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Director: Philippa Foster Back OBE

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Business Ethics News
February 2012
2012  |   Jan   |   Feb  

Resource groups seek to dilute anti-corruption rules, The FT
19 February 2012

Royal Dutch Shell and other natural resources companies have stepped up efforts to counteract planned anti-corruption rules that would force them to disclose payments to governments in countries where they operate. The Anglo-Dutch group, Europe’s largest oil and gas company by market capitalisation, has put forward a series of alternatives, arguing that the current proposals will have "limited impact and unclear benefits”.


 

 
Jump in pay for non-executive directors, The FT
19 February 2012

Non-executive directors of FTSE 100 companies received rises averaging 10 per cent in businesses where fees were increased over the past year, a study has found.  Two-thirds of FTSE 100 companies increased basic fees during the 12 months to last June, according to Incomes Data Services, the pay monitoring group.


 

 
London traders named in worldwide rate-fixing probe, The Sunday Times
19 February 2012

Court documents have revealed the names of City traders who are being investigated over allegations that they attempted to rig international interest rates during the financial crisis.  Legal papers filed in Canada demanding more information allege that executives at six big banks exchanged information to attempt to influence the London interbank offered rate (Libor), the key interest rate at which banks lend to one another.


 

 
Facebook ‘will pay no tax for decade’, The Sunday Times
19 February 2012

Facebook could avoid paying corporation tax in America for up to a decade thanks to the huge windfalls staff will bank from the company’s $100 billion (£63 billion) stock market float. The social networking giant will receive several billion dollars in tax credits when Mark Zuckerberg, the chief executive, and other executives cash in share options after the group goes public.


 

 
North Face uses down from force-fed geese, The Sunday Times
19 February 2012

The North Face, the clothing brand known for its padded, down-filled winter anoraks, has been stuffing them with feathers plucked from geese force-fed to make foie gras paté.  This weekend The North Face, which is based in California, admitted it was using the down when presented with evidence of where it had been sourced.  The admission by The North Face appears to contradict previous claims by the company in publicity material and in responses to customers’ questions that products are sourced ethically and sustainably.


 

 
Energy watchdog tells big firms: cut prices or else, The Independent
17 February 2012

A cap on fuel bills could be introduced for the first time in more than a decade amid rising concern that customers are being ripped off by the Big Six energy firms, the regulator Ofgem has told The Independent. The dominant companies – EDF, E.on, British Gas, Scottish and Southern, Scottish Power and Npower – will have to overhaul their confusing and expensive tariffs this year to escape tougher action, it said.


 

 
Senior bankers caught up in film investment tax probe, The Independent
16 February 2012
Three senior investment bankers have emerged as being among the 16 individuals arrested last week as part of an investigation into allegations of tax evasion involving film financing schemes.
 

 
Former executives, bankers arrested over Olympus fraud, Reuters
16 February 2012
Four months after one of Japan's biggest corporate scandals, police and prosecutors on Thursday arrested seven men, including the former president of Olympus Corp and ex-bankers, over their role in a $1.7 billion accounting fraud at the medical equipment and camera maker. Tokyo prosecutors arrested ex-President Tsuyoshi Kikukawa, former Executive Vice President Hisashi Mori and former auditor Hideo Yamada on suspicion of violating the Financial Instruments and Exchange Law, officials said.
 

 
L&G employee arrested in trading probe, The FT
16 February 2012
A 44-year-old man employed at Legal & General Investment Management, one of the UK’s largest investment firms, has been arrested by the Financial Services Authority. It is the regulator’s ninth arrest in two years in connection with its largest operation against alleged insider trading. The regulator, along with Serious Organised Crime Agency, launched a pre-breakfast raid on a City firm and two domestic premises, one in London and one in Kent, as part of its continuing investigation codenamed "Tabernula”, which is probing a group of individuals and alleged trades of up to £22m.
 

 
Citigroup Whistle-Blower Says Bank’s ‘Brute Force’ Hid Bad Loans From U.S., Bloomberg
16 February 2012

Four years after rotten mortgages helped trigger a global financial crisis, Sherry Hunt said her Citigroup Inc. quality-control team was still finding flaws in new loans that included altered tax forms, straw buyers and borrowers who listed fictitious employers. Instead of reporting the defects to the Federal Housing Administration, the bank saddled the agency with losses by falsely declaring the loans fit for its federal insurance program, according to a complaint filed yesterday by the U.S. Attorney’s Office in Manhattan. Citigroup agreed to pay $158.3 million to settle the claims, and admitted that it certified loans for FHA backing that didn’t qualify.


 

 
UBS suspends traders in Libor probe, The FT
16 February 2012
Inquiry has widened in recent weeks, with more than a dozen staff fired, suspended or placed on leave at different banks.
 

 
Citigroup to pay $158m to end mortgage probe, The FT
16 February 2012

Citigroup has agreed to pay $158m to resolve an investigation into its mortgage practices after admitting it defrauded a federal insurance programme designed to encourage home ownership out of hundreds of millions of dollars. In settling the civil allegations with the US attorney’s office in Manhattan, Citigroup "admits, acknowledges, and accepts responsibility” for failing to comply with the terms of the insurance programme and for filing false statements certifying that loans qualified for the programme.


 

 
Apple chief insists on commitment to improve Chinese labour conditions, The Guardian
15 February 2012

Apple chief executive Tim Cook has insisted that the company is committed to improving conditions for workers in its supply chain and eradicating underage labour. Speaking at a Goldman Sachs technology conference, the transcript of which has been put online by Macrumors, the head of the world's most valuable company tackled the topic of conditions in Apple's supply chain in China and other countries, where the Fair Labor Organisation (FLA) has begun inspecting conditions in the factories carrying out final assembly of Apple products.


 

 
Met probes claims that Sun paid some public officials more than £10k a year, The Guardian
15 February 2012

The Scotland Yard investigation into alleged illegal payments by Sun journalists to police and other public officials is looking into claims that some individuals received more than £10,000 a year and were "effectively on retainer". News Corporation's controversial internal unit passing information about alleged illegal practices by News International journalists to the Metropolitan police believes it has uncovered evidence of "serious suspected criminality over a sustained period" by some public officials supplying information to the Sun.


 

 
NZ: Gold trader in liquidation as SFO swoops, National Business Review
15 February 2012

The Serious Fraud Office has opened a formal investigation into an Auckland gold and precious metals trading company whose clients claim to have lost their funds. Meanwhile, Grace Holdings, trading as BullionBuyer.co.nz, has been placed in liquidation as investors continue to search for answers. Last week NBR reported the Fraser family of Christchurch said they had had been told the $350,000 they had invested with Bullion Buyer was gone.


 

 
US biotech giant guilty of poisoning French farmer, The Independent
15 February 2012

In a landmark ruling for global efforts to curb the use of chemicals in agriculture, the US bio-tech firm Monsanto has been found guilty of "poisoning" a French farmer. A court in Lyon decided the agro-business multinational had ruined the health of Paul François, 47, a cereal farmer from western France who accidentally inhaled fumes from its Lasso weed-killer in 2004.


 

 
NZ: Marnie Adams loses licence for six months, National Business Review
14 February 2012

Former high-flying real estate agent Marnie Adams has plead guilty to misconduct charges. The Real Estate Agents disciplinary tribunal has ordered her licence be suspended for 6 months and fined her $10,000 plus $5,000 costs.  The charge was in relation to acquiring an interest in a property she had listed without obtaining the consent of her vendor clients or informing them of her interest in the property.


 

 
Goodyear Discloses FCPA Probe After Whistleblower Tips, Wall Street Journal
14 February 2012

The Akron, Ohio-based company said in its annual report it received an anonymous tip in June 2011 via its whistleblower hotline that Goodyear’s majority-owned joint venture in Kenya may have made improper payments. A month later an employee in Angola reported similar allegations.


 

 
SFO faces inquiry into operations, The FT
14 February 2012

Dominic Grieve, the attorney-general, has ordered the first inquiry into the UK’s anti-fraud authority to help improve its operations only weeks after it was forced into a climbdown. The Financial Times has learnt that Mr Grieve asked the head of the Crown Prosecution Service Inspectorate – the independent body that monitors the work of the CPS – to undertake a review of the Serious Fraud Office’s cases and the way it selects files to investigate, to begin next month.


 

 
Apple admits it has a human rights problem, The Independent
14 February 2012
Thousands of Chinese factory workers will be given the chance to detail the punishing conditions on assembly lines producing Apple iPads and iPhones, after the US company bowed to criticism and agreed to allow independent inspections of its supply chain. Facing a growing scandal over the working conditions of those making its best-selling gadgets, Apple has called in assessors from the same organisation that was set up to stamp out sweatshops in the clothing industry more than a decade ago. The move is an admission that Apple's own system of monitoring suppliers has failed to stamp out abuses, and that the negative publicity surrounding its Chinese operations threatens to cause a consumer backlash against its products.
 

 
NZ: Action launched over Feltex statement
13 February 2012

The liquidators of failed carpet maker Feltex have launched proceedings against big four accountancy firm Ernst & Young (E&Y). The action relates to Feltex' incorrect December 30, 2005, half-year financial statement prepared by Ernst & Young, the liquidators said.


 

 
NZ: Last of South Canterbury Five named, National Business Review
13 February 2012

Suppression orders preventing the naming of former South Canterbury Finance directors Edward Sullivan and Robert White, charged with $1.7 billion of fraud, have lifted. The suppression orders expired in the Timaru District Court this morning. Mr Sullivan and Mr White have been charged by the Serious Fraud Office along with former South Canterbury chief executive Lachie McLeod and company accountants Terrence Hutton and Graeme Brown. The charges relate to the alleged disguise of related-party loans that breached the company’s trust deed and the government guarantee and resulted in $1.58 billion paid out of public funds to depositors and bondholders.


 

 
News Corp may face US inquiry after Sun arrests at News International, The Guardian
13 February 2012

Rupert Murdoch's News Corporation faces the increased prospect of a full-blown inquiry by US authorities as part of the continuing investigation into alleged bribery of public officials under America's foreign corrupt practices act, after the latest round of arrests of senior journalists at the Sun this weekend. Murdoch flies into London later this week on a scheduled visit at a time of turmoil for Britain's best-selling newspaper, with journalists on the title angry at News Corp's powerful management and standards committee (MSC), whose reconstruction and trawl of the company's email archive produced the evidence that led to the arrests.


 

 
Olympic sponsorship row fuelled by Bhopal revelations, The Independent
13 February 2012

Olympic sponsors Dow Chemical Company secretly traded through a web of intermediaries to avoid a legal ban on selling products in India after the Bhopal gas disaster which killed up to 25,000 people. Legal documents obtained by The Independent show that Dow continued to permit the unlawful practice started by Union Carbide Corporation (UCC), the company ultimately responsible for the disaster, after it bought the "tainted” company in February 2001. The multi-million dollar sales, made possible by a web of independent intermediary companies, breached a 1992 ruling by an Indian court. The court order, which prohibited the sale of UCC products without court approval, was issued to compel Union Carbide authorised officials to return to India to face criminal charges for culpable homicide relating to the 1984 gas explosion.


 

 
Stelios rages at investors over easyJet bonus culture, The Independent
13 February 2012

Sir Stelios Haji-Ioannou, founder of easyJet, yesterday set the scene for a tumultuous clash with the budget airline's board at next week's annual meeting with a fresh attack on a new £8m bonus scheme and an astonishing broadside against the shareholder Standard Life. The Cypriot, who controls 38 per cent of the airline's shares, was enraged by the decision by the firm's top three institutional investors to back the board's incentive plans, which could generate huge share bonuses for easyJet's top executives over the next three years.


 

 
Bear Stearns Ex-Managers to Pay $1 Million to Settle Fraud Case, The New York Times
13 February 2012

Two former Bear Stearns hedge fund managers have agreed to pay about $1 million to settle a civil lawsuit brought by the Securities and Exchange Commission, avoiding a second trial over whether they defrauded investors. As part of the deal with the agency, neither of the former Bear executives, Ralph R. Cioffi and Matthew M. Tannin, will admit any wrongdoing. The agency has been sharply criticized in the courts and in Congress for allowing defendants to settle fraud cases without admitting or denying the charges.


 

 
Avon 2005 internal audit gets scrutiny: sources, Reuters
13 February 2012

Federal prosecutors are investigating a draft internal report from 2005 by Avon Products Inc (AVP.N) that flagged concern about the cosmetics seller's compliance with U.S. anti-bribery laws, two people familiar with the matter said on Mon

Avon launched a full internal inquiry in 2008 into whether it violated U.S. anti-corruption laws through its business in China, but that earlier report suggests at least some employees at the company had previously raised similar concerns.

 

 
Google pays only 3% tax on foreign profit, The Sunday Times
13 February 2012

Google paid 3% tax on its overseas earnings last year after passing billions of dollars through an Irish subsidiary. The search giant generated $7.6 billion (£4.8 billion) of profit outside America in 2010, and paid a mere $248m in tax. Its Dublin office is the location for "substantially all the income from foreign operations”, Google revealed in documents filed with the US regulator.


 

 
Bankers arrested in UK tax fraud probe, The FT
12 February 2012
Tax authorities have arrested a number of investment bankers at Royal Bank of Scotland and other banks in an inquiry into alleged fraud. Investigators arrested four current and one former RBS employee at their homes, as well as several bankers at two other banks, on allegations that they used investments in film productions to evade taxes.
 

 
Lord Davies warns over attacks on bonuses, The FT
12 February 2012
Public attacks on executives could dissuade successful business leaders from taking on high-profile roles in the future, according to former trade minister Lord Davies. The UK is currently at a tipping point, he warned, where continued negative attention could persuade more top industry figures to opt for roles within privately owned companies, or overseas.
 

 
Tenon accused by ‘whistleblower’ of breaking accounting rules, The Times
11 February 2012

Britain’s only publicly listed accountancy firm has been accused of breaching accounting rules by a former manager who claims that he was dismissed for blowing the whistle. RSM Tenon has been accused of overstating profits in its recovery business through a series of "bad practices”, including prematurely recognising revenues on insolvency cases, according to legal documents seen by The Times. Duncan Swift, the former head of Tenon’s Southampton office, alleges that he was fired from his £230,000-a-year post in April last year after bringing the alleged bad practices to the attention of the company’s board.


 

 
Albanese waives bonus over failed deal, The Times
10 February 2012

The chief executive of Rio Tinto has waived his bonus of up to £2 million after the London-based mining giant wrote off $9 billion on the aluminium business acquired just before the credit crunch. Tom Albanese said it was the "right thing to do” because the $44 billion debt-laden deal to buy the Canadian aluminium business Alcan in 2007 had happened "on my watch”.


 

 
Citigroup took $50m loss over Libor probe, The FT
10 February 2012
Citigroup was forced to write off $50m after two traders accused of attempting to influence global lending rates left the bank, according to people familiar with a worldwide investigation that is gathering pace. Nine separate enforcement agencies in the US, Europe and Japan have been probing whether US and European banks manipulated the London Interbank Offered Rate or Libor, the benchmark reference rate for $350tn worth of financial products, and other interbank lending rates.
 

 
End energy profiteering: The rich get richer, the poor get colder, The Independent
10 February 2012

More than 5.5 million households are suffering under fuel poverty, many being forced to choose between heating or eating. Meanwhile the Big Six energy suppliers increased their profit margins by 733 per cent in just three months last year. Enough is enough. Today The Independent supports a campaign to force energy companies to share their profits with the needy.


 

 
Barclays sparks anger over bonuses, The Independent
10 February 2012

Barclays was accused of ignoring anger over bonuses and running "business as usual" as it revealed a £1.5 billion pot for investment bankers today. A 32% cut to the bonus pool at Barclays Capital in 2011 was in line with a 32% fall in profits at the investment arm and did not signal the change required, major shareholder group the Association of British Insurers (ABI) warned. Providing more disclosure on bonuses in its annual results than previously, the bank said the average bonus for staff at Barclays Capital was cut by 30% to £64,000 in 2011 while the group's total bonus pool was down 25% at £2.2 billion.


 

 
Recruiters 'have racial bias', claims report, The Telegraph
09 February 2012
Recruiters are at loggerheads with equality campaigners after a controversial report suggested racism was prevalent among recruitment agencies during the hiring process.
 

 
NZ: SFO looking into gold bullion fraud
09 February 2012

The Serious Fraud Office will advise securities regulator the Financial Markets Authority (FMA) whether it needs to get involved in the case of an Auckland bullion trader which has allegedly lost clients' money. The SFO is looking into how funds invested into leveraged options in gold allegedly disappeared, after a Christchurch family said it had lost an inheritance. The matter came to the SFO's attention yesterday when it received two complaints about Auckland precious metals trader Bullion Buyer.


 

 
Trustees emptied pension fund to gamble on property, The Times
09 February 2012

Pension experts were appalled last night when it was disclosed that a company pension fund had been effectively hijacked by its trustees, who sold its conventional assets, geared up the proceeds with bank debt and bet almost the whole lot on speculative property developments. At the same time, they siphoned off more than £1.1 million in salaries, bonuses and fees from the fund created from contributions of former employees of Hugh Mackay’s, a now defunct carpetmaking firm in Durham. At one point the fund had liabilities of £43 million and assets of £800,361.


 

 
Ernst & Young fined record $2m over audit, The FT
08 February 2012
Ernst & Young has been hit with a record $2m fine for failing to properly audit a pharmaceutical company’s annual financial statements and disregarding its own internal policies. The penalty, levied as part of a settlement with the US Public Company Accounting Oversight Board, is double the previous record, a $1m fine in 2007 against Deloitte & Touche.
 

 
Sanofi to receive $270m payment from Apotex, The FT
08 February 2012
Sanofi, the French pharmaceutical group, will receive a $270m payment from its generic rival Apotex over rights to its blockbuster blood thinner Plavix, briefly easing the impact of patent expiries on one of the world’s top-selling drugs. The settlement – bringing to an end a decade-old legal dispute – came as Sanofi posted 2011 pre-tax profits ahead of joint ventures down 14 per cent to €5.3bn on sales up 3 per cent to €33.4bn. Sanofi warned that loss of exclusivity on Plavix and Avapro would this year help depress earnings by a further 12-15 per cent.
 

 
The world of finance needs a shame culture, The FT
08 February 2012
Two broad objections have been advanced to the government’s decision to strip Fred Goodwin of his knighthood. Both have to do with fairness. The first is that the punishment does not fit the crime – or, to be exact, the non-crime. Mr Goodwin may have made disastrous decisions at the helm of Royal Bank of Scotland, but he has never been convicted of anything. In the past, honours have been taken away only from those who have been found guilty of a criminal offence or censured by some regulatory body.
 

 
David Cameron may set targets for women in boardrooms, The Telegraph
08 February 2012
British businesses could be forced to appoint fixed quotas of women to their boards of directors under radical plans being considered by the Government.
 

 
It’s all about good business ethics, not a CSR smokescreen, The FT (Letters)
08 February 2012
Sir, Gillian Tett ("When making shampoo becomes a service to society”, February 4) steers a sensible line in her remarks about the role of corporate social responsibility in salving the corporate conscience. I am more sceptical, however, about her premise that what we are witnessing is the relentless rise of CSR.
 

 
NZ: Directors' pay up but restrained, says survey, NZ Herald
08 February 2012

Director base pay last year rose more than five times the rate of the average worker but according to a survey boardrooms are showing restraint in light of an uncertain economic environment and public sensitivity. The survey by Moyle Remuneration Consulting found that for those who got a rise the median increase in base fees last year was 11.1 per cent for non-executive directors, which between 2004 and 2009 consistently ran between 15 per cent and 20 per cent. The median increase for chairmen was 12 per cent.


 

 
No antitrust hurdle to Xstrata merger, The FT
07 February 2012
Antitrust authorities posed no "hurdle” to the $90bn megamerger to unite Xstrata and Glencore, the chief executive of Xstrata said, but admitted the approval process would nevertheless be "a long affair”. Mick Davis said that winning a regulatory green light in Brussels, China and South Africa would be time consuming but no more than a "legal formality”, as many competition authorities already see the tie-up as "a practical reality”.
 

 
George Osborne pledges battle against 'anti-business culture' amid bonus row, The Guardian
07 February 2012

George Osborne says the government is determined to fight an anti-business culture as ministers seek to fend off criticism from high-profile City figures of their handling of bonuses at Royal Bank of Scotland and Network Rail. Speaking to the Federation of Small Businesses on Tuesday night, the chancellor said it was up to people who "believed in the free market" to fight against rewards for failure in the financial system. He added: "There are those who are trying to create an anti-business culture in Britain – and we have to stop them. At stake are not pay packages for a few but jobs and prosperity for the many."


 

 
Pressure on News Corp mounts as FBI steps up bribery probe, The Telegraph
07 February 2012
Rupert Murdoch's News Corporation is under intensifying pressure in the US after American authorities stepped up their investigations into allegations of criminal activity.
 

 
Xstrata chief Mick Davis urged to forgo £11m bonus, The Telegraph
07 February 2012

A top five shareholder has told the company that Mr Davis should "be very careful about what his pay rations look for doing a deal he personally benefits from”, whatever his contractual entitlement. The warning, in the wake of the furore over the bonus for Royal Bank of Scotland boss Stephen Hester, comes amid a growing backlash from Xstrata’s leading investors about Glencore’s so-called "merger of equals”.


 

 
Former GE Exec Claims He Was Fired For Relaying FCPA Concerns, Wall Street Journal
07 February 2012
"The Plaintiff provided information to his immediate supervisor and to the Ombudsperson for GE regarding potential violations of the Foreign Corrupt Practices Act committed by GE during negotiations for a lucrative, multi-year deal with the Iraqi Ministry of Electricity,” the complaint said. "Plaintiff asserts that in retaliation for raising these concerns he was harassed, pressured to vacate his position as GE Iraqi Country Executive and ultimately discharged from his employment.”
 

 
Smith & Nephew in $22m bribes fine, The FT
07 February 2012
UK-based medical devices company agrees to a settlement following a probe by US authorities that it bribed Greek doctors to use its products.
 

 
James Moore: Big business just doesn't understand it has a problem over bosses' pay, The Independent
07 February 2012
Is Britain anti-business? That is a view that is being loudly expressed in corporate circles as the debate over executive pay rages. The City and the wider business community feels unloved and this was apparently expressed to David Cameron at a meeting of his business advisory group yesterday. Have the chief executives got a case, though? What has made business leaders particularly unhappy is the debate over pay, and the political response to it which came to a head over Royal Bank of Scotland's (RBS) proposed bonus for Stephen Hester, pictured. The feeling is that having agreed to a deal he was "bullied" out of taking a bonus that was rightfully his.
 

 
More bonuses hit the buffers: rail bosses bow to pressure and turn down top-ups, The Independent
07 February 2012
The Government will come under fresh pressure today to end Britain's "bonus culture" despite a climbdown by Network Rail bosses over plans for them to land huge salary top-ups. In a Commons debate, Labour will shift its target back to the banks, arguing that privately-owned companies like Barclays must show restraint because they were indirectly backed by taxpayers during the 2008 financial crisis. Barclays is due to announce its annual bonuses on Friday. Although there is speculation that it could cut them by about 30 per cent, Bob Diamond, the chief executive, could still be entitled to a multi-million pound payment.
 

 
Allen Stanford trial hears of scramble to cook books as last millions ran out, The Guardian
07 February 2012

Allen Stanford used fake accounting to prop up his offshore bank in its waning days as withdrawal requests from investors poured in, Stanford's former top deputy has said. Faced with a worrying number of withdrawals in 2008, Stanford came up with a plan to make a $600m (£380m) capital infusion into the bank, said James Davis, Stanford's former chief financial officer and the US government's top witness.


 

 
NZ: Offender gets community service in MTF fraud case, NZ Herald
07 February 2012

One of the seven men accused of defrauding Dunedin-based vehicle finance company MTF has been sentenced to 100 hours' community service. Steward Travis Saunders pleaded guilty to one charge of illegally obtaining funds for personal gain and was sentenced in the Auckland District Court last week.


 

 
NZ: NZ has high rate of men only boards
07 February 2012

New Zealand businesses have the most all-male boards out of the Asia Pacific region, according to a new survey. The latest research from executive recruiter Korn/Ferry shows that 65 per cent of all company boards in New Zealand are male-only, more than in India, Malaysia, Singapore and Hong Kong. It is more than double the figure of male-dominated boards in Australia, where 29 per cent of companies have boards made up of men only.


 

 
NZ: More immigrants in slave labour claims
07 February 2012

Three more immigrants have come forward reporting mistreatment by an Auckland liquor store owner, after accusations from a group of former employees last week who said they were treated like slaves. Employment specialist Max Whitehead is representing eight of the immigrant workers who claim they were badly paid, not allowed breaks to eat and were sexually and verbally harassed. The men claim they are owed thousands by their employer, who they say falsified their pay slips.


 

 
How £50m in UN food aid for starving went to buy wheat from Glencore, The Guardian
06 February 2012

More than £50m of World Food Programme aid to feed the starving has ended up in the hands of a London-listed commodities trader run by billionaires, despite a pledge by the United Nations agency to buy food from "very poor farmers". Glencore International, which buys up supplies from farmers and sells them on at a profit, was the biggest single supplier of wheat to the WFP over the last eight months, the Guardian can reveal.




 

 
NZ: Doing well, as well as doing good
06 February 2012

New Zealand was the first country to give women the vote. It challenged apartheid in South Africa. It prides itself on environmentalism, and carefully promotes it's clean, green image to the world. This country marches at the forefront of the changing moral zeitgeist - or so we would like to believe. But those noble principles seem to fly out the window when it comes down to ethically investing our money.


 

 
Network Rail urged to scrap £20m bonus pot, The Times
06 February 2012

Ministers have heaped pressure on Network Rail to reject a £20 million bonus package for six senior executives in the latest row over excessive rewards for state employees. Justine Greening, the Transport Secretary, will take the unprecedented step of attending the company’s annual general meeting this week to oppose the plans, which include a £340,000 bonus for Sir David Higgins, the chief executive.


 

 
Boards fall behind in the drive to appoint women, The Times
06 February 2012

Britain’s biggest companies will miss a deadline to have a quarter of their boardroom positions filled by women unless more is done to move talented female executives up the corporate ladder, recruiters have warned. As things stand, the target of having 25 per cent of FTSE 100 directorships held by women will be met two years late, in 2017, the search firm Norman Broadbent said.


 

 
Apple under pressure over board elections, The FT
05 February 2012
Apple will face fresh shareholder pressure at its annual meeting this month to change the way it elects directors. Calpers, the California Public Employees’ Retirement System, the largest US public pension fund, has called for the largest US company by market capitalisation to allow directors to be elected by majority voting. At present, Apple shareholders can only withhold their vote on an election of a director, rather than vote against. If a director is unopposed he only requires one vote in favour to retain the post, irrespective of how many votes are withheld. "Apple needs a governance upgrade,” said Anne Simpson, head of corporate governance for Calpers.

 

 
European Commission may probe ‘Glenstrata’ merger, The Telegraph
05 February 2012
Xstrata and Glencore could face an unexpected competition hurdle to their proposed £50bn merger, with the European Commission (EC) poised to ignore an earlier ruling that would have avoided an investigation.
 

 
Barclays boss’s pay package to top £11m, The Telegraph
05 February 2012

The bank is expected to announce £6bn profits together with a £1.5bn bonus pool for its investment bankers. The performance could lead to a £2.5m bonus for Mr Diamond taking his total package to around £11m. It is not certain whether the bank will confirm Mr Diamond’s payout when it releases its figures. Barclays is the first of the big banks to report its annual results. The bank will counter the argument over pay by revealing it has exceeded the Government’s lending target.


 

 
US tax evasion hangs over Swiss banks, The FT
05 February 2012
When Boris Collardi delivers the 2011 results of Julius Baer on Monday morning, his audience will, for once, not be focused just on the financial performance of Switzerland’s biggest "pure play” private bank. On Thursday, the same will apply to Credit Suisse, and, on Friday, Zürcher Kantonalbank (ZKB). All three are among the 11 banks identified by the US authorities investigating alleged assistance in helping Americans evade tax.
 

 
‘If the customer doesn’t make a complaint, don’t fix the car’, The Sunday Times
05 February 2012

Dealers feared being fined by Toyota if they carried out ‘cosmetic repairs’ that did not affect safety. Insight reports.


 

 
Revealed: Facebook’s network in offshore tax havens, The Sunday Times
05 February 2012

Facebook has been funnelling hundreds of millions of dollars through its Irish operation in an apparent effort to reduce its tax bill. The social networking site moved 15% of its global revenues through Dublin in 2010, according to the accounts for an Irish subsidiary. The accounting manoeuvre allows Facebook to exploit Ireland’s 12.5% corporation tax rate, against 35% in America. Companies with Irish headquarters can often avoid paying taxes on profits generated outside the Republic.


 

 
UBS’s silly menu leaves a bad taste in the mouth, The FT
05 February 2012

A reader was recently invited to lunch in the private dining rooms at UBS in London. On the table in front of him was a menu listing what he was about to eat. Nothing odd about that, but then he flipped the card over and found a peculiar declaration printed on the back.It is rather long, but I’m quoting it in full as it is the most extreme example I’ve ever seen of a company tripping up as it tries to prove how upstanding it is: "At UBS we promote a corporate culture that adheres to the highest ethical standards across all areas of our business. Our commitment to excellence in all we do, combined with a desire to understand and fulfil our clients’ requirements translates into our client dining experience. That is why, where possible, our menus are crafted from the finest seasonal produce which is ethically sourced, organic and unsurpassed in quality and value. Just like our business.” This is an object lesson in how not to do it. For a start, no organisation should ever announce in public that it is ethical.


 

 
Twelve banks investigated over Libor ‘manipulation’, The Times
04 February 2012

A dozen big international banks are being investigated over suspicions that they colluded to manipulate the rates used in trillions of dollars worth of derivatives trades. The Swiss Competition Commission said it had received information that the banks, which include HSBC and Royal Bank of Scotland, might have unlawfully manipulated the London interbank offered rate (Libor).


 

 
Helphire in talks over ‘lost millions’, The Times
04 February 2012

Allegations of widespread fraud and "industrial-scale perjury” at the collapsed motor consultancy Autofocus have prompted a second car hire company to take action to recover possible losses. Helphire, a Bath-based provider of replacement hire cars for accident and crash victims, is estimated to have lost tens of millions of pounds as a result of alleged systematic deception by Autofocus and its staff.


 

 
Wegelin charged with aiding tax evasion, The FT
03 February 2012
The criminal charges against the 271-year-old private Swiss bank mark the first indictment of an overseas bank for aiding tax fraud.
 

 
Waterstones ends unpaid work placements after investigation, The Guardian
03 February 2012

The high street book store Waterstones has pulled out of a government scheme that employed unpaid jobseekers in its stores after a Guardian investigation uncovered the practice at one of its outlets. More than a dozen other high street chains have been taking on unemployed workers for weeks without pay as part of the government's Work Experience scheme and others like it. In a case lodged in the high court, the government has defended itself against claims that the unpaid work experience schemes are contrary to Human Rights Act legislation on forced labour.


 

 
Bonus backlash: PM urged to block rail chief's payout, The Independent
03 February 2012
David Cameron is under new pressure to intervene to halt multimillion-pound bonuses for more top businessmen after it emerged that bank and rail bosses are in line for huge top-up payments next week. Labour is to force a Commons vote next Tuesday on a call to end the "bonus culture" at the banks. It is timed to head off plans for Bob Diamond, the chief executive of Barclays, to land a bonus in shares worth up to £10m, seven-and-a-half times his £1.35m salary.
 

 
NZ: Accusations fly over kiwifruit grafting
03 February 2012

Zespri has appointed former judge and mediator Sir Peter Trapski to investigate claims a board member is associated with the "illegal" grafting of a new gold kiwifruit variety. The disease-devastated export industry is pinning its recovery hopes on the new fruit. Chairman John Loughlin said the allegation concerns deputy chairman Peter McBride, whose brother Murray is alleged to have grafted the Zespri-licenced new G3 gold variety without a licence on a large orchard in the Psa-hit Bay of Plenty.


 

 
Cambodian workers hold 'people's tribunal' to look at factory conditions, The Guardian
02 February 2012

Workers in Cambodia will hold a "people's tribunal" next week to investigate pay and conditions at factories working for fashion brands including H&M and Gap. An international panel of judges will hear evidence from workers, factories and multinational brands including Puma and Adidas. H&M said it would not attend but would supply information about how it was addressing wages at its suppliers' factories in the country.


 

 
UniCredit’s ex-chief faces tax fraud trial, The FT
02 February 2012
Milan’s chief prosecutor has asked for Alessandro Profumo, the former head of UniCredit, three Barclays employees and 16 other people to stand trial for an alleged tax fraud set up by the British bank and used by Italy’s largest lender by assets. A judge must now decide whether to agree to a trial.
 

 
Lloyds chief to take away £5m after state bail-out, The Times
02 February 2012
David Cameron is facing a new row over rewards for banking failure after it emerged that Lloyds Banking Group is preparing to give its investment banking chief a farewell package of up to £4.8 million. The total package — which could be five times higher than the controversial bonus waived by Stephen Hester at Royal Bank of Scotland this week — will reignite the row over excess pay in state-controlled banks. Truett Tate, a 61-year-old American who works in the London headquarters, is leaving as part of a revamp of the senior ranks at Lloyds, which was rescued with £20.3 billion of public money in 2008.
 

 
NZ: Firm fined for dismissing pregnant worker
02 February 2012

A Sydney printing company that dismissed a clerical worker because her pregnancy had "caused a lot of inconvenience" has been found guilty of grossly breaching its obligations and fined more than A$20,000 ($26,000). When Jiongqui Ye, 36, told her boss at the Wongtas printing company she was pregnant, she was told that she might not be able to return to her position and a replacement would be hired for her to train.


 

 
Companies unclear about calls for more transparency, The Telegraph
02 February 2012
As the furore over bankers' bonuses drives calls for greater boardroom transparency, a major new report reveals some confusion over what it means to be open and clear.
 

 
Drink problems in workplace 'ignored', The Telegraph
02 February 2012
Alcohol Concern has warned FTSE 250 companies are burying their head in the sand over drinking problems among workers.
 

 
Deloitte accused over MG Rover links, The FT
02 February 2012
Deloitte and one of its former partners have been accused of misconduct over their links to the businessmen who presided over the collapse of British carmaker MG Rover. The Accountancy and Actuarial Discipline Board, a regulator, has decided to haul Deloitte’s UK arm before a public tribunal to answer for an array of alleged failures related to the scandal.
 

 
US launches probe into Qualcomm, The FT
02 February 2012
The US Justice department has launched an anti-corruption investigation into the activities of Qualcomm, the world’s biggest chipmaker for mobile phones. The company said on Wednesday it learned last week that the US attorney’s office in San Diego, California – the city where Qualcomm is based – had begun a preliminary inquiry regarding its compliance with the Foreign Corrupt Practices Act (FCPA).
 

 
NZ: Bridgecorp witness uneasy over $100m transaction, NZ Herald
02 February 2012

A transaction worth more than $100 million between Bridgecorp and a group allegedly acting as its "piggybank" did not have proper approval, lacked supporting documents and was at odds with the failed finance company's own rules, a new witness has told the High Court. The trial of three former Bridgecorp directors - Rod Petricevic, Rob Roest and Peter Steigrad - continued in Auckland yesterday, with the finance company's credit risk manager Wayne Hawkes giving testimony.


 

 
NZ: Lombard directors acted with honesty, integrity: defence, NZ Herald
01 February 2012

The directors of Lombard Finance & Investments acted with honesty and integrity, using the best information they had available to them, according to the defence counsel. Counsel for Doug Graham and Lawrence Bryant, Paul Davison QC, told the High Court in Wellington his clients acted honestly and with integrity while directors of the failed lender, and acted on the best advice available to them when signing off on offer documents.


 

 
L'Oréal advert featuring Rachel Weisz banned for being 'misleading', The Guardian
01 February 2012
Watchdog says digitally enhanced image of actor on anti-wrinkle cream advert exaggerated performance of product.
 

 
Ex-Credit Suisse traders face US charges, The FT
01 February 2012
Two former Credit Suisse traders are to be hit with criminal charges for allegedly mispricing mortgage-related securities that resulted in a $2.8bn writedown by the bank at the height of the financial crisis, according to people familiar with the matter. The two men are expected to plead guilty to charges from federal prosecutors alleging that they purposefully mispriced collateralised debt obligations (CDOs) to avoid taking losses in 2008, a person familiar with the matter said. It would be the first criminal case involving the valuation of structured products during the crisis.
 

 
NZ:Chrisco fined $175,000 for overcharging on cancellation fees, National Business Review
01 February 2012

Christmas hamper company Chrisco Hampers has been fined $175,000 for overcharging customers on hamper cancellation fees. In some cases, Chrisco was charging customers as much as $800 for cancelling their Christmas hamper orders, an investigation by the Commerce Commission found. In the Manukau District Court today, Chrisco plead guilty to 10 charges under the Fair Trading Act for by misleading customers about terms of cancellation and fees.


 

 
NZ: Sir Douglas accused of Lombard leadership failure, NZ Herald
01 February 2012

Sir Douglas Graham failed in his role as chairman of Lombard Finance & Investments by not taking a more active role in getting to know the property development business as the lender ultimately failed, the Crown prosecutor says. Graham let Lombard Finance's management deal with an increasingly problematic loan book, and didn't lead greater board scrutiny of the lender's practices, prosecutor Colin Carruthers told the High Court in Wellington in his closing argument.


 

 
Russia Joins OECD Anti-Bribery Convention, Bans Bribes Abroad, Wall Street Journal
01 February 2012

Russia’s president signed into law a ban on bribing foreign officials, marking a major step in the country’s efforts to stamp out corruption. President Dmitry Medvedev announced the signature on Wednesday of the accession of Russia into the Organization for Economic Cooperation and Development’s anti-bribery convention, which enjoins it with 34 member countries that include some of the world’s biggest economies, including the U.S., Japan and others.


 

 
Qualcomm Discloses FCPA Probe, Wall Street Journal
01 February 2012
Qualcomm Inc. said Wednesday it is the subject of a U.S. investigation into possible violations of foreign bribery law. The San Diego-based company, which sells chips used in cellphones and earns royalties from licensing patents to handset makers, said in a filing with the Securities and Exchange Commission that it was told on Friday the SEC and the Justice Department began a preliminary investigation into the company’s compliance with the Foreign Corrupt Practices Act, which prohibits bribing foreign officials to get or keep business.
 

 
 
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