Sunday, June 07, 2015

Why George Osborne must not kow-tow to the Banks over regulatory requirements!



The Sunday Business supplements are all carrying stories about George Osborne’s plans to offer an olive branch to HSBC in the form of a levy retreat.

The Sunday Times reports that Osborne is expected to use the opportunity of his forthcoming Mansion House speech on Wednesday to lay the ground for a review of the bank levy, in an attempt to head off a threat that HSBC and Standard Chartered Banks may leave the UK and relocate their HQ’s elsewhere.

Osborne is expected to offer a typical platitude of saying that the Conservative Government is committed to maintaining the ‘competitiveness of banks’, whatever that means!

The levy is a global charge on bank assets and it was introduced by the last Coalition Government as a means of helping to raise money to counter the appalling damage caused to the country and its economy by the criminal rapaciousness of the banks in the run-up to the financial crisis. 

We must never forget that it was the criminal irresponsibility of the banks, exacerbated by the greed and dishonesty of the banking sector employees which predicated the collapse in banking values and which identified the creation of a mountain of debt, supported by little more than hot air, and lies.

The Government was forced to extend multi-billions of tax-payers’ funds to shore up criminal institutions which were in severe danger of collapsing due to mis-management, hubris, incompetence, and downright fraud,  but no-one within the banking sector was brought to justice or sent to gaol for their dishonesty.

Imposing a levy on bank assets was nothing more than a legitimate and much-needed requirement to begin to redress the balance sheet and make the banks realise just how irresponsible they had been. Nothing hurts banks more than Government imposing a tax on their assets. Fines don’t hurt because they are paid by the shareholders.

And the banks’ response?

Well, they have huffed and puffed, and postured and threatened, in fact behaved exactly like the bullies they are. They have reached out to their friends in the media and in the PR business, and encouraged them to peddle soft-soap stories about the damage that might be caused if they ‘are forced’ to leave the UK.

Excuse me, what ‘damage’ which might be caused! Haven’t they caused enough damage already with their criminal actions and dishonest business methods. Haven’t they brought the name of the British banking sector into disrepute everywhere in the world by their refusal to comply with the simplest regulations, designed to protect the integrity of business and protect client’s funds?

Instead of acknowledging their disreputable tactics and dishonest methods, and invested enough time and energy into developing a new climate of best practice and compliance, they have moaned and whined, bleated about the unfairness of being accused of wrong-doing, and then, when the Americans started to dish out some really serious penalties, and started kicking some well-tailored butts properly, they complained at the unfairness of the fact that a foreign regulator was hitting them harder than their own people.

Having been dealt with for laundering vast sums of money for foreign organised criminal entities, and breaking international sanctions on an institutionalised scale, one might have thought that these egregious crooks would shut up and stay quiet, but instead, they have begun to posture and preen and contest the legitimacy of the plans that the Government has to try and introduce a better regime of control and client protection into their banking sector.

One unnamed banker (how typical, these creatures never want their name to be known in public) has said that a mere change to the banking levy might not be enough to keep HSBC in Britain. “...’It’s not just the levy’, he said, ‘it’s the ring fence (the forced separation of retail and investment banking), coupled with the new regulations for senior managers, (the regime which applies special responsibilities to senior bankers which could make them liable to go to gaol in the event of the collapse of their bank), ‘it’s everything...”

When the proverbial brown stuff was hitting the air conditioning about banking fraud, the constant complaint was that no-one could be prosecuted because no-one was to blame. When proposals were laid for a new regime of responsibilities, identifying senior bankers as those who must, in return for their ludicrous salaries, perks, benefits and bonuses, be considered to be responsible for the control of banks, they suddenly all jumped up in panic and denied ever wanting to be considered to be a responsible person.

I don’t know about you, but this says everything to me about what the insiders know about the level of criminality inherent in the banking sector.

They have been doing what they always do in these circumstances, and have spent a lot of time and money, lobbying H.M.Treasury over the quality and content of what they consider to be Draconian regulations.

One wonderful UK based fund manager (how these people always fail to appreciate the stupidity of their public utterances)  has been quoted as saying;

“...HSBC could free up about £1 billion of cash to share out with shareholders if it didn’t have to pay the levy...I hope it leaves, it would teach the Government a lesson...”

This person has clearly forgotten the level of fines and costs and lawyer’s fees HSBC has had to pay out to regulators for committing global criminal offences. I imagine the share out for the shareholders would be significantly more if HSBC had decided to obey the law instead, and not got caught committing minor peccadilloes such as laundering billions of dollars for the Mexican mafia drug cartels, among some more of its esoteric acrivities!

It is this kind of rank hypocrisy that always makes me laugh when I hear the moans of some of these bloated plutocrats who think that the City of London is their personal private playground and none of the UK’s laws should apply there!

Even members of the ‘Great and Good’ are lining up to tell Osborne what to do about the issue of financial ring-fencing.

Sir David Walker, who once headed up the now deeply discredited regulatory body, the Securities and Investments Board, has said there was ‘an urgent and compelling need’ to review the ring fence scheme. 

Just in case you are not fully au-fait with this esoteric piece of banking practice, the ring-fence requirement is one which makes it imperative for big banks to put their retail arms into stand-alone companies by 2019. 

I know, it’s a truly shocking requirement, and one which should make any self-respecting banker puce with anger! After all, it means that the funds of depositors will be sacrosanct, protected, ring-fenced from the capital availability of the wholesale arm of the bank, and not available to be used to underpin any dodgy financing ploy or scheme which the financiers and the investment bankers might be wanting to hatch.

It means that in the event of the wholesale arm of the bank going belly-up through some wild frolic of its managers, the funds of the clients of the bank will not be put at risk (which will of course limit the amount of compensation which depositors would need to claim from the Depositors Protection Scheme). The effect of this requirement would therefore be to encourage depositor confidence and to limit the damage that might be caused to their savings that could be caused by the banks engaging in a similar kind of wild speculation they were indulging in, prior to the financial crisis!

No wonder the bankers don’t want this requirement to stand, and it is a red line which Osborne must not cross.

No, all this talk of leaving the UK and relocating to other countries is a lot of hot air.
It is the usual kind of gamesmanship that these rank bullies indulge in when they cannot immediately get their way when they demand it.

Why am I so positive?

Right now, the City of London is the head of the global banking world and they are safer here than they would be elsewhere. HSBC is still under fire from the fall-out from its Swiss arm’s, tax-evasion scandals, and there are no doubt a number of US citizens whose funds may have been embroiled in this fiasco. The US authorities will take a very dim view of any such actions and will be looking for investigatory cooperation. There is also the small matter of the handling of the FIFA bribes cash. The deferred prosecution agreements still extant in the US mean that the American arm of HSBC is still needing to stump up singularly large sums of capital adequacy.

Moving back to Hong Kong will also have a reputational risk issue as well. Many investment professional are eyeing such a possible move with positive approval, believing, most probably quite accurately, that operating in a less well-regulated environment will mean that HSBC can earn bigger profits and thus pay bigger dividends. But there is a downside!

Most investors couldn’t give a flying fig for the reputation of the environment within which the money that pays their returns on investment is made, they just want to be paid as much as possible.

So although a move back to Hong Kong would mean happier shareholders, it would also be another dodgy reputational move. Based in Hong Kong, the Americans would look upon HSBC with positive distaste and be most unwilling to give them the benefit of the regulatory doubt, next time they get into trouble. And get into trouble they will, it’s in their DNA!

All in all, I do not believe that all the wives of the HSBC directors fancy too long an extended stay in Hong Kong. Nice for a visit, but a bit too claustrophobic for any great length of time.
My money is on them staying in the City for the foreseeable future, because that is where the centre of financial power lies. 

Speaking entirely for myself, I would love to see the back of them, but I don’t think it’s likely to happen. If they do stay, they must be made to comply with the regulatory standards that the FCA demands, and if they fail, then they must be made to pay commensurately.

Saturday, June 06, 2015

When will our banking regulators start to stand up to the banks and begin to take them on?




This question is predicated by a column heading in The Times of June 5th entitled “...Now Lloyds faces £100 million fine for PPI complaints mishandling...”

The Financial Conduct Authority found the state-backed group had wrongly denied compensation to customers over payment protection insurance (PPI) - the wider scandal that has already cost Lloyds £12 billion.

I have repeatedly stated that the British banks behave as if they are a law unto themselves, and they keep on proving me right.

They conduct themselves in the most blatantly criminogenic manner, committing financial crimes on a wholesale basis. They conduct themselves like early 20th century Mafiosi crime gangs, and it appears that nothing can be done to bring them to heel!

Sorry, someone help me please! What is this ‘mishandling’ we are now being told about?

It relates to a period from March 2012 to May 2013 when the group assessed customer complaints relating to more than 2.3 million PPI policies and rejected 37% of those - many of them wrongly. 

Lloyds apologised to customers affected.

Staff at Lloyds largest complaints handling centre were deliberately and cynically being taught ways to ensure customers got the minimum or no compensation, including initially rejecting claims, as many people, it was believed, would not pursue the matter.

The FCA found that in March 2012, Lloyds issued guidance to complaint handlers that its overriding principle when assessing complaints should be that PPI sales processes "were compliant and robust unless told otherwise".

This resulted in some of them dismissing customers' personal accounts of what had happened to them during the PPI sale.

In addition, Lloyds did not notify complaint handlers of known failings that had been identified in its PPI sales process.

Some customers were told that their complaint had been "fully investigated" when this was not the case.

Oh right, I’ve got it now, ‘mishandling’ is just another bankers’ weasel word for the deliberate and wilful ignoring of the regulator’s stated requirements that the bank should recompense clients for the cynical and deliberate exercise of fraud and criminality they had engaged in for years.

I mean, it was not as if Lloyds didn’t have form for dragging their feet over paying back the money they had nicked from their hapless clients. Only 2 years ago, Lloyds was fined £4.3 million for delays in making compensation payments to more than 100,000 clients who had been defrauded in the so-called PPI-mis-selling scam. (Mis-selling was another piece of verbal double dealing, and meant fraud on an institutional scale)!

Clearly, that fine taught Lloyds not to do it again and get into compliance, and this is what I mean when I pose the question; ‘What can be done to get these bastards to toe the line?

Their response to their regulator was no doubt to issue a lot of verbal garbage about putting customers first, and learning lessons from the past, but in reality, they were merely sticking two fingers up at the FSA and then the FCA, and carrying on ignoring the instructions of the regulator.

The big problem is that the regulatory agencies must start to behave as if they really do mean business and stop mealy-mouthing about what they see as their regulatory responsibility.

They have a raft of penalties available to them, including one which enables them to define an individual in the industry as ‘not fit and proper’ to have the control of a regulated entity.

I believe that this finding ought to be directed at every member of the Lloyds main board, and they should start packing their bags immediately and clearing their desks. They have openly connived at PPI wrongdoing for years, and now, when the chips are down and they are required to pay for their misdeeds, they simply do everything in their power to avoid the likely consequence of their criminal actions.

The fine is the largest ever retail banking penalty imposed by the authority - other larger charges have related to trading scandals such as Libor benchmark rate-rigging and foreign exchange rate manipulation. But fines are not a proper penalty for board members who simply will not do what they are instructed to do by their regulator. They have to be taught a hard and painful lesson, and we should start by ejecting them from the financial sector for life. Fines are not paid by these mafia goombahs personally, their impact falls entirely on the shoulders of the shareholders of the bank, so other means have to be found to name, shame and punish these organised criminals.

Lloyds has been the worst-hit by the PPI mis-selling scandal, having set aside a total of £12 billion out of a running total for the whole industry of £26 billion.

Georgina Philippou, acting director of enforcement and market oversight at the FCA offers the usual regulator-speak bromides by way of public statement. She is reported to have said: "If trust in financial services is going to be restored following the widespread mis-selling of PPI, then customers need to be confident that their complaints will be treated fairly. 

"The size of the fine today reflects the fact that so many complaints were mishandled by Lloyds.

"Customers who had already been treated unfairly once by being mis-sold PPI were treated unfairly a second time and denied the redress they were owed. Lloyds' conduct was unacceptable."

Making public utterances such as these go nowhere near defining the level of egregious conduct or dishonest behaviour that Lloyds has engaged in.

Ms Philippou frankly needs to rethink her approach to her role. If she honestly believes, after all this time and evidence of concerted wrong-doing and criminal damage that has been caused to the banking public that ‘trust in financial services is going to be restored’, she is kidding herself. Trust in banking will never be restored until the mafia bosses who are running these organised crime families are brought low and gaoled, named and shamed for their wilful failure to run decent and honest institutions. 

Instead what are we faced with? More public utterances which manage to diminish the sheer scale of the wrong-doing to a level equivalent to cheating at Scrabble.

Mr Horta-Osorio (Lloyds Bank CEO) said: "We made mistakes in our handling of some PPI complaints. I am very sorry for this. We have been working hard with the FCA to ensure all customers receive appropriate redress.

"That process is now substantially complete. We remain fully committed to improving our operational procedures and ensuring we do the right thing for our customers."

Yeah, yeah, yeah, yadda, yadda, yadda! It’s just the same old, same old, all over again, until the next time. And there will be a next time, depend on it. These banking crime gangs can’t make their numbers, and their executives cannot get their obscene bonuses without committing major crimes. They are already proving that as bank after bank cuts down on what were once big revenue generators, but which are now, increasingly unprofitable business centres.

Today's fine comes days after the Government fired the starting gun on a £4 billion "Tell Sid"-style share sale to be launched within the next 12 months as it seeks to sell off more of the taxpayer stake in Lloyds.

Lloyds was rescued by the taxpayer at the height of the financial crisis, but the Treasury's holding has since been shrunk from 43% to just under 19% as parcels of it have been disposed of on the stock market.

The group has faced a series of fines in recent years. Last July it was hit with penalties totalling £218 million by the FCA and US regulators over benchmark rate-rigging practices.

These included an attempt to rip off the Bank of England over its financial life support scheme, behaviour described as "highly reprehensible" by Bank governor Mark Carney.

In December 2013, Lloyds was fined £28 million over incentive schemes that rewarded staff with "champagne bonuses" and put advisers under pressure to hit sales targets or face demotion.

Lloyds has a rap-sheet longer than that of Ronnie Kray!

They have repeatedly committed gross financial crimes of every kind, and they keep on getting fined for wrong-doing.

Not that any of this seems to impact upon Mr Horta-Osorio? I don’t want to give the impression that he has not been impacted by these fines, the chief executive’s bonus was reduced, by about £360,000, but he could still be in line for a £4m payout from bonuses awarded in 2012 and 2013 – the period when the bank was found to be treating customers unfairly – and another £6.4m from a long-term scheme.

A £10.4 million bonus, eh? That should take the sting out of any opprobrium he might receive for treating his customers unfairly!

George Osborne has gone on the record today saying the time for banker bashing is over, that the banks have reformed and are operating under new rules! 

He is wrong, the leopards have not changed their spots, and they will continue to rip off their customers at every opportunity. They can’t help it, it is engrained in their DNA. We must continue to bash these bastards at every possible opportunity!

Saturday, May 23, 2015

Final real proof that the global banking industry is an organised criminal enterprise.



Those of you who have read my blogs will know that I spare no niceties when it comes to describing and defining the global banking industry.


For those of you who are new to my observations, I reiterate my firmly-held belief that by far the majority of those who work in the major global banks have become corrupted by their remuneration, and their immunity from accountability, and have become little more than unrepentant organised financial criminals.


I am on record in many places saying that I do not believe that these institutions could return the level of revenues and achieve the targets they are set, without committing wholesale criminal offences, of theft, fraud, false accounting, forgery, insider dealing and wholesale market manipulation.


I have been roundly condemned by the institutions themselves who dislike the fact that a former Fraud Squad detective like myself will so openly denounce them for being the criminal mafias that they are.


I do so because these institutions appear to make no effort to put their houses in order, despite repeated fines for criminal misbehaviour. The latest fines imposed on the industry just join a long queue of other fines imposed for previous criminality. Despite all the evidence, as yet, no-one has been sent to prison for any of these criminal forays, and despite the fact that the institutions rarely put up any meaningful contest when charged with these scandalous affairs.


It is almost as if the entire regulatory and political galere has simply come to accept as a matter of course, that the financial services industry is staffed by a bunch of morally dysfunctional criminals who appear to think nothing of flouting the criminal law on a wholesale basis.


But what can it possibly take for these Mafiosi to be brought to heel, when the regulatory agencies, the SFO and the Police Intelligence Agency do absolutely nothing to confront them?


Only this week, yet another major scandal has broken involving the usual list of criminal suspects.

Barclays Bank has been fined £1.5 billion by UK and US regulators over foreign exchange (forex) failings. 

The £1.5 billion fine includes a £284 million fine by the Financial Conduct Authority (FCA), which is the largest financial penalty ever imposed by the FCA, or its predecessor the Financial Services Authority (FSA). 

US regulator the Commodities Futures Trading Commission has fined Barclays $400 million (£257 million), the New York State Department of Financial Services $485 million (£311 million) and the U.S. Department of Justice (DOJ) $710 million (£456 million).   

Barclays is one of five institutions including Royal Bank of Scotland, JPMorgan Chase , UBS and Citigroup that have been fined a total of almost £4 billion over the manipulation of foreign exchange rates.

The FCA said that Barclays’ failure to adequately to control its forex business was particularly serious in light of its potential impact on the systemically important spot forex market. 

Georgina Philippou, FCA acting director of enforcement and market oversight, said: 'This is another example of a firm allowing unacceptable practices to flourish on the trading floor. Instead of addressing the obvious risks associated with its business Barclays allowed a culture to develop which put the firm’s interests ahead of those of its clients and which undermined the reputation and integrity of the UK financial system.'

If Ms Philippou is not careful when it comes to describing the wholesale horror stories perpetrated by the banks, she will attract the same reputation for blurbspeak, as that which defined her predecessor in title, Tracy McDermott.

The FCA found that between 1 January 2008 and 15 October 2013, Barclays’ systems and controls over its forex business were inadequate.

It said these failings gave traders the opportunity to engage in behaviours that put Barclays’ interests ahead of those of its clients, other market participants and the wider UK financial system. 

These behaviours included inappropriately sharing information about clients’ activities and attempting to manipulate spot forex currency rates, said the FCA.  

So, possessing this damning knowledge, why has the FCA reverted to its traditional discredited methods of issuing fines. It doesn’t matter how much you fine these institutions, because it doesn’t come out of the pockets of the directors or responsible people. It is paid for by Shareholders yet again, while the directors and the board continue to pick up their bonuses and salary packages.

The FCA said that Barclays was among other banks already participating in an industry-wide remediation programme, which included senior management at Barclays taking responsibility for delivering the necessary changes.

Barclays chief executive Antony Jenkins said the misconduct at the core of the failings is ‘wholly incompatible with Barclays' purpose and values and we deeply regret that it occurred. ‘

He added that dealing with these issues and appropriate disciplinary action was a ‘key priority’ in its plan to transform Barclays.

Jenkins said: ‘This demonstrates again the importance of our continuing work to build a values-based culture and strengthen our control environment. We remain completely committed to that effort. I share the frustration of shareholders and colleagues that some individuals have once more brought our company and industry into disrepute.’

In November 2014 the FCA, alongside US and Swiss regulators, fined five banks – Citibank, HSBC, JP Morgan Chase and UBS – a combined £2.1 billion over forex failings.

The fines related to the five banks' G10 currencies spot forex trading operations.

In April, Barclays set aside an additional £800 million for provisions for its involvement in the forex scandal, bringing its total provisions over the rate-rigging probe to £2 billion.

These are facts and they arise out of pleas of gulty to the commission of criminal offences, so why are none of these guilty men facing lengthy gaol sentences?

Well, now we may have the evidence we have long needed to demonstrate the true level of criminal corruption which has gripped the financial industry. This proves, once and for all, that these egregious crimes are not simply committed by a few rogue traders, which is, of course, what the directors would have us believe, but proves that wrongdoing and criminality is inherent throughout the entire business model.

Quoting from a damning report by a US law firm Labaton Sucharow LLP on the findings of a survey of financial services professionals, reveals widespread disregard for ethics, and an alarming use of secrecy policies to silence employees 


So whatever the bank CEOs may want to tell us about ‘...building a values-based culture and strengthening our control environment...’ any efforts to reform Wall Street and The City of London may be faltering dangerously.


The survey, the most expansive of its kind, polled more than 1,200 U.S. and UK-based financial services professionals to examine views on workplace ethics, the nexus between principles and profits, the state of industry leadership and confidence in financial regulators. With findings pointing to a continued disregard for ethical engagement and alarming new tactics to silence potential whistleblowers, the industry appears to be faltering in its reform efforts.


In one of the most concerning findings, 47 percent of total respondents feel it is likely that their competitors have engaged in illegal or unethical behaviour to gain an edge. While nearly one in five professionals feels it is at least sometimes necessary for financial services professionals to engage in illegal or unethical activity in order to succeed, a full 32 percent feel compensation structures or bonus plans pressure employees to compromise ethical standards or violate the law. Of those surveyed, 27 percent don't agree that the industry puts the interests of clients first.

How severe is the ethical breakdown? An astonishing 22 percent of respondents say they have observed or have first-hand knowledge of actual wrongdoing in the workplace. On an individual level, a quarter of those surveyed say they would likely engage in insider trading to make $10 million if there was no chance of being arrested. Employees with less than 10 years of experience are more than two times as likely to use non public information than those with over 20 years of experience, reporting 32 percent and 14 percent respectively.

"Most disappointing is the lack of change in many of the results when compared to surveys from previous years. Despite significant energy and efforts, it appears we need to continue to think about how to improve the culture of ethics in the financial services industry and most likely, in other sectors as well," said co-author Ann Tenbrunsel, Ph.D.

Perhaps the most disturbing findings relate to efforts to stifle reports of misconduct. Despite the unwaivable right and indeed, legal duty to report potential wrongdoing to law enforcement, and the federal government's public effort to identify and punish organizations that illegally attempt to silence employees, a shocking 16 percent of those polled say their company's confidentiality policies and procedures prohibit reporting potential illegal or unethical activities directly to law enforcement.

One out of every 10 respondents report they have signed or have been asked to sign a confidentiality agreement that specifically prohibits reporting potential illegal or unethical activities directly to law enforcement. For those who make over $500,000 annually, that number rises to 25 percent. Of the total sample, 19 percent feel it is likely that their employer would retaliate against them for reporting wrongdoing.

"When corporate whistleblowers are prohibited, discouraged or retaliated against for reporting crime to cops, we should all be scared—very scared," said Jordan A. Thomas, Chair of the Whistleblower Representation Practice at Labaton Sucharow and co-author of the report. "The widespread, systematic and previously unknown scope of gag orders in Corporate America is a wake-up call for the SEC and other law enforcement authorities. These tactics are particularly insidious because they keep local, state and federal law enforcement organizations in the dark about all types of wrongdoing—everything from large-scale corporate frauds, environmental accidents and public safety concerns." 


According to both U.S. and UK survey respondents, financial regulators and law enforcement authorities play a critical role in detecting and deterring corruption.


These are highly disturbing statistics and clearly demonstrate that the financial industry is riddled with criminal behaviour, behaviour which is recognised by management and not only tacitly condoned, but positively approved of by the use of gagging clauses, effectively preventing employees from speaking out.



This report must now be read by the entire Investigations Division of the FCA and its contents discussed and its findings analysed. These figures are reflective of the UK banking industry as well and demonstrate a very high level of criminal misconduct. This information must be assimilated into professional knowledge by the FCA and its enforcement staff and used to define and drive its investigative decisions.



There is no longer any room for complacency on the part of the FCA and those persons wh have played such a leading part in facilitating the criminal wrong-doing which has resulted in such huge fines, must be identified and prosecuted.



The Barclays CEO has made great play of the bank’s new ethical policies and its programmes to teach ethics and business transparency. In the light of findings such as these it is highly unlikely they will be successful.



When I tried to bring the evidence of Organised Criminality in banking to the attention of the Parliamentary Commission on Banking Standards, my evidence was withheld and suppressed and never published, because it was said ‘the banks wouldn’t like it’. Now we are in possession of facts such as these, I should be interested to hear what the Banking Commission has to say about banking standards today!



I won’t be holding my breath waiting!