HOT UPDATE: Olympus admits mistakes. Woodford prepared to return?
Olympus Japan itself released an extraordinary statement issued Tuesday (Click here to download the japanese pdf) saying that “the panel found that the money for mergers had in fact been used to mask heavy losses on investments racked up since about 1990.”
And the New York Times (Click here) really gives us a terrible news: “That revelation alone could make this one of the biggest accounting fraud cases in corporate history. It is also a spectacular turn of events amid a boardroom battle that has pitted Olympus’s former British chief executive turned whistle-blower, Michael C. Woodford, against an otherwise all-Japanese company board.”.
The first consequences of that news is that Hisashi Mori (executive vice president) had been fired and Hideo Yamada offered his resignation. According to Bloomberg the company may take legal action against the three (including ex Ceo Kikukawa).
And the second-biggest overseas investor “Harris” says that “Woodford should return to run the company and conduct the house cleaning“.

Alexander
7 months ago |how sad !
Pixnat
7 months ago |On the contrary, it’s an opportunity!
They can clean their company and go on with a new vision.
Let’s see what the future will bring us
Ragnarok
7 months ago |An opportunity? Of course! If I ever buy an Olympus product again… I won’t unpack it! May turn into a great collectible!
observer
7 months ago |+99999
LOL… assuming the dial covers don’t fall off the cameras the minute it is unpacked for viewing of it contents…
Pixnat
7 months ago |It’s a matter of vision.
You can always see a glass half-full or half-empty
Now, the over-evaluated Oly stock comes down to it’s real value, and there’s a big “in-house” cleaning. A good start to make healthy business again
Thom Hogan
7 months ago |Well, this is more like a glass 1/5th or 4/5ths full, exactly how much the stock has fallen overall ;~).
I think you overlook a few things. First, we have 20 years of coverup to account for. Fraudulent coverup that violates even Japan’s weak investor protection laws. The prior boards, which includes Takayama, the current and third CEO this month, are guilty of either complete lack of oversight, or complicity. Neither is good. Because the board is basically the upper management of Olympus, it means that jettisoning the board–which really needs to be done–means you’ve just removed all current management. That alone is a huge problem, as we’ll have a period of unclear decision making at best, or a period of giant changes in decision making if someone new takes over.
Meanwhile, you have this little problem: you’ve been lying to investors for 20 years. They are going to sue you. Given that you’ve admitted guilt already, they will likely win. The potential damages of that alone far surpass Olympus’ current value. Now we know, I think, why there wasn’t an acquisition attack on Olympus when the stock first fell: the investment community was either semi-aware of the overhanging liability, or guessed at it.
It’s entirely possible that Olympus will manage a clean start of some sort, but I think it unlikely at this point. It’s very, very dirty now. It will not be able to raise money, at least not at normal rates, for some time. It is vulnerable to competitors while today’s management dithers on decisions due to distractions.
And by the way, we still haven’t heard the last of this story. There’s more. Almost certainly. We haven’t heard about the cell phone company acquisition and many other odd things yet. We don’t yet know what the anti-social connection is, but it’s pretty clear that there is the strong hint of one (who would YOU hire if some big corporation wasn’t paying off its security losses?).
No, this is a very sad day. My bet is now that they’ll have to prepackage asset sales, promise the proceeds to investors, and close down.
Pixnat
7 months ago |Thanks for your insights Thom.
To read you, Olympus is done now. I hope you’re wrong, but you could be right….
Well, wait and see!
Thom Hogan
7 months ago |Olympus as we knew it is certainly done. What will remain when all the dust settles is unknown. I find it doubtful that the imaging division will disappear. In Japan, a group with its sales and profitability would never be allowed to let those jobs go away, despite corporate malfeasance. The only question is how do those jobs get saved? I don’t know the answer to that. It could be a different, leaner, reimagined Olympus, it could be a side sale to someone else, it could be a lot of things.
ckb
7 months ago |How long will it take to unwind 20 years of fraud? I would assume years. I would assume the banks are not going to wait anywhere near that long. Banks don’t run businesses so they will want to liquidate. I doubt the government can step in because Canon and Nikon and every endoscope maker will object. I guess the vultures will be done with the carcass by new years.
Mr. Takayama has already shown his leadership failure by still blaming Mr. Woodford and not taking any responsibility as a board member. Olympus is a rudderless ship on its way over a waterfall.
Thom Hogan
7 months ago |It might unwind faster than you think. Japan works differently than the US. Moreover, there’s a lot of bank room deals going on all the time. The banks will figure out where they want the assets to go or if they want Olympus to stay stand alone, then they’ll do the back room deals. This is where the kereitsu still have some influence.
YouDidntDidYou
7 months ago |this sounds like the truth but I still don’t think Woodford was right to go so public and should of stayed and changed Olympus from within…
“In an abrupt reversal, the company now says money it claimed to have spent on acquisitions – including its 2008 purchase of the UK medical equipment group Gyrus – was actually used to patch up its own balance sheet, after losses were made under now-retired executives in the 1990s.
“It has become clear that advisory fees and funds used to buy back preferred shares in the acquisition of Gyrus, as well as funds used in the purchase of three new domestic businesses … were used, among other things, to dispose of unrealised losses on securities, the reporting of which had been put off,” Olympus said.
Shuichi Takayama, its president, called the actions “highly inappropriate” and apologised for causing “trouble”. But he asserted the three directors who have been implicated in the affair – two of whom lost their executive positions on Tuesday – had acted with the company’s best interests at heart, having “inherited” the repair effort from unnamed predecessors.”
The money paid in “advisory fees” probably already came back to Olympus or is in Olympus’ control
Thom Hogan
7 months ago |@ YouDidntDidYou: You’ve believed the “it stayed within Olympus” line, hook and sinker.” It almost certainly DID NOT. We still don’t know a lot of things in this saga, but we do know this: US$1.3 billion LEFT Olympus’s accounts.
They probably got margin called on an investment. By whom, we don’t know. For what investment, we don’t know. How much was actually lost on the original investment we don’t know, either, however, the numbers are pretty staggering, so the loss must have been tangible. My sense is that things are going to get worse, not better, as we find out more detailed information, and that seems to be the assessment of the Japanese investment community, which is ditching Olympus stock as fast as they can find a buyer.
You don’t get margin called unless an investment is going south. Depending upon how you made the investment and how much you leveraged it, you can go very far south. Consider this: you sell options to buy X at US$100 next year. Next year comes around and X is worth US$50. You didn’t have X, so now you have to buy X at US$50 and sell it at US$100. That’s money that would LEAVE Olympus, if they had that kind of investment.
Do they have that kind of investment? Quite probably. One thing the Japanese companies do is hedge against currency shifts (they hedge against other things, too). At least on currency, the Japanese government sometimes comes in and tries to prop up the currency when things start to spiral, as they did when the quake hit earlier this year (they tried to maintain an artificial 80 yen/dollar; most Japanese companies were hedged in the 80′s somewhere).
But I doubt it’s a currency hedge that started this. It’s something else, probably real estate or stock related, as both tanked and never came back.
My point is that the money probably represents direct losses paid out against an investment. An investment, I should point out, that should be on Olympus’ books (and obviously at the wrong value at this point). It’s just a disastrous trickle problem: when they go back and restate everything, Olympus is going to look less profitable than they said, and we’ve all been questioning Olympus’ profits for some time as it is (why are they so low for absolutely dominating a market?).
Note that there are other factors we haven’t discussed yet that play a part in this. Woodford was one of the ones who at the time said Olympus OVERPAID for Gyrus. Not the advisory fees, but the acquisition itself. We now know that Olympus was incentivised to pull the trigger on the Gyrus deal because it would allow them to hide a previous loss in the advisor fees. If they didn’t do a deal, they couldn’t hide US$600m in those fees. So they overpaid. Great, now we have to restate goodwill and other things on the books, too. Since we now know of at least six such acquisition transactions (I suspect there are more), we’ve got a lot of restating to do.
The Japanese investment analyst I’ve been talking to says something like this: it’s probable that the losses from all this acquisition/fee nonsense are going to EXCEED the profit Olympus reported in the 20-year period. Right, and no money has left Olympus, my foot.
Mar
7 months ago |GOODBYE, Olympus! In steps PANNY!
Panny should just buy Oly and Oly should just be done with it all.
ijack
7 months ago |well, at least the money is not gone elsewhere, it’s to cover up previous losses
nicwalmsley
7 months ago |ijack, do you really believe that? Maybe you should try and think a bit harder about it? Maybe there is real corruption and they are trying to hide it?
nicwalmsley
7 months ago |hmm, seems a few of you believe it. why believe a company like that?
sure hope the imaging division survives!
Mar
7 months ago |You’re right, nicwalmsley, it sounds like there’s a bit more to it than we’re seeing right now.
Thom Hogan
7 months ago |It no longer matters where the money went (though that is likely to turn up some additional nasty bits). It matters that you may have now been accused of the longest-lasting and biggest corporate fraud in the developed world. You cost stockholders more than your company is worth, and they won’t take that sitting down.
Mar
7 months ago |How did they keep it hidden for so long? Isn’t that sort of thing almost impossible? (though now that we’re learning of it, it is amazing). It’s just crazy that nobody knew how the money in Oly was being cycled? I can’t believe it. Somebody must have been printing money on the side and bungling it all through. LOL
Thom Hogan
7 months ago |Well, as best as I can see, it was like a Ponzi scheme of questionable transactions that kept getting larger. Some of you may remember when I took them to task for buying a cell phone store many years ago. At this point, I think it’s safe to guess that was part of the coverup, too.
To put it into the nastiest possible interpretation: they got caught without the cash in a margin call on an investment and went to the mob or some bad guys for some off the record loans. They were able to pay some of the principal they borrowed every now and then, but the vigerish kept going up and they had to execute larger and larger deals to keep the whole thing quiet. Eventually, the whole snowballing scheme collapses, which it now has.
It works for the bad guys, too: they have some guy who’s into them for some money but can’t pay it, so they take control of his business. They “sell” the business for more than it’s worth to Olympus, which gets them their money from the first guy AND Olympus. The bad guy is happy. At least up to the point where the whole scheme gets revealed.
Now, that’s all wild conjecture at this point, but you wanted to know how something like this could work for so long: there you go.
Dummy00001
7 months ago |> [...] you may have now been accused of the longest-lasting and biggest corporate fraud in the developed world.
Oh. Bravo, Thom.
You have just found a positive side in the story: Oly gets into the Guinness World Records!!
Thom Hogan
7 months ago |Can’t take credit. The LA Times and NY Times both beat me to that observation.
Miroslav
7 months ago |More in: http://www.reuters.com/article/2011/11/08/us-olympus-idUSTRE7A702X20111108 .
Dummy00001
7 months ago |> “There is a serious danger that Olympus shares will be delisted. The future of the company is extremely dark.”
Definitely not good.
From http://www.investopedia.com/articles/02/032002.asp#axzz1d6yrUTxu
Delisting doesn’t necessarily mean that a company is going to go bankrupt. Just as there are plenty of private companies that survive without the stock market, it is possible for a company to be delisted and still be profitable. However, delisting can make it more difficult for a company to raise money, and in this respect, it sometimes is a first step towards bankruptcy. For example, delisting may trigger a company’s creditors to call in loans, or its credit rating might be further downgraded, increasing its interest expenses and potentially even pushing it into the red.
Thom Hogan
7 months ago |Yep, you got it. If they’re delisted, at least some of their debt will be called, maybe all of it. That’s 5 times the size of their equity. A call on debt would kill them.
Atle
7 months ago |I am no economist, but I don’t understand why stock prices drop because of this news, can someone enlighten me? As i understand it, the case now is that Olympus have hidden loses 20 years ago, in the belief that the market would rise again, so the losses would be recuperated. That didn’t happen, so they use a lot of means to write off the losses later. How is this worse than the alternative? Isn’t using shady accounting to fix up losses they got 20 years ago at least better than shady deals to sap company from the money today? I’m not saying its good for the company, but to mee it seems less worse than the alternative? So why is the stock down?
ihateidiots
7 months ago |Because it means the actual value of the company is less than purported and the stock could well be worthless and to manage your risk, you sell off some of the stock.
Atle
7 months ago |As far as i understood, the write-offs are basically over? That although the company was worth less than thought twenty years ago, not it has pretty much equalized due to this kind of write-offs over 20 years?
Thom Hogan
7 months ago |No, the writeoffs and costs are most certainly NOT over. And we don’t yet know the exact amount that Olympus is trying to hide.
Basically, Olympus’ financial statements for the last 20 years–20 years!–are now suspect. It’s impossible to tell how profitable the company has or hasn’t been at this point. Given that it’s debt is five times its equity, that would tend to signal that maybe it wasn’t as profitable as Olympus published in their financials. They’ve been juggling this security loss like a ponzi scheme of loans hidden by acquisitions, apparently. The problem is, like a ponzi scheme, until someone comes in and does a full accounting of what’s really left, you just don’t know.
Atle
7 months ago |So the problem is that the market does not trust Olympus’ financial statements. Or to be more precise, that this kind of fraud makes their financial statements less belivable than the type of fraud it was believed to be until this news came up?
Thom Hogan
7 months ago |That’s part of it. The other part is that Olympus has a huge set of overhanging loans. It’s highly likely that they are in violation of tenets in those loans. If the stock gets delisted, they almost certainly are.
There’s still too many unknowns. We don’t know the actual size of the original losses or what caused them (could be currency hedging that went bad, for instance). We don’t know who was involved. We don’t know what the books look like without all this fraudulent activity (and I’ll repeat: Gyrus and three Japanese company acquisitions are not the end of it: there were almost certainly more, including one acquisition I questioned well before these). We don’t know if loans will be called. We don’t know who will manage the company (cleanly).
Here’s the thing: we know that Olympus is probably STILL lying (or at least obscuring). One of the things they tried to say at the press conference was that this was just internal shenanigans. However, some of those payments went to parties unknown through the Cayman Islands, by Takayama’s own admission. That suggests that it wasn’t all internal.
Clearly, there’s no way to currently put a “correct” value on Olympus, and the investment community has panicked over that. The value could be even lower than the current stock price (as in “bankrupt”). As a stockholder, you’re now flying without instruments into unknown weather.
Britjib
7 months ago |Simple! The TSE is probably going to delist Olympus. Naturally, Everyone wants out. Fraud is fraud…..
George
7 months ago |The stock is down because this is a public company that has been implicated in major fraud. The fear is that this is just the beginning, what more will investigators find? I would not put my money in a company I do not trust.
Atle
7 months ago |They where already implicated in a major fraud, it seems to me its better that the fraud is about money lost to decades ago than the alternative, which is that the fraud is sucking money from the firm today?
ihateidiots
7 months ago |How do you even know if the fraud has been revealed in its fullest extent?
Atle
7 months ago |I don’t know that, but the stock fall is about this particular news isn’t it? There could (and probably is) more to the story, but so was it yesterday. The markets reaction seems to be to this particualr news item, as it has fallen so fast when the news arrived?
Thom Hogan
7 months ago |Yes, the stock fell to this particular piece of news. The actual news is this: “Yes, we’re guilty. No, we don’t know the full extent.”
Carl
7 months ago |Of course it’s “sucking money”. Paying people to launder your books, and investing in shell companies and then writing off the investments are a major drain on capital.
Scotch
7 months ago |Atle, you should go and buy Olympus Stocks
Raist
7 months ago |There have been transactions recently conducted that continue the fraud. Think about it- it’s been going on for 20 years.
George
7 months ago |You assume that it’s all over. You know what happens when you do that.
Thom Hogan
7 months ago |Again, the reason why the stock devalued is that you can no longer believe the corporate financial sheets. We don’t even know if the payments made by the company actually cover their full security losses at this point. You’ll remember that I was defending Woodford from the beginning on this: even though the acquisitions in question are a couple of years old, there are parts of them still reflected on today’s books. As CEO, he has to vouch for that data, and what he found led him to believe he couldn’t vouch for it, thus his attempt to remove the board that was covering up something. (We still don’t know the full extent of what was being covered up, but today we now know that Woodford was right, at least part of the board was covering something up.)
Let me put it a different way to you. Let me tell you that my business is worth US$100 and I’ll sell you a tenth of it for US$10. I present a bunch of paperwork that shows that my business is worth US$100, so you buy the tenth share. Then you discover that the paperwork was all a lie, and it may be that my business is worth a negative US$100. That means your tenth share is now worth negative US$10 (you’d owe someone else another US$10 if they came after you). Would you still believe that your share is worth US$10?
GMS
7 months ago |Thom, the last example you gave is quite misleading.
Olympus (like any other company) is a limited liability company, which briefly means that its owners (= shareholders) are not liable for any troubles of the company. This implies in particular that their share cannot be negative, as you write. It is zero in the worst case.
Thom Hogan
7 months ago |Yeah, it’s an exaggeration of what happens legally (however I should point out that just because you’re an LLC doesn’t mean the shareholders are completely off the hook–there are possibilities that would make you liable in some jurisdictions, for example, if you knew that something fishy was going on). But it seems that we need to exaggerate a bit to get people to understand what’s going on here. The last line is still relevant: would you still believe that your share is worth US$10?
GMS
7 months ago |You don’t have to convince me, Thom
I used to give lectures in basic Corporate Finance not so long ago.
And besides this example you were right, of course!
Zaph
7 months ago |“there are possibilities that would make you liable in some jurisdictions, for example, if you knew that something fishy was going on”
So if I bought shares now I could be liable in some jurisdictions?
Thom Hogan
7 months ago |If you know of illegal activity within the company, yes. It’s been a long time since I took that law class, so I don’t remember the details the case that brought that up.
flash
7 months ago |Atle.
Mostly because customers loose faith. Maybe not so much for small consumer items, but for large items that require maintenance and upgrades (such as very expensive medical equipment). That is why Olympus needs to get this behind them; they have weeks if that, not months.
This is why the “Independent” panel is so important. The government reviews will take months which is way to long, if it gets into the criminal maybe years.
There is also questions about the loans to the company being made using false accounting. This might be an issue, in Olympus case probably not as much due to who they owe their money to. They will not be able to raise any additional funds until this is fully resolved.
One note about Olympus “accounting” it has been stated in some articles that is was the practice in Japan to do it like that. This is not the case for I believe for about the last 5 years, and there was a responsibly to report the past practice.
Thom Hogan
7 months ago |One problem is that the “independent panel” isn’t independent. It’s hired by the company and reports to the company. The information it’s presented is being filtered through the company. At best, this is an “outside panel.”
flash
7 months ago |Tom,
I did put independent in quotes. When it comes to auditing independents is primary in the state of mind of the individuals conducting the review, it is something I have stressed to my employees in the auditing field.
It is once again the individuals that are the real determiner if it is independent. I am only familiar with one individual on the panel, so I will go on results. We have seen that the outside “independent” auditing firms did not discover and report these creative accounting practices. There is nothing new there, in our country I have seen the largest firms sometimes take the attitude our auditors let us do, so what is Japan is not to unique.
Thom Hogan
7 months ago |No, we’ve not seen what you suggest. We’ve seen that the former auditors did indeed raise issues, and were replaced. The current auditors apparently did not find this, which makes them suspect.
It’s possible that Takayama has been completely blindsided. That he wasn’t part of the coverup and that he had no knowledge of what happened. That also means he didn’t ask questions as a board member that he should have, but that’s another problem for another day. So Takayama gets some independent folk to look carefully at the situation and they report what we’ve now just heard. Note that Takayama was still evading answers to some questions. So either he doesn’t know them or doesn’t want to give them.
If I were put in the position of Olympus CEO I would have done exactly what Woodford did. Takayama only sort of seems to be doing that. He did not demand Kikukawa’s resignation, for example, despite naming him as one of those involved. This is why I point out that this is not “independent.” Everything is still being filtered through people–Takayama in this case–that are implicated in either lack of oversight or complicity.
That’s exactly why we have governmental regulation. A business will act in its own best interest of survival.
WT21
7 months ago |One thing drives stock price: demand. If no one wants it, the price falls as people look to sell it.
Two things drive stock demand:
1) earnings. When you buy a stock, you are buying earnings theoretically. If earnings are questioned, then what’s the price of the stock? What if they found this year’s earnings are also fraudulent? What if they find more off-the-books expenses and losses? Earning are unknown, so people are shedding the stock, and/or not willing to buy it.
2) FUD — fear uncertainty and doubt. The market is more emotional than many will admit, and the stock will find a bottom and bounce back up. But how far will it bounce? You are taking a risk in an unknown situation (where corruption is involved, you can’t know #1). Do you want to take that risk?
Any rate, that’s what drives it.
bilgy_no1
7 months ago |Correct: Earnings are the main driver for stock price. Or actually: Expected Future Earnings. Because it’s concerned with future earnings, you see stock price vary according to news about economic developments: an Italian default might trigger severe recession in Europe, which leads to less demand for products, and consequently less earnings by companies.
The $1.3b loss on the shady transactions should not have influenced the stock price.In the year where they occurred, they had a negative effect on earnings. But not in the following years.
Earnings are also (fortunately for those who believe in effectiveness of corporate strategy) influenced by firm-level factors: marketing power, innovation, strategy, capabilities, and leadership. Clearly, in the case of Olympus, it was the concerns about the company’s leadership that drove down expactations. A firm that is led by a board stained by corruption (and that reacts in a defensive mode by sacking the CEO) does not have the leadership required to take a company into the 21st century.
NOTE: if Kikuyama had been right and Woodford was wrong, you could still have severe doubts about the capabilities of the board in selecting and finding the right CEO for the firm.
BS Artiste
7 months ago |All assets/liabilities/contract relationships/legal relationships/property etc. (including stock price) are valued according to the present value of expected cash flows (including the opportunity cost of the next best forgone use of the asset/property/etc.).
Increased uncertainty in corporate accounting means predictions of future cash flows (to shareholders in the form of dividends and capital stock price appreciation) are discounted more due to the increased variance/uncertainty/volatility/risk in projecting and determining future cash flow expectations (i.e., expected value).
Stock prices react to changes in information (i.e., information previously unknown shareholders and financial markets) that change expectations of the level and riskiness of future cash flow predictions.
BS Artiste
7 months ago |correction: previously unknown TO shareholders and financial markets
Fafhrd
7 months ago |>>I am no economist, but I don’t understand why stock prices drop because of this news, can someone enlighten me?<<
Fewer buyers than sellers.
Sören
7 months ago |Olympus is very close to death after these news.
What a pitty, I love my Pen system.
George
7 months ago |I hope Olympus does the right thing. Bring back Woodford, clean house, eject non-competitive product lines and move on. The longer they hide this and drag this out the more they hurt themselves.
M
7 months ago |Woodford wants to kill the camera division. Pray that he doesn’t come back
Stupig
7 months ago |Olympus has done well exploring the potential of the mirrorless market. Time to move on and leave it to the big brothers.
Dummy00001
7 months ago |> Woodford wants to kill the camera division.
Probably sale, but not an axe. That would be plain stupid.
Judging by current management situation, I personally think that sale is a pretty good idea.
But they would have to sell the “Olympus” brand with it too – because the public perception of Olympus is the camera company – and I seriously doubt that the company is ready to part with the brand.
Thom Hogan
7 months ago |The problem now is that a sale would be a fire sale, much like Kodak’s patents. The sharks see blood in the water. They won’t overpay, they won’t pay what it’s worth, they’ll pay as little as they can.
MichaelKJ
7 months ago |Correct me if I’m wrong, but I think Oly’s creditors and investors would go to court to prevent Oly from selling any of its assets, as this would dilute what they could recover in a lawsuit.
Thom Hogan
7 months ago |In the US, that would be true. In Japan, it doesn’t quite work the same way. In Japan, the primary goal at this point won’t be to save Olympus, it will be to save the jobs at Olympus. Japan’s business and legal environment is loose enough that prearranged asset transfers can be done.
Shareholder lawsuits in Japan also don’t work the way they do in the US. When a shareholder brings suit, they do so against the individuals involved to pay back the money that was defrauded from the company. In other words, you don’t sue Olympus to pay back shareholders, you sue Kikukawa/Mori/et.al. to pay back Olympus.
Now, in these days of globalization, things are bit muddy for a company like Olympus, which has assets overseas that could be attacked by suit, but I’d still think there’d be a back room deal made to save the jobs at the expense of Olympus corporate.
MichaelKJ
7 months ago |Thanks for the information!
I came across an article on this issue that notes that there has been a tremendous increase in shareholder lawsuits in Japan since filing fees were reduced in 1993. However, shareholders have rarely won and the increase in lawsuits seems to be driven by lawyers.
http://homepages.vub.ac.be/~plegros/documents/classes/finance/Themes/Gouvernance/wwest-why%20shareholder%20sue%20in%20japan.pdf
Do you know how Japanese law would treat suits by creditors as opposed to shareholders?
Thom Hogan
7 months ago |As I note above, the banks are going to figure out how they want the assets played out and then arrange the back room deals that get it done, most likely.
BS Artiste
7 months ago |Interesting. I know how the shareholder derivative suits would work in the US. I was not aware of Japanese law. Board members could be personally liable in the US as well. However, director & officer insurance policies normally provide some protection for bad business decisions and conflicts of interest, but not outright fraud. Also, companies normally have deeper pockets and more assets than individual board members. Thus, shareholder derivative suits in the US normally go after corporate assets.
Thom Hogan
7 months ago |I’m told that since Japan dropped some of the regulations and filing fees, there are more US-style shareholder suits than before, but few win. Of course, here we have a pretty spectacular thing, complete with admission of guilt, so perhaps they might fare differently. There’s already one threat of suit in process in Japan, by the way.
Thing is, there’s no deep pockets here. Japanese executives aren’t paid that well so they’re not deep pockets (though they’re not poor, obviously). And Olympus’ pockets are less than empty.
George
7 months ago |If Olympus hasn’t been successful (profitable), nothing indicates that they’re going to head that direction.
They should sell the camera division to Panasonic.
I’d rather see the Olympus legacy live on in Panasonic than see it die a slow and painful death. But that’s just me.
Thom Hogan
7 months ago |There’s a bigger issue that people are missing: if you take the amounts that are being talked about, Olympus IN ITS ENTIRETY may not have been profitable for as long as this has been going on. We won’t know exactly until we know all the amounts and where they went to.
Al Green
7 months ago |Be careful what you wish for. Corporate accounting types in the eyes of investors may be forgiven for considering the entire imaging division non-competitive, relative to its much more successful medical divisions.
ihateidiots
7 months ago |I hate to break it to you but if the imaging division isn’t doing well, then something must be done. Keeping it as it is is a futile exercise.
flash
7 months ago |The last report quarter only the Olympus division was listed as making a profit. But, with their accounting standards one questions all of their financial statements.
Some institutional investors will dump their shares, it seems to have stated. Others groups will start to buy at bargain prices speculating that the assets are worth a lot more then the going price.
flash
7 months ago |Woodford is as guilty as most board members. Do not forget he was on the board long before he was president. It may be guilt by omission, but he had the same fiduciary responsibility as all board members to understand the accounting.
They need people from the outside of the company, not necessarily outside Japan.
Raist
7 months ago |No he is not, but the opposite. It is precisely because of that responsibility you mentioned that he hired an independent audit firm to conduct an audit on what he discovered to be shady accounting. He did the right thing.
flash
7 months ago |There was no full audit conducted by the firm he hired, their reported conclusions, potentaly fraudulent payments, were also appear wrong; they did not discover the newly reported “shady” accounting. It is very important to charge people with the actual crime they committed not one that is similar, that is one of the reasons many felons get away with it. Similarly in forensic auditing you must get it right, even if only going after civilly.
I am not saying that Olympus is right, but that all board members in the last 5-10 years are culpable, which includes Mr. Woodford. He and the rest of the board at the time had the same fiduciary responsibility. The CEO, CFO, and internal auditors of the time had more. As well as the outside auditors.
Raist3d
7 months ago |Woodford was not a board member back then. Sorry but he is not in this mess.
Fish
7 months ago |I think that enough of the details are out now that people can finally give up on blaming Woodford for this. Woodford did exactly what a responsible CEO should have done in a situation like this.
It makes you wonder exactly how many times a leader decides instead to take a payout or a promotion and just keep silent about the misdeeds. I don’t know about how he views the imaging division but the best thing for Olympus as a company would be to give this guy his job back.
digifan
7 months ago |Correct, I thought he’d be just another selfish sob, but got it totally wrong.
simonl
7 months ago |~Nods at digifan for sucking it up & admitting it~
Thom Hogan
7 months ago |You might want to look at when he joined the board ;~)
Scotch
7 months ago |I think it’s not as easy as it sounds
the problem is not only the board, but the whole company
carl
7 months ago |Shame. Sounds like the end his nigh for Olympus. I was looking forward to the PEN Pro. Wonder which firm will buy up their camera division.
Cristián
7 months ago |…Panasonic.
flash
7 months ago |If Olympus is done, I am afraid that the imaging division will not survive in any form. This is partly due to what the two previous presidents of Olympus did to it (ripping out the heart of it).
But Olympus could survive. The independent panel has proven to be just that independent and is finding the real issue. They are also committed to concluding their work sooner then previous announced, which is critical to saving the company. Their make up seems to work, there was no need for a “army of forensic accountants” as Woodford said. A flew good men and women is preferably in financial investigations then the mass approach IMHO.
Once again it shows why there needs to be good financial leadership in all companies. It is not just numbers, any executive who says just show me the bottom line should be fired IMHO.
Raist3d
7 months ago |We don’t know yet how
Independent the panel is. The information is wing filtered by the
Company. In fact the mere fact Olympus picked it is already a
Conflict of interest. We don’t know if we have seen the real total issue yet.
Exakta
7 months ago |I hope Cosina will be the one to take over Oly and keep the brand name alive.
Frederic Hew
7 months ago |I don’t have the figures but would suspect that Cosina is much smaller than Olympus Imaging, so this seems improbable.
With stocks having lost 70% of their value, Olympus has no reason to sell any of its business units right now. The challenge it is facing is avoiding a hostile take over. If they can survive the next months I think they are good to go and chances are this crisis will not have any negative long term consequences.
An acquisition of Olympus’ camera division would be very sad news to current 4:3 users, or those who expect the older 4:3 lenses to be somehow integrated into m43. The new ownership will not have any obligation whatsoever to sustain unprofitable product lines.
Hecti
7 months ago |But if they’re in trouble right now, cosnia or some other smaller imaging company could take perfect advantage of the poor state of olympus stock value.
Sure, it would be stupid for Olympus to sell out right now, but if they really dont want their imaging division then it might be an easier sell right now.
Does anyone have an estimate of the net-worth of the olympus imaging division?
Weiaperture
7 months ago |I think reinstate Woodford will be good and right choice because it seemed he already have strategies in mind what to do to re-build the company.
observer
7 months ago |Serious accounting fraud for decades… Company to be placed on a watchlist by the exchange for delisting… Investors bailing out of the company shares causing limit down in share price towards zero… Banks and creditors will not lend money to the company, may even demand debt payment immediately. Suppliers will not extend credit and will stop supplies until payment received, this will cause production disruptions…
And Humpty Dumbty sat thru it all saying: “The fundamentals of this company has not changed.”
LOL…
Time to say goodbye.
BS Artiste
7 months ago |Correct. Some creditors may call loans immediately. If I was a secured creditor, I would want an immediate independent audit to determine if any of the contract loan covenants were breached or are currently not being met. As an unsecured creditor, I’d probably want my loan paid back immediately or with a much higher interest rate.
awaler
7 months ago |Would you order a medical system from a company with an uncertain future?
I fear Olympus has a high likelihood of bankruptcy.
Divisions of Oly might be bought quite cheaply by competitors.
It would seem only natural for Panasonic to buy the camera part.
BS Artiste
7 months ago |It depends on whether the bankruptcy is a reorganization bankruptcy or a liquidation bankruptcy. A reorganization bankruptcy may be a good way to clean house and restart the company without all the baggage from any previous fraud. The bankruptcy court would handle resolving some of the claims resulting from the fraud while the company under new management just focuses on making good products and increasing shareholder value.
George
7 months ago |as i wrote 1000s of times
here i go once more
SELL ALL YOUR OLY GEAR BEFORE IT IS TOO LATE
SELL ALL YOUR OLY GEAR BEFORE IT IS TOO LATE
SELL ALL YOUR OLY GEAR BEFORE IT IS TOO LATE
Fan
7 months ago |Not necessary. The cameras and lenses will continue to work even if there is no more Olympus camera division. Lenses can be used with new Pana bodies for a long time.
GMS
7 months ago |No, on the contrary I’m thinking now of bying the beautiful 45mm lens “before it’s too late”.
John Griswell
7 months ago |I did that just today, $399 shipped.
Scotch
7 months ago |Actually I am thinking quite the opposite..
Oly gear will become collectible items!
on the other hand, since Oly’s JPEG engine is so good ( lol ), I can imagine many other companies interested to acquire Oly’s imaging division: Samsung/LG/Kyocera/Cosina?
ihateidiots
7 months ago |Cosina buying Olympus is tempting, but they aren’t exactly a large company and a shift to digital is going to be very risky (never mind their OEM business)
Zaph
7 months ago |If it goes up for sale, I think Samsung *might* be a good choice. They are doing great things, putting out good lenses, cameras, but lack decent JPEG processing, and IBIS.
Pete
7 months ago |BUT WHAT SHOULD I BUY?
Nikon 1? LOL
Pana GF1? Maybe
Mom, my gear is as good as yesterday, why sell?
I will buy the 1,8/45 this and a new body next year, if no Olympus I will buy a Panasonic.
Sometimes it is easy…
flash
7 months ago |Maybe, Fuji.
Dummy00001
7 months ago |> SELL ALL YOUR OLY GEAR BEFORE IT IS TOO LATE
YEAH!!! FLOOD EBAY WITH DIRT CHEAP E-5s!!!!
For around $400 I might even pick one.
Anonymous
7 months ago |Sell it to me! I’ll pay $400 right now for anyone’s EP3
Bu
7 months ago |If I had the $$$ I’d buy Olympus, clean up, then build cameras people really want
Hecti
7 months ago |I would too!!
I wonder how much its camera division is worth…
Sheman
7 months ago |One thing is certain: We are witnessing the end of Olympus.
Too bad, that leaves Panasonic as the last player in MFT.
Patric
7 months ago |That’s what home made experts said about ATI a couple of years ago. Now the former ATI is the most profitable part of AMD. Actually the only part of AMD that makes any money to talk about.
Henrik
7 months ago |Olympus never ceases to amazing me – in a negative way.
mahler
7 months ago |This so called “traditional” photo company is terrible. The current too narrow PEN-only product line even reflects that. Wrong FT stratgey, unclear roadmaps, not enough money spent for R&D, given us too many incarnations of all the same concepts, whereas m4/3 has much more potential than for one single body concept.
reverse stream swimmer
7 months ago |It’s quite obvious that both Panasonic and Olympus are currently running their camera R&D on very lean resources.
Olympus did a major effort in R&D to launch the E-1 and later the E-3 together with their HG & SHG lens lines, but since then they’ve been on severe cost restrictions.
Now it seems Panasonic has been using limited resources to launch the GX1 as well.
Is it the economic climate, the inflated japanse YEN, the increasing competition, causing all this reacction?
The MFT cameras and lenses aren’t cheap, and both Olympus and Panasonic have had their golden years of no competition. We can hope that they’ve invested and prepared for the tougher years to come.
reverse stream swimmer
7 months ago |Olympus has surprised us and done quite well this year (albeit their limited R&D resources) with respect to their New Product Introductions:
SZ-30MR
XZ-1
E-P3, E-PL3, E-PM1
Olympus M.Zuiko Digital ED 12mm F2.0
Olympus M.Zuiko Digital 45mm F1.8
Bob Bowné
7 months ago |I can only speak from personal experience. The Olympus 12mm f/2, MFT lens is the best lens that I own in my quiver of 9 lenses. Somebody over there in R&D had resources and is doing his/her job!
Thom Hogan
7 months ago |> It’s quite obvious that both Panasonic and Olympus are currently running their camera R&D on very lean resources.
No, it’s obvious that Panasonic and Olympus have clear management issues and are not executing a solid strategy completely or well.
Dummy00001
7 months ago |That comes in about one week after PM Yoshihiko Noda intervention. So it took them a week to pick the scapegoats.
http://www.ft.com/cms/s/0/f77522ac-02ca-11e1-899a-00144feabdc0.html#axzz1d6tCuhsl
But IMO the situation remains dire: after all, the rest of the board was supporting Kukikawa and just as guilty for, at the very least, not following their duty of questioning the deals.
That suggests that the rest of the board was either manipulated or has actively participated. Thus needs to be replaced too.
Bob Bowné
7 months ago |I knew that Woodford was telling the truth when I saw the original interviews. Bravo. What the whole world needs right now is more Woodfords. Honest people in high places that have integrity. Too bad he is the odd-man-out these days….I say at least let him be involved in rebuilding the company…He is the one responsible for cleaning out the corruption, the coverup and the dishonesty.
Think of all the Corps. out there right now that are doing this unchecked. I bet there is a large number of them…where mum is the word because of the power structure.
bilgy_no1
7 months ago |“Think of all the Corps. out there right now that are doing this unchecked. I bet there is a large number of them…where mum is the word because of the power structure.”
That’s why there are independent accountants, international accounting standards, and government regulations. According to the documentation, the Accountant firm did raise concerns at the time. Consequently, they were sacked and replaced by another firm. I keep wondering if they should have informed the authorities at the time. Maybe they did, but the authorities refused to act. This scandal could still go beyond Olympus.
Thom Hogan
7 months ago |> I keep wondering if they should have informed the authorities at the time.
If I’ve been reading the details correctly, they did in the UK, they did not in Japan.
MichaelKJ
7 months ago |I don’t know if KPMG’s UK branch notified the British authorities, but it did object more forcefully than was the case in Japan.
“KPMG’s UK arm, which audited the subsidiary accounts of Gyrus under tougher international accounting rules, raised a big red flag over both issues.
After their termination as Olympus auditor, KPMG in the UK wrote to Gyrus in Cardiff, Wales, that there were circumstances “connected with our ceasing to hold office that should be brought to the attention of the company’s members or creditors,” a document filed with the UK corporate registry shows.”
http://www.newsdaily.com/stories/tre7a32vr-us-olympus-auditor/
Pixnat
7 months ago |+1
Hats off to Mr. Woodford!
ljmac
7 months ago |Is it just me or has Woodford been in Japan so long that he looks more Japanese than British?
Bob Bowné
7 months ago |LOL!
Miroslav
7 months ago |I knew Olympus was in trouble the moment I saw what was happening in the rest of Greece
.
Will
7 months ago |LOL By Zeus you’ve got it.
Nathan
7 months ago |I wonder whether Olympus will survive this without Woodford. It’s clear that their board and executive staff is at very least completely unwilling to challenge or question the decisions made by others. It seems like the top staff is far to traditional to be honest.
In Japan, it’s socially detrimental to cause trouble to a much higher degree than it is in Europe or the USA. Noticing someone elses’ mistakes is considered extremely impolite and even impertinent. I hope that Olympus can see that cronyism is detrimental to their bottom line.
I have decent confidence in Woodford because he has demonstrated integrity and fiduciary responsibility. No other board members have demonstrated those characteristics to date.
Neicila
7 months ago |Sad
faceman
7 months ago |I don’t trust Woodford. He’s being praised like some hero, but I bet he’s just as shady as the rest. He saw the ship sinking and decided to go two face and betray the board to save his own arse. Sounds more like a sneaky bastard to me.
Dummy00001
7 months ago |> Sounds more like a sneaky bastard to me.
That is what business is all about.
> He saw the ship sinking [...]
Main question here: did he do good to the shareholders?
Answer is “yes”: it is better to burst a bubble sooner than later, while Oly still has some value, while the board hasn’t wasted whatever is left of it.
Otherwise, you should in general never trust a businessman. That’s why btw the concept of “contract” was invented.
Thom Hogan
7 months ago |You might want to actually look at some facts before judging people. He wasn’t at corporate when these deals happened, he was either in the UK office or the Europe office. He objected to the deal at the time. Shortly after he was promoted to corporate an article in an independent Japanese investigative paper raised the issue, which he immediately set about investigating. When he discovered even only a part of what we now know, he tried to get the complicit board removed and new management put in place. In essence, he’s the only player that has actually acted with any sense of fiduciary duty to shareholders, and he’s been consistent in that as far back as we can track it.
You can certainly choose not to “trust him,” but there’s just one problem: since the board is made up of most of upper management, there is no one else you could trust, either.
Raist
7 months ago |How exactly is reporting the irregularities betraying the board? That was his duty as new CEO. Moreover, he did raise/tried to raise the issue with them first and the board gave him the finger. Read the articles, know what happened.
Dummy00001
7 months ago |Yes. People who criticize the Woodford also somehow always forget that the board “gave him the finger” first.
Even leaving Woodford out of the picture for the moment, it begs to question why precisely the board has kicked out a CEO only after two weeks in the office. C*O reshuffles are often planned for months (sometimes more than a year ahead), so how it could be that after only two weeks in the office, suddenly, it is discovered that the exec is so unsuited for the job, that the board needed an urgent, behind closed doors meeting to kick him immediately out?
In that light, Woodford’s position is also quite clear: what company would want a top manager who was forcefully kicked out out of the previous office only after two weeks? Obviously he had to do something immediately to clear his name.
Paulus
7 months ago |Do you remember the statement of Olympus?
“… making the most of a Japanese style management that sets a high value on people, technology and pride of monozurkuri or manufacturing …” (October 14, 2011)
http://www.olympus-global.com/en/info/2011b/if111014corpe.html
That may be the end – The Olympus brand and MFT will hardly survive!
Give Michael C. Woodford a chance – his integrity and courage are one of the last assets Olympus has to offer to overcome this catastrophically crises!
This would also be a positive sign that one who fights for the truth and honesty will be the winner in the end of the day.
BS Artiste
7 months ago |I don’t know the Japanese bankruptcy laws, but the best bet to me would be to take the company through a reorganization under bankruptcy laws.
I doubt Oly has the resources to pay off shareholder derivative suits if the shareholders really have been defrauded for 20 years.
The only option is to use bankruptcy ordering of creditors to pay off wronged parties at some discounted amount according to security interest claims. Any loans that were held off the books and were from the mafia would be totally unsecured in the bankruptcy court, and the mafia should be behind all other legitimate shareholders and creditors.
A bankruptcy reorganization (as opposed to a liquidation) seems like the best way to return the operating business to a productive asset where the new (innocent) management can focus on making good products and creating shareholder value without the specter of a crushing shareholder derivative suit. The defrauded shareholders will have to pursue their rights in the bankruptcy court and personally against the former allegedly corrupt management and board. I doubt director & officer insurance will provide any relief as most of those policies do not pay off in the event of outright intentional fraud by the board.
Thom Hogan
7 months ago |I think it’s similar (but not the same as) the US. Olympus can file for bankruptcy, but in so doing, creditors can also file to liquidate. I would guess that would be the likely scenario if Olympus did file: the debt is so high its difficult to claim solvency. Coupled with the bank room deal making that goes on in Japan, insolvency coupled with a deal between banks would likely place the viable assets within carefully chosen new companies. Essentially a back door hostile acquisition.
Carl
7 months ago |Shares hit the limit-down for the second day running. Not a good time to be a shareholder, that’s for sure.
Dummy00001
7 months ago |And the second-biggest overseas investor “Harris” says that “Woodford should return to run the company and conduct the house cleaning“.
LOL. Returning to the company which finds itself in such dire situation is, I gather, a nightmare for any manager.
On positive side, if Woodford return, whatever he would do would be OK: it can’t get worse than it is now.
Disraeli
7 months ago |http://pr-usa.net/index.php?option=com_content&task=view&id=953788&Itemid=32