONE presented actual evidence and all these events played like this was all about big business not getting their way. I have an issue with that! In my view, if you love soccer and it is your life, that that is fine, but when we see these pushes whilst an average soccer player gets per week what most people get per quarter, that we can agree that those people get to suck it up a little and not whinge or whine like little bitches when they suddenly get an ‘adjusted’ calendar once per 4 years, the fact that this now happens for the first time ever, they can just shut up and take it, so this once they get to experience what most workers endure on a yearly basis.

On the other side, if there is a level of unaccountability from FIFA, that it makes equal sense for ALL members of FIFA to break with FIFA and create something new, to which ALL members of FIFA are to be excluded for a few decades. See how that solves issues. The reality is that Qatar 2022 might be the only deviant event (compared to all other world cups) as a lesson for future FIFA events, in that case FIFA will have learned a lesson, but perhaps we learn another lesson too. Perhaps that environment will only fuel a global desire for soccer and in that light, premiere leagues of all nations will have to consider that once every four years there could be a different light in how that year the league is played. It might be refreshing in so many ways that it will, for some, rekindle the true love for soccer. Let’s not forget in those 6-7 weeks those players do not represent their team, they represent their nation, is that not a great thing? It should be!

In that light we should also see the response BBC sport had “The former Manchester United and Everton defender added that he would be “licking my lips” if he was England boss Roy Hodgson because “we’ll have the freshest ever national team going to a World Cup”” (at http://www.bbc.com/sport/0/football/31610300), you see, it is not all bad, I reckon that soon we will see similar responses from coaches and players in The Netherlands, Germany and Sweden.

Now consider the following quotes from the links used earlier: “The 2026 World Cup television rights in North America were awarded without a bid to Fox and Telemundo, who had complained about the Qatar schedule change, for which they hold the broadcast rights“, “Six European federations demanded Fifa clean up its act. Three top commercial backers, Coca-Cola, Adidas and McDonald’s, did so too” and “Of the 11 men who voted on 2018 and 2022 World Cups who are no longer on Fifa’s executive committee, only five provided answers to Garcia’s inquiry. Two could not be located at all“, it is clear that there are issues, especially when considering the part, ‘two could not be located at all’, is this for real? What, did that person go on a $600K cruise and there is no phone where these people are at (just one of a few options)? There is no question that there are issues on several sides, but there is still the matter of evidence, evidence that is either concealed or never found. The fact that the report was never released is also cause for concern, I do admit to that, but in law when we apply ‘is it more likely than not‘ can be just as easily applied to the large sponsors who see their return on invested revenue lessen to a small extent, taking into consideration that 2022 will be the first time (possibly the last time) that this happens brings for the question ‘why enable big business to this extent?‘ is a matter that is not and likely will not ever be answered, which is why, I currently remain on the side of Qatar. Sport is about the sport, whether it is local or nations playing, it is about the sport, not about the visibility of the sponsors. They get visibility because of sport, not the other way around. It is time big business learns that no matter what game they play, the sport itself remains untouchable, which also means that sometimes the game needs to be slightly more flexible. That part is also shown in regards to Fox and Telemundo, who complained about schedule change. Really? Complain now about an event 6 years away? If it is such an inconvenience, than give the 2022 rights to one of the free TV channels. I wonder how that channel will suddenly benefit from sponsors. If anything, this event shows me how corporate greed has been maximised within sports, an upsetting issue.

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December 12, 2014 · 11:44

Is it all Greek to you?

Let’s take a look at the issues!

First there is Bloomberg who on April 11th headlined ‘Greek Bond Sale Tops $4 Billion in Return to Markets’ (at http://www.bloomberg.com/news/2014-04-10/greece-readies-bond-sale-as-athens-car-bomb-reminds-of-upheaval.html), a nation with 11 million have notched up their debt by hundreds of billions, no options at present to repay it and again they are allowed to push new bonds into the market.

My first issue: I want to see a list of names of people that allowed for this. There will be no excuse, no non-clarity; they are to be presented by a panel of economists explaining the rationale for this and it should be presented live! (I wonder how long it will be until we hear ‘carefully phrased denials on lack of clarity‘ in regards to who drove this).

I already gave my view on May 18th on my article ‘Are we getting played?‘ (at https://lawlordtobe.com/2014/05/18/are-we-getting-played/), where I stated: “The investor relies on information like credit ratings (from places like S&P and Moody for example) to make an assessment on how realistic the investment is. The fact that almost a month later the quote ‘Greek lenders are likely to face large losses over the next two years’ is seen, gives rise to the question whether any upgrade to the credit rating was valid“.

It seems clear to me that Greece is unable to manage its economy, its debts and its options to repay the debts. Can we please have a vote whether Greek economic affairs should as per January 1st 2015 be managed by either Germany or Turkey (Turkey is not that great an idea, that’s just me being mean)? It seems clear to me, for a long time now, that pouring money into a hole, whilst people keep digging themselves deeper will not result in any resolution. There has been clear evidence of gross negligence for over a decade; as such other measures will be required.

The Bloomberg article states: “Greece today took one more decisive step toward exiting the crisis,” Samaras said. “International markets are now expressing in the most undoubted way possible their confidence in the Greek economy”, I state that this is not the case, Greece is nothing more than an upgraded vulture option, todays information clearly sees this, let’s just be clear, this is just a little over 6 months AFTER that so called vote of confidence.

The second part we see with “The government and European Union predict that the Greek economy will expand 0.6 percent in 2014 after six consecutive years of contraction that has cost about a quarter of the nation’s economic output and sent the unemployment rate surging” I believe we are being intentionally misinformed here. If we look at http://www.tradingeconomics.com/greece/gdp-growth-annual, we see that this year Greece’s GDP annual growth rate is growing by 1.9%, a growth of 1.5% in a year, whilst this nation is in such disarray, such debts and such levels of unemployment, there is, what I see to be an intentional attempt to misinform people. The standards used are no longer applicable. With a little over 1 out of 4 without a job, this nation is a mess; numbers are withheld, or misrepresented, not unlike the entire Goldman Sachs issue in 2010. If you doubt my word against that of those economic ‘boffins’, then look at today’s news.

 

We see ‘Grexit fears send Greek bonds and shares sliding‘, which the Guardian stated 10 hours ago. The quote “The Greek stock market is plunging to new depths, after the prime minister issued dire warnings of chaos ahead if his party were ejected from power“, as well as “Greek Prime Minister Antonis Samaras on Thursday accused opposition SYRIZA of bringing back Grexit fears and sending a message to the markets not to lend to the country by declaring its sovereign debt unsustainable“. By the way, in my view, the debt was never sustainable. When we consider 300 billion, over 11 million, we see that every Greek needs to bring 27,300 to the table, one out of four has no job, so that costs extra, as well as bring the cost per working Greek now to a little over 33,000. If the average Greek brings home a little less than 10,000, you can see that they come up short by a lot. By the way at 5%, the interest to be brought in would be 20% of a Greek income, whilst at present Greece cannot even properly budget its nations. So, as we look at these numbers, can anyone explain how Greece considers its debt to be sustainable?

Those who allowed Greece to fall in this deep hole should be made public and named, and we are talking Greek names here. Someone signed up for unrealistic debts, misrepresented presentations and the Greek government presented it. The Greek people have a right to know who were behind this titanic blunder. The fact that Austerity measures are not kept and the system is not cleaned up only helps to make a case that Greece should not be allowed to continue to be part of the EEC, because at present they are not in a small measure, the risk, which they could now enable the Euro to collapse completely.

If we consider the reasoning of a quickened election by PM Samaras and the message “Athens exchange has now tumbled by 7%, meaning it has shed 20% of its value since Samaras decided to accelerate the presidential election to next week“, we should wonder why this change is now being made. There are conjectures in play too (partially by me at this point). When we consider another (non proven source, at http://www.zerohedge.com/category/tags/greece), we see ‘Greece Suffers Biggest 3-Day Crash In 27 Years‘, here we see the quote “Did we just get a glimpse of the ugly reality hiding behind the veil of status-quo-maintaining central-bank-sponsored manipulation?“, I have written similar thoughts, but mine were not founded on economic knowledge, just on the data I looked at. One response there was “Central bankers have lied to a false prosperity and zero interest rates as if there is no risk remaining“, which is in line of what I have noticed with economies all over the EEC, I call it ‘managed bad news‘, which seems more apt, but when we see a 20% crater in what is laughingly called ‘Greek valued bonds’, my euphemism of carefully cautious labelling can be thrown out of the front door and perhaps it should be called ‘intentional manipulation for the profit of a few‘. Proving that part takes a little more time, yet those behind the curtain will not be held to account in any way, shape or form and legislating these events seems to be a large ‘No No!’ as well.

So where to look?

Well, if we look at the news CNBC gave us on November 19th, we see “Yields this week have not reached the 9 percent level hit in mid-October when negative sentiment surrounding Greece spread to global markets. However, rising debt yields do highlight that the country’s economic woes are far from over, with a crucial deadline in early December looming large on the horizon” (at http://www.cnbc.com/id/102198319), we also see the following quote “The country managed to exit recession this year and post a positive gross domestic product (GDP) figure last week, but political wrangling has continued nonetheless“, so ‘manage to post a positive…‘, positive by what standards, as well as the part ‘managed’, managed how? Through manufacturing or through manufacturing the books (aka cooking them) with possible assistance from Goldman Sachs or a like-minded institution? The lack of clarity as well as the lack of clear numbers give pause to consider how bad an idea it was to let them back onto the bond market last April.

The final part we get from the Guardian (at http://www.theguardian.com/business/live/2014/dec/11/russia-central-bank-interest-rate-hike-ecb-loans-live#block-54899bc7e4b09dc257b7f1fe), where we see “The 10-year Greek bond is now yielding over 9%, up from 8.7% last night. And the three year bond is now yielding more than 10%, as nervous investors demand a bigger premium for holding debt that matures sooner“, so from a mere 5% to almost 11%, doubling the dividends, is ‘sponsored manipulation‘ THAT far-fetched? I want to see names of those behind the curtains, they are no Wizard of Oz, they are what used to be called the ‘Gnomes of Zurich‘, yet in this day and age, they are virtual, and none of them reside in Zurich, that’s just too old school.

In the end where it their (and our) money, in the form of dividend going to?

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October 25, 2014 · 19:08

Price Waterfall Blooper

I am sad to say, I am sorry to report
we have not seen any fraud of this sort
not a win or a gain, but just sadness and pain
are the man plainly vain, they do not travel by train
it will not go to court, yet the profits fall short

as my profits progress to the basement below
as executives go, with no exit fee show
we will wonder awhile, what results they proclaim
as we now still decide, should we name, should we shame
where is the pee double you sea and its dough

So, yes, is this the beginning of arts, the limericks and the consequences of non-accountability?

You see, there is no doubt in my mind that the initial investigation is only the beginning for both Tesco and PwC. Whatever we may think, we can be certain that if Dave Lewis had NOT rung the bell, the mess would be a lot larger then it is at present. I think we should also ring the bell of honour for the whistle blower, because without it Christmas would have been the grimmest of experiences in the UK.

Let’s take a look to the last two days, when Deloitte got its report out (to some extent) as reported (at http://www.theguardian.com/business/2014/oct/23/tesco-profits-black-hole-bigger), we see a few things that do not add up.

  1. “He dismissed the idea that fraud may have been involved in the accounting blunder: “Nobody gained financially as a consequence of the overstatement of performance.”“, is that so? You see, there are a few issues that we have; I will step over one of them because I prefer to tackle that part a little further down.
  2. Laurie McIlwee (former CFO) as well as Mike Iddon require closer scrutiny. Mike was a group finance director, planning, treasury and tax. When we see tax, we see a person who will dig, trying to find any cent that is deductible, as a good FD should be, and in 13 years at Tesco, he had not seen anything? Seems rather clumsy doesn’t it? The fact that the accounting hole is a little bigger (15 million is not much when you say it fast), also came with the knowledge from Deloitte that the hole was there for a longer while, so basically, the inflated 265 million, means an inflated payment of taxation, how is that ever a good idea?
  3. So consider Tesco, the size and scope of it. They lose a CFO and a FD, and all along NO ONE at Tesco, I state again, NO ONE seemed to offer to pick up the baton for those months? Even if it was at no extra pay and only for 3-4 months, 99% of the financial industry would be chomping at the bit to pick up the baton, so that they can add this to their resume, it gets even better. It is a win won for whomever picks it up, because if that person does well, then the value of that person goes up by a lot and his/her future, whether within or not with Tesco would be a few steps on the large corporate ladder, even with nothing to gain it ends up being a win/win.

Let’s just face it, I am nowhere near next in line to take command of the 591 Signals Unit at Digby, but if I get the chance because the current commander was on the list to become Air vice-marshal, I would get there running, even if I was still in my pyjamas and was holding only a toothbrush. No matter how well my performance would be, if I made it I would be eligible for a nice challenge at GCHQ, a seriously cool way to skip half a dozen steps on that ladder, now consider that NO ONE had these levels of ambition at Tesco? I truly believe that beside the whistle blower a few more had a clear picture that taking that seat from within would turn out to be nothing less than poisoning their career.

  1. “He dismissed the idea that fraud may have been involved in the accounting blunder: “Nobody gained financially as a consequence of the overstatement of performance.”“, now we get to the issue that I have had since day 1.
  2. Consider that PwC had (a reported by the Guardian in an earlier blog) last year; PwC was paid £10.4m by Tesco for its auditing services and a further £3.6m for other consultancy work (a newer version at http://www.theguardian.com/commentisfree/2014/oct/23/guardian-view-tesco-auditing-debacle-pwc-systemic-shambles). This article now shows the following quote: “At the very least, this is a very cosy and lucrative relationship“, which slightly debunks the statement of Dave Lewis via Deloitte regarding ‘Nobody gained financially’; it depends on ‘how’ we regard ‘gain’, when the alternative is losing revenue, remaining at status quo is clearly a gain.
  3. So as we see these two numbers, let’s do a little math, let’s say an auditor makes £65,000 a year (a little less usually), so we now see that the annual fee gives us 153 auditors for a year and an additional 46 auditors for the consultancy for a year, that gives us 199 people going over the books, checking it all. No one saw anything? Now, the reality is not exactly like this, but considering that PwC is one of the big 4, we now have a clear case for some serious questions for 25% of all the large audited companies in the UK, how much taxation was not collected, how many large bonuses and incomes were honoured in such a symbiotic incestuous relationship? No wonder George Osborne has such a hard time, the deck seems to be seriously stacked against him.
  4. There is one more thought that comes to mind, but this one is, as I will happily admit, based on shallow grounds. This was all found by Deloitte in a little over a month, mainly because they knew WHERE to look. But, it is entirely plausible that the whistle-blower just knew about that one thing, what else is there and what has not been found yet?

This is important for two reasons. The first is that it then debunks the statement from Lewis, likely via Deloitte who said ‘He dismissed the idea that fraud may have been involved’, I am not convinced! It took Deloitte to find the obvious over the period of a month. We can consider that the fact brought by a whistle-blower gives weight to intently hiding, if not than this person would have stepped forward internally and the old crowd would have solved it, that did not happen. It is not unlikely that those involved hoped for a quick brush under the carpet, this circus was unlikely anything they ever desired. What was signed off on, by the equivalent of 199 auditors remains a serious issue.

This part we can see in the Guardian quote “The making up of the profits figures was not in a report signed off by PwC. That happened in August – three months after PwC had given the supermarket chain’s figures a clean bill of health. Even then, it noted that there was something potentially funny with the numbers, and expressly warned about “the risk of manipulation” – but allowed them to pass anyway“, so something potentially funny does not warrant digging? Let’s not forget they had the equivalent of 199 people for the year, so plenty of digging resources. If we add the following “It is one of the primary ways in which investors, business partners and regulators can tell the true state of the company they are dealing with“, so not only is there a link to possible fraud, the implied length of this gives reason to suspect intentional misdirection towards investors, which makes the news releases all over the papers on class actions against Tesco a plausible worry for some time to come.

It becomes a much finer point of debate when we consider the following abstract ‘Misreporting in our model covers all actions, whether legal or illegal, that enable managers of firms with low value to make statements that mimic those made by firms with high value. We show that even managers who cannot sell their shares in the short-term might misreport in order to improve the terms under which their company would be able to raise capital for new projects or acquisitions‘ (at http://www.law.harvard.edu/faculty/bebchuk/pdfs/2003.Bebchuk-Bargill.Misreporting.pdf). It comes from a paper by Oren Bar-Gill and Lucian Bebchuk, published at Harvard in 2003.

Now we add what they wrote on page 21 “3.4 Creating Opportunities to Misreport, at T=1 managers decide how much to invest in creating opportunities to misreport earnings. The equilibrium level of this investment decision is characterized in the following proposition“. after that it becomes increasingly mathematical, but behold, the initial text ‘whether legal or illegal’, so if the old Tesco gang focussed on ‘legal’, was that the reason they needed to pay an additional 3 million in consultancy (a clear and admitted assumption on my side), yet is that really too weird a thought? Let’s face it PwC signed off on books containing an additional quarter of a billion, which took some time to create.

I know that incestuous is all about keeping it in the family, but the fact that this could possible all be legal is just a little too hard to swallow.

Could it be that both Corporate Law and Taxation Law within the Commonwealth are in dire need of an overhaul? Some might say that it could be an idea to do this before Christmas, to them I say “Bah! Humbug!“, Monday the 5th of January 2015 will be soon enough. It will give Lord Blackwell, Lord Goodhart, Baroness Goudie and Lord Haskel something to look forward to as some might be enjoying a large roast with potatoes, Yorkshire pudding and thick gravy. The Rt Hon Lord Millett has done more than his share in his long career and his Lordship, as right honourably retired can enjoy a second helping of Christmas plum pudding with custard (unless his lordship prefers the challenge of making corporations a little more accountable then the currently seem to be). I would, as blogger Lawlordtobe be happy to lend a helping hand, but I never studied economy or taxation laws, so I would only get in the way, yet I remain available for assistance if need be. I do reckon that the members of the House of Lords who are members of the Joint Committee on Tax Law Rewrite Bills should consider their calendars, especially if the investigation turns out that the Financial Reporting Council (FRC) will be unable to press any criminal charges, to me and likely to all it should be clear that such levels of orchestration must be addressed!

 

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November 27, 2013 · 17:01

Two deadly sins

This is the second attempt to this story. I was still on the Sony horse when writing the first attempt. Yes, it will hurt us and it will have long standing consequences for many to come, but I realised that it was not really the story (even though the press remaining silent on it is).

Of the seven deadly sins (Gluttony, Greed, Lust, Envy, Wrath, Pride and Sloth) I only truly hate Greed! It is also represented in Dante Alighieri’s 14th-century epic poem ‘the Divine Comedy’, which actually introduces something I would like to call the 8th deadly sin, which is depicted in his 9th level of hell. It is Treason! These two sins are the most debilitating sins to consider. These sins are not against one, or against one’s self. These two sins are acts by one against many and we see the consequences every day. These are not just acts by people against people. They are also seen as acts by governments against people or even against their own nation. We must arms against these two, we must do so fast, because the liberties we lose as we allow this to go on will hurt billions and many care for one thing, they care for number one, they care for themselves!

Do not take the last sentence as an assault, I am not talking about selfishness perse, but we are in a life cycle where we are almost forced to survive. Greed and Treason pushed us there. The Dutch NOS showed us several parts in one newscast. It was the news of the 26th of November 2013. The first piece came from the news on the scale gas winning in the Netherlands. I had written about part of it in July 2013. The blog was called ‘The Setting of strategies‘ where we see that the Dutch are trying to get billions in gas using a technique called ‘fracking’. There were major concerns, but should you watch the issues, you will see that parties involved were trivialising it all to some extent. Now questions are called for a large investigation. The most interesting part is the quote they stated in the news [translated] “the NAM will not drill for any less gas as this is not a mandate handed by the stockholders“. In addition reported e-mails by the Dutch Gas drilling firm (NAM), which from their side, remarks and ‘interpretations’ seem to be taking a negative term. The mail showed that they knew that earthquakes in excess of 3.9 (on the Richter scale) were to be expected. This means that not only is this, the possible start of a class action in damages against the NAM, the NAM could be seen as a major contributor into damaging a unique Dutch landscape. Not just the land, but also the cultural heritage that the Dutch area of Groningen has. Many buildings, most of them predating WW2 are structurally damaged. It is an area that had been culturally unique for over two centuries, even by Dutch standards. Are you fracking kidding me? Stockholders are allowed to ruin the state of Groningen? So the government oversight knew this going back to 2012? So what were these investigations in 2013? Party favours? This is greed gone wild as I see it. The most important part is that the UK and the conservatives are facing similar issues at present. The conservatives are very willing to go this route. It was reported in the Guardian (at http://www.theguardian.com/environment/2012/nov/03/uk-dash-gas). The question becomes whether George Osborne has been properly instructed involving the risks he would place Wales in? If he is briefed by stockholders, the UK should take another look at these proceedings. I understand that heating is hard and very expensive, but can people continue when they are faced with long term, perhaps even unrepairable damage to England itself? Can that be acceptable? I am not a geologist, so there are elements I have no knowledge of, yet it might be realistic that many Walesians did not sign up for Shale Gas experiments when it could cost them both Cardiff and Swansea, both containing the largest population in Wales. Is Britain ready to pay for 350,000 damaged homes? I agree, that is an exaggeration, yet the true damage will not be known for some time. Perhaps there will be ZERO damage. I am fine with that, but the Dutch evidence shows that greed trumped safety and health easily. Can the UK afford such a mistake?

The second link to greed, are the changes that Finance Minister Dijsselbloem is trying to push within the Netherlands. He is aiming for commissions not exceeding 20% of a banker’s income. I think that this is a good idea. I also believe that he is on the right track. Greed is debilitating to say the least. The Dutch Union of Bankers stated that this law is not needed; there are enough rules in place. The interview with Chris Buijink, who is the chairman of that union, is not in agreement. He is mentioning that with specialist jobs, temperate commissions are to be expected. You see! We all agree, so make it no more than 20%, which is temperate enough (in my humble opinion). I, personally think that a group of Dutch banks, after the SNS Reaal and other banking issues, including the RABO LIBOR fixing issue, need to expect much stronger measures. Greed must be stopped!

This is not what he called ‘a black page’ (as Chris Buijink stated), the banking issues from 2008 onwards show that there is a structural issue with the banking industry. The fact that the Yanks are too cowardly to act (see the non-passed tax evasion act and the Dodd-Frank act for my reasoning in this), does not mean we should sit still. That part gains even more weight as we read more and more about the ADDITIONAL issues the RBS is now facing (at http://www.theguardian.com/business/2013/nov/26/mark-carney-rbs-deeply-troubling-serious). So on one side Conservatives are trying to get the economy going and the banks on the other hand… (You get the idea).

There was a video linked to this, which states “Bank of England’s Mark Carney ‘offended’ by Labour MP’s questioning“. Is Mr Carney for real? As Labour MP John Mann asked questions in regards to the ‘distance’ between the governor of the bank and the political wings. I do not fail to see that it is about quick economic restoration, the issue that it is now likely that small business got sold down the drain into non-viability to get this done is indeed an issue for concern. Why is there no stronger oversight on this? I think that it is time for governments to intervene in stronger measures. What they are? Not sure, but it should be somewhere between nationalising a bank and barring the transgressors from the Financial industry for life!

This issue goes on in another direction too. If we accept what was written by the independent (at http://www.independent.co.uk/news/media/press/royal-charter-on-press-regulation-may-be-redundant-says-culture-secretary-maria-miller-8919775.html), we see that in the end the Press might not ever be held accountable for the acts they did. Not only are they advocated in their need for greed (as in circulation and advertisements), we see that they are in a connected center of treason against both their readers and the audience at large, again as I personally see this.

How?

Well that is a fair question. As the big papers have steered clear from the Sony issues as they became visible just over a week ago, they seem to remain extremely taken with their advertisement needs and less with protecting the audience. “£3bn: the total price-tag for Christmas gadgets” is a nice tag to have and even though we see news on Microsoft and Sony all the time, those messages are small and do not hit the bottom dollar. The small technology hit “Cody Wilson created a gun that can be download and built with a 3D printer – is he too dangerous for Britain?” is a small article and iterates something I wrote many months ago. He is now linked to advocating bit-coin, which is another matter. I have not taken a stance on it. I think it promotes white washing and I personally do not think that virtual currency has a foundation, once it goes bust in whatever way it does; these people just lose whatever cash they had in it. I reckon that these ‘victims’ when they come will have no turn back and the first case against any government should be thrown out immediately. The story how Sony (and Microsoft too) will hurt an entire industry and how they are setting up the events that could stop local commerce is completely ignored. How quaint!

I see it as a form of treason, because this is no longer ‘the people have a right to know’, but ‘the people have a right to know when we see fit’. That same application can be made for the banks. If we take the RBS case, then the people involved could be seen as committing treason against their customers. Is that not EXACTLY the issue we saw in the US where we see banks setting up mortgages and then betting on them failing? Why is this not under control?

The Dutch examples are their own version of treason. A company that seems to be betraying the people living there by submitting them to intentional dangers is no small matter. This is not the end by a long shot. Treason can go further, from governments towards allies. I am not talking about Snowden, that loon is a simple traitor for personal gains (in my view). The damage he caused will take a long time to fix. No, I am talking about the TPP, the Trans Pacific Partnership. I mentioned it in previous blogs linked to the Sony/Microsoft issues, but that is small fry. The big price is the pharmaceutical industry. You see, America wants it passed soon, because of the powers this partnership gives. I will not bore you with the patent law details; the issue I see is that America is afraid of India. Apart from being really decent in Cricket (a game America does not comprehend), the Indian industry had made great strides in generic medication. With a population of vastly over 1 billion, they simply had to. The changes are mentioned by IP experts like Michael Geist as Draconian. The Guardian covered part of the TPP (at http://www.theguardian.com/commentisfree/2013/nov/13/trans-pacific-paternership-intellectual-property), the changes could impact this market into a damaging result which will go into the trillions. My issue is that Australia sides with America. Why?

America had been asleep at the wheel. Instead of opening a market, forcing affordability towards a population, we see segregation for industry against people. How bad is that? Canada kept its consumer driven approach, which is why Americans love Canadian medication. As America does not keep its house in order and they got passed by! Do not take my word regarding these parts; you should however take a look at what Doctors without Borders think. I reckon we can agree that they have always been about healing people. I consider them a noble breed. A group of physicians, who spend a fortune on an education, making less than the personal assistant for a middle manager in a small bank, which is not much to live on! At http://www.doctorswithoutborders.org/press/release.cfm?id=7161 they state “Five countries—Canada, Chile, New Zealand, Malaysia, and Singapore—have put forth a counter-proposal that tries to better balance public health needs with the commercial interests of pharmaceutical firms” As an Australian I state that Australia need to take the high-road with Canada and New Zealand, not follow the cesspool America is trying to force down our throats. In the end, I suspect that this is about more than just plain greed.

Consider that the Dow index is based on 30 major companies. Now consider that 10% comes from pharmaceutical giants like Johnson & Johnson, Merck and Pfizer. After the issues we had seen in the last 3 years, I started to doubt the correctness of the Dow (and I reported on that in past blogs). It goes up and up, but with JP Morgan Chase, Goldman Sachs, VISA, American Express putting pressures on those numbers, the three big boys (drugs) could rock the boat in a massive way, which scares Wall Street to no extent. India had made great strides in affordable medication; the TPP is now a danger to affordable medication for people on a global scale.

Greed and Treason, it is all connected and it hits us all critically hard sooner rather than later!

 

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