April 27, 2024

At Olympus, Western Questions for Old-School Ways

The other was an Olympus hand of almost half a century, with a decade at the company’s helm, credited with kick-starting its camera business, and long a witness to its ups — and downs.

But when the English president, Michael C. Woodford, confronted the Japanese chairman, Tsuyoshi Kikukawa, last summer over $1 billion in murky payouts and questionable acquisitions Olympus had made during Mr. Kikukawa’s tenure, their worlds clashed.

And so began a boardroom battle that has now cost both men their jobs, wiped out over half the company’s stock-market value — and once against cast a harsh spotlight on seemingly grave lapses of corporate governance at a top-tier Japanese company.

On Wednesday, Mr. Kikukawa, 70, resigned as Olympus chairman, just two weeks after he had publicly fired Mr. Woodford, 51, citing his inability to fit in with Olympus’s Japanese top management team. (“I don’t think he liked Japan,” Mr. Kikukawa wrote in an e-mail he sent to the company’s employees around the world, explaining the firing of Mr. Woodford.)

In a statement Wednesday announcing his own resignation, Mr. Kikukawa said that he regretted “causing concern” to shareholders, but insisted that there was “no corruption” involved in the acquisitions that Mr. Woodford had questioned.

Mr. Kikukawa was replaced by Shuichi Takayama, a managing director of the company, who bowed deeply in front of flashing cameras and promised to “spearhead efforts to restore confidence” in Olympus. But the appointment of Mr. Takayama, who is 61 and a 30-year Olympus veteran, has raised investor questions over whether his long ties to the company and the board can allow him the independence to conduct a comprehensive investigation of the claimed misdeeds.

The Olympus debacle involves charges of money-laundering, false accounting and other fraudulent practices totaling more than a billion dollars — potentially one of Japan’s largest-ever financial scandals.

At the center of the storm are exorbitant fees of $687 million that Olympus paid to now defunct advisory companies for its 2008 acquisition of Gyrus, a British medical equipment maker. Also under scrutiny are hundreds of millions of Olympus dollars that were spent buying three unprofitable start-up companies, only to have Olympus quickly write off three-quarters of their value.

In a hastily called press conference Thursday morning, Mr. Takayama said that the company had thought the multimillion-dollar advisory fee for the Gyrus deal “would pay off.”

But the scandal is also a tale of cultural expectations, dashed on both sides, and a look at an old-school way of doing business in Japan that continues to resist the due diligence and best practices that the corporate West expects as a matter of course.

In some ways, the Olympus episode harks to an older — and more freewheeling — era of Japanese deal-making, before the bursting of the country’s economic bubble in the 1990s and subsequent regulatory reform efforts. Back then, small Japanese shareholders — at times purported to have organized crime links — would threaten to cause ruckuses at corporate annual meetings unless they were paid to be silent. In other cases, companies would pay politicians to secure government business.

But the Olympus scandal is unusual because it follows an era of aggressive government crackdown on bribery and suspicious business deals, said J. Mark Ramseyer, a professor of Japanese legal studies at Harvard Law School. “The activity seems to have gone down quite a bit,” Mr. Ramseyer said.

And yet, other experts cite the Olympus episode as evidence of still-frequent lapses of corporate governance in a country where truly independent board members are still rare, although there’s a requirement that one director or auditor be independent. And still in force, experts say, is a deep-rooted Japanese business culture in which personal relationships can sometimes seem to take priority over generally accepted accounting practices.

Ben Protess contributed reporting from New York.

This article has been revised to reflect the following correction:

Correction: October 27, 2011

An earlier version of this article mistakenly referred to the fees of $687 million that Olympus paid to advisory companies for its acquisition of Gyrus as multibillion-dollar fees.

Article source: http://www.nytimes.com/2011/10/27/business/global/olympus-chairman-resigns-amid-widening-scandal.html?partner=rss&emc=rss

Wall Street Follows Europe in Rebound

The development, as well as European economic data released on Wednesday, went to the heart of a number of the issues facing investors — how to gauge the euro zone’s approach to its debt crisis and the pace of global economic growth.

On Wall Street, bank stocks led the indexes higher, but analysts were cautious about the prospects for the gains to stick, given recent volatility.

“It is a bit of a relief rally,” said Paul Zemsky, the chief investment officer of multiasset strategies for ING Investment Management. There was “a favorable outcome” to the German court ruling and the market was responding, he said, “but we need to see follow through.”

In addition, better industrial data from Germany provided some support, Mr. Zemsky said. German industrial production surged 4 percent in July, above expectations and reversing a decline in June. Still, the country must cope with slack demand.

“It looks like the economies around the world are slowing, not stopping,” he said.

Bank stocks in particular have been strongly affected. They took a hit on Tuesday as concerns about the debt crisis in Europe and global economic growth sent financial markets down. But they were off their lows on Wednesday in both Europe and the United States, surging more than 3 percent by noon.

Corporate news also propelled trading in key sectors.

Bank of America was the most actively traded financial stock, and it rose just over 5 percent. The bank shook up its top management team on Tuesday as it contended with a flagging share price and mounting legal liabilities.

Other corporate news had an impact on trading. The technology sector in the broader market rose solidly, led by Yahoo, which was up more than 5 percent. The company’s chief executive, Carol A. Bartz, was fired Tuesday, ending a rocky two-year tenure in which she tried to revitalize the online media company.

By noon, the three main indexes in the United States were all higher. The Dow Jones industrial average of 30 stocks was up 1.6 percent, and the Standard Poor’s 500-stock index and the Nasdaq composite index were each up just over 2 percent.

The Treasury’s benchmark 10-year note yield rose to 2.02 percent from 1.98 percent late Tuesday.

The gains on Wall Street on Wednesday, if they hold, would reverse the losses that were carried over from last week’s disappointing report on United States unemployment and news that major American banks were facing a federal lawsuit related to their handling of mortgage securities.

Still, analysts cautioned that investors would stay nervous, and markets volatile, as the euro-zone debt crisis plays out and concerns about the pace of growth in the United States and Europe linger.

HSBC hammered home the point on Wednesday that global economic fundamentals were significantly weaker now than before.

The bank’s team of economists lowered their growth forecasts for this year and next, with particularly marked revisions for the developed world. They forecast that developed economies would expand just 1.3 percent this year, down from a previous projection of 1.8 percent. Growth in emerging economies is likely to hit 6.2 percent, rather than 6.3 percent, they said.

“The developed world has succumbed to economic permafrost,” the team, headed by the global economist Stephen King, wrote in its report. “The message is simple: despite massive policy stimulus, healthy economic recovery is now but a distant dream.”

But the German court ruling was bringing momentary relief to financial markets, said Carsten Brzeski, an analyst at ING in Brussels, “as a total chaos scenario has been avoided.”

But he warned against “euphoria” at the development. “A bigger say for the German Parliament in future bailouts could easily find copycats in other euro-zone countries, undermining the clout of the beefed-up” European bailout fund, he said.

“I wouldn’t overplay the German decision,” said Andrew Milligan, head of global strategy at Standard Life Investments in Edinburgh.

There was some relief in the markets because the announcement “removed one hurdle to an overhaul of the European problem,” he said, “but it is still extremely uncertain how the overall situation will play out.”

He added that it was unlikely that bonds of the noncore euro-zone members would pick up much momentum from the court decision.

“You might still want to hold German bonds,” he said, “but do you really want to hold other European bonds?”

In afternoon trading, the Euro Stoxx 50 rose 3.4 percent, although it is still down more than 20 percent for the year. In Britain, the FTSE 100 index rose 3.1 percent. The CAC 40 in France was up 3.6 percent and the DAX in Germany rose more than 4 percent.

The Nikkei 225 index in Japan, which closed at its weakest level since April 2009 on Tuesday, recouped some of the previous session’s losses with a rise of 2 percent.

The Japanese central bank kept interest rates unchanged at their already ultra-low levels, and announced no new economic stimulus measures at the end of its policy meeting on Wednesday — though pressure for more action is mounting. In Australia the economy expanded by 1.2 percent in the second quarter from the previous period, against expectations of a gain of 1 percent.

In Australia, the S. P./ASX 200 closed 2.7 percent higher. The Hang Seng in Hong Kong closed up 1.7 percent, while the Shanghai composite index gained 1.8 percent.

The dollar was mostly lower against other major currencies. The euro rose to $1.4033 from $1.3998 late Tuesday in New York, while the British pound rose to $1.5987 from $1.5944. The dollar fell to 77.20 yen from 77.66 yen.

The dollar was also at 0.8580 Swiss franc, down from 0.8622 franc. The Swiss currency was hovering around 1.20 to the euro after the Swiss national bank on Tuesday surprised investors by saying it would seek to cap the Swiss franc’s value at that level — a move intended to cushion Swiss exporters from the impact of the currency’s strong rise in recent months.

Comex gold was down 3 percent at $1,817. Crude traded in New York was about 3 percent higher at $88.93.

Matthew Saltmarsh reported from London and David Jolly from Paris. Bettina Wassener contributed reporting from Hong Kong.

Article source: http://www.nytimes.com/2011/09/08/business/daily-stock-market-activity.html?partner=rss&emc=rss