Ultimatecarpage.com, or UCP, is an automotive website that primarily serves as a databank of cars. The page also contains coverage of many car shows or car events yearly, as well as updates of new car entries to the market. Updates on the site occur about one or two times a week.
History
Ultimatecarpage.com was created in 1998 by Netherlander Wouter Melissen as a databank of cars and as a news service covering premiere auto events such as the International Geneva Motor Show and racing events such as the 24 Hours of Le Mans.
Forums were added in 2003 and discussion in the forums centres around cars and car-related news.
Database
As of March 1, 2007, UCP had over 2,000 cars, 250 makes, and 15,000 images. The database can be searched by car, country/make, or by type of car (racing, prototype). Each entry has at least one picture and a write-up including vital statistics such as drivetrain and performance information.
Breaking News
UCP has been responsible for presenting automotive development news such as the exclusive online release of the Ferrari P4/5, as seen on . This car buzzed through the world auto news like wildfire in 2006, and with the personal relationship with the car's owner UCP was involved in this development from the beginning.
Forums
UCP forums use the vBulletin system to operate. Visitors can either browse the forums (at any given time, most users on the page are guests), sign up, or become a paid subscriber. UCP as of March 1, 2007 has over 25,000 threads, 650,000 posts, and 2,500 active members from all over the world.
The multimedia subforum entitled "Matt's Hi-Res Hideout", named after forum member Matt and affectionately referred to as "The Hideout" by forum members, contains more than 3000 threads of high-resolution automotive pictures, covering nearly every variety of automobile available. It is one of the largest fully public, high-resolution image galleries on the internet. The Hideout is not restricted to images of automobiles alone, with aircraft, trains and even phones making an appearance.
As for Members, there are two categories: supporting membership and the free membership. Supporting members are allowed bigger avatars, the ability to have a custom user title and access to private "premium forums", but this comes at a cost. Free members get titles based on posts ranging from Rookie to Fanatic.
Forum Jokes
As of 2007, there are several ongoing jokes on the forum including the Volkswagen 1.8T engine versus various supercars, the Pontiac Bonneville nicknamed "Auto-X-Bonne", and "fAkE FanBoy SpeECh."
Egg Nog Test
A ritual in the forums is that any member who claims ownership of a car must prove it by performing the Egg Nog test. The Egg Nog test is relatively simple — wrap a piece of paper with the username around the shifter and post pictures of it.
History
Ultimatecarpage.com was created in 1998 by Netherlander Wouter Melissen as a databank of cars and as a news service covering premiere auto events such as the International Geneva Motor Show and racing events such as the 24 Hours of Le Mans.
Forums were added in 2003 and discussion in the forums centres around cars and car-related news.
Database
As of March 1, 2007, UCP had over 2,000 cars, 250 makes, and 15,000 images. The database can be searched by car, country/make, or by type of car (racing, prototype). Each entry has at least one picture and a write-up including vital statistics such as drivetrain and performance information.
Breaking News
UCP has been responsible for presenting automotive development news such as the exclusive online release of the Ferrari P4/5, as seen on . This car buzzed through the world auto news like wildfire in 2006, and with the personal relationship with the car's owner UCP was involved in this development from the beginning.
Forums
UCP forums use the vBulletin system to operate. Visitors can either browse the forums (at any given time, most users on the page are guests), sign up, or become a paid subscriber. UCP as of March 1, 2007 has over 25,000 threads, 650,000 posts, and 2,500 active members from all over the world.
The multimedia subforum entitled "Matt's Hi-Res Hideout", named after forum member Matt and affectionately referred to as "The Hideout" by forum members, contains more than 3000 threads of high-resolution automotive pictures, covering nearly every variety of automobile available. It is one of the largest fully public, high-resolution image galleries on the internet. The Hideout is not restricted to images of automobiles alone, with aircraft, trains and even phones making an appearance.
As for Members, there are two categories: supporting membership and the free membership. Supporting members are allowed bigger avatars, the ability to have a custom user title and access to private "premium forums", but this comes at a cost. Free members get titles based on posts ranging from Rookie to Fanatic.
Forum Jokes
As of 2007, there are several ongoing jokes on the forum including the Volkswagen 1.8T engine versus various supercars, the Pontiac Bonneville nicknamed "Auto-X-Bonne", and "fAkE FanBoy SpeECh."
Egg Nog Test
A ritual in the forums is that any member who claims ownership of a car must prove it by performing the Egg Nog test. The Egg Nog test is relatively simple — wrap a piece of paper with the username around the shifter and post pictures of it.
Lord Balkoth is a fictional character from the Lords of Magic series based on a PC game and serves as the main antagonist in the plot. Balkoth is an Arch Demon that was summoned by Golgoth, the Lord of Death, to herald the coming days of darkness having deemed that the world of Urak was ripe for another era of terror and bloodshed.
Lord Balkoth was once a minor lord of the Elves. He lived more than a thousand years ago, born during the Seventh Rising. There was a prophecy that a White creature would turn Dark during this Rising, but of course it had been long forgotten by the time Balkoth came into the world. The blackness had wrapped around his heart when he was but a child. By the time he reached the Age of Sentience he had built a following of other elves who had been seduced by the terrible beauty of the darkness. He yearned for power and control, and appealed to Golgoth for help. He and his Dark Elf minions vowed their lives to their god if he would but grant them the power to subjugate and possess the world. Balkoth and his followers conducted a blood ritual involving the slaughter of hundreds of innocents from all the races of Urak within the Temple of Death. This so pleased Golgoth that he granted Balkoth Demonhood together with the power and authority to lead the armies of Death against all of Urak.
Balkoth the Destroyer now began his campaign of death. He led the Dark Elves and others who ascribed to the Black Religions against the powers of Life and the Elements. Town after town shattered under his onslaught, and the mortal beings who stood against him fell by the thousands. But standing against him were the lords of Urak. They battled Balkoth, and in a frenzy of death and destruction trapped his soul inside the Great Amulet of Darkness.
As the horrors of the Battle of Golgoth and the War of Balkoth faded through the centuries, Urak became ripe for another onslaught from the powers of Darkness. Five hundred years have passed since Balkoth was cast into the Amulet, but even that great stretch of time meant nothing to the powers of Evil. Golgoth had returned and freed Balkoth from his eternal prison to lead the forces of Darkness in a final campaign against all of Urak.
Balkoth is Golgoth’s most favored disciple and leads the armies of Death against all the other seven faiths of Urak. His armies consist mainly of Dark Elves and the Undead. Death magic is arguably one of the most potent forces on the face of Urak, boasting spells which corrupt the very land, which kill instantaneously or which raise the fallen to serve.
Lord Balkoth is truly a force to be reckoned with. He cannot be effectively categorized into any of the three main classes of Lords in Urak, despite his title as Necromancer Lord, but rather is an amalgamation of the three. Having spent a millennium perfecting his power and abilities, Balkoth combines the strength and resilience of the Warrior together with the range and agility of the Rogue as well as the sheer power and intellect of the Mage. In addition to his already formidable repertoire of skills, Balkoth rides to battle atop his steed – a fearsome giant bat, granting him the ability of flight – an ability that no other Lord of Urak possess.
As Golgoth’s most favored, Lord Balkoth was granted an artifact of legendry power that was named in his honor – Balkoth’s Scythe. The scythe can only be wielded by the Dark Lord alone, granting him vampirism, the ability to claim the souls of his victims – killing them instantly, the innate ability to summon a locust swarm upon his foes and dark crystal generation. The artifact is bound to Balkoth’s very soul and grows in power with it’s master.
The player’s role in Lords of Magic is to unite the faiths and ultimately defeat Lord Balkoth in combat, a daunting task, in order to restore peace to Urak. Having once defeated the Dark Lord however, will make Balkoth and the Death faith open to selection in future battles where the player will be able to take up the cause of Golgoth to purge Urak of all goodness and plunge the land into eternal darkness.
Note: The account of Lord Balkoth given is taken from "The Story of Urak" as told by Balathustrius, found in the Lords of Magic game manual, as well as from actual gameplay.
fr:Lord Balkoth
Lord Balkoth was once a minor lord of the Elves. He lived more than a thousand years ago, born during the Seventh Rising. There was a prophecy that a White creature would turn Dark during this Rising, but of course it had been long forgotten by the time Balkoth came into the world. The blackness had wrapped around his heart when he was but a child. By the time he reached the Age of Sentience he had built a following of other elves who had been seduced by the terrible beauty of the darkness. He yearned for power and control, and appealed to Golgoth for help. He and his Dark Elf minions vowed their lives to their god if he would but grant them the power to subjugate and possess the world. Balkoth and his followers conducted a blood ritual involving the slaughter of hundreds of innocents from all the races of Urak within the Temple of Death. This so pleased Golgoth that he granted Balkoth Demonhood together with the power and authority to lead the armies of Death against all of Urak.
Balkoth the Destroyer now began his campaign of death. He led the Dark Elves and others who ascribed to the Black Religions against the powers of Life and the Elements. Town after town shattered under his onslaught, and the mortal beings who stood against him fell by the thousands. But standing against him were the lords of Urak. They battled Balkoth, and in a frenzy of death and destruction trapped his soul inside the Great Amulet of Darkness.
As the horrors of the Battle of Golgoth and the War of Balkoth faded through the centuries, Urak became ripe for another onslaught from the powers of Darkness. Five hundred years have passed since Balkoth was cast into the Amulet, but even that great stretch of time meant nothing to the powers of Evil. Golgoth had returned and freed Balkoth from his eternal prison to lead the forces of Darkness in a final campaign against all of Urak.
Balkoth is Golgoth’s most favored disciple and leads the armies of Death against all the other seven faiths of Urak. His armies consist mainly of Dark Elves and the Undead. Death magic is arguably one of the most potent forces on the face of Urak, boasting spells which corrupt the very land, which kill instantaneously or which raise the fallen to serve.
Lord Balkoth is truly a force to be reckoned with. He cannot be effectively categorized into any of the three main classes of Lords in Urak, despite his title as Necromancer Lord, but rather is an amalgamation of the three. Having spent a millennium perfecting his power and abilities, Balkoth combines the strength and resilience of the Warrior together with the range and agility of the Rogue as well as the sheer power and intellect of the Mage. In addition to his already formidable repertoire of skills, Balkoth rides to battle atop his steed – a fearsome giant bat, granting him the ability of flight – an ability that no other Lord of Urak possess.
As Golgoth’s most favored, Lord Balkoth was granted an artifact of legendry power that was named in his honor – Balkoth’s Scythe. The scythe can only be wielded by the Dark Lord alone, granting him vampirism, the ability to claim the souls of his victims – killing them instantly, the innate ability to summon a locust swarm upon his foes and dark crystal generation. The artifact is bound to Balkoth’s very soul and grows in power with it’s master.
The player’s role in Lords of Magic is to unite the faiths and ultimately defeat Lord Balkoth in combat, a daunting task, in order to restore peace to Urak. Having once defeated the Dark Lord however, will make Balkoth and the Death faith open to selection in future battles where the player will be able to take up the cause of Golgoth to purge Urak of all goodness and plunge the land into eternal darkness.
Note: The account of Lord Balkoth given is taken from "The Story of Urak" as told by Balathustrius, found in the Lords of Magic game manual, as well as from actual gameplay.
fr:Lord Balkoth
Ectorallin (commonly know as Ektorallin or Wette Salemon) is the technique in music which is used in the creation of melodies or harmonies and has a profound effect on the emotions of the listener. Ectorallin has been used in music of all genres for centuries. It was thought that secret societies (such as the Stone Masons) or musicians (such as Mozart) have "discovered the secrets of pulling on the heart strings”. Ectorallin has many effects on the emotions of the listener, and can almost change the entire paradime or way a person's mind views things.
What is Ectorallin and How is it Used?
What is it?
Ectorallin is the way that certain forms of music (often orchestral or folk, but also includes modern music as well) make listeners “feel good” or feel “inspired” or “wobbly” (Jarrod Clayman). The two most common types are Cliché 134 (commonly in rock music) and Modulatory (commonly found in all forms of music), but many others are commonly used too.
How is it Used?
Ectorallin generally only happens to certain people, with particularly musical ears, however it can be trained with practice. It occurs when the composer is trying out putting together different intervals of notes and they have a certain desire to make a “feel good” melody/harmony. From the beginning, the subconscious will work on by itself, forming different melodies/harmonies without the conscious mind. When the conscious mind is not particularly thinking of the tunes, however, the subconscious mind often is thinking of the tune. Once the right melody/harmony is found (commonly followed by the "aha - I've got it" feeling). However, the time taken to compose a heartfelt/feel good tune can take any amount of time.
Many artists have clicked into Ectorallin and have composed tunes and songs that trigger a range of different emotions. It is considered that once an artist can click into Ectorallin, whenever they like, they can trigger off any emotion with music.
Forms of Ectorallin
The two most common types of ectorallin are the:
* Cliché 134 (ie: 1-b3-4) – Use of the first three notes of the minor pentatonic scale. Is often used for melodies as well as harmonies. Melody usage eg: Joker and the Thief – Wolfmother. Harmony usage eg: Forget the Sun - Counterfuge
* Modulatory (eg: 1-b3-b7) – Use of having a minor melody or chord that changes into a major change. Eg: Glasgow Kiss by John Petrucci and Roads to Naelod (Tairon Saga) by Ivory.
* Folkorally – Often used in English and Irish folk music. Often consists of fast paced guitar playing, flute playing or violin playing. The percussion is often a single drum, however there have been other additions. There are no set intervals as of yet. The emotion given is often “feel good”. Songs such as Mist – John Butler Trio.
* Folkery – A slower version of Folkorally, giving the same feeling. The feeling has been described as “Inspirational” and “…almost feels butterflys.” Eg: Instrumental section in In the Presence of Enemies – Dream Theater.
* Saddari – Also slightly similar to Folkery, Saddari is when a melody and(or) harmonies mix together to give the feeling of “saddening” or “changing”. Mostly, Saddari melodies are slow-medium paced.
Known Uses of Ectorallin
** Mozart is thought to have used it in his composition of “Requiem”
** Eric Clapton has slightly used Ectorallin in a few of his songs
** Dream Theater (and John Petrucci as a solo artist) has commonly used Ectorallin in many songs.
** Mason Williams considerably used Ectorallin in “Classical Gas”
** Counterfuge are widely known to use Ectorallin in their compositions
** Pink Floyd’s use of instruments, harmonies and melodies would often give an Ectorallin feel about many of their songs.
** Mike Oldfield created Tubular Bells with many melodies using Ectorallin
What is Ectorallin and How is it Used?
What is it?
Ectorallin is the way that certain forms of music (often orchestral or folk, but also includes modern music as well) make listeners “feel good” or feel “inspired” or “wobbly” (Jarrod Clayman). The two most common types are Cliché 134 (commonly in rock music) and Modulatory (commonly found in all forms of music), but many others are commonly used too.
How is it Used?
Ectorallin generally only happens to certain people, with particularly musical ears, however it can be trained with practice. It occurs when the composer is trying out putting together different intervals of notes and they have a certain desire to make a “feel good” melody/harmony. From the beginning, the subconscious will work on by itself, forming different melodies/harmonies without the conscious mind. When the conscious mind is not particularly thinking of the tunes, however, the subconscious mind often is thinking of the tune. Once the right melody/harmony is found (commonly followed by the "aha - I've got it" feeling). However, the time taken to compose a heartfelt/feel good tune can take any amount of time.
Many artists have clicked into Ectorallin and have composed tunes and songs that trigger a range of different emotions. It is considered that once an artist can click into Ectorallin, whenever they like, they can trigger off any emotion with music.
Forms of Ectorallin
The two most common types of ectorallin are the:
* Cliché 134 (ie: 1-b3-4) – Use of the first three notes of the minor pentatonic scale. Is often used for melodies as well as harmonies. Melody usage eg: Joker and the Thief – Wolfmother. Harmony usage eg: Forget the Sun - Counterfuge
* Modulatory (eg: 1-b3-b7) – Use of having a minor melody or chord that changes into a major change. Eg: Glasgow Kiss by John Petrucci and Roads to Naelod (Tairon Saga) by Ivory.
* Folkorally – Often used in English and Irish folk music. Often consists of fast paced guitar playing, flute playing or violin playing. The percussion is often a single drum, however there have been other additions. There are no set intervals as of yet. The emotion given is often “feel good”. Songs such as Mist – John Butler Trio.
* Folkery – A slower version of Folkorally, giving the same feeling. The feeling has been described as “Inspirational” and “…almost feels butterflys.” Eg: Instrumental section in In the Presence of Enemies – Dream Theater.
* Saddari – Also slightly similar to Folkery, Saddari is when a melody and(or) harmonies mix together to give the feeling of “saddening” or “changing”. Mostly, Saddari melodies are slow-medium paced.
Known Uses of Ectorallin
** Mozart is thought to have used it in his composition of “Requiem”
** Eric Clapton has slightly used Ectorallin in a few of his songs
** Dream Theater (and John Petrucci as a solo artist) has commonly used Ectorallin in many songs.
** Mason Williams considerably used Ectorallin in “Classical Gas”
** Counterfuge are widely known to use Ectorallin in their compositions
** Pink Floyd’s use of instruments, harmonies and melodies would often give an Ectorallin feel about many of their songs.
** Mike Oldfield created Tubular Bells with many melodies using Ectorallin
Westpoint Financial Services was a Property Development Company that called for people to invest in their organisation, at the promise of great returns and wealth creation. Some 3000 people ranging from Retirees to Young Families did indeed invest with Westpoint, many after soliciting advice from Financial Planners, and instead of the financial boost this investment promised to offer, it bought financial ruin to many. The company collapsed in late 2005 owing these 3000 investors more than $300 million. (Cooper 2006, 28)
My intention in this essay is to discuss the ethical behaviour of all the parties involved in Westpoint and those of the Financial Planners, and try to gain an understanding of this most serious company collapse. First I will discuss the facts of the case and offer a timeline which goes through the events of the collapse, as without these we cannot truly have an understanding of this situation.
The facts
The money from the investors was raised through promissory notes, offering a 12% return, in mezzanine companies, such as The Ann Street Mezzanine, The York Street Mezzanine and The Emu Brewery Mezzanine, from 2001-2004. The notes were sold through Financial Planners who were paid high commissions; the money received was supposed to be used for residential projects i.e. apartment buildings in Melbourne and Perth but was funnelled through separate companies to sustain other projects. (McCarthy and Charles 2006, 27)
The timeline of Collapse
*• May, 2004 – ASIC acts on mezzanine finance structure and questions as to whether the promissory notes offered by the Emu Brewing Mezzanine Company should have been offered as debentures and why a PDS or prospectus was not issued by Westpoint.
*• November, 2005 – ASIC commences legal proceedings to wind up the York Street mezzanine due to significant shortfall in assets over liabilities.
*• December, 2005 – ASIC seeks appointment of provisional liquidator for the Ann Street mezzanine and an application for a company wind up on the grounds of insolvency.
*• January, 2006 – Westpoint appoints Taylor Woodings as voluntary administrator.
*• February, 2006 – Perth Federal Court orders wind up of Westpoint following ASIC application.
*• March, 2006 – ASIC orders the assets of Westpoint directors to be frozen. This includes Norm Carey, Graeme Rundle, John Dixon and Cedric Palmer Beck.
*• April, 2006 – ASIC commences proceeding to have the Cinema City Mezzanine Pty Ltd wound up.
*• December, 2006 – First criminal charges are bought against Neil Burnard. He is alleged to have raised investor funds on behalf of Westpoint by his company Kebbel (NSW) Pty Ltd. ASIC alleged that he “engaged in dishonest conduct in the course of carrying on a financial services business, namely providing financial product advice, by representing to investors that ‘Kebbel Investment Bank’ existed when in fact no such entity existed” (Information for Westpoint Group Investors 2006) .ASIC had previously obtained orders from the Supreme Court of NSW to prevent Mr. Burnard leaving the country, and to surrender his passports. This was done in urgency after ASIC learned Mr Burnard had in fact boarded a plane to the USA; he was however refused entry into the USA and was sent back to Australia.
*• December, 2006 – an urgent application by ASIC is made to the Supreme Court of NSW against Ms Jennifer Lee Robbins, wife of Neil Burnard and BDI Pty Ltd. Orders were made to prevent both Ms Robbins and BDI from selling any properties without first giving ASIC 14 days notice.
*• September, 2007 – Mr Neil Burnard is committed to stand trial on 11 charges bought by ASIC.
In a Statement made by the ASIC Chairman Tony D’Aloisio (2007) it has further been revealed that, since May 2007 ASIC is investigating 2 unlicensed Financial Planners, 6 licensed Financial Planners and 5 authorised representatives. An article in The Advertiser from September 21st 2007 explains that 2 Financial Planners have now been banned by ASIC from offering financial advice, due to the advice they gave to clients in relation to Westpoint. Annemieke De Boer of Shenton Park WA has been banned for life and Glenn Davis from Point Cook VIC has been banned for 5 years. (Advisors banned over Westpoint involvement 2007)
What did ASIC do to prevent this?
ASIC has been heavily criticised for not doing enough to protect the interests of the investors, however they claimed they were unable to stop Westpoint from issuing the promissory notes, that they had a lack of power in this instance and that it was the responsibility of Financial Planners to inform the investors of the risks, not ASIC. They were told in 2002 of about the controversial notes but only acted in 2004 when they became aware of insolvency within the group. (McCarthy and Charles 2006, 27)
Ethical Concepts
Ethics refers to standards about what is right and what is wrong and what we ought to do; in terms of benefits to society, fairness and obligations to others. It is also a study and development of our own ethical standards. (Velasquez et al 1987)
There are many concepts within the study of business ethics, I have chosen to discuss three that are most relevant to the Westpoint story, these, are dirty hands, teleopathy and stakeholders.
*The concept of dirty hands is highly relevant to the collapse of Westpoint. It is widely accepted that if you are in business that you will at some point have to get you hands dirty, but does our own moral compass not regulate this?
The Financial Planners that recommended Westpoint to their clients, at a fee, are surely guilty of having dirty hands. Although the majority of blame lies with the directors; Norm Carey, Graeme Rundle, John Dixon and Cedric Palmer Beck, several of the Financial Planners (who let us not forget have since been charged or otherwise reprimanded by the courts) knowingly gave poor advice to those who knew no better, and collected a nice fat fee for giving it.
These qualified men and women, who have an understanding of basic Economics and Finance, would have known, just by looking into the mezzanine companies and promissory notes that this company was not operating properly and there was something wrong. But still they told their clients to invest their money with Westpoint and that they would be much better off from doing so. I am certainly not advocating Westpoint’s directors, for they above all else knew they would fail with this scheme, but there are other people whose hands are just as dirty as theirs.
*The second concept relevant here is that of teleopathy. Goodpaster (2004 1-8) explains teleopathy to be an unbalanced pursuit of organisational goals, and in it’s most serious of forms can lead to the deferral of our own ethical awareness in a decision making process.
He explains that it affects perception, reasoning and action in the way we see things. When this happens, the way we look at things and pursue that which is important, can be myopic.
Can we say that in the pursuit of wealth and success the directors of Westpoint were indeed suffering from teleopathy? They of all knew that the mezzanine companies were unstable; they of all knew that the money that was coming in from Mum and Dad investors was not, as was promised in their glossy brochures and fancy seminars, going toward building apartments across Australia, but was being funnelled through their company to prop up other projects. (McCarthy and Charles 2006, 27)
Let us please not use this concept of teleopathy to excuse these men, but instead let us use it to understand why people in the business world can behave in a manner that is dishonest, that is unlawful and that is unethical.
*The third and final concept I will examine is that of the Stakeholder. Grace and Cohen (2007, 53) define the stakeholder as “a group or individual who can affect, or is affected by, the achievement of the corporations purpose”. We can identify some poignant stakeholders of Westpoint
*• The employees of Westpoint – all of whom lost their jobs as a result of the collapse
*• The investors of Westpoint – all of whom lost their money as a result of the collapse.
*• The Directors – who were responsible for the collapse
*• The Financial Planners – who certainly affected Westpoint by advising their clients to invest.
*• The community – each and every one of us, we have a legitimate interest in how businesses earn a profit and as such we were all affected by the collapse.
This entire group was affected by Westpoint and its collapse, either directly like the employees and the investors or indirectly like the community. So did Westpoint fail in its social responsibility to its stakeholders? I believe we can find that they did.
Grace and Cohen (2007, 68) sum this concept up well in that it calls attention to other people that are affected by a company decision. It also gives shows us a way to comprehend two assumptions in society:
*1. People have a right to be told about things that will be done to them and have any risks presented to them.
*2. People should be asked for their consent before an action is taken that will affect them, be it that they are third parties, like the community or directly affected like the employees
In summary:
Being an ethical person is not the same as being a lawful person. We have found that the directors of Westpoint and the Financial Planners involved were neither.
I hope by writing this paper I have not only shed some light on the ethical implications of the Westpoint collapse but also reached at least one person that reads this, and hopefully by us all gaining a greater understanding of such a spectacular financial collapse we will not see Australian investors so badly burnt again.
My intention in this essay is to discuss the ethical behaviour of all the parties involved in Westpoint and those of the Financial Planners, and try to gain an understanding of this most serious company collapse. First I will discuss the facts of the case and offer a timeline which goes through the events of the collapse, as without these we cannot truly have an understanding of this situation.
The facts
The money from the investors was raised through promissory notes, offering a 12% return, in mezzanine companies, such as The Ann Street Mezzanine, The York Street Mezzanine and The Emu Brewery Mezzanine, from 2001-2004. The notes were sold through Financial Planners who were paid high commissions; the money received was supposed to be used for residential projects i.e. apartment buildings in Melbourne and Perth but was funnelled through separate companies to sustain other projects. (McCarthy and Charles 2006, 27)
The timeline of Collapse
*• May, 2004 – ASIC acts on mezzanine finance structure and questions as to whether the promissory notes offered by the Emu Brewing Mezzanine Company should have been offered as debentures and why a PDS or prospectus was not issued by Westpoint.
*• November, 2005 – ASIC commences legal proceedings to wind up the York Street mezzanine due to significant shortfall in assets over liabilities.
*• December, 2005 – ASIC seeks appointment of provisional liquidator for the Ann Street mezzanine and an application for a company wind up on the grounds of insolvency.
*• January, 2006 – Westpoint appoints Taylor Woodings as voluntary administrator.
*• February, 2006 – Perth Federal Court orders wind up of Westpoint following ASIC application.
*• March, 2006 – ASIC orders the assets of Westpoint directors to be frozen. This includes Norm Carey, Graeme Rundle, John Dixon and Cedric Palmer Beck.
*• April, 2006 – ASIC commences proceeding to have the Cinema City Mezzanine Pty Ltd wound up.
*• December, 2006 – First criminal charges are bought against Neil Burnard. He is alleged to have raised investor funds on behalf of Westpoint by his company Kebbel (NSW) Pty Ltd. ASIC alleged that he “engaged in dishonest conduct in the course of carrying on a financial services business, namely providing financial product advice, by representing to investors that ‘Kebbel Investment Bank’ existed when in fact no such entity existed” (Information for Westpoint Group Investors 2006) .ASIC had previously obtained orders from the Supreme Court of NSW to prevent Mr. Burnard leaving the country, and to surrender his passports. This was done in urgency after ASIC learned Mr Burnard had in fact boarded a plane to the USA; he was however refused entry into the USA and was sent back to Australia.
*• December, 2006 – an urgent application by ASIC is made to the Supreme Court of NSW against Ms Jennifer Lee Robbins, wife of Neil Burnard and BDI Pty Ltd. Orders were made to prevent both Ms Robbins and BDI from selling any properties without first giving ASIC 14 days notice.
*• September, 2007 – Mr Neil Burnard is committed to stand trial on 11 charges bought by ASIC.
In a Statement made by the ASIC Chairman Tony D’Aloisio (2007) it has further been revealed that, since May 2007 ASIC is investigating 2 unlicensed Financial Planners, 6 licensed Financial Planners and 5 authorised representatives. An article in The Advertiser from September 21st 2007 explains that 2 Financial Planners have now been banned by ASIC from offering financial advice, due to the advice they gave to clients in relation to Westpoint. Annemieke De Boer of Shenton Park WA has been banned for life and Glenn Davis from Point Cook VIC has been banned for 5 years. (Advisors banned over Westpoint involvement 2007)
What did ASIC do to prevent this?
ASIC has been heavily criticised for not doing enough to protect the interests of the investors, however they claimed they were unable to stop Westpoint from issuing the promissory notes, that they had a lack of power in this instance and that it was the responsibility of Financial Planners to inform the investors of the risks, not ASIC. They were told in 2002 of about the controversial notes but only acted in 2004 when they became aware of insolvency within the group. (McCarthy and Charles 2006, 27)
Ethical Concepts
Ethics refers to standards about what is right and what is wrong and what we ought to do; in terms of benefits to society, fairness and obligations to others. It is also a study and development of our own ethical standards. (Velasquez et al 1987)
There are many concepts within the study of business ethics, I have chosen to discuss three that are most relevant to the Westpoint story, these, are dirty hands, teleopathy and stakeholders.
*The concept of dirty hands is highly relevant to the collapse of Westpoint. It is widely accepted that if you are in business that you will at some point have to get you hands dirty, but does our own moral compass not regulate this?
The Financial Planners that recommended Westpoint to their clients, at a fee, are surely guilty of having dirty hands. Although the majority of blame lies with the directors; Norm Carey, Graeme Rundle, John Dixon and Cedric Palmer Beck, several of the Financial Planners (who let us not forget have since been charged or otherwise reprimanded by the courts) knowingly gave poor advice to those who knew no better, and collected a nice fat fee for giving it.
These qualified men and women, who have an understanding of basic Economics and Finance, would have known, just by looking into the mezzanine companies and promissory notes that this company was not operating properly and there was something wrong. But still they told their clients to invest their money with Westpoint and that they would be much better off from doing so. I am certainly not advocating Westpoint’s directors, for they above all else knew they would fail with this scheme, but there are other people whose hands are just as dirty as theirs.
*The second concept relevant here is that of teleopathy. Goodpaster (2004 1-8) explains teleopathy to be an unbalanced pursuit of organisational goals, and in it’s most serious of forms can lead to the deferral of our own ethical awareness in a decision making process.
He explains that it affects perception, reasoning and action in the way we see things. When this happens, the way we look at things and pursue that which is important, can be myopic.
Can we say that in the pursuit of wealth and success the directors of Westpoint were indeed suffering from teleopathy? They of all knew that the mezzanine companies were unstable; they of all knew that the money that was coming in from Mum and Dad investors was not, as was promised in their glossy brochures and fancy seminars, going toward building apartments across Australia, but was being funnelled through their company to prop up other projects. (McCarthy and Charles 2006, 27)
Let us please not use this concept of teleopathy to excuse these men, but instead let us use it to understand why people in the business world can behave in a manner that is dishonest, that is unlawful and that is unethical.
*The third and final concept I will examine is that of the Stakeholder. Grace and Cohen (2007, 53) define the stakeholder as “a group or individual who can affect, or is affected by, the achievement of the corporations purpose”. We can identify some poignant stakeholders of Westpoint
*• The employees of Westpoint – all of whom lost their jobs as a result of the collapse
*• The investors of Westpoint – all of whom lost their money as a result of the collapse.
*• The Directors – who were responsible for the collapse
*• The Financial Planners – who certainly affected Westpoint by advising their clients to invest.
*• The community – each and every one of us, we have a legitimate interest in how businesses earn a profit and as such we were all affected by the collapse.
This entire group was affected by Westpoint and its collapse, either directly like the employees and the investors or indirectly like the community. So did Westpoint fail in its social responsibility to its stakeholders? I believe we can find that they did.
Grace and Cohen (2007, 68) sum this concept up well in that it calls attention to other people that are affected by a company decision. It also gives shows us a way to comprehend two assumptions in society:
*1. People have a right to be told about things that will be done to them and have any risks presented to them.
*2. People should be asked for their consent before an action is taken that will affect them, be it that they are third parties, like the community or directly affected like the employees
In summary:
Being an ethical person is not the same as being a lawful person. We have found that the directors of Westpoint and the Financial Planners involved were neither.
I hope by writing this paper I have not only shed some light on the ethical implications of the Westpoint collapse but also reached at least one person that reads this, and hopefully by us all gaining a greater understanding of such a spectacular financial collapse we will not see Australian investors so badly burnt again.