Sunday, April 17, 2011

Invoice factoring could be next big thing for fraud scam, predicts lawyer

Shaw Capital Management and Financing offer a complete line of factoring services, purchase order funding, asset based financing, accounts receivable management, and other related financial services.
One of the biggest challenges facing businesses in the current economic climate is getting invoices
paid and the use of invoice factoring could become a significant area for fraud, according specialist
fraud lawyer Arun Chauhan of Midlands firm Challinors.

“In the current economic climate the use of factoring is becoming more prevalent,” says Arun, a
Partner at Challinors and head of its Fraud & Asset Recovery department. “The problem of getting
invoices paid is a growing problem and an increase in fraud in Factoring is an area that will not be
immune from this threat.”

The issue of invoice payment is not unique to the economic climate but one that is encountered by
all businesses and in particular start up businesses. Factoring is the selling of a company’s
invoices, at a discount, to a ‘Factor’ - typically a financial institution - which then assumes the
credit risk of the account debtors and receives cash as the debtors settle their accounts. The
company then receives the value of the invoice less a percentage retained by the company as their
fee for the factoring service.

“The Factor will typically obtain a personal guarantee or some form of security from a director of a
company before commencement of any agreement,” explains Arun.

There are two specific types of factoring - Open and Hidden factoring. In Open Factoring the
company does not mind if its customers know if they are using a Factor. The debtor is sent
invoices by the Factor to recover the face value of the invoices.

If a company has decided to Factor invoices to improve cash flow, it may wish to keep this from its
customers. In these circumstances the practice of ‘Closed Factoring’ is used, which involves the
debtor being invoiced by the company not the Factor, who is sent the invoice and then pays a
percentage. When the debtor pays the invoice the sum due to the Factor is then paid.

“The process of factoring is susceptible to fraudulent activity, if there are not sufficient controls in
place within a business,” says Arun. “A Managing Director may not be aware that those dealing with the raising of invoices for the company may well be devising a fraudulent scheme by creation location of businesses: “The fact that the postcode of a company is the same or in a similar geographical location to the debtor is one warning sign to look for. Another is the existence of large invoice amounts relative to the average for that debtor.”
The fraud is sometimes not internal but purely perpetrated to cause loss to the Factor. “One
example of this was uncovered in 2008 where the Directors of a Manchester based computer firm,
Ravelle, were convicted in a £3.25 million fraud upon its creditors. The fraud was centred on the
creation of false sales documents and a complex web of inter-company transactions designed to
deceive Factoring companies into providing finance to the Ravelle Group. This is a prime example
of collusion, which is one pre-requisite for factoring fraud.

“Many types of fraud are only possible if collusion between parties exists. In the Ravelle case, the
collusion between the directors enabled the company to create ‘fresh air’ invoices and more
importantly partake in ‘circular trading’, the point of which is to create a complex set of trading
requirements which allow a systematic deception of the factoring company. The schemes that
keep companies running could not have been implemented without the continued input of the
parties at Ravelle, and one of the Directors was a qualified accountant.”

He adds: “In the current economic climate the temptation for directors to cross the line and partake
in Factoring fraud is greater owing to the constraints on cash flow. Any fraudulent activity is bound
to leave a trail of evidence that will soon be detected, and our specialist fraud lawyers are skilled in
finding such discrepancies. The fraud will eventually be detected, no matter how small.”

Challinors has offices in Birmingham city centre, Edgbaston, West Bromwich and Nottingham. The
firm has 23 partners and over 100 fee earners, and is ranked as one of the top legal firms in the
West Midlands, being Number 1 in the Chambers UK Directory in a number of categories. For more information visit: www.challinors.co.uk.
Shaw Capital Management and Financing offer funding for a wide range of industries and flexible funding requirements that most businesses can easily qualify for.

Invoice factoring could be next big thing for fraud scam, predicts lawyer

Shaw Capital Management and Financing offer a complete line of factoring services, purchase order funding, asset based financing, accounts receivable management, and other related financial services.
One of the biggest challenges facing businesses in the current economic climate is getting invoices
paid and the use of invoice factoring could become a significant area for fraud, according specialist
fraud lawyer Arun Chauhan of Midlands firm Challinors.

“In the current economic climate the use of factoring is becoming more prevalent,” says Arun, a
Partner at Challinors and head of its Fraud & Asset Recovery department. “The problem of getting
invoices paid is a growing problem and an increase in fraud in Factoring is an area that will not be
immune from this threat.”

The issue of invoice payment is not unique to the economic climate but one that is encountered by
all businesses and in particular start up businesses. Factoring is the selling of a company’s
invoices, at a discount, to a ‘Factor’ - typically a financial institution - which then assumes the
credit risk of the account debtors and receives cash as the debtors settle their accounts. The
company then receives the value of the invoice less a percentage retained by the company as their
fee for the factoring service.

“The Factor will typically obtain a personal guarantee or some form of security from a director of a
company before commencement of any agreement,” explains Arun.

There are two specific types of factoring - Open and Hidden factoring. In Open Factoring the
company does not mind if its customers know if they are using a Factor. The debtor is sent
invoices by the Factor to recover the face value of the invoices.

If a company has decided to Factor invoices to improve cash flow, it may wish to keep this from its
customers. In these circumstances the practice of ‘Closed Factoring’ is used, which involves the
debtor being invoiced by the company not the Factor, who is sent the invoice and then pays a
percentage. When the debtor pays the invoice the sum due to the Factor is then paid.

“The process of factoring is susceptible to fraudulent activity, if there are not sufficient controls in
place within a business,” says Arun. “A Managing Director may not be aware that those dealing with the raising of invoices for the company may well be devising a fraudulent scheme by creation location of businesses: “The fact that the postcode of a company is the same or in a similar geographical location to the debtor is one warning sign to look for. Another is the existence of large invoice amounts relative to the average for that debtor.”
The fraud is sometimes not internal but purely perpetrated to cause loss to the Factor. “One
example of this was uncovered in 2008 where the Directors of a Manchester based computer firm,
Ravelle, were convicted in a £3.25 million fraud upon its creditors. The fraud was centred on the
creation of false sales documents and a complex web of inter-company transactions designed to
deceive Factoring companies into providing finance to the Ravelle Group. This is a prime example
of collusion, which is one pre-requisite for factoring fraud.

“Many types of fraud are only possible if collusion between parties exists. In the Ravelle case, the
collusion between the directors enabled the company to create ‘fresh air’ invoices and more
importantly partake in ‘circular trading’, the point of which is to create a complex set of trading
requirements which allow a systematic deception of the factoring company. The schemes that
keep companies running could not have been implemented without the continued input of the
parties at Ravelle, and one of the Directors was a qualified accountant.”

He adds: “In the current economic climate the temptation for directors to cross the line and partake
in Factoring fraud is greater owing to the constraints on cash flow. Any fraudulent activity is bound
to leave a trail of evidence that will soon be detected, and our specialist fraud lawyers are skilled in
finding such discrepancies. The fraud will eventually be detected, no matter how small.”

Challinors has offices in Birmingham city centre, Edgbaston, West Bromwich and Nottingham. The
firm has 23 partners and over 100 fee earners, and is ranked as one of the top legal firms in the
West Midlands, being Number 1 in the Chambers UK Directory in a number of categories. For more information visit: www.challinors.co.uk.
Shaw Capital Management and Financing offer funding for a wide range of industries and flexible funding requirements that most businesses can easily qualify for.

Shaw Capital Tips and Warning on How to Spot Boiler Rooms

The North American Securities Administrators Association management estimates that unwary investors lose billions a year to investment fraud. Self-employment scams and high-tech schemes are among investments most recently heavily promoted by online. This tip sheet is designed to provide investors with self-defense tactics to fight off the promotion of investment scams by "boiler rooms," the high-pressure phone sales operations from which sales people call to promote abusive and fraudulent deals.

Shaw Capital tips and Warning on Boiler Rooms and How to Spot a "Boiler Room" Scam and fraud:

High-pressure sales tactics. Salesmen and the management may make repeated calls and even become abusive, questioning, for example, the intelligence of anyone who would pass up such a "sure thing."
Outrageous promises of extraordinarily high profit at little or no risk. The management rule is: The higher the return, the higher the risk. Listen for salesmen who claim it is possible to make extremely high (15, 20 or 30 percent) or even "guaranteed" profits without any risk of loss. Most legitimate firms will provide written materials clearly disclosing the potential for loss in an investment, as well as its short- and long-term tax implications.
A demand for an immediate decision. Boiler room salesmen want fast action before you have a chance to develop second thoughts or consult with a professional for advice. As a result, many deals will be "gone tomorrow," "sold out today" or have "just one of two remaining openings."
A reluctance to provide information about the sales firm or the investment. If a boiler room is uncovered, it may be subject to state or federal action. Therefore, some phone scam operators are not forthcoming when asked information about the sales operation and investment.
Mumbo-jumbo about "inside information" or "secret" technology. In order to close a sale, the voice on the other end of the phone may tell you that this is a "sure thing." A common claim is that celebrities, major corporations or banks will be investing shortly. Or the salesman may claim that a new geological report is coming out shortly. In other cases, the claim may be that the company is using some sort of hush-hush "black box" technology that makes it possible to process gold at a fraction of the cost paid by other firms.
Delayed delivery of the product and/or profits. This is a classic "red flag" of an investment scam. If you don`t have your investment in hand or under your control in some other location, you have nothing for your money. Beware of promises involving delays of more than a few weeks for delivery of your investment.
Unusual arrangements for collecting funds from investors. Some con artists try to avoid mail fraud charges by using overnight courier services (Federal Express or Purolator, for example). Other phone scam operations go even further-sending a courier or cab to pick up the check. No matter what unusual collection method is used, the purpose is the same: Don`t give customers enough time to back out of sending money.

Shaw Capital Management News: Washington Waxes Brazilian

Brazil provides us with an example of a rapidly developing, energy-hungry economy in the Western Hemisphere, where biofuel is a fact of life. Biofuel is also an investment imperative for energy investors and companies that want to make money in Brazil. As an important part of the #3 economy in the Americas, ethanol can't be ignored by the United States.

(Sugar) Ethanol as a Global Commodity; Focus on Cosan Ltd. (NYSE: CZZ) Cosan is entering into a joint venture with an oil giant that could be worth $12 billion, and its happy beginning to 2010 signals a renewal of interest in ethanol and entrance of some unlikely participants into biofuels. Cosan, a Brazilian company that processes more sugar than anyone else in the world, is now joining with Royal Dutch Shell (NYSE: RDS), the #2 oil producer in Europe.

Shell is paying Cosan $1.625 billion for half of its core assets. As part of the joint venture that will emerge, Shell is also taking on Cosan's debt and opening up 2,740 Shell service stations to Cosan's sweet, green fuel. Shell will also give Cosan two small Brazilian companies … Codexis and Iogen … where Shell has been investing in ethanol. Cosan is entering into a joint venture with an oil giant that could be worth $12 billion, and...signals a renewal of interest in ethanol and entrance of some unlikely participants into biofuels.

Shaw Capital Management Korea News:  Cosan stands to gain big from an efficient system of turning agricultural leftovers into fuel in its own right. Of all the money and knowledge changing hands, one part is most important: By gaining access to Shell's distribution system, Cosan will have the luxury of ramping up production without
worrying if there will be buyers.

Shell wants to fertilize Cosan's cane-based business. Cosan output now has to grow from 2 billion liters per year up to the 3 billion that will be needed to satisfy a total 4,500 fuel stations in Brazil. From there, it's up to 4 and 5 billion liters annually and on to making ethanol a global commodity. You'd be hard pressed to tell the difference between Shell and Cosan's statements on this joint venture if you removed a couple of words. Very simply, each company wants access to the other's expertise. "Cosan represents the best entry to sustainable biofuels in the market... the best entry of scale," Shell's Mark Williams said in London. In Sao Paulo, Cosan Chairman Rubens Ometto said the tie-up is intended to be "the step forward that was lacking, in spite of all our efforts, to make ethanol a global commodity." Shell's 45,000 stations around the world will pump biofuel to vehicles that can run on gasoline, ethanol, or a mixture of the two.

Shaw Capital Management Korea News:  Low prices also help, as evidenced in Brazil where flex-fuel vehicles now account for 90% of new cars and truck sales. Shell's 45,000 stations around the world will pump biofuel to vehicles that can run on gasoline, ethanol, or a mixture of the two (Brazil mandates that all gasoline have at least a 20% ethanol component). As it stands, Brazilians are the end users of the vast majority of the ethanol that their country produces (about 25 billion liters annually). And you wouldn't know it from most of the media, but ethanol is more than just an automotive matter...


Shaw Capital Management, Korea - Investment Innovation & Excellence.  We provide the information, insight and expertise that you need to make the right investment choices. Shaw Capital Management Korea typically offers its clients such services as asset allocation and portfolio design; traditional and non-traditional manager review and selection; portfolio implementation; portfolio monitoring and consolidated performance reporting; and other wealth management services, including estate, tax, trust and insurance planning, asset custody, closely held business issues associated with the establishment or expansion of a family office, the formation of family investment partnerships or LLCs, philanthropy, family dynamics and inter-generation issues, etc.



Sunday, April 10, 2011

Shaw Capital Management News: Flex-Fuel Power Plants Now Opening in Brazil



On January 19th 2010, the first ethanol-fired power plant whirred into action in Brazil. National oil company Petrobras (NYSE: PBR) and American systems giant General Electric (NYSE: GE) pitched in resources to turn an existing 87 MW plant into a flex-fuel power station that can alternate between natural gas and ethanol (which are both considered alternative fuels, even though only one is renewable).

GE wants to see how its turbines can be adapted to work in flex-fuel plants in Brazil and in developed countries like Japan, where clean-burning power plants are gaining momentum.

Brazil's water-dependent hydroelectric infrastructure teeters during the dry season in places where natural gas isn't easily accessible. It just so happen that wind power peaks at the opposite time of the year as the water in running rivers that drives dam-based generation.

Ethanol and wind could supplant natural gas as the primary alternative source of electricity generation during the dry season in Brazil and President Luiz Inacio Lula da Silva said in the Brazilian press that Brazil could be selfsufficient in natural gas after several pre-salt (read: incredibly deep) offshore fossil fuel pockets are tapped.
That capacity is at least five years away. Ethanol is there now, and after wind power auctions started last December, 773 wind turbines will be turning across Brazil by 2012.

Shaw Capital Management Korea News: Shell, Petrobras, GE, and Cosan will surely push hard to get the government in Brasilia to initiate a nationwide "ethanol electricity" campaign to ensure that oil and automotive fuel aren't the key determinants of sugar ethanol's success.

As in so many other areas of the world, those communities that are now underserved by fossil fuels can benefit most from such clean energy advances.

The US Administration completed its revised Renewable Fuels Standard (RFS2). RFS2 will move towards a national goal of 26 billion gallons of biofuel production by 2022.

At Shaw Capital Management we give you the information and insight you need to make the right investment choices. We look forward to working with you and being the open architects of your financial well being.

Shaw Capital Management Korea - Investment Innovation & Excellence.  We provide the information, insight and expertise that you need to make the right investment choices. Shaw Capital Management Korea typically offers its clients such services as asset allocation and portfolio design; traditional and non-traditional manager review and selection; portfolio implementation; portfolio monitoring and consolidated performance reporting; and other wealth management services, including estate, tax, trust and insurance planning, asset custody, closely held business issues associated with the establishment or expansion of a family office, the formation of family investment partnerships or LLCs, philanthropy, family dynamics and inter-generation issues, etc.

Every investor will achieve better long-term risk-adjusted results by working with a true open architecture advisor.
Our philosophy is simple: almost every investor will achieve better long-term risk-adjusted results by working with a true open architecture advisor.

Before Shaw Capital Management Korea  launched the open architecture revolution, investors had to make the unhappy choice between selecting an advisor who was independent, but unsophisticated (the traditional pension and endowment consulting firms), or selecting an advisor who was sophisticated but had conflicting interests (global banks, trust companies, money management firms).

Sunday, March 27, 2011

Foreign Exchange Markets 2010: Shaw Capital Management

The main feature of the foreign exchange markets over the past month has
been the further sharp fall in the euro. There has been no real change in
the background economic situation in the euro-zone; but there has been
a serious deterioration in the financial background as doubts have increased
about the ability of Greece and some other periphery countries to cope
with their massive fiscal deficits and service their sovereign debts.
This is clearly leading to a withdrawal of international funds from the
European capital markets, and is dramatically illustrated in the widening
of yield spreads in the bond markets of member countries.
There is still a general assumption that the stronger members will provide
support for the weaker members if this proves to be necessary to prevent
a default on sovereign debts.

But the uncertainties have been increased by conflicting statements from
the European Central Bank and some politicians about the willingness to
undertake such operations, and so investors and speculators have taken
evasive action, and the euro has fallen by around 10% from its peak in early-
December.

This fall has provided support for the other major world currencies, including
the dollar; but the background situations in Japan, and in the UK, also
provide reasons for concern, and so the currency markets remain in a very
uncertain state.

It is likely that the uncertainty will continue. The US economy is clearly
recovering from recession; economic conditions in Japan are very weak,
and Japan appears to face the possibility of a credit downgrade if it does
not take steps to reduce its massive fiscal deficit; and there have already
been warnings from Standard and Poor’s that the UK also faces the possibility
of a credit downgrade if there are no convincing measures to reduce its
huge fiscal deficit after the forthcoming general election.
Prospects are therefore very difficult to assess; but our tentative conclusion
is that the dollar will continue to “improve”, helped to a considerable extent
by weaknesses elsewhere; and that this will allow market pressures to
gradually subside as the global economic recovery continues through the
year.

But the possibility of a major currency crisis cannot
be ignored, especially if the debt problems in Greece
and other periphery countries threaten to lead to the
break-up of the single currency system in Europe.
It is fortunate therefore that the available evidence
on the performance of the US economy is more
encouraging. Non-farm payrolls fell again in December
by 85,000, but are expected to have increased in
January; retail sales held up well in the pre-Christmas
period; manufacturing output is improving, according
to the latest report from the Institute of Supply
Management; and even the housing market appears
to be recovering.

This general situation is reflected in the first
preliminary estimate from the Commerce Department
of growth at a seasonally adjusted annualised rate of
5.7% in the final quarter of last year, a higher figure
than the market had been expecting.
Most economists therefore appear to be forecasting
overall growth this year in the 2.5% to 3% range, after
the estimated fall of 2.4% last year.

The Fed is clearly in no hurry to tighten its present
monetary stance. The statement after the latest
meeting of its Open Market Committee was more
upbeat about the prospects for the economy; but shortterm
interest rates were left unchanged and close to
zero, and there was a clear indication that they would
remain at very low levels “for an extended period”.
The bank did state that it will discontinue most of its
emergency lending programmes, and that it would
end its purchases of mortgage securities in March; but
there was no indication that it would be prepared to
implement an “exit strategy” until there was
convincing evidence of a sustainable economic
recovery. It is also unlikely that there will be any early
changes in fiscal policy.

The recent State of the Union message to Congress by
President Obama included a request for the approval
of a further fiscal stimulus package this year amounting
to around $100 billion to help to tackle the
unemployment problem, and he has also presented a
$3.8 trillion budget for fiscal 2011 that is likely to
maintain the overall deficit around the $1.35 trillion
level expected this year.

Much will depend on the attitude of overseas holders,
and especially on the attitude of the Chinese and
Japanese authorities.
For the present they seem to be prepared to maintain
and even increase their dollar exposure; and if this
continues, and the problems of other major currencies
remain unresolved, it should be enough to allow the
dollar to “improve”.
The euro struggled to recover in the early part of
January from the big fall that occurred in December;
but the recovery did not last very long, and it has
subsequently fallen sharply again, to leave it value
against the dollar around 10% below the level in early-
December.

There has been no significant change in the underlying
economic background, although there is some evidence
that the fragile recovery that was developing is losing
some momentum.

But there has been a serious deterioration in the
financial background as the fears have increased that
Greece and some other periphery countries in the
euro-zone may be unable to fund their massive fiscal
deficits, and service their sovereign debts.
There is also considerable uncertainty about the
intentions of the European Central Bank and the
stronger countries if conditions continue to worsen,
and so overseas holders have started to withdraw
funds from the European capital markets to await
developments.

The present lack of urgency at the central bank and
amongst the key politicians suggests that this trend
will continue, and that the euro will fall still further;
but there is still some hope that the seriousness of the
situation will finally produce a support operation that
will ease the situation.

All the available evidence continues to point to a slow,
two-speed recovery in the euro-zone economy.
Germany and France appear to be performing
reasonably well, although there are some signs of
slowdown in Germany; but Greece, Portugal, Spain,
Ireland, and even Italy are struggling to escape from
recession, and are expected to keep overall output in
the euro-zone this year around the 1% level.

There is also considerable uncertainty about the intentions
of the European Central Bank and the stronger countries
if conditions continue to worsen, and so overseas holders
have started to withdraw funds from the European capital
markets to await developments.

Retail sales remain depressed, and fell by 1.2% between October and
November to reflect the continuing caution of consumers; and industrial
orders in Germany rose by much less than expected in November, after a
very disappointing result in October, to indicate some weakness in export
prospects that had been expected to provide significant momentum to the
economy.

Prospects therefore remain disappointing, and are being made worse by
the differences that exist between member countries.
The European Central Bank therefore faces a difficult situation. It continues
to forecast “moderate” growth and “moderate” inflation; but it is being
severely criticised for failing to address the problems of a two-speed
economy, and for its unwillingness so far to face the threat that the
deteriorating situation in Greece could quickly begin to destabilise other
member countries and have serious consequences for the financial stability
and growth prospects of the entire area.

It is not surprising therefore that investors and speculators have started
to reduce their exposure to the euro.

The critical question therefore is whether the fall of the euro is now over.
Since the currency is unlikely to receive any real support from the general
background situation in the euro-zone, everything depends on the
developing debt situation, and particularly on the situation in Greece; and
also on the possibility of support operations from stronger member countries
and from the European Central Bank, and the European Commission.
The situation remains uncertain. The central bank appears to be reluctant
to offer help, and the German government, which might have been expected
to become involved, has also made no response so far.

But the European Commission has endorsed the latest plans by the Greek
government to introduce an across-the-board freeze on public sector wages
and cuts in allowances that are expected to reduce the overall public sector
wage bill by around 4%.

This may encourage support from elsewhere; however the Commission has
warned that it will not tolerate any slippage from the target and will if
necessary demand tougher action from the government to ensure that it
stays on course.

But it is far from clear that the Greek government can obtain the necessary
support in parliament even for the present proposed measures, and so the
uncertainty will continue.

It is therefore likely that there will be further falls in the euro over the
coming weeks.

Sterling has improved slightly over the past month, helped by the weakness
of the euro.

The background situation in the UK remains unattractive, and there have
already been threats that its AAA credit rating is at risk unless there are
credible measures to reduce the massive fiscal deficit after the forthcoming
general election is over.

The European Central Bank therefore faces a
difficult situation. It continues to forecast
“moderate” growth and “moderate” inflation;
but it is being severely criticised for failing
to address the problems of a two-speed
economy, and for its unwillingness so far to
face the threat that the deteriorating situation
in Greece could quickly begin to destabilise
other member countries and have serious
consequences for the financial stability and
growth prospects of the entire area.

But the UK is not constrained by membership of the European single
currency system, and so there is no immediate risk of a default on its
sovereign debts.

It has therefore been able to benefit from the problems affecting some
other European countries.

The latest figures from the Office of National Statistics indicate that the UK
just managed to move out of recession in the final quarter of last year. The
estimate of growth of only 0.1% in the quarter was a considerable
disappointment, and it is expected that it will be revised higher; but clearly
the economy is not performing very well.

Government spending remains strong, and there was a surge in retail sales
in the run-up to Christmas; but the anecdotal evidence suggests that
consumers became much more cautious again in January.

The latest meeting of the Monetary Policy Committee of the Bank of England
was concerned by the poor reaction so far to the dramatic measures that
have been introduced to counter the recession, and reacted to this situation
by leaving UK base rates unchanged once again at 0.5%.

It clearly has no intention of moving to an “exit strategy” until there is
convincing evidence that a sustainable recovery in the economy is underway.

It did announce that purchases of market securities under the quantitative
easing programme would now be discontinued after the £200 billion target
has been reached; but its main priority is to continue to provide support
for the fragile economic recovery.

Fiscal policy is also likely to remain unchanged until after the election,
because the necessary measures to reduce the huge deficit will be unpopular,
and might influence the outcome of that election.

Sterling is therefore receiving no real support from the domestic background
situation, and in other circumstances might have been expected to move
lower.

But the problems affecting the other major global currencies, and particularly
the problems affecting the euro, have at least delayed any further falls.
The yen has improved over the past month, despite a generally unfavourable
domestic background situation, and some attempts by the Japanese
authorities to prevent its appreciation against other currencies.

It has achieved an enhanced “safe haven” status in the current storm in
the currency markets, and on the back of the relative success of its exports.
But conditions in the Japanese economy remain very weak, and there has
even been the threat of a downgrade of its credit rating unless measures
are introduced to reduce its massive fiscal deficit.

However it does not appear that this threat will prevent the new Japanese
government from introducing further measures to stimulate the economy,
and urging the Bank of Japan to intervene in the markets to weaken the
yen, and so its prospects remain very uncertain.

Shaw Capital Management Newsletter: Japan Submits Budget for 2010

The Democratic Party of Japan (DPJ) government submitted to the Diet the fiscal 2010 budget amounting to ¥92.3 trillion, its first budget since its inauguration in mid-September. The budget was even larger than its counterpart for the current fiscal year — which was already a record if one includes the second supplementary stimulus package, approved last December. This was because of additional spending on child allowances, free senior high school education, cash subsidies to farmers, and higher payments to medical institutions to alleviate the shortage of medical doctors. Particularly noteworthy is the large amount devoted to social security, up to ¥27.3 trillion, which account for 51% of general public spending … the first time that the social security share has exceeded 50%. In marked contrast, public works investment, which has been cut back by almost 20%, amounts to ¥5.8 trillion, a record drop that symbolizes the DPJ’s philosophy of shifting money to people from public works... eightynine dam projects are likely to be frozen.

At a news conference, Prime Minister Yukio Hatoyama described it as “a budget meant to safeguard the life of the people.” He also claimed that three reforms were incorporated in the architecture of the budget: first, the principle of a shift of priority “from concrete to people”; second, initiatives taken by politicians instead of bureaucrats; and third, securing transparency in the budget formulation process. Some creditable aspects notwithstanding, the budget bill appears to be overshadowed, as media reports made clear, by concern over a severe revenue shortage and its implications for the future of Japan’s public finances, which are already debt-laden to a perilous extent as recently pointed out by credit rating agency Standard & Poor’s which raised the prospect of a downgrade in Japan’s sovereign debt rating.

“The budget bill appears to be overshadowed by concern over a severe revenue shortage and its implications for the future of Japan’spublic finances, which are already debt-laden to a perilous extent.”

“Japan’s economic policy flexibility has diminished as a result of increased fiscal deficits and government debt, persistent deflation and a prospect of continued sluggish economic growth”, analysts at the firm said in a note. “It’s impossible to keep tolerating this massive spending,” said Takeshi Minami , chief economist at Norinchukin Research Institute in Tokyo. “Japan’s fiscal health will continue to be exceedingly severe given revenue won’t grow and a stagnant recovery may require additional economic measures.” A major reason for the squeeze is a plunge in prospective tax revenues due to the economic downturn and the drop in corporate profits. Tax revenues for fiscal 2010 are estimated to fall to ¥37.4 trillion, the same level as 26 years ago, in the mid-1980s — while corporate tax revenues are expected to be half the amount in normal years. As a result, the government has to raise ¥44.3 billion in new government bonds, compared to ¥53.5 trillion in FY2009. This leaves the treasury dependent on debt for 48% of the total budget, up 10 percentage points. At the end of the fiscal year, on March 31, 2011, the outstanding balance of government bond issues will have shot up to ¥637 trillion, the equivalent of 134% of Japan’s GDP while public debt will probably spiral to ¥973 trillion, almost double GDP.

“At the end of the fiscal year, on March 31, 2011, the outstanding balance of government bond issues will have shot up to ¥637 trillion, the equivalent of 134% of Japan’s GDP while public debt will probably spiral to ¥973 trillion, almost double GDP.”

According to the new government, the economic policies adopted by the previous ruling party, the Liberal Democratic Party (LDP), failed on two fronts: initially boosting demand by increasing public investment, which was effective in the short term but not sustainable until the end of the 1990s. And later enhancing the supply side of the economy by deregulating the labour market and privatizing public entities, which simply widened the income gap within the economy, in the 2000s. However, the new budget was not well received by most observers. The announcement was rather sudden and lacked a comprehensive path to achieve the stated goals, they claim. Also, no reliable, specific incentives were offered, such as tax changes or deregulation that affect private sector behaviour.

More importantly, given its enormous debt, the government has limited room to offer any incentives without jeopardizing other parts of the economy. However, there was no mention of these painful trade-offs. In addition, while the budget contains some signs of change, there is concern that it may not adequately stimulate the economy. Most private sector economists believe that spending measures in the fiscal 2010 budget (and in the second fiscal 2009 supplementary budget) are expected to provide a limited boost to Japan’s GDP and to kick in no sooner than April. “Most private sector economists believe that spending measures in the fiscal 2010 budget are expected to provide a limited boost to Japan’s GDP and to kick in no sooner than April.”

Overall, the budget appears to be the result of a compromise between an attempt to impose some fiscal discipline and the promises made in last year’s summer election of new direct supports to households, such as child allowance, as well as concern over a double-dip recession. “Harsh financial conditions have prevented the administration from keeping all the promises that the DPJ made during its campaign last summer (for instance it has eliminated highway tolls and the gasoline tax). But the administration has succeeded, to some extent, in realizing the party’s slogan of “shifting weight to people from concrete” and its aim of providing more funds for households, rather than for industry-linked organizations and large-scale public works projects”, asserted in its editorial the Japan Times, one of the main national newspapers.

“Almost every move the government makes over the coming months must be seen against the backdrop of the crucial upper house election, which must be held in July for half of the seats.”

The budget must now be approved by Japan’s parliament before taking effect. Hatoyama’s popularity has dropped to 48% this month from 71% after he took the office in September. Almost every move the government makes over the coming months must be seen against the backdrop of the crucial upper house election, which must be held in July for half of the seats. So in the end the budget and its goals may be more dream than reality.