Tag Archives: Price Waterhouse Coopers

June 27, 2023 · 13:24

Greed driven goblins

It is nice to see that places like PwC are avoiding prison time whilst other people without an accountancy degree do not. This all started when I saw the article (at https://www.bbc.co.uk/news/business-66016270) called ‘PwC Australia sells division for 50p after tax leak scandal’ here we are told “The accounting giant has also announced the appointment of a new chief executive in the country. The move will allow the firm “to move forward with predictability and focus,” PwC Australia said in a statement.” Which reads like a little party line. We aren’t given the more realistic “In this day and age, we tried different approaches to cater to our overly rich clients and corporations to cater to their need for greed so that we can enjoy slices of Greed filled Lasagna as well. As we need our ground forces, we have decided on switching out our Chief Executive whose bonus will sustain him for the next decade.” So is my view flawed? Consider The Financial Times (at https://www.ft.com/content/97dcb050-49df-11e7-919a-1e14ce4af89b) alas behind a paywall, which gives us ‘PwC escapes censure over Tesco accounting scandal’, other sources gives us “Tesco has been found to have overstated it profits by £263m after revenue recognition irregularities were spotted in its half-year results, with regulators including the Financial Conduct Authority (FCA) set to decide on a suitable punishment.” The reason for this is that the Tesco Scandal (the accounting one) was in 2014, in almost 10 years they (and the courts) never learned and never achieved (nearly) anything. That conclusion comes from the fact that you do not become Chief Executive overnight and Tesco was 8 years ago. This is not some case of being creative, this is bending black letter law to the maximum effect. It is about what a company can get away with and that is a failure on a few levels. 

So when we see “The ex-partner, who was advising the Australian government, had shared drafts of corporate tax avoidance laws with colleagues, who used it to pitch to potential clients. The leaks occurred between 2014 and 2017.” We will be given a new stage. You see, for three years PwC enjoyed a stage where they could go beyond simple advantage for THEIR customers all whilst courting the government for having a ground zero in corporation tax avoidance laws. This is not a small problem. With “Earlier this month, PwC Australia said it had identified 76 current and former partners linked to the scandal and handed their names to Australian lawmakers.” As I personally see it this is not small small group, it is a large cluster of people connected to the PwC and I am willing to bet the house that the size of this group allowed certain people to remain insulated from the fallout. I agree it is speculative, but in light of of the activities by PwC since 2008 I feel that I might be spot on. We see a whole barrage of articles by Accountancy firms making accusations, but we see an amazing lack of action. As such the ‘punishment’ of “sell its government business for A$1 (50p) after a scandal over the misuse of confidential government tax plans” reads like a bloody joke. It leaves the orchestrators free form prosecution, it leaves them with their income, their bonus and a rich life to come. It is perhaps the clearest piece of evidence that in this day and age Crime Pays, even more than an honest day work.

Enjoy paying most of your coin to afford a cup of coffee today.

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February 6, 2015 · 00:14

A basket full of trash

Have you ever had this? I am not talking about the Christmas or the hospital basket. No, I am talking about those ‘greeting’ baskets you get. One of these: ‘welcome new member’ baskets. You accept them with a smile, whilst you know you are getting a bag full of goodies that have value that is close to zero. Now we get these baskets from book clubs and other longer term commitment places, none of this is a big mystery to many people, because at some point, we all get confronted with this basket. Now, let’s change the game a little, now we consider the same basket, but in this case we don’t look at some two bit online retail vendor, now we look at Price Waterhouse Coopers.

That part is seen in the Guardian as per today. Let me refresh you on some of the facts, for that I will take you back to my blog from October 25th 2014 called ‘Price Waterfall Blooper‘. In there I wrote the following “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)“. Now when we add today’s information, information I quite honestly never considered: “The Groceries Code Adjudicator, Christine Tacon, announced the move, saying she had formed a “reasonable suspicion” that the retailer has breached the Groceries Supply Code of Practice“. Now, let’s take a quick look at this so called ‘code of practice’. First of all, the information is found here: https://www.gov.uk/government/publications/groceries-supply-code-of-practice. The fact that this is on a dot Gov dot UK site should indicate that this is the serious stuff. So this code of conduct states at 4.1 PART 4—PRICES AND PAYMENTS, the following: 5. No delay in Payments and at 9. We see Limited circumstances for Payments as a condition of being a Supplier. This is just two of a long list of a code of conduct. The reason to mention these two is the question that follows. ‘How come the auditor was not aware of these facts?’. These are not just simple facts, they are codes of conduct, and can someone please explain to me how this is not raised by the firm charging close to 14 million pounds for one year of work? There are two other parties who are about to see the limelight. Party one is the Press. You see, I was following part of this since last year October, yet, I do not remember seeing the press being awake on these facts. I have a decent excuse living on the other side of the planet and the fact that these elements are not part of my Master of Intellectual Property education, yet the press, Pricewaterhouse Coopers as well as whatever legal aid is out there in UK farmland, it seems to me that too many people were not paying attention at all. There is actually a third side to this. I missed it initially, but when you look at the Guardian on October 23rd (at http://www.theguardian.com/business/2014/oct/23/tesco-black-day-profits-down-92), we see the following: “Tesco claimed that the rogue accounting practices – which relate to how the supermarket banks payments from suppliers – dated back at least two years“. Now consider again the government side that states ‘Guidance Groceries Supply Code of Practice, Published 4 August 2009’, so the statement and the fact that there was a code of conduct out for half a decade, did no one consider that there were additional issues that might rise?

Who on earth is running PwC in London? More important, what on earth is mentoring these wannabe’s? I have good right to speak in this manner. This took me 5 minutes to figure out when I got wind of this small fact, the fact that PwC, the Press and others were not all over this from day one is a little too weird for words. Consider the people that quickly left Tesco when the water got slightly too uncomfortable. Should they have known? I’ll let you answer this question for yourself, but now also consider that the auditors did not make mention in reports on some of these parts, they DEFINITELY should have known about the codes of conduct for the simple reason that part of this is linked to the pesky rules regarding payments and so on. What else did these people miss? More important, consider the date I mentioned (October 23rd), now consider the Deloitte report, was this part in that report? If not, consider that they had to check on these ‘miscalculations’, as we see the mention ‘rogue accounting practices‘ and ‘payments from suppliers‘, did no one consider looking under rock number two? Granted that Deloitte did not get much time, but as we see that suppliers were part of the mix, did no one mention the question ‘What about the Groceries Supply Code of Practice? Do we need to consider any issues there?‘ Did that question seriously not come up?

Now consider my blog from October 13th called ‘A matter of Jurisprudence‘, there I wrote the following “company secretary Jonathan Lloyd, who advises the board on legal and governance issues, had resigned and was serving out his notice until March 2015”, the second one “Ken Hanna, chairman of Tesco’s audit committee, is also set to step aside as a non-executive director as the company’s chairman reshuffles his management team”, which was shown from several sources. Now consider the fact that we see Jonathan on legal issues and Ken as part of the audit committee, they should have known about the ‘Groceries Supply Code of Practice’, which now gives an entirely different light into their departures. So was PwC completely in the dark about this? If the answer is yes, then my next question should be ‘why are they allowed to be auditors?’ Is that such a weird question to ask? It is a code of practice, not a fraternity paper on how to score, so I reckon, especially as it has financial sides, the auditors should have taken a look, moreover, Deloitte should (they might) have reported on this. The fact that the press is only now revealing these events calls for additional questions, but their fumbling is not part of this article, the fumbling of accountancy firms a lot more, for the mere reason that the code states at 5. “A Retailer must pay a Supplier for Groceries delivered to that Retailer’s specification in accordance with the relevant Supply Agreement, and, in any case, within a reasonable time after the date of the Supplier’s invoice“, which should have been part of the financial checks, can we all agree on that part?

And as we take a better look at this basket (have you figured it out yet), we see that the players were in a lot deeper than initially suggested. This cesto, has harboured information, misinformation and above all else, a lack of illumination of the facts as is. First there is Tesco themselves, the latest information shines a harsh light on several members who have vacated their office, in addition there is the case I made on October 13th in my blog ‘A matter of Jurisprudence‘, where I mentioned one person (Rebecca Shelley) who would have been at the centre. The mention on the Birchwood Knight site was “As part of her corporate affairs role, Rebecca will be responsible for government and media relations, investor relations, internal communications and corporate social responsibility“. Rebecca’s job hits ‘government relations’ and ‘social responsibility’. How come that this ‘Groceries Supply Code of Practice’ remained so below the radar?

So when we see months of reporting and we see the lack of mention of this so called ‘code of practice’ we also see the mention in today’s article “Business secretary Vince Cable said: “This is an historic day for the groceries code adjudicator and shows we have created a regulator that has real teeth“. Who is this Vince Cable catering for? You see, if this statement had been given before December 1st 2014, then there might have been a case, at present the act of mentioning it months after going live is just another presentation of a sad story on how some people could be seen by many others as some parties remaining silent hoping to make a bundle down the track.

So I reckon that Tesco will have to sweat the small stuff for some time to come, however, the more we get to see at present, the less clean the image of PwC seems to be. In the case of PwC it will become a case that is worrying on several levels. Not only are the looking for hardship over what was done, as per now it seems that PwC will be scrutinised for the things they did not do, not properly oversee or missed altogether, as per today it sucks to be the senior account holder of the Tesco account, because the fallout will continue for a decently long time to come.

So as we see the basket (also known as a cesto) filled with the trash of information, wrongful acts and none acts, can we all agree that we got a whole lot of nothing, an act that will have severe repercussions and not just legal ones! Does anyone remember this Warren Buffett fellow and how he lost 2 billion in value? If we combine what we have seen so far and add the part that I discussed in October regarding the Chadbourne papers, I can repeat that quote: “that directors of companies must make certain disclosure statements in the directors’ reports. This applies not only to information which the officer actually knew of but also information he would have known about if he had conducted a reasonable enquiry. However, the provision goes further and requires the director to confirm that, so far as the director is aware, there is no relevant audit information of which the company’s auditors are unaware”. This now brings an entirely different light to the Groceries Supply Code of Practice, moreover, it could be suggested that Warren Buffett now has a clear case in legally reclaiming his losses, consider that the US has the Sarbanes–Oxley Act, after Enron, which took care of the power players real fast. The UK has the Corporate Governance Code. I reckon that it is not too far-fetched that Mr Warren Buffett could be offered a deal for his lost two billion. If so Warren, remember this poor blogger and I feel so much better getting to work in a new Jaguar XK, in British racing green of course.

 

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September 30, 2014 · 22:57

Thriving Team Tesco?

Another day, and another moment where we see the Guardian (amongst others) giving us more news on the corporation Tesco. I will be honest, I have a soft spot for Tesco, the moment issues became visible both the CEO and CLO went all out keeping everyone in the loop. It started exactly a week ago, someone miscounted 250 million to coin a phrase. People were removed and all kinds of actions were started. A few days ago in the Guardian (at http://www.theguardian.com/business/2014/sep/28/tesco-crisis-doesnt-add-up) we see additional information.

So what can be done?

First of all, we need to take one additional look at a few items. You see, as stated more than once, I am not an economist. Now I know that minus 250 million is not a small amount, yet, the article states “its profits for the first six months of the year would be some £250m lower than the £1.1bn previously indicated“, which means that they are still getting 750 million in profits, which is a lot. So why is Blackrock ‘suddenly’ pulling out like that? The shares will bounce back! That is at the heart, the fact that the shares took such a tumble, whilst making a decent profit. Let us also keep in mind that the investigation is still ongoing. I touch on one side in ‘Double Jeopardy!‘ on September 27th, less than a day before this Guardian article. In there I ask the question “I stated before, what if this was not about the event, but about the orchestration?” Is that what is going on? It is a sincere question, I do not know, yet for a company to have a lesser profit, there would be consequences, yet would it be to the extent we are seeing here? Seems like a massive overreaction in my view.

Now let us get back to the article.

“The chairman has been the leader of this organisation that seems to have failed at every turn, was the assessment of David Herro, chief executive of US fund manager Harris Associates“, perhaps this is true, yet he is not there alone, why are the other members of the board not speaking out? This is not a boys club where you wash my back and I wash yours….real hard!

So, there seems to be a few issues, yet, this is at the top, so this means we are looking into several layers before we get to lower management. Either they have no clue, or they do not care. I am actually puzzled by the thought on what might be worse. What is a given is that Tesco is bleeding. Unlike those paperback investors, I like a puzzle and I want to solve it. How can this be turned around? First of all, to create places of peace, certain issues need to change, with the unemployment numbers, these people can either get on board, or leave the company. Greed will be stricken. Which means that this quote “The list includes disputing or delaying payment of invoices for more than 120 days; cutting a product’s price and then demanding compensation to maintain the profit margin; and demanding upfront payments in exchange for hitting sales targets that do not materialise” this can no longer be a method of operation. To get Tesco safe, the board will need to change methodology and remove anyone who is not on board; in addition, payment delays should be trimmed back to no more than 60 days. It is just absurd to get payments settled outside of the quarter to that extent. To truly become a contender, why not revamp Tesco Mobile? iiNet went from ‘seems to exist‘ to the number two in the Australian market by offering ACTUAL deals they left the rest behind them almost overnight, this means a mobile, not unlike the current offers, but with 1Gb data at £19.90 a month, Now we are starting to build a customer group! As I look at the different business groups, Dave Lewis might want to change a massive option, if they allow for the iiNet approach in the UK, Tesco Mobile could become more than a contender. Some might say that at this point it is not a good idea to make large changes. I disagree, this is the best time! As some of the rats are leaving the ship, why not upgrade the ship from cargo vessel with passengers, into a ferry with a large cargo hold. As you grow the passenger, all needing your cargo, you will offer a massive footprint with a loyal based cloud transporter. London is one of the largest mobile workforces on the planet. Use this as consumer strength!

There are a few more Australian approaches that could rock the foundation and make the future a stronger reality. It starts by changing the entire premise on how business is done. The Tesco bank seems to have overlooked options for both funeral insurance as well as the Wester Union approach, which many banks are overlooking, yet such a presence to such a service makes perfect sense in a shopping mall/supermarket. Consider that Western Union made over 5 billion in the last year, this gets us a net profit of around 14%. In the end good business is where you find it!

There are a few other options, but overall. There are several things Tesco can do, even if it was for the sheer fun of seeing Blackrock lose out on a good deal. If profits were lower than now this presently seems to be a likely fact. The reaction that some have now pushed for seems too much overkill, especially when you realise that they are measuring events and Tesco is in trouble, but not in the size and scope that Neil Woodford and Blackrock seem to imply it to be. Consider that Blackrock has over 4.5 trillion dollars in Assets under management. 250 million seems like a mere drop in the ocean. So, that there is no misunderstanding! The assets under managements represent 4,500 billion, the adjustment for Tesco is 0.25 billion,

Yet, instead of whinging about that part, why can we not do something to strengthen the Tesco position? It is all good and fine to be the sideline quarterback and comment on every aspect of the game, but what can be done to get the game going and to improve the game? One idea is to see if the Australian iiNet solution could work in the UK. It is only one of the options and that would lower mobile expense tensions by a roughly stated 57%, so the numbers are all on a level where the top 6 mobile and broadband providers will feel a new level of pain as they see their people run towards the upgraded Tesco Mobile provider.

It would be a start, but will it be enough?

No matter what we do and the amount of ‘more’ we create, there are fundamental issues that need to be addressed. How a company decided to run without a CFO for that long will be cause for questions, and perhaps even cause for investigations into criminal negligence. Consider that a company is set to structure, order and reporting pressures, how can a firm be without a CFO for six months? This is not at the heart of the matter, yet there is an overall level of concern in that mere part of the entire mess. In addition the quote “Although the investigation into Tesco has only just begun, analysts think the Albert Heijn scandal, which had woeful corporate governance and aggressive earnings management at its heart, provides an interesting history lesson, if nothing else.” Is that enough? There is an overly eagerness to appease shareholders and stakeholders far beyond the point of acceptability. If you consider opposing that (which might be valid), then consider how the numbers had been inflated by 29% just to keep the wealthy masses happy.

So, improving Tesco will require another level of changes. That part is seen in the Guardian article by Aditya Chakrabortty (at http://www.theguardian.com/commentisfree/2014/sep/29/tesco-accountants-auditors). It is quite a witty style of writing and well worth the read. One of the more interesting quotes was “He found a bunch of men well aware of the boredom of the audit and of the shortcuts they were forced to make“, so how does that work when we consider “Tesco paid PwC £10.4m in the last financial year – plus another £3.6m for other consultancy work“. Was that not enough? You see, this reminds me of some conversations I had in the 90’s. How short sighted Americans truly believed how business can grow, with the same staff, by 20% annually. Prices had to remain the same, to remain competitive. But as short sighted as they were (being sales people); they forgot that the time of a consultant is finite. It is measured in time (you know, that pesky 60 minutes in an hour scale), so as they are set at 90% billable, it means that by year three you’ll have to work an average of 57 hours a week (whilst getting paid 40 hours). It seems that there are levels of short cuts set into place to get results completed, whilst there is no proper investigation on the amount of work that needs to be covered. It is only one cog in the entire failing machine and if Tesco is to stand up from this, illustrating and changing the entire approach to how accountancy is done seems like a logical next step, especially considering that the PWC pass never spotted 29% of inflation somehow.

It is my opinion that the entire system has been duct taped for far too long. This now falls back onto the desk of the Chancellor of the Exchequer George Osborne.

You might ask why.

It is clear that Tesco is the most visible one, but I feel 99.5336% certain (roughly) that they are not the only one. As the British Cabinet minister responsible for all economic and financial matters, it stands to reason that if the economic recovery is to be preserved and maintained, we will need to make certain that not too many sheep fall of the paddock. This means taking a look into these regulations and more important, if (according to the article) 90% of all audits is done by the big four, seeing 25% fall of the reservation should be ample reason to forego sleep for the foreseeable future (sorry, Mr Osborne, that is why they pay you the extra £26.90 a week!).

It is clear that actions need to be taken, but it is also pretty curious how there is a massive amount of bashing on Tesco, whilst PWC is not getting the spotlight as much, can anyone explain that? Let’s be clear here, it is very possible that this is all due whilst PWC has not been involved at all, so this is not about their optional guilt, it is however valid to ask how some involved thought of pulling this off, it seems that a whistle-blower started all this, yet did no one else notice, did PWC (Price Waterhouse Coopers) have ZERO visibility that something was going on? And, let me be clear, it is very possible that nothing was visible at their last audit, which means that these systems had to be orchestrated and specifically edited to not raise flags, mainly because 250,000,000 is just too much, it would require over 5 billion rounding issues for this to be validly invisible, I reckon we can ignore the likelihood of the latter scenario.

Can Tesco become a team again? Yes, but it requires a massive sanitation of the board of directors as well as the higher managers. One final thought here, they were without a CFO for 6 months, was number two in that hierarchy (whomever reported to the CFO) not on the list, the longer I consider the facts and the numbers, the more I feel that this has been going on for some time to inflate something to this amount, did previous audits not pick anything up?

Can Tesco be a team again? Yes, but compartmentalisation needs to be removed, there needs to be overlap of high directors as well as a fundamental change in communications.

Can Tesco thrive again? I would think so if the previous two points are dealt with and adding the iiNet solution to Tesco might be needed sooner rather than later.

By the way, Mr Lewis, if you read this, consider that this mess came about whilst Philip Clarke made £1,171,000 a year, I reckon that my good insights and ideas are worth a mere 20%, especially if my Tesco mobile solution helps you gain more momentum in the mobile field.

 

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