07.01.2019 Views

BusinessDay 07 Jan 2019

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Monday <strong>07</strong> <strong>Jan</strong>uary <strong>2019</strong> www.businessday.ng https://www.facebook.com/businessdayng @Businessdayng<br />

@ FINANCIAL TIMES LIMITED<br />

Former Barclays executives<br />

prepare to face fraud trial<br />

John Varley, former chief, and 3 others pursued in SFO prosecution<br />

Caroline Binham<br />

The UK Serious Fraud Office has<br />

made a last-minute personnel<br />

change to ensure its flagship<br />

case against four former Barclays top<br />

brass is properly overseen as one of<br />

the biggest tests in its 30-year history<br />

comes to trial.<br />

Barclays’ former chief executive,<br />

John Varley, is one of four defendants<br />

whose long-anticipated trial begins<br />

this week. They face charges over<br />

the bank’s emergency refinancing<br />

arrangements with Qatar in 2008, as<br />

Barclays struggled to avoid the fate of<br />

other high-street rivals bailed out by<br />

the UK taxpayer.<br />

It is the first jury trial in the world<br />

of a major bank’s chief executive over<br />

actions taken during the financial<br />

crisis more than a decade ago and<br />

is scheduled to take at least four<br />

months at London’s Southwark<br />

Crown Court.<br />

The question of who at the SFO is<br />

accountable for the case has been in<br />

doubt since its general counsel quit<br />

for a law firm. The stakes for the SFO,<br />

which has spent millions of pounds<br />

in ringfenced money from the Treasury<br />

investigating the case over more<br />

than six years, are high after bloody<br />

noses in other trials recently, including<br />

the collapse of the retrial of two<br />

former Tesco executives late last year.<br />

SFO charges against Barclays<br />

itself and its operating subsidiary<br />

over the Qatari arrangements were<br />

also scrubbed in October, sparing the<br />

bank from trial.<br />

The anti-fraud agency has now<br />

named Mark Thompson, its chief<br />

operating officer, as the official accountable<br />

for the case.<br />

The agency’s director, Lisa Osofsky,<br />

had to recuse herself from the<br />

Barclays case following her arrival at<br />

the SFO in late August from private<br />

practice, where she was a monitor<br />

to banks trying to overhaul their<br />

compliance.<br />

Alun Milford, the SFO’s former<br />

general counsel who had taken the<br />

Neil Hume<br />

Investors are warming to gold<br />

as markets are whipsawed by<br />

concerns about slowing global<br />

growth.<br />

As US equities tumbled in<br />

December, the holdings of goldbacked<br />

exchange traded funds<br />

rose by 2.25m ounces, according<br />

to Scotiabank, helping to drive<br />

the price of the metal to six-month<br />

highs of more than $1,290 a troy<br />

ounce.<br />

That forced funds that had<br />

placed speculative wagers against<br />

gold in the US futures market to<br />

cover their positions, sending the<br />

market from a net short to a net<br />

long position — where bullish wagers<br />

outnumber bearish bets — for<br />

the first time since June last year.<br />

Analysts believe there has been<br />

a further increase in bullish bets as<br />

well as short covering, although<br />

this has yet to be reflected in official<br />

data. Weekly reports compiled<br />

by the US Commodity Futures<br />

Trading Commission are not being<br />

published because of the partial<br />

government shutdown.<br />

COMPANIES & MARKETS<br />

lead role in the case, has recently left<br />

for Kingsley Napley, the law firm.<br />

While the firm’s instruction precedes<br />

his arrival by many months and he<br />

will not be involved, Kingsley Napley<br />

has a role acting for some of the witnesses<br />

in the case.<br />

Mr Thompson is viewed as a safe<br />

pair of hands at the agency and also<br />

stood in as acting director after the<br />

previous director, Sir David Green,<br />

left in April and before Ms Osofsky<br />

took up the role.<br />

But while Mr Thompson is an<br />

experienced investigator, he is an<br />

accountant by background and not<br />

a lawyer.<br />

The SFO has shrugged off concerns<br />

that there is no senior lawyer<br />

acting as a “second pair of eyes” as<br />

the landmark case proceeds to trial.<br />

Mr Thompson is expected to<br />

make any decisions in conjunction<br />

with Hannah von Dadelszen, a<br />

senior lawyer who jointly heads its<br />

fraud team, while the case controller,<br />

Rakesh Somaia, has been in place<br />

throughout the probe.<br />

The agency declined to comment.<br />

After six years and interviews with<br />

at least 40 individuals, the case is<br />

finally heading to trial.<br />

As well as Mr Varley, in the dock at<br />

Southwark Crown Court will be Roger<br />

Jenkins, the rainmaker who negotiated<br />

the two 2008 capital raisings; Tom<br />

Kalaris, who was a trusted lieutenant<br />

in Barclays’ investment banking unit,<br />

and Richard Boath, the former European<br />

head of the investment bank’s<br />

financial institutions group.<br />

The case involves issues over what<br />

the bankers told the market when Barclays<br />

twice turned to Middle Eastern<br />

investors in 2008 as part of emergency<br />

cash calls worth £11.8bn at the height<br />

of the financial crisis.<br />

Qatari investors ploughed a total<br />

of £6.1bn into Barclays over the two<br />

capital raisings. The SFO alleges that<br />

the bankers induced the Qataris to<br />

invest through side deals worth more<br />

than £300m not fully disclosed to the<br />

market nor to other investors.<br />

Gold lures investors as gyrating markets take shine off stocks<br />

An eruption of volatility has seen the metal re-establish its haven status<br />

“A combination of rising open<br />

interest on Comex and the gold<br />

price going up tells me that new<br />

longs are coming into the market,”<br />

said John Reade, chief market<br />

strategist at the World Gold<br />

Council.<br />

For much of 2018 gold was out<br />

of favour, hit by the strength of the<br />

dollar and interest rate rises in the<br />

US, which dented the appeal of<br />

assets such as the precious metal<br />

that offer no yield. That saw gold<br />

trade as low as $1,174 in August in<br />

spite of rising geopolitical tensions<br />

and the fallout from US-China<br />

trade war.<br />

Sentiment towards gold began<br />

to improve towards the end of the<br />

year as US stock markets fell and<br />

volatility increased. That has continued<br />

into <strong>2019</strong> amid speculation<br />

a slowing US economy will ultimately<br />

force the Federal Reserve<br />

to stop raising interest rates.<br />

Analysts say gold can continue<br />

to shine as long as markets remain<br />

volatile — a fact underlined late<br />

last week after a better than expected<br />

US jobs report saw equity<br />

markets bounce.<br />

FINANCIAL TIMES<br />

John Varley, Barclays’ former chief executive, is one of four defendants facing charges over the bank’s emergency refinancing arrangements<br />

with Qatar in 2008 © Getty<br />

RBS admits misleading court to repossess customer’s home<br />

Case highlights concerns that banks are struggling to change scandal-hit culture<br />

Nicholas Megaw<br />

Lawyers representing Royal<br />

Bank of Scotland falsely denied<br />

the existence of a customer<br />

complaint in a court hearing to repossess<br />

a borrower’s home.<br />

The case will fuel concerns that<br />

banks continue to mistreat customers<br />

despite claiming to have transformed<br />

their culture after a series<br />

of scandals.<br />

Richard, a longtime RBS customer<br />

who did not wish to give his<br />

full name, initially fell into arrears<br />

on a NatWest-branded mortgage<br />

when the bank paid some property<br />

management fees levied by a third<br />

party that he thought were unfair.<br />

He complained about his treatment<br />

to the Financial Ombudsman<br />

Service in May. However the bank<br />

initiated court proceedings to repossess<br />

the property in June, and<br />

its lawyers said on August 15 that<br />

it had “no knowledge” of any FOS<br />

complaint, according to a witness<br />

statement prepared for the hearing.<br />

“Consequently, the claimant<br />

[RBS] asks that the court will refuse<br />

the defendant’s request to dismiss<br />

[or] adjourn the hearing”, added the<br />

lawyers.<br />

Airbus faces a test of its credibility<br />

this week when it reveals whether<br />

it met its target to deliver around<br />

800 aircraft last year, as the plane maker<br />

races to narrow an orders gap with archrival<br />

Boeing.<br />

The European group’s factories<br />

worked overtime during the Christmas<br />

holidays to make up for delays because<br />

of supplier issues.<br />

Guillaume Faury, head of Airbus’s<br />

commercial arm, had made sorting out<br />

the company’s supply chain a key focus.<br />

Mr Faury, who takes the helm from<br />

chief executive Tom Enders in April, is<br />

understood to have launched a review<br />

looking at Airbus’s ways of working,<br />

industry executives with knowledge of<br />

the move confirmed.<br />

The group said in October that it<br />

would deliver about 20 fewer aircraft but<br />

still hoped to meet its target by including<br />

18 A220 jets, the model acquired<br />

through its purchase of the Bombardier<br />

C series. Deliveries are watched by investors<br />

as a key indicator for cash flow.<br />

Airbus had delivered 673 aircraft to<br />

the end of November, leaving it 127 jets<br />

short of its target.<br />

Analysts at Vertical Research Partners<br />

are forecasting 797 deliveries for<br />

2018. Industry sources pointed out that<br />

Airbus was in a similar position in 2017<br />

but still managed to close that year with<br />

a record 718 deliveries.<br />

A spokesman declined to comment<br />

on the final tally, which will be announced<br />

on Friday, but said “the Airbus<br />

team worked flat out until the very last<br />

hours of December 31”.<br />

Boeing, which will unveil its numbers<br />

on Tuesday, had been targeting<br />

between 810 and 815 deliveries in 2018,<br />

up from 763 in 2017. It had delivered 704<br />

planes by the end of November.<br />

In terms of the annual orders race,<br />

Boeing was far ahead of its European<br />

rival by the end of November with 690<br />

net firm orders, fuelling speculation<br />

that it would break Airbus’s five-year<br />

winning streak.<br />

Airbus had reported 380 net firm<br />

orders in the same period but last week<br />

said it had firmed up two more deals<br />

for another 120 aircraft. In 2017, Airbus<br />

secured 1,109 net orders while Boeing<br />

netted 912.<br />

The court agreed and ordered<br />

Richard to hand back his property<br />

to NatWest.<br />

However, the FOS had told Nat-<br />

West about the complaint by at least<br />

early July, according to correspondence<br />

seen by the Financial Times.<br />

The bank’s claim to have no<br />

knowledge of the issue was also<br />

directly contradicted by the office<br />

of chief executive Ross McEwan one<br />

week after the court hearing. A representative<br />

from his office told the<br />

customer’s local MP that RBS could<br />

not discuss his case because of an<br />

“ongoing complaint” with the FOS.<br />

After being contacted by the<br />

FT, RBS acknowledged that there<br />

had been an error in its witness<br />

statement.<br />

“We are aware of [Richard’s]<br />

situation, and understand that the<br />

Financial Ombudsman Service<br />

have reopened their investigation.<br />

We will not take any further action<br />

against [Richard] at this time<br />

and await the outcome of their<br />

independent investigation,” said a<br />

spokesperson.<br />

The case comes as the taxpayerowned<br />

bank is battling to improve<br />

customers’ perceptions after largely<br />

completing its decade-long restructuring.<br />

RBS was ranked the country’s<br />

least popular bank brand in an<br />

official ranking published by competition<br />

regulators this year, while<br />

NatWest was tenth of 16. Executives<br />

have made customer satisfaction<br />

a priority after admitting the bank<br />

had been “distracted” with internal<br />

problems in recent years.<br />

It came under particular fire for<br />

the behaviour of its Global Restructuring<br />

Group, which was accused<br />

of “widespread and systematic”<br />

mistreatment of struggling small<br />

businesses after the financial crisis.<br />

RBS has pledged changes to<br />

ensure “past mistakes cannot be<br />

repeated”, but has nonetheless faced<br />

accusations of being overly aggressive<br />

towards individual customers.<br />

This month, for example, the BBC reported<br />

that RBS refused to compensate<br />

a customer who was defrauded<br />

of £20,000 after a violent mugging<br />

until it was contacted by reporters.<br />

In addition to the witness statement,<br />

Richard said RBS had repeatedly<br />

refused to engage with his efforts<br />

to arrange a way to repay his arrears,<br />

and pushed him into further debt by<br />

reneging on agreements to renew the<br />

fixed rate on the rest of his mortgage.<br />

Airbus under spotlight with race to hit delivery target<br />

European aircraft maker struggling to close orders gap with US rival Boeing<br />

Sylvia Pfeifer and Patti Waldmeir<br />

BUSINESS DAY<br />

59<br />

“Boeing will end up ahead in 2018<br />

in terms of deliveries and orders, on<br />

the back of their wide-body strength,<br />

and that’s confirming a trend we saw<br />

in 2017,” forecasts Chris Higgins, aerospace<br />

analyst at Morningstar Securities.<br />

He estimates that Boeing secured<br />

around 200 wide-body orders in 2018,<br />

nearly four times as many as Airbus.<br />

“It’s a structural issue, it’s not a<br />

one-year issue, and that has potential<br />

implications for Airbus, they may have<br />

to refresh their wide-body line-up much<br />

sooner than they expected.”<br />

Richard Aboulafia, analyst at the<br />

Teal Group, said what mattered most<br />

was the “book-to-bill ratio”. Based on<br />

the end of November figures, Boeing<br />

could achieve a ratio of 1.0 — meaning<br />

new orders would match the number of<br />

aircraft deliveries.<br />

Mr Higgins forecasts that the current<br />

year could be challenging for both<br />

aircraft manufacturers. “Given the<br />

economic backdrop, which is to say<br />

cautiously pessimistic, there are going to<br />

be a lot of airlines sitting on their hands<br />

in terms of orders this year. I’d not be<br />

surprised if <strong>2019</strong> comes in flat or maybe<br />

even down a bit in terms of orders”.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!