November 18, 2024

Olympus Inquiry Said to Include Banks

Olympus, a Japanese endoscope and digital camera maker, admitted this month that it kept investment losses off its books for two decades as part of a cover-up. But many questions remain about how Olympus managed to obscure the losses for so long and how much outside help the company may have received.

According to the person close to the investigation, who was not authorized to speak publicly, regulators are looking into whether managers handling Olympus’s accounts at several European banks provided inaccurate or misleading statements of the company’s accounts.

The investigation is examining whether the bank statements were then used by Olympus to generate financial statements that misstated the company’s true health, the person said.

He refused to name the banks, saying investigations were still continuing.

Allegations of complicity by Olympus’s bankers come as the company’s recently sacked president, Michael C. Woodford, returned to Japan from his native Britain to meet with local authorities who are investigating Olympus’s finances — and to confront the company’s board over his firing.

Mr. Woodford was fired in mid-October after he questioned more than $1.4 billion in irregular merger payments made before his tenure. Olympus has since admitted that those payouts were part of its cover-up of past losses.

Mr. Woodford, who remains a director, has demanded that the entire board resign over the cover-up. He has also offered to return to the helm of the company to help it restructure and clean up its books.

At the board meeting Friday at company headquarters, which Mr. Woodford described as tense, there was no talk of reinstating him as president, he said, adding, “The directors know that they have to leave to bring credibility back to the company.”

Under pressure, Olympus said Thursday the board was indeed prepared to step down once the company was on the road to recovery, though the company gave no timeline for the resignations. Also on Thursday, three executives who Olympus says were behind the cover-up resigned from the company.

Although Olympus has not detailed the system by which it hid the losses, it is thought to have used a once common accounting maneuver known as “tobashi.” In tobashi, translated loosely as “to blow away,” a company hides losses on bad assets by selling those assets to other companies, often dummies, only to buy them back later. That allows the company with the bad assets to temporarily mask losses, and pay them off when company finances improve.

Those payments are usually disguised as acquisition fees or write-downs.

At Olympus, under scrutiny are $687 million in fees paid in 2008 to an obscure financial adviser in the Cayman Islands for Olympus’s acquisition of the British medical equipment maker Gyrus — fees equal to about a third of the $2 billion acquisition price and more than 30 times the going rate for such services.

According to an e-mail exchange dated Oct. 6 between Mr. Woodford and Olympus’s compliance officer, Hisashi Mori, the company used two European banks to transfer funds to Axam, the Gyrus acquisition adviser incorporated in the Cayman Islands.

The e-mail, provided by Mr. Woodford, said Olympus used one bank to remit $210 million and the other to remit $410 million.

One of the banks requested a copy of the underlying agreement between Olympus and Axam, according to the e-mail. Such a request is unusual and a sign that the bank had concerns about the payment. It is unclear, however, if either bank flagged financial regulators to the transaction.

Neither bank has been accused of wrongdoing, and neither has been identified as the subject of an investigation by Japanese authorities.

Yoshiaki Yamada, a Tokyo-based spokesman for Olympus, said he could not comment on details of ongoing investigations or on the authenticity of the e-mails provided by Mr. Woodford. The company has threatened to sue its former president for leaking internal documents, however.

Tobashi was made infamous by Yamaichi Securities, which hid over $2 billion in losses before collapsing in 1997. Yamaichi was then Olympus’s preferred broker.

The brokerage firm also previously admitted to making improper payments of about 1 billion yen to Olympus to cover stock market losses, part of a scandal that involved nearly every big company in the country.

Article source: http://feeds.nytimes.com/click.phdo?i=67c8ebb518139099da50dafe04eccf15

DealBook: Icahn Seeks to Replace Clorox Board

Carl C. IcahnChad Batka for The New York TimesCarl C. Icahn

10:13 a.m. | Updated with Clorox statement

Carl C. Icahn stepped up his fight with Clorox on Friday, threatening to replace the detergent maker’s entire board with his own candidates after the company rebuffed his $10.7 billion takeover proposal.

In a letter to Clorox, Mr. Icahn named a full slate of 11 directors, including himself. Other nominees include his son, Brett, and a top lieutenant, Vincent J. Intrieri. It also includes the likes of A. B. Krongard, a former executive director of the Central Intelligence Agency.

Clorox said in a statement that it will review the proposed slate, but added: “We believe that Mr. Icahn is nominating candidates solely to advance his own agenda.”

The proxy fight follows repeated efforts by Mr. Icahn, who owns a 9.4 percent stake, to force the company into a sale. The activist investor has made two successive bids, the latest of which is worth $80 a share. But he has argued another bigger buyer — perhaps a consumer-products giant like Procter Gamble — could come in with a higher bid, possibly $100 or more.

Clorox’s management has said that while it may consider a sale, it does not believe that Mr. Icahn’s offers have any credibility.

“We’re not opposed to a sale, only a steal,” Donald Knauss, Clorox’s chief executive, previously told DealBook. “We’re open to any credible idea.”

The company has already added some defenses against Mr. Icahn, including a shareholder rights plan that makes an unwanted takeover prohibitively expensive.

Shares in Clorox have fallen 6 percent since Mr. Icahn announced his first offer in July and have not reached the level of either of his bids, suggesting investor skepticism about a deal. The company’s stock closed on Thursday at $64.12.

Article source: http://feeds.nytimes.com/click.phdo?i=a016821450a42c1ac28afe1e2c9b8894

You’re the Boss: Small Businesses That Understand Social Media

Blake Cervenka and his Yeti cake.Blake Cervenka and his Yeti cake.

Branded

An insider’s guide to small-business marketing.

A few weeks ago, I wrote a post questioning whether all small businesses should invest time and money in social media. The post was a reminder that business owners need to consider the costs and potential returns of social media before taking the leap.

Especially because that post prompted a lively discussion, I’d like to share a couple of examples of small businesses that are doing it right and getting impressive returns on their social media investment — along with a graphic that serves as a nice one-sheet guide to getting the most out of social media tools.

Example No. 1: Melrose Jewelers is a three-year-old, 70-employee, e-commerce retailer based in Los Angeles that sells luxury watches — Cartier, Rolex, Breitling — at an average cost of $4,000. Kyle Mitnick, director of marketing, said that since Melrose introduced its Facebook page, blog and YouTube channel last fall, the company has seen a 71-percent increase in year-over-year sales (and collected more than 100,000 Facebook “likes”).

“Facebook is a great forum for really conveying the trust of our business and helps us level the playing field in reaching younger, aspiring individuals who are technologically savvy,” said Mr. Mitnick. “Older customers, who have purchased luxury watches at stores, are a little bit hesitant to make a purchase that large online. With this group, our social presence — reviews by other Facebook users, posts and interaction with our fans — builds credibility.”

Melrose ran four Facebook campaigns simultaneously over a five-month period — including one in December that the company credits with attracting $100,000 in sales. “We came up with a concept of associating a watch with a person’s identity,” Mr. Mitnick said. “We have over 600 watches on our site. Customers will say, ‘I know I want a Breitling, but I don’t know which one.’” So the company created a quiz that asked a series of questions and — based on the answers — tied the person’s personality to a specific watch. The answers were posted on the quiz taker’s Facebook page. (Apparently I’m a Men’s Stainless Steel Blue Stick Dial Rolex Datejust. Who knew?)

Mr. Mitnick said the costs of the quiz campaign were just $160 to Wildfire Apps to build and run the quiz application for 30 days and about $7,000 in staff time.

Example No. 2: Walk into the offices of Yeti Coolers and you feel as if you are somehow in a family fishing camp located inside a warehouse. On a hot summer day in Austin, Tex., the mostly male employees dress like they’re heading to troll for redfish on the flats. This five-year-old company makes rugged coolers — with premium pricing to match. You can get the feel from a YouTube video that shows a 500-pound wrestler, Big Bald Mike, attempting to destroy a Yeti. He’s unsuccessful with the Yeti — but quickly decimates a competitor’s cooler.

Yeti Coolers was started in 2006 by two brothers, Roy and Ryan Seiders. They owned, respectively, a company that built custom fishing boats and one that built fly-fishing rods, and Roy was looking for a more durable ice chest to outfit his boats. The more he learned the more interested he got; eventually, he decided to stop selling boats and start selling coolers. Working with a manufacturer in the Philippines, they incorporated features like full-length metal rod hinges, rubber molded key latches, and three-inch thick lids. Outdoorsmen responded. Today, the coolers sell through Yeti’s online store and 1,500 dealers nationally, including sporting-goods destinations like Cabela’s and Bass Pro Shops. The 37-employee company has experienced 100-percent growth since its inception, and its inventory is moving rapidly through its new 35,000-square-foot complex. Every day, a 53-foot Fedex trailer leaves the warehouse full.

Yeti’s Facebook page, its blog and YouTube videos (more than 50, some with more than 10,000 views) are the watering holes where the tribe shares its enthusiasm. “Most of the time people are using coolers, they are doing something fun,” said Rick Wittenbraker, vice president of marketing. “They stop calling it a cooler and say, ‘Let’s go fill up the Yeti.’”

The Facebook page, with nearly 15,000 “likes,” is full of people sharing their Yeti moments, encouraged by photo contests and giveaways of hats, T-shirts and gear. “We are not in the game of saying, ‘Buy this cooler, on sale now!’ It’s about building our community and upselling. We have guest bloggers and profile our dealers. People on our Facebook page love sharing pictures of themselves in a Yeti hat in a cool place or sharing their fishing and hunting photos. Some of our customers created their own videos featuring their Yeti — one guy swimming with sharks and his Yeti — and uploaded it to their own YouTube channels.”

Mr. Wittenbraker makes a point to respond to every comment and finds it extremely useful as a customer-service forum. He estimates his team collectively spends at least 20 hours per week managing their social media and says the benefits have been immeasurable. Among the hundreds of photographs that members of Yeti Nation have posted online have been several wedding shots of proud grooms (that’s Blake Cervenka in the photo above) sharing their special day with Yeti-inspired wedding cakes, complete with ice cubes, fishtails and lures — the butter-cream frosting version of a real Yeti.

MP Mueller is the founder of Door Number 3, a boutique advertising agency in Austin, Tex. Follow Door Number 3 on Facebook.

Article source: http://feeds.nytimes.com/click.phdo?i=0da88ae564d2c17bfcdebfa8e3dc4229