Former Satyam CEO Raju, his brother and CFO arrested and detained in profit-fraud scandal

Monday, January 12, 2009

B. Ramalinga Raju is the founder and former Chairman of Satyam Computer Services.

Byrraju Ramalinga Raju, founder and chairman of Satyam Computer Services, and his brother, B. Rama Raju, the company’s managing director, were arrested late Friday by Andhra Pradesh police. The brothers were placed under judicial custody in a Hyderabad, India jail and will remain there until January 23. Facing charges of criminal breach of trust (Section 406 of IPC), criminal conspiracy (Section 120-B), cheating (Section 420), falsification of records and forgery (Section 468), and fraudulent cancellation of securities (Section 477-a), they face up to ten years imprisonment if convicted.

After 18 hours of interrogation by the Crime Investigation Department (CID) at the state police headquarters, the Raju brothers were sent to the Chanchalguda prison and slept Saturday night on the floor along with 26 other low-risk inmates.

S. Bharat Kumar, the Rajus’s lawyer, asked the magistrate to issue orders for health monitoring. “His blood pressure is fluctuating and he needs medical treatment,” said Bharat Kumar. Mr. Raju appeared before the court Saturday while a team of doctors visited him after he had complained of chest pain.

Raju has Hepatitis-C, and both brothers have high blood pressure, so health precautions are necessary while imprisoned. Prison rules mandate service of jail food thrice a day. The menu includes 650 gm of rice thrice a day with 250 gm of vegetable curry and 125 gm of ‘daal’ plus tea twice a day.

Satyam’s chief financial officer Vadlamani Srinivas, who was also arrested Saturday, had undergone preliminary investigation and appeared Sunday before a special court, according to A. Sivanarayana, Andhra Pradesh additional director general of police. Srinivas was remanded to judicial custody until January 23 by Mr. D. Ramakrishna, Sixth Chief Metropolitan Magistrate, and sent to the Chanchalguda jail with the Raju brothers after interrogation by CID’s Crime Branch (the CB-CID). During his Saturday night arrest and probe by CB-CID, Srinivas made revelations which are contained in his confession letter as submitted to Network 18. “According to me fixed deposits are unreal and fictitious which were managed and was an understanding between the audit section management,” Srinivas stated.

The Hyderabad court on Monday postponed the bail hearings of the Raju brothers and Srinivas to January 16. To be defended by a battalion of 25 lawyers, the three accused will remain in Chanchalguda Central Jail until further court order. The Raju brothers were shifted Sunday to a mid-size Old Hospital Barrack cell shared with a bootlegger.

Satyam Development Center in Hyderabad, India.

In 2008, the company struggled to purchase two infrastructure companies founded by family members of company founder and CEO Dr. Raju – Maytas Infrastructure and Maytas Properties – for $1.6 billion, despite concerns raised by independent board directors. Dr. Raju tendered his resignation on January 7 after due notice of falsified accounts to board members and the SEBI.

Since January 7 when two lawsuits were commenced, dozens of other class action law suits were filed against Satyam for hundreds of millions of dollars damages based on fraud in the United States District Court for the Southern District of New York in Manhattan, among others. The securities fraud class-action lawsuits have been filed on behalf of investors who bought Satyam American Depositary Receipts (ADRs) since 2004.

On Wednesday Dr. Raju admitted to falsifying and overstating Satyam’s cash reserves by $1B US dollars (£661m) or 94% of its cash and bank balances on books at the end of September.

The fraud was perpetrated several years ago to bridge “a marginal gap” between actual and accounting books operating profits, and continued for several years. “It was like riding a tiger, not knowing how to get off without being eaten,” B. Raju said.

In a letter to the board, Dr. Raju said that neither he nor the managing director had benefited financially from the inflated revenues. Further claiming that none of the board members had any knowledge of the dire company situation, he noted that Satyam’s balance sheet as of the September 30, 2008, carried inflated figures for cash and bank balances of INR 5,040 crore (as against INR 5,361 crore reflected in the books). He alleged it also carried an accrued interest of INR 376 crore which was non-existent. He confessed that he himself prepared an understated liability of INR 1,230 crore on account of funds amid an overstated debtors’ position of INR 490 crore (as against INR 2,651 crore in the books).

Satyam Technology Center at Bahadurpally,Hyderabad

Indian analysts have compared the Satyam-Raju scandal to the infamous American Enron scandal. Immediately following the media expose, PricewaterhouseCoopers, auditor of Satyam’s accounts, was set to be probed for complicity in the controversy. Times Now has reported that the Andhra Pradesh CID arrested PricewaterhouseCoopers (PWC) representative Gopal Krishnan for investigation on Saturday night.

New York-listed Satyam Computer Services Ltd., India’s fourth-biggest software firm, is a consulting and information technology services company based in Hyderabad, India. Founded in 1987 by Dr. Byrraju Ramalinga Raju, Satyam’s network spans 67 countries on six continents. It employs 53,000 professionals in India, the United States, the United Kingdom, the United Arab Emirates, Canada, Hungary, Singapore, Malaysia, China, Japan, Egypt and Australia. Its monthly salary outflow is estimated at six billion rupees ($125 million). Deriving more than half of its revenues from the United States, it serves 700 global companies, 185 of which are Fortune 500 corporations.

Satyam’s clients include Nestle, Ford, General Electric Co., General Motors Corp., Nissan Motor Co., Applied Materials Inc., Caterpillar Inc., Cisco Systems Inc. and Sony Corp., and brought in about $40bn last year.

PricewaterhouseCoopers new Melbourne offices at Freshwater Place, Yarra River, Melbourne.

In December 2008, a failed acquisition attempt involving the company Maytas led to a plunge in Satyam’s share price. After Wednesday’s confession, Satyam stocks fell further by more than 70%, while the BSE SENSEX dropped to 7.3% Wednesday, causing the removal of Satyam Computer Services from its indices on Thursday. The shares free fell to 11.50 rupees on Friday, their lowest level since March 1998, compared with around last year’s high of 544 rupees.

The New York Stock Exchange has terminated trading in Satyam stock as of January 7, while the National Stock Exchange of India said it will remove Satyam from its S&P CNX Nifty 50-share index from January 12.

India’s biggest-ever corporate fraud has seriously tainted India Inc.‘s strong corporate governance image. “The admission of fraud in financial affairs has created an adverse impression in the minds of trade, business and industry across the world,” the Indian government admitted. The government intervened on Friday night, dismissing Satyam’s board of directors, announcing it will appoint representatives to manage the affairs of the insolvent outsourcing giant. The board would meet within seven days. Dr Yeduguri Samuel Rajasekhara Reddy, chief Minister of State of Andhra Pradesh, India, on Sunday said that the main agenda is to protect the jobs of the software professionals. “We are taking all needful steps in coordination with the government of India to ensure that the jobs of 53,000 engineers are protected and the shareholders’ money is salvaged,” Reddy said.

“We are working on the names. The Satyam case is an aberration. The credibility of the Indian corporate sector in general, and IT sector in particular, should not be allowed to suffer because of this.” Prem Chand Gupta, the Corporate Affairs Minister said. The Federal Government of India appointed a three-member independent board with full authority for Satyam on Sunday and was set to convene within 24 hours. “We have appointed Deepak Parekh, chairman of Housing Development Finance Corporation, Kiran Karnik, former president of IT industry body NASSCOM and C. Achutan, former member of Securities and Exchange Board (SEBI) of India,” Mr. Gupta said.

In early Monday trading (0535 GMT) after the creation of the three-member board, Satyam shares rocketed upwards 60% to 38.15 rupees, even though the main Mumbai market was down more than 2%. BBC reported that Satyam shares have jumped 51% to 36.05 rupees on Monday after the stock lost 87% last week. “The constitution of the new board is seen as a positive step by the market. It’s a confidence boosting measure,” K.K. Mital, Globe Capital, New Delhi head of portfolio management services said. “But the rally will depend largely on the financial situation at the company and the kind of measures that are taken to improve liquidity,” he added.

Thurgood Marshall United States District Court for the Southern District of New York Courthouse at 40 Centre Street.

The Company Law Board, however, has requested Satyam’s interim board not to implement its decisions. “We are asked by the Company Law Board not to implement the decisions of the board. But we are allowed to continue our activity. The team which was constituted recently is continuing its work,” Satyam head global marketing and communications, Mr. Hari Thalapalli, said.

Lazard Ltd., who has a 7.4% stake in Satyam, sought representation on the new board and wrote as much to The Indian Ministry of Corporate Affairs. “As the largest shareholder in the company, we want to be consulted in whatever decisions are being taken by the Indian government. We have written to the Ministry of Corporate Affairs and are awaiting a reply from them,” Hitesh Jain, a partner at ALMT Legal, who claimed to represent Lazard, said. “It is a fair proposal and we will take a decision as and when we clear other issues. No decision on this has been taken yet,” P.C. Gupta replied.

Meanwhile, the Securities and Exchange Board of India (SEBI) also announced it will try to control the damage and take steps to boost investor confidence. “This exercise will be undertaken after the third quarter results and is expected to be completed by end of February this year,” a SEBI official statement said. A SEBI team is also investigating acting-CEO Ram Mynampati whose salary was greater than that of founder Dr. Raju and all the directors combined. Dr. Raju had just one fifth of Mynampati’s total package of over Rs 3.5 crore as of March 2008. All the directors comparably received only a total of Rs 2.6 crore as salary, commissions, sitting fees, professional fees and other receivables.

Further, the Andhra Pradesh Police CID and teams assigned by the Economic Offences Wing of the CB-CID conducted searches Sunday of homes of the accused including the ex-CFO’s office to gather documentary evidence about the financial fraud.

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British music royalties suffer first ever decrease

Tuesday, March 29, 2011

In the United Kingdom, PRS for Music has announced that the total royalties that artists in the music industry receive has decreased by 1%. This is the first time that such a decline has ever occurred.

The company has reported that the total was £611.2 million (US$977.8 million, €693.9 million) in 2010, a decrease of overall annual revenue of 1%, or £7 million (US$11.2 million, €7.9 million), from 2009. PRS for Music has claimed that this fall was due to lower sales of Compact Discs and DVDs, as well as digital copyright infringement.

The collection society, which is a representation of seventy-five thousand writers, composers and publishers of music, gathers royalties from music being used in excess of twenty-five billion times annually by various means, including television / radio, commercial businesses, musical venues, Compact Discs and DVDs.

Robert Ashcroft is the Chief Executive Officer of PRS for Music and is responsible for being the representative of such British music artists as Adele, Jessie J and Florence Welch. Speaking about this news, Ashcroft said: “The loss of high street outlets, the slowdown in physical music sales as well as the challenges capturing the full value of music usage online has meant that for the first time we have seen royalties collected dip. Previously, any reduction from falling physical sales had been offset by our strong performance in music licensing both in the UK and internationally. In 2010 slower growth at home and abroad failed to fully mitigate the decline.”

In 2010, the sales of music physically and digitally grew by 7% to achieve 120 million units. Meanwhile, sales of compact discs fell by 12.4% to a total of 98.5 million. British global entertainment retail chain HMV has attempted to save money by closing down sixty of its shops in the UK. In 2010, royalties’ growth reduced in speed to 4.3%.

Simon Neil, of Scottish rock group Biffy Clyro, explained that “[t]he thing about PRS is for a lot of bands it’s the only way you make money. In our first six years of being in a band that was the only kind of income we had. It’s the bread and butter for bands. It’s almost your only guaranteed source of income.”

PRS for Music has stated that its payout to its members was decreased by £800,000 (US$1,3 million, €900,000), due to improved society efficiency and a reduction in costs related to administration. According to Newsbeat, the small royalty drop may trigger a larger decline, causing new musical composers and writers to avoid joining the music industry. The company believes that further action needs to be taken to prevent the lack of CD sales and compete with illegal downloads, including the development of legal download services.

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China overtakes Germany as world’s biggest exporter

Sunday, January 10, 2010

Chinese officials have said that their country’s exports surged last December to edge out Germany as the world’s biggest exporter.

The official Xinhua news agency reported today that figures from the General Administration for Customs showed that exports jumped 17.7% in December from a year earlier. Over the whole of 2009 total Chinese exports reached US$1.2 trillion, above Germany’s forecast $1.17 trillion.

Huang Guohua, a statistics official with the customs administration, said the December exports rebound was an important turning point for China’s export sector. He commented that the jump was an indication that exporters have emerged from their downslide.

“We can say that China’s export enterprises have completely emerged from their all-time low in exports,” he said.

However, although China overtook Germany in exports, China’s total foreign trade — both exports and imports — fell 13.9% last year.

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Queen’s Speech sets out Coalition government’s final year agenda

Friday, June 6, 2014File:Queen Elizabeth II delivering 2013 Queen’s Speech.jpg

Queen Elizabeth II, opening Parliament in a similar event last year.Image: VOA.(Image missing from Commons: image; log)

Queen Elizabeth II formally reopened Parliament on Wednesday and announced the legislative agenda of the UK government for the final year of the Coalition’s five year term. New measures introduced covered crime, the economy, energy and house building.

The next year of legislative changes would, the speech claimed, “deliver on [the government’s] long-term plan to build a stronger economy and a fairer society”. On economics, it promised the government would continue to lower taxes, produce an updated Charter for Budget Responsibility to “ensure that future governments spend taxpayers’ money responsibly”, and continue reduction of the deficit.

On employment law, the Queen’s Speech announced reduction in employment tribunal delays and plans to try and “improve the fairness of contracts for low paid workers” — a response to “zero-hours” contracts. The Institute of Directors support reforms to zero-hours contracts, specifically by removing “exclusivity” clauses. The speech also announced the introduction of a “collective pension” system similar to schemes in use in the Netherlands.

The government is also to increase penalties on companies that do not pay employees minimum wage, and reform National Insurance contributions by self-employed people. The government also plans to extend the ISA and Premium Bond savings schemes and abolish the 10% tax rate on savings. The speech also promised more house building, and also to introduce legislation to reduce the use of plastic bags.

The speech announced the government would seek to pass a new Serious Crime Bill “to tackle child neglect, disrupt serious organised crime and strengthen powers to seize the proceeds of crime”. Another bill will be introduced to deal with modern slavery and human trafficking and to support victims of these offences. The speech also said the government “will lead efforts to prevent sexual violence in conflict worldwide”.

The Serious Crime Bill would also include an increase in the sentence for those who bring about “cyberattacks which result in loss of life, serious illness or injury or serious damage to national security, or a significant risk thereof”. Under the Computer Misuse Act 1990, these are currently subject to a ten year prison sentence, but the punishment would now risk imprisonment for life. Punishment for cyberattacks that cause “a significant risk of severe economic or environmental damage or social disruption” would increase from the current ten year maximum tariff to fourteen years.

Jim Killock from the Open Rights Group said existing laws already allow effective prosecution of those engaging in cyberattacks.

The speech also announced legislation would be introduced “to provide that where a person acts heroically, responsibly or for the benefit of others, this will be taken into account by the courts”.

Constituents would be able to “recall” an MP who had been found guilty of misconduct under a proposed law that will be debated. The Conservative MP Zac Goldsmith described the current plans as “meaningless” and said voters had been “duped”. The Bill would force a by-election if 10% of voters signed a petition within eight weeks, but only if a Commons committee had decided the MP could be recalled. This latter requirement will make it “impossible to recall anyone” according to Goldsmith.

Business minister Michael Fallon defended the recall proposals: “we have to protect MPs from being recalled by people who just disagree with them[…] What you have to ensure is an MP can’t be hounded out just because people disagree with them back in their constituency.”

Deputy Prime Minister Nick Clegg said he agreed with Goldsmith the bill was not perfect, and he wanted “a radical California-style recall” system, but he had settled for a “modest” bill to satisfy “Conservative Party resistance”. Goldsmith claimed Clegg had been “the architect of the current Recall Bill”.

Tim Aker, head of policy for the UK Independence Party, said: “The decision to only offer recall voting on a signed-off-by-Parliament-basis reflects a political class that does not know, does not trust and certainly does not represent its people.”

Green MP Caroline Lucas spoke in opposition to the government’s fracking proposals. Image: The Health Hotel.

The speech included measures to make it easier for businesses to engage in hydraulic fracturing (“fracking”) of shale gas. The Institute of Directors said laws “must be updated if the UK is to enjoy the benefits of our shale potential”, specifically by scrapping laws on trespass to allow the gas extraction to occur. The British Chamber of Commerce also support such a reform: “While fracking may be unpalatable to some, it is absolutely essential, and business will support legislative measures to exploit Britain’s shale gas deposits”. Activists from Greenpeace fenced off Prime Minister David Cameron’s home in Oxfordshire with a sign reading “We apologise for any inconvenience while we frack under your home”, and delivered a £50 cheque — identified as the maximum compensation suggested for property owners.

Simon Clydedale from Greenpeace UK said of the fracking proposals: “The prime minister is about to auction off over half of Britain to the frackers, including national parks and areas of outstanding natural beauty like the Cotswolds. Fracking won’t deliver energy on a meaningful scale for years, if ever, by which time we’ll need to have moved away from dirty fossil fuels and towards high-tech clean power if we’re to head off dangerous climate change.”

Caroline Lucas, Green Party MP, spoke in opposition to the fracking proposals after the Queen’s Speech: “Not only does this bill defy public opinion, it denies people a voice. To allow fracking companies to drill under people’s homes and land without their permission is to ignore public interest in pursuit of the vested interests of a few.” A poll conducted by YouGov found 74% of respondents opposed the plans.

Following the Queen’s Speech, politicians from all parties debated the direction of the government in the year ahead.

Prime Minister David Cameron said that the Queen’s Speech showcased “a packed programme of a busy and radical government”, whose “long-term economic plan is working but there is much, much more to do”, and it would “take the rest of this Parliament and the next to finish the task of turning our country around”.

Labour leader Ed Miliband said: “We would have a Queen’s Speech with legislation which would make work pay, reform our banks, freeze energy bills and build homes again in Britain. A Queen’s Speech which signals a new direction for Britain, not one which offers more of the same.”

Cameron described Miliband as having a “rag bag, pick-and-mix selection of statist Seventies ideas [… a] revival of Michael Foot’s policies paid for by Len McCluskey’s money” — a reference to controversies surrounding the substantial funding Labour gets from trade union Unite.

Liberal Democrat president Tim Farron said of the Queen’s Speech: “I suspect the pensions proposals will be around for a generation or more and will be remembered. It’s about making sure they are fairer, cheaper, more secure, more reliable and potentially better for people.”

Plaid Cymru MP Elfyn Llwyd said: “This was an uninspired Queen’s Speech delivered by a government that has well and truly run out of steam.”

Angus Robertson, the leader of the Scottish National Party in Westminster, said the Queen’s Speech barely mentioned Scotland: “The absence of any mention at all of the Westminster parties’ plans for Scotland in the Queen’s Speech is extraordinary. […] In this – the year of the biggest opportunity in Scotland’s history – Scotland hardly even gets a nod at Westminster, and not a single mention of future plans for improving government in Scotland.”

The speech made brief mention of Scotland: “My government will continue to implement new financial powers for the Scottish Parliament and make the case for Scotland to remain a part of the United Kingdom.”

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French workers use threats in compensation demand

Friday, July 17, 2009Following similar threats by workers at New Fabris and Nortel, workers at JLG in Tonneins, France, threatened to blow up several platform cranes. The JLG factory announced in April 2009 that it will fire 53 of its 163 workers by the end of 2009, while the remaining 110 jobs will not be secure over the next 2 years.

JLG Tonneins was acquired in 2006 with its parent JLG Industries, a maker of aerial work platforms, by the U.S.-based Oshkosh Corporation. Despite being hugely profitable in the past, production has been much reduced since 2008 with the contraction of the construction industry and lower demand for its products. Despite excellent past results the new American management demanded sweeping cuts at the company.

In the view of locals, “the company’s actions are a disgrace given the expensive perks, such as official cars, for its corporate fat cats, compared to the sacrifice, silence, and dignity demanded by the company of those it has made redundant.”

The management offered severance pay of 3,000 (US $4,200), however the workers demanded a severance package commensurate with “the wealth that their labor has generated.” Worker’s delegates requested a “supra-legal” payment of € 30,000, on Thursday 16 of July the management responded with a counter offer of € 16,000. On Thursday night the worker’s actions secured the € 30,000 settlement initially demanded.

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British soldier killed in Afghanistan

Wednesday, July 5, 2006

Helmand is one of the thirty-four provinces of Afghanistan. It is in the south-west of the country. Its capital is Lashkargah. The Helmand River flows through the mainly desert region, proving irrigation. The population is 1,011,600 and the surface area is 23,058 square miles. The population is largely Pashtun. Helmand produces 20% of the world’s opium.

The Ministry of Defence has named a British soldier from the 3 Para Battle Group who died while on patrol in Afghanistan’s Helmand Province.

The soldier, 19 year-old Private Damien Raymond Jackson, of South Shields, Tyne and Wear, came under fire from Taliban forces in the town of Sangin. He died while being given treatment.

His father, Daniel Jackson said: “I wish everyone to know just how extremely proud I am of my son Damien – of all that he has achieved in his lifetime and of the fact that he died, when duty called, protecting others, in the service of his country.

“A fine, upstanding South Shields lad, Damien was immensely proud to have achieved his ultimate ambition in becoming a member of the finest regiment in the British Army.”

He also condemned the government’s policy in Afghanistan, saying that UK forces are in “dreadful danger”. “We fully support the British Army in Afghanistan whilst in no way supporting or condoning a government policy, which has placed our young men and women in such dreadful danger.”

Private Jackson’s death means six British soldiers have died in the unstable Helmand region in the last four weeks. Since 2001 when operations began in Afghanistan, thirteen British soldiers have lost their lives.

On Saturday, two British soldiers were killed after a rocket-propelled grenade struck the headquarters they were in.

Prime Minister Tony Blair said he would give more resources to British troops to assist them in their fight against the Taliban, but he said the British Army has not yet made such a request.

“If they need more, we will make sure that they get more,” he told the House of Commons during Prime Minister’s Questions on Wednesday.

Along with the Conservative Party leader David Cameron, Mr Blair also commended the efforts of British soldiers by praising their “extraordinary and heroic job”.

“They are fighting a battle that I think is important not just for the security of Afghanistan. It is important for the security of the wider world,” the Prime Minister said.

Approximately 4,000 British soldiers are stationed in Afghanistan, and almost 3,000 of them work in Helmand Province.

In general, they are in Afghanistan to help train the country’s troops, provide security, and assist with reconstruction. As 20% of the world’s opium is produced in Helmand Province, the main task for troops there is to control drugs lords.

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No single cause of autism, research review concludes

Tuesday, July 12, 2011

New born Image: Ernest F.

Many factors of a child’s birth and the condition of the newborn are linked to the future development of autism, but no single factor has been identified as the cause, a meta-analysis of forty previously published research studies concludes.

Autism refers to a cluster of neurological developmental disorders, ranging to mild and severe, that interfere the child’s ability to adjust normally, including defects in normal communication and social interaction.

The systematic review, published in Monday’s issue of Pediatrics, presented the results of a meta-analysis of over sixty perinatal and neonatal risk factors associated with autism reported in the forty published studies. It identified sixteen that were significantly associated with autism. These included low birth weight, complications associated with delivery, fetal distress during labor, “poor condition” of the newborn along with a low Apgar score, multiple births, birth injuries to the baby, and hemorrhaging of the mother during childbirth.

However, the review found that often these factors are linked; not occurring independently but in combination, making the effect of any one factor difficult to determine. Further, the conclusions of the studies often were in conflict with each other regarding the relationship of any single one of the factors to autism. The researcher concluded there was “insufficient evidence to implicate any one perinatal or neonatal factor in autism etiology.” However, they said some evidence suggested the presence of “multiple neonatal complications may increase autism risk.”

[M]ultiple neonatal complications may increase autism risk.

The review also ruled out some factors, finding some were not linked to autism such as the use during childbirth of anesthesia, forceps delivery or vacuum extractor delivery. High birth weight and large head circumference of the newborn were also discounted.

The researcher who headed the study, Hannah Gardener, who was at the Harvard School of Public Health at the time and is now at the University of Miami School of Medicine, emphasized in an interview that parents should not worry if any one of the factors was present at the time of their child’s birth.

There is no single strong cause of autism.

She said, “There is no single strong cause of autism.”

Twin studies have concluded that there is a genetic component to autism and Gardener emphasized the importance of the review’s conclusions that point to the need for continuing study of how factors surrounding birth may interact with genetic factors to result in future autism in a child.

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Hundreds of thousands rally in Australia against IR legislation

Tuesday, November 15, 2005

An estimated 150,000 protesters in Melbourne fill Federation Square blocking roads in all directions.

People rallied in 300 locations across Australia today to protest the Federal Government’s proposed changes to industrial relations laws, WorkChoices. According to police, around 150,000 people congregated in Melbourne, from where speeches were broadcast throughout the country. In Sydney, thirty thousand gathered in Belmore Park and Martin Place to watch the broadcast before marching to Chifley Square.

Sharan Burrow, President of the Australian Council of Trade Unions (ACTU), said that under the changes many working conditions would be under threat, including “penalty rates, public holidays, overtime pay, control over rostered hours, shift penalties, even 4 weeks annual leave.” The government has claimed, despite various expert assesment to the contrary, and opposition from major Australian religious and charity organisations and some concern from its own backbench, that the IR changes will improve the economy and ultimately benefit workers, and dismissed the protests as having “little effect”.

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Reports: ‘streamlined’ UK asylum process to replace interview with questionnaire for five nationalities

Thursday, February 23, 2023

Braverman (left) and Sunak (right) on October 25, 2022. Image: UK Government.
The Border Force vessel HMC Searcher on The Solent on February 8, 2010. Image: Brian Burnell.

The United Kingdom Home Office today is to begin issuing questionnaires in place of official interviews to determine refugee status for some 12,000 asylee hopefuls from Afghanistan, Eritrea, Libya, Syria and Yemen who applied before last summer.

The forms are part of Prime Minister Rishi Sunak’s effort to clear the nation’s 92,000 asylum claim-‘legacy backlog’ by year end.

While standard security, criminal, and health checks will continue, officials will scrap the face-to-face interview step to “streamline” processing for five nationalities whose claim acceptance rate is already above 95%.

The document, which media reports range from ten to 32 pages with 40 to 50 questions, “must be completed in English”, the government recommending “online translation tools” if needed.

It also must be returned within twenty working days. A leaked internal letter seen by Sky News says “failure to return the questionnaire without reasonable explanation may result in an individual’s asylum claim being withdrawn in line with the published policy”, but the government will provide a reminder after the deadline and consider extensions.

Officials tell BBC News every claim will be assessed meritocratically, with the i reporting no one will be refused “based solely on the response of the questionnaire”.

A similar fast-track system backed by the British Red Cross in September 2021 for 3,000 Afghan refugees was reportedly rejected by Prime Minister Boris Johnson over fears it would amount to amnesty, which the Home Office today rejects, and strain the UK’s welfare and housing systems.

Labour’s Shadow Home Secretary Yvette Cooper said her party has supported the idea “for months”, and said it was “damning that the Home Office isn’t doing this already […] including for safe countries like Albania” after the United Nations High Commissioner for Refugees “recommended it two years ago.”

She continued: “Labour has a common-sense plan to fast-track cases, get return agreements in place so unsuccessful claims can be quickly and safely returned, and take much stronger action against the criminal gangs driving dangerous small boat crossings.”

Figures to be published today show a record 45,756 migrants crossing the Channel last year drove outstanding asylum claims over 150,000, also a record.

Sunak has made tackling migration one of his main priorities, with laws banning illegal migrants from claiming asylum in the UK expected next month. The Home Office letter reads “we may extend the use of the questionnaire as a means to gather additional information from other claimants awaiting an asylum decision in due course”, but no current plans to expand the scheme exist.

Braverman with France’s interior and overseas minister Gérald Darmanin in Paris on November 14, 2022. Image: Home Office.

On Wednesday, Home Secretary Suella Braverman told GB News: “It’s clear that we have an unsustainable situation in towns and cities around our country […] because of the overwhelming numbers of people arriving here illegally and our legal duties to accommodate them”.

But media have said the questionnaires attract criticism both for making it easier for some asylum seekers to obtain the right to live and work in the UK, and for presenting a burden on those who may not speak English or have access to help or legal counsel.

The Guardian cited examples of complicated questions with over fifty words, including: “Were you subject to human trafficking (the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit) or modern slavery (severe exploitation of other people for personal or commercial gain) during your journey to or after you arrived in the UK?”

It quoted critics like immigration barrister Colin Yeo, and Joint Council for the Welfare of Immigrants campaigner Caitlin Boswell, with Boswell stating: “People fleeing desperate circumstances clearly need this government to make quicker and fairer asylum decisions, but this latest move from government is clumsy, unthinking and could put people’s safety at risk.

“No one’s right to refuge should be jeopardised because they weren’t able to fill in an unwieldy form in a language they don’t speak.”

After the leak, CEO of the Refugee Council Enver Solomon told Sky News any process “must be well thought out”: “Moves to reduce the backlog are welcome but the answer is not yet more bureaucratic hurdles and threats of applications being withdrawn.

“After living in worry and uncertainty for months and even years without hearing anything about their claims, it cannot then be fair or reasonable to expect people to complete a lengthy form only in English in a matter of weeks especially for those who don’t have access to legal advice and don’t speak English.”

During Prime Minister’s Questions Wednesday, Sunak defended the government’s record whilst promising a “formal update” from Braverman is forthcoming: “The Home Secretary and I are working intensely and as quickly as possible to bring forward that legislation […] in the meantime our deals with Albania and France are already yielding benefits […] we want a system whereby if someone arrives in our country illegally they will not be able to stay.”

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Bank of America leads Consumer Financial Protection Bureau complaints about mortgages

Thursday, October 3, 2013

A review this week by Wikinews of US Consumer Financial Protection Bureau (CFPB) complaints about mortgages in the United States shows Bank of America leads all lending institutions in complaints.

Since mortgages complaints were recorded in December 2011, 77,622 total have been added to CFPB’s database. 29.2% of these complaints involved Bank of America, with the second most received by Wells Fargo, accounting for 15.5% of all complaints. JPMorgan Chase ranked third by volume of complaints with 9.8%. Ocwen was fourth with 8.7% and Citibank was fifth with 4.8%. Nationstar Mortgage; Green Tree Servicing, LLC; HSBC; PNC Bank; U.S. Bancorp; OneWest Bank; SunTrust Bank; Flagstar Bank; and Select Portfolio Servicing, Inc. each had between 1.0 and 3.8% of total complaints. The remaining 14.4% of all complaints about consumer mortgages were divided between about 530 other lending institutions.

The Motley Fool reported last month that for the past fiscal quarter, the biggest US based mortgage lenders were from first to fifth Wells Fargo, JPMorgan Chase, Bank of America, Quicken Loans and U.S. Bancorp.

According to the US Federal Reserve, debt for family residences stands at US$10.706 trillion for the second quarter of 2013. As of the end of June of this year, Bank of America is the United States’s second largest commercial bank with US$1.343 trillion in domestic assets. Wells Fargo is the fourth largest commercial bank with US$1.251 trillion in domestic assets. JPMorgan Chase is the largest US commercial bank with US$1.329 trillion in domestic assets and US$1.947 trillion in total assets.

The mortgage complaints in the CFPB report include several subproducts. Conventional fixed mortgages account for 27.1% of all complaints. Conventional adjustable mortgages account for 10.0%. FHA mortgages account for 7.7% of all complaints. Home equity loans or lines of credit account for 3.8% of all complaints. VA mortgages are 1.4% of all complaints. Second mortgages and reverse mortgages each account for 0.6% of complaints. The remaining 48.7% of complaints are about other mortgages or other mortgage issues. A few years ago, FHA loans accounted for about 10% of all US mortgages while VA loans accounted for about 3%. Prime loans accounted for over 75% of the market and the rest were subprime mortgages.

Total complaints against mortgage companies by state Image: Laura Hale.

California leads all states by volume of complaints with 14768. It is followed by Florida, New York, Georgia and Texas. When complaints are divided by a state’s total population, New Hampshire leads. The state is followed by Washington D.C., Maryland, Georgia and Florida. Complaints do not correlate with national rankings for August’s foreclosure rate by state where Nevada topped the list, followed by Florida, Ohio, Maryland and Delaware.

Two zip codes account for over 1,000 total complaints between them. 565 complaints originated in the 48382 zip code, which is in Commerce Township, Michigan, located in suburban Detroit. 553 complaints originated in the 33071 zip code, in Coral Springs, Florida. According to real estate website Zillow, there are currently 1,033 properties in foreclosure in Coral Springs while Commerce Township only has 131 properties currently in foreclosure. Four other zip codes have 100 plus complaints originating from them. 91730, in Rancho Cucamonga, California, had 158 complaints. 33409, in West Palm Beach, Florida, had 132. 92626, in Costa Mesa, California, had 125 complaints. 92660, in Newport Beach, California, had 122 complaints. Respectively, the towns had 534, 1,068, 153, and 134 properties currently in foreclosure. These numbers are higher than for the cities of a few sampled zip codes where there was only one complaint, such as Gold Hill, Oregon which has 4 properties in foreclosure, and Decatur, Illinois which has 6 properties in foreclosure.

For the top 5 lenders by volume of complaints, the percentage of complaint types against them. Image: Laura Hale.

The CFPB categorizes complaints into six categories: “Loan modification, collection,foreclosure” or problems when a person is unable to pay; “Loan servicing, payments, escrow account” or problems with making a payment; “Application, originator, mortgage broker”; “Credit decision / Underwriting”; “Settlement process and costs”, and “Other”. The CFPB says the complaint types indicate consumers “appear to be driven by a desire to seek agreement with their companies on foreclosure alternatives. The complaints indicate that consumer confusion persists around the process and requirements for obtaining loan modifications and refinancing, especially regarding document submission timeframes, payment trial periods, allocation of payments, treatment of income in eligibility calculations, and credit bureau reporting during the evaluation period.” Currently, 59.6% of all complaints against lenders deal with being unable to pay. 25.1% deal with problems in making a payment. 7.0% have to do with the application process.

Of the complaint-heavy zip codes, for 48382 in Commerce Township, Michigan, 98.9% of all complaints have to deal with being unable to pay. Accounting for 23.4% of all mortgage complaints in Commerce Township, 132 of the complaints for being unable to pay were made regarding Bank of America, accounting for 97.8% or all but 3 complaints against them from the zip. 121 of the Bank of America responses in Commerce Township were closed with explanation and 12 were closed with non-monetary relief. 33071 in Coral Springs is different, with 537 of the 553 complaints being categorized under other. Only 11 complaints relate to foreclosure and issues with being able to pay. 92626 in Costa Mesa, where 32% of the mortgage complaints were about Bank of America and 26.4% were about Wells Fargo, had 93.6% of its complaints dealing with being unable to pay. 5 total complaints dealt with payment issues and 3 dealt with applications.

Beyond regional variance in complaint types lodged, the top five mortgage lenders by volume of complaints all had being unable to pay as their top complaint category, ranging between 55.8% for Citibank and 69.4% for Bank of America. Problems with payment accounted for the second largest area of complaints, with Ocwen having the largest percentage of complaints at 31.9% and Bank of America having the smallest at 18.8%. Foreclosure was the top area of complaints for a number of other lending institutions including 1st Alliance Lending, OneWest Bank, Ally Bank, Banco Popular de Puerto Rico, Bank of the West, BMO Harris, BOK Financial Corp, Caliber Home Loans, Inc, Capital One, Deutsche Bank and EverBank.

By state complaints against mortgage lenders by monthImage: Laura Hale.

Nationally, complaints reached a high of 5,840 for January 2013, 1,107 more than the next highest month of April 2013. The total emerging for September is the second lowest since records were first kept in December 2011. On a state by state level, this pattern largely repeats with a major exception for Florida which saw a peak of 849 complaints in June 2012. Then, as now, Florida was one of the top five states in the nation in its foreclosure rate. The national January spike came as the Qualified Mortgage standard required by the The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 came into play. It required mortgage lenders to take steps to insure borrowers could repay their mortgages.

Bank of America’s complaint volume follows the national trend, with a spike in January 2013 with 1,925 total complaints. Unlike nationally, the next month by volume of complaints was February of this year with 1,598 complaints. Prior to that, the highest month was May 2012 with 1,418 complaints. The lowest volume of complaints is September this year with 334.

Wells Fargo matched national trends for volume of complaints by month, with the exception of the current month being the lowest on record for number of complaints with 197 compared to the next lowest month, December 2011, when they had 221. JPMorgan’s complaint volume by month spiked in January and March of this year with 504 complaints. April of this year was the next highest month with 493 complaints, edging out May of last year with 488 complaints. September this year is on track to be the lowest month by complaint volume.

The federal government shutdown is unlikely to impact the current mortgage situation in the United States directly for most consumers, though mortgage processing by the Federal Housing Administration could be slower, resulting in fewer mortgages processed.

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