BusinessDay 21 Aug 2018
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Tuesday <strong>21</strong> <strong>Aug</strong>ust <strong>2018</strong><br />
A4 BUSINESS DAY<br />
C002D5556<br />
FT<br />
NATIONAL NEWS<br />
Former UBS worker calls for<br />
police investigation...<br />
Continued from page A3<br />
ened scrutiny of workplace culture<br />
and of corporate procedures for dealing<br />
with allegations of misconduct.<br />
UBS told the FT in July that it has<br />
“strong policies and procedures in<br />
place to handle such complaints<br />
and approach them with the utmost<br />
care”. UBS, like other banks, has programmes<br />
to attract and retain women<br />
and is committed to stamping out<br />
sexual harassment.<br />
But in an interview with the FT, the<br />
woman said she has decided to take it<br />
to the police. She alleges that she woke<br />
up on the morning after a September<br />
work drinks event, in an unfamiliar<br />
house with a colleague who was her<br />
senior. She had no memory of how<br />
she got there, but believed she had<br />
non-consensual sex. She says she<br />
left as quickly as she could, without<br />
causing an altercation.<br />
A graduate trainee at UBS, she<br />
went back to work on Monday and<br />
attended a training session. She then<br />
broke down after a comment from a<br />
colleague which she would usually<br />
have brushed off. A senior colleague<br />
took her aside and she says she told<br />
him what had happened, without<br />
revealing the identity of the man. He<br />
told her she needed to see human<br />
resources.<br />
“I was like, ‘I don’t want to see HR’, it<br />
was escalating really quickly ... I didn’t<br />
know what I wanted to do,” she says.<br />
She did give HR her account that<br />
afternoon; the following day she was<br />
called back and someone “slid a rape<br />
victim brochure towards me”. “It took<br />
me a long time to put that word [rape]<br />
to it,” the woman says.“ I don’t like that<br />
word at all.”<br />
HR staff promised an investigation<br />
and offered support. They also<br />
encouraged her to go to the police, she<br />
says. The woman says that on UBS’s<br />
advice she went to a specialist centre<br />
for people who have been sexually<br />
assaulted or raped. She spoke to a<br />
police unit there.<br />
Afterwards, she says, “I told them<br />
[UBS] that ‘the advice the police<br />
themselves have given me is to let<br />
you [UBS] deal with it because if<br />
the police deal with it, it will be an<br />
18-month long investigation’. It’s my<br />
word against his word essentially.<br />
“The police asked me what I<br />
wanted to come from this ...[I said] ‘I<br />
need him gone, I don’t want to work<br />
with him, I want some form of justice<br />
in that he wronged me and that’s not<br />
OK.’”<br />
She soon became concerned about<br />
the bank’s approach. UBS interviewed<br />
her friends, she says, saying that they<br />
wanted to make sure that the alleged<br />
assailant could not poke holes in her<br />
story. “They were asking [my friends]<br />
for messages and screenshots and asking<br />
whether I’m the type of girl who’d<br />
have a one-night stand,” she says.<br />
“UBS wouldn’t have asked all his<br />
friends, ‘is [name removed] a rapist’?<br />
But they were asking mine ‘does [the<br />
woman’s name] sleep around?’ It was<br />
an investigation into me even though<br />
I’m the complainant.”<br />
UBS declined to comment on the<br />
investigation — or give details of company<br />
policies on sexual harassment<br />
and assault. “We will not go into details<br />
due to employee confidentiality,” the<br />
bank said in a two-line response to<br />
the FT’s questions. “We remain confident<br />
in our policies and processes,<br />
but following significant cases we<br />
conduct a review and if we find any<br />
improvement opportunities we will<br />
implement them.”<br />
Too close for comfort: The incestuous ties<br />
that bind auditors and watchdogs<br />
Concerns that audit market is too beholden to the clients whose numbers it vets<br />
Madison Marriage and Jonathan Ford<br />
Stephen Haddrill has the look<br />
of a man with the weight of<br />
the world on his shoulders.<br />
At his most recent public appearances,<br />
the 62-year-old boss<br />
of Britain’s accounting watchdog<br />
appeared tired and grey.<br />
It is no surprise, given that the<br />
Financial Reporting Council has<br />
recently faced the most intense<br />
criticism of its 28-year history.<br />
There are questions over how long<br />
Mr Haddrill, who has run the<br />
regulator for the past decade, will<br />
remain in his job.<br />
Pressure has mounted following<br />
the collapse in January of one<br />
of Britain’s largest construction<br />
companies, Carillion.<br />
This triggered heavy criticism of<br />
Carillion’s auditor, KPMG, which<br />
gave the group’s accounts a clean<br />
bill of health just nine months before<br />
it unravelled.<br />
It also fuelled calls from academics,<br />
politicians and investors<br />
for a break-up of the audit market<br />
over concerns that the industry is<br />
too beholden to the clients whose<br />
numbers it vets.<br />
In the eyes of its critics, the FRC is<br />
part of the wider problem. Observers<br />
highlight the regulator’s close<br />
ties to the firms it supervises, its<br />
plodding approach to investigations<br />
and its record of levying what are<br />
seen as Mickey Mouse fines.<br />
The watchdog is now facing the<br />
possibility of its own demise after<br />
the UK government commissioned<br />
an independent review of its competence<br />
led by former civil servant<br />
Sir John Kingman. Mr Haddrill, who<br />
earned nearly £500,000 last year,<br />
making him one of Britain’s bestpaid<br />
public officials, is clinging on.<br />
The FRC is hardly the first accounting<br />
body to face a crisis of<br />
public confidence. Since the second<br />
world war, the US has had no fewer<br />
than three standard setting bodies:<br />
the Committee on Accounting<br />
Procedure (1939-59); the Accounting<br />
Principles Board (1959-73) and<br />
the present Financial Accounting<br />
Standards Board (FASB).<br />
Each of FASB’s predecessors met<br />
their demise in part over concerns<br />
about their lack of independence<br />
from private interests.<br />
Karthik Ramanna, professor of<br />
business and public policy at Oxford<br />
university’s Blavatnik School of Government,<br />
thinks accounting bodies<br />
face a special set of challenges.<br />
“These are highly technical areas<br />
that concern issues with low political<br />
salience,” he said. “They depend<br />
on deep experiential knowledge<br />
from practitioners and are prone<br />
to powerful and concentrated<br />
commercial interests. It is a model<br />
that is almost perfectly designed<br />
for regulatory capture.”<br />
This charge certainly tops the<br />
sheet for those challenging Britain’s<br />
FRC. Long criticised for its<br />
“light touch” when monitoring<br />
the Big Four audit firms, which<br />
include EY, PwC and Deloitte,<br />
the watchdog has come under<br />
fire over its investigation into the<br />
failure of HBOS, one of Britain’s<br />
largest banks.<br />
KPMG gave the institution’s<br />
accounts a clean bill of health in<br />
February 2008, eight months before<br />
HBOS collapsed and had to<br />
be rescued with a £20bn taxpayerfunded<br />
bailout. Yet the FRC then<br />
took eight years, and a great deal<br />
of political prodding, before it even<br />
launched an investigation.<br />
Its verdict last September cleared<br />
KPMG of misconduct after deciding<br />
that the HBOS audit did not fall<br />
“significantly short” of the standards<br />
to be expected.<br />
It later emerged that the regulator<br />
had raised the bar for proving<br />
misconduct in 2013. Instead of<br />
“falling short of standards”, firms<br />
had to fall “significantly short”. Paul<br />
George, a former KPMG partner,<br />
was executive director in charge of<br />
conduct at the regulator when the<br />
wording was changed.<br />
The verdict troubled observers,<br />
who fear that vested interests played<br />
a role in the outcome.<br />
These conflicts are not unique to<br />
Britain. Financial Times analysis of<br />
seven authorities involved in the audit<br />
market underlines their reliance<br />
on current and former Big Four staff.<br />
Take the European Financial<br />
Reporting Advisory Group, which<br />
advises the European Commission<br />
on accountancy rules. Nearly half<br />
of its 17 board members are current<br />
or former Big Four, as are nine of<br />
the 16 individuals on its technical<br />
working group.<br />
At the PCAOB, the US accounting<br />
regulator, two of its five board<br />
members are ex-Big Four. Four of<br />
the seven advisers to those board<br />
members are also alumni. South Africa’s<br />
accounting watchdog, which<br />
has similarly come under heavy<br />
scrutiny this year following high<br />
profile accounting scandals, has<br />
four former or current Big Four staffers<br />
on its board of seven.<br />
Few question that the world’s<br />
top accountants should have some<br />
input into the rules they apply;<br />
the question is where the balance<br />
should be struck.<br />
Erik Gordon, professor at the<br />
university of Michigan, describes<br />
the dilemma: “The overlap creates<br />
regulatory capture danger but excluding<br />
people from the Big Four<br />
would deprive regulatory bodies of<br />
many of the most expert and experienced<br />
people in the field,” he said.<br />
“There is no easy way out.”<br />
So how captured are the regulators?<br />
One perceived index of undue<br />
influence is the relatively low fines<br />
they levy on their industry. (These<br />
are important because investors<br />
have historically been loath to<br />
punish auditors for sloppy or inadequate<br />
work by removing their<br />
contract).<br />
The PCAOB is one of the toughest<br />
accounting watchdogs globally,<br />
having secured an $8m settlement<br />
from Deloitte Brazil in 2016. The<br />
FRC issued its own record penalty<br />
of £6.5m in June against PwC. The<br />
largest fines ever handed out by the<br />
Dutch, German and South African<br />
accounting watchdogs total €2.2m,<br />
€50,000 and R200,000 respectively.<br />
These pale in comparison to<br />
the penalties issued to banks and<br />
other financial services companies.<br />
In 2010, the US Securities and Exchange<br />
Commission issued a record<br />
$550m fine against Goldman Sachs,<br />
while the UK’s Financial Conduct<br />
Authority meted out a record £284m<br />
penalty in 2015.<br />
Some doubt whether such penalties<br />
really drive behaviour. As one<br />
investor points out, these are largely<br />
paid by insurers anyway, and even<br />
a tripled or quadrupled fine would<br />
be little more than a flea bite to any<br />
of the Big Four.<br />
As with banking, the suspicion<br />
is that individual sanctions may be<br />
more important. The FRC’s recent<br />
decision to effectively ban Steve<br />
Denison, the PwC auditor who<br />
signed off the accounts of BHS<br />
shortly before the retailer went into<br />
insolvency, for 15 years is regarded<br />
as much more of a nuclear sanction.<br />
“If a partner faces a lengthy or<br />
lifetime ban from the industry, that<br />
cuts into their lifetime earnings,”<br />
says Tim Bush, head of governance<br />
at the shareholder advisory group,<br />
Pirc. “It’s a much more serious<br />
sanction.”<br />
Eurozone hails Greece’s exit<br />
from bailout as end of crisis<br />
Country received €289bn of loans over eight<br />
years as economy collapsed<br />
Jim Brunsden and Mehreen Khan<br />
European leaders have heralded<br />
Greece’s exit from eight<br />
years of international bailouts<br />
as the end of the eurozone’s<br />
long financial crisis — while warning<br />
that Athens must stick to policy<br />
commitments it made in exchange<br />
for €289bn of loans.<br />
Monday was the final day of<br />
Greece’s third successive bailout<br />
programme, a period of financial<br />
aid stretching back to 2010. EU<br />
officials said the end of the bailout<br />
showed Greece’s turnround after it<br />
teetered on the brink of exiting the<br />
currency bloc in 2015.<br />
Pierre Moscovici, the EU’s commissioner<br />
for economic affairs, said<br />
it was a return to normality for the<br />
Greek people. “From today Greece<br />
will be treated like any other euro<br />
area country”, he said in Brussels.<br />
Mário Centeno, the president<br />
of the eurogroup of eurozone finance<br />
ministers, said Greece had<br />
“regained the control it fought for”<br />
during years of tough negotiations<br />
with its eurozone creditors.<br />
Greece is the final eurozone<br />
country to conclude a programme<br />
of emergency assistance. Similar<br />
help was given to Portugal, Ireland<br />
and Cyprus — but Greece’s crisis<br />
was of a different magnitude, with<br />
the size of the economy shrinking<br />
by a quarter. Youth unemployment<br />
rose to nearly 50 per cent and 40 per<br />
cent of the working age population<br />
was left at risk of poverty, according<br />
to the IMF.<br />
In Germany — which for many<br />
Greeks came to epitomise an obsession<br />
with austerity as a solution<br />
to the country’s woes — the end of<br />
the programme was welcomed by<br />
the government as proof that the<br />
years of financial aid had worked.<br />
“Greece’s salvation is also a<br />
sign of European solidarity,” Olaf<br />
Scholz, Germany’s centre-left finance<br />
minister, told Handelsblatt<br />
newspaper. “The conclusion of the<br />
Greece programme is a success.<br />
The bleak predictions of the prophets<br />
of doom have not come true.”<br />
Greece’s plans to celebrate the<br />
end of the bailout programmes<br />
were dropped as criticism mounted<br />
of the state emergency services’<br />
bungled handling last month of a<br />
devastating forest fire near Athens,<br />
which left 96 people dead.<br />
But a government official said<br />
Alexis Tsipras, the prime minister,<br />
planned a live television address<br />
on Tuesday from Ithaca, which<br />
the official said was chosen “for<br />
symbolic reasons”.<br />
In mythology Ithaca was the<br />
home of Odysseus, the hero who<br />
made a safe return after a tempestuous<br />
10-year journey according to<br />
Homer’s epic poem.<br />
Brussels underlined on Monday<br />
that Greece needed to persevere<br />
with reforms initiated during the<br />
crisis, such as a streamlining of<br />
civil court procedures and a new<br />
business licensing regime.<br />
The European Commission will<br />
lead a system of post-programme<br />
surveillance that will signal whether<br />
Greece is maintaining agreed<br />
deficit targets. Athens could potentially<br />
lose some of the debt relief<br />
it secured from other eurozone<br />
governments in a deal in June if the<br />
conditions are not met.