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Terry Murden's Business Blog: Legal challenge to Goodwin and co will be a hard nut to crack

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Published Date: 27 January 2009
THE near-collapse of the banks was bound to prompt calls for an inquiry but it is clear that some want to make an example of the bank bosses and force them to pay for their misdemeanours - quite literally.



Apart from demanding that Sir Fred Goodwin hands back his knighthood, there are some who believe he should also refund his bonuses. They forget that he was a casualty too who suffered a huge personal loss when the bank's shares slumped.

Goodwin is not the only target. Questions have been asked about how much Andy Hornby and Lord Stevenson at HBOS knew about the state of the bank's finances, particularly as the official line was that it was "well-capitalised".

Shareholders have every right to feel aggrieved at what has happened, but the fact that Goodwin was not alone will in itself make an action against him difficult to stand up. He can also point at the army of advisers, auditors and regulators who were happy to cheer him along, just as they backed the other banks in their merry-go-round of cash handouts. And that band of supporters included shareholders.

Of course, they will claim they were misled into believing the banks knew all along that the proverbial was about to hit the fan. Having spoken to some of the senior bankers in question I doubt it. They knew that trouble was coming, but none suspected that the banks would be close to complete collapse - just three hours according to some reports - and that the entire system would be in jeopardy.

Raising capital through a rights issue in order to pay off debt is, in any case, a normal procedure and there are no guarantees of success.

Investing in shares is, after all, a risky business. Looking at this from the point of view of the bankers, they could argue that the system of banking the world had come to know would survive on leverage because it had been seen to work.

However, the Achilles Heel in the bankers' case remains how much they knew about the build up of unsustainable debt levels and, for RBS, how much they trawled through the books at ABN Amro before putting pen to paper. That deal is fast looking like a deal for its own sake - to make RBS bigger for its own sake - and that somebody failed to notice that it was a poisoned chalice.

• Terry Murden is Business and City Editor of Scotland on Sunday

Read his other blogs here

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  • Last Updated: 27 January 2009 11:32 AM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Weblogs , Terry Murden
 
1

john birkett,

St Andrews 27/01/2009 13:31:27
Goodwin a casualty too?! Nonsense. Most of us whose pensions have been shredded (ok, not only due to him) will not accept that description of someone who walks off at only 51 with a gilt-edged pension for life of £12k per week!
2

Andy fae Edinburgh,

Edinburgh 27/01/2009 17:46:34
Terry you keep speculating thats your job and leave Goodwin to the SFO investigation although theres one thing for sure we can no longer allow this type of thing to happen for a 3rd time as the credit crunch is just a replay of 1929. ie the little man is left with nothing but the "brave" CEOs will just have to soldier on with the pain of failure.What is wrong with the captain going down with his ship instead off the poor
crew being left to drown as the first officer breaks out the brandy on the lifeboat or am I being too hard.
3

Graham Aitken,

Broxburn, West Lothian 27/01/2009 18:12:17
Key Questions :

a) Did Fred Goodwin and ALL of the RBS Board of Directors take up in FULL their rights under the Share Rights Issue of Last June (2008), ie 11 Shares for every 18 Shares held at the 'preferential' price of £2 Per Share?? My £14000 invested on this basis dropped to a value of £700 last week!!!

b) Is Fred Goodwin's Early Retirement Pension being Actuarially Discounted to take account of his several years early resirement from RBS before Normal Retirement Age of 60 - or is he the beneficiary of preferential treatment by receiving a FULLY UNDISCOUNTED Pension??

Maybe The Scotsman could ask these questions on behalf of their Readers??
4

Dr Mike,

Edinburgh 27/01/2009 20:52:41
Surely, it is human nature to think, surely this can't all be good, there must be some downside / risk to what I am doing? he clearly is reckless or ignored his own common sense.

Goodwin was ultimately accountable, that was his job. Bonuses paid were taken prematurely. He's had the good times, now he must be made to shoulder the full responsibility. Allowing him and others to walk away unpunished would be a travesty.

5

A Buddie,

Paisley 28/01/2009 10:59:55
Fred Goodwin was no genius. Anyone who took the time to check his academic records would establish he was never anything other than a mediocre student. How he monoevered himself into such a position is the question everyone should be asking. Right place, right time, personal arrogance, wool pulling, none of it really does explain how he came to be elevated to a position where he could to bring such an pillar of the establishment to its knees. As to all the the honours and accolades which were bestowed upon him it smacks of nothing but fawning sycophancy. Society really needs to undergo some close introspection on how those amongst us came to be bestowed with so much misplaced adulation. The whole episode of Fred's meteoric rise has been nothing but an unmitigated shambles and a stain on our society.

 

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