The exposure of a corrupt state

Even if Fitzpatrick deigned to appear before the Economic and Regulatory Affairs Committee it would make no difference whatsoever, the committee has no power. It was set up after the 1997 general election for the same reason that all Dail committees are set up – jobs for the boys.

None of the 30 or so Dail committees have any power. They are nothing more than cash machines granted to politicians to keep them on side with their parties. They also serve the useful purpose (at least until the present global crisis) of giving the impression that the State is serious about bringing white collar criminals to account.

Politicians are most proud of the Public Accounts Committee (PAC); they waffle on endlessly about the great work done in bringing banks to account over the DIRT scandal. It is, of course, just that – waffle.

The banks only paid back a fraction of the countless millions they robbed from the State in that particular mafia scam and, in keeping with that great Irish tradition, not a single bank or official was investigated by the police never mind actually charged with a crime.

Here are some other so called regulatory agencies that, in theory, are charged with protecting the State and its citizens.

Financial Regulator: This organisation has never taken any serious or effective action against the widespread criminality within the Irish financial sector. The Financial Regulator by its actions and particularly by its inactions, in effect, acts to as a protector of wrongdoers. The Financial Regulator is exempt from the Freedom of Information Act and operates under strict secrecy laws.

Tribunals: Tribunals are useful in uncovering the vast amount of sleaze and corruption that infects Irish public and business life but they have no power whatsoever to prosecute, this is not an accident.

For example, politicians, quite deliberately, introduced a law that prevents any evidence given to a tribunal from being used by the police in any subsequent criminal investigation.

If such an investigation were to take place, (highly improbable) the police would have to start off from scratch ignoring the vast amount of evidence gathered, under oath, by the tribunal. This law didn’t just fall out of the sky.

Comptroller and Auditor General: The C & AG reports once a year invariably highlighting very serious incompetence, waste and often corruption within government departments. He has no power whatsoever to take matters any further, his only ‘power’ is to make recommendations.

Irish citizens are then subjected to the farce of seeing powerless Dail committee members rant and rave about the action they’re going to take to put a stop to all this incompetence, waste and corruption before collecting their expenses and settling down until the next C & AGs report where the whole farce is repeated.

In common with Dail committees and tribunals the C & AG is also useful for giving the impression that the State is actually serious about dealing with the disease of corruption.

From time to time, usually when media pressure is making politicians sweat over some scandal, the C & AG is called in to conduct a ‘special’ investigation. Again, the C & AG has no power to act on his findings; he just publishes his report and makes recommendations.

Recently, the C & AG carried out one such special investigation into the Irish Greyhound Board – Bord na gCon.

Despite uncovering irrefutable evidence of very serious corruption the C & AG concluded:

“In my annual audits of Bord na gCon I have satisfied myself that the broad framework of financial administration and internal control was appropriate.”

“In general the funds of Bord na gCon were properly applied.”

These conclusions came as a great relief to the board of Bord na gCon and, I’m sure, to politicians who could now claim that all was well and no action was required. Incidently, nobody thought it the least bit odd that the C & AG is also the auditor for Bord na gCon.

Office of Corporate Enforcement: In reality, the ODCE is a toothless tiger with a fancy title and, in the main, deals with minor wrong doing by company directors.

The office is seriously understaffed, under funded and possess only weak law enforcement powers. Apart from fines, the most common punishment meted out is a ban on practicing as a company director for a number of years.

But like tribunals, Dail committees and the C & AG office, the ODCE acts as a very useful mechanism whereby allegations against very powerful people can be channeled away from public attention and, more importantly, away from the (remote) possibility of criminal proceedings.

For example, the ODCE, ‘processed’ the people responsible for the very serious fraud at National Irish Bank. These people received nothing more than a slap on the wrist.

Two of the biggest tax cheats in the history of the State, the Bailey brothers, are also being ‘processed’ by the ODCE. The very best we can hope for is that these two gentlemen will be banned from acting as company directors for a couple of years. In other words, another slap on the wrist.

The ODCE has also taken the infamous Jim Flavin of DCC under its gentle wing. The highest court in the land, in a civil case, found that Flavin had committed fraud on the stock exchange to the tune of €83 million. But (lucky) Jim will be treated kindly by the ODCE with perhaps, yes, a gentle slap on the wrist before being sent on his happy and very rich way.

And let’s remember, it is the ODCE that will be ‘processing’ the Anglo Irish/Irish Life and Permanent fraud. Politicians are falling over themselves to assure the Irish people that this is the organisation that will bring these people to account.

Let me say right now, unless there is an actual revolution in the way white collar crime is dealt with in Ireland these people, Sean Fitzpatrick and all the rest will never, ever be brought to account.

The structure and operation of all so called regulatory agencies in Ireland are, effectively, designed to avoid bringing the corrupt to account. Whether it’s by strict secrecy laws, a lack of power, a lack of resources or a deliberate policy of protecting the rich and powerful the consequences are always the same for Ireland and its people – disastrous.

There is, however, some hope. The political, business and bureaucratic reaction to the Anglo Irish Bank/Irish Life and Permanent scandal is nothing more than a desperate scramble to prevent the international community from finding out just how rotten the Irish system really is.

They are unlikely to succeed as the global crisis continues to expose Ireland as the most corrupt country in the Western world.

In the long run that can only be a good thing for Ireland and its people.

Copy to:
All relevant Dail committees
Fianna Fail
Government Press Secetary
Financial Regulator
ODCE
C & AG

No comment required

Texan billionaire Sir Allen Stanford has been charged over an $8bn investment fraud.

The Securities and Exchange Commission (The American equivalent to our Financial Regulator) said the financier had orchestrated “a fraudulent, multi-billion dollar investment scheme”. The charges against Sir Allen followed a raid by US marshalls on the Houston, Texas, offices of Stanford Financial Group.

David Mills has been sentenced to four and a half years in jail after an Italian court found the British tax lawyer guilty of accepting a bribe of about £400,000 from Italian Prime Minister Silvio Berlusconi.

Note: Police, charges, courts, and jail.

Meanwhile, Irish authorities are thinking of asking the Dail for permission to compel Sean Fitzpatrick to appear before a completely powerless Dail committee where he can refuse to answer questions concerning allegations of massive fraud.

Ignoring that sinking feeling

Ok, the movie plot is a bit fantastic, a bit over the top, but still, very entertaining.

Editor of the Sunday Independent, Aengus Fanning, plays a powerful but gullible passenger on the Titanic. He’s fawning over the captain, played by AIB boss, Eugene Sheehy, during dinner.

Both men are so engrossed in their own realities they fail to notice that the ship is sinking, that the trapped steerage passengers are panicking as the rich and powerful take to the lifeboats.

See here for an exclusive Public Inquiry preview.

Copy to:
Aengus Fanning

The slide into oblivion continues

Enda Kenny has called on (invited?) the board of the Financial Regulator to resign.

John Gormley has promised that the bankers will go to jail and that Ireland will have the most comprehensive regulatory system in the world.

IBEC Director General Turlough O’Sullivan said he believed bankers were guilty of greed and criminality and should be made to face the consequences.

Brian Cowen has also said that justice will be done, that rogue bankers will be brought to account.

It’s all about sending messages to the international community to convince them that Ireland is not the corrupt banana republic it really is.

But methinks the gentlemen are a mite too late – about 50 years too late. The game is up; the international community can see exactly what we are.

But maybe, just maybe, there’s hope. If these gentlemen, somehow, miraculously, managed to see the reality of the situation they might realise that the absolute minimum action required is as follows.

The immediate sacking and arrest of the entire board of the Financial Regulator (Even if only for the optics).

The immediate arrest of former Financial Regulator, Patrick Neary, and the cancellation of his grotesque pay off.

The immediate arrest of Sean Fitzpatrick, Gillian Bowler and Denis Casey on suspicion of fraud (Economic treason could be added later).

This is the absolute minimum signal required if Ireland is to have any hope of convincing the international community that we are serious about rooting out the rot that has infected our country for decades.

There is, of course, no hope of this happening because these gentlemen live in a fantasy world where they genuinely believe that Ireland is a normal democratically accountable state.

The slide into oblivion continues.

Justice – At some point in the far future

Daniel McConnell has a very good analysis of the Anglo Irish Bank/Irish Life and Permanent fraud in today’s Sunday Independent.

Here’s a snippet that gives us a clue as to how far Ireland is away from taking real action against white collar criminals.

“The regulator said the transactions were “completely unacceptable” and that its investigators have been asked “to complete their work as a matter of extreme urgency”. Then the Director of Corporate Enforcement confirmed that Irish bankers could face jail and that actions by senior people in Anglo Irish Bank appear to be “illegal.”

‘A matter of extreme urgency’ for an Irish regulator would be about, mmm…let’s see, about ten maybe fifteen years.

In a real democracy there would be no ‘could face jail’ or ‘appear to be illegal’. Handcuffs would have been applied immediately.

Golden circles and obscure data

Two articles worth reading in the Sunday Independent.

In an analysis of our financial situation Shane Ross tells us of a tiny table of numbers he came across in the Financial Times.

“The table was forbiddingly titled “Bonds — 10 year Government Spreads”. As Charlie McCreevy said about the Lisbon Treaty, “no sane mortal” would read it.

But its message was alarming.

In layman’s language it told where Mother Ireland rated as a credit risk among 21 selected countries.

Go on, guess.

All right, you are bang on. Twenty first. Out of 21 countries listed on Wednesday, we were considered a worse credit risk than the destitute Greece. In Greece there are riots on the streets.”

The second article, by Louise McBride, analyses the Irish golden circle.

It’s an amazing story of the incredibly incestuous crossbreeding within the corporate sector. It is particularly disturbing to note the number of senior civil servants who casually and without any restrictions move into the golden circle.

Obama targets Ireland

According to a report in the Sunday Tribune President Obama is about to crack down on overseas tax havens.

This is very bad news for Ireland which has, effectively, acted as a money laundering state for US multinationals. (See previous post on this matter).

The Department of Finance said the issue was being oversimplified but international tax expert Richard Murphy said the Irish government was “in a state of denial.”

So what’s new?

Irish logic

“There’s no impropriety in anything we’ve done in that bank.”

This is the view of Sean Quinn regarding his dealings with Anglo Irish banks.

In the same interview he also says he fully accepted that a €288m secret loan from his Quinn Insurance arm to other family companies to fund the stock market gamble on the bank’s shares was in breach of insurance regulations.

So, no impropriety but we did breach insurance regulations – Irish logic.

Yet another banker caught out

Yet another banker has been caught out and forced to resign. Sean Fitzpatrick, chairman of Anglo Irish Bank, has resigned in a controversy over ‘inappropriate’ loans to directors involving sums of up to €87 million.

We don’t know yet if Fitzpatrick has done anything illegal, we can only be sure that if he has he will not be made accountable.

Writing in the Irish Times (22nd September 2005) Fitzpatrick is scathing in his criticism on over regulation and the attitude of media reporting on business matters. The article is worth reproducing in full.

Media should spare us the polemics and give us balanced business news

To maintain economic progress, we need fewer laws and a more positive attitude towards business and risk-taking, says Seán Fitzpatrick.

In order to consider now what we should be doing with the fruits of our economic success, we first need to understand what it is we have achieved over the last 15 years.

Let’s cast our minds back a number of years. Many of us will remember the mid-1970s to the mid-1980s. It’s easy, though, to forget the days of negative growth, high unemployment, high taxation, high interest rates, rampant emigration and balance of payment problems.

Ireland wasn’t exactly a great place to do business. We were conservative, flair was hardly in evidence and we lacked business confidence. The pace at which things were done was pedestrian, bureaucracy prevailed, but even worse, there was very little hope for our young and educated, who emigrated in their tens of thousands.

The last decade and a half or so has just blown that all away. It was as if, overnight, we discovered just how good we were. We were bright, well-educated, flexible, good-natured, creative and even hardworking. The Paddy stopped drinking G&Ts before the three-course, three-hour lunch and found Ballygowan, the bowl of soup and the hang sandwich.

We had ideas, and we had balls. We would put in whatever hours and whatever miles it required to take those ideas and turn them into business successes.

The brightest and the best of our school-leavers stopped automatically signing up for the professions.
Commerce faculties, business schools, and property qualifications became trendy and numerous. And all the time as we worked the scene and maximised the moment, the world watched in astonishment. That is no exaggeration.

The authorities on these matters – the economists, the Financial Times, the Wall Street Journal and others – that had initially been sceptical, eventually came to marvel at what we were doing and achieving.

The economic boom has brought some trouble in its wake. It has led to excesses that have the potential to damage the very fabric of our society. On occasions, the confidence that fuelled much of the business dynamism turned to arrogance.

We’ve all seen the cases where the smile became a sneer, and the stride a swagger.

However, what must be acknowledged is that, for all the reservations, some of which are well founded, the Celtic Tiger has been a force for good in Ireland. It has allowed us stretch ourselves and express ourselves in a manner that was unthinkable in the business culture of the recent past.

And what was it that underpinned all of this success? Some trends were crucial, in my opinion:

The profound cultural shift in how we did our business and the pro-business environment that our Government championed.

More specifically, taxation was reduced, inward investment was greatly encouraged and many incentives were used to promote business and enterprise and property development.

The general environment was positive. The men and women who took advantage and who drove the economy onwards year on year were operating in a positive environment where risk-taking was applauded and success rewarded.

In his last budget, the current Minister for Finance referred to economic success as being nothing more than a means to an end – that unless it helped to create a better society it will have been wasted.

The national debate must go to the heart of what the Minister for Finance said. Yes, we must sustain our economic performance, but we must ensure that in another 10 years no such blights exist in the Ireland of 2015. Society as a whole must have benefited to a greater extent than it has to date. And that is the responsibility of us all.

I would like to develop another theme which is also about perspective – but in a different sense.

While our economy continues to outperform most of its peers and the immediate outlook remains very positive, there has been a slowdown in the rate of growth. This means we need to be very conscious of the overall environment for business.

Two things concern me:the move towards more and more regulation; the quite hostile approach towards business by elements in the media.

Maybe it is the start of old age kicking in. Maybe it represents the defensive instincts of a banking sector that feels a little bit hunted at the moment. But maybe, just maybe, the concern is genuinely motivated by a belief that the pronounced moves towards greater control and regulation could squeeze the life out of an economy that has thrived on intuition, imagination and a spirit of adventure.

There are those who appear to want to establish Ireland as the perfect model in corporate policing and regulation. For these people, regulation is paramount.

They want us to go further than a territory such as the US, where the scale of impropriety in business has been truly shocking. We’re moving towards regulatory and compliance barriers that are significantly more stringent than two of our most important trading partners.

But why? What has been done here over the past decade that demands such a reaction? Where is the line-up of failed companies with shareholders who’ve been ripped-off and left bemoaning the lack of due care and attention by feckless directors?

It is true that we’ve had some difficulties. My own industry of banking had the issue of Dirt to deal with and, as an industry, our actions were clearly wrong in the past. We failed to deal with the issues appropriately; we were wrong, and we have paid the price for our misjudgment.

However, what’s important in this context is that the issue of Dirt was capable of being dealt with under existing legislation and under existing procedures. We did not need any new powers.

Overall, we have done very well by Ireland and the Irish economy over the past 15 years. We can be proud of it and we can confidently state our case: we do not need more legislation. What we really need is fewer laws, but which are better and more stringently enforced.

The media has a huge influence in Ireland, and overall, I believe it has taken quite a negative view of Irish business. It remains the case that many in the business press seem always to focus on the negative.

Issues of compliance or general corporate conduct get coverage that is disproportionate to their importance, or the frequency with which they would arise.

This is important because business coverage influences the general public mood. It is a source of information for those from outside who are considering Ireland as a place to do business. It is absolutely correct that where serious wrong-doing has been uncovered it should be exposed.

This must be part of the function of an independent press. (The lack of it has been one of the long-running criticisms of the property media in Ireland and I don’t believe it has served the property sector well.)

So, it’s a question of balance. There are things that should be ventilated more, but what I see from where I am sitting, is a general acceptance by most of the media that business is dodgy or suspect and it needs to be highly regulated.

This theme is there in much of what I read and it needs to be challenged, because it undermines the fundamental that underpins economic growth.

And then there is the occasional descent into farce. RTÉ, which in fairness brings us morning and evening business coverage that is focused on just that – business – recently gave a platform to one of the thousands of financial advisers who trade in Ireland and allowed him sound off on the ills of our economy.

RTÉ chose to give a TV soapbox to Eddie Hobbs, someone who – completely unchecked – was allowed to go on a rant about our economy that targeted almost every stakeholder in that economic success that I referred to earlier. Why?

Everyone knows there have been overruns in infrastructural budgets. We all know that the taxation cocktail hits us particularly hard on certain goods and services and so on,but why, oh why, give this man four weeks of prime time television?

This is not good. I’d genuinely worry that much of the nonsense he peddled would gain common currency and that the wholly unbalanced Hobbsian perspective on Ireland of 2005 would fuel the anger of many of those who have failed to benefit from our economic success thus far.

This could also support a political agenda that is far removed from any of our long-established political parties.Were that to happen RTÉ should be held accountable, as the media generally must be, for the significant influence it has on the economic environment. This whole area needs attention.

To conclude, let me return to the need for us to make sure that we sustain the economic success of the past 15 years, but that in doing so we turn even more attention on the creation of a better and more equitable society in its wake.

That is the job of us all, and the media should prompt and prod us all – politicians, business people, the social partners – to ensure that this happens. Just spare us the polemics and the hyperbole and give us some balance.

Seán Fitzpatrick is chairman of Anglo Irish Bank. This is an edited version of his speech at The Irish Times Property Advertising Awards

© The Irish Times

The 'Rubber room' republic

A SENIOR An Post manager has been awarded a bonus of €11,000 on top of his €95,000 salary, even though he only worked for 11 weeks of last year.

The manager was assigned to An Post’s ‘resource centre’ in January 2007, an area known by post office employees as the “rubber room”, where staff that are “surplus” to the company’s needs are deployed.

Politicians are sending out thousands of Christmas card to constituents they don’t even know. It’s all part of the never ending vote buying machine known as Clientism. Each member of the Oireachtas is entitled to 21,000 pre paid envelopes every year. This year, the overall cost of the facility comes to €2.3 million.

Mary Harney said that we must all pull together in the coming year in the face of savage cuts in health. The ‘we’ she speaks of does not include highly paid and well protected politicians.

Two years ago the Equality Tribunal ordered the Department of Education to pay €12,000 to two students who were discriminated against in their Leaving Certificate.

The two students, who are dyslexic, had explanatory footnotes added to their exam certificates which could have put them at a serious disadvantage when applying for jobs.

The department said it was appealing the case to get clarity on the matter. The appeal cost €8 million – I’ll just repeat that – the appeal for ‘clarity’ cost €8 million.

The Government has decided that a certain number of 12 year old girls will have to die because the country cannot afford the €10 million needed for a cervical cancer scheme.

Former Taiwanese president Chen Shui-bian and his wife have been formally charged with corruption. Political corruption has yet to be recognised as a crime in Ireland.

Mr. Chen’s son in law has been jailed for seven years for insider trading. Insider trading has yet to be recognised as a crime in Ireland.

The former chairman of the Nasdaq stock market, Bernard Madoff, has been arrested and charged with securities fraud. He could face up to 20 years in prison. Corrupt businessmen in Ireland are never arrested, never charged, never go to jail.

Marc Dreier, a prominent New York plaintiffs’ lawyer and founder of Dreier LLP, has been charged by US federal prosecutors with securities and wire fraud in a case alleging a multimillion-dollar real-estate fraud involving hedge funds. Dreier could be facing a 10 year jail term.

If Mr. Dreier lived in Ireland it’s likely his case would be ‘looked after’ by his legal colleagues in the Law Society. If he was unlucky he might receive a mild reprimand.