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Why is there not more anger over Phillip Green?

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Original post by L i b
No, he didn't. He could not take anything out of the pension fund, and it was controlled independently. That's simply false.

BHS hasn't paid any dividends since 2004. It last made a profit in 2008. When he took dividends, it was not suffering dire problems - which is a perfectly normal thing to do.



So it seems he's damned if he does, damned if he doesn't.



Except of course that there's very little suggestion he did well out of this. It would have benefited him to have a successful BHS - but it wasn't. Business ventures sometimes fail and BHS had its day long before he arrived on the scene. Similar stores like C&A, Debenhams and even M&S have all had their share of problems.


He took £400 million out of a company when there were huge debts. You seem to be failing to connect a huge pension deficit and Phillip Green taking 400 million in dividends.

Thousands of workers lost their pensions and jobs while he walked away with hundreds of millions.

And do you really think that he should be able to demand that an investigation into any wrote going is dropped by way of a bribe? The fact that he's only willing to pay back the money on the condition that all investigations are dropped raises serious questions. If he has nothing to hide, he has nothing to fear.


The benefit of doubt that some are willing to give the ultra wealthy is astonishing.
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Original post by woodchuck
i don't know how, and i'm no pensions expert, but it seems what he did was legal, if morally questionable.

as far as i'm concerned the government should not call off an inquiry in exchange for the £300m but fully investigate what went wrong, if there is any blameworthy behaviour and what can be done in future to prevent this sort of pension raiding happening.

as recently as 2008 the pension fund was in £3.4m of surplus. it was after this that the deficit started ballooning. the £400m of dividends paid to green were paid years before this.

the reality is that this is not as simple as 'green raided the pension fund' to pay himself huge dividends. people like to simplify things they do not understand but that cannot be done here. green has also failed dismally in his PR, in contrast to someone like mike ashley. this fuels further resentment towards him.


If he's done nothing illegal then why is he trying to pay us to drop all investigations? Someone who's willing to pay £300 million for an investigation to be dropped certainly seems like someone with something to hide.

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Original post by Bornblue
If he's done nothing illegal then why is he trying to pay us to drop all investigations? Someone who's willing to pay £300 million for an investigation to be dropped certainly seems like someone with something to hide.

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maybe because this episode is doing huge damage to his reputation and image. he wants an end to this ASAP, and is willing to pay money to achieve this.

he clearly sold the business to someone who had no business nous - a big mistake. not illegal though.

the pension business is effectively a separate entity and only started to accelerate its deficit from 2008 onwards. the huge dividends were paid years before this.

the business ultimately failed (in part) through a chronic lack of investment and the business being starved of cash, some of which went to green in the form of dividends. not illegal.

BTW, of course people who break the law must be punished in accordance with the law. its just that you must specifically point out which laws he has broken....
Original post by woodchuck
maybe because this episode is doing huge damage to his reputation and image. he wants an end to this ASAP, and is willing to pay money to achieve this.

he clearly sold the business to someone who had no business nous - a big mistake. not illegal though.

the pension business is effectively a separate entity and only started to accelerate its deficit from 2008 onwards. the huge dividends were paid years before this.

the business ultimately failed (in part) through a chronic lack of investment and the business being starved of cash, some of which went to green in the form of dividends. not illegal.

BTW, of course people who break the law must be punished in accordance with the law. its just that you must specifically point out which laws he has broken....

There are laws preventing taking dividends when the company has such huge debts. Especially with regards to the company's legal pension commitments.

Someone willing to pay to have criminal investigations dropped looks like someone with something to hide. Do you think it's acceptable that wealthy people should be able to bribe our government to drop criminal investigations? Imagine if someone who has committed benefit fraud tried to bribe our government not to investigate...

Even if isn't illegal it doesn't mean there shouldn't be outrage over someone who has behaved like this and cost thousands of workers a huge amount of money while he swans about in his new yacht.
He took £400 million out the business and watched it's pension deficit soar. He then sold the business to a serial bankrupter.

He took 400 Million while thousands of workers have lost their jobs and/ or pensions. Is that acceptable? Now he's trying to blackmail our government and you still give him the benefit of the doubt.

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(edited 7 years ago)
Reply 44
Original post by Bornblue
There are laws preventing taking dividends when the company has such huge debts. Especially with regards to the company's legal pension commitments.

The company was profitable when he took dividends. There has not been a single dividend payment since 2004. It was last returning a profit in 2008.


[Even if isn't illegal it doesn't mean there shouldn't be outrage over someone who has behaved like this and cost thousands of workers a huge amount of money while he swans about in his new yacht.
He took £400 million out the business and watched it's pension deficit soar.


I'm not sure what you think taking a dividend and a rising pension deficit have to do with one-another.

He took 400 Million while thousands of workers have lost their jobs and/ or pensions. Is that acceptable? Now he's trying to blackmail our government and you still give him the benefit of the doubt.


Well, he took £400m in dividend payments, which is really what a business owner generally does, 12 years before it went bust. It cost him £200m and has made cumulative losses quite a bit over £400m. If you think this has been a great earner for him, you're quite wrong.

I'd be more convinced of this "unacceptable face of capitalism" nonsense if its proponents didn't seem so ludicrously ill-informed.
Original post by L i b
How did he take money out of BHS at the point it was going "belly up"?



From the Guardian, 25 April 2016:

"Between 2002 and 2004, shareholders extracted just over £422m in dividends the vast majority of which went to Green’s family. A company controlled by Green also earned nearly £10m in interest from a £19.5m subordinated bond, a form of loan, issued to BHS in May 2000.

The Green family also collected £151.4m in rent from 12 stores owned by a Jersey-based entity it controlled called Carmen Properties. The stores were bought for £106m in 2001 and sold for £70m last year as part of the deal under which the business passed to Retail Acquisitions.

The billionaire has pointed out that the deal marked a near-£40m paper loss though this was more than offset by rental income, which property experts have said was at the top end of the market rate for such stores. Meanwhile, another entity under the Green family’s control, Mildenhall, collected nearly £3m from ground rent on one of BHS’s head offices over seven years.Even today, the family is understood to maintain ownership of BHS’s Marylebone headquarters, worth about £40m. If no buyer is found for the wounded retailer, the Greens could stand to benefit from the arrival of new, wealthier tenants in the sought-after central London location."
https://www.theguardian.com/business/2016/apr/25/bhs-philip-green-family-millions-administration-arcadia
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Original post by L i b
The company was profitable when he took dividends. There has not been a single dividend payment since 2004. It was last returning a profit in 2008.




I'm not sure what you think taking a dividend and a rising pension deficit have to do with one-another.



Well, he took £400m in dividend payments, which is really what a business owner generally does, 12 years before it went bust. It cost him £200m and has made cumulative losses quite a bit over £400m. If you think this has been a great earner for him, you're quite wrong.

I'd be more convinced of this "unacceptable face of capitalism" nonsense if its proponents didn't seem so ludicrously ill-informed.


He took £400 million from the company. There are laws against taking such huge dividends when a company has such debts to pay off.

After taking such a huge amount out the pension pot accrued a large deficit which he refused to fill. He then sold the company to a known serial bankrupter.

The end result is that while 11, 000 staff have lost their jobs and 22,000 had their pensions seriously affected, Phillip Green was using the £400 million he took from the business to pay for three yachts rather than reinvesting back into the business to plug the huge debts that the withdrawal of the money caused.

He's currently on a holiday yacht, his former workers have lost their jobs and pensions. Is that acceptable?

And to top it all off he is trying to blackmail our government into dropping criminal investigations.
Answer me this if nothing else and give me a straight answer please. If there is suspicion that someone has committed a criminal offence, should that person be allowed to bribe the government to drop the investigation?

I personally don't want to live in a country that allows individuals to buy criminal immunity. Do you?

The very fact he is trying to buy criminal immunity is a sign that he has something to hide.


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(edited 7 years ago)
Reply 47
Original post by Bornblue
He took £400 million out of a company when there were huge debts. You seem to be failing to connect a huge pension deficit and Phillip Green taking 400 million in dividends.

Well, it's not connected. The pension fund is run independently from the company. The "pot" involves employee contributions and agreed employer contributions. He did not take anything out of this.

You might argue he could have added additional contributions when the business was in profit, but the first time it dipped into deficit was 2005. As I've said before, there were no dividend payments after 2004.

And do you really think that he should be able to demand that an investigation into any wrote going is dropped by way of a bribe? The fact that he's only willing to pay back the money on the condition that all investigations are dropped raises serious questions. If he has nothing to hide, he has nothing to fear.


He has everything to fear from people misrepresenting things.

The benefit of doubt that some are willing to give the ultra wealthy is astonishing.


You're not establishing doubt, you're making completely false claims about him.
Original post by Fullofsurprises
It would be nice to see all of the major offshore tax dodgers brought back to Britain for a proper settling of accounts. For a start, no access to our markets unless you pay your taxes here. We could start with Richard Branson.


Ironically (as you were against it), Brexit makes what you want easier.
Reply 49
Original post by Bornblue
He took £400 million from the company. There are laws against taking such huge dividends when a company has such debts to pay off.

After taking such a huge amount out the pension pot accrued a large deficit which he refused to fill. He then sold the company to a known serial bankrupter.

The end result is that while 11, 000 staff have lost their jobs and 22,000 had their pensions seriously affected, Phillip Green was using the £400 million he took from the business to pay for three yachts rather than reinvesting back into the business to plug the huge debts that the withdrawal of the money caused.

The business was making a healthy profit when he took a dividend.

Answer me this if nothing else and give me a straight answer please. If there is suspicion that someone has committed a criminal offence, should that person be allowed to bribe the government to drop the investigation?


He is not under investigation for committing a criminal offence. He is under a compliance investigation by a regulator. And yes, it is quite common for businesses to come to settlements with regulators and other agencies.
Original post by Bornblue
99

He took £400 million from the company. There are laws against taking such huge dividends when a company has such debts to pay off.

After taking such a huge amount out the pension pot accrued a large deficit which he refused to fill. He then sold the company to a known serial bankrupter.

The end result is that while 11, 000 staff have lost their jobs and 22,000 had their pensions seriously affected, Phillip Green was using the £400 million he took from the business to pay for three yachts rather than reinvesting back into the business to plug the huge debts that the withdrawal of the money caused.

He's currently on a holiday yacht, his former workers have lost their jobs and pensions. Is that acceptable?

And to top it all off he is trying to blackmail our government into dropping criminal investigations.
Answer me this if nothing else and give me a straight answer please. If there is suspicion that someone has committed a criminal offence, should that person be allowed to bribe the government to drop the investigation?

I personally don't want to live in a country that allows individuals to buy criminal immunity. Do you?

The very fact he is trying to buy criminal immunity is a sign that he has something to hide.


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With these stated ethical viewpoints, I am surprised that you want Hillary to win.
Original post by Bornblue
There are laws preventing taking dividends when the company has such huge debts. Especially with regards to the company's legal pension commitments.

Someone willing to pay to have criminal investigations dropped looks like someone with something to hide. Do you think it's acceptable that wealthy people should be able to bribe our government to drop criminal investigations? Imagine if someone who has committed benefit fraud tried to bribe our government not to investigate...

Even if isn't illegal it doesn't mean there shouldn't be outrage over someone who has behaved like this and cost thousands of workers a huge amount of money while he swans about in his new yacht.
He took £400 million out the business and watched it's pension deficit soar. He then sold the business to a serial bankrupter.

He took 400 Million while thousands of workers have lost their jobs and/ or pensions. Is that acceptable? Now he's trying to blackmail our government and you still give him the benefit of the doubt.

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what was the debt situation when the debts were drawn? in facts and figures, not just conjecture.

he has failed dismally in his PR, as i stated. he comes across as a bitter, detached billionaire who has plundered the pension fund in most peoples eyes.

however, in order to jail him or fine him, you must go through the legal channels.

incidentally, i think what has happened with BHS is a disgrace. however, its like declaring a charged person a criminal before giving him a trial. you do not know for instance, that the £400m dividend was taken out years before the pension deficit ballooned. the pension was in surplus ( as recently as 2008) as stated before. the pension was also in the hands of independent trustees, not green.

i also think its a disgrace councils STILL offer final salary pension schemes, and that between a third and half of council tax goes on servicing staff pensions. that costs citizens far more than the £250m or so shortfall here.

why no outrage there? its a bit of a media circus at the moment. let the regulator investigate and see what the full picture is.
Original post by #ChaosKass
Good for him. It's his money, he can do whatever he wants with it.


Whilst I would usually advocate this position, in this case it is very dubious ground to be raiding a pension fund.

Asset stripping is absolutely fine but a pension fund is meant to be a legal entity separate from the company. I'm unsure on the specifics but I thought you weren't allowed to touch this money except for meeting your pension's obligations.
Original post by blue n white army
Whilst I would usually advocate this position, in this case it is very dubious ground to be raiding a pension fund.

Asset stripping is absolutely fine but a pension fund is meant to be a legal entity separate from the company. I'm unsure on the specifics but I thought you weren't allowed to touch this money except for meeting your pension's obligations.


The law allows companies to borrow money from their pension funds by agreement of the trustees. Sometimes these trustees are compliant because they were company appointees and sometimes they simply don't understand what is going on. There have been some terrible cases in the past where fat cat businessmen 'borrowed' (eg, stole) from the pension fund knowing that the company would soon go bust or was already insolvent. This appears to be one of those cases.
Original post by Fullofsurprises
The law allows companies to borrow money from their pension funds by agreement of the trustees. Sometimes these trustees are compliant because they were company appointees and sometimes they simply don't understand what is going on. There have been some terrible cases in the past where fat cat businessmen 'borrowed' (eg, stole) from the pension fund knowing that the company would soon go bust or was already insolvent. This appears to be one of those cases.


Ah ok that makes sense. Essentially he has found a loophole which goes against the spirity of the law then?
Original post by Bornblue
Phillip Green took over BHS with the intention of asset stripping the company. He raided around an estimated 400-600 million from the pension pot.

As a result 22,000 individuals have lost their pension, while Green used the money to buy yachts.

When he was being investigated by our Parliament he refused to comply unless certain MPs that he disliked such as Frank Field were taken off the committee.

Now he is 'offering' to pay back some money into the pension pot but has tried to bribe the government by claiming he will only give money back if the investigation on him is dropped.


His actions cost thousands of ordinary workers their pension which they had been accruing for years.

Yet where is the outrage?

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1) Your assertion that he intended to asset strip the firm is nothing more than speculation and not well supported by facts.

2) Your assertion that he raided the pension pot is false, actually having done that would be a criminal offense. What he did was pay himself dividends from gross profits while at the same time doing nothing to restructure the accruing pensions deficit. It's terrible management but directly, it's not taking from one pot and putting it into his hand.

3) The pension protection scheme of which BHS is part means that most still receive a pension, it's just reduced. The argument is that he should pay the full whack rather than said fund having to pay out (i believe its supported by the taxpayer, hence why parliament is pushing it).

I do agree with the rest. Parliament should take a strong hand to him.
Original post by Fullofsurprises
The law allows companies to borrow money from their pension funds by agreement of the trustees. Sometimes these trustees are compliant because they were company appointees and sometimes they simply don't understand what is going on. There have been some terrible cases in the past where fat cat businessmen 'borrowed' (eg, stole) from the pension fund knowing that the company would soon go bust or was already insolvent. This appears to be one of those cases.


He took the money between 02-04 when it was profitable and in surplus. The first deficit was in 05 and the first loss in 09.

He may have seen that he was losing to competitors but to suggest he then waited another 8 years to sell it while absorbing losses deliberately is ludicrous. If he thought the firm was about to dye, he'd have sold it.
Original post by Rakas21
He took the money between 02-04 when it was profitable and in surplus. The first deficit was in 05 and the first loss in 09.

He may have seen that he was losing to competitors but to suggest he then waited another 8 years to sell it while absorbing losses deliberately is ludicrous. If he thought the firm was about to dye, he'd have sold it.


As pointed out in the Select Committee when he was questioned, it's a bit naive to think that an expert business leader like him didn't already know that BHS was drifting into serious difficulties at that time. The writing was on the wall in the clothing retail sector long before the financial crash. He basically seems to have taken over BHS as a declining entity to use as a cash cow.

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