Tag Archives: PwC

August 30, 2015 · 11:54

Medici decided to do Shakespear

All the world’s a stage, and all the men and women merely players; they have their exits and their entrances. This is what went through my mind when I saw ‘Phone hacking: CPS may bring corporate charges against Murdoch publisher‘ (at http://www.theguardian.com/uk-news/2015/aug/28/phone-hacking-cps-may-bring-corporate-charges-rupert-murdoch-publisher) this morning. You see, the phone hacking scandal is not new, this started in 2011, and now, 4 years later the CPS decides to get a clue (or was that gives a toss?). It matters not where they are at, the news as given seems to be the aftermath to the party someone seemed to have missed. The question becomes, who is the mad hatter? Is it the one giving the party? Perhaps that label is attached to a notion, a gimmick or even an organisation. It does not seem to be an individual. Let’s take a look at the story, you see, this is the fact of writing on the mad hatter “The Hatter explains to Alice that he and the March Hare are trapped in a never-ending tea party because, when he tried to sing for the Queen of Hearts at a celebration, she sentenced him to death for ‘murdering the time’. He escaped this fate, but Time, out of anger at his attempted to ‘murder’, has halted himself for the Hatter, keeping him and the March Hare at 6:00 pm forever“. If we paraphrase ‘murdering time’, we could get ‘wasting time’. But whose time was wasted? Is one of the players really a mad hatter? We no longer use Mercury in the fabrication of hats, but the issue remains, this article reads like it is something else entirely. I could go on with the March hare, but I think I am already getting through to you. The question becomes, who is Alice and why is she at this party?

There are two quotes, one following the other that gives way to my thoughts “The Metropolitan police handed over a file of evidence on News International – now renamed News UK – to the CPS for consideration after an investigation stretching back to 2011, when the News of the World was closed at the height of the scandal“, which gives us, why is the CPS only now taking a ‘better’ look? 4 years later, is that not odd? Then we get “We have received a full file of evidence for consideration of corporate liability charges relating to the Operation Weeting phone-hacking investigation”, which implies that the CPS and other players never looked at corporate liability charges the way it should have been looked at. This now gives us loads of questions and it should leave you with the question ‘What exactly was behind the looking glass?’ Who was looking, or better stated, who was NOT looking.

The quote “The CPS decision comes six months after the US department of justice told Murdoch’s company it would not face charges in the US” leaves the impression that the actions of the CPS have been in very bad taste, the rights of the people had been violated with impunity and only after the press at large felt the impending dangers that their time of abuse was over (due to the Levison report) did they dress up like debutantes, eager to take whatever was ‘thrusted’ into them to avoid losing ‘their’ power base. All the efforts in how they claimed that they would be worthy of self-administration, worthy to remain ‘unaccountable’. The ink had not even dried on the verdict when we got to read about the ‘suicide mission’ of Malaysia Airlines Flight 370.

Only now do we see that Murdoch’s company ‘could’ be prosecuted (that does not mean it will be successful) regarding corporate liability. I am not buying it. When we consider the subtitle ‘The Serious Fraud Office (SFO) is set to interview former Tesco chief executive Philip Clarke as part of its criminal investigation into the supermarket chain‘ (at http://economia.icaew.com/news/august-2015/sfo-questions-former-tesco-ceo), whilst the news remains massively silence regarding linked party Pricewaterhouse Coopers, we have to start asking a few very serious questions. Yet, the article also tells us: “the Financial Reporting Council launched a probe into the roles of PwC and various members of the accountancy profession involved in the preparation, approval and audit of its accounts“, we should worry if any of this will go anywhere. The entire Tesco matter was a six billion plus pound drop on the economy. Not the smallest of events, yet no serious investigations, or if there is, the press is steering clear of all this, which is another oddity entirely.

Yet 10 days ago, we see “The FCA has dropped its probe into Quindell after the Serious Fraud Office launched a criminal investigation into the business and accounting practices at the insurance technology firm” with the added “In May Quindell announced that PricewaterhouseCoopers had completed an independent review of a number of its accounting policies”, as well as “PwC also identified that some policies were not appropriate. Quindell’s own review confirmed PwC’s findings“. Are the involved players playing footsie (the use of involved is intentional, this game had more than two players), or are we seeing the start of a new dance, one where in the end, no one goes to jail and no one loses anything, other than a few slapping of the wrists.

So how does this all links? Well, it doesn’t link, they are separate entities, but the given is that we are watching several plays where pretty much all the actors will get away with murder and as the cadavers on stage are real, the people go home reflecting on how realistic it all looked, not realising that we watched games with actual casualties.

Are we facing the beginning of a new Machiavellian play here?

The quote “A source familiar with the original investigation said there could be an element of politics in the transfer of the file. “My best guess is because nobody in the police has the bottle to draw the line under this, they have just passed the buck on the CPS” gives us something to ponder. The CPS website gives us this: “The statutory role of the Crown Prosecution Service is to advise the police in certain circumstances, and to conduct criminal prosecutions. The police provide evidence and information to enable the CPS to carry out these statutory functions“, which gives us the thought ‘if it is statutory, why was this not done sooner?‘ So why did this happen after such a long time, why was the CPS not chomping at the bits on day one that there was a clear issue with the news of the world? In my view, we need to consider that there are more elements in play. Political elements. It is merely a speculation from my side. I would think that cases like Rolf Harris and Jimmy Savile prosecution elements would have learned their lesson, but that does not seem to be the case and face it, this is about money, nothing sexual sexy about it, so the press does not seem to care.

The only question becomes is this truly about going after Murdoch, or is this about tying down resources so that they do not have to go after PricewaterhouseCoopers? My side on this is purely speculative, but consider the fact that the CPS has 8000 man and the fact that the SFO would be (read should be) looking at PwC, the fact that the press steers clear of it is weird to say the least. The Tesco mess will take a long time to unravel, the fact that it is kept away from everywhere is a matter of concern to all.

That is where we are at. So there was no typo at the start, we are watching certain people wield a spear, it is thrust at certain players who will most likely survive and it seems to be for the benefit of theatrics and ‘non-convictions’. Even now, as we see PwC named in linking to Quindell, the press steers clear form PwC regarding Tesco. So in all this, what is wrong with the picture we see, moreover, why is there ‘suddenly’ (implied it is sudden, it is not a given) an investigation 4 years later, one that seems to have been activated as the Americans pull away, which beckons the question why the CPS waited for the American parts in the first place.

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Tagged as Alice in Wonderland, CPS, Crown Prosecution Service, DPP, FCA, Jimmy Savile, Machiavelli, Mad Hatter, March Hare, Murdoch publisher, Operation Weeting, Philip Clarke, Pricewaterhouse Coopers, PricewaterhouseCoopers, PwC, Quindell, Rolf Harris, Rupert Murdoch, Serious Fraud Office, SFO, Tesco, Through the looking glass

August 16, 2015 · 22:47

Hunting for a fee

It has been a mere week since we saw the message from some ‘experts’ on the daughter of David Beckham. What I would call a beyond acceptable choice on the media and its non-stop pursuit of what we consider to be values. It does so whilst doing whatever it can to get ratings, to grow circulation. A tsunami of what we call ‘the Glossy invasion‘.

Yesterday we saw (at http://edition.cnn.com/2015/08/14/opinions/arbiter-royal-photos/index.html), with the title ‘Can UK royals win battle against paparazzi?‘ In my view there will be no battle, as we see the quote “While aides were quick to praise the British media for not printing illicit photos, they issued their strongest warning yet to those who choose to forgo decent editorial practices” as well as “Many would argue that all children, not just those who are royal, should be allowed to play free from the prying eye of a photographer intent on financial gain, sequestered in the boot of his car and equipped with a long lens“. It comes with the final mention “how do you mandate a global press“. Which in my view is very easy, you wage war, plain and simple!

For the larger extent the media has shown themselves to be little more than the mere equivalent of a prostitute with the moral compass that is significantly worse than that of a crack dealer.

But is this the extent of it? Are we overreacting? Let’s face it, pictures are taken every day, we photograph celebrities every day (when we can), but to what extent will we ignore a person’s right to privacy? Many like me, we will bump into the odd celebrity at times, hoping to get a picture or a selfie, many will oblige, take the time and effort. Yet not all are in that mindset, especially when they feel unready to face the scrutiny of the lens. Some will try this at red carpet events when the stars are all ready to be photographed. So those moments are often easy moments to get the star we would like to snap for that Kodak moment. The Paparazzi is another matter entirely. They have always been in the news and when it comes to Royal families, these people tend to go completely overboard. I still personally feel that Lady Diana Spencer was murdered by the paparazzi. Now we see that her grandchildren are increasingly in danger by perhaps even those very same paparazzi.

So is this real danger or alleged danger?

This is a question that is more than just a mere legality, history has shown that extremists will take any chance to propel their own agenda at the expense of anyone else. Which means that for these extremists, the children of the Duke and Duchess of Cambridge would be regarded as legitimate targets and as such the paparazzi could be intended or not aiding said extremists. In my personal view the quote “London’s Metropolitan Police soon after released a statement saying protection officers had to make split-second decisions, and photographers using covert tactics ran the risk of being mistaken for someone intent on doing harm” (source ABC at http://www.abc.net.au/news/2015-08-15/royals-increasingly-dangerous-tactics-photograph-prince-george/6699632) is something to ponder. In my view (again a personal one) shooting one of these paparazzi’s ‘accidently’ might not be the worst idea, it seems that when these individuals realise that whatever they do comes at a cost of life, their moral compass tends to reset towards what keeps them alive.

Yet this is only the introduction to an article that graced the Independent on Saturday (at http://www.independent.co.uk/voices/prince-george-and-the-paparazzi-deferring-to-the-long-arm-of-buckingham-palace-10457349.html). Here we see the quote in the subtitle: ‘the former boss of Hacked Off, a critic of press intrusion, says this time the royals are expecting too much protection‘. Is that so?

Consider this quote: “along with the carefully posed images of George holding his baby sister, Princess Charlotte. The “bad” photos, to be clear, might look cute but they’re not, since they were taken by unauthorised photographers. These pictures are so bad, in fact, that the police have warned anyone taking them that they risk being shot. Has everyone taken leave of their senses?”

I am not sure whether they have!

You see, I personally have the skill to take someone’s head of at three times the distance of what my large lens can do (the 200mm I could afford), so when a paparazzi holding a shoulder mount for their camera, could at 300-600 meters easily be mistaken for a rifle, the Leupold VX-3L 6.5-20x56mm is the size of a Canon lens, so I feel quite outspoken that the police has not taken leave of their senses!

Yet my view in all this is not even that side, it is not the ‘morality’ of the paparazzi, even though they rank up there with ice pushers on a schoolyard. This is not about them trying to get the shots of an adult, this is about children, royalty or not! That part does not matter. Just as another article that saw us in defense of David Beckham’s little princess, is setting us off in equal measure here.

This is not merely about a child with a dummy. This is about what was behind that. Let me re-iterate that. Several sources state “The comfort from sucking on a pacifier provide security and comfort can reduce the amount of stress a baby experiences“. I am not stating that I know why the Beckham’s were in that article, the entire dummy (read pacifier) could be about his little girl not feeling well, yet I feel certain that the paparazzi are leaving their own mark of stress with these children. We all have a direct need to keep children safe, those who cause a child to be in distress can find themselves suddenly surrounded by people wanting to do those transgressors harm and on our scale in general, a paparazzi does not really score that high and after what happened to the grandmother of Prince George and Princess Charlotte we see even less reasons to go soft on those paparazzi.

In my view, the courts seem to have gone overboard to protect the media in the past. When we look at Von Hannover v Germany [2004], we saw that even though an injunction was granted, we see that ‘allowances’ are made for public figures. We tend to get the following “a public figure does not necessarily enjoy the same respect for their private life as others, as matters of public concern might justify the publication of information about that person that might otherwise interfere with the right to privacy“, yet in this light, clear consideration must be given to children, especially those under 17 to be regarded out of bounds. If we can accept that Harper Seven Beckham is showing possible signs of stress, stress that could very well be brought through unbalanced and unwanted exposure to the media and strangers, the law will require additional tightening, especially in regards to the right of privacy and additional optional prosecution to those invading that privacy.

In the case of the very long lens that case is much harder to make as the perpetrator is nowhere near the victim, yet in that same case, in the case of Prince George and Princess Charlotte, the possible interpreted danger to their lives by the people assigned to protect these royal members, to them the option arrives that any threat to the royal family must be met with deadly determination if need be.

As such, responding to the allegations in the independent, no one took leave of their senses. Some took leave of common sense for money and that tends to come with a consequence. Yet the article in the Independent is quite good, it asks valid questions. When we see “People are allowed to take pictures in a public place as long as their behaviour doesn’t amount to stalking, in which case it could have been dealt with under the Protection from Harassment Act“, this is a valid point. But in this case there are two additional elements. The paparazzi could easily be mistaken for a Predatory stalkers, an individual spying on a victim in order to prepare and plan an attack, which led me to the extremist link. A side that the writer of the article should have mentioned more prominently. In addition, this is not against adults, this is against children, a group that deserve additional layers of protection, no matter how public a figure their parent is, or both of them are. A situation that applies to both the Duke and duchess of Cambridge as well as the Beckham’s. The Independent does raise parts again when they state “The couple may fear a terrorist attack, but that’s a reason for reviewing overall security, including the wisdom of allowing George to play in a public park“, which again is a fair enough statement. Yet in equal measure is that until that fear is reasonable, having children to be a child everywhere is a given right to the child and as such we, not the child will have to make allowances, including an extended right to privacy and security. A side Niraj Tanna seemed to ignore for what is likely to be founded on income, not any greater good.

So does Joan Smith, former executive director of ‘Hacked Off’ have a case here? She brings it well enough, but in my view, elements are missing. No matter whose children they are, children are entitled to extensive layers of protection, especially against paparazzi and outside (read non family based pressures). Even if these hunters take their respectable distance, the pictures will haunt them forever, they will become the object of extreme obsession to some, which tends to go wrong at some point.

In light of consenting to photography, the ‘non-consenting child’ seems to be the factor that many seem to ignore. Media law is due a massive update on a global scale, we have catered to what people regard as ‘freedom of the press’ for far too long, a press that seems to take a wide berth around PriceWaterhouse Coopers and Tesco issues (the PwC side of it), or the SFO matters connected to all this. Now, we can understand that that issue is not something that is of interest for the Glossy magazines, but the media is for the most not some little magazine. They are conglomerates. Companies like Bauer Media and VNU can invoke pressures that can paralyse governments. They control dozens of magazines that can change public opinion in a heartbeat. They only way to deal with this is to adapt laws that give added protection to media exploitation of children, whether they come from public figures or not. In addition it is interesting to raise the case of Paparazzo Richard Fedyck from April this year. The quote “The Vancouver celebrity photographer faces charges of assault with a weapon, dangerous operation of a motor vehicle and criminal harassment. He made his first court appearance after arriving hours in advance in a bid to avoid cameras and media” gives us the clear view that the paparazzi tends to be camera shy. It is equally hilarious that we get “his defence lawyer Jonathan Waddington immediately asked for a ban on publication of the court proceedings”. Irony is such a lovely dish at times (at http://www.cbc.ca/news/canada/british-columbia/paparazzo-in-ryan-reynolds-hit-and-run-case-makes-court-appearance-1.3053082). So it seems that privacy is treasured by paparazzi when they are the focal point of issues.

It is high time that some legal media matters change as soon as possible, especially where it concerns children.

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Tagged as ABC, Bauer Media, CBC, CBC Canada, children, CNN, David Beckham, Duke and Duchess of Cambridge, Hacked off, Harper Seven Beckham, Joan Smith, Jonathan Waddington, Lady Diana spencer, London's Metropolitan Police, Niraj Tanna, Paparazzi, Pricewaterhouse Coopers, Prince George, Princess Charlotte, Protection from Harassment Act, PwC, Richard Fedyck, Tesco, The Independent, VNU, Von Hannover v Germany [2004]

August 5, 2015 · 23:46

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.

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

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

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

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

That final statement can be easily proven.

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

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

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

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Tagged as BBC, Benford, Benford’s Law, caltech, Data Analytics, Deloitte, Financial Times, PwC, RBS, Royal Bank of Scotland, SFO, Sir Philip Hampton, Tesco, Wall Street Journal

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 10^th 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

Leads
Contacts (the consequence of a lead)
Forecasting (the consequence of contact and the push for sale)
Sales registration (Scopus, Salesforce, SAP)
Accounting
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 30^th 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 22^nd, 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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Tagged as ABC, Adam Spittler, Australia, cooperbrouard.com, Deloitte, Fannie Mae, Freddie Mac, GAAP, google, IBM, IOOF, Japan, Keith McCarthy, Koichi Ueda, KPMG, lawlordtobe, Luke Sayers, Mike Ciklin, Olympus, Pricewaterhouse Coopers, PwC, Richard Bove, Sasaki, Serious Fraud Office, SFO, Tanaka, Tesco, the Guardian, Time for another collapse, Toshiba, UK

June 12, 2015 · 11:18

It is today!

We can boast, we can make all kinds of slogans. Like ‘Do you feel lucky, punk?’, ‘The writing’s on the Wall!’ or ‘If at first you do fail, whinge, whinge again!’

We can make all these boasts and claims when it comes to Greece, but there is symmetry in mine: ‘It is today!’

You see, in my previous blogs involving Greece, too many to just mention them all here, but Google ‘Lawlordtobe Greece’ and you’ll get a nice list! I stated clearly that Tsipras was out of his league. You cannot play the high stakes he did and not given in on several fields. Banks will not allow that, they were dealing with what they thought was an adult population (previous Greek governments) and ended up at the table with a petulant child (this Greek government). How did you think it would go over?

By the way, Greece lost a lot more than they bargained for, as the interest bill kept on going, as the bills were still due. Syriza and their approach of inaction has cost the Greek people already 11 billion in interest, an ongoing cost that would not be set still, so the 7.2 billion in bailout does not even cover the interest bill, let alone the additional costs that have matured. Tsipras and his gang played a game of solitaire, taking a day for every move, a game with 8 visible elements. Cost to the taxpayer 61.1 million Euro’s a day. Not to mention the flight and hotel and food and drinking costs. Just the interest alone, 61,111,111.11 a day!

Today Tsipras will realise what I have been telling all along. Certain players will not budge, he should have realised that when President Obama spoke on the need for actions and he was not kidding. Do I need to remind People on the IMF loan that did not go through for Argentina in 2001? It was said that the US was the strongest voice that stopped IMF bailing out Argentina and they were left with Vulture funds, which was 13 years ago, that issue is still playing today. So when President Obama gave his speech last week, the only option Alexis Tsipras had was to take the first flight back and seriously discuss actual options. He decided not to do that.

Now the IMF has walked away from the table. Like the SNS bank, Greece believed that they were ‘too big to fail’, which did not work for SNS and it will not work for Greece. We need to realise that Greece only represents 2% of the European Economy and the repercussions at present of default will be massive in Europe, because even though the results have been heavily downplayed, the impact of Greece will be felt, there is no doubt about that. Syriza did this to Greece, not the Germans and no one else, it is a Greek act of whatever they think it is.

So as the Guardian is not printing a picture of Tsipras laughing, or Tsipras pointing at his watch, this is Tsipras contemplating in deep worry, because the final bell is ringing and he is out of time. Perhaps he finally realises this, perhaps he is thinking of one more act before the Greek flag is lowered forever. Whatever he does, he better think of the people that elected him, because they are about to lose out on a lot more than even they bargained for.

So what can Greece do?

My first voice would be to re-elect New Democracy, because Syriza did not seem to have a clue what they were doing. Now that the US has had enough, they will have even less time and less options. In my view Greece needs to become a professional entity and needs to call in the professionals. It is my view that any act needs to show that ACTUAL work is being done. It will appease the creditors, the rating firms and the IMF, all in one deal. In my view (especially as they have many fences to mend), Greece should call on PricewaterhouseCoopers. Not just for advisory, but also for implementation, consultancy, education and taxation. In the view of all who matter and the view of many more, the statement from Greece that they can fix it, no longer holds value. In this way, PricewaterhouseCoopers (PwC) gets to redeem themselves for an issue involving a grocery store or two and Greece gets a sweet deal on actually resolving issues. Greece can no longer continue in this way and that needs to be documented. Not for the world to know, because to some extent it is nobodies business, but to seriously call in the commercial auditing cavalry and sit down and actually do something about it is essential. The additional benefit is that if Greece would ever need to repackage anything, having PwC in your corner with all the data and evidence will go a long way, a degree of freedom Greece lost some time ago.

The second party in all this would be Natixis. Any actual movement from debt, any resetting of outstanding loans needs a group of people that has the ear of those who matter. Natixis is one of the ONLY non-US firms that has the ear of every G-20 nation, has strong ties with European governments and has access to possible financial solutions that Greece did not consider. If pensions are to be saved they need to look at those making actual money, Natixis is such a player. It is not the worst idea to rescale a government to be commercially viable, Greece now has to make the step no government has ever considered before. You see, in 300: Rise of an Empire we see an interesting quote in the beginning of the movie “All glory die, thousands died by the hundreds of them all for the idea. The Greeks free. An experiment called democracy of Athens. I wonder this idea is worth all the sacrifice”

You might wonder why I grasp back on a movie quote, but consider “Aristotle argues that all forms of government have their problems, including, but not limited to democracy“, we all live in a democracy, an idea that came from Greece, would it be so far-fetched that it is Greece who takes an entirely different step, one that could propel them forwards? So many governments, all these nations that are set in methods by their own internal ‘experts’ (none of them able to hold a budget I might add), you see, the best experts are never in government, so why not call on the actual experts who might give view on solving this matter.

Greece might end up being the first to take such drastic steps, but it is 99% certain that this solution will take hold at some point and more governments will need to consider this point in the future and make that act, many of them will have economies substantially larger than Greece, even when we consider Greece when it was at the height of their economy.

We are all pushed into new directions, perhaps the road least travelled, will show the solution never pondered and a resolution is undertaken that changes everything.

This is just me having an idea!

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Tagged as 300: Rise of an Empire, Alexis Tsipras, Greece, Greek government, IMF, Natixis, New Democracy, President Obama, PricewaterhouseCoopers, PwC, SYRIZA, the Guardian, Tsipras

April 23, 2015 · 05:50

The Sound of silence

Hello accountant, my dark fate
your books are bloated as of late
the need for bonus loudly creeping
to be deposited so fleeting
and the greedy that are filling
their domain, they always gain
it is the need for money

The P W C accounting firm
will gain support, another turn
you see the press is staying quiet
we wonder now who got them hired
see the news is remaining just the same, it’s such a shame
and they should all be fired

You might think why this rewritten song of Simon and Garfunkel? You see, it has been almost 50 years exactly that Simon and Garfunkel took this to paper, 50 years later we would see quite the different ballad, one that would see repercussions in ways never seen before, yet both instances unique. That part was made clear today when we see ‘Tesco posts record loss: what the experts say‘ (at http://www.theguardian.com/business/2015/apr/22/tesco-posts-record-loss-what-the-experts-say). So when we see “Tesco reports record £6.4bn loss” and when we see ‘these experts’, you and me alike should ask a series of questions the press is not asking. It has not been asking them for 2 quarters now (well an absolute minimum).

Consider the following quote: “Soon after his arrival, Lewis unveiled a £263m accounting scandal caused by overoptimistic recording of payments made to Tesco by suppliers. Tesco is under investigation by the Serious Fraud Office and the supermarket regulator over the affair“, this is what got it all started, what the publishing pussies refer to as ‘overoptimistic recording of payments‘ turned out to be nothing less than a systematic issue as we saw some of the news from DeLoitte. It is shown in my ‘adjusted lyrics’:

Will gain support, another turn
you see the press is staying quiet
we wonder now who got them hired

You see, there is the Sound of Silence, an actual silence. Try finding anything regarding Tesco in 2015 regarding PricewaterhouseCoopers. You will find very very little, pretty much the absolute minimum. Perhaps you remember the wild allegations on the ‘MH370 suicide flight‘, in addition, all those claims regarding the World Cup soccer in Qatar 2022. Yet, in regards to PwC the Murdoch machine stays very quiet. I regard that this makes Rupert Murdoch the biggest pussy in newspaper publication since the newspaper concept started in the 17th century.

It took just less than two hours to realise that PwC needed investigation, the papers made close to zero mention on it, there were some casual mentions regarding ‘asking questions’, but it was as low key as technologically possible. In December 2014 it pretty much stops, feel free to try and Google it for yourself. You will find articles on how Sainsbury switches from PwC to Ernst and Young (January 16^th 2015), but for the rest there is too much nothing. Not just the Murdoch groups, but in equal measure, you will find little to nothing regarding PricewaterhouseCoopers. Is that not strange? Especially as we now see how £263m inflation, caused a £6.4bn deflation. A result 24:1, it became such an interesting long term bet to make, especially by those involved. Yet many of those players are shrouded in silence.

You see another matter suddenly dawned on me. I reckon you all remember Julian Assange, from all those cables regarding the Afghan war. 5 days ago, they decided to also go public on all those Sony hacked cables. We see the quote: “This archive shows the inner workings of an influential multinational corporation. It is newsworthy and at the centre of a geopolitical conflict. It belongs in the public domain“. No Mr Assange! You decided to play god with stolen data and you decided the fate of this corporation by hanging out the laundry, in addition, you handed the power they wielded and threw it up in the air to be taken over by any competitor who can grow in directions they never bothered to look, because they could not be bothered taking the effort.

And as we are talking into the public domain Julian, what happened to your ‘bravery’ when you made the quote “In November, WikiLeaks founder Julian Assange told Forbes the site has a ‘mega leak’ on an unnamed major US bank exposing an ‘ecosystem of corruption’ that will be released early this year?” I am pretty sure that this never went public. I searched high and low and your WikiLeaks page shows nothing there either. It seems to me that many parties are too scared when it comes to banks and financial institutions.

The question should be Did Julian Assange have anything ever regarding his claims on an ‘ecosystem of corruption’ in regards to a US bank. Should I not ask that question? You see, when the press at large ignores the PwC issue, many should ask questions, especially as both Tesco and Greece fill pages of text in the Guardian and several other newspapers, yet the hunt for information regarding PwC is not moving forward.

In the first article mentioned, where we see the dubious term ‘what the experts say’, NO MENTION AT ALL on PricewaterhouseCoopers (or PwC), is that not strange? The question how 10 million in costs (which I converted to 199 full time accountants working on Tesco for a full year alone) did not reveal anything in time, so how could such a managed event stay hidden? In several articles we see a similar quote as I am adding here, a quote that in many cases was the very first paragraph of articles late October 2013. “DELOITTE has completed its review of Tesco’s overstated half-yearly results and confirmed that its black hole is even bigger than the £250m previously declared and goes back even further than the supermarket group had originally stated“, which means that these auditors ‘missed’ it for a longer period of time. A thought I had in the first few hours, was confirmed a month later (which is fair enough, they hard to check many numbers before stating anything), yet I saw and reported on this (as well as my thoughts), having no economic degree, just me as an analyst saw what the press has been ignoring ever since.

One of the more revealing articles was in the Financial Times named ‘UK accountancy watchdog hits PwC with two separate probes‘ (at http://www.ft.com/cms/s/0/98e02452-89c8-11e4-9dbf-00144feabdc0.html#axzz3Y3cymr54), which was in late December 2014, after that the news and the hunt for the Priced and watered Coopers stops on nearly all media fronts. I wonder how they pulled that one of. The fact that there is almost no visibility on the two probes is only more cause for concern, but those experts all have ‘something’ to say in this matter. Isn’t it nice that they did not have anything to say, or did not say it out loud before the calamity was seen. All those Tesco projects, ready to roll, not one came with the considerations ‘Tesco is spreading itself too thin‘, which is nice before the fact, but pointless, bordering on clueless after the fact. I especially liked the quote from Mike Dennis from Cantor Fitzgerald, you know, one of those after the facts proclaimers. “We believe Tesco should consider closing 200 underperforming supermarkets/superstores and focus on growing the more profitable remaining 700 stores (excluding Express); in addition, this should also allow for £40m of cost-savings from the closure of a distribution centre“, you see, my issue is twofold.

The first is where the ‘under’ performing line lies. Is underperforming, working at a loss, or at a minimal profit? The reality remains that people need groceries, so if an ‘underperforming’ shop is closed another will open with a different label and now that lost revenue will go somewhere else. My second issue is that 40 million in savings. You see, if those 200 shops are spread all over, that distribution centre will still be needed, even if the amount of stores decreases, someone will need to open a grocery store and this distribution centre could service independent supermarkets to some degree, meaning a small additional revenue. Then we get the second set of debatable solutions “Matt Davies, Tesco’s UK CEO as of 1 June, should consider a further reduction in staff and a significant simplification of central functions and category management. Aldi UK today generates twice the sales per full-time employee compared to Tesco UK and is expected to report higher trading profits“, reduction on staff? Where? You see, it is nice to ‘opt’ for simplification, but in my experience in 100% of the cases, simplification was not a bad thing, but it came at some expense, what is that expense and will it hurt down the line? The biggest fun can be seen when you read the part of Philip Benton. It all reads nice, but the issue I have is at the end in this case. “The retailer is in the midst of a huge restructuring after selling off much of its portfolio including Blinkbox and Tesco Broadband as well as the forthcoming sale of market research unit Dunnhumby and undergoing a complete overhaul of its leadership“, my issue is the possible ‘inflated’ that Dunnhumby represents. You see, it could be regarded as inflated as its value is determined by what the buyers will offer. In the end Dunnhumby represents well over 140 million a year and it also represents undocumented savings. You see, if a lot of the marketing and visibility research is done at market value, Tesco will face that they either deal with additional costs (not small ones) or not do the research. Both are bad ideas. None of these ‘experts’ are looking into the amalgamation of services that Dunnhumby could offer via Tesco and/or for Tesco. Dunnhumby is a massive data warehouse and it should have loads of options. Moreover offering these additional services (in the trend that Google has done with ‘Gmail for work’ could open up new capital gaining opportunities. Now, as the economy is slowly starting over the next 3 years, those who grow could need data insight that is currently available via Dunnhumby. This means financial and revenue growth that shows a healthy future, giving that away in some sale to recoup 2 billion, from a 6 billion loss that was all based upon degraded value seems like a very bad idea to me. Even if most of that 2 billion is recovered, the invoices that follow will put pressure for a larger part on Tesco.

Consider that the interest on 2 billion is 70,000,000, now consider that not only are them making 100 million plus, they are also the centre of data, a place Tesco will desperately need in the coming 2-5 years. Not having it could imply more costings for Tesco. No one seemed to be considering that part of the equation at all.

So, reality now, will stores be closed? That seems unavoidable, yet closing stores also means no more revenue, dumping the location at a loss and a few other items linked to this. Tesco needs to grow again, but the method remains debatable. I would have thought that moving more towards an Aldi/Lidl margin might make a difference, will it be enough? Whatever move it will make, it will need data to support and test the foundations with, so I personally feel that this requires the non-sale of Dunnhumby (for now). You see, I still see the centre with Dunnhumby for another reason. When you look at their site, you see a list of the large corporations, that is all good (and it brings home the bacon), but they are also sitting on loads of Tesco data as well. What if aggregated parts could be linked to small firms, smaller firms who end up with a dashboard solution, where their limited data is linked to that massive Tesco Data Warehouse, where these smaller companies, for a small fee get a dashboard uniting their data with Tesco demographics. Now we have a whole new clientele in a business setting, so before those supermarkets get closed, they should see if a small corner of it could be an added business venture. Likely those prospective clients will be in larger area’s where Tesco remains operational, but we now have an added service and Dunnhumby has an optional new suite (based on for example SAP dashboard) that opens up new ventures and even added consultancy and training. In these times the innovators will cause growth to evolve, selling off things only makes for lost market share (even though some non-profit ventures should always be considered for scrapping).

Are my ideas so outlandish? You must always consider that part, for the simple reason that the sceptical approach causes no harm and the proof that follows will only create futures. The following quote is as old as the hills, so it should not be a surprise to anyone in this field: “Sales will blame Marketing for the lack of quality leads with repetitive precision, whilst Marketing will blame Sales for not acting on the leads on time, or at all. When nobody has any reliable stats to back up their ‘verdict’, the arguments go on forever and nothing gets done”. Now, consider all these new firms, those new start-ups, or just one man companies like for example Electricians, Plumbers and Painters. They have no Sales or Marketing at all in most cases, would it not be nice if they had a simple dashboard based option that can help them focus on where possible opportunities lie? Not to mention usual retail like family bookshops and leagues of small pharmacy places that could do better. The solution I suggested could help them focus on where to look next. The great thing is that for the most, the same basic solution will work for all, they would only need a set of very specific filters in addition to the demographical ones. A solution that could be automated to the larger extent. One simple market, there for the taking. Did anyone consider that?

And as we look into these possibilities, we get back to the beginning, how could all the financial data be so opaque that it escaped the view of PwC, when we look at all these claims by experts, how did none of the warning lights light up, especially when we consider the words of Deloitte “these auditors ‘missed’ it for a longer period of time“, now I have brought you from the premise, past the innuendo to the basic view on how data can be new business too. Finally, when we consider the following quote that was in the Guardian “Further positives include that Tesco did in fact make a bigger trading profit than the market believed was possible (£1.4bn v. £760.86m consensus)“, this reads, they did twice as good, this means that Tesco is getting back on its feet. Yes, I did read that it is less than it was, but still, they got one dot four billion in, which is a lot better than Greece and most traders want them to get 7 billion regardless, so I think we should consider that many are willing to dump 7 billion on a location of non-cooperation, whilst they will drown a corporation fight to achieve and collect ACTUAL revenue. What a double standard we live by!

If we go by the simplest stats (not an accurate one), then we see that Tesco exceeded by £700M, which is 23% of the £3 billion loss, Greece cannot even raise 10% of what is due shortly, so it is time to look at what is real and look at why the press seems to be ‘avoiding’ (read not actively digging) into Pricewaterhouse Cooper either. But I will leave that to what I would currently regard to be the ‘Pussy’ family (Witherow, Rusbridger, Murdoch et al). Should you consider the path I walked here to be ‘inappropriate’ then Google ‘Tesco+scandal+2015‘ (837.000) and Google ‘PwC+scandal+2015‘ (271.000), now look at the amount of Newspaper links we find in the second one (almost none and many of these links are 2014). I think I made my case here, I just wonder what scared the press to this extent away from a story.

So as we see the quotes “Over the full year, the profit margin in the UK was 1.1%, a far cry from the impossible 5.2% that Lewis’s predecessor, Philip Clarke, ridiculously attempted to defend” and “Lewis must show that the ‘early encouraging signs from what we have done so far’ will produce a discernible improvement in profits“, yet no mention on the previous directors, regarding ‘cooking’ the books and still no mention of the Auditor either. It seems that everyone knows that the dice are loaded but no one is willing to say it out loud.

What else is not reported on regarding the 24:1 loss?

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Tagged as Aldi, Dave Lewis, Deloitte, Dunnhumby, Ernst and Young, Gmail for work, Greece, Julian Assange, Murdoch, Philip Benton, Philip Clarke, PricewaterhouseCoopers, PwC, Qatar 2022, Rupert Murdoch, Rusbridger, Sainsbury, Simon and Garfunkel, Sony hacked cables, Tesco, WikiLeaks, WikiLeaks founder Julian Assange, Witherow

February 6, 2015 · 23:49

How much for just the planet?

This is at the core of what is currently wrong. It is however a serious view that we all must face and we have to face it sooner rather than later. This train of thought started a while ago. I initially saw it on TV, the ‘movie’ was called ‘AFTERMATH, Population Zero‘.

It was a fascinating view to behold. The story is purely fictive; it was all based on the premise that from one moment to the other the global population would suddenly vanish. What would be the consequence? (at https://www.youtube.com/watch?v=sUqHECc5rPo&index=28&list=WL)

It is well worth watching it. So if you have seen the movie the next part will make a little more sense. You see, it is all linked to a few items that have been all over social media and the internet in general since late 2009. It was raised again in February 2013 with the story ‘Nestlé’s Peter Brabeck: our attitude towards water needs to change‘ (at http://www.theguardian.com/sustainable-business/nestle-peter-brabeck-attitude-water-change-stewardship). I once made a prediction that we have 8 generations left, a concept that was not even conceivable when I was in primary school. Yet, now it is a reality that the older generation no longer needs to worry about, but our children will feel the brunt of that idea and it will become a reality for our grandchildren. The article gives us the following: “We’re talking about running out of oil; well it happens that we have 120 years of proven oil reserves“. That could be the case, I made a simple calculation half a decade ago, the calculation gave me the approximation that the amount of crude oil used could fill a cube of 15 by 15 by 15 miles, well over 75% had been used in the last two decades. So, yes, it is extremely likely that we have 120 years of oil left, but the ‘proven’ part is not a guarantee, the growth of oil needed, especially if the price keeps on going down, as fuel becomes cheaper, more people will be willing to drive longer to get a decent job, making the population at large a lot more mobile than ever before. Also, as oil becomes cheaper and cheaper, some will stop delivering and wait for better times. That is not a given reality, but it is a possible one. Yet, the idea that oil will run out in no more than 100 years is not too far-fetched either. The second part is an issue for me “we have 240 years of proven gas reserves” If that was so, than the rush for ‘shale gas’ would not have been so strong. The rush for fracking is not a view that comes from a 240 year reserve; it comes (as I see it) from a proven reserve that is a lot less than 240 years. Then there is coal. Yes, there might be a longer reserve in stock, but with coal comes pollution and lots of it.

It is the last part that gives the most fear “we have thousands of years of proven Uranium reserves and we are running out of water today“. It is all about the water. When we look at water, we see that the planet is 70% water, yet only 2% of that amount is good for consumption. Water is running low, there is no denying that, the issue linked here it that the planet has 7.2 billion people this implies that no less than 12 billion litres of water will be needed EVERY DAY to sustain a population. Several sources give the following: “At the moment, around 1% of the world’s population are dependent on desalinated water to meet their daily needs, but by 2025, the UN expects 14% of the world’s population to be encountering water scarcity” (at http://www.globalwaterintel.com/desalination-industry-enjoys-growth-spurt-scarcity-starts-bite/), so as we see the cost of drinking water to go through the roof within the next decade, the approach of Nestle makes perfect sense, although the implication is not a humane one. All these events give now more and more way to the story Make Room! Make Room! by Harry Harrison, a story written in 1966, it would propel Charlton Heston even further as the story became the foundation for Soylent Green as detective Frank Thorn. The movie is nothing like the story, which was about overpopulation, however Harry Harrison, passed away on August 15^th, 2012. As I see it, he likely passed away with the knowledge that both his story and the movie based upon it could become a reality. The story ends with “The story concludes with the Times Square screen announcing that “Census says United States had biggest year ever, end-of-the-century, 344 million citizens”“, consider that the current US population is almost 319 million, that is not so far from the expected number in the book (which was set in 1999), Harry Harrison seems to be off by only 2 decades. The movie gives us another need. The movie is about the unaffordability of food and water, the movie is set in 2022, now we have a ball game. Now we get close to what reality is showing. If water is set to become a product for those who can afford it, then water becomes a luxury, no longer a basic right. This is at the foundation of what Nestle is trying to achieve. As politicians are hiding behind the ‘security’ of desalinisation, we must admit that this will shift the timeline, but the massive need for water to be produced will bring with it an increasing need for a fuel source. Which one? Oil? Coal? Consider that over the next decade the need of growth of desalinisation also implies a growing need for power. The power needed to fuel the need of that what was once regarded as a basic right and plentiful available, an implied growth of 1400% over a decade. Suddenly that 120 year oil reserve does not look that clearly set, does it?

This shows my earlier statement, your children will see the shift (a decade from now), your grandchildren will see the need and the pressure on the cost of living. To survive they will need an income for rent, water and fuel as a major expense of their income. A reality we luckily might not face and over all this we see not Nestle, but we see Financial Institutions as the anchor killing us. That part is seen in the article ‘PwC chief misled us over Luxembourg tax avoidance schemes, claim MPs‘ (at http://www.theguardian.com/business/2015/feb/06/pricewaterhousecoopers-boss-kevin-nicholson-misled-mps). How did I get to that part?

Consider the following three quotes “The Guardian’s investigation into PwC’s activities in Luxembourg was made possible by the leak of thousands of pages of confidential tax rulings secured by the accountancy firm, which found their way to the ICIJ“, and then there is “But PwC Luxembourg remains furious at what it calls the “theft” of its documents. Criminal charges have been brought against two former PwC staff members after it complained to prosecutors” and last there is ““Shire has arranged its affairs so that interest payments on intra-company loans reduce significantly its overall tax liabilities … The ‘substance’ of Shire’s business in Luxembourg, used to justify these arrangements, consists of two people … One of Shire’s Luxembourg based staff holds 41 directorships of other companies”“. So, the link here is sizeable reduced taxability. So as these taxations are not achieved, how will desalinisation plants be built? On another credit card? Who pays for that bill and how will that affect the price of water and the subsequent additional taxation?

The final view is given from a Canadian site called Global Research. the quote is “His statements are important to review as we continue to see the world around us become reshaped into a more mechanized environment in order to stave off that pitiless Nature to which he refers” (at http://www.globalresearch.ca/the-privatisation-of-water-nestle-denies-that-water-is-a-fundamental-human-right/5332238). The fact that we let our lives be ruled by politicians who seem to put their own needs first is a massive blow to our chance to survive in an age of humanity. That part is seen as the bulk of nations cannot keep a budget and the overwhelming need that is greed based. So as nations have even less tax revenue, more costs and a slowly but surely growing number of unaffordable needs, we see an escalation into chaos and extremism.

The way we live allows for the approach of Nestle which turns a bad James Bond premise into a reality. The political approach of ‘shove it forward’ will be cast upon our grandchildren, turning their lives into one of working, so that they have a possibility of life. Until we change many ways of our lives and until we change the acts that we consider to be acceptable, we will only end up getting by with less, whilst food, drinks and luxury is left to less than 5% of the population. As time goes buy (pun intended), we see a change of interpretation, we will see politicians to be extensions for whatever, proclaiming on what is ‘actual’ a right and what is not.

So how does the title ‘How much for just the planet?’ and the movie ‘AFTERMATH, Population Zero’ make sense? Consider what is made extinct on a weekly basis for well over a decade? The movie shows that the planet will repair itself over a millennium, so how will the path of our world change if we are willing to get rid of 92% of our global population and impose a stringent rule of population control through birth control? An idea launched in 1966, whilst also demanding existence through sustainable energy. For now, everyone will shoot, scream and give all kinds of emotional response how such inhumanity should not be allowed, which is fair enough, but as Nestle gets a grip on what we regarded as a basic right. So, the emotion of a population will push it forward and will force our grandchildren to make a ruling on getting rid of 95% of the population, very political and what seems to be humanely decent, is in actuality one of the most inhumane acts ever, because this is all for the most due to a cowardly, non-acting generation that started with our fathers, ourselves and our children. A reality ignored within 3 generations, fuelled by greed of big-business and by the acts of all others by playing possum or burying their heads in the sand. Consider that the US consumes 50 billion eggs and 8 billion of chickens each year. They only represent 5% of the global population and this is not including the need for Fish, Meat and vegetables. So how much food is needed and how soon will it run out, because the one part everyone ignores is that meat products are created using water and food.

So, are these thoughts so far reached? Perhaps the next invention is only a year away, an invention that will change everything. This is the hope too many have whilst our lives are no longer driven by innovation, but through iteration for the need of maximising profits. That approach is nice for a boardroom and their needs, but it does not drive forward true technological advancement, that part will slow down more and more. No matter how much we want some cheap and easy solution that does not offend anyone, the chance of finding it becomes less and less likely. Bad News management from governments and big-business alike as well as derived profit through non-taxability from Big-Business, whilst governments are vying for their manufacturing plants and offering too many subsidies offsetting the cost of a labour force. In this environment these governments need to unsuccessfully balance a budget and soon, if the numbers hold true, find ways to produce the one element most never had to produce before, a basic substance always available. I let you work out the math, feel free to be slightly less happy after reading this, but also remember it only takes one mind to come up with that golden idea that will sustain a nation. This has been proven in several cases, for the Dutch Gerard Philips and Frederik Philips stand out, in Sweden there was Lars Magnus Ericsson, Henry Ford in the US and the list goes on a little longer, they shaped industries that would span generations. I have no idea who will be the next name that changes the way we think and live, but as we see the facts, that person better come sooner rather than later.

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Tagged as AFTERMATH Population Zero, Charlton Heston, desalination, Fracking, Frederik Philips, Gerard Philips, global population, Global Research, globalwaterintel, Harry Harrison, Henry Ford, Kevin Nicholson, Lars Magnus Ericsson, Make Room! Make Room!, Nestlé, Peter Brabeck, Pricewaterhouse Coopers, proven oil reserves, PwC, PwC Luxembourg, Soylent Green, the Guardian

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 25^th 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 23^rd), 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 13^th 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 13^th 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 1^st 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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Tagged as A matter of Jurisprudence, Birchwood Knight, Chadbourne, Code of Practice, Deloitte, ENRON, Groceries Supply Code of Practice, Jaguar, Jonathan Lloyd, Ken Hanna, Price Waterfall Blooper, Price Waterhouse Coopers, Pricewaterhouse Coopers, PwC, Rebecca Shelley, Tesco, the Guardian, Vince Cable, Warren Buffett

November 9, 2014 · 10:52

A buffet called Buffett

It is the independent that comes with the goods this morning (at http://www.independent.co.uk/news/business/warren-buffett-tesco-losses-take-millions-off-berkshire-hathaway-earnings-9848441.html), and even though Tesco is at the centre, this is not about Tesco; it is about all of us!

The article refers to a view given a few weeks ago when we saw ‘Mr Buffett, who has called his investment in Tesco a “huge mistake”‘, this is all good, and we saw this before, but how does this amount to Warren Buffett being the ‘Sage of Omaha‘ go from a brand name to a person in a public area where the others can snack on him, like food for Hyena’s and so on.

Well, this is all about us in the end and about image and ego. You see, there is something massively wrong with those who WERE (past tense) with Tesco and as the quarter of a billion hole was found, instead of calling for restraint and standing by the ethical high ground Dave Lewis was standing. People like Mike Ashley who did bet on Tesco bouncing back, as they should and I hope that Mike Ashley makes a bundle on this. Yet, the centre piece actually not one but two of them are all ignored. The first one is that Tesco still made a billion, so as we see people running away in ‘fear’ and all other sorts of reasons, the value of Tesco went down. I reckon that those screaming in misconceived ‘horror’ are now paying for the speedy speaking, I am not impressed with their anguish and I am not convinced that it was genuine.

You see, if the financial backers had stood firm with Lewis, the hurt might have been there, but the structural repair would have been basic structural repairs and the pain to the financial backers would have been slightly more than superficial in the end.

The second part of this stake is Pricewaterhouse Coopers. There are too many questions, no answers coming in and no solutions directly in sight, other than those that would continue Tesco at a massively reduced size. I am still not impressed, you see, we all did this to ourselves. I oppose certain practices, not just because the stakes are high, but because as we ‘cater’ to profit, especially unnatural high percentages, we only cater to fatal self-inflicted wounding. So how does this link to Mr Warren Buffet (oops, intentional typo). You see we get that from the following two quotes ‘A week after Mr Buffett significantly reduced his shares in the retailer he saw $1bn (£160mn) wiped off the value of his stake in IBM, after the tech giant recorded a 17 per cent drop in its third quarter profits‘ and ‘Just days later, Coca-Cola caused Mr Buffett’s investment losses to climb to $2bn (£1.26mn) after the soft-drinks giant’s shares plummeted six per cent following flat sales and a lowered guidance for the year‘. So how does this affect us? Well consider the lives we have, the things we buy and the corners we cut. Are the two drops even a surprise and more important is the Tesco example strong enough for others not to play that dangerous game? I am not implying that certain ‘errors’ are currently being instigated, but consider the news on how America is now so much on a better track with people having jobs (which is true), yet consider when people like you and me spend money on a laptop, software and on cheaper food and no fuzzy drinks. I can say ‘YAY!’ to all three. My laptop (not an IBM Lenovo) is failing me, it is 4 years old and I have no budget for at least a year to replace it. Can you afford a new laptop, just like that? I have not bought software, still using Office 2010 (and happy to use it) and to keep my likes budgeted, my last can of coke was about 2 weeks ago. Many are turning their dimes to make ends meet and the market forgot about the people like you and me! In the end the concept requires people to buy and the juggling of numbers is no longer an option, we all depend on the cheaper places like Aldi to get a good deal. So how can Coca Cola remain so high? Will 6% be just the start of the plummeting for now? Yes, we tend to buy a little extra during Christmas and America has an upcoming thanksgiving in less than 3 weeks and Christmas 4 weeks after that, yet what happens 6 weeks after that? Will jobs suddenly get lost again, with unemployment numbers to go up? I am not sure, but it is not unlikely. People like financial analyst Charles Nenner have been speaking in regards to a crashing Dollar; he stated ‘The government has loans outstanding that are very short term. If interest rates only go up a half a percent, they are already in trouble. Also, the United States doesn’t have the power to force a lot (of Treasury bonds) on other countries because the United States has decided not to be a power anymore‘, which is kind of funny, because I saw that danger scenario coming for well over a year ago. Yes, I have seen some of the abuse of people stating that I am so wrong, which is a view that is fair enough, yet what happens when visible analysts in the economic market, not just like Charles Nenner, but heaps of others all making predictions in the same direction, then what will you do? Disagree a little more, or just until the dollar becomes Junk (or on equal footing with the Yen), then who will YOU blame?

Those who have no debt at that point will just lose mobility, those in debt will feel that drowning feeling sooner then they think. In the end we all did this to ourselves (to some degree). So as warren seems to lose 2 billion out of the 70 he had. I think that these ‘investors’ draining on the 10%-15% they expect, will soon need to refocus on the options where it is not about how quick you make a buck, but how you can slowly make some dollars and not lose your investments. That will be centre to all future deliberations, those who do will hold on to the farm, those who don’t will hand their farms over to those who did and now there is no actual option to recover for those who lost it. That is at the centre, as the economy is not restoring to the public and the consumers we see a push towards Aldi and other budget minded places like Aldi.

These ‘investors’ should start to realise that getting a 3% return is not that bad, it beats praying for profit in excess of 10%, which is less and less realistic, whilst they end up writing off the virtual money pool they thought they had. It all starts with the consumer, investors forgot about that, no matter what profit you expect or what is ‘balanced’ on paper, if people do not have the money to buy, it pretty much ends and that part was ignored by too many for too long a time.

The other part in all this remains PwC, let’s just accept that not all is well when we see ‘cover my back‘ statements and signing off on well over 100 million in inflated numbers, especially with a 10 million pound auditing bill, can we agree to the small fact that a clear statement after a thorough investigation at PwC could have prevented a massive loss of value for Tesco, which would have kept many investors in a lessened state of panic. By the way, did Coca Cola downgrade the profits as the stimulus is now ending? If so, what true hardships are ahead for the people as funds will need to come from other places?

For now the people are still struggling and poverty has never been higher in the US, so there will be consequences there too, but how much of it will hit the UK full on is a matter that will require time to investigate and time to protect against, time that seems to be wasted on several low yielding efforts (read: concepts that will not come to fruition). I cannot state what the best course of action is, but I feel fairly certain that the current trend will not solve anything; it will only make it harder for everyone down the track.

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Tagged as Aldi, Charles Nenner, Coca Cola, Dave Lewis, IBM, Mr Buffett, Pricewaterhouse Coopers, PwC, Sage of Omaha, Tesco, US, Warren Buffett

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.

“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.
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?
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.

“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.
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.
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.
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 5^th 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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Tagged as 591 Signals Unit, Baroness Goudie, Chancellor George Osborne, Corporate Law, Dave Lewis, Deloitte, Digby, Financial Reporting Council, Financial Reporting Council (FRC), FRC, GCHQ, George Osborne, Harvard, House of lords, Joint Committee on Tax Law Rewrite Bills, Laurie McIlwee, lawlordtobe, Lord Blackwell, Lord Goodhart, Lord Haskel, Lord Millett, Lucian Bebchuk, Mike Iddon, Oren Bar-Gill, PwC, Rt Hon Lord Millett, Taxation Law, Tesco, the Guardian

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