Toshiba Drops Most Since 2012 After Accounting Probe; panel formed to examine the “reasonableness of estimates” when using the percentage-of-completion accounting method for some projects

http://www.bloomberg.com/news/articles/2015-04-06/toshiba-drops-most-since-2012-after-accounting-probe

Toshiba Drops Most Since 2012 After Accounting Probe

byTakashi AmanoPavel Alpeyev

April 6, 2015

Toshiba Corp. fell the most in more than two years after the company said it would appoint a committee to investigate possible problems with its accounting. The maker of nuclear reactors, chips, appliances and electronics dropped as much as 9 percent, the most since July 2012. The shares traded 5.7 percent lower at 483.2 yen as of 10:33 a.m. in Tokyo.

Toshiba said Friday after the market closed that it would form a panel to examine the “reasonableness of estimates” when using the percentage-of-completion accounting method for some projects. The effect on earnings hasn’t been determined, according to the Tokyo-based company’s statement. Continue reading

Victims of Financial Wrongdoing Need a More Muscular S.E.C.; The regulator lacks the power to extract fines equal to the losses of harmed investors, often making class-action suits their best recourse

http://www.nytimes.com/2015/04/05/business/victims-of-financial-wrongdoing-need-a-more-muscular-sec.html?_r=0

Victims of Financial Wrongdoing Need a More Muscular S.E.C.

APRIL 4, 2015

By GRETCHEN MORGENSON

Given the many billions of dollars financial companies have paid in regulatory and legal settlements related to the mortgage crisis, how much money has actually found its way into the pockets of investors harmed by their actions? Continue reading

Black Eats Black: Quah Su-Ling, the chief executive of public-listed Ipco involved in Asiasons-Blumont-LionGold-Ipco penny scam, lost her $50 million law suit against Goldman Sachs in London for alleged breach of contract – and was ordered to pay $15.5 million to the investment bank instead

http://business.asiaone.com/print/news/spore-investor-loses-suit-against-goldman-sachs-must-pay-155m

Related Post: Accounting Fraud and Pump-and-Dump Schemes: Penny Stock Pawnbroker Had a Clever Trick to Get Paid

S’pore investor loses suit against Goldman Sachs, must pay $15.5m

Saturday, Apr 04, 2015

K C Vijayan

The Straits Times

A Singaporean investor lost her $50 million law suit against Goldman Sachs in London for alleged breach of contract – and was ordered to pay $15.5 million to the investment bank instead. Ms Quah Su-Ling, the chief executive of public-listed Ipco International, sued Goldman Sachs International for allegedly having “dumped” 65 million of her shares in the market in October 2013, causing a dramatic price fall. Goldman had held the shares in Asiasons, Blumont and LionGold together with other assets as collateral from Ms Quah for a loan facility from which she had drawn about $56 million. Continue reading

China’s Cloud Live Technology Sparks Corporate Default Worries; A restaurant chain that abruptly shifted into cloud computing and is under regulatory scrutiny could become the first Chinese company to fail to repay principal to local bond investor

http://www.wsj.com/articles/chinas-cloud-live-technology-sparks-corporate-default-worries-1428062690

China’s Cloud Live Technology Sparks Corporate Default Worries

Cloud computing firm says it is unable to repay $38.8 million in debt

Updated April 3, 2015 8:05 a.m. ET

BEIJING—A restaurant chain that abruptly shifted into cloud computing and is under regulatory scrutiny could become the first Chinese company to fail to repay principal to local bond investors.

Cloud Live Technology Group Co. said it is unable to pay back 240.6 million yuan ($38.8 million) in debt due Tuesday. In a Thursday filing with the stock exchange in the southern Chinese city of Shenzhen, Cloud Live said it had raised 161.4 million yuan to pay back about 400 million yuan in debt sold three years ago. Continue reading

SEC Warns Fenway Partners of Possible Action; Private-equity firm warned over disclosure of expenses, fees; The notice comes amid widespread examinations of private-equity firms by the SEC

http://www.wsj.com/articles/sec-warns-fenway-partners-of-possible-action-1428073087

SEC Warns Fenway Partners of Possible Action; Private-equity firm warned over disclosure of expenses, fees

RYAN DEZEMBER

Updated April 3, 2015 1:48 p.m. ET

Fenway Partners LLC has been warned that U.S. securities regulators may take action against the New York private-equity firm over its disclosure of expenses, fees and other financial information, according to people familiar with the matter. Continue reading

TPG Capital has been sued by its former head of public affairs, who accused the private equity giant of ignoring his warnings that the firm may have violated securities regulations and defrauded investors out of millions of dollars as a result

http://www.scmp.com/print/business/companies/article/1755575/ex-official-said-tpg-partner-might-smack-his-head-wall-lawsuit

Ex-official said TPG partner might ‘smack’ his head into wall, lawsuit alleges

Friday, 03 April, 2015, 9:48pm

Reuters in New York

TPG Capital has been sued by its former head of public affairs, who accused the private equity giant of ignoring his warnings that the firm may have violated securities regulations and defrauded investors out of millions of dollars as a result. Continue reading

Qinfa (866 HK): Belated Audit Qualification on Accounting Tunneling Fraud (Auditor KPMG)

Related posts: (1) China Taifeng Beddings (873 HK): Typical Misleading “Value Stock” with “Low” PE and P/B Ratios – Delay in Publication of 2014 Annual Results Due to Audit Failure in Ascertaining Fair Value of Financial Guarantee Contracts on Borrowings of Subsidiary and Impairment of the Recoverable Amounts of the Group’s Assets (2) Open Letter to SGX/MAS: Reply to CFO of SGX-Listed China Environment (CENV SP) on report “Potential Accounting Tunneling Fraud at China Environment?” – Address the accounting and governance concerns in an SGX/MAS announcement

Loss attributable to equity shareholders of the Company for the year increased to RMB1,183.4 million in 2014, as compared with RMB247.8 million in 2013. The loss included the one-off and predominately non-cash loss arising from the loss on disposal of a subsidiary, reduction of deferred tax assets and impairment losses on interest in an associate, property, plant and equipment and prepayments and other receivables in the total amount of RMB372.7 million.

EXTRACT OF INDEPENDENT AUDITOR’S REPORT

The independent auditor of the Company will issue a disclaimer of opinion on the consolidated financial statements of the Group. The below section set out an extract of independent auditor’s report regarding the consolidated financial statements of the Group for the year ended 31 December 2014:

Basis for disclaimer of opinion

Limitation of scope in respect of certain consolidated statement of financial position items in prior year

The consolidated financial statements of the Group for the year ended 31 December 2013 were audited by another auditor whose report dated 31 March 2014 expressed a disclaimer of opinion in respect of the matters as described below. The predecessor auditor was unable to obtain sufficient audit evidence to ascertain the following matters: (a) the actual originating source or the payees and the nature of the bank receipts of RMB471,567,000 into the Group’s bank account during the year ended 31 December 2013 in relation to settlement of trade receivable balances due from several customers of Shanxi HunYuan Ruifeng Coal Co., Ltd. (“Ruifeng”) and the accuracy and recoverability of the outstanding trade receivable balances of RMB264,029,000 due from these customers as at 31 December 2013; (b) validity of the leasing income of RMB137,500,000 from certain tenants of Ruifeng for the year ended 31 December 2013 and the related outstanding trade receivable balance of RMB68,750,000 as at 31 December 2013; (c) the actual originating source or the payees or the nature of the bank receipts of RMB132,270,000 and RMB463,819,000 during the year ended 31 December 2013 and the period from 1 January 2014 to 31 March 2014 respectively in relation to settlement of trade receivable balances due from several customers of the Group and the accuracy and recoverability of the outstanding trade receivable balances of RMB752,933,000 due from these customers as at 31 December 2013 (the “Trade Receivables”); (d) the recoverability of an outstanding balance of RMB622,327,000 due from non-controlling shareholders (the “Amount Due from NCI”) as at 31 December 2013; and (e) the nature and recoverability of prepayments of RMB161,460,000 as at 31 December 2013 which was purported to be prepayments to certain suppliers for purchase of goods (the “Prepayments”).

In relation to above matters (a) and (b), as described in Note 32 to the consolidated financial statements, the Company disposed of its entire equity interest in Ruifeng on 29 December 2014 and recognised a loss of RMB162,585,000 (the “Loss of Ruifeng Disposal”). In relation to above matter (c), the Trade Receivable were settled during the year ended 31 December 2014. In relation to above matter (d), during the year and subsequent to the year ended 31 December 2014, non-controlling shareholders have made settlements amounting to RMB285,226,000. In relation to above matter (e), the Prepayments of RMB135,171,000 were utilised during the year ended 31 December 2014. A provision for impairment of the remaining Prepayments of RMB26,289,000 was made during the year (the “Loss of Prepayments”). Because of the unavailability of reliable financial information, we were unable to obtain sufficient appropriate audit evidence and were unable to carry out alternative audit procedures to satisfy ourselves about the balances as of 31 December 2013 mentioned in matter (a) to (e) above. Any adjustments to these balances as of 31 December 2013 would have a consequential effect on the Loss of Ruifeng Disposal, Loss of Prepayments, if any, for the years ended 31 December 2014, and the related elements making up the consolidated statement of changes in equity, the consolidated statement of cash flows and the related disclosures in the financial statements.

Disclaimer of opinion

Because of the significance of the matters described in the basis for disclaimer of opinion paragraphs, we have not been able to obtain sufficient appropriate audit evidence to provide a basis for an audit opinion. Accordingly, we do not express an opinion as to whether the consolidated financial statements give a true and fair view of the state of affairs of the Company and of the Group as at 31 December 2014 and of the Group’s loss and cash flows for the year then ended in accordance with International Financial Reporting Standards and as to whether the consolidated financial statements have been properly prepared in accordance with the disclosure requirements of the Hong Kong Companies Ordinance.

Emphasis of matter

Without qualifying our opinion, we draw attention to Note 1(c) to the consolidated financial statements which indicates that the Group incurred a consolidated net loss of RMB1,292,313,000 during the year ended 31 December 2014 and, as of that date, the Group had net current liabilities of RMB5,278,281,000. These conditions, along with other matters as set forth in Note 1(c) to the consolidated financial statements, indicate the existence of a material uncertainty that may cast significant doubt about the Group’s ability to continue as a going concern.

Other matter

The consolidated financial statements of the Group for the year ended 31 December 2013 were audited by another auditor who expressed a disclaimer of opinion as described above, on those statements on 31 March 2014.

A unit of Macquarie will pay $15 million to resolve accounting fraud charges by the SEC that it underwrote a public offering for China’s Puda Coal; The case is the SEC’s first against an underwriter in its long-running crackdown on alleged accounting fraud by Chinese companies, many of whom entered the U.S. capital markets through backdoor mergers

http://www.wsj.com/articles/macquarie-to-pay-15-million-to-settle-sec-charges-tied-to-puda-coal-offering-1427467456

Macquarie to Pay $15 Million in Puda Coal Case 

By Aruna Viswanatha

28 March 2015

Dow Jones Institutional News

WASHINGTON–A unit of Macquarie Group Ltd. will pay $15 million to resolve charges by the Securities and Exchange Commission that it underwrote a public offering for a China-based company even though it had information that contradicted statements in the offering materials.

The case is the SEC’s first against an underwriter in its long-running crackdown on alleged accounting fraud by Chinese companies, many of whom entered the U.S. capital markets through backdoor mergers. Continue reading

China Ting (3398 HK) – Net Loss due to Entrusted loans turned sour + Reclassification of equity investment in property asset from investment in associate to available-for-sale financial asset at fair value

26 March 15

(3398) China Ting: China Ting Group Holdings confirmed that its loss before the tax for the year ended 31 December 2014 will increase from previously  estimated HK$193 m to HK$246.9 m due to the following additional factors: (1) An impairment amount of HK$83.5 m is charged on the re-classification of its investment in Zhejiang Haoran Property Company; (2) A pro vision for bad and doubtful debt for HK$17.7 m regarding two entrusted loans of RMB160 m; (3) Increase in the estimated amount of operating profit for the last two months of 2014

20 January 15

CBRC issued draft rules restricting entrusted loans in a bid to curb excessive margin finance. The draft rules said banks shall not bear credit risks if the loan defaults, and lenders shall not issue entrusted loans if the fund is raised for specific uses by the authorities or raised from bank lending. Banks shall not issue entrusted loans using funds raised through debts, raised from other companies or individuals, or other sources that cannot be identified. Entrusted loans is a form of inter-company loan where bank intermediates one company’s lending to another company’s borrowing and collect a fee in the process. Entrusted loans have been used as a margin trading channel that may bring risks to banks as in the past when there was default in lending, it was usually the banks that bore the risks, said market insiders. The draft rules are open to public comment until 16 Feb for sugg estions on amendments

Glitch in Rongsheng Rescue Sheds Light on Shady Investor; Capital market veteran Wang Ping had sights set on struggling shipbuilder, but has been detained on fraud charges in investment funds

http://english.caixin.com/2015-04-03/100797361.html

04.03.2015 12:26

Glitch in Rongsheng Rescue Sheds Light on Shady Investor; Capital market veteran Wang Ping had sights set on struggling shipbuilder, but has been detained on fraud charges

By staff reporter Yu Ning and Hong Kong correspondent Wang Duan

(Beijing) – The detention by police of a capital market veteran has interrupted the restructuring plans of China’s largest private shipbuilder and shed light on the tricks used by an investor who seems to have always profited from distressed companies. In early March, debt-ridden shipbuilder Rongsheng Heavy Industries Group Holdings cancelled a planned 3 billion yuan warrant issuance to the private equity firm Kingwin Victory Investment Ltd. Continue reading