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No one attempted Parmalat jigsaw
Only the Tanzi family and close associates
knew how all the pieces fitted together. But the fragmentation of responsibility
does not absolve everyone from it - the questions asked should hark back
to the whole picture
As the Parmalat scandal unfolds, fascinating
detail is emerging about the Italian dairy company's Byzantine structure,
hyperactive bond issuance, loss-making acquisitions and lies about its
available cash.
These colorful pieces all fit into a jigsaw that only the Tanzi family,
Parmalat's principal owners, and its close associates could see. Investors
might have guessed that the motives were maintenance of family control
- by hanging on to 51 per cent of the equity - and tax avoidance.
Now the main aim looks to have been to cover up losses and funds siphoned
off for family purposes. The total amount unaccounted for is estimated
at €l0bn (£6.9bn).
One explanation for the failure to spot the malignity is that no one outside
the Tanzi camp had a clear view of the whole. Everything was fragmented:
the auditing, the banking, the money raising, the investor base, the supervision.
This diversity has one advantage: no bank or investor is likely to suffer
catastrophic losses. But it also raises a question about international
capital markets
Who should have had a view of the whole? Auditing was split between Grant
Thornton, which had served the company for 13 years, and Deloitte, brought
in as chief auditor in 1999. Sadly, the rotation did not make the chief
auditor responsible for the whole, as is the case in the UK.
That lack of clear prime responsibility may explain why Deloitte failed
to act as a new broom - surely the point of rotation. The work of Grant
Thornton on key subsidiaries - including the one that faked a €3.95bn
bank account - continued without independent verification.
As for the supervision of auditing in Italy, Marco Tronchetti Provera,
chief executive of Telecom Italia, was right to call, in an article for
the Financial Times last week, for a Public Company Accounting Oversight
Board for Italy.
Was there a bank that had a long relationship with Parmalat, understood
its cash flow and knew where all its money was? No.
In the past 10 years, some 20 banks - including Chase Manhattan/JP Morgan,
Merrill Lynch, IMI (now merged with San Paolo), Intesa and Unicredito
- have been involved in nearly 40 bond issues, raising around $9bn.
("Black Hole") as an offshore finance company. Bank of America
did not have €3.95bn on deposit for Bonlat, a Cayman island subsidiary.
But it did other work. Deutsche Bank, adviser on the last bond issue,
got roped into helping Parmalat respond to Standard & Poor's inquiries.
None had an old-fashioned over-arching relationship that might have enabled
it to spot the whole. If they had, the cynical view is that they would
have got sucked into colluding. It seems to be conventional wisdom in
modern capital markets that an arm's length relationship between borrower
and lender is less prone to corruption and uncommercial decision-making
than the old close bonds between a company and its local bank. But there
is a cost in terms of intimate knowledge and prime responsibility.
The strangers that now lend money to companies such as Parmalat, via the
bond markets, attach great importance to credit ratings from the likes
of Standard & Poor's. But the agency relies on the published accounts
and the honesty of the company's leaders.
If a company fails to answer questions, the rating may well be withdrawn;
but not if it lies convincingly. Consob, the Italian market regulator,
will also have been blinded by the audited accounts, as well as the remoteness
of many operations. But weaknesses have been exposed in terms of accounting
standards (hence the need for internationally recognised ones), corporate
governance and the quality-of monitoring.
Parmalat was also clever in that it operated in several jurisdictions
and sought out regulatory havens, such as the Cayman Islands. Other ways
in which it kept below the regulatory radar included its avoidance of
big share issues. If it had tried to raise €lbn a year on the equity
markets, the glaring question "what is it all for?" might have
been asked. In the US, it made some private bond placements that did not
have to be registered with the Securities and Exchange Commission.
The suits have started to fly from investors and fraud will strengthen
their case. But the canny ones are those who looked for the whole picture
and when they could not find it, fell back on fundamental questions such
as why would a food group need to raise money so often? And why did it
behave like an organisation with something to hide?
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