ASIC to investigate Future's Telstra sell off

The Australian Securities and Investments Commission (ASIC) will investigate whether the Future Fund was "tipped off" over the plan to split Telstra.

Family First Senator Steve Fielding today scored a popular goal, gaining the Senate's agreement to approve an investigation into the Future Fund's August sell-off of a third of its shares in Telstra.

"Why did the Future Fund decide to sell a huge chunk of its stake in Telstra only three and a half weeks before the Rudd Government made its announcement to break up Telstra?" Senator Fielding said in a statement today.

"Now I don't know if the Future Fund had any unfair advance notice or not, but there are certainly quite a few people out there who are sceptical."

Fielding is believed to have met with Minister for Communications Stephen Conroy prior to moving today's notice. The government did not attempt to block the motion in the Senate.

"Mum and dad investors have the right to know if the Future Fund had an unfair advantage beyond the knowledge that was already in the public domain," said Fielding.

"This inquiry is only fair to make sure all parties involved are squeaky clean and there was no funny business involved."

Whether the investigation will prove fruitful remains to be seen. Future Fund chief, Paul Costello last week faced a Senate Committee over the issue. Asked whether he knew about the separation deal and whether it was the basis for the Future Fund's decision, Costello said "it absolutely was a coincidence".

Former Howard government communications minister, Helen Coonan, said there appeared to be "an eerie silence on the part of the fund" regarding Telstra's separation.

Fielding and fellow independent Nick Xenophon are critical in the government's plan to have legislation to separate Telstra passed before the Christmas break. Both independents have expressed concern for so-called "mum and dad" investors.

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Talkback 24 comments

    Future Fund. Do your duty. Sydney Lawrence -- 27/10/09

    There was a huge overhang of Telstra shares held by the Future Fund and a sell-off, at some stage was expected.
    However, I believe that where the Future Fund Management should be castigated is the differential treatment of their complaint processes.

    When the Fund Management considered Sol was a cause of Telstra share price depression they,with Government approval, called for Sol's removal. Now with the Labor Government regulating for Telstra destruction they remain silent. Strange that, but then again the Government is happy.

    re Future Fund. Do your duty. Anonymous -- 27/10/09 (in reply to #320389731)

    Has to be investigated, no question about it.

    Once Sol was removed... mike smith -- 27/10/09 (in reply to #320389731)

    And with NBN, the breakup was predictable. And IMO a good thing. And I'm saying that as a Telstra shareholder.

    True. Vasso Massonic -- 27/10/09 (in reply to #320389736)

    Mike, I agree. Without separation would have been a perpetual regulatory hell on earth for the company. But there are civilised ways of achieving this this.

    Future Fund Simon -- 30/10/09 (in reply to #320389731)

    The Future Fund does not share your strange belief that the structural separation will have any long term detrimental effect on Telstra share value and earnings.

    Better late than never. I suppose Vasso Massonic -- 27/10/09

    This sordid affair began long before the shares sell off. In fact, it began with the intervention of the Future Fund's chairman into the company's affairs and the Minister's regulatory intimidation of a legally instituted Corporation in terms of Corporation Law without so much as a trade halt.

    I reiterate the text of my E-mail to ASIC:

    "As a Telstra shareholder, I am appalled at the treatment of my share holding in Telstra and disappointed at the inaction by our regulators.

    Australia prides itself of having an impeccable investment regulatory regime but in view of the Telstra hullabaloo. On a scale of one-to-ten, it would be lucky to score three.

    According to press reports, the Future Fund chairman David Murray said that it would be counterproductive for a declared seller of the telco's stock to comment and that it would gradually offload shares to reduce its overweight holding in the company that had dragged down its overall performance. Well, well if that is not writing on the wall, what is? Perhaps, we should also follow suit and offload our shares and switch the lights off. But wait there's more, Conroy just issued a warning to Telstra to expect tougher USO benchmarks and $10 million fines to ensure all consumers receive reliable phone services. All this whilst its competitors: iiNet, Internode, Macquarie Telecom, Netspace, Optus, Primus, TransACT and VHA are calling for its demise.

    What we have here is tantamount to the law of the jungle I experienced in Africa.

    re Better late than never. I suppose Anonymous -- 27/10/09 (in reply to #320389745)

    Did you happen to come across Stephen Conroy in Africa. I am absolutely sure he must have been swinging from the trees over there in recent years.

    No, was there pioneering before his time Vasso Massonic -- 27/10/09 (in reply to #320389765)

    But we did shake some trees when we needed to engage branch managers of his calibre.

    it becomes clearer Anonymous -- 27/10/09 (in reply to #320389788)

    so thats where you found sol, phil and the banditos. i thought they were mexicans, not africans. there ya go hey.

    New name? Anonymous -- 27/10/09

    So has ZDNet taken over the disgraceful old NWAT site, or at least some of the chief cowboys?

    More seriously, its good to have all those natural humourists like Sydlala, Vasso etc providing the same entertainment they have for so long, though your one shot script is getting pretty monotonous, guys.

    Remember, an original thought never hurt anybody, so fell free to try breaking away from the Great Monopolist and start using some common sense.

    @ New name RS -- 27/10/09 (in reply to #320389787)

    Yes it would appear so.

    Fortunately, unlike NWAT though, where Telstra trigger happy moderaters had Syd, Vasso and two others (who aren't here - by name anyway - so I won't mention them) on the protected species list, here their lies will not be protected.

    The truth will set you free. Sydney Lawrence -- 27/10/09

    Sorry if we bore you Anonymous but the truth is all we've got.

    Ah the truth through greedy eyes! RS -- 27/10/09 (in reply to #320389796)

    As I said all along $ydney, not all TL$ $hareholders, just a few, are totally engulfed and their complete senses clouded by greed. Here's what the humans ones say.

    http://www.zdnet.com.au/news/communications/soa/ASIC-to-investigate-Future-s-Telstra-sell-off/0,130061791,339299222,00.htm#320389736

    Why don't you sell the shares and join the rest of us (like your fellow shareholder from the link) here in reality, $ydney?

    It's a place where the truth is not just a word but an actual!

    Future Fund's sell off of Telstra Clive A Lincoln -- 28/10/09

    Anybody who has traded shares on stock markets would wonder why the Future Fund suddenly sold off a substantial holding in Telstra one day before the shares went ex dividend. On 20th August Telstra shares were trading at $3.69. On the 21st August The Future Fund sold approximately 4,100,000,000 (4.1 billion) shares at $3.49. Had the Future Fund delayed their sell off for one day the Fund would have been entitled to the 14 cent per share dividend fully franked, representing 20 cents per share (a dividend of $820 million was foregone by selling on the 21st August). This was a gift of cash to the institutions that bought the shares which were also sold at a 20 cent per share discount to the then market price.

    Further, most institutional investors that need to sell down their holdings in any stock will not just unload such a substantial number of shares all at once. They would trickle them into the market so as not to create a sudden drop in the share price - which is exactly what happened when the Future Fund sold off a large percentage of their holdings. The share price dropped to from $3.69 to $3.34 the day following the Future Fund's sell off. The share price continued to fall to as low as $3.11 on the 16th October as a result of this sudden sell off by the Future Fund.

    Is there is a 'legal eagle' out there who will institute a class action against the managers of the Future Fund for having being instrumental in Telstra shareholders suffering this substantial loss in value?

    The Government is demanding that Telstra separate its retail and wholesale divisions. This is likely to further reduce shareholder value. The Government of Australia sold Telstra to the public in three tranches. It ought to do the right thing now and buy back Telstra at a price based upon the average price at which they sold Telstra to the public ( $3.30; $7.40; $3.60). Most existing Telstra shareholders will be happy to receive $4.77 per share right now. Then, when the Government owns Telstra again they can do what they like for the benefit of all Australians and not disadvantage the present shareholders as their demands will do.

    re Future Fund's sell off of Telstra Howards End -- 28/10/09 (in reply to #320389873)

    If your dates and figures are correct, then a thorough investigation of what the Future Fund have done, has got to be carried out, and in the finest detail. It certainly would appear that something terribly suspicious and underhand has taken place, and that there are rats in the system somewhere.

    Or Davo -- 30/10/09 (in reply to #320389921)

    or you guys don't have a clue and are just shooting the breeze? Maybe Murray was just pissed at Telstra and wanted some sport? Maybe he thought the dividend would be lower and was anticipating the price drop to 3.11?

    @ Future fund RS -- 28/10/09 (in reply to #320389873)

    The future Fund sold 684.4 million Telstra shares not 4.1 billion, at $3.47 not $3.49 and 684.4 million x 14c div equals just over $95.8m not $820m! Refer below to the official Future Fund/ Government doc.

    If you can't even get the basics right, the rest of your comment really can't be taken seriously, can it, Clive? So to answer Howards (Mike's) End's question, no the figures aren't correct.

    http://docs.google.com/gview?a=v&q=cache:g-KYVE7WxSIJ:www.futurefund.gov.au/__data/assets/pdf_file/0003/3396/Telstra_sell-down_media_release_FINAL_200809.pdf+future+fund+sells+telstra&hl=en&gl=au&sig=AFQjCNF-2NxProeFeOsL2sDw1PoPHSkWOA

    The Future Funds said they would be selling down their stake long ago. But imagine had they waited and sold on the ex-div date. With TLS going 14c ex-div and the future funds selling down, panic would have set in and the shares would have been decimated. This was the best way, to "save the shareholders from massive losses". It's all they could do. And as for picking up $95.8m (not $820m) by going 14c ex div, the share price would (theoretically anyway) lose 14c as people sell out with the div, so really they lost nothing!

    re Future Fund's sell off of Telstra Anonymous -- 29/10/09 (in reply to #320389873)

    So what do you say to RS, following his reply.

    POQ RS. Anonymous -- 30/10/09 (in reply to #320390016)

    I say BS RS SFA RFN and until he starts to talk some sense.

    Anonymous acronymn fool RS -- 30/10/09 (in reply to #320390146)

    Even when the facts are laid out in front of him the portfolio will not let him see.

    Glad I annoy you and those shares, fool.

    re Anonymous acronymn fool Anonymous -- 01/11/09 (in reply to #320390155)

    You annoy everyone, you stupid prick.

    Lol RS -- 01/11/09 (in reply to #320390308)

    No you are the only one who comes back everyday and replies with your childish, Telstra share stupidity Mike, But again you are a hoot, lol...

    There once was a greedy fool... named Ne wIn

    Stupidly thought Telstra shares a shoe-in

    "If you knew what I paid you'd cry"

    Was his repetitive lie

    This clown...doesn't know what he's doin'

    Lol Anonymous -- 01/11/09 (in reply to #320390314)

    Well it doesn't get anymore childish than that. Mummy and Daddy must be so proud of you.

    @Lol Ne win RS -- 01/11/09 (in reply to #320390330)

    There once was a pauper name Mike

    Greedy TLS shareholder... if you like

    But he's with Optus to the end

    Says he gets a 14% TLS dividend

    You keep makin' a fool of yourself... tyke

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