The Return of the Vampire of Finance

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A Tale of Two Parliaments

Postby antiaristo » Tue May 16, 2006 6:49 pm

<!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr><!--EZCODE FONT START--><span style="font-size:medium;">MPs back down in row with police over sleaze probe</span><!--EZCODE FONT END--><hr></blockquote><!--EZCODE QUOTE END--><br><br>Not a surprise from a legislature that makes a criminal offence to seek redress within a mile of its portals and looks away when the police shoot whomsoever they wish.<br><br>But Westminster CLAIMS to be a sovereign body....<br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>"These are big important public issues, but I want to be responsible and <!--EZCODE BOLD START--><strong>above all I don’t want it to be said</strong><!--EZCODE BOLD END--> at any point that we compromised police action." - Dr Tony Wright, Labour chairman<hr></blockquote><!--EZCODE QUOTE END--><br><!--EZCODE AUTOLINK START--><a href="http://www.timesonline.co.uk/printFriendly/0,,1-2-2183398-2,00.html">www.timesonline.co.uk/pri...-2,00.html</a><!--EZCODE AUTOLINK END--><br><br>While Holyrood (the Scottish Parliament) makes no such claim to sovereignty....<br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>Last night, Iain McKie, Shirley’s father, revealed that he was writing to Pauline McNeill, the Labour convener of the Justice 1 committee, urging her to place every witness under oath.<br><br>McNeill confirmed she was “considering” having witnesses put on oath before giving evidence, and using the Court of Session to recover documents, including the MacLeod report.<br><br>“<!--EZCODE BOLD START--><strong>It looks to me that we will be exploring new territory in how we can use our powers</strong><!--EZCODE BOLD END-->,” she said.<br><br>McNeill added: “The committee will be interested in hearing about facts – not opinion.”<hr></blockquote><!--EZCODE QUOTE END--><br><br>...but gets on with the job.<br><br>Really, the Westminster parliament is beyond salvation. One implied threat from Rupert Murdoch<br><br>"The question has to be asked whether this is an orchestrated move by MPs to protect their own, and avoid scrutiny"<br><br>and they fold.<br><br>As an aside, the labels are illuminating. Wright is "chairman" of his select committee while McNeil is "convenor" of the Justice 1 committee.<br> <p></p><i></i>
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Whistleblower cops it

Postby antiaristo » Tue May 23, 2006 9:18 am

Oh Lord! How many times have we seen this before. The criminals get off Scot free, and the whistleblower gets it in the neck.<br><br>That's what happens to people that open their mouths out of turn.<br><br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr><!--EZCODE FONT START--><span style="font-size:medium;">Dromey faces union censure in party loan row</span><!--EZCODE FONT END--> <br><br>· T&G general secretary urges action over deputy<br>· No 10 blamed for putting heat on Labour treasurer <br><br>Patrick Wintour<br>Friday May 19, 2006<br>The Guardian <br><br><br>The Labour party treasurer and whistleblower Jack Dromey is facing disciplinary action from his union for denouncing the way in which Downing Street raised £14m of secret loans to fund the party's election campaign. Mr Dromey's supporters claim he is being disciplined after pressure from Downing Street, a charge No 10 denies.<br><br>Mr Dromey, Labour's honorary treasurer, sent shock waves through the party and union movement on March 15 when he unexpectedly went on television and radio to denounce in vivid language the impropriety of Tony Blair taking loans for the party behind his and the party's back. He revealed he had not been consulted about the loans, as party treasurer, and had first found about them in the Sunday newspapers.<br><br>The general secretary of the Transport and General Workers' Union, Tony Woodley, has now written to the chairman of the union's executive committee demanding that he interview Mr Dromey - the union's deputy general secretary - over his conduct, including his failure to consult colleagues before his statements.<br><br>Critics claim that Mr Dromey's high profile intervention was self-indulgent and damaged the Labour party by drying up its funding. They also claim he opened a Pandora's box, forcing the issue of state funding up the political agenda, including whether Labour should still be allowed to take big donations from the unions.<br><br>Mr Blair has asked Sir Hayden Phillips, a senior civil servant, to see if he can reach an all-party consensus on extending state funding, and the Tories are already insisting that no organisation, including a union, should be allowed to give Labour more than £50,000 a year.<br><br>Mr Dromey's sympathisers claim he is being victimised as a result of pressure from Downing Street. They insist he was right to vent the feelings of the party, and had to act since he was bound as treasurer to be asked whether he had known about the loans. <!--EZCODE BOLD START--><strong>Mr Dromey, under the rules of the electoral commission, is legally liable for the party's finances</strong><!--EZCODE BOLD END-->.<br><br>Mr Dromey has denied that he acted after consulting supporters of Gordon Brown, the chancellor, but the inquiry is bound to ask if he spoke to any politicians before issuing a press release through the Transport and General Workers' Union denouncing the loans.<br><br><!--EZCODE BOLD START--><strong>All sides acknowledge that the loans were not unlawful</strong><!--EZCODE BOLD END-->, although they are now being investigated by the police to determine whether they were solicited in return for the offer of peerages.<br><br>Apart from Mr Blair, the then party general secretary Matt Carter, the party's chief fundraiser, Lord Levy, and the party's then chairman Ian McCartney, knew in principle about the decision to seek loans to raise extra cash for the election.<br><br>Mr Woodley's letter has been sent to Jimmy Kelly, the TGWU's executive chairman, who will issue a report with a view to disciplinary action. There has also been pressure from other unions angry with Mr Dromey. Some of the unions are in merger talks with the TGWU.<br><br>Both a TGWU spokesman and Mr Dromey refused to comment about the letter. But it is understood that Mr Dromey acted without consulting Mr Woodley, even though he had seen him earlier that day. Mr Dromey had also been at a meeting of the party at which it was agreed by the deputy prime minister, John Prescott, that no one would issue any statements. At the meeting Mr Dromey had sought answers about the loans.<br><br>In his broadcasts Mr Dromey told Channel 4: "The party needs to puts its house in order to restore public and party members' confidence," adding, "once and for all we have to end any notion that there is cash for favours in our political culture."<hr></blockquote><!--EZCODE QUOTE END--><br><br><!--EZCODE AUTOLINK START--><a href="http://politics.guardian.co.uk/labour/story/0,,1778605,00.html?gusrc=rss">politics.guardian.co.uk/l...?gusrc=rss</a><!--EZCODE AUTOLINK END--><br><br><br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>All sides acknowledge that the loans were not unlawful<hr></blockquote><!--EZCODE QUOTE END--><br><br>"Small people will more easily accept a big lie than a small lie."<br><br><br><br><!--EZCODE FONT START--><span style="font-size:medium;"><!--EZCODE BOLD START--><strong>NOTE TO JEFF</strong><!--EZCODE BOLD END--></span><!--EZCODE FONT END--><br><br>Could you please move this thread into Data Dump where I can more easily keep track on it. I'm going to be cross referencing quite a lot.<br><br>Thanks<br><br><br> <p></p><i>Edited by: <A HREF=http://p216.ezboard.com/brigorousintuition.showUserPublicProfile?gid=antiaristo>antiaristo</A> at: 5/23/06 7:21 am<br></i>
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Good Riddance

Postby antiaristo » Thu Feb 01, 2007 5:46 am

.

This is a surprise decision.
Something must have happened during this last month to change David's mind :lol:


Frontrunner Puttnam rules himself out for chairmanship of BBC


· Surprise decision after month of 'agonising'
· Peer says trust should criticise 'offensive' salaries

Will Woodward, chief political correspondent
Thursday February 1, 2007
The Guardian

The BBC's turmoil deepens today as Lord Puttnam, the favourite choice to replace Michael Grade as chairman of the corporation, announces he has decided not to apply for the post. Lord Puttnam, the Labour peer and former film producer who was supported by leading corporation insiders and the culture secretary, Tessa Jowell, writes in today's Spectator magazine that after a month of agonising he will not put his name forward to head the BBC trust, its reformed governing body.

In the article he urges the trust to criticise BBC management "in response to issues of public concern, such as the sometimes offensive salaries paid to key talent". The BBC came under fire last year for paying Jonathan Ross a reported £18m over three years.

Lord Puttnam was considered the frontrunner to restore morale at the BBC, still low after Mr Grade's surprise return to ITV. He was also seen as a fierce advocate of the corporation's independence.

"I will continue to be a vocal supporter of the BBC and all that, at its best, it continues to represent," he writes in the Spectator. "As an institution it is far from perfect, but it does continue to offer the possibility of an eventual victory for sanity over nihilism in the evolution of the nation's media output."

The decision is a surprise to some of his friends. Lord Puttnam believed until a short time ago that he would be a candidate. But after talking to his family he decided he could not commit himself fully to the four-days-a-week post.

Lord Puttnam said last night: "It's the right decision for me. The bottom line is that having reached a point in my life at which, living in Ireland, I have never been happier I couldn't find a way of justifying the possibility of upsetting that."

Last night was the deadline for applications for the £140,000 a year post. Possible but unconfirmed candidates for the job include broadcaster David Dimbleby, Chitra Bharucha, vice-chair of the trust, and Liz Forgan, chair of the Scott trust, which owns the Guardian.

Some in Westminster were critical of Lord Puttnam's outspoken remarks in defence of his former colleague Ruth Turner, Tony Blair's senior aide at No 10, who was arrested earlier this month on suspicion of perverting the course of justice in the cash for honours inquiry.

Lord Puttnam was considering becoming a crossbench peer. It is thought the Conservatives would not have opposed his appointment, although John Whittingdale, Tory chairman of the Commons culture, media and sport committee, was publicly sceptical. He remains deputy chairman of Channel 4 - where he recently called on it to show a "duty of care" to Big Brother housemate Jade Goody - as well as president of Unicef, chair of the Teaching Awards Trust, and chancellor of Sunderland University.

In his Spectator article Lord Puttnam says there is a gulf between broadcasters and the government which appears unbridgeable.

"My own experience has led me to the conclusion that the present relationship between our licensed broadcasters and the legislature is typified by suspicion, misunderstanding, and what appears at times to be a quite staggering degree of ignorance, each of the other," he says. But he warns that the trust has to "establish an effective and robust form of governance" at arms length from BBC managers, led by director-general Mark Thompson.

"The trust's willingness to confront, where necessary, the executive board, will be crucial to enshrining the corporation's reputation for integrity, and for ensuring that it is a body genuinely prepared to think again in response to issues of public concern, such as the sometimes offensive salaries paid to key talent," he says.

In the running
Unconfirmed candidates for chair of BBC Trust include:

Chirtra Bharucha Vice-chair of BBC Trust

Lord Burns Former permanent secretary at the Treasury; chairman, Marks & Spencer

David Dimbleby Broadcaster

Liz Forgan Chair of Scott Trust, former BBC executive

Dermot Gleeson Executive chairman of construction firm MJ Gleeson

Sir Stuart Hampson Chairman, John Lewis Partnership

Baroness Jay Former leader of the Lords


http://media.guardian.co.uk/site/story/ ... 37,00.html
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Postby antiaristo » Fri May 04, 2007 7:57 am

.

I'm glad to see that someone has learned their lesson.
I expect private equity targets will be especially wary of KKR. So long as KKR retains pensions thief Lord Clive Hollick they are well advised to get their money out first.

Boots bidders face £1bn pension demand


· Trustees say debt-laden bid makes firm less secure
· Letter to scheme members says talks so far have failed

Julia Finch and Jill Treanor
Friday May 4, 2007
The Guardian

The trustees of the Alliance Boots pension fund are demanding a £1bn injection into the scheme from the private equity bidders planning to take over the chemist and drugs wholesaling group.
The trustees, led by former Boots director John Watson, wrote to the 66,710 members of the pension scheme yesterday saying they wanted the huge payment as a direct result of the multi-billion-pounds of debt that bidders would take on to buy the company.


Article continues

The private equity house KKR and Stefano Pessina, Alliance Boots' deputy chairman, have tabled an £11.1bn bid, which was recommended by the Boots board last week, and are expected to fund the deal with up to £8bn of debt finance. The trustees, however, believe the debt makes the company's future less secure "which could have serious implications for the position of the scheme".
They want "approximately £1bn, which we believe should be met by a combination of a cash injection to be paid over a number of years and appropriate new security".

A spokesman for the trustees refused to elaborate, but it is understood that they want some £500m up-front in cash, plus other security to cover the balance. They are also likely to demand other conditions, such as priority payment ahead of bank lenders if the company were to collapse.

The exact details of the debt arrangements being lined up by the bidders are not yet known, but will be revealed when the formal offer document is published in the coming days.

The demands tabled by the Alliance boots trustees come little more than a month after the trustees of the pension scheme at Sainsbury's told a private equity consortium stalking the grocer they would have to hand over £2bn to cover a deficit a quarter that size. That potential bid eventually fell apart.

Until now the Alliance Boots bidders have maintained that talks with the trustees have been "constructive and amicable" and suggested a deal was close.

However, a source close to the negotiations said the trustees had become irritated by the picture being painted by KKR and Mr Pessina as there was still a big gap between what they were offering and what the trustees wanted. The bidders are thought to have offered around £400m.

In the letter to scheme members, Mr Watson said he had "a number of detailed discussions" with the bidders but added: "I regret to inform you that no agreement has, as yet, been reached."

The letter also says a new valuation of the pension scheme deficit was likely to show a deficit of £305m, up from £85m at the time of the last valuation, largely as a result of members living longer. The trustees want a sum from the bidders that would allow the fund to become self-sufficient and able to meet all its obligations in the future with no further contributions.

Last night AB Acquisitions, the vehicle being used by KKR and Mr Pessina to bid for the company, said it would continue to negotiate with the trustees. A source close to Mr Pessina insisted the trustees' demands were "in no way a deal breaker".

The trustees' letter was sent just hours after the Pensions Regulator warned would-be bidders for companies that they could face demands to pump millions of pounds into even seemingly healthy pension funds. The regulator is to update its rules on how pension funds should be treated during takeover bids, particularly bids funded with debt, giving trustees a more important role.

Backstory

The Pensions Regulator came into force in April 2005. It replaced the Occupational Pensions Regulatory Authority and has extended powers to protect the benefits of pension scheme members, improve scheme administration and cut the compensation claims put into the pension protection fund. The regulator assesses risk to determine whether schemes will be able to meet their obligations. Those risks range from an employer's ability to support a scheme financially to the competence of trustees. The chairman of the Pensions Regulator board is David Norgrove, who was chairman of the trustees of the Marks & Spencer scheme when Philip Green attempted to buy the group. His failed bid was frustrated by the pension trustees.

http://business.guardian.co.uk/story/0,,2072067,00.html
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Postby antiaristo » Sat May 12, 2007 4:41 pm

Boots bidders trying to scrimp on staff pensions, warn trustees


Julia Finch
Saturday May 12, 2007
The Guardian

The trustees of the Alliance Boots pension scheme believe the private equity bidders planning to take over the company are willing to wage a "war of attrition" in an attempt to pay as little as possible into the company's pension funds.

A spokesman for the trustees said they were "frustrated and disappointed" with Kohlberg Kravis Roberts and Stefano Pessina, Boots deputy chairman, who have agreed a deal to pay £11.1bn for the chemist and drug wholesaling group.

The bidders have insisted since their first approach for the company in March that they were keen to reach an "amicable" agreement with the trustees to underline their commitment to the workforce.

It has emerged, however, that there is a huge gap between what the trustees want and what the bidders are prepared to offer. Last weekend former Boots director John Watson, head of the trustees, wrote to the scheme's 67,000 members to say he wanted KKR to commit £1bn to the scheme. Mr Watson said the huge debt - more than £8bn - being used to finance the acquisition made the company's future less secure and told members he wanted a cash injection - understood to be about £500m - and "appropriate new security" to cover the remaining £500m. The cash would allow the scheme to meet its obligations to its members and pensioners if the bidders run into financial problems and are unable to make any further contributions.

However, KKR is understood to have suggested an upfront payment of little more than £50m. It is also reluctant to provide the additional security the trustees are seeking.

The trustees' spokesman said that many staff had contacted them with their fears over the security of their pensions. "Their feeling is that all the directors have sorted themselves out with millions of pounds but there is not the same interest in the pensions of the staff."

In takeover documents published last week it emerged that Alliance Boots directors will share more than £10m as a result of the takeover, with £6.5m going to chief executive Richard Baker.

According to existing pension regulation the new owners and the trustees have 15 months to reach a deal and funding agreements can stretch over 10 years.

The trustees believe KKR favour a 10-year contribution plan, but that it is far too risky given the scale of the debt, and interest payments, the company will face.

The trustees' spokesman said: "Mr Watson is very conscious that he has the future financial security of 67,000 people resting in his hands."

http://business.guardian.co.uk/story/0,,2077993,00.html
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Sir Nigel Rudd

Postby antiaristo » Thu Jun 14, 2007 7:04 am

MPs call for more pension safeguards in bids

By Karen Attwood
Published: 14 June 2007

Politicians waded into the Alliance Boots pension row yesterday, tabling an Early Day Motion questioning the power of pension trustees to secure the future of their members.

A cross-party group of MPs urged the private equity house Kohlberg Kravis Roberts, which has agreed an £11.1bn takeover of the chemist, to reach a speedy settlement with the Boots pension scheme trustees. The Work and Pensions Select Committee (WPSC) also called on the Government to look into the powers of pension-fund trustees to investigate whether they are able to protect the interest of their members after an acquisition by a highly leveraged company.

KKR and the pension trustees are in last-ditch talks to try to come to some agreement over the future of the scheme ahead of 21 June, when the takeover will be put forward for court approval. The trustees have threatened to take legal action to block the takeover, but sources said an agreement is now looking likely this week.

KKR has offered the scheme, which has more than 66,000 members and a £305m deficit, about £340m over 10 years plus a £600m safety package. It is understood the trustees had wanted a higher figure upfront. The two sides are believed to be thrashing out details. If they have not come to an agreement before the court hearing, lawyers say it has the potential to be a "serious legal hurdle".

Norman Russell, the head of pensions at the law firm Berwin Leighton Paisner, said: "This is pretty much uncharted territory. How will a judge make a decision on whether the pension scheme is a creditor he can listen to or whether it is prejudiced? It is difficult to predict."

The WPSC has called the pensions regulator, David Norgrove, into a private meeting next Thursday, the same day as the court hearing. Mr Norgrove will be questioned over how effective the regulator has been in the whole debate.

Jenny Willott, the Liberal Democrat MP for Cardiff Central, who tabled yesterday's motion, said it was important to focus on the issue now because of the implications it may have for the future of other schemes under similar private-equity takeovers.

"As the largest-ever private equity takeover, it is a precedent-setting deal," she said. "The uncertainty for people in the pension scheme must be uncomfortable. It is not a short-term impact. It goes on for decades into the future."

She said the debate had raised the bigger question about the power of trustees. "Pension trustees have a legal responsibility towards the pension scheme members," she said. 'There is the question of whether they have the power they need to resolve this." She hopes to garner the support of more MPs this week.

The GMB union, which has been campaigning against private equity takeovers of high-street names, said the industry has been exposed. Paul Maloney, a national officer at the GMB, said Alliance Boots executives became millionaires overnight while failing to safeguard workers' pensions. "They have to commit to fully fund the pension scheme, in cash and upfront," he said.

Alliance Boots accepted an 1,139p-a-share offer from KKR and the company's deputy chairman, Stefano Pessina, in April. Last month, John Watson, the head of the pension trustees, strongly criticised Alliance Boots for agreeing to the takeover before a deal was reached on pension provisions. But the chairman, Sir Nigel Rudd, said it was one of the "best run and best funded" schemes in the FTSE 100 and he had had assurances that it would continue that way after the company was taken private.


http://news.independent.co.uk/business/ ... 656163.ece


I've got a message for Sir Nigel Rudd.
I know these people and what they do with "asurances".

When Anglia Television was taken over by Lord Clive Hollick in 1994 the actual takeover documents incorporated this commitment:

"The board of MAI has given assurances to the board of Anglia that the rights of the management and employess, including pension rights, will be fully safeguarded".

That was in the offer documents (directed at employee shareholders such as myself) and one would have thought was a legally binding contract.

But Lord Clive Hollick, who is today a managing director at KKR, is a clever man.

He knows how to void such contracts.

You simply install a phony director who breaks the contract. He fires eveybody.

Then, after all the dirty work is done the phony director is converted to a real director.

That's what happened with Malcolm Wall.

The way it works is this.

Because the board of Anglia had not appointed Wall at the time he broke the law, they are not liable for his actions. They simply say they "did not know".

But his actions are still legally valid!

Because of s 285 of the companies act 1985.

"The acts of a director or manager are valid notwithstanding any defect which may afterwards be found in his appointment".

The board of Anglia validated what Malcolm Wall had done by subsequently appointing him Managing Director. They knew he had spent the two preceding months breaking their pledge.

That idea came from Lord Clive Hollick, then of MAI, now of Kohlberg Kravis Roberts.

It's HIS assurances Sir Nigel Rudd has chosen to accept.

The assurances of a known criminal and pension thief.


If Sir Nigel Rudd so wishes I'd be delighted to provide him with the documentation that substantiates all of this.

Just drop me a note, Sir Nigel.

john.cleary@Tele2.es
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