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Conflicts of Interest

Tobacco, alcohol and weaponry – here’s where some of the state’s investment has been flowing

The majority of the money is tied to Ireland’s sovereign-wealth fund.

http://www.thejournal.ie/isif-investment-alcohol-arms-tobacco-2-2950666-Aug2016/

ALMOST €35 MILLION in taxpayers’ funds is invested in the alcohol, tobacco, aerospace and defence industries through the state’s sovereign-wealth pools.

But new figures for the National Treasury Management Agency (NTMA), which oversees the nation’s investments, show the share of funds put into the sectors has been falling – declining from €45 million at the end of 2014.

The organisation, which manages the Irish Strategic Investment Fund (ISIF), had a total exposure to the industries of €34.5 million as of June this year, according to new figures provided to Fora.

The bulk of the NTMA’s equity investments in the alcohol, tobacco and defence industries relate to the ISIF, which was set up with the remainder of the National Pension Reserve Fund after its predecessor was raided to keep the banks afloat during the financial crisis.

The ISIF has a mandate to make investments on a commercial basis, with one of its stated aims to “support economic activity and employment in Ireland”.

Its total portfolio was worth €21.3 billion at the end of June, with €355 million committed to support SMEs and another €447 million going towards venture funds.

Tobacco and alcohol

According to the NTMA’s recently published annual report, the state held more than €7.2 million in both quoted equity and debt instruments for Philip Morris, British American Tobacco and other major tobacco firms.

The state also has small equity investments in international companies involved in the development of armaments, such as Canadian group Bombardier, French firms Thales and Boeing, and the US’s Airbus Group and United Technologies.

The NTMA’s investments in the companies are made through fund managers, rather than the organisation actively selecting the firms or industries.

The report said the organisation’s largest single investment last year was in Irish Water, with a €450 million loan facility provided to the semi-state company – €300 million of which was drawn down by the end of 2015.

Ethical investment

Earlier this year, NTMA chief executive Conor O’Kelly told the Dáil’s Public Accounts Committee that armaments is the organisation’s only restricted investment category.

The ISIF’s ethical investment policy for armaments is mainly influenced by its commitment to the UN Principles for Responsible Investment, but this policy does not stop its funds going into the sector altogether.

Under the UN guidelines, the ISIF is required to carry out investments on an ‘active-ownership basis’, which means it does not have to rule out any companies as long as it works to improve their environmental, social and governance policies.

In response to a parliamentary question last year, however, Finance Minister Michael Noonan revealed that the NTMA has excluded 14 companies from its list of possible investments – although he did not list the banned firms.

These exclusions were made to ensure the state complied with Irish legislation prohibiting the support of companies that developed cluster munitions and anti-personnel mines.

Meanwhile in April, the ISIF said it was committed to putting more money into medium-sized Irish companies over the next four years. The fund has made direct investments in mobile analytics firm Swrve and life sciences investment outfit Malin, among others.

ISIF director Eugene O’Callaghan revealed the sovereign wealth fund expected to pledge in excess of €750 million to Irish businesses and funds over the course of 2016.

This would bring increase its total commitments to almost €3 billion.

Written by Killian Woods and posted on Fora.ie

Pay Close Attention to What’s in Your Ethical Fund

ESG and environmental investing booms to $223 billion

Lack of standards for what counts as ethical starts G-20 probe

http://www.bloomberg.com/news/articles/2016-08-24/anything-goes-with-ethical-funds-holding-exxon-to-big-tobacco

Thinking of putting your money into a fund that describes itself as ethical? You’d better read the fine print if backing Exxon Mobil Corp. and British American Tobacco Plc isn’t your idea of doing good.

The oil company accused of misleading investors by hiding evidence about climate change and Europe’s biggest cigarette maker are among the holdings of some of the 30 biggest funds that invest following environmental or social governance guidelines, according to data compiled by Bloomberg.

While some funds are strict about supporting only clean-energy producers, others buy securities from Big Oil to Big Tobacco along with consumer brands such as Unilever and Facebook Inc. The wide range of holdings is the result of each institution deciding on its own what meets the ethical threshold. Loosening that definition has helped ethical investing grow about 80 percent over the past five years to $223 billion, data compiled by Bloomberg show.

“The industry hasn’t done itself many favors in making sure people understand what’s what,” said Charlie Thomas, who manages 950 million euros ($1 billion) under Jupiter’s Ecology funds, which exclude oil and tobacco in favor of companies that have a solution for environmental issues. “The challenge that we have as a sector is to be very clear with the investor so they know what they’re actually buying. Not all ethical funds are the same.”

green-goes-mainstream

There’s no agreed definition on what an ethical fund should be. That has allowed to mushroom the number of funds saying they support companies guided by standards on environmental and social governance. There are no set criteria for how companies report performance on those metrics, and no regulator like the Securities and Exchange Commission has set out rules.

The looseness of the system is a concern to the Group of 20 nations, which asked a panel led by Bank of England Governor Mark Carney to draw up a proposal for voluntary reporting standards that companies could follow if they chose. That’s likely to offer best practices to companies and accounting firms that draw up sustainability reports and release data through organizations such as the non-profit CDP and Bloomberg.

ESG fund strategies range from excluding only companies they score the worst in their industries on specific metrics to including only the best of their class. Some seek to spur change by working as activist shareholders. A few will invest only in companies that benefit the environment. The only way to tell the difference is to look at what the fund is holding.

No Simple Label

“There’s not a simple label you can slap on it to solve the problem,” said Greg Elders, an analyst at Bloomberg Intelligence in London tracking ESG data. “Clients think it’s a shortcut for seeing how sustainable a fund is.”

The Bloomberg survey found the number of environmentally friendly or ESG funds has more than doubled in the past decade to about 730. Of the top 30, at least six hold oil companies.

At Impax Asset Management Group, which runs a $568 million Environmental Markets fund, the number of companies that meet its rules has jumped to 1,500 from 250 in 1999, with the pool of firms eligible to be included growing to $4.1 trillion, according to Jon Forster, a portfolio manager at the firm.

Investors have benefited from the diversification of green funds. The MSCI KLD 400 Social Index has risen more than 225 percent from the March 2009 low, about as much as the S&P 500 Index. The gauge includes 400 companies, with Microsoft Corp., Procter & Gamble Co. and Verizon Communications Inc. having the biggest weightings.

Growth in the sustainable-fund business, regardless of how “green” some of its investments are, is set to continue. A boom in renewable energy investment along with tighter environmental rules and increasing interest from younger people are the main drivers, said Sarbjit Nahal, head of thematic investing at Bank of America Corp. in London.

“The word I would stress is ‘mainstream,’” Nahal said. “There’s been a huge change towards taking longer-term issues into account. This is a space that you want to be in.”

Here are some of the top 30 ESG funds that hold oil and tobacco:

TIAA-CREF Social Choice Equity Fund, with $2.8 billion under management
Tracks the U.S. stock market, giving “special consideration to certain social criteria,” according to the firm’s website.
Holdings as of June included Occidental Petroleum Corp., Schlumberger Ltd., ConocoPhillips, Marathon Oil Corp.

The fund’s approach is to “include companies that are ESG leaders among their industry and sector peers,” said Manica Piputbundit, an associate at TIAA Global Asset Management, which manages $889 billion including more than $18 billion in ESG funds.

KLP AksjeGlobal Indeks I, a $3.7 billion fund

Invests in stocks listed in developed markets in accordance to KLP’s guidelines for responsible investment. All coal and tobacco companies are excluded.
Holdings include Exxon, BP Plc, Monsanto Co. Exxon was excluded from 2004 until 2009, when it was involved in a bribery case.
The fund aims to achieve “positive change through active ownership,” said Annie Bersagel, responsible investment adviser at KLP.

DNB Global Indeks, a $1.4 billion fund

Avoids companies responsible for “grave harm to the environment” and that don’t meet DNB’s “minimum ethical requirements,” according to its website.

Holdings include Exxon, Chevron Corp. and mining giant BHP Billiton Ltd. Weapons, tobacco and pornography companies are excluded, as well as those miners and power producers that get 30 percent or more of their income from coal.

ACTIAM NV’s $1.3 billion Responsible Index Fund

Tracks the MSCI North America Index, investing “exclusively in shares that meet the ESG criteria, as formulated by ACTIAM,” according to its website.
Holdings include British American Tobacco and Royal Dutch Shell Plc. Weapon producers are among the companies excluded.

“There are a some products or activities that directly lead to exclusion without prior engagement, but otherwise we see exclusion as a last resort,” Maxime Molenaar, an ESG analyst at ACTIAM, said in an e-mail response to questions. “We would first try to achieve improvements in the companies’ behavior.”

Pax World Management LLC, which manages ESG funds including the $1.9 billion Pax Balanced Fund

The Balanced Fund selects the best assets from a social and environmental perspective relative to their peers, according to Pax Chief Executive Officer Joseph Keefe, who said he doesn’t see the need for more definitive criteria in ESG investing.
Holdings include Occidental Petroleum because of its high ESG ranking, based on Pax’s analysis.

“There are a variety of strategies within sustainable investing funds because there are a variety of issues that investors care about,” Keefe said. “You want to design diversified portfolios to provide investors with the opportunity to achieve market or above-market return.”

Amundi Asset Management’s Atout Euroland $1.4 billion fund.

Its goal is to outperform the MSCI Euro Index by investing at least 75 percent of its assets in euro-zone stocks based on socially-responsible and ESG criteria, in addition to financial criteria, according to the fund’s prospectus. Amundi goes by “best-in-class strategies” rather than banning specific industries, and excludes the worst ESG-rated companies in each of them, the firm said in an e-mailed response to questions.

Holdings include Shell and Repsol SA.

“A policy of investing in the most efficient and least polluting issuers and avoiding the least efficient, for example, encourages companies and sectors to improve working practices and should reward investors through exposure to the best managed businesses,” a media representative for the firm said. “Blanket bans switch off dialogue and reduce incentives for managements to change.”

The ‘ethical’ investment funds pumping millions into oil firms and big tobacco

Companies backed by the multi-billion dollar funds include Exxon Mobil which has been accused of hiding climate change science and British American Tobacco, Europes largest cigarette maker

http://www.independent.co.uk/news/business/news/exxon-mobil-british-american-tobacco-ethical-investment-funds-millions-oil-tobacco-a7208691.html

Funds are putting investors cash into companies such as BP and Exxon which have questionable ethics records Reuters

Thinking of putting your money into a fund that describes itself as ethical? You’d better read the fine print if backing Exxon Mobil and British American Tobacco isn’t your idea of doing good.

The oil company accused of misleading investors by hiding evidence about climate change and Europe’s biggest cigarette maker are among the holdings of some of the 30 biggest funds that invest following environmental or social governance guidelines, according to data compiled by Bloomberg.

While some funds are strict about supporting only clean-energy producers, others buy securities from Big Oil to Big Tobacco along with consumer brands such as Unilever and Facebook. The wide range of holdings is the result of each institution deciding on its own what meets the ethical threshold.

Loosening that definition has helped ethical investing grow about 80 per cent over the past five years to $223 billion, data compiled by Bloomberg show.

“The industry hasn’t done itself many favors in making sure people understand what’s what,” said Charlie Thomas, who manages €950 million under Jupiter’s Ecology funds, which exclude oil and tobacco in favour of companies that have a solution for environmental issues.

“The challenge that we have as a sector is to be very clear with the investor so they know what they’re actually buying. Not all ethical funds are the same.”

There’s no agreed definition on what an ethical fund should be. That has allowed to mushroom the number of funds saying they support companies guided by standards on environmental and social governance. There are no set criteria for how companies report performance on those metrics, and no regulator lhas set out rules.

The looseness of the system is a concern to the G20 nations, which asked a panel led by Mark Carney, governor of the Bank of England to draw up a proposal for voluntary reporting standards that companies could follow if they chose.

Ethical investing has grown into a $223 billion dollar business (Bloomberg)

Ethical investing has grown into a $223 billion dollar business (Bloomberg)

That’s likely to offer best practices to companies and accounting firms that draw up sustainability reports and release data through organizations such as the non-profit CDP and Bloomberg.

Ethical, Social and Governance (ESG) fund strategies range from excluding only companies they score the worst in their industries on specific metrics to including only the best of their class. Some seek to spur change by working as activist shareholders. A few will invest only in companies that benefit the environment. The only way to tell the difference is to look at what the fund is holding.

No Simple Label

“There’s not a simple label you can slap on it to solve the problem,” said Greg Elders, an analyst at Bloomberg Intelligence in London tracking ESG data. “Clients think it’s a shortcut for seeing how sustainable a fund is.”

The Bloomberg survey found the number of environmentally friendly or ESG funds has more than doubled in the past decade to about 730. Of the top 30, at least six hold oil companies.

At Impax Asset Management Group, which runs a $568 million Environmental Markets fund, the number of companies that meet its rules has jumped to 1,500 from 250 in 1999, with the pool of firms eligible to be included growing to $4.1 trillion, according to Jon Forster, a portfolio manager at the firm.

Investors have benefited from the diversification of green funds. The main ethical investing index, the MSCI KLD 400 Social Index, has risen more than 225 per cent from the March 2009 low, about as much as the S&P 500. The gauge includes 400 companies, with Microsoft, Procter & Gamble and Verizon having the biggest weightings.

Growth in the sustainable-fund business, regardless of how “green” some of its investments are, is set to continue. A boom in renewable energy investment along with tighter environmental rules and increasing interest from younger people are the main drivers, said Sarbjit Nahal, head of thematic investing at Bank of America in London.

“The word I would stress is ‘mainstream,’” Nahal said. “There’s been a huge change towards taking longer-term issues into account. This is a space that you want to be in.”

Here are some of the top 30 ESG funds that hold oil and tobacco:

TIAA-CREF Social Choice Equity Fund, with $2.8 billion under management
Occidental Petroleum
Schlumberger
ConocoPhillips
Marathon Oil
KLP AksjeGlobal Indeks I, a $3.7 billion fund
Exxon
BP
Monsanto

The fund aims to achieve “positive change through active ownership,” said Annie Bersagel, responsible investment adviser at KLP.
DNB Global Indeks, a $1.4 billion fund

Avoids companies responsible for “grave harm to the environment” and that don’t meet DNB’s “minimum ethical requirements,” according to its website.

Exxon
Chevron
Mining giant BHP Billiton
ACTIAM NV’s $1.3 billion Responsible Index Fund

Invests “exclusively in shares that meet the ESG criteria, as formulated” by itself according to its website.

British American Tobacco
Royal Dutch Shell
Pax World Management LLC, which manages ESG funds including the $1.9 billion Pax Balanced Fund
Occidental Petroleum

The Balanced Fund selects the best assets from a social and environmental perspective relative to their peers, according to Joseph Keefe, Pax Chief Executive Officer, who said he doesn’t see the need for more definitive criteria in ESG investing.

Amundi Asset Management’s Atout Euroland $1.4 billion fund
Shell
Repsol

Dirty secrets of your KiwiSaver

Find out how much your KiwiSaver has invested in cluster bombs, landmines and tobacco.

http://insights.nzherald.co.nz/article/kiwisaver-investments

The country’s largest KiwiSaver provider today announced it was reviewing client investment policies as the Herald revealed New Zealanders had unwittingly invested $152m in controversial arms manufacturers and big tobacco companies.

The launch of the Herald series looking at the Dirty Secrets of KiwiSaver also saw the Minister of Commerce concede in Parliament there were “some indications” a number of providers had broken strict laws banning investments in cluster-bomb-makers.

The investigation analysed more than 100,000 individual assets held in nearly 500 individual KiwiSaver funds looking for 169 companies blacklisted by the New Zealand Superannuation Fund. The analysis found half of KiwiSaver providers – mostly smaller boutique outfits – had avoided blacklisted investments, but more than 2 million people were unwitting investors in big tobacco companies and makers of banned weapons.

Many fund providers today defended their schemes, claiming individual investments in controversial companies – such as British American Tobacco and nuclear bomb component maker Honeywell International – were made only as part of indiscriminate investments in entire stock indices.

In total, New Zealanders were found to have $102m invested in tobacco companies, with more than half of this stake made by one fund provider – ANZ, and its OneAnswer funds. The Herald analysis ranked the ANZ pair as having invested the highest proportion of client funds into blacklisted assets

Today ANZ, the country’s largest provider managing $8.3b on behalf of 830,000 New Zealanders, announced it was reviewing its investment policies.

“ANZ Group is currently conducting a review of the governance and selection criteria of its underlying investments,” a spokesperson for the bank said.

The spokesperson said ANZ was transparent about where funds were invested, offered a specific ethical investment fund as an option, and clients were free to change funds any time they wished. The investigation also found three KiwiSaver providers had made investments worth a total of $2.3m in a trio of United States companies – Textron, General Dynamics and Northrop Grumman – blacklisted by the NZSF due to their production of cluster bombs.

New Zealand signed an international treaty banning such weapons, and in 2009 passed enabling legislation specifically forbidding investments in such companies.

Funds managed by Westpac, AMP and Aon hold shares in three companies. Aon did not respond to questions.

A spokesperson for Westpac said the bank was “not aware of any non-compliance with any legislation”.

A spokesperson for AMP said its holdings were only indirect, via unit trusts, and it was “moving to remove exposure from cluster munitions in accordance with its legal obligations”.

Minister for Commerce Paul Goldsmith told Parliament he had today requested advice on the matter and had been told by officials there were “some indications” the cluster bomb laws had been broken.

“I’ve asked for advice on that and there is some indication that the law may apply but that’s for the appropriate enforcement authority to decide whether there’s been a breach of the law,” Goldsmith said.

Goldsmith drew a contrast between issues of ethics and laws. “We expect KiwiSaver providers to follow the law, but we believe individual investors are best placed to make moral judgments,” he said.

The questions to Goldsmith came as Opposition MPs urged the Government to act on the issue.

Labour’s Grant Robertson said: “Most New Zealanders would be appalled that their KiwiSaver funds are being invested into cluster bombs and land mines.”

The Green Party’s Julie Anne Genter said default funds – which half-a-million people had enrolled in and not moved from – should be cleaned up.

“The Government should be showing strong leadership by clarifying the legality of investing in cluster munitions and landmines,” she said.

Prime Minster John Key said the Government was unlikely to further regulate the KiwiSaver sector, and the choice of fund – and where to draw lines on what was an acceptable investment – was up to individuals.

“So in the end every KiwiSaver investor, I guess, needs to look at the investments they are making and make a decision about whether that’s an ethical investment,” he said.

The Herald series will next week crunch more KiwiSaver data, particularly over performance and fees charged, to find the sector’s best performers and worst performers.

British American Tobacco ‘bribed’ police – affidavit

http://www.news24.com/SouthAfrica/News/british-american-tobacco-bribed-police-affidavit-20160816

Johannesburg – JSE-listed conglomerate British American Tobacco (BAT) and the private security firm it has contracted have been accused of running a scheme of bribing South African police officers, spying on competitors using police cameras, and even sourcing confidential business information on one of its rivals from officials in the SA Revenue Service (Sars).

The latest explosive allegations against BAT are contained in a sworn affidavit made by a former employee of Forensic Security Services (FSS), a private security outfit run by former apartheid era intelligence agent Stephen Botha.

According to the affidavit, a copy of which has been leaked online along with scores of other documents that purport to prove BAT’s unlawful spying on local competitors, BAT pays FSS about R150m a year, ostensibly to help fight the illegal cigarette trade in South Africa.

However, if the former FSS employee is to be believed, FSS, with the full blessing of senior BAT executives, had instead been running a massive unlawful spying and disruption programme aimed at ensuring it kept hold of the lion’s share of South Africa’s multi billion rand tobacco market.

Court application

The former FSS employee’s affidavit forms part of a high court application against BAT by Carnilinx, a producer and distributor of cheaper cigarette brands.

“In hindsight, the purpose of my employment was for BATSA (BAT’s South African filial) to deploy my investigative skills together with backup from corrupt SAPS and SARS officials in order to disrupt the business of BATSA’s competitors, Carnilinx being one of them,” reads an excerpt from the affidavit.

The ex FSS employee then goes on to claim, in startling detail, how BAT and FSS allegedly broke the law.

Some of the most shocking allegations contained in the affidavit include the following claims:

* BAT and FSS ran a secret bribery programme, in accordance with the strategies contained in a BAT document entitled the Project Management Plan (PMP), whereby law enforcement officials were “paid up to R5 000 a month for co-operating with FSS and BATSA in disturbing Carnilinx’s trading operations”.

The affidavit goes on to explain that police officials were often fed false information by members of FSS’s network of agents across the country, which then prompted police to harass and even arrest Carnilinx employees on suspicion of being in possession of illegal tobacco products.

“Thus, each law enforcement agent, whether it is from SARS, JMPD (Johannesburg Metropolitan Police Department) or SAPS, would be on BATSA’s informal payroll, receiving a minimum of R2 000 each per month up to R5 000 per month. Effectively, this was a bribe by BATSA to corrupt police officials who it regarded as trusted,” reads the affidavit.

* FSS ran an extensive unlawful spying programme in order to monitor Carnilinx distribution vehicles, facilities and employees. This included securing the use of an entire CCTV room at the JMPD’s CCTV monitoring facility in Johannesburg by means of an agreement with the company that manages the control rooms on behalf of the City of Johannesburg (CoJ).

“(The company running the control rooms) has made available to FSS, since approximately 2012, an entire room for FSS(‘s) sole usage which would allow FSS access to all of the City’s cameras. This then gave FSS an opportunity to obtain footage of all vehicles that were used by Carnilinx, together with their registration numbers. A special camera, camera number 5, was strategically positioned so as to allow FSS to view Carnilinx’s premises,” the ex FSS employee alleges.

* A senior SARS official, whose name is mentioned in the affidavit, was in “constant communication” with FSS staff.

“BATSA had arranged for SARS . . . to arrange regular monthly inspections at Carnilinx. During the course of the inspection, Carnilinx would deliver to SARS . . . all the production sheets, reports of production, confidential information . . . as well as sales figures,” reads the affidavit, which then goes on to claim that the SARS employee had regularly met with a FSS agent at “the Wimpy in Edenvale”, where all of Carnilinx’s business information was given to the FSS agent by the SARS official.

According to the affidavit, senior BATSA employees, all named in the document, would ultimately take possession of the Carnilinx documents.

* FSS unlawfully placed tracking devices on Carnilinx’s delivery trucks in order to track their movements. The purpose of this according to the affidavit, included “to keep a monitor on the vehicle whilst it is moving so as to communicate with the relevant law enforcement officers such as SAPS, JMPD and SARS officials to stop the truck on the highway, seize the goods and arrest the drivers”.

The ex FSS employee also explains in details how the tracking devices were put on the vehicles by a FSS operative, who is named in the affidavit, mostly at night.

“(Name of FSS employee) would wear an all-black cat suit on such occasions and all persons present with him would be required to wear gloves.”

Response

A BATSA spokesperson says the company will “under no circumstances… condone illegal behaviour”.

The company says it is “currently involved in litigation with certain manufacturers, who have made claims that some of our activities went beyond our legitimate interest in combating the illicit (tobacco) trade”.

“We are conducting an investigation with the assistance of an external law firm and if we were to find that illegal activity had occurred, we would, of course, take appropriate action,” says the spokesperson.

The company did not want to provide detailed comment on the allegations raised in the affidavit.

“. . . given that our investigation is ongoing and that some of the allegations are the subject of legal proceedings, it would not be appropriate for us to comment any further on them.

In a statement issued by its media office, Sars maintained that it “considers any alleged act of corruption, whether perceived or actual, in a serious light”. It did not respond in detail to queries around the Sars officials’ alleged involvement in providing Carnilinx’s business information to BATSA.

“The department will not dignify any enquiry based on information which you are unlawfully in possession of with a response,” said SAPS spokesperson Brigadier Mashadi Selepe.

“Any such allegations will be investigated by the authority competent to do so in accordance with the laws of our country,” added Selepe.

JMPD spokesperson Wayne Minnaar said only staff of the company that operated the CCTV facility and JMPD officers were allowed access to its CCTV rooms.

“The JMPD does not tolerate any form of bribery or corruption, as officers are expected to conduct themselves in a professional and proper manner at all times,” said Minnaar.

The FSS was approached for comment, but had not responded by time of publication.

* This article was updated at 14:30 on Tuesday to add the JMPD’s response.

Testimony: Tobacco dealer paid $30K to meet Armstrong

Robert Carter, who set up the initial meeting between state Rep. Joe Armstrong and a tobacco wholesaler, testified Wednesday in the legislator’s trial on charges of conspiracy and tax evation in the deal developed after the meeting.

http://knoxblogs.com/humphreyhill/2016/08/03/testimony-tobacco-dealer-paid-30k-meet-armstrong/#content

Carter testified Wednesday that he brokered a meeting between the veteran lawmaker and Knoxville-based tobacco wholesaler Boyd Wyatt that would ultimately lead to a deal that netted Armstrong roughly $321,000 in profit from a 2007 cigarette stamp tax hike Armstrong voted to approve.

Armstrong is standing trial this week in U.S. District Court on charges of conspiring with his accountant, Charles Stivers, to hide that profit from the IRS — and the voting public — as well as charges of tax evasion and filing a false income tax return.

Until this week, Carter’s role had not been revealed. Also kept under wraps until this week’s trial is the fact that Wyatt’s firm, Tru Wholesale, paid Carter $30,000 to set up a meeting with Armstrong.

Carter testified it wasn’t the first time he charged a “fee” for introducing people to Armstrong. The lawmaker, however, was unaware of Carter’s profiteering off his friendship with Armstrong, he said.

“Sure, he would have been mad,” Carter said of the lawmaker’s reaction if he had discovered Carter’s profiteering.

…Carter had been on the board of Tengasco Inc., an oil and natural gas company, for which Armstrong had worked since 1997, served as director in 1998 and was tapped as chairman of the board in 2003, according to an archived news release from the Knoxville-based energy firm. Stivers also had been on the Tengasco board at some point.

It’s how he and Armstrong met and why, according to defense attorney Gregory P. Isaacs, Armstrong trusted Stivers to do his taxes as far back as 1998.

Wyatt and his firm had a problem. As the exclusive wholesaler for a popular discount cigarette brand, Tru Wholesale stood to gain hundreds of thousands of dollars by hoarding tax stamps at the 20-cent rate on the books in early 2007 and then selling them to retailers at the 62-cent rate that went into effect later that year. But the state Department of Revenue, which sells the stamps, had its own problem — wholesalers were beating down the agency’s doors to buy the stamps at the cheaper rate.

So, the agency decided to ration the stamps. That meant Wyatt and his firm couldn’t buy as many as they wanted. Wyatt’s brother publicly complained to the News Sentinel in 2007 about the ration. It didn’t help.

Armstrong, according to Wyatt’s testimony Wednesday, did.

After Carter put Armstrong and Wyatt together, Armstrong arranged a meeting for Tru Wholesale with Department of Revenue officials, Wyatt testified. As a result, the wholesaler was able to buy its full allotment of the stamps and ultimately made $3 million from the tax hike, he said.

Carter dealt a blow Wednesday to Armstrong’s defense, laid out Tuesday by attorney Gregory P. Isaacs, that he believed Stivers paid the taxes Armstrong owed the IRS on his profit but that Stivers instead stole the money and falsely incriminated Armstrong to avoid punishment for his own thievery.

Carter told jurors Armstrong asked to funnel his profit from the tax stamp deal through Carter’s firm, Carter’s Warehouse, in early 2007 — before prosecutors Frank Dale and Charles Atchley Jr. allege Armstrong recruited Stivers to help him hide the money.

“I said no, he could not,” Carter testified. “I wouldn’t do that. If he used my Corp., it would be under my (federal identification number), and I won’t put it in jeopardy.”

Carter’s testimony, if believed by the jury, bolsters the prosecutors’ case Armstrong “willfully” conspired to hide his windfall from the IRS.

The doctor who beat big tobacco

When Dr Bronwyn King discovered her pension fund was investing in the cigarette companies that were killing her cancer patients, she was staggered. And she knew she had to act

https://www.theguardian.com/news/2016/aug/01/the-doctor-who-beat-big-tobacco

On Good Friday this year, Dr Bronwyn King and her husband were staying with her parents in the quiet coastal town of Torquay in Victoria, Australia. They started watching a movie – although King, as she often is, was only half-there, busily pecking at her laptop.

“AXA – news …” said the subject line of the email from a French insurance executive. “In confidentiality,” it read: “we have decided to divest tobacco … If you can, let’s discuss further. Thanks for your help.” King felt momentarily giddy. It was six years since she had sent the first of tens of thousands of hopeful, courteous but determined emails with such ends in mind. She had already persuaded 35 Australian superannuation funds, as Australians call their private pension funds, controlling nearly half the total funds under management to shun tobacco. AXA, the world’s second biggest insurer, was her greatest success yet. But she passed up a celebratory glass of wine: there was work to do, on the details and timing of the announcement. When her family turned in, they left King, as they often do, at her laptop.

Two months later at Geneva’s plush Beau Rivage Hotel, King looked out over a sea of faces, mostly delegates gathered for the World Health Assembly, and introduced her “new best friend”, AXA boss Thomas Buberl. AXA, he said, would forthwith sell €200m of tobacco stocks: there was applause. It would also, he added, run down €1.6bn of tobacco corporate bonds. There was a hush. Had he just said billion?

In an old war, a new front had opened. Tobacco kills six million people a year: the McKinsey Global Institute deems it humankind’s greatest self-generated social burden, ahead even of war and terrorism. Yet as an issue, observes King’s colleague Clare Payne, it has receded in public consciousness: “There’s this tendency for people to think: ‘Oh we’re done with tobacco, aren’t we? Everyone knows. It’s just a choice thing for people now.’ When we’re actually in an epidemic – history’s first epidemic of a non-communicable disease.”

To restore it to the headlines, then, is no mean feat. “She’s a star,” says Cary Adams, CEO of the Union for International Cancer Control, who just over a year ago put King in charge of the Global Task Force for Tobacco Divestment. It’s not a mantle that rests easily with King. All the 41-year-old oncologist at Melbourne’s Epworth Healthcare feels she’s done is take to heart her hippocratic oath, especially the injunction to “do no harm”.

Into her mid-20s, King’s career had seemed mapped out. At Fintona Girls’ School in the Melbourne suburb of Balwyn, she had been a star junior swimmer, thriving on the daily pre-dawn starts and unrelenting competition, climaxing in medals at national championships and a victory in the Pier-to-Pub, a famous open water race in Australia. On completing medical studies in 1999, she became an Australian swimming team doctor, and weighed up specialising in sports medicine and paediatrics.

In February 2001, however, King began three months as a radiation oncology resident in the lung cancer unit of Peter MacCallum Cancer hospital. She was, she confesses, a reluctant conscript. Radiation oncology, which uses giant linear accelerators to beat back advancing cancers, is a technically and emotionally challenging field of medicine, undertaken underground for the containment of its x-ray emissions, dedicated chiefly to the very sick. And sickest of all are smokers.

For King it was an education. The five-year survival rate after diagnosis for lung cancer is 15%: her job was largely to alleviate its acute associated sufferings. Most people have an image of lung cancer sufferers propped in bed subsiding gently, maybe with a bit of a cough, possibly on oxygen. The reality is very different. In a fifth of cases, for example, lung cancer metastasises to the brain, inducing paralysis and loss of cognitive function: the patient, literally, loses their mind. Death can come violently too. One morning King arrived to find the corner of a ward absent not only its bedclothes but its curtains and furnishings. The night before a patient had essentially drowned in her own blood from a burst vessel, drenching staff in her death throes. In the room were three other terrified patients who had heard the whole thing.

Almost every interaction bore witness in some way to tobacco’s toll. Taking a history from a new female patient one day, King asked her age. “I’m 43,” the woman replied. “I’m getting quite old.” It transpired that her whole immediate family had died in their 40s from smoking-related cancers. “I had this overwhelming sense of the impact of tobacco,” King recalls. “The public did not know what was going on. They didn’t know because I was a doctor and I hadn’t known. Until I worked there. I started to wish I had a television camera with me, so people could see what I was seeing.”

But so much was out of sight for a reason – to which King was first introduced by an older patient who beckoned her from his bed, looked around furtively, and whispered: “This is because of the smoking, isn’t it?” When she said it probably was, he nodded and looked away. Here were lung cancer’s little-acknowledged secondary symptoms: disgrace and shame. Where families could be relied on to rally around sufferers from breast and prostate cancer, tension surrounded those with tobacco-related illness, who were perceived as having brought cancer on themselves. This has been an unforeseen impact of the public health campaign to scare smokers straight: in a recent survey, 30% of Australians agreed with the sentiment that lung cancer patients were less deserving of sympathy than other cancer patients. “Lung cancer has become the syphilis of the 21st century,” says the head of Peter MacCallum’s lung cancer unit, Professor David Ball. “Patients are regarded as victims of their own lack of self-control. Whereas they’re actually victims of a concerted and successful campaign by the tobacco industry to turn them into addicts.”

It was Ball, a fixture at Peter Mac since 1973, who became King’s lodestar. He instilled an environment of kindness and hope. Young doctors, says Ball, can feel overwhelmed: “I’ve had people in training in this specialty who’ve eventually been reduced to tears, saying they can’t go on. They want all their patients to get better. Life’s not like that.” He encourages them to think differently:

For a doctor, lung cancer sufferers are tremendously rewarding to work with. They don’t come in saying: ‘Why me? I’m pissed off. Why aren’t you working harder to find a cure?’ They come in feeling ashamed. When you reassure them that you want to make their life as good as it can be, they’re immensely grateful. Because they tend to stay long periods, you get to know them as people too. And you’re at that very serious time of life, where the questions are deep and philosophical, and existential concerns come to the fore.

Those questions resonated with King. “People say that if you don’t know what you want to do before you work with David, you will afterwards,” she says. “He was the first doctor I really wanted to be – a great teacher, a great colleague, interested in everyone and everything. In that three months, I got to know patients, I got to know families, I worked with an inspiring medical team, I felt so privileged, and it changed me forever.” She dug in for what became the seven-year haul towards adding FRANZCR – Fellow of the Royal Australian and New Zealand College of Radiologists – to her postnominals. After a couple of years she was joined in this pursuit, and in her life, by Dr Mark Shaw, a quietly-spoken New Zealander whom she met at Geelong’s Andrew Love Cancer Centre and married. Yet her life-change remained incomplete until she and her husband emerged from their high-stakes, high-stress discipline to do something of utmost normality – buy a house.

King calls it “the story”; maybe it should be “The Story.” It’s how she prefaces most presentations – if ever time precludes it, she feels regretful. “It explains everything, really,” she says. “Sometimes I apologise to audiences for having told it so often. But people always come up afterwards and say: ‘I love that story’.”

The scenario, a conversation about her finances with a consultant from superannuation fund Health Super in the Peter MacCallum cafeteria in March 2010, could hardly have been more prosaic. In fact, King was standing to leave when a final question crossed her mind: was she meant to specify how she wanted her money invested? No need, said the consultant: her money, as it is with 75% of Australians, was in the “default option”.

King asked about the alternatives. Oh, came the reply, there was a “greenie option”, involving no investment in mining, alcohol or tobacco. The answer brought her up short. “Does that mean I’m currently investing in tobacco?” she asked. Well yes, the consultant replied: “Everyone is.” King sat back down.

It was worse. Two weeks later the consultant confirmed that four of the five biggest holdings in the international component of Health Super’s default option were tobacco-related: British American Tobacco, Imperial Tobacco, Philip Morris and Swedish Match. King shared this exposure with the overwhelming majority of Peter Mac’s 2,500 staff members. “We’re a dedicated cancer hospital,” she recalls. “There was nowhere else this could have mattered more. The idea that all of us, the doctors, the nurses, the occupational therapists, the speech pathologists, were invested in tobacco companies … well, it had to be fixed.” King’s concerns were immediately shared by Peter Mac’s CEO, Craig Bennett, who accompanied her to a meeting with members of Health Super’s executive and investment team.

The response was cordial but bemused. “It was strange for a financial institution to be approached by members about these issues,” King recalls. “Mainly they were surprised.” A “good-natured” discussion ensued. Other factors then conspired to relegate tobacco to a back burner: Health Super commenced a merger with Sydney-based First State Super. In the hiatus, King started educating herself. Australian super funds had only between 0.5 and 1.3% of their assets in tobacco. But in a $2tn pool, that was still in the region of $10bn. The seven biggest funds with health professionals as members all offered “greenie” opt-outs, designated “sustainable”, “ethical” or “socially responsible”. But four of these actually had money in tobacco.

After a year’s to-and-fro with Health Super, King finally got in front of its board, flanked by Craig Bennett and David Ball, punctuating her PowerPoint presentation with knockout statistics: that someone in the world dies from tobacco use every eight seconds; that these include 15,000 Australians a year; that no substance takes a steeper toll of lives and years lost.

King was nervous and exhilarated: “I was presenting to all these people from a world I knew nothing about sitting next to the man who knows everything [Ball].” She was also shortly to take maternity leave: “I thought: ‘If this doesn’t work, it’s probably going nowhere.’” But the response was gratifying: “I could also tell by the end of that meeting we had a lot of friends.” The impression deepened at the first instance of what would be a recurrent experience, when a director trailed her to the lift. “Just so you know,” the director said, “my mother died of lung cancer. Thank you for doing this.”

About to fold, Health Super’s board bequeathed the issue to its new parent. First State Super CEO Michael Dwyer is an unusual boss – inspired by visiting Timor-Leste in 2000, he co-founded Australia for UNHCR, which raises funds for the United Nations High Commissioner for Refugees. He sensed a problem it might be prudent to get ahead of: a group with 40% of its members in health services that had $170m invested in tobacco was bound to hear more about it.

Like other super funds, First State Super was required to observe the Superannuation Industry (Supervision) Act, binding trustees at all times to act in members’ best interests, which has tended to be interpreted by law in a narrowly financial sense. But at this point, another statute made its presence felt: tobacco share prices were hit by, among other things, the proclamation of Australia’s Tobacco Plain Packaging Act in 2011. “I could tell the board that these were stocks whose product was being condemned and restricted by every government round the country,” says Dwyer. “They had no redeeming feature. As Bronwyn says: ‘There’s no such thing as a safe cigarette.’” In July 2012, CEO and doctor put their names to a press release declaring First State Super the first Australian superannuation fund to renounce tobacco; six months later HESTA, whom King had also courted, followed suit. And though the process had taken two years, she was used to long hauls. “I started thinking,” she says, “if they could do it, why not others?”

Superannuation conferences can be dry affairs. So when Dwyer started dropping King into programmes through 2013 and 2014, her presence and message quickly gained a following. Grabbing audiences with The Story, she did not let go. “I’ve never seen anyone network like Bronwyn,” says Michael Baldwin, CEO of the Funds Executive Association, an industry group whose conference she addressed in June 2013. “It’s a skill I wish I had. People love dealing with her.” She distributed a business card bearing the rubric Tobacco Free Portfolios, featuring a logo designed online for $300 transfiguring the ribbon that is a cancer remembrance’s best-known symbol into a cigarette. She piled up cards she collected and studiously emailed the addressees, politely petitioning to meet directors, trustees and investment managers – even just to “have a coffee”.

Those meetings regularly begat further meetings, and also elicited personal confidences. In any group of five people she sat down with, King found, at least one person would be harbouring a story about how tobacco-related illness had touched their lives; down the track, two chairmen would recuse themselves from votes about their funds’ tobacco exposures, fearful of emotion clouding their corporate decision making.

Pregnant through some of this time with a second child, King found that her most incisive pitch was illuminating the tobacco industry’s exploitation of the young. The average age at which Australian smokers take the habit up, 15 years and nine months, is actually high by world standards. Globally it’s estimated that 80-100,000 children start smoking every day – so much for the notion of smoking being based on mature, fully-informed choice. What’s more, according to the International Labour Organisation, up to 60% of the 33 million engaged in tobacco farming worldwide are under 16. To those who challenged that tobacco stocks were historically good performers, King had a brisk rejoinder: “If a business can live with six million deaths and externalising €2tn in health costs a year while employing mainly children, then it probably won’t find it difficult making money. All it has to do is adjust its moral compass.”

King was careful, all the same, not to scold. After all, much of this information was new to her too – and as a medical practitioner she might have been expected to know it. In fact, as she realised, medicine has historically been divided between clinicians like herself, who treat people, and public health specialists, concerned with society. So she sought out the likes of Professor Simon Chapman at University of Sydney and Professor Mike Daube from Curtin University, whose experiences in tobacco control stretched back to the 1970s. They were impressed. “I get a lot of approaches from people with crackpot ideas,” says Chapman. “Bronwyn immediately struck me as different – someone highly intelligent, very organised, and street smart. Not to mention engaging and vivacious in an area that’s stereotyped as deadly earnest and tinged with moralism.”

Says the wryly humorous Daube: “She’s such a deeply unpleasant person, isn’t she?”

While the tone of King’s campaign came naturally, she was shrewd enough to understand it as an attribute. She shrank from calling herself an “activist”; she was simply an “oncologist”. She denied hers was a “cause”; she spoke instead of pursuing her “interest”. She did not regard financial institutions as “targets”; instead she was seeking “partners”. She respected confidentiality, avoided confrontation, declined to court the media, and drew on her own experience as exemplifying the involuntary nature of much tobacco investment, which had its institutional counterparts. “I presented to one fund that took sustainability very seriously,” King recalls. “They had a ‘sustainable investment’ option. I looked into it. They chose their international shares via the Dow Jones sustainability index – a best of sector index which BAT [British American Tobacco] is part of … The board members of this super fund were … well, they felt tricked. Before I got home I had an email from their CEO saying: ‘We’ve issued a comprehensive tobacco free mandate across our portfolio.’”

By mid-2014, King’s initial epiphany had become almost all-consuming. A dozen funds had divested more than $A1bn of tobacco stocks. With two small boys, she was not sleeping much anyway, but she was enjoying herself. Tobacco Free Portfolios was winning support not only from business leaders but Australian politicians of all stripes: Liberal health minister Sussan Ley, former Labor health minister Nicola Roxon, the Greens’ Richard Di Natale and independent Andrew Wilkie all recorded video testimonials. Papers were being invited for the forthcoming biennial World Cancer Conference, which the Union for International Cancer Control (UICC) happened to be staging in Melbourne. When King impulsively submitted an abstract, she had her first glimpse of the world of global tobacco control, and an opportunity to spread The Story. It cast its now-familiar spell.

The only time King falters in making the case for Tobacco Free Portfolios is in making the case for herself. And four and a half years after starting, she remained a one-woman band paying for things on her credit card. “I’m a doctor,” she says. “Doctors aren’t good with money. Most of us don’t even really like talking about it.” Introduced to the UICC boss, Cary Adams, she started talking about how much more she could do in Australia if she could afford it – just a little money to cover expenses. “You know,” said Adams, “you’re not thinking big enough.”

Adams is a former banker: prior to this role, he had been chief operating officer of Lloyds TSB. Maybe it was time his new community started talking to his old industry. Unbeknownst to King, the UICC every two years takes a local project to a “global platform”. They were shortly to do it again. “Leave this with me,” Adams said. “I’ve got big plans.”

There had been such plans before. Under the anti-tobacco sun, little is outright new. In the UK, activists had eyeballed the City as far back as the 1970s, buying single shares in tobacco companies so as to lob questions at annual meetings. After one, Mike Daube recalls, he was taken aside by Rothmans chairman Lord Pritchard, who offered to fund the protest campaign of his choice … providing it had nothing to do with tobacco.

Divestment was trialled in the US in the 1980s, partly inspired by the boycott of companies invested in apartheid South Africa. Activists first cajoled the American Medical Association into urging medical schools to withdraw from tobacco funds. In the 1990s several universities and state pension funds followed suit. But efforts petered out after 1998’s Master Settlement Agreement (in which 46 states settled healthcare lawsuits with the four biggest US tobacco companies), which perversely aligned the interests of big tobacco and state legislatures dependent on them for future funds. And opinion remains divided on the efficacy of divestment. “As long as another investor buys what a university, pension fund, or a health insurer sells,” says leading anti-tobacco authority Professor Alan Blum, of the University of Alabama, “there’s no net loss of investor confidence in the stock or capital in the company’s coffers.”

Anything attached to what’s conventionally abbreviated as CSR (corporate social responsibility) and ESG (environment, social, governance) also raises fiduciary questions. Does a manager of funds owe clients anything other than maximum returns? Is socially responsible investment even possible? In the 1990s, Philip Morris ran a stealth campaign against “social investing”, relying on an oft-cited 1980 paper by two distinguished American law professors. In “Social Investing and the Law of Trusts”, John Langbein and Richard Posner argued, in the context of disinvestment in South Africa, that “the trustee who sacrifices the beneficiary’s financial well-being for another object breaches both his duty of loyalty to the beneficiary and his duty of prudence in investment”; Langbein was subsequently employed by Philip Morris as a consultant.

Has the position changed? Professor Richard Daynard of Northeastern University, another veteran of the anti-tobacco movement, thinks so: “The Chicago School position argued by Milton Friedman is that the corporation has only one objective, which is greed, or shareholder return. Which means that any organisation doing socially responsible investing can get away with it only if is a complete fraud… and does not cost the company a penny. But nobody argues that any more. Lots of companies flourish their social responsibility credentials. They’re good for business. And there are business judgment rules which offer a board of directors a large amount of leeway.”

Two multilateral instruments have further widened that leeway. Ten years ago, after consultation with a group of big institutional investors, the United Nations laid out six “Principles of Responsible Investment”: there are today 1,500 signatories. The principles are aspirational and non-binding, but the first articulates a departure from circumscribed conceptions of fiduciary duty: “We will incorporate ESG issues into our ownership policies and practices.” And while UN PRI does not single out tobacco, another UN treaty does: in force since 2005, the World Health Organisation’s Framework Convention on Tobacco Control has been signed by 180 countries, representing 89%of the world’s population. The framework is exacting and comprehensive, committing governments to a wide variety of risk minimization measures, taxes, regulations and prohibitions – including on investment. Article 5.3 specifies that “no branch of government, including local government, should have any financial interest or investment in the tobacco industry.” So far, only three countries have complied: New Zealand since 2007, Norway since 2009, Australia since 2013. Some even seem unaware of it, and not just the usual delinquents: the UK is presently rolling local government pension funds including their tobacco investments into seven sovereign wealth funds.

So divestment, says public health specialist Simon Chapman, has a different context, as well as a broader purpose. “The standard critique that someone sells then someone else buys misses the symbolic importance of building the rank odour around the industry,” he says. “That odour already exists in the health and medical professions and in the general population – when we poll them, we even get it from smokers. Building that consciousness among people making financial decisions furthers that delegitimisation.” Investment in tobacco, argues King, is a devil’s bargain. “When you invest in a company, you want that company to thrive, don’t you?” she says. “But do you really want big tobacco to thrive?”

Like a lung cancer, tobacco is also metastasizing as a public health issue. When the UICC appointed Tobacco Free Portfolios to run its global divestment initiative in March 2015, Adams appointed to its as chair a darling of the anti-cancer movement. Since her son’s diagnosis with leukaemia 20 years ago, Princess Dina Mired has dedicated her life to improving cancer treatments in Jordan: she is director-general of the Amman foundation of the King Hussein Cancer Center, her country’s largest.

Introduced to King, Princess Dina loved The Story: “It was one person seeing something shameful and deciding to do something about it, by herself, knocking on doors, showing commitment and never giving up.” More than that, she sensed the need for a form of tobacco control aimed at supply rather than demand. It is poorer countries, with weaker public health consciousness, that will chiefly bear tobacco’s brunt: the World Health Organisation estimates that by 2030 they will account for four in five tobacco-related deaths. The reasons are not far to seek.

“As countries like Australia, the US and Canada have been increasing regulation and hiking up prices, tobacco companies have made extra efforts in the Middle East and Africa,” she says. “Since the Arab Spring, we are a stressed-out population, and we are game … They [tobacco companies] are zooming on our youth in a really big way.” Today more than a third of Jordanians smoke and the proportion is growing: the crop of tobacco-related cancers being sown prelude a bitter harvest. “And if you invest in tobacco,” she adds, “you are part of that killing machine.”

Heading a Global Task Force, King still had unfinished business in Australia. But she now had a helper. Lawyer Clare Payne worked at Macquarie Bank for 11 years before founding an initiative called the Banking and Finance Oath: an attempt to popularise for finance industry professionals a code of practice akin to the hippocratic oath. So when she and King watched each other speak consecutively at a responsible investment conference in November 2014, they felt a natural kinship. “Bron’s achieved more than most people have in20 years of responsible investment,” says Payne. “She’s got more than engagement. She’s got action.” Payne joined Tobacco Free Portfolios as “chief operating officer”, even though her “office” was a cleared out built-in wardrobe in the Sydney cottage she shares with her young daughter.

Boards now faced two advocates, Payne with her corporate experience perhaps slightly steelier. Where King was always sunnily optimistic, Payne groaned inwardly at counterarguments trotted out, like a board chair who couldn’t see a problem with tobacco because an uncle had smoked till he was 95, not to mention the familiar slippery slope fallacies. “I remember one day this American saying to me: ‘Let me just play devil’s advocate here… ,’” says Payne. “And I thought: ‘Really? Aren’t we beyond that now? Unless it’s your view. Otherwise we’re just proceeding from a silly starting point.’” To Payne, the problem was straightforward: it was persuading the powerful to heed the people. “Australian society accepts tobacco control,” she says. “They don’t want their children to smoke. If they smoke themselves, they want to stop. They want fewer people to die. Governments want better health outcomes. Funds should reflect that.”

King, meanwhile, was pondering how to replicate across the world her Australian system. She tapped her “partners” for contacts and introductions, never failing to follow up the faintest lead. She would start days in oncology at Epworth Healthcare with two sheets of paper: her patient schedule, and her Tobacco Free Portfolios to-do list. The patients came first, their needs acute, their questions poignantly familiar. “‘How long?’” says King. “That’s what they all want to know. ‘My daughter’s getting married. Will I make it?’ ‘My daughter’s having a baby in January. Will I live to see it?’ ‘My son’s graduating next year. Will I be able to go?’”

Of time, she was constantly reminded, there was never enough. So any minute before, between or after patientcare was an opportunity to make a phonecall, send an email, or dash into the central business district. Nights steadily became Skype marathons. One evening her husband walked in with a cup of tea suggesting she take a break. “Quick, close the door!” she exclaimed. “I’m about to talk to Kuwait!” King laughs: “He looked at me and it was, like, ‘Who are you?’ He thought I’d lost the plot.”

Extending the filaments of her network also involved serious travel. In July 2015, King made her first trips to Washington and New York. In September, she took in a Principles of Responsible Investment conference in London and visited the World Health Organisation in Geneva. In November she travelled to Istanbul for the World Cancer Leaders summit, and swung on to London for a first look at the City.

Where doors were now open in Australia, they were only tentatively ajar in the UK. Big tobacco and City merchant banks align snugly. Rock star fund manager Neil Woodford has made a fortune from tobacco stocks for his eponymous investment boutique, explaining that clients expect him to “exercise an investment judgment” not a “moral judgment”. King notes: “The influence of companies like BAT and Imperial Brands is enormous.”

A roundtable for 20 investment professionals at the Whitechapel offices of Principles of Responsible Investment, a UN-supported NGO, became an eye-opening realtime experiment in City attitudes.

One guy, a very senior leader in UK finance, was quite difficult,” said King. “He just kept saying: ‘Our approach is to engage with the tobacco companies. We engage with the industry.’ He was getting very fired up, and I just had to hold my ground. Finally I said: ‘I understand engagement is a useful tool, and it’s important to be a good steward of capital. But this is the exception. Engagement with the tobacco industry is futile. Positive influence is impossible. There’s not one example in all the history of engagement leading to fewer deaths.”

Of course, this was very uncomfortable for him. Suddenly, out of the blue, this other guy whom I’d not met says: ‘We’re getting bogged down in the nitty-gritty here. What about the big vision? Isn’t this industry just killing six million people a year and we’re part of it if we’re investing in it?”

The interjector, Dawid Konotey-Ahulu, had arrived at the last minute, without particularly high expectations: “I assumed it would be a run-of-the-mill discourse on the dangers of tobacco and the virtues of shunning it.” Now he was excited. A former Merrill Lynch banker, Konotey-Ahulu has for the last decade run an investment and risk management consultancy for pension funds, Redington. King reminded him of a popular business concept: the Big Hairy Audacious Goal, or BHAG, coined by Jim Collins in his 1994 management bestseller Built to Last. Since the roundtable, he has become Tobacco Free Portfolios’ City adviser, including on the recruitment of a new London representative, Dr Rachel Melsom. “We are living in an era where ‘Do the Right Thing!’ is increasingly the guiding principle, and pension funds, by and large, want to do the right thing,” says Konotey-Ahulu. “It will not surprise me if in the near future, several large pension funds elect to disinvest from intrinsically harmful assets such as tobacco.” They now have an example.

On 28 February, after months of planning, King landed in London on her first European mission: 12 days, six countries, 45 meetings, with pension funds, insurers, sovereign wealth funds and health leaders. She had pursued every introduction, cadged every favour on offer. To her excitement, not one approach had been rebuffed. To her further excitement, she had arranged to spend the weekend in Paris with friends, the De Viennes, for whom in 1997 she had worked as an au pair. Then, unable to help herself, she asked round her Australian business “partners” with whom in France it might be worth meeting. The CEO of a major funds management business connected her with AXA.

So it was that six years after that meeting in her hospital’s cafeteria, King sat across a luncheon table at Café Chic on Rue du Faubourg from Sylvain Vanston, the 44-year-old responsible for the company’s corporate social responsibility initiatives. A year earlier Vanston had been instrumental in AXA’s ceasing to invest in coal; but since agreeing to meet, he had been musing that this was the first red flag ever raised about a vastly more significant killer. “Tobacco has been a problem for health, but it has not been a problem for investors,” he observes. “When I met Bronwyn, she immediately started putting together the pieces of the puzzle that we hadn’t.’

In King’s telling, that puzzle of tobacco’s unique iniquity has four pieces. Can the product be used safely? No: zero is the only safe number of cigarettes. Can an investor have a positive influence on the tobacco industry? No: the risks are indivisible from the product. Is the problem huge? Yes: the WHO forecasts a billion tobacco-related deaths in the 21st century. Is there a UN treaty? Yes: the WHO’s convention on tobacco control has sought to limit tobacco usage for more than a decade. A concluding pith: would you set up an industry now knowing that in the next year it would kill six million people and cost the health care system €2tn? Vanston was taken aback: “I thought I knew about tobacco, but in reality I’d missed important facts.” Did she have all this written down, he asked? King fished a Tobacco Free Portfolios information kit from her bag. That night she rang Payne. ‘I’ve got a good feeling about this,’ she said.

Likewise Vanston. This was a far bigger deal than coal: four times the size of investment, and entailing not insignificant financial sacrifices. But AXA’s incoming CEO Buberl had been promoting a redesign of its health business, arguing that insurance must change from being a payer of bills to a helper of clients toward healthier life choices incurring fewer health costs. And if AXA wanted clients to forswear tobacco, it could hardly do otherwise. Besides, Buberl observes, the calculus has changed: “Once, lung cancer meant a quick death. As treatment has improved and lives have been prolonged, it has gone from being a lethal to a chronic illness, and costs are exploding. It’s a simple equation – the social, medical and taxation consequences of smoking have grown considerably worse.”

Vanston was commissioned to present to Buberl’s management team; King, now back in Melbourne after whirling through Geneva, Stockholm, Copenhagen and Oslo, contributed by email. Back at work at the Epworth, preparing prognoses, counselling patients about their survival chances, she messaged Vanston just before his presentation, three weeks after their single meeting: “Good luck with your speech. Just imagine that you have every oncologist and every patient who has suffered from tobacco standing right beside you.” His CEO actually needed little convincing. “Decisions take longer when they’re ambiguous,” says Buberl. “There is nothing ambiguous about tobacco.”

Nor, it must be said, is there anything ambiguous about the money tobacco makes. It is a high cash-flow, low-volatility business – a classic defensive stock pick in times when they are scarce. Yet no industry could exercise so dark an allure – something accentuated by the profile of smokers, skewed increasingly towards the poor, the young, and, frankly, the darker-skinned and further away.

It is a problem of a magnitude that occasionally dismays King, although never for long. “I’m an optimist,” she says. “Some people I’ve met have been unconvinced by the arguments. Others have said ‘Oh it’s a bit early’ or ‘Can you come back with more information?’ But I’ve watched literally dozens of people move from that position of initial resistance, to thinking ours is a reasonable position, to being completely convinced and ringing up a few months later asking: ‘Is there anything I can do?’ I never hear ‘no’ as ‘never’; I hear it as ‘not yet’.” Since AXA, she has had contact with a score of European financial institutions: one sovereign wealth fund has already divested, although is yet to announce its decision. King’s travel schedule for the rest of the year looks unsparing, and she is resigned to forgoing sleep because of it. “But if I knew what I know and did nothing,” she says, “I couldn’t sleep at all.”

The doctor who beat big tobacco

When Dr Bronwyn King discovered her pension fund was investing in the cigarette companies that were killing her cancer patients, she was staggered. And she knew she had to act

https://www.theguardian.com/news/2016/aug/01/the-doctor-who-beat-big-tobacco

On Good Friday this year, Dr Bronwyn King and her husband were staying with her parents in the quiet coastal town of Torquay in Victoria, Australia. They started watching a movie – although King, as she often is, was only half-there, busily pecking at her laptop.

“AXA – news …” said the subject line of the email from a French insurance executive. “In confidentiality,” it read: “we have decided to divest tobacco … If you can, let’s discuss further. Thanks for your help.” King felt momentarily giddy. It was six years since she had sent the first of tens of thousands of hopeful, courteous but determined emails with such ends in mind. She had already persuaded 35 Australian superannuation funds, as Australians call their private pension funds, controlling nearly half the total funds under management to shun tobacco. AXA, the world’s second biggest insurer, was her greatest success yet. But she passed up a celebratory glass of wine: there was work to do, on the details and timing of the announcement. When her family turned in, they left King, as they often do, at her laptop.

Two months later at Geneva’s plush Beau Rivage Hotel, King looked out over a sea of faces, mostly delegates gathered for the World Health Assembly, and introduced her “new best friend”, AXA boss Thomas Buberl. AXA, he said, would forthwith sell €200m of tobacco stocks: there was applause. It would also, he added, run down €1.6bn of tobacco corporate bonds. There was a hush. Had he just said billion?

In an old war, a new front had opened. Tobacco kills six million people a year: the McKinsey Global Institute deems it humankind’s greatest self-generated social burden, ahead even of war and terrorism. Yet as an issue, observes King’s colleague Clare Payne, it has receded in public consciousness: “There’s this tendency for people to think: ‘Oh we’re done with tobacco, aren’t we? Everyone knows. It’s just a choice thing for people now.’ When we’re actually in an epidemic – history’s first epidemic of a non-communicable disease.”

To restore it to the headlines, then, is no mean feat. “She’s a star,” says Cary Adams, CEO of the Union for International Cancer Control, who just over a year ago put King in charge of the Global Task Force for Tobacco Divestment. It’s not a mantle that rests easily with King. All the 41-year-old oncologist at Melbourne’s Epworth Healthcare feels she’s done is take to heart her hippocratic oath, especially the injunction to “do no harm”.

Into her mid-20s, King’s career had seemed mapped out. At Fintona Girls’ School in the Melbourne suburb of Balwyn, she had been a star junior swimmer, thriving on the daily pre-dawn starts and unrelenting competition, climaxing in medals at national championships and a victory in the Pier-to-Pub, a famous open water race in Australia. On completing medical studies in 1999, she became an Australian swimming team doctor, and weighed up specialising in sports medicine and paediatrics.

In February 2001, however, King began three months as a radiation oncology resident in the lung cancer unit of Peter MacCallum Cancer hospital. She was, she confesses, a reluctant conscript. Radiation oncology, which uses giant linear accelerators to beat back advancing cancers, is a technically and emotionally challenging field of medicine, undertaken underground for the containment of its x-ray emissions, dedicated chiefly to the very sick. And sickest of all are smokers.

For King it was an education. The five-year survival rate after diagnosis for lung cancer is 15%: her job was largely to alleviate its acute associated sufferings. Most people have an image of lung cancer sufferers propped in bed subsiding gently, maybe with a bit of a cough, possibly on oxygen. The reality is very different. In a fifth of cases, for example, lung cancer metastasises to the brain, inducing paralysis and loss of cognitive function: the patient, literally, loses their mind. Death can come violently too. One morning King arrived to find the corner of a ward absent not only its bedclothes but its curtains and furnishings. The night before a patient had essentially drowned in her own blood from a burst vessel, drenching staff in her death throes. In the room were three other terrified patients who had heard the whole thing.

Almost every interaction bore witness in some way to tobacco’s toll. Taking a history from a new female patient one day, King asked her age. “I’m 43,” the woman replied. “I’m getting quite old.” It transpired that her whole immediate family had died in their 40s from smoking-related cancers. “I had this overwhelming sense of the impact of tobacco,” King recalls. “The public did not know what was going on. They didn’t know because I was a doctor and I hadn’t known. Until I worked there. I started to wish I had a television camera with me, so people could see what I was seeing.”

But so much was out of sight for a reason – to which King was first introduced by an older patient who beckoned her from his bed, looked around furtively, and whispered: “This is because of the smoking, isn’t it?” When she said it probably was, he nodded and looked away. Here were lung cancer’s little-acknowledged secondary symptoms: disgrace and shame. Where families could be relied on to rally around sufferers from breast and prostate cancer, tension surrounded those with tobacco-related illness, who were perceived as having brought cancer on themselves. This has been an unforeseen impact of the public health campaign to scare smokers straight: in a recent survey, 30% of Australians agreed with the sentiment that lung cancer patients were less deserving of sympathy than other cancer patients. “Lung cancer has become the syphilis of the 21st century,” says the head of Peter MacCallum’s lung cancer unit, Professor David Ball. “Patients are regarded as victims of their own lack of self-control. Whereas they’re actually victims of a concerted and successful campaign by the tobacco industry to turn them into addicts.”

It was Ball, a fixture at Peter Mac since 1973, who became King’s lodestar. He instilled an environment of kindness and hope. Young doctors, says Ball, can feel overwhelmed: “I’ve had people in training in this specialty who’ve eventually been reduced to tears, saying they can’t go on. They want all their patients to get better. Life’s not like that.” He encourages them to think differently:

For a doctor, lung cancer sufferers are tremendously rewarding to work with. They don’t come in saying: ‘Why me? I’m pissed off. Why aren’t you working harder to find a cure?’ They come in feeling ashamed. When you reassure them that you want to make their life as good as it can be, they’re immensely grateful. Because they tend to stay long periods, you get to know them as people too. And you’re at that very serious time of life, where the questions are deep and philosophical, and existential concerns come to the fore.

Those questions resonated with King. “People say that if you don’t know what you want to do before you work with David, you will afterwards,” she says. “He was the first doctor I really wanted to be – a great teacher, a great colleague, interested in everyone and everything. In that three months, I got to know patients, I got to know families, I worked with an inspiring medical team, I felt so privileged, and it changed me forever.” She dug in for what became the seven-year haul towards adding FRANZCR – Fellow of the Royal Australian and New Zealand College of Radiologists – to her postnominals. After a couple of years she was joined in this pursuit, and in her life, by Dr Mark Shaw, a quietly-spoken New Zealander whom she met at Geelong’s Andrew Love Cancer Centre and married. Yet her life-change remained incomplete until she and her husband emerged from their high-stakes, high-stress discipline to do something of utmost normality – buy a house.

King calls it “the story”; maybe it should be “The Story.” It’s how she prefaces most presentations – if ever time precludes it, she feels regretful. “It explains everything, really,” she says. “Sometimes I apologise to audiences for having told it so often. But people always come up afterwards and say: ‘I love that story’.”

The scenario, a conversation about her finances with a consultant from superannuation fund Health Super in the Peter MacCallum cafeteria in March 2010, could hardly have been more prosaic. In fact, King was standing to leave when a final question crossed her mind: was she meant to specify how she wanted her money invested? No need, said the consultant: her money, as it is with 75% of Australians, was in the “default option”.

King asked about the alternatives. Oh, came the reply, there was a “greenie option”, involving no investment in mining, alcohol or tobacco. The answer brought her up short. “Does that mean I’m currently investing in tobacco?” she asked. Well yes, the consultant replied: “Everyone is.” King sat back down.

It was worse. Two weeks later the consultant confirmed that four of the five biggest holdings in the international component of Health Super’s default option were tobacco-related: British American Tobacco, Imperial Tobacco, Philip Morris and Swedish Match. King shared this exposure with the overwhelming majority of Peter Mac’s 2,500 staff members. “We’re a dedicated cancer hospital,” she recalls. “There was nowhere else this could have mattered more. The idea that all of us, the doctors, the nurses, the occupational therapists, the speech pathologists, were invested in tobacco companies … well, it had to be fixed.” King’s concerns were immediately shared by Peter Mac’s CEO, Craig Bennett, who accompanied her to a meeting with members of Health Super’s executive and investment team.

The response was cordial but bemused. “It was strange for a financial institution to be approached by members about these issues,” King recalls. “Mainly they were surprised.” A “good-natured” discussion ensued. Other factors then conspired to relegate tobacco to a back burner: Health Super commenced a merger with Sydney-based First State Super. In the hiatus, King started educating herself. Australian super funds had only between 0.5 and 1.3% of their assets in tobacco. But in a $2tn pool, that was still in the region of $10bn. The seven biggest funds with health professionals as members all offered “greenie” opt-outs, designated “sustainable”, “ethical” or “socially responsible”. But four of these actually had money in tobacco.

After a year’s to-and-fro with Health Super, King finally got in front of its board, flanked by Craig Bennett and David Ball, punctuating her PowerPoint presentation with knockout statistics: that someone in the world dies from tobacco use every eight seconds; that these include 15,000 Australians a year; that no substance takes a steeper toll of lives and years lost.

King was nervous and exhilarated: “I was presenting to all these people from a world I knew nothing about sitting next to the man who knows everything [Ball].” She was also shortly to take maternity leave: “I thought: ‘If this doesn’t work, it’s probably going nowhere.’” But the response was gratifying: “I could also tell by the end of that meeting we had a lot of friends.” The impression deepened at the first instance of what would be a recurrent experience, when a director trailed her to the lift. “Just so you know,” the director said, “my mother died of lung cancer. Thank you for doing this.”

About to fold, Health Super’s board bequeathed the issue to its new parent. First State Super CEO Michael Dwyer is an unusual boss – inspired by visiting Timor-Leste in 2000, he co-founded Australia for UNHCR, which raises funds for the United Nations High Commissioner for Refugees. He sensed a problem it might be prudent to get ahead of: a group with 40% of its members in health services that had $170m invested in tobacco was bound to hear more about it.

Like other super funds, First State Super was required to observe the Superannuation Industry (Supervision) Act, binding trustees at all times to act in members’ best interests, which has tended to be interpreted by law in a narrowly financial sense. But at this point, another statute made its presence felt: tobacco share prices were hit by, among other things, the proclamation of Australia’s Tobacco Plain Packaging Act in 2011. “I could tell the board that these were stocks whose product was being condemned and restricted by every government round the country,” says Dwyer. “They had no redeeming feature. As Bronwyn says: ‘There’s no such thing as a safe cigarette.’” In July 2012, CEO and doctor put their names to a press release declaring First State Super the first Australian superannuation fund to renounce tobacco; six months later HESTA, whom King had also courted, followed suit. And though the process had taken two years, she was used to long hauls. “I started thinking,” she says, “if they could do it, why not others?”

Superannuation conferences can be dry affairs. So when Dwyer started dropping King into programmes through 2013 and 2014, her presence and message quickly gained a following. Grabbing audiences with The Story, she did not let go. “I’ve never seen anyone network like Bronwyn,” says Michael Baldwin, CEO of the Funds Executive Association, an industry group whose conference she addressed in June 2013. “It’s a skill I wish I had. People love dealing with her.” She distributed a business card bearing the rubric Tobacco Free Portfolios, featuring a logo designed online for $300 transfiguring the ribbon that is a cancer remembrance’s best-known symbol into a cigarette. She piled up cards she collected and studiously emailed the addressees, politely petitioning to meet directors, trustees and investment managers – even just to “have a coffee”.

Those meetings regularly begat further meetings, and also elicited personal confidences. In any group of five people she sat down with, King found, at least one person would be harbouring a story about how tobacco-related illness had touched their lives; down the track, two chairmen would recuse themselves from votes about their funds’ tobacco exposures, fearful of emotion clouding their corporate decision making.

Pregnant through some of this time with a second child, King found that her most incisive pitch was illuminating the tobacco industry’s exploitation of the young. The average age at which Australian smokers take the habit up, 15 years and nine months, is actually high by world standards. Globally it’s estimated that 80-100,000 children start smoking every day – so much for the notion of smoking being based on mature, fully-informed choice. What’s more, according to the International Labour Organisation, up to 60% of the 33 million engaged in tobacco farming worldwide are under 16. To those who challenged that tobacco stocks were historically good performers, King had a brisk rejoinder: “If a business can live with six million deaths and externalising €2tn in health costs a year while employing mainly children, then it probably won’t find it difficult making money. All it has to do is adjust its moral compass.”

King was careful, all the same, not to scold. After all, much of this information was new to her too – and as a medical practitioner she might have been expected to know it. In fact, as she realised, medicine has historically been divided between clinicians like herself, who treat people, and public health specialists, concerned with society. So she sought out the likes of Professor Simon Chapman at University of Sydney and Professor Mike Daube from Curtin University, whose experiences in tobacco control stretched back to the 1970s. They were impressed. “I get a lot of approaches from people with crackpot ideas,” says Chapman. “Bronwyn immediately struck me as different – someone highly intelligent, very organised, and street smart. Not to mention engaging and vivacious in an area that’s stereotyped as deadly earnest and tinged with moralism.”

Says the wryly humorous Daube: “She’s such a deeply unpleasant person, isn’t she?”

While the tone of King’s campaign came naturally, she was shrewd enough to understand it as an attribute. She shrank from calling herself an “activist”; she was simply an “oncologist”. She denied hers was a “cause”; she spoke instead of pursuing her “interest”. She did not regard financial institutions as “targets”; instead she was seeking “partners”. She respected confidentiality, avoided confrontation, declined to court the media, and drew on her own experience as exemplifying the involuntary nature of much tobacco investment, which had its institutional counterparts. “I presented to one fund that took sustainability very seriously,” King recalls. “They had a ‘sustainable investment’ option. I looked into it. They chose their international shares via the Dow Jones sustainability index – a best of sector index which BAT [British American Tobacco] is part of … The board members of this super fund were … well, they felt tricked. Before I got home I had an email from their CEO saying: ‘We’ve issued a comprehensive tobacco free mandate across our portfolio.’”

By mid-2014, King’s initial epiphany had become almost all-consuming. A dozen funds had divested more than $A1bn of tobacco stocks. With two small boys, she was not sleeping much anyway, but she was enjoying herself. Tobacco Free Portfolios was winning support not only from business leaders but Australian politicians of all stripes: Liberal health minister Sussan Ley, former Labor health minister Nicola Roxon, the Greens’ Richard Di Natale and independent Andrew Wilkie all recorded video testimonials. Papers were being invited for the forthcoming biennial World Cancer Conference, which the Union for International Cancer Control (UICC) happened to be staging in Melbourne. When King impulsively submitted an abstract, she had her first glimpse of the world of global tobacco control, and an opportunity to spread The Story. It cast its now-familiar spell.

The only time King falters in making the case for Tobacco Free Portfolios is in making the case for herself. And four and a half years after starting, she remained a one-woman band paying for things on her credit card. “I’m a doctor,” she says. “Doctors aren’t good with money. Most of us don’t even really like talking about it.” Introduced to the UICC boss, Cary Adams, she started talking about how much more she could do in Australia if she could afford it – just a little money to cover expenses. “You know,” said Adams, “you’re not thinking big enough.”

Adams is a former banker: prior to this role, he had been chief operating officer of Lloyds TSB. Maybe it was time his new community started talking to his old industry. Unbeknownst to King, the UICC every two years takes a local project to a “global platform”. They were shortly to do it again. “Leave this with me,” Adams said. “I’ve got big plans.”

There had been such plans before. Under the anti-tobacco sun, little is outright new. In the UK, activists had eyeballed the City as far back as the 1970s, buying single shares in tobacco companies so as to lob questions at annual meetings. After one, Mike Daube recalls, he was taken aside by Rothmans chairman Lord Pritchard, who offered to fund the protest campaign of his choice … providing it had nothing to do with tobacco.

Divestment was trialled in the US in the 1980s, partly inspired by the boycott of companies invested in apartheid South Africa. Activists first cajoled the American Medical Association into urging medical schools to withdraw from tobacco funds. In the 1990s several universities and state pension funds followed suit. But efforts petered out after 1998’s Master Settlement Agreement (in which 46 states settled healthcare lawsuits with the four biggest US tobacco companies), which perversely aligned the interests of big tobacco and state legislatures dependent on them for future funds. And opinion remains divided on the efficacy of divestment. “As long as another investor buys what a university, pension fund, or a health insurer sells,” says leading anti-tobacco authority Professor Alan Blum, of the University of Alabama, “there’s no net loss of investor confidence in the stock or capital in the company’s coffers.”

Anything attached to what’s conventionally abbreviated as CSR (corporate social responsibility) and ESG (environment, social, governance) also raises fiduciary questions. Does a manager of funds owe clients anything other than maximum returns? Is socially responsible investment even possible? In the 1990s, Philip Morris ran a stealth campaign against “social investing”, relying on an oft-cited 1980 paper by two distinguished American law professors. In “Social Investing and the Law of Trusts”, John Langbein and Richard Posner argued, in the context of disinvestment in South Africa, that “the trustee who sacrifices the beneficiary’s financial well-being for another object breaches both his duty of loyalty to the beneficiary and his duty of prudence in investment”; Langbein was subsequently employed by Philip Morris as a consultant.

Has the position changed? Professor Richard Daynard of Northeastern University, another veteran of the anti-tobacco movement, thinks so: “The Chicago School position argued by Milton Friedman is that the corporation has only one objective, which is greed, or shareholder return. Which means that any organisation doing socially responsible investing can get away with it only if is a complete fraud… and does not cost the company a penny. But nobody argues that any more. Lots of companies flourish their social responsibility credentials. They’re good for business. And there are business judgment rules which offer a board of directors a large amount of leeway.”

Two multilateral instruments have further widened that leeway. Ten years ago, after consultation with a group of big institutional investors, the United Nations laid out six “Principles of Responsible Investment”: there are today 1,500 signatories. The principles are aspirational and non-binding, but the first articulates a departure from circumscribed conceptions of fiduciary duty: “We will incorporate ESG issues into our ownership policies and practices.” And while UN PRI does not single out tobacco, another UN treaty does: in force since 2005, the World Health Organisation’s Framework Convention on Tobacco Control has been signed by 180 countries, representing 89%of the world’s population. The framework is exacting and comprehensive, committing governments to a wide variety of risk minimization measures, taxes, regulations and prohibitions – including on investment. Article 5.3 specifies that “no branch of government, including local government, should have any financial interest or investment in the tobacco industry.” So far, only three countries have complied: New Zealand since 2007, Norway since 2009, Australia since 2013. Some even seem unaware of it, and not just the usual delinquents: the UK is presently rolling local government pension funds including their tobacco investments into seven sovereign wealth funds.

So divestment, says public health specialist Simon Chapman, has a different context, as well as a broader purpose. “The standard critique that someone sells then someone else buys misses the symbolic importance of building the rank odour around the industry,” he says. “That odour already exists in the health and medical professions and in the general population – when we poll them, we even get it from smokers. Building that consciousness among people making financial decisions furthers that delegitimisation.” Investment in tobacco, argues King, is a devil’s bargain. “When you invest in a company, you want that company to thrive, don’t you?” she says. “But do you really want big tobacco to thrive?”

Like a lung cancer, tobacco is also metastasizing as a public health issue. When the UICC appointed Tobacco Free Portfolios to run its global divestment initiative in March 2015, Adams appointed to its as chair a darling of the anti-cancer movement. Since her son’s diagnosis with leukaemia 20 years ago, Princess Dina Mired has dedicated her life to improving cancer treatments in Jordan: she is director-general of the Amman foundation of the King Hussein Cancer Center, her country’s largest.

Introduced to King, Princess Dina loved The Story: “It was one person seeing something shameful and deciding to do something about it, by herself, knocking on doors, showing commitment and never giving up.” More than that, she sensed the need for a form of tobacco control aimed at supply rather than demand. It is poorer countries, with weaker public health consciousness, that will chiefly bear tobacco’s brunt: the World Health Organisation estimates that by 2030 they will account for four in five tobacco-related deaths. The reasons are not far to seek.

“As countries like Australia, the US and Canada have been increasing regulation and hiking up prices, tobacco companies have made extra efforts in the Middle East and Africa,” she says. “Since the Arab Spring, we are a stressed-out population, and we are game … They [tobacco companies] are zooming on our youth in a really big way.” Today more than a third of Jordanians smoke and the proportion is growing: the crop of tobacco-related cancers being sown prelude a bitter harvest. “And if you invest in tobacco,” she adds, “you are part of that killing machine.”

Heading a Global Task Force, King still had unfinished business in Australia. But she now had a helper. Lawyer Clare Payne worked at Macquarie Bank for 11 years before founding an initiative called the Banking and Finance Oath: an attempt to popularise for finance industry professionals a code of practice akin to the hippocratic oath. So when she and King watched each other speak consecutively at a responsible investment conference in November 2014, they felt a natural kinship. “Bron’s achieved more than most people have in20 years of responsible investment,” says Payne. “She’s got more than engagement. She’s got action.” Payne joined Tobacco Free Portfolios as “chief operating officer”, even though her “office” was a cleared out built-in wardrobe in the Sydney cottage she shares with her young daughter.

Boards now faced two advocates, Payne with her corporate experience perhaps slightly steelier. Where King was always sunnily optimistic, Payne groaned inwardly at counterarguments trotted out, like a board chair who couldn’t see a problem with tobacco because an uncle had smoked till he was 95, not to mention the familiar slippery slope fallacies. “I remember one day this American saying to me: ‘Let me just play devil’s advocate here… ,’” says Payne. “And I thought: ‘Really? Aren’t we beyond that now? Unless it’s your view. Otherwise we’re just proceeding from a silly starting point.’” To Payne, the problem was straightforward: it was persuading the powerful to heed the people. “Australian society accepts tobacco control,” she says. “They don’t want their children to smoke. If they smoke themselves, they want to stop. They want fewer people to die. Governments want better health outcomes. Funds should reflect that.”

King, meanwhile, was pondering how to replicate across the world her Australian system. She tapped her “partners” for contacts and introductions, never failing to follow up the faintest lead. She would start days in oncology at Epworth Healthcare with two sheets of paper: her patient schedule, and her Tobacco Free Portfolios to-do list. The patients came first, their needs acute, their questions poignantly familiar. “‘How long?’” says King. “That’s what they all want to know. ‘My daughter’s getting married. Will I make it?’ ‘My daughter’s having a baby in January. Will I live to see it?’ ‘My son’s graduating next year. Will I be able to go?’”

Of time, she was constantly reminded, there was never enough. So any minute before, between or after patientcare was an opportunity to make a phonecall, send an email, or dash into the central business district. Nights steadily became Skype marathons. One evening her husband walked in with a cup of tea suggesting she take a break. “Quick, close the door!” she exclaimed. “I’m about to talk to Kuwait!” King laughs: “He looked at me and it was, like, ‘Who are you?’ He thought I’d lost the plot.”

Extending the filaments of her network also involved serious travel. In July 2015, King made her first trips to Washington and New York. In September, she took in a Principles of Responsible Investment conference in London and visited the World Health Organisation in Geneva. In November she travelled to Istanbul for the World Cancer Leaders summit, and swung on to London for a first look at the City.

Where doors were now open in Australia, they were only tentatively ajar in the UK. Big tobacco and City merchant banks align snugly. Rock star fund manager Neil Woodford has made a fortune from tobacco stocks for his eponymous investment boutique, explaining that clients expect him to “exercise an investment judgment” not a “moral judgment”. King notes: “The influence of companies like BAT and Imperial Brands is enormous.”

A roundtable for 20 investment professionals at the Whitechapel offices of Principles of Responsible Investment, a UN-supported NGO, became an eye-opening realtime experiment in City attitudes.

One guy, a very senior leader in UK finance, was quite difficult,” said King. “He just kept saying: ‘Our approach is to engage with the tobacco companies. We engage with the industry.’ He was getting very fired up, and I just had to hold my ground. Finally I said: ‘I understand engagement is a useful tool, and it’s important to be a good steward of capital. But this is the exception. Engagement with the tobacco industry is futile. Positive influence is impossible. There’s not one example in all the history of engagement leading to fewer deaths.”

Of course, this was very uncomfortable for him. Suddenly, out of the blue, this other guy whom I’d not met says: ‘We’re getting bogged down in the nitty-gritty here. What about the big vision? Isn’t this industry just killing six million people a year and we’re part of it if we’re investing in it?”

The interjector, Dawid Konotey-Ahulu, had arrived at the last minute, without particularly high expectations: “I assumed it would be a run-of-the-mill discourse on the dangers of tobacco and the virtues of shunning it.” Now he was excited. A former Merrill Lynch banker, Konotey-Ahulu has for the last decade run an investment and risk management consultancy for pension funds, Redington. King reminded him of a popular business concept: the Big Hairy Audacious Goal, or BHAG, coined by Jim Collins in his 1994 management bestseller Built to Last. Since the roundtable, he has become Tobacco Free Portfolios’ City adviser, including on the recruitment of a new London representative, Dr Rachel Melsom. “We are living in an era where ‘Do the Right Thing!’ is increasingly the guiding principle, and pension funds, by and large, want to do the right thing,” says Konotey-Ahulu. “It will not surprise me if in the near future, several large pension funds elect to disinvest from intrinsically harmful assets such as tobacco.” They now have an example.

On 28 February, after months of planning, King landed in London on her first European mission: 12 days, six countries, 45 meetings, with pension funds, insurers, sovereign wealth funds and health leaders. She had pursued every introduction, cadged every favour on offer. To her excitement, not one approach had been rebuffed. To her further excitement, she had arranged to spend the weekend in Paris with friends, the De Viennes, for whom in 1997 she had worked as an au pair. Then, unable to help herself, she asked round her Australian business “partners” with whom in France it might be worth meeting. The CEO of a major funds management business connected her with AXA.

So it was that six years after that meeting in her hospital’s cafeteria, King sat across a luncheon table at Café Chic on Rue du Faubourg from Sylvain Vanston, the 44-year-old responsible for the company’s corporate social responsibility initiatives. A year earlier Vanston had been instrumental in AXA’s ceasing to invest in coal; but since agreeing to meet, he had been musing that this was the first red flag ever raised about a vastly more significant killer. “Tobacco has been a problem for health, but it has not been a problem for investors,” he observes. “When I met Bronwyn, she immediately started putting together the pieces of the puzzle that we hadn’t.’

In King’s telling, that puzzle of tobacco’s unique iniquity has four pieces. Can the product be used safely? No: zero is the only safe number of cigarettes. Can an investor have a positive influence on the tobacco industry? No: the risks are indivisible from the product. Is the problem huge? Yes: the WHO forecasts a billion tobacco-related deaths in the 21st century. Is there a UN treaty? Yes: the WHO’s convention on tobacco control has sought to limit tobacco usage for more than a decade. A concluding pith: would you set up an industry now knowing that in the next year it would kill six million people and cost the health care system €2tn? Vanston was taken aback: “I thought I knew about tobacco, but in reality I’d missed important facts.” Did she have all this written down, he asked? King fished a Tobacco Free Portfolios information kit from her bag. That night she rang Payne. ‘I’ve got a good feeling about this,’ she said.

Likewise Vanston. This was a far bigger deal than coal: four times the size of investment, and entailing not insignificant financial sacrifices. But AXA’s incoming CEO Buberl had been promoting a redesign of its health business, arguing that insurance must change from being a payer of bills to a helper of clients toward healthier life choices incurring fewer health costs. And if AXA wanted clients to forswear tobacco, it could hardly do otherwise. Besides, Buberl observes, the calculus has changed: “Once, lung cancer meant a quick death. As treatment has improved and lives have been prolonged, it has gone from being a lethal to a chronic illness, and costs are exploding. It’s a simple equation – the social, medical and taxation consequences of smoking have grown considerably worse.”

Vanston was commissioned to present to Buberl’s management team; King, now back in Melbourne after whirling through Geneva, Stockholm, Copenhagen and Oslo, contributed by email. Back at work at the Epworth, preparing prognoses, counselling patients about their survival chances, she messaged Vanston just before his presentation, three weeks after their single meeting: “Good luck with your speech. Just imagine that you have every oncologist and every patient who has suffered from tobacco standing right beside you.” His CEO actually needed little convincing. “Decisions take longer when they’re ambiguous,” says Buberl. “There is nothing ambiguous about tobacco.”

Nor, it must be said, is there anything ambiguous about the money tobacco makes. It is a high cash-flow, low-volatility business – a classic defensive stock pick in times when they are scarce. Yet no industry could exercise so dark an allure – something accentuated by the profile of smokers, skewed increasingly towards the poor, the young, and, frankly, the darker-skinned and further away.

It is a problem of a magnitude that occasionally dismays King, although never for long. “I’m an optimist,” she says. “Some people I’ve met have been unconvinced by the arguments. Others have said ‘Oh it’s a bit early’ or ‘Can you come back with more information?’ But I’ve watched literally dozens of people move from that position of initial resistance, to thinking ours is a reasonable position, to being completely convinced and ringing up a few months later asking: ‘Is there anything I can do?’ I never hear ‘no’ as ‘never’; I hear it as ‘not yet’.” Since AXA, she has had contact with a score of European financial institutions: one sovereign wealth fund has already divested, although is yet to announce its decision. King’s travel schedule for the rest of the year looks unsparing, and she is resigned to forgoing sleep because of it. “But if I knew what I know and did nothing,” she says, “I couldn’t sleep at all.”

Auckland Council to review investments

Auckland Council will conduct a full review of its investments after revelations that one of its funds holds shares in sugary drink and tobacco companies.

http://www.radionz.co.nz/news/national/309854/auckland-council-to-review-investments

It will also investigate why it invested in the fund in the first place.

The council had about $320 million invested with 11 different fund managers in New Zealand and overseas.

An investigation by RNZ News found one of those funds holds shares in the world’s biggest soft-drink manufacturer Coca-Cola, the chocolate and confectionary giant Hershey’s, theinternational coffee chain Starbucks and British American Tobacco.

The Janus Global Research Growth fund also invested in two of the world’s biggest alcohol companies SABMiller and Pernod Ricard.

Those investments contradicted the work the council was doing to fight obesity and smoking, as well as its responsible investment policy, Councillor Chris Darby said.

He told Checkpoint with John Campbell the stake in British American Tobacco was of particular concern and the council’s investment agency should have known better than to invest in it.

“I would expect that those in governance and management at that entity to have identified that particular investment well in advance. I mean, it should have been revealed by them much, much earlier and sold down,” he said.

Mr Darby feared there may be similar investments among some of the other 10 funds the council invested in.

Last week the council announced it would ban all sugar-sweetened drinks from vending machines at its 21 leisure centres in a bid to “show leadership in the battle against obesity and type 2 diabetes.”

In 2013, smoking was banned at all parks, playgrounds, stadiums, sportfields, swimming pools, council buildings and bus and train stations.

The council will this week consider strengthening its smoke-free policy as part of its commitment to making New Zealand smoke-free by 2025.

Councillors shocked at investments

Auckland councillors contacted by RNZ were shocked to learn of the investments.

“This is more than a little embarrassing for council,” councillor Chris Darby said.

“It’s inconsistent with where the council wants to go and without question it’s not a good look. I believe that my colleagues around the council table will see this rectified,” he said.

“For two years I have been working with the Smoke-free Coalition and Cancer Society on getting council to move faster towards being smoke-free.

“After almost a year’s delay the Smoke-free Policy Review paper comes before the Regional Strategy & Policy Committee this Thursday. So the British American Tobacco stake poses an even bigger embarrassment, one that requires full sell down as soon as possible,” Mr Darby said.

He told Checkpoint with John Campbell the stake in British American Tobacco was of particular concern and the council’s investment agency should have known better than to invest in it.

“I would expect that those in in governance and management at that entity to have identified that particular investment well in advance. I mean, it should have been revealed by them much, much earlier and sold down,” he said.

He feared there may be similar investments among some of the other 10 funds the council invested in.

Auckland Council finance committee chair Penny Webster was also surprised to learn of the investments in soft drink, alcohol and tobacco companies.

“I wasn’t aware of it, but I will certainly go back and ask some questions now,” she said.

The council had a responsible investment policy but councillors would not necessarily be given that level of detail unless they asked for it, she said.

Auckland University epidemiologist and FIZZ founder Gerhard Sundborn said the council needed to better align its policies with its financial decisions.

“It’s important that councils do check where they are investing their funds and ensure they’re investing them responsibly in companies that meet the ethical considerations that they have,” he said.

“The decision to remove sugary drinks from vending machines was a great start. I’m confident that the council and government will take into consideration more now where they invest their funds,” he said.

Council has ‘responsible investment policy’

Auckland Council treasurer John Bishop said the council did not know exactly which companies its 11 funds were invested in because that information was often confidential.

The decision to drop sugar-sweetened drinks from vending machines at council-run leisure centres was an operational, not policy, decision, he said.

“The portfolio originates from funds held by legacy councils. Investments are made through a range of fund managers, based in New Zealand and overseas, and advice is taken from a professional investment advisor,” he said in a statement.

“As part of this process we continually look to align our investment policies with best practice, including those associated with responsible investment.

“Auckland Council has a responsible investment policy which is regularly reviewed in association with our overall investment policies. We have certain confidentiality restrictions with some of our fund managers which inhibit our ability to disclose specific asset holdings,” he said.

The fund managers were required to act consistently with the council’s responsible investing policy, he said.

The council’s policy did not ban particular investments but stated it should choose fund managers that could demonstrate a high degree of alignment with the principles of responsible investing.

“Council considers that a policy of active engagement with companies rather than screening or avoiding companies based on environmental, social and governance criteria will deliver the least cost, best outcome,” it stated.

The government-owned New Zealand Superannuation Fund and ACC banned investment in tobacco companies in 2007, but still invested alcohol, soft drink and fast-food companies.

The council was looking at divesting its investment portfolio over the next two years to help pay for infrastructure costs.

Govt. to cut ties with alcohol industry; sponsorships, CSR projects to be stopped

http://www.sundaytimes.lk/160731/news/govt-to-cut-ties-with-alcohol-industry-sponsorships-csr-projects-to-be-stopped-202986.html

A national alcohol control policy intended to cut direct or indirect ties between the alcohol industry and both government and non-governments sectors is to be introduced soon.

Abolishing of the duty free import and sale of alcohol products is also among the far reaching changes advocated by the national policy which seeks to cut down the high prevalence of alcoholism in the country and reduce the social economic problems associated with it. The draft has been gazetted.

When implemented, the researchers and funders with direct or indirect links with the alcohol industry or its front-organisations, in the past or present, will be excluded from any initiatives related to this policy.

Also steps will be taken to phase out all Corporate Social Responsibility (CSR) projects by the alcohol industry. This is because such CSR projects allowed access to and influencing of Government and Non-Government sectors.

There will also be a curb on sponsorship or support from the alcohol industry for development or implementation of public health, fiscal, education, trade, a youth, sports and other government policies and programmes. The policy also envisages new legislation and regulations to stop all forms of promotion of alcohol use through locally and internationally produced publications and entertainment programmes including television, dramas and cinema. Directors, translators, sponsors and the media organisations transmitting such programmes would be held liable for violations.

The policy also seeks to improve transparency of alcohol taxation to ensure that the the tax that the government receives from each price increase is made public. The data will also be made publicly accessible with steps taken to ensure that production volumes are not underestimated when computing the taxes due to the Government.

Tax concessions such as Board of Investment (BOI) status are also to be withdrawn for production, distribution and sale of alcohol within Sri Lanka.