Three-on-a-match and then some: another failure of taxpayer cash give-away policy

The list of failures is growing for the Williams administration give-aways of public money to businesses.

In late 2008, Progress Software received $325,000 in an interest free loan from the Williams administration.  The company was supposed to add 10 new software engineering positions to the company’s operation in St. John’s.

The company closed its St. John’s office less than 18 months later without adding any new employees.  NTV and the Telegram reported the story this month but neither version is available online.

According to the Telegram, the provincial government is looking for the money back.  The company has agreed to repay it but to date there’s no sign of any cash.

The story is all too familiar. 

In May, the Telegram reported that Kodiak received an $8.0 million interest free loan of taxpayer cash from the same government fund – the Business Attraction Fund -  to add 75 new positions at its boot-making factory in Harbour Grace.  Instead, the company slashed its workforce.

There’s no word on whether the provincial government has sought repayment of any of that money at all.

Bond Papers readers will recall SAC Manufacturing.  That company went belly up a mere four months after it received a total of $675,000 in taxpayer cash from the provincial government. 

According to the province’s auditor general, the money would likely have to be written off.  In late 2009, though, the provincial government’s audited financial statements still showed the shares in SAC manufacturing and in another failed company on its books as assets.  That fourth company – Consilient – figured prominently in an auditor general’s report criticising the way the Williams administration hands out business development cash.

Fortunately for taxpayers, sometimes these deals fall apart before the company gets the cash.Last month, taxpayers watched  - likely with jaws agape - as natural resources minister Kathy Dunderdale entertained a proposal from a bankrupt company seeking $52 million to take over the defunct paper mill at Grand Falls-Windsor.  Neither Dunderdale nor her officials seemed to know what was going on until the story broke about the bankruptcy and the company withdrew its offer.

The litany of failure stands in stark contrast to the 1995 EDGE program.  At a cost to date of $17 million, the program has produced between 1500 and 1600 jobs.

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Dead companies still on government asset books

The provincial government is still carrying shares in two dead companies on its books as assets even though the companies are now out of business and the chances of recovering any cash from them is virtually non-existent.

A total of $1.0 million in shares in Consilient and SAC Manufacturing are still listed as investments in Volume II of the Public Accounts, the audited financial statements for the provincial government.

SAC Manufacturing went out of business less than six months after the provincial government injected a half million dollars into that company.

Consilient, a high technology company, went bankrupt last year. it was featured in a report by the province’s auditor general on investments that, among other things, lacked adequate documentation and security.

Unlike past years, the Public Accounts section that includes these companies doesn’t contain any notes on existing holdings and any new ones acquired during the year. There is only reference to $3.3 million being available to write-off bad investments. 

There is no indication any of the investments have been written off. 

That’s despite a note in the 2008 audited financial statements which said the half million dollars for SAC Manufacturing would be written off over a year ago:

During 2006-07, the Province acquired 500 Class “B”Common shares at a cost of $500,000. Commencing in June 2007,
these shares are conditionally redeemable based on after tax earnings. All shares must be redeemed no later than 19 December 2016.

During 2007-08, the company ceased operations and, as there is now no reasonable prospect for redemption of these shares, the full amount of the investment has been included in the provision for investment write-downs.

That’s not the only peculiarity in the recent work by the auditor general about one of these companies. 

An omnibus report on previous audits, released in November 2009, made up the recommendation related to original audit.  The report replaced the original list of five suggested changes and actions with one that wasn’t made originally.  The AG then reported that the innovation department was making progress on the phony recommendation.

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Taxpayer cash in mysterious company unrecoverable

The provincial government will have to write off  upwards of $675,000 in taxpayers money sunk into a mysterious company in 2006 according to notes in the government’s audited financial statements for 2007.

In January 2008, Bond Papers first told you about $500,000 of taxpayer’s money given to a company called SAC Manufacturing and over the weeks after that the Telegram’s Rob Antle dug deeper.

The province’s innovation department released more details on the commercialization program to the Telegram once the SAC fiasco broke in the news.  SAC received the largest grant possible even though, as the innovation minister acknowledged at the time, the company reportedly had “cash flow issues.”

There’s was no news release about the money at all and when questioned on it later, then-innovation minister Trevor Taylor could not explain why his department didn’t issue a news release on the investment.

Antle reported the company received a provincial government loan of $175,000.  In December 2006, the company received a half million under the provincial government’s commercialization program.  Four months later the company had closed its Paradise, NL offices and relocated to Alberta.  By September 2007, the company had ceased operating.

There was no notation on the company’s failure in last year’s audited financial statements even though they were finished around the time the company went under and released to the public six months after it ceased operation.

There’s been no mention of the investment in either the 2007 or 2008 auditor general’s report.

SAC Manufacturing supposedly had developed a natural gas compressor but no other details have ever been made public.

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Not my department:

The provincial government’s innovation department achieved almost all its targeted reduction in “red tape” during the fiscal year ending March 2008.

They killed 22% towards the goal of a 25% reduction.

Innovation Trade and Rural Development, the people who never learned google, did it the old fashioned bureaucratic way.  They didn’t actually eliminate the sorts of pointless, redundant bureaucratic obstacles imposed by government departments that the reduction initiative  is aimed at.

Nope.

These clever innovators shuffled responsibility for 731 “regulatory requirements” – whatever that is – off to another government department.

Human Resources, Labour and Employment is now the proud owners of 731 regulations.

RED TAPE REDUCTION

In 2005 the Provincial Government introduced a Red Tape Reduction Initiative to reduce regulatory burdens for the business community by 25 per cent within three years. INTRD originally identified 6,692 business
regulatory requirements but that number was reduced by 731 when the Provincial Nominee Program was moved to HRLE. The Department has achieved a 22 per cent reduction and expects to attain the additional three per cent within the required timeframe. INTRD is committed to ensuring high-service standards with its clients and the public.

That little piece of "innovation" only took three years to figure out.

The year before that, the department focused on finding issues with what the red tape reduction was really all about:  counting up the number of lines of forms and seeing if there were creative ways of collapsing the number of lines.  They weren’t concerned so much with reducing the actual amount of information gathered, mind you, just the number of specific lines it took to collect the information. 

RED TAPE REDUCTION

To support the Province’s initiative to reduce red tape and regulatory road blocks for the business community by 25 per cent, the Department conducted a full inventory of its programs. INTRD identified 6,692 business regulatory requirements – 80 per cent of which were various funding program forms. INTRD reviewed all forms as well as the departmental processing system looking for ways to simplify the forms, eliminate
duplication and make processing more effective and consistent for clients and staff. During 2006–07, the Department reduced the number of regulatory requirements by 20.6 per cent.

An earlier external review of INTRD’s programs found a high client–approval rating for the Department’s response time and service. A departmental review in 2006–07 explored ways to benchmark the major–funding
approval process. A report to recommend clear standards for client services is nearing completion.

Oddly enough, the 2007-08 HRLE annual report doesn’t mention any red tape reduction.

But notice that in 2006-07, the department was proud that its clients gave it high marks.  Well, they should. Companies like SAC Manufacturing got cash and folded four months later, apparently with very little security left for the public cash they took. Over a half million dollars of public cash. No mention of SAC in the 2007-08 annual report, though. 

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SAC one of largest investments under new program

SAC Mfg, the defunct natural gas company, received one of the largest provincial government investments under its commercialization program, according to a report by Rob Antle in Saturday's Telegram.

SAC received $500,000 - the maximum possible - from the program in December 2006 but ceased operations in September 2007 after relocating to Alberta. Since 2006, the provincial government has spent $2.6 million in investments of varying sizes in local ventures.

SAC is the only company of the 10 to fail. The others are going concerns, some with highly successful products and services being marketed globally.

SAC is also the only investment from this program in which the provincial government took shares. Similar investments, i.e. equity stakes, in three other operations - Blue Line, Consilient and Orphan Industries - occurred in 2005.

Of the other investments, only NewLab Clinical Research also received the maximum. NewLab recently announced the company's merger with Newfound Genomics, another local company doing similar or compatible research.

VMT - Virtual Marine Technology - received $450,000. The company provides training simulators for lifeboat operators. Data Sentinel, which markets a USB-based computer data backup storage system, received $400,000.

Northern Radar of St. John's received $374,900 from the provincial government in February 2007. It manufactures a locally-developed high frequency surface wave radar system marketed by Raytheon. The company has one sale in Sri Lanka with others confirmed or pending, according to media reports earlier this year.

A development and acquisition program with the Department of National Defence was cancelled in 2006. A research program is pending but the Government of Canada is planning an open tender call which would see the radar developer compete with other companies to continue work on its own project. Two test and demonstration sites in Newfoundland operated for the Canadian navy have ceased operation since the project cancellation.

Superior Waterproof Coatings, of Gander, received $153,600 from the province for its exterior rubber sealant coating for residential and commercial buildings.

St. John's-based Jackman Brand Marketing received $125,000. No details of any of the investments were reported in the Telegram. [Corrected:] Mediclink received $57,900. The company develops and markets practice management software for optometrists and optic stores.

Dockside Appetizers received $31,000 and [corrected] a car safety apparatus for pets called Koby Seat received $2,132.

Only three of the 10 projects were announced publicly. Two other announcements are pending, according to the Telegram.

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Fed agency suing SAC for loan

Transcontinental's Rob Antle reported today that the federal Business Development Bank of Canada (BDC) is suing SAC Manufacturing over a $150,000 loan the defunct natural gas company received from BDC in February 2006.

The provincial government is also reportedly moving to secure $675,000 it invested in the failed venture. The province loaned the company $175,000 in early 2006 and a further $500,000 in December 2006. The directors of the company moved to Alberta four or five months later and notified the province in September 2007 the company lacked funding to continue operations. BDC alleges SAC defaulted on over $134,000 remaining on its loan in November 2007.

As Antle reported:

The province says it has moved to take action to recover its $675,000. Officials said they have security for the province’s investment, in the form of assets, personal guarantees and an equity stake.

The company directors had personal guarantees for the BDC loan as well. There are no assets of the company left in Newfoundland and Labrador, at least in terms of real property, and the equity stake - in the form of Class B shares - is really only worth anything if there are company assets to cover them.

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As innovative as a 55 gallon oil drum

Since we first introduced you to SAC Manufacturing - here and here - the Telegram has taken up the story and added interesting new details (see below).

VOCM makes it sound like the provincial government is looking for the cash rather than trying to avoid noting that the cash is missing in the first place but hey, that's a whole other story.

Anyway, the Telly confirmed that the company went under, a fact the provincial government knew in September 2007 yet for some bizarre reason, apparently failed to disclose to the Auditor General while he was doing the Public Accounts.

AG John Noseworthy included mention of Hebron and some other changes long after the close of the fiscal year he was auditing that looked rosy for the books, but this little story somehow escaped attention.

However, since the company shares could be worthless, the AG really should have listed that fact in the notes to his audited financial statements.

Somewhere.

And he might well have done so.

If he knew.

But in order for him to know, the people who did have the information would have to pass it along.

And apparently they didn't.

Just like they never issued a news release on the $500,000 equity position the provincial taxpayers took in a little company no one heard of. Not like say, Consilient or Blue Line both of whom received a similar equity injection. Or Orphan Industries and it's nearly $1.0 million of provincial cash.

Oh and don't forget that like those other equity stakes, this $500,000 equity position was decided and approved by cabinet.

And for another example, the Telly discovered that the province's $500,000 was in addition to a $175,000 loan dropped into the mysterious company the year before.

And for another example, the Telly quotes the province's innovation minister admitting his department was aware the company had "cash flow issues" and that there were other problems with the company yet dropped the cash in anyway.

Interesting his explanation that somehow SAC Mfg had an innovative product and therefore the cabinet invested in it.

That's interesting because some further digging in the oil patch turned up some people who were familiar with the SAC idea. While they didn't know all the details, these experienced industry players, referred to the concept as a pressure vessel for natural gas, in other words a form of compressor like the industry already uses in several forms.

Or like an oil drum?

Exactly.

Or as one of them put it: as innovative as a 55 gallon oil drum.

If that's the case, the market basically gets its 55 gallon drums from the people who can produce them at high speed at the lowest price. Not much time consuming analysis needed on that one. Also no surprise since, as Trevor Taylor admitted, SAC is now a floater in the East River of failed Newfoundland government business ventures, due to competition from the American market. Innovative ideas don't have much competition.

The Telegram also notes that the company got the $500,000 cash in December 2006 and, as Bond Papers can now note, the directors of the company listed their house for sale the following April. The two year old home was sold within two months.

And if all that wasn't odd for you, try comparing innovation minister Trevor Taylor's comments about SAC to what he said last week about local companies and the investments the Ag criticised in his report.

Last week, Taylor was talking about the need to keep companies here through government investment rather than see them up-stakes and head to where the capital is that might just buy into this or that product.

Ok.

Except in this case, the product was aimed - as Taylor admits - at the Alberta natural gas acreage.

Alberta.

The place with lots of capital, private especially, looking for innovative ideas. As Bond has already noted, the product in this case really isn't useful locally - unlike Blue Lines energy monitor, for argument's sake - and is pretty much aimed at a niche market. Whatever SAC might have gotten around to building, it also wouldn't be a product that needed to be built here, as opposed to Alberta or Saskatchewan.

So why the heck would the provincial government drop cash into it?

That is as much a mystery as the company itself.

And as for government's explanations so far?

Well, those are about as innovative as a 55 gallon drum.

They ring about as hollow too as a brand new empty one rolling down Barter's Hill.

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The story below was also carried in The Western Star (Corner Brook). Note that some information at the back end of the piece was chopped. Note especially, though, that the headline conveys a bit of a different twist on the story than what the story itself suggests.

The Telegram

February 5, 2008, p. A1

Business

Company shut down after $675-K handout
Closure came months after infusion of tax cash

Rob Antle

A local oil industry firm ceased operations last year, just months after quietly receiving a $500,000 equity investment from the provincial government.

The province had previously provided a $175,000 loan to SAC Mfg. Inc. of Paradise. Taxpayers are now out a total of $675,000.

But Innovation Minister Trevor Taylor insisted that officials did due diligence on the company, which was working to develop a natural gas compressor for use in the Alberta oil industry.

"We knew it was a high-risk investment," Taylor told The Telegram. "We knew that the company, there were cash-flow issues ... that this was as far as we could go, and that they were going to need to change the way they were conducting their business, or get further private investment or whatever in order to be able to carry forward.

"The reason we invested in it is because it was an innovative product. It was something that was explained to us - as we understood it, based on the analysis that was done - (that) this was an unconventional piece of equipment, that if it took off, would have had a good placement in the oil industry."

There are no news releases in provincial government archives announcing or even referencing any investments in SAC Mfg. Inc. Details of the equity infusion are buried in a schedule attached to the recently-released 2006-07 public accounts.

Taylor said he didn't know why there was no news release trumpeting the SAC cash, even though his department routinely does so for other infusions of government money. "I really couldn't tell you, to be honest with you ... I don't know." But Taylor noted there was no direction from him to keep it quiet.

In early 2006, the province loaned SAC $175,000. Later that year, in mid-December, the government made a $500,000 equity investment in the
company through its new commercialization program.

But soon after SAC received the money, the company's sole two directors - Dana Clancy and Sandy Clancy - sold their Paradise home, according to records filed at the provincial Registry of Deeds. That address doubled as the contact point for the company, according to documents filed at the Registry of Companies.

The house sale went through in June 2007, less than six months after the $500,000 government investment in SAC. There is no record of the Clancys subsequently buying another house in Newfoundland and Labrador. Taylor said one of the firm's principals moved back to Alberta.

The government said it was informed in September 2007 that SAC lacked sufficient capital to continue operations, citing competition from the U.S. and downturns in selected markets.

Government officials are now examining their options to recoup the cash. Taylor acknowledged he is concerned that the company's directors left so soon after the equity investment, but defended the actions of his department.

"We don't have a crystal ball around here that we can gaze into and say, 'Oh yeah, I just saw this person selling a house six months after we gave them money.'"

The province knew SAC Mfg. Inc. was a "high-risk" venture, and decided it was "worth a shot," Taylor said, insisting that the people of Newfoundland and Labrador want the government to take such risks.

"They've asked us - as a department, and as a government - to invest in research and development, and to put our money on the line and to do our due diligence, and understand what the risks are, and understand what the benefits might be if a technology is developed."

SAC officials were not reachable for comment. Sandy Clancy's e-mail address returned messages as undeliverable. All local phone numbers associated with the firm are out of service. And SAC's website has disappeared from the Internet. In fact, its domain is not currently registered by anyone.

The Department of Innovation was slow to respond to inquiries about SAC.

The Telegram first asked about the investment on Jan. 30, following a posting on the company by Internet blogger Ed Hollett.

rantle@thetelegram.com

Province invests in natural gas...quietly

Over the past two years, the Government of Newfoundland and Labrador has quietly invested in two local companies involved in the natural gas industry, according to information in the Public Accounts, Volume II.

In 2005, the province offered Trans Ocean Gas Inc $100,000 as an interest free repayable contribution to the company's research and development activities. Up to the end of March 2007, the province had contributed $90,000 and received 18,000 Class 'B' non-voting, non-interest bearing common shares. The shares must be redeemed no later than march 22, 2015.

No news release was issued by the provincial government or Trans Ocean Gas on the deal, but there is reference to the provincial government as an investor in a news story in The Independent. The company website does list the Department of Innovation, Trade and Rural Development as having a "strategic relationship" with Trans Ocean.

In 2006, the provincial government acquired 500 Class 'B' common shares in SAC Mfg Inc at a price of $500,000. The shares are conditionally redeemable based on after tax earnings and must be redeemed no later than December 19, 2016. According to the companies registry , SAC is based in paradise, Newfoundland and has two directors: Dana Clancy and Sandy Clancy.

The Canadian Trade Index website lists the company business as "manufacture/distribute/service natural gas compression packages". The company website, sacmfg.ca, appears to be inoperative. A listing at a 2007 Alberta oil and gas show lists the company with an Alberta address which has a 100 hp compressor package designed to produce gas from wells deemed uneconomical due to high water content.

Trans Ocean is not related in any way to SAC.

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