min-myinnersoul

In the good old days, this was an easy cliche. Tax evasion (breaking the law) was a crime. Tax avoidance (minimising paying the tax within the law) was something you were duty bound to do. Whether you are an individual, company, whatever. Period. Now it isn't so clear cut an answer.  And that says something about our times. Witness the case of Apple . It does aggressive tax planning (all within the law). It has a big subsidiary in Ireland and has done a deal with the government there for a low tax rate. It does not bring overseas profits into the US, because it is double taxed then; so it leaves all its overseas profits overseas. All very legitimate. And yet there has been a huge outcry and a Congressional hearing where Apple is accused of not paying "its fair share of taxes". Similar accusations are levied on Amazon, Google and Starbucks in the UK and indeed in many other countries. Nowhere are the authorities claiming they broke the law. They are just angry that these c...

Remember Jérôme Kerviel  ?  OK, very excusable if you have forgotten who he is. He was the rogue trader who almost brought Société Générale ( a reputed French bank) to its knees. This happened in 2008. Kerviel was a trader who punted like crazy in the casino, that is euphemistically called financial markets - he was making gigantic bets that involved European stock index futures. The whole thing unraveled, he was fired, Société Générale tottered and ultimately lost € 4.9 bn.   Criminal proceedings were launched against Jérôme Kerviel  and he was sentenced to prison and a fine. He appealed, and, on Friday, lost his appeal. What caught me was the quantum of the fine. He was fined € 4.9 bn, the quantum of the loss that Société Générale incurred.  A fine of € 4.9 bn ???? Kerviel has no money and is unemployed and probably unemployable. How on earth is he expected to pay  € 4.9 bn ?   This is outright crazy. The judges have fallen hook line and sinker ...

Yet another rogue trader has emerged. This morning is ablaze with the news that UBS (a Swiss bank) could have lost some $2bn on account of the actions of one trader - Kweku Adoboli at its London office. Adoboli has been arrested last night and the details are only slowly emerging.  Nothing is proven as yet , but Adoboli might very well join his illustrious predecessors - Nick Leeson of Barings, Jerome Kerviel of Societe Generale, et al in the hall of Notoriety. Apparently the losses stemmed from the trader placing bets, using the banks'own money on something called Delta One - trading in financial instruments linked to exchange traded funds. To lose $2bn, the trader must have been trading staggering sums of money. Clearly UBS has egg on its face. Quite apart from the massive loss, questions will be asked about risk management in the bank. How could they let such a big loss build up. The question to be asked is what on earth banks are doing even indulging in such activities. They ar...

The media loves to makes lists – the richest people in the world, the biggest companies in the world and so on. Forbes has compiled a rather unusual list – the 10 most outrageous CEOs of 2009 . Bernie Madoff would have been a slam dunk for the winner – but his place in the sun was last year – so he’s disqualified. This year’s list is full of people who have been charged or indicted of fraud. Robert Moran sentenced for tax fraud at No 10, David Rubin indicted for fraud at No 9, Allen Stanford accused of misappropriation at No 8, Danny Pang accused of running a Ponzi Scheme at No 7, Thomas Peters on trial for fraud at No 5, Ramalinga Raju, in jail at No 4 and Raj Rajaratnam charged with insider trading at No 3. Sandwiched between them are Ed Libby of AIG at No 5, for the retention bonuses he decided to pay the executives of the financial products divisions who brought ruin to the company in the first place and John Thain of Merill Lynch at No 3 who pushed through bonuses before the tak...

Is there a justice system in India ? Does it really work ? I’m not so sure. These plaintive questions are in response to the continued detention of S Gopalakrishnan and Srinivas Talluri, the PWC partners who had certified the accounts of Satyam Computers. I argued that their detention is completely unwarranted here . They continue to be behind bars. One after another, their bail petitions are rejected. When I wrote the earlier piece in April, I had expected that they would be released shortly. We are in end June, and it has still not happened. Read an account of their ordeal here . I am not a legal man. I am just an ordinary citizen of India. But India is a democracy. The ordinary citizen has a voice too. So here’s mine. This is an open letter to anybody in the justice system in India - May I remind you that in law, you are innocent until proven guilty. It appears that this principle does not apply in India. - Detention pre trial is not a matter of routine. I know you lock up thousand...

The Satyam affair broke out in early Jan with Raju's famous letter . Since then, two parallel chain of events have happened - one handled brilliantly and one handled abysmally. When the news broke, the company was on the verge of immediate collapse. The government acted swiftly in naming an eminent Board to take over. These individuals demonstrated why they are of so eminent a stature. They immediately took control, kept the business going, reassured customers and employees, staved off an immediate crisis, held an auction, found a buyer (can you imagine how difficult a task that would have been) and did a deal in 3 months flat. There is now a reasonable future ahead for the company, its employees, its shareholders and its customers. By any yardstick this is a stupendous achievement. I haven't really heard, or read about, the plaudits they richly deserve. They deserve a medal. Messers Karnik, Parekh, Achutan and everybody else involved in saving the company - take a bow. The oth...