Thursday, November 8, 2018

Cost overruns, & now delays and a threat of buying fewer subs: L'affaire Adelaide runs into more trouble, Naval officers casting doubt on project; Minister Pyne insists all is well.

by Ganesh Sahathevan


Concept Design for Australia’s $36 Billion Submarine Fleet to Be Finalized by Year’s EndConcept Design for Australia’s $36 Billion Submarine Fleet 
to Be Finalized by Year’s End


These recent reports from Australian media suggest that L'affaire Adelaide is running  into even  more turbulence ,and well on its way to joining L'affaire Karachi in the annals
of DCNS/Naval Group debacles:


The Sydney Morning Herald reported on 8 November 2018:

The chief of Australia’s navy has revealed that the first of the new fleet of submarines will likely not be fully operational until 2035 - three years after it is due to be in service - and that all six of the existing Collins Class submarines may need to have their life spans extended.
The Chief of Navy, Vice Admiral Mike Noonan, told Fairfax Media he was expecting the first of the new fleet to be delivered to the navy in about 2032, but they would need to go through extensive testing.
Previously Defence has said that the first of the new fleet, which is being designed and built by French firm Naval Group, will come “into service” in 2032.

On 28 October 2018  the  Australian Financial Review said:
In an interview with The Australian Financial Review, Rear Admiral Greg Sammut has defended the project against claims of a cost blow-out and insists outstanding issues that have stopped the overarching contract being signed with Naval Group will be resolved by year's end.
"So it is in that context that we are putting in place the SPA with that understanding the offer was built around eight boats and necessarily the terms and conditions we have should contemplate that, noting that the size of the fleet beyond eight boats will be a matter for government," he said.
"That doesn't mean we must buy eight boats hell or high water, the contract enables us to contemplate what would occur if it was less than that and what would have to apply in those circumstances.
"What we've done is we've left ourselves flexibility for the number of submarines that we may order at any one time."

See full article below for the full extent of the Rear Admiral's confusion.

Something rather strange happened earlier this month. The Minister for Defence, Christopher Pyne, went to the media, not once but three times, to rebut criticism based on what he termed ‘‘misguided facts’’ about his department’s $50 billion Future Submarine project. The government is investing political and financial capital in helping create a sustainable, sovereign defence industry that will participate in nearly $200bn-worth of capital equipment projects over the next generation. As architect of this plan, Pyne has been pro-active in explaining and justifying to an often-sceptical industry and general public what the policy is designed to achieve and how. He has created a precedent, if he follows through. Pyne has shown willingness to engage and be candid, to challenge ‘‘misguided facts’’ to prevent a vacuum forming, and that’s a vital break with the past. Truth and reputations matter, and as the Collins project showed, a vacuum kills everything except ignorance and malice.
This writer gets very concerned when anyone starts using terms like "misguided facts" when dealing with the media.
END 
Reference






The French Shortfin Barracuda submarine. Critics have complained cheaper options were available.
The French Shortfin Barracuda submarine. Critics have complained cheaper options were available.

Australia may not build the planned full complement of 12 next generation submarines, the navy's program chief has revealed amid protracted and at times fractious negotiations with the French designer.
In an interview with The Australian Financial Review, Rear Admiral Greg Sammut has defended the project against claims of a cost blow-out and insists outstanding issues that have stopped the overarching contract being signed with Naval Group will be resolved by year's end.
Admiral Sammut also rejected suggestions that taxpayers were paying too much, saying the $50 billion total budget covered more than just the physical submarines and the cost of the French boats was on par with rival bids.
Canberra and Naval Group had been working towards and unofficial deadline of September to sign the Strategic Partnering Agreement (SPA), which is intended to manage the overall program as the Shortfin Barracuda submarines are designed for Australian needs and built in Adelaide over the coming decade.
But as revealed by the Financial Review in August, a stalemate had emerged over key aspects of the contract, including warranty periods for defects and the implications for technology transfer if Naval Group – which is effectively majority-owned by the French government – should ever be sold.
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Admiral Sammut argued it was crucial to get the SPA right rather than rush in and sign it because it would cover the terms and conditions for the design, build of the first submarines, technology upgrades and subsequent boats.
"We always contemplated that finalising the SPA agreement would be challenging because it is such a complex set of arrangements and contracts in which we'll enter into over the next 30 odd years for the delivery of the submarine," he said.
"We want to avoid a situation where circumstances arise that the SPA and the program contracts that sit under it can't manage appropriately because we don't want to halt the work.
"Whenever there are schedule delays because we can't manage events as they arise, they invariably lead to lower productivity which always increases the costs."
Admiral Sammut rejected the need for arbitration.
"The parties must be able to reach agreement between themselves, not be told to reach agreement because an imposed agreement is not an agreement," he said.
"It's absolutely necessary that Naval Group and the Commonwealth agree on terms mutually. In doing so we have ownership of those terms and conditions together."
While the Rudd government's 2009 defence white paper identified the need for 12 new submarines – doubling the size of the existing Collins class fleet – Admiral Sammut revealed Naval Group and the German and Japanese contenders had only been required to bid on the basis of providing eight conventionally powered submarines.
"So it is in that context that we are putting in place the SPA with that understanding the offer was built around eight boats and necessarily the terms and conditions we have should contemplate that, noting that the size of the fleet beyond eight boats will be a matter for government," he said.
"That doesn't mean we must buy eight boats hell or high water, the contract enables us to contemplate what would occur if it was less than that and what would have to apply in those circumstances.
"What we've done is we've left ourselves flexibility for the number of submarines that we may order at any one time."
Critics of the French choice and the headline $50 billion have complained cheaper options were available. German bidder TKMS claimed it could build 12 submarines for $20 billion, while Centre Alliance Senator Rex Patrick claimed recently that 20 modified off-the-shelf submarines would cost $20 billion.
But Admiral Sammut said the cost of the French, German and Japanese bids were all "comparable" and dismisses the suitability of off-the-shelf designs as inadequate for Australia's needs for a long-range, conventionally powered submarine capable of operating for long periods away from its home port.
Criticism of the $50 billion budget was "misinformed" because it also incorporated the boats, Lockheed Martin designed combat system, upgrades to wharves, construction of a new shipyard in Adelaide, logistics, project running costs and contingencies.
"The contract with Naval Group will only be a portion of that $50 billion – a major portion but not all of that $50 billion," he said. Admiral Sammut rejected claims of a "blow-out", saying the $50 billion budget in was "constant dollars", which do not account for inflation, and had not shifted since 2016.
The SPA did not contain any provision for Australia to switch to nuclear-powered submarines down the track, he said



Wednesday, November 7, 2018

Goldman Sachs CEO breaks silence on 1MDB: ASIC's James Shipton needs to do the same

by Ganesh Sahathevan


from the 1MDB theft

This blog reported last year that James Shipton (pic above) the then newly appointed chairman of the Australian Securities And Investment Commission (ASIC), could not be assumed to not be involved in the 1MDB kleptocracy scandal.


Shipton was at the relevant time between 2004 and 2013 at Goldman Sachs in Asia, where he was, amongst other things
Head of Government and Regulatory Affairs .It was his job to work with government in order to further the interests of the firm.


Shipton has yet to explain why he should not be seen to
have been involved in Goldman's 1MDB deals.His silence has become even less tenable now that Goldman Sachs CEO David Solomon admitted that he "feel(s) horrible" that two ex-Goldman bankers “blatantly broke the law”.The attempt to isolate illegality aside,this is the first time that the CEO has spoken about Goldman's involvement in the 1MDB scandal in any meaningful way.
Meanwhile, the Financial Times, quoting Goldman insiders, has reported that over 30 Goldman Sachs personnel were involved in the 1MDB deals.


Against this backdrop, Shipton, ASIC and the Australia Government's silence on the matter of Shipton's involvement in the 1MDB scandal can only raise further suspicion about Shipton's acts and omissions with regards 1MDB.



END 




Reference
Goldman Sachs CEO: I feel horrible ex-bankers broke law in 1MDB case

Published 3 hours ago on 07 November 2018

SINGAPORE, Nov 7 — Goldman Sachs Chief Executive David Solomon said today he felt “horrible” that two former employees “blatantly broke the law” in their dealings with Malaysian state fund 1Malaysia Development Berhad (1MDB).

US prosecutors filed criminal charges against the two former Goldman bankers and a Malaysian financier linked to the alleged theft of billions of dollars from the fund.


In investigation into where 1MDB’s money went became the largest carried out by the Department of Justice under its anti-kleptocracy programme, and the scandal was a major reason why Malaysian voters rejected Datuk Seri Najib Razak, their prime minister for nearly a decade, in an election earlier this year.
“It is obviously very distressing to see two former Goldman Sachs employees went so blatantly around our policies and so blatantly broke the law,” Solomon said in an interview with Bloomberg TV in Singapore.


“I feel horrible about the fact that people who worked at Goldman Sachs, and it doesn’t matter whether it’s a partner or it’s an entry level employee, would go around our policies and break the law,” Solomon said.

US prosecutors announced last week that Tim Leissner, former partner for Goldman Sachs in Asia, had pleaded guilty to conspiracy to launder money and conspiracy to violate the Foreign Corrupt Practices Act, and agreed to forfeit US$43.7 million (RM181.9 million).

Roger Ng, the other charged former Goldman banker, was arrested in Malaysia and is expected to be extradited.

Reuters was not immediately able to contact Ng’s lawyer today. His lawyer did not immediately respond to a request for comment after US prosecutors unveiled the charges last Thursday.

Goldman has also placed its former co-head of Asia investment banking, Andrea Vella, on leave over his role in the firm’s involvement with the case, pending a review of allegations, according to a person familiar with the decision.

The Wall Street bank said in a securities filing on Friday that it may also face penalties from dealings with 1MDB.

Asked if he could provide assurances that neither he, former CEO Lloyd Blankfein or any of the senior management team suspected illegality or compliance breaches in dealings with 1MDB, Solomon said:

“We take compliance and control in our firm extremely seriously, we always have... We are going to continue to cooperate with the authorities and there’s a process in place and that process will proceed.”

According to prosecutors, the investment bank generated about US$600 million in fees for its work with 1MDB, which included three bond offerings in 2012 and 2013 that raised US$6.5 billion. Leissner, Ng and others received large bonuses in connection with that revenue.

Finance Minister Lim Guan Eng told Reuters in June that the government will be looking at the possibility of seeking claims from Goldman Sachs.

Prime Minister Tun Dr Mahathir Mohamad said Malaysia will look into why Goldman was paid around US$600 million in fees, an amount that critics say exceeds normal levels.

Goldman has maintained that the outsized fees related to the additional risks it took on — it bought the un-rated bonds while it sought investors and, in the case of the 2013 deal which raised US$2.7 billion, 1MDB wanted the funds in a hurry for a planned investment.

The new Malaysian government has barred Najib and his wife from leaving the country, and the former premier faces multiple charges of corruption, money laundering and abuse of power, though he has consistently denied any wrongdoing related to 1MDB.

In another interview with Bloomberg yesterday, Malaysia’s prime minister-in-waiting Datuk Seri Anwar Ibrahim said it would be “inexcusable” if Goldman Sachs was complicit in the scandal. — Reuters



FT and wires reported over the weekend 3-4 November 2018:

Over 30 Goldman Sachs executives including bank boss David Solomon and his predecessor, Lloyd Blankfein reviewed the 1Malaysia Development Berhad (1MDB) deals, according to sources familiar with the approval process.
…. Financial Times reported the Wall Street bank helped 1MDB sovereign wealth fund sell about RM27.06 bil (US$6.5bil) of bonds between 2012 and 2013, two years before Malaysian police raided 1MDB’s offices to investigate allegations of massive fraud.
Company insiders were quoted saying the deal had been extensively scrutinised, since it involved not only the Malaysian sovereign wealth fund but also Abu Dhabi’s, which was teed up to buy some of the bonds.



Over 30 Goldman Sachs execs, top bosses reviewed 1MDB deals


  • Nation
  • Sunday, 4 Nov 2018
    8:00 AM MYT
image: https://www.thestar.com.my/~/media/online/2018/11/03/15/22/goldman.ashx/?w=620&h=413&crop=1&hash=BEF228B11059DDDBE469278CACD076E6716BE236
The Goldman Sachs company logo seen at the New York Stock Exchange. - Reuters


PETALING JAYA: Over 30 Goldman Sachs executives including bank boss David Solomon and his predecessor, Lloyd Blankfein reviewed the 1Malaysia Development Berhad (1MDB) deals, according to sources familiar with the approval process.

The Financial Times reported the Wall Street bank helped 1MDB sovereign wealth fund sell about RM27.06 bil (US$6.5bil) of bonds between 2012 and 2013, two years before Malaysian police raided 1MDB’s offices to investigate allegations of massive fraud. 

In a 2016 indictment, the US Department of Justice alleged that much of the money raised with Goldman’s help was siphoned off by Low Taek Jho, who funnelled it into everything from Beverly Hills properties to Van Gogh paintings.

The report added that DoJ, which is still exploring what sanctions if any Goldman should face, has brought criminal charges against former Goldman bankers Tim Leissner and Roger Ng .
Leissner had pleaded guilty to two counts of conspiring to commit money laundering and bribe foreign officials, the justice department said on Thursday. Ng was reported to be arrested in Malaysia on similar charges.

FT reported that Goldman declined to comment beyond saying that it is reviewing the DoJ’s filings and co-operating with the investigation.

In a filing to the Securities and Exchange Commission on Friday (Nov 2), the Wall Street firm estimated that possible losses related to litigation proceedings could run as high as $1.8bil (RM7.49 bil) above its total reserves for such matters. Previously, Goldman estimated litigation losses to be in an excess of $1.5bil (RM6.24 bil).

Company insiders were quoted saying the deal had been extensively scrutinised, since it involved not only the Malaysian sovereign wealth fund but also Abu Dhabi’s, which was teed up to buy some of the bonds.

“There were two sovereign wealth funds . . . everybody had a look at this,” said one banker who reviewed the deal. “You're not going to find that what happened . . . (was) because there wasn't an appropriate level of oversight.”

The source told FT that “everybody” included Blankfein and Solomon, who was head of Goldman’s investment banking division from 2006 to 2012, as well as Gary Cohn, then chief operating officer of the bank.

FT noted that a second person with knowledge of the deal’s approval process confirmed that more than 30 people at the bank reviewed it.

“There was no concern that the money was going to be stolen,” he said. “The concern was that this is a new sovereign wealth fund, the concerns expressed were ‘do they understand (the fundraising)?’”

Goldman received nearly RM2.487 bil  (US$600mil) in fees from the deals. Rival bankers have said that the hefty fees the fund was willing to pay for the fundraising should have raised red flags.

FT reported that a senior official at Malaysia's finance ministry this week said Goldman charged between 9 to 11 per cent of funds raised.

The business daily reported that the second person with knowledge of the deal said Goldman offered 1MDB a menu of fee structures and that the fund picked one that involved the US bank taking the most risk on to its balance sheet. If the bond’s price had fallen, Goldman would have lost money. 

The US bank has already taken a hit to its business in Singapore and Malaysia because of the scandal; clients in bigger Asian markets, including China and Japan, are not concerned, one Hong Kong-based Goldman Sachs source said.

During Friday trading in New York, the bank’s shares were slightly above where they were when the news broke the day before.

“I don’t think it has been or will prove to be a very big deal for Goldman Sachs investors,” said Jeff Harte, an analyst at Sandler O’Neill was quoted by FT.

“(It) looks like a few employees dodged Goldman Sachs's internal systems to secure business from 1MDB. Clearly not a positive, but not terrible or widespread.”


Tags / Keywords:Goldman Sachs 1MDB , Tim Leissner , Roger Ng , Jho Low


Read more at https://www.thestar.com.my/news/nation/2018/11/04/over-30-goldman-sachs-execs-top-bosses-reviewed-1mdb-deals/#Yv2OlcmYiiwpiAGD.99

Saturday, November 3, 2018

DOJ action against Goldman bankers in glaring contrast to Malaysia's inaction against AMBank, Wong & Partners other Malaysian enablers of 1MDB theft

by Ganesh Sahathevan 


AmBank Group said it would take legal action against those behind the a blog posting which claimed a former officer was sacked in 2013 over a total of S$21 million being deposited into Malaysian PM Najib Razak's personal bank accounts.

In mid 2015 AmBank threatened to sue parties behind hoax claiming millions deposited into Malaysian PM Najib's accounts-Nothing has been done.


The Department Of Justice announced on Friday last week that it had accepted a plea deal from Tom Leissner and charged Roger Ng, the senior Goldman Sachs bankers who enabled the 1MDB theft..

Meanwhile, the Malaysian Government has yet to do anything,  about the the following local entities who enabled the the theft:


AMBANK

This might still be relevant:


ANZ's former CEO Mike Smith who led the bank's Asian expansion would know from the time he spent at HSBC in Kuala Lumpur that  Malaysians in general are always (and I mean always) on the look out for a deal to at least supplement meager incomes, if not get rich quick.

Given that deal making propensity ,news of the the SEC's recently reported USD 22 million payout (RM 88 million) to a whistle blower  ,the largest this year and second only to its record payout of USD 30 million (RM 120 million)  will prove too much for AMBank staff to resist.

Given the central role that AMBank and its ANZ led management played in the 1 MDB theft, which the US Justice Department described as the biggest case of kleptocracy ,fraud and theft it has ever seen, AMBank staff can be expected to have already done the math and determined that speaking to the SEC might well set them up for life.



WONG & PARTNERS  



WONG & PARTNERS Law firm Wong & Partners, which is affiliated to international firm Baker & McKenzie, is the legal firm of choice for Jho Low and 1 Malaysia Development Bhd (1MDB). They represented 1MDB in the first US$1.0 billion joint-venture transaction with PetroSaudi as well as the subsequent dealings in the Murabahah notes. Wong & Partners was also involved in the drafting of the Memorandum of Articles & Association of 1MDB. The principal partner of Wong & Partners who handled both Jho Low’s and 1MDB business was Brian Chia. A point to note is that Tiffany Heah, who was a legal counsel at UBG Bhd when Jho was a shareholder, had worked at Wong & Partners before joining him. Heah was also at the New York meeting on Sept 7, 2009, where Jho Low met PetroSaudi’s Patrick Mahony for the first time to discuss the joint venture with 1MDB. Another interesting fact is that Chia and two others from Wong & Partners are shareholders of a consultancy and advisory firm called B&M Consultancy Services Sdn Bhd. The shareholders are Chia (33.14%), Adeline Wong Mee Kiat (33.71%) and Chew Kherk Ying (33.14%). B&M described itself as a professional service firm that specialised in strategic corporate consultancy, advisory and management services. “ We are a trusted adviser to our clients, which comprise both domestic and multinational corporations in the public and private sectors, with offices in Malaysia and other jurisdictions. We combine our rich local knowledge with an innovative global mindset to assist our clients in establishing and driving their business and investment strategies in Malaysia and globally, with a view to promoting Malaysia as a strategic investment hub in the region.” 

B&M did work for Jho Low/Javace Sdn Bhd in its General Offer for UBG (Bank).
Documents from the Hong Kong Companies Registry show that on July 9, Low signed two documents to change both firms’ company secretary from B & Mck Nominees to KV Pro Services in Mong Kok.

It is not known if he was in Hong Kong when he signed the documents but the registry said a signatory would not need to be in the city to sign the papers.
B & Mck is a subsidiary of US law firm Baker McKenzie. A spokesman from the law firm confirmed it had ceased to work for Low’s companies but declined to give the reason.


END



References 



AmBank will sue parties behind hoax claiming millions deposited into Malaysian PM Najib's accounts

PUBLISHED

JUL 16, 2015, 8:26 PM SGT




PETALING JAYA (THE STAR/ASIA NEWS NETWORK) - AmBank Group will take legal action against those behind the blog postings of a fake press statement and statutory declaration, once it ascertains the identity of those involved and motive of the hoax.

The bank's statement came after a new anti-graft watchdog claimed a former AmBank officer was sacked in 2013 over a total of S$21 million being deposited into Malaysian Prime Minister Najib Razak's personal bank accounts, only for the self-proclaimed watchdog to admit hours later that it was a hoax. The CAGM had claimed the money was purportedly channelled to the ruling Barisan Nasional's component parties before the country's general election in May that year.

"We are continuing our investigations and inquiries into the Citizens for Accountable Governance Malaysia (CAGM) and its purported chairman, Md Zainal Abidin, to ascertain the real identity of those behind the postings. Once their identities and motives are ascertained, we will take such action as is available to us under the law," AmBank Group said in a statement on Thursday.


AmBank said CAGM on July 12 published what it described as a "press statement" entitled "Najib, Ambank & Mahathir".

The bank said the blog then corroborated its press statement by publishing on July 14 what it described as a "statutory declaration" from an alleged former employee of "AmBank Malaysia Berhad".

On July 15, AmBank said CAGM published another post describing itself, its purported chairman, Md Zainal Abidin and its postings as a hoax created as "just an experiment in social media in Malaysia".



ADVERTISING


"Regardless of the motives behind this elaborate hoax, the postings of July 12 and 14 contain malicious and defamatory statements against AmBank Group, our chairman and employees," it said.

"This was compounded by the republication of these statements in other media publications thereby gaining unwarranted attention and traction. It is of little comfort to us that the so-called CAGM now admits that this hoax was directed at the media and presumably not at us."

AmBank Group said it is bound by the Financial Services Act 2013 (FSA) and Islamic Financial Services Act 2013 (IFSA) and that the FSA and IFSA are strict in their protection of client confidentiality.

AmBank said it adopts good practices in corporate governance and applies Malaysian banking laws and regulations. "We have co-operated fully with the authorities in an open and transparent manner, and will continue to do so."

"We would like to reassure our valued customers that the AmBank Group operates with high levels of integrity and that our business is operating as usual," said AmBank Group chairman Tan Sri Azman Hashim in the statement.


TOPICS:
MALAYSIA
NAJIB RAZAK
BANKS AND FINANCIAL INSTITUTION