Fujitsu role in Britain’s Post Office scandal could have severe reputational consequences, analysts say
Post Office has attributed the record amount for personal cash withdrawals at its 11,500 branches to more staycations in the U.K. and people using cash to manage their budgets.
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LONDON — Fujitsu‘s role in the U.K. Post Office scandal, dubbed the “most widespread miscarriage of justice” in British history, has analysts wary of what the fallout could look like for the Japanese IT giant.
Between 1999 and 2015, a fault with the company’s Horizon computer software used by the Post Office, a state-owned private company employing thousands of people across the country, resulted in more than 700 sub-postmasters being subjected to false prosecutions. Thousands more were driven to destitution, illness and in several cases, suicide.
The U.K.’s High Court ruled in 2019 that the Horizon software was at fault for the misreported losses at Post Office branches throughout the country, and a public inquiry was ordered by the government to take place in the following year.
However, the scandal has been re-ignited following the airing of a TV docudrama earlier this month, which showed that despite the acknowledgment, the sub-postmasters had never received adequate compensation for the financial and emotional damage inflicted.
The British government has introduced legislation to exonerate all convicted sub-postmasters and set aside £1 billion ($1.27 billion) in compensation for the victims, saying it will pursue Fujitsu if an ongoing inquiry finds the company is to blame.
Despite the furor in the U.K., Fujitsu shares are only down around 2% since the turn of the year, having suffered an initial drop after the company’s European co-CEO Paul Patterson said compensating Post Office victims was a “moral obligation,” before recovering over the past week.
Former subpostmasters celebrate outside the Royal Courts of Justice in London, on April 23, 2021, following a court ruling clearing subpostmasters of convictions for theft and false accounting. – Dozens of former subpostmasters, who were convicted of theft, fraud and false accounting because of the Post Office’s defective Horizon accounting system, have finally had their names cleared by the Court of Appeal. (Photo by Tolga Akmen / AFP) (Photo by TOLGA AKMEN/AFP via Getty Images)
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Patterson later told U.K. lawmakers at the Business and Trade select committee on Friday that the company had “clearly let society down” and that there were “bugs errors and defects” with the Horizon software “from the very start.”
In a statement Thursday, Fujitsu said it regards the matter with the “utmost seriousness and offers its deepest apologies to the sub-postmasters and their families.”
“The U.K. statutory public Inquiry, to which our U.K. subsidiary is providing full cooperation, is examining complex events that have unfolded over many years, and we remain steadfast in our commitment to this cooperation,” the company said.
“Based on the findings of the Inquiry, we will also be working with the UK government on the appropriate actions, including contribution to compensation.”
Fallout could have ‘more negative consequences’ for Fujitsu
Tim Morse, founding partner of Asymmetric Advisors, told CNBC last week that while Fujitsu may not be on the hook for the entirety of the £1 billion compensation fund, it will have to shoulder a “reasonable financial burden,” and the company becoming persona non grata for future government contracts is “certainly a possibility.”
A spokesperson for Fujitsu wasn’t immediately available for comment when contacted by CNBC.
Members of Parliament on the Treasury select committee wrote to the government and other public sector institutions last week to demand that details of any contracts awarded to Fujitsu since 2019 be made public.
“The name of Fujitsu has been tainted, but don’t forget that Fujitsu — and previously to Fujitsu, ICL, which was very close to the U.K. government and was bought by Fujitsu in the early nineties — they’re very well embedded in U.K. government IT contracts, so actually replacing Fujitsu could be very expensive,” he told CNBC’s “Squawk Box Asia.”
He suggested the greater fear is that there could be further frailties identified in government-contracted programs, with issues already identified in Japan relating to ATM systems and national ID cards, along with an outage on the Tokyo Stock Exchange in 2020.
Mio Kato, founder of LightStream Research, told CNBC last week that he was surprised by the relatively “tepid” reaction in the stock price so far, because although the compensation payment may not be the “end of the world” for a company of Fujitsu’s size, the “reputational consequences could be more severe.”
“You do have these little issues cropping up attached to Fujitsu and while it’s impossible to completely iron out all bugs, the frequency is a bit of a concern considering that Fujitsu tends to supply their clients with really mission-critical software and systems,” he said, noting that the company may need to increase spending on quality control.
“So while this event may be quite U.K.-specific, what’s really concerning to us is the length of time over which it persisted, and the fact that even after certain evidence did seem to emerge suggesting that there were problems with their Horizon system, it wasn’t addressed in a timely manner.”
Kato suggested potential Fujitsu clients would have “significant concerns” about this aspect of the allegations.
“While this case hasn’t necessarily attracted massive attention outside of the U.K. yet, as it drags on, this could have more negative consequences for Fujitsu, so I’m still relatively cautious about the short- to medium-term outlook until we see exactly what the total fallout is,” he added.
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Charles Liang, chief executive officer of Super Micro Computer Inc., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024. The trade show runs through June 7.
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Super Micro Computer could be headed down a path to getting kicked off the Nasdaq as soon as Monday.
That’s the potential fate for the server company if it fails to file a viable plan for becoming compliant with Nasdaq regulations. Super Micro is late in filing its 2024 year-end report with the SEC, and has yet to replace its accounting firm. Many investors were expecting clarity from Super Micro when the company reported preliminary quarterly results last week. But they didn’t get it.
The primary component of that plan is how and when Super Micro will file its 2024 year-end report with the Securities and Exchange Commission, and why it was late. That report is something many expected would be filed alongside the company’s June fourth-quarter earnings but was not.
The Nasdaq delisting process represents a crossroads for Super Micro, which has been one of the primary beneficiaries of the artificial intelligence boom due to its longstanding relationship with Nvidia and surging demand for the chipmaker’s graphics processing units.
The one-time AI darling is reeling after a stretch of bad news. After Super Micro failed to file its annual report over the summer, activist short seller Hindenburg Research targeted the company in August, alleging accounting fraud and export control issues. The company’s auditor, Ernst & Young, stepped down in October, and Super Micro said last week that it was still trying to find a new one.
The stock is getting hammered. After the shares soared more than 14-fold from the end of 2022 to their peak in March of this year, they’ve since plummeted by 85%. Super Micro’s stock is now equal to where it was trading in May 2022, after falling another 11% on Thursday.
Getting delisted from the Nasdaq could be next if Super Micro doesn’t file a compliance plan by the Monday deadline or if the exchange rejects the company’s submission. Super Micro could also get an extension from the Nasdaq, giving it months to come into compliance. The company said Thursday that it would provide a plan to the Nasdaq in time.
A spokesperson told CNBC the company “intends to take all necessary steps to achieve compliance with the Nasdaq continued listing requirements as soon as possible.”
While the delisting issue mainly affects the stock, it could also hurt Super Micro’s reputation and standing with its customers, who may prefer to simply avoid the drama and buy AI servers from rivals such as Dell or HPE.
“Given that Super Micro’s accounting concerns have become more acute since Super Micro’s quarter ended, its weakness could ultimately benefit Dell more in the coming quarter,” Bernstein analyst Toni Sacconaghi wrote in a note this week.
A representative for the Nasdaq said the exchange doesn’t comment on the delisting process for individual companies, but the rules suggest the process could take about a year before a final decision.
A plan of compliance
The Nasdaq warned Super Micro on Sept. 17 that it was at risk of being delisted. That gave the company 60 days to submit a plan of compliance to the exchange, and because the deadline falls on a Sunday, the effective date for the submission is Monday.
If Super Micro’s plan is acceptable to Nasdaq staff, the company is eligible for an extension of up to 180 days to file its year-end report. The Nasdaq wants to see if Super Micro’s board of directors has investigated the company’s accounting problem, what the exact reason for the late filing was and a timeline of actions taken by the board.
The Nasdaq says it looks at several factors when evaluating a plan of compliance, including the reasons for the late filing, upcoming corporate events, the overall financial status of the company and the likelihood of a company filing an audited report within 180 days. The review can also look at information provided by outside auditors, the SEC or other regulators.
Last week, Super Micro said it was doing everything it could to remain listed on the Nasdaq, and said a special committee of its board had investigated and found no wrongdoing. Super Micro CEO Charles Liang said the company would receive the board committee’s report as soon as last week. A company spokesperson didn’t respond when asked by CNBC if that report had been received.
If the Nasdaq rejects Super Micro’s compliance plan, the company can request a hearing from the exchange’s Hearings Panel to review the decision. Super Micro won’t be immediately kicked off the exchange – the hearing panel request starts a 15-day stay for delisting, and the panel can decide to extend the deadline for up to 180 days.
If the panel rejects that request or if Super Micro gets an extension and fails to file the updated financials, the company can still appeal the decision to another Nasdaq body called the Listing Council, which can grant an exception.
Ultimately, the Nasdaq says the extensions have a limit: 360 days from when the company’s first late filing was due.
A poor track record
There’s one factor at play that could hurt Super Micro’s chances of an extension. The exchange considers whether the company has any history of being out of compliance with SEC regulations.
Between 2015 and 2017, Super Micro misstated financials and published key filings late, according to the SEC. It was delisted from the Nasdaq in 2017 and was relisted two years later.
Super Micro “might have a more difficult time obtaining extensions as the Nasdaq’s literature indicates it will in part ‘consider the company’s specific circumstances, including the company’s past compliance history’ when determining whether an extension is warranted,” Wedbush analyst Matt Bryson wrote in a note earlier this month. He has a neutral rating on the stock.
History also reveals just how long the delisting process can take.
Charles Liang, chief executive officer of Super Micro Computer Inc., right, and Jensen Huang, co-founder and chief executive officer of Nvidia Corp., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024.
Annabelle Chih | Bloomberg | Getty Images
Super Micro missed an annual report filing deadline in June 2017, got an extension to December and finally got a hearing in May 2018, which gave it another extension to August of that year. It was only when it missed that deadline that the stock was delisted.
In the short term, the bigger worry for Super Micro is whether customers and suppliers start to bail.
Aside from the compliance problems, Super Micro is a fast-growing company making one of the most in-demand products in the technology industry. Sales more than doubled last year to nearly $15 billion, according to unaudited financial reports, and the company has ample cash on its balance sheet, analysts say. Wall Street is expecting even more growth to about $25 billion in sales in its fiscal 2025, according to FactSet.
Super Micro said last week that the filing delay has “had a bit of an impact to orders.” In its unaudited September quarter results reported last week, the company showed growth that was slower than Wall Street expected. It also provided light guidance.
The company said one reason for its weak results was that it hadn’t yet obtained enough supply of Nvidia’s next-generation chip, called Blackwell, raising questions about Super Micro’s relationship with its most important supplier.
“We don’t believe that Super Micro’s issues are a big deal for Nvidia, although it could move some sales around in the near term from one quarter to the next as customers direct orders toward Dell and others,” wrote Melius Research analyst Ben Reitzes in a note this week.
Super Micro’s head of corporate development, Michael Staiger, told investors on a call last week that “we’ve spoken to Nvidia and they’ve confirmed they’ve made no changes to allocations. We maintain a strong relationship with them.”
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