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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Boaz Weinstein, founder and chief investment officer of Saba Capital Management, during the Bloomberg Invest event in New York, US, on Wednesday, June 7, 2023.
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Boaz Weinstein, the hedge fund investor on the winning side of JPMorgan Chase’s $6.2 billion, “London Whale” trading loss in 2011, is now taking on index fund giant BlackRock.
On Friday, Weinstein‘s Saba Capital detailed in a presentation seen by CNBC its plans to push for change at 10 closed-end BlackRock funds that trade at a significant discount to the value of their underlying assets compared to their peers. Saba says the underperformance is a direct result of BlackRock’s management.
The hedge fund wants board control at three BlackRock funds and a minority slate at seven others. It also seeks to oust BlackRock as the manager of six of those ten funds.
“In the last three years, nine of the ten funds that we’re even talking about have lost money for investors,” Weinstein said on CNBC’s “Squawk Box” earlier this week.
At the heart of Saba’s “Hey BlackRock” campaign is an argument around governance. Saba says in its presentation that BlackRock runs those closed-end funds the “exact opposite” way it expects companies to run themselves.
BlackRock “is talking out of both sides of its mouth” by doing this, Saba says. That’s cost retail investors $1.4 billion in discounts, by Saba’s math, on top of the management fees it charges.
BlackRock, Saba says in the deck, “considers itself a leader in governance, but is crushing shareholder rights.” At certain BlackRock funds, for example, if an investor doesn’t submit their vote in a shareholder meeting, their shares will automatically go to support BlackRock. Saba is suing to change that.
A BlackRock spokesperson called that assertion “very misleading” and said those funds “simply require that most shareholders vote affirmatively in favor.”
The index fund manager’s rebuttal, “Defend Your Fund,” describes Saba as an activist hedge fund seeking to “enrich itself.”
The problem and the solution
Closed-end funds have a finite number of shares. Investors who want to sell their positions have to find an interested buyer, which means they may not be able to sell at a price that reflects the value of a fund’s holdings.
In open-ended funds, by contrast, an investor can redeem its shares with the manager in exchange for cash. That’s how many index funds are structured, like those that track the S&P 500.
Saba says it has a solution. BlackRock should buy back shares from investors at the price they’re worth, not where they currently trade.
“Investors who want to come out come out, and those who want to stay will stay for a hundred years, if they want,” Weinstein told CNBC earlier this week.
Weinstein, who founded Saba in 2009, made a fortune two years later, when he noticed that a relatively obscure credit derivatives index was behaving abnormally. Saba began buying up the underlying derivatives that, unbeknownst to him, were being sold by JPMorgan’s Bruno Iksil. For a time, Saba took tremendous losses on the position, until Iksil’s bet turned sour on him, costing JPMorgan billions and netting Saba huge profits.
Saba said in its investor deck that the changes at BlackRock could take the form of a tender offer or a restructuring. The presentation noted that BlackRock previously cast its shares in support of a tender at another closed-end fund where an activist was pushing for similar change.
At the worst-performing funds relative to their peer group, Saba is seeking shareholder approval to fire the manager. In total, BlackRock wants new management at six funds, including the BlackRock California Municipal Income Trust (BFZ), the BlackRock Innovation and Growth Term Trust (BIGZ) and the BlackRock Health Sciences Term Trust (BMEZ).
“BlackRock is failing as a manager by delivering subpar performance compared to relevant benchmarks and worst-in-class corporate governance,” the deck says.
If Saba were to win shareholder approval to fire BlackRock as manager at the six funds, the newly constituted boards would then run a review process over at least six months. Saba says that in addition to offering liquidity to investors, its board nominees would push for reduced fees and for other unspecified governance fixes.
A BlackRock spokesperson told CNBC that the firm has historically taken steps to improve returns at closed-end funds when necessary.
“BlackRock’s closed-end funds welcome constructive engagement with thoughtful shareholders who act in good faith with the shared goal of enhancing long-term value for all,” the spokesperson said.
Weinstein said Saba has run similar campaigns at roughly 60 closed-end funds in the past decade but has only taken over a fund’s management twice. The hedge fund sued BlackRock last year to remove that so-called “vote-stripping provision” at certain funds and filed another lawsuit earlier this year.
BlackRock has pitched shareholders via mailings and advertisements. “Your dependable, income-paying investment,” BlackRock has told investors, is under threat from Saba.
Saba plans to host a webinar for shareholders on Monday but says BlackRock has refused to provide the shareholder list for several of the funds. The BlackRock spokesperson said that it has “always acted in accordance with all applicable laws” when providing shareholder information, and that it “never blocked Saba’s access to shareholders.”
“What we want is for shareholders, which we are the largest of but not in any way the majority, to make that $1.4 billion, which can be done at the press of a button,” Weinstein told CNBC earlier this week.
WATCH: CNBC’s full interview with Saba Capital’s Boaz Weinstein
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