Sino-Forest just another example of Chinese fraud

According to news reports (NY Times and Toronto Star), the once highly traded Chinese forestry company Sino-Forest has come under the examination by the Ontario Securities Commission for "fraudulently inflating its revenue and exaggerating the extent of its timber holdings."

The story follows a general trend that has become all too normal. Corporations attempt to inflate their earnings and value through shady accounting and off-sheet intermediaries.  The purpose, just as in other notable cases, is to exploit ignorant investors into the next so-called big thing. 

In Canada, the obvious comparison is Bre-X, a Canadian mining company that claimed that it discovered copious reserves of gold within Indonesia, during the mid-90's.  Independent investigations into the company's claims found that their initial findings were falsified.  The collapse of Bre-X lead to billions of dollars in losses for institutional investors, including $45 million for the Ontario Municipal Employees Retirement board, $70 million of the Quebec Public Sector Pension fund, and $100 million for the Ontario Teachers Pension Plan.  No criminal charges have ever been laid in this debacle.

The American corollary is of course Enron, the company that defined the roaring 90's and the incipient corporate crime wave that has made a complete mockery of Anglo-American capitalism.   It was discovered that the company had created numerous offshore entities that were used "for planning and avoidance of taxes, raising the profitability of a business."  The totality of the expansive fraud committed by management and energy-traders resulted at the time the largest Chapter-11 bankruptcy in the history of the USA, the collapse of the accounting firm Arthur Anderson, and the introduction of the Sarbanes-Oxley Act of 2002.

In the case of Sino-Forest, in June 2011 it was described by Muddy Waters Research, an investment research firm, that the company was a “multibillion-dollar Ponzi scheme” that was “accompanied by substantial theft.”  In addition,

A reporter for The Globe and Mail of Toronto subsequently spent two weeks visiting various properties ostensibly owned or controlled by Sino-Forest and its subsidiaries. It proved to be a trek that frequently led him to nonexistent addresses and empty offices. Like Muddy Waters, the newspaper also found evidence that Sino-Forest had greatly inflated the size of its forestry assets.

The accountants of Sino-Forest, Ernst Young Canada, at this moment are conveniently being given distance from the fiasco, by being allowed to claim "geographical and cultural differences" in understanding the Chinese market.  Given that Sino-Forest's management and operations are all in China, it raises the question whether Canadian accountants and regulators have the competence and ability to protect investors from unscrupulous foreign operations.

According to Forbes magazine, the SEC and PCAOB have been reviewing companies that operate in China but are traded in American markets and have found similar situations.

In the past six months alone, more than 25 New York-listed Chinese companies have disclosed accounting discrepancies or seen their auditors resign. In the process, questions have been raised about the strength of governance and financial oversight at many small-cap Chinese companies. In the past year, Nasdaq and NYSE Euronext have halted trading in the shares of more than 20 small and micro-cap Chinese companies. Five Chinese companies have been de-listed.

As bad as corporate governance is in North America, the Chinese are considerably worst in providing independent and qualified directors.  In the case of Sino-Forest, none of the directors had any experience in the forestry industry or competentence in risk management.

As for Canada, it is obvious that the Ontario Securities Commission is clearly incapable to adequately investigating all the corporate crime that potentially exists under its mandate.  Richard Powers, a business law professor at the University of Toronto, has stated that situations like Sino-Forest will force regulators to evaluate the, "practice of letting companies acquire dormant shell companies to list on the stock exchange."  Until governments get serious about giving teeth and muscle to financial regulators, fraud -whether it emanated domestically or via foreign nationals- will only continue to persist to the detriment of the market as a whole.