To the extent that the government doesn't own or even have a
controlling interest in Lloyds Banking and that at the material time
of any possible mismanagement the owners were the shareholders, it
would seem a 'dodgy' basis for any legal action unless fraud or
illegal acts could be proved.
This smacks to me of 'vendetta' politics not any upholding of the
law. The mere fact of the action could pressurise weaker individuals
to cave in early. This is the way this pernicious government behaves
and is well detailed by Tom Winsor, a former Rail Regulator in his
account today of the dirty tricks carried out - illegally - to force
a solvent company into bankruptcy and thus defraud the shareholders.
For this see "The message gets louder - 'Brown OUT!" sent at 1.33pm
today.
It all stinks!
XXXXXXXXXX CS
========================
FINANCIAL TIMES 4.3.09
Goodwin action could start 'in weeks'
By Jean Eaglesham, Chief Political Correspondent
Legal action against Sir Fred Goodwin or others implicated in the
near-collapse of Royal Bank of Scotland and HBOS could be initiated
"within weeks", a Commons inquiry was told on Tuesday.
Two former RBS board members came under fire at the Treasury
committee hearing for failing to sack Sir Fred, the bank's former
chief executive, at the time of the October taxpayer bail-out. The
decision to allow Sir Fred to take early retirement instead of giving
him 12 months' notice to quit almost doubled the 50-year-old's
pension from £416,000 to £703,000 a year, the bank disclosed in a
letter to the committee.
The "compromise agreement" setting out the pension deal that has now
provoked a political storm was hammered out in the early hours before
the rescue deal for the bank was announced, it emerged. The agreement
"was signed between midnight and 3am on [Monday] October 13" and
approved the next day by the RBS chairman's committee, the bank said.
UK Financial Investment, the government body set up to manage the
taxpayer's stakes in the banking sector, told MPs on Tuesday the "two
key decision-takers" responsible for agreeing the terms of Sir Fred's
departure were by Sir Tom McKillop, the former RBS chairman, and Bob
Scott, the former chairman of the bank's remuneration committee.
The Tories sought to stoke the row over the payoff, questioning why
Lord Myners, the City minister, had not questioned the pension terms
when the deal was discussed with him during the weekend leading up to
the bail-out.
"What we are trying to establish is whether this was a nod and wink
banker-to-banker deal between Lord Myners and Fred Goodwin, or
whether this was just sheer bungling incompetence," Michael Fallon, a
Tory MP on the committee, stated.
John Kingman, UKFI's chief executive, said that the "criticism should
be directed at those who took the decision" [He would, wouldn't he.
He's 'government and he's looking after HIS own -cs] . He
characterised the decision to allow Sir Fred to be treated as
retiring as "extraordinary" and accused the former RBS board of
failing to pass on to ministers "material facts it ought to have
shared with them".
A source close to RBS told the Financial Times "the former directors
are outraged" at what they see as retrospective scapegoating by the
government for a deal made under agreed terms at the bank.
"You can't sack someone for political expediency," the source
stated. [Oh yes you can if you're the government headed by Brown who
always says that nothing is ever HIS fault. - cs]
The scope of the potential legal action being considered by the
government over the near-collapse of the two banks emerged for the
first time at the committee hearing on Tuesday.
Business decisions and corporate governance issues, such as the
extent of information given to board members, are being reviewed to
see if there is a realistic prospect of taking former directors,
managers or advisers to court.
"We do have extensive legal advice," Mr Kingman told the committee on
Tuesday. "We have asked the boards of both banks to undertake reviews
of everything that went wrong at RBS and HBOS to see if there's scope
for taking legal action." He added: "To the extent that any legal
action derives from an analysis of the past, possibly relating to Sir
Fred, possibly relating to other actors in the drama at RBS and HBOS,
I would expect that to take weeks rather than days."
Wednesday, 4 March 2009
Posted by
Britannia Radio
at
18:43