 Whistleblowing – C$3m+ “Independent Forensic Investigation” - January – August 2007: PricewaterhouseCoopers LLP.
Airbus A340 series production in Toulouse is complete ; I warned PwC about Spares & full replacements ; I told PwC that they should obtain 2/3 external market forecasts (7 available); : I even told PwC about the Emirates cancellation of 18 A340 600 in Oct 2006, which they left unadjusted in their Airbus Order Book analysis ; “And the fundamental issue here… is that this product is a product that has not only got a cost/price problem but it’s now also got a programme volume one!”
Facts Invitation not issued. Chairman & Snr Partner(PwC UK): Mr Ian Powell and CEO & Snr Partner (PwC Canada) : Mr Christie. B. Clark
I have formally asked Mr Ian Powell to repay the C$3m+ in fees paid by the hard-pressed Magellan shareholders in 2007 (and offered to support the MAC Chairman Edwards in that recovery from PwC) on several occasions since July 2009......... MAC beginning at AGM in May 2009 (p.8)
When the PwC/MAC cover-up/smokescreen disintegrates over time, due to the lack of commonsense and reasonableness checks , the “Truth will Out”?
By “Forensic Deceit” I mean that it is NOT TRUSTWORTHY, because the intention of PwC, and the effect of their less than rigorous investigation or audit standards, was to mislead the reader in their “findings of fact” and conclusions from its “forensic investigation”……..Beyond Belief. As you can hear, should PwC with their assertion of “great skills in holding a mirror up” actually firstly look in that mirror themselves, prior to trying to credibly convene and participate in this important public debate? You may also wish to reflect on their Chairman's Speech, Mr Powell, in Oct 2010 on “Building Public Trust” and his recognition, as PwC leader, of his “personal responsibility to imbue his organization with integrity and professionalism”. Also read UK FT letter.
Magellan Aerospace Corporation - MAC
(A Public Company on the Toronto Stock Exchange (TSE) – Ticker : MAL) .................. Jan 2012 stock market news : after 2008/9 AGMs
Public Auditors for Magellan Aerospace Ernst & Young LLP MAC AGM May 2009 P. 6-9 OPEN LETTER TO E&Y -5 May
and then again to E&Y – 26 May 11
and link to email and comprehensive document on A340 termination history/evidence – 15 November 2011 ….
(to Mr Edwards, Mr Dimma, PwC UK Chairman & Snr Partner Mr Ian Powell, E&Y Canada Chairman & CEO Mr Trent Henry, Mr Lynch QC)(It was also someone who formerly worked for E&Y (Mr Matthew Lee) who “blew the whistle” to the E&Y auditors in May 2008 before the financial collapse of Lehman Brothers in September 2008 – see articles in Part L – “professional malpractice” etc).
Since this UK Times article my MP, Mr Jim Shannon, has explained to me that the Lehmans/E&Y events are now under investigation by the Accountancy and Actuarial Discipline Board <(AADB) – part of the Financial Reporting Council (FRC)> in the UK. The Guardian newspaper reported that a legal suit would be filed this week (actually filed 21 December 2010) by the New York Attorney General, on the basis of Matthew Lee’s allegations and the bankruptcy examiners 2000+ page report in March 2010.
FRC – “Auditor Scepticism – raising the bar” (para 17–25) : BL Input : FRC written submission (paras 2.7 - 2.11) to the House of Lords.
House Of Lords Economic Affairs Committee hearing – 23 Nov. 2010 (watch video from 1 hour 2 mins – Transcript Q.266 pages 29-46) Banking crisis, Going Concern audit statements, Balance Sheet audits / asset valuation and loss reporting, and financial reporting standards Mr Ian Powell – PwC UK : ; Mr Scott Halliday – E & Y; Mr Griffith-Jones – KPMG; Mr Connolly – Deloitte : Accountancy Age Video, Media coverage - “Lords accuse auditors of deceiving investors” , “Lawmakers attack auditors over bank statements”.
The HOL committee published its report on 30 March 2011 – see Chapter 6 and para 145 re Northern Rock-
Extract from PwC written evidence to the House of Lords Economic Affairs Committee – at para 24
“Professional scepticism is fundamental to what auditors do. It is defined in auditing standards as “an attitude that includes a questioning mind, being alert to conditions which may indicate possible misstatement due to error or fraud, and a critical assessment of audit evidence.” and at para 25
It is the job of the auditor, as established by internationally agreed auditing standards, to challenge management’s assertions and ensure that they are backed with evidence that is appropriate, supportable and capable of independent verification. It is not the auditor’s job to develop alternative views and then try to persuade management to adopt them in preference to theirs.” and then read this example of A340 pricing – “management’s assertion” – PwC para.8.62b – maths wrong/untruthful: A340 quantities – “management asserts” – PwC para 8.72/8.76 – untruthful/ industry PwC logic+maths wrong …………… Summary : A340 analysis
FRC/APB – “ Audit is essential to public and investor confidence in companies… The application of an appropriate degree of professional scepticism is a crucial skill for auditors. Unless auditors are prepared to challenge management’s assertions they will not act as a deterrence to fraud nor be able to confirm, with confidence, that a company’s financial statements give a true and fair view.”
Mr Paul George – FRC /POB Director : Daily Telegraph July 2011 “Biggest audit firms hit by scathing regulator’s verdict"
You may read the PwC letter/public response to the FRC “Auditor scepticism …” Discussion Paper …(by Mr Sexton in the above PwC Trust in Business Video)
Whistleblowers Speak Up - Nick Cohen - Banks will begin the process of reform when their employees aren't penalised for speaking out “ The national consensus holds that the City is being “rewarded for failure” and, for once, the national consensus is right … What we must grasp if there is to serious reform is that the bonuses are rewards for cowards as well as for failures…….
The question should not be “who knew?” but why did they not speak out. In theory, nothing was stopping them, as Britain offers legal protection to whistleblowers. But as so often, the theory is one thing and the practice quite another. Workers are meant to be free to reveal criminal offences and failure by their firms to comply with legal obligations. The law sounds impressive, but it insists that an employee must go to his or her employer before they go public.
“It is like telling a mouse to go to the cat.” David Buckle, one of London’s leading employment lawyers, told me. …….… We need to break up a system that rewards those who bite their tongues because it suits their private interests and punishes those who speak their minds in the public interest. We need to recognise that we live in a half-free country, where we have freedom of speech at home but not at work; where people pride themselves on their freedom to criticise politicians, but dare not criticise their employers. ” ……… or those professional individuals and firms they engage in the “cover up” of the truth.
Charles Ferguson’s movie about the financial crisis, Inside Job, released in the US in October 2010, richly deserved to win ‘Best Documentary’ at last night’s Oscars. Giving his acceptance speech last night, Ferguson sought to awaken the star-bedazzled audience from their somnambulance by saying:- “Forgive me, I must start by pointing out that three years after our horrific financial crisis caused by financial fraud, not a single financial executive has gone to jail, and that’s wrong.” YouTube - INSIDE JOB: New Documentary Exposes How 'Banksters' Continue To Steal Our Money and Inside Job director on Geithner, Goldman, and criminal bankers – Fortune. New York Times Charlie Rose - Gretchen Morgenson interview on lack of prosecutions in the aftermath of the crisis and then “ Wall Street persists with line “Trust Us. We can regulate ourselves” see excellent interviews with Eliot Spitzer on CNN.
The UK Financial Times on 14 March 2011 had an article by John Board in the Dean’s Column : In Praise of Whistleblowers” ; but what consequences for them in long-term career terms and very often their personal health”
Supplementary submission by FRC to the House of Lords Economic Affairs Committee on Auditors in Nov.2010 “We believe the independence of the process is compromised by the requirement placed upon the AADB to consult and seek the agreement of the professional bodies – this is the product of the previous self-regulatory system that we believe should now come to and end. To address this issue we therefore propose the clarification and streamlining of the AADB’s discipline scheme. All disciplinary cases relating to public interest audits (and PIDA cases) should fall to the FRC/AADB in the first instance”
Supplementary submission by Mr Vernon Soare Executive Director Professional Standards of the ICAEW to the House of Lords Economic Affairs Committee -- November 2010
... I would like to comment on a number of the points that were made during the Committee hearing on Tuesday 9 November at which representatives of the supervisory community, including the Financial Reporting Council (FRC), gave evidence. As a Recognised Supervisory Body (RSB) for statutory audit under the Companies Act 2006, the ICAEW has a useful perspective to offer on the matters raised. ……….
“With reference to the AADB, it is able to use any disciplinary sanction open to the ICAEW, including the power to impose unlimited fines and exclude from membership. This arrangement continues the powers enjoyed by the AADB's predecessor body, the Joint Disciplinary Scheme (JDS). Like the JDS, the AADB independently investigates public interest cases against audit firms registered with the ICAEW and is designed to play a key role in maintaining confidence in the UK audit profession. However, despite accumulating a substantial caseload the AADB shows no evidence of an ability to meet the promises concerning speed and thoroughness of investigation made at its outset. Indeed, according to its website, since announcing its first investigation in 2005, the AADB has brought only two cases to a tribunal hearing. An independent review of the effectiveness of its work may now be timely.”
House of Lords Economic Affairs Report on Auditors – March 2011 - paragraph 110
“The regulation of accounting and auditing is fragmented and unwieldy with manifold overlapping organisations and functions. This is neither productive nor necessary. Other professions have only one regulator—medicine for example under the General Medical Council. The wider powers sought by the Financial Reporting Council would go some way to simplifying and streamlining matters for audit. But further impetus needs to be given to rationalisation and reform. We hope and expect that the profession will provide that impetus. In the absence of rapid progress, we recommend that the Government stand ready to impose a remedy.”
Government Response / Dr Cable MP – June 2011
"BIS and the Financial Reporting Council (FRC) expect to consult on possible reforms to the FRC's powers and structure during the forthcoming months. This will include any proposed legislative changes. "
AADB Disciplinary – PwC with JPMorganSL - £1.4m
BIS/FRC Consultation on the Reform of the FRC – closed 10 January 2012 which at Q6…..
REMOVES the regulation /discipline for all professional conduct matters from the FRC |
Mr Paul Moore
Cameron calls for criminal charges against bankers responsible for credit crunch
“HBOS whistleblower Paul Moore: Evidence to House Of Commons “Banking Crisis Hearing”
House of Commons Hansard: Prime Minister’s 11 Feb 09 questions - G Brown and D Cameron
Second HBOS whistleblower "Total disregard to the risk process" under leadership of Sir J Crosby
Why Crosby must step down from FSA, and step down now
Press release issued by Paul Moore on 13 March 2009 related to his evidence to the TSC’s inquiry
KPMG and the HBOS whistleblower
Andrew Tyrie warns FSA not to repeat RBS mistakes with HBOS
BIS checks criminal allegations against Sir Fred Goodwin
Andrew Tyrie warns FSA over HBOS report
BIS/FRC Consultation on the “Reform of the FRC” submission – Accountants conduct -
Mr Paul Moore
...Correspondence exchanges with Mr Moore’s MP, Miss Anne McIntosh L.L.B (Hons) et al
Email exchange between Paul Moore and Phil Hodkinson re HBOS Accounting 1-4 March 2011
Mr & Mrs Paul Turner
The HBOS Reading Fraud : Future of banking
Three held over fraud investigation at HBOS branch
Arrests expected in Bank of Scotland fraud probe
Board’s role “off limits” in police probe of alleged £1bn HBOS fraud
House of Commons Hansard:2 June 2009
BIS/FRC Consultation on the “Reform of the FRC” submission
Email/letter with Mr & Mrs Turner’s MP, Mr James Paice on FRC submission.
Financial Mail on Sunday: October 2017 : Fury at Lloyds as it turns on fraud whistleblowers: Pressure grows on bank bosses over 'disgraceful' handling of £245m HBOS scandal
Mr Ian Foxley
Bribery probe into £2 billion arms deal
SFO probes EADS defence contract with Saudi Arabia
£2 billion UK - Saudi bribe scandal Sunday Times October 2011 : Part 1 and Part 2
US investigates EADS Saudi deal
SFO delays Bribery inquiry
BIS/FRC Consultation on the “Reform of the FRC” submission : Mr Foxley letter to Business Secretary
(Employment Tribunal Judgment…September 2011 ….
Correspondence exchanges with Mr Foxley’s MP, Miss Anne McIntosh L.L.B (Hons). FRC submission:ET legislation
BIS/FRC Consultation on the “Reform of the FRC” submission : Mr Foxley letter to Business Secretary
(Employment Tribunal Judgment…September 2011 ….
Correspondence exchanges with Mr Foxley’s MP, Miss Anne McIntosh L.L.B (Hons). FRC submission:ET
legislation
Its time for the uks audit regulator to start taking corruption seriously ..re KPMG
Mr Graham Senior Milne
Whistleblower alleges “largest sustained cooking of books in British financial history” by PwC
McFall’s committee “ignored FSA’s complicity in crisis” : His Submission to Treasury Select Committee
Mr Milne: Legal action against the Institute of Chartered Accountants in England and Wales
Northern Rock complaint : Lloyds/HBOS complaint : ICAEW April 2010 response : FRC/AADB response His Application for Judicial Review – ICAEW – Northern Rock and Lloyds – PwC auditors
FRC/AADB defences to Judicial Review - Initial Judgment and Renewal of Claim
BIS/FRC Consultation on the “Reform of the FRC” submission – Mr Graham Senior Milne
E-Mail with Mr Milne's MP Sir Alan Beith - Chairman of the Justice Select Committee
Miss Mira Makar
Ousted Triad chief seeks independent enquiry PwC were their Auditors; by forensic team at Baker-Tilly
Sacked whistleblower chief vindicated
Extracts from Court transcripts of Public evidence in Royal Courts of Justice – 21 April 2011
BIS/FRC Consultation on the “Reform of the FRC” submission – Ms Mira Makar – and Atthm May 2007
Email with Ms Makar’s MP, Mr Mark Field MP
Mr Brian Little
True to type, innumerate accountants PWC {+E&Y} bent “reality” to suit client's needs
Will Edwards stand by Magellan?
Magellan accused of inflating project size
Magellan sails into rough seas – stock pops, former executive threatens action
PwC reported to accounting regulator after taking criticism of client from report -- PwC changes
Brian Little’s turbulent battle with Magellan Aerospace
Mr Jim Shannon MP letter to Mr Paul George – Statistics on Complaints
FOI - Lack of accounting regulatory and disciplinary information in BIS / FRC /Accounting institutes
– Mr Shannon MP
Jim Shannon MP re Accounting Regulatory Activities 2006-2010
FRC Consultation on Going Concern / Sharman Inquiry
BIS/FRC Consultation on the “Reform of the FRC” - submission by my constituency MP, Mr James Shannon.
BIS/FRC Consultation on the “Reform of the FRC” – submission by Professor Stella Fearnley
FRC.AIU How we assess quality
A Decade of AIU extracts for reports for KPMG
FRC : AIU DECEMBER 2008 FRC: AIU JULY 2011 FRC: AIU May 2014 FRC : AIU June 2017
FRC.AIU - Thematic review of Bank Loan loss provisioning December 2014
SMALL “EXPERT” GROUP SUBMISSION TO THE HOUSE OF COMMONS TREASURY SELECT COMMITTEE RE KPMG AND HBOS AUDIT – TERMS OF REFERENCE - 7 DECEMBER 2015 ---------Financial Times coverage on 25 January 2016
OUR SUBMISSION TO THE TREASURY SELECT COMMITTEE RE KPMG AND HBOS AUDIT – 4 OCT.2017
DOCUMENTS INDEX AND INTERNET LINKS
OUR FINAL SUBMISSION TO THE TREASURY SELECT COMMITTEE RE FRC , KPMG AND HBOS AUDIT - JULY 2018 . FOLLOWED BY MR JIM SHANNON MP SUPPORTING LETTER TO TSC CHAIR MRS NICKY MORGAN MP ON 5 JULY 2018.
MR JIM SHANNON MP - SUBMISSION TO THE BEIS SECRETARY OF STATE AND SUBSEQUENT RELEASE TO KINGMAN INQUIRY IN THEIR FRC CALL FOR EVIDENCE ON 3 JUNE 2018
PAUL MOORE , BRIAN LITTLE, PROFESSOR ATUL SHAH AND PROFESSOR RICHARD MURPHY : TEAM SUBMISSION TO THE FRC ENQUIRY BY SIR JOHN KINGMAN – AUGUST 2018
PROFESSOR ATUL SHAH, BRIAN LITTLE, PROFESSOR RICHARD MURPHY AND PAUL MOORE : TEAM SUBMISSION TO THE CMA ENQUIRY IN TO THE STATUTORY AUDIT MARKET – 30 OCTOBER 2018
Conduct and Competition in SME Lending
MR JIM SHANNON MP LETTER TO MR ANDREW BAILEY (FCA CEO) on 19 SEPTEMBER 2017 and HIS REPLY DATED 20 NOVEMBER 2017
MR JIM SHANNON MP, MR BRIAN LITTLE AND MR PAUL MOORE WRITTEN SUBMISSION TO THE TREASURY SELECT COMMITTEE FOR THE INQUIRY IN TO SME FINANCE ON 30 MARCH 2018. SME0025
ANNEX 1
MR JIM SHANNON MP - RESPONSE TO FCA CONSULTATION CP18/3 RE FOS EXPANSION IN REMIT
FOS FoI Selected exchanges -----------APPG - Position / Policy Paper : 14 November 2018
Sample Case documentation – Ombudsman or Financial Services Tribunal
Case Studies : All Parliamentary Party Group (APPG) for Fair Business Banking - Illustrative examples http://www.appgbanking.org.uk/
IHRP: Structured Collar (2001) : SME and Danske NI <Ombudsman or Financial Services Tribunal>
IHRP : Fixed Interest Loan (2008) : Dairy Farm Partnership and Danske NI <Ombudsman or Financial Services Tribunal>
Business Insolvency/Personal Bankruptcy – SME Ltd Property Business (2007-2010), Danske NI <Financial Services Tribunal>
Financial Times : Britains accountancy watchdog has neither bark nor bite
The Times: The Financial Reporting Council: a watchdog that doesn’t bite 16 October 2017
The Times: Auditors have become parasites feeding off the capital markets 17 Oct. 2017
Evening Standard: Watchdog has to restore trust in auditors 25 Oct. 2017
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