The Daily Telegraph

Carillion executives misled markets ahead of collapse, FCA finds

- By Michael O’dwyer

CARILLION and some of its top executives recklessly misled markets as the outsourcer’s finances deteriorat­ed before it eventually collapsed into liquidatio­n in 2018, the City watchdog has found.

The firm’s demise in the face of spiralling debts sparked a wave of criticism of its executives, auditors and the Government’s reliance on private companies to deliver public services. Wolverhamp­ton- based Carillion won contracts across the public sector, working on the constructi­on of rail infrastruc­ture, providing cleaning and maintenanc­e in hospitals, and running school canteens.

The Financial Conduct Authority (FCA) has now found that a series of Carillion announceme­nts in 2016 and 2017 were misleading and did not accurately or fully reflect the firm’s financial performanc­e.

The FCA said: “They made misleading­ly positive statements about Carillion’s financial performanc­e generally and in relation to its UK constructi­on business in particular, which did not reflect significan­t deteriorat­ions in the expected financial performanc­e of that business and the increasing financial risks associated with it.”

The watchdog said it was proposing to issue a public censure against the company, rather than a financial penalty.

It did not say what sanctions it would seek to impose on the directors.

It made its findings in a warning notice issued yesterday.

The business and the directors will have an opportunit­y to make representa­tions before the regulator reaches a final decision.

The watchdog did not name the former directors facing sanctions.

The FCA f ound t hat Carillion breached market abuse regulation­s by giving false or misleading signals as to the value of the company’s shares. It also found a breach of City rules for

Uk-listed firms that required companies to take reasonable care to ensure their announceme­nts were not misleading, false or deceptive.

The accounting watchdog delivered a separate report to auditor KPMG in September outlining possible breaches of profession­al standards in the firm’s work for Carillion between 2014 and 2017.

The Financial Reporting Council will publish a final decision, which could result in a fine for the company, once

KPMG has responded to its findings. The business employed 43,000 people, including 19,500 in the UK, before it collapsed, causing thousands of job losses.

Gail Cartmail, assistant generalsec­retary of the Unite union, said: “This case demonstrat­es everything that is wrong with corporate law in the UK: a failure to act before a company collapses, very slow investigat­ions following a collapse, and then if action is taken, it is only a slap on the wrist.”

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