Criminal bankers have brazenly milked the system. Let’s change it

Will Hutton in The Guardian

 

 Traders colluded in online chatrooms to time the buying and selling of huge amounts of currency. Photograph: Ruben Sprich/REUTERS

The world’s biggest banks had been steeling themselves for months before the US Department of Justice’s rulings on manipulation in the foreign exchange markets. Last week’s announcement was, if anything, less tough than expected; £3.7bn of fines were levied on top of those announced last autumn, to bring the grand total to an astounding £6.3bn. Crucially, the banks also admitted that what they had done was criminal. The US attorney general, Loretta Lynch, declared that foreign exchange traders had exhibited“breathtaking flagrancy” in setting up a group they called “the cartel” to manipulate the market between 2007 and the end of 2013. The fine was “commensurate with the pervasive harm done. And it should deter competitors in the future from chasing profits without regard to fairness, to the law, or to the public welfare”.


Put bluntly, the world’s most prestigious banks had brazenly and systematically ripped off their clients. It was the crime of the decade. Yet the markets had been expecting worse. Only a month ago, Deutsche Bank had paid a record £1.6bn fine for manipulating and rigging prices in the currency and money markets. If this was the benchmark, thought the markets, the fines for other banks would be higher. As it was, £3.7bn seemed almost modest and the share prices of Barclays, RBS, Citigroup and JP Morgan rose sharply in relief.

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The hope in the banking world is that the worst may be over. The combination of modestly increased regulation, stronger internal compliance and clawing back pay and bonuses if there has been malpractice – together with genuine determination at board level to root out criminal practice in dealing rooms – should begin to make a difference.


Yet will it be enough? Our grandparents, less in hock to today’s ruling doctrines – that markets can be presumed to be infallible and egoism is always beneficial – were wiser about how to organise markets than today’s economists and regulators. It is striking, despite record fines and the sacking of the Bank of England’s head of foreign exchange operations, who knew about the collusion but never drew it to the authority’s attention (on the grounds that whistleblowing was not part of his duties), that the British approach is still softly, softly.


Minouche Shafik, deputy governor of the Bank of England, expressed her horror at the casual “misconduct” among traders and the language they used to justify what they did in a speech to the London School of Economics last autumn. (Shafik is in charge of the fair and effective market review that will propose changes to the foreign exchange markets.) She conceded that no one can talk any more of a few bad apples – the barrel is rotten. But while recognising that deep change was necessary, her proposed areas for potential remedial action are largely technical. Tonally, her comments reminded me of the infamous Bischoff report into the banking system in 2008/9, which, despite the narrowly averted banking collapse, recommended as little as possible should be done to reform the City.


In fairness, Shafik spoke before last week’s admissions of criminality. The US Justice Department has raised the stakes. What everyone has to confront is that the banks have been party to an organised, global criminal conspiracy to defraud their clients. Traders colluded in secret online chatrooms to time the buying and selling of huge amounts of foreign currency to benefit each other. As one said: “If you ain’t cheating, you ain’t trying.” The entire framework, and the economic philosophy that supported it, has been found wanting.


In terms of structure, the foreign exchange markets are the closest to a Thatcherite nirvana that has ever been devised. Governments do not manage rates to comply with an internationally agreed system, as they did after the war. The price of a pivotal financial asset is determined wholly by private supply and demand. The market makes its rules. There has been close to zero public regulation. Banks buy and sell on their account freely and for their clients. Conflicts of interest abound. The pursuit of profit is the only hallowed value.


The argument in favour of this is that it is vital for the promotion of world trade and prosperity, but daily turnover on the foreign exchange markets dwarfs the volume of world trade. To paraphrase Adair Turner when chair of the now-abolished Financial Services Authority, much of this turnover is plainly neither socially useful nor promotes public welfare. It does, however, enrich those who trade in it and, as we see, criminally.


For 30 years, the doctrine has been that state involvement would be counterproductive. Modern companies, of which banks are a sub-set, have been encouraged to define themselves not as organisations delivering economic and social good, but as profit-making machines for anonymous, tourist shareholders. Managers did not question their trading teams too hard: they knew how important the profit was to their bonuses and to the bank. As for the teams, they were prepared to trade themselves – moving from bank to bank, depending on whoever paid them best. They were not an integral part of great organisation: they were, and are, boys on the make.


In a letter to all the CEOs of Fortune 500 companies, Larry Fink, head of BlackRock Asset Management, the biggest in the world, deplored the short-term financial priorities of modern corporations, which he said had lost their way and urged a refocusing. What has happened in our currency dealing rooms is part of that story. Addressing it requires a new deal between shareholders, companies and their workforces, and between the public and the private. We need a reshaping of company law and the way companies are owned so that managers pursue less fevered, short-term amoral strategies. And we need an acceptance that in market after market there is a co-dependence between state and business.


Rather than imposing swingeing fines after the event, the state has an obligation to create, with the banks, a financial architecture in which such practices cannot happen. Conflicts of interest and opportunities for price rigging should be outlawed. Criminal currency traders should be prosecuted All bonuses should be capable of being clawed back. Currency trading should be licensed on organised, accountable exchanges.


Those rules and systems that the world’s free marketeers considered so antediluvian turn out to be wise and friendly to honest-to-god businesses. Mark Carney’s Bank of England has been quietly re-regulating mortgage finance, abandoning the free-market zealotry of the 1980s and 1990s. It should do the same in the foreign exchange markets. Our grandparents were not so stupid after all.

Financial fascism

By Chan Akya

If politics were just war by another name, then economics would be the favored armory of both sides. Europe has gone one step further last week, almost unimaginably bringing back the era of fascism as it contends with the unwieldy agglomeration of financial contradictions that the euro project has now become.

The birthplace of democracy, Greece, has gone back to a managed dictatorship after the collapse of the democratically elected George Papandreou government on Sunday, to be replaced by a national unity government with a technocrat at its helm. Reading between the lines, the idea isn't hard to understand: a pliant government in Athens that is helmed by a

 
eurocrat, unable to ask any questions of Brussels and unwilling to concede over any objections from the population of Greece.

The apparent crime of the Greeks was to ask their prime minister for a referendum on the latest series of proposals from European authorities on a new bailout for their country (see The men without qualities, Asia Times Online, October 29, 2011). This set off panic in stock and bond markets mid-week and prepared the stage for an ugly showdown as well as unprecedented developments.

For the European governments, this level of panic in the markets was simply unacceptable as it showed deep "ingratitude" on the part of the Greeks; that view of course conveniently ignores ground realities of austerity that the Greeks would endure on their own so that bankers in Paris and Frankfurt wouldn't face job or pay cuts.

Greece's prime minister was invited to the Group of 20 (G-20) meeting in Cannes, making the confab G-21 for a while according to wags, although I maintain that the "G" in G-20 stood for Greece all along. After receiving suitably strong tongue-lashings from German leader Angela Merkel and French President Nicholas Sarkozy, a suitably chastened Papandreou dropped plans for a referendum and instead started work on a national unity government that would have the implementation of the eurozone bailout plan as its major (and perhaps only) policy point.

G-20 released an insipid statement that went nowhere in terms of helping the Europeans. All the fond expectations of the Europeans were dashed to the ground - be it the increased role of the European Financial Stability Facility (EFSF) to which various countries would contribute (no contributions were forthcoming in the end), or expanded powers for the International Monetary Fund (IMF) to help manage the crisis (ditto).

Poorer countries objected to the very notion of further contributions to bail out rich European countries, particularly when the Europeans apparently couldn't agree on priorities. While the statement describes lofty ideals of growth globally, it does little to actually suggest ways and means of reversing the problems with countries and zones in recession: in particular, Europe.

To cut the eurozone's structural drag, countries will have to improve competitiveness. This can only be done if structural constraints on growth are removed, the main one of which is the overly generous social programs. Alternatively, Europe can choose to maintain social safeguards but will have to forsake a strong currency. Inflation would then do to the European lifestyles what common sense alone couldn't establish.

This is the meta context under which the European crisis resolution is being fought. Countries with savings - like Germany - do not wish to suffer from inflation but want instead that their southern neighbors simply destroy structural benefits instead. Southern countries would rather keep their benefit systems, but try to depreciate their currencies to a growth path.

Another issue and perhaps the core one is that the elite want one thing, and have decided to pursue that solution - written by bankers - without heeding the legitimate demands of those ostensibly being bailed out.

It gets worse. Not content with one unwieldy object, the G-20 also had to contend with a second one, namely Italy, wherein the government rejected calls for IMF aid while calling for "increased surveillance" and a formalization of the troika (European Union, IMF and European Central Bank) in case Italy needed funds later. Market observers who had to sit through months of uncertainty waiting for the Europeans to get their act together over a 100 billion euro (US$137 billion) bailout package for Greece will now have to do the same for a 1 trillion euro package for Italy.

Italian bonds crossed the magic level of 450 basis points (bps) in spread over Germany last week even as the EFSF failed in its attempted 13 billion euro funding deal. The level of 450 basis points is important because that sets rules with respect to collateral posting against global banks, and essentially puts a sovereign "in play" ie enhances volatility expectations in markets, with unspecified market demands for resolution driving sentiment.

It fell to the French president to tell off the Greeks in the end: plainly, he stated, that the Greeks could have any referendum they wanted, but would have to leave the euro if they went ahead with this particular one. Germany's most popular newspaper, the Bild, called last week for a referendum in Germany on whether Greece could stay in the single currency or not.

So it has come to this, that the French who started the era of modern European democracies with their storming of the Bastille and a cry of "liberty, equality and fraternity" essentially devalued their own history by telling the Greeks not to have inconvenient opinions. I can spy the ghost of Marie Antoinette demanding her head back.

The message from eurocrats couldn't have been more unequivocal if they had spelled it all out: democracy was an unnecessary complication in the grand European project.

Elsewhere, the new resident of the European Central Bank, Mario Draghi, conducted his first full meeting and started with an auspicious (I am being sarcastic) rate cut to get things going. The idea that the new ECB president would be populist and swing the monetary institution somewhat further on loose monetary policy than his predecessor ever managed was immediately (of course) played up in the popular media.

Think about it like this - the ECB has been criticized for inflicting greater pain on the highly indebted countries by raising rates and failing to do more towards monetary easing. The incoming head of the ECB likely has very similar inclinations to his predecessor (he announced, for example, that there was no mechanism for any country to leave the euro) but has decided to have a stronger public relations battle by starting off with a small rate cut that would do absolutely nothing to resolve the core issues because high interest rates are not the issue while wide credit spreads very much are.

It has been clear with every new European approach to the crisis that the primary objective of any grouping is to save the European financial system at all costs. This system includes within it a unwieldy common currency that has simply failed to meet its objectives for the 11 years of its existence. Rather than consigning the project to the dustbin of history, the elite of Europe choose to perpetuate the currency's existence at the expense of the people.

This is what fascism is all about at the end - an overwhelming subjugation of the individual at the altar of nationalism, the authoritarian rule of a financial system that disallows countries from following their own courses.

Between them, it is difficult to read too much into the events; even allowing for a fair bit of doubt to gather in one's mind the unshakable end result is a feeling of deja vu as it appears that the fascist past echoed by the likes of Mussolini, Franco and Hitler has come back to roost.

The Rioters' Defence

By Peter Oborne Politics Last updated: August 11th, 2011 in The Telegraph


David Cameron, Ed Miliband and the entire British political class came together yesterday to denounce the rioters. They were of course right to say that the actions of these looters, arsonists and muggers were abhorrent and criminal, and that the police should be given more support.

But there was also something very phony and hypocritical about all the shock and outrage expressed in parliament. MPs spoke about the week’s dreadful events as if they were nothing to do with them.
I cannot accept that this is the case. Indeed, I believe that the criminality in our streets cannot be dissociated from the moral disintegration in the highest ranks of modern British society. The last two decades have seen a terrifying decline in standards among the British governing elite. It has become acceptable for our politicians to lie and to cheat. An almost universal culture of selfishness and greed has grown up.

It is not just the feral youth of Tottenham who have forgotten they have duties as well as rights. So have the feral rich of Chelsea and Kensington. A few years ago, my wife and I went to a dinner party in a large house in west London. A security guard prowled along the street outside, and there was much talk of the “north-south divide”, which I took literally for a while until I realised that my hosts were facetiously referring to the difference between those who lived north and south of Kensington High Street.

Most of the people in this very expensive street were every bit as deracinated and cut off from the rest of Britain as the young, unemployed men and women who have caused such terrible damage over the last few days. For them, the repellent Financial Times magazine How to Spend It is a bible. I’d guess that few of them bother to pay British tax if they can avoid it, and that fewer still feel the sense of obligation to society that only a few decades ago came naturally to the wealthy and better off.

Yet we celebrate people who live empty lives like this. A few weeks ago, I noticed an item in a newspaper saying that the business tycoon Sir Richard Branson was thinking of moving his headquarters to Switzerland. This move was represented as a potential blow to the Chancellor of the Exchequer, George Osborne, because it meant less tax revenue.

I couldn’t help thinking that in a sane and decent world such a move would be a blow to Sir Richard, not the Chancellor. People would note that a prominent and wealthy businessman was avoiding British tax and think less of him. Instead, he has a knighthood and is widely feted. The same is true of the brilliant retailer Sir Philip Green. Sir Philip’s businesses could never survive but for Britain’s famous social and political stability, our transport system to shift his goods and our schools to educate his workers.

Yet Sir Philip, who a few years ago sent an extraordinary £1 billion dividend offshore, seems to have little intention of paying for much of this. Why does nobody get angry or hold him culpable? I know that he employs expensive tax lawyers and that everything he does is legal, but he surely faces ethical and moral questions just as much as does a young thug who breaks into one of Sir Philip’s shops and steals from it?

Our politicians – standing sanctimoniously on their hind legs in the Commons yesterday – are just as bad. They have shown themselves prepared to ignore common decency and, in some cases, to break the law. David Cameron is happy to have some of the worst offenders in his Cabinet. Take the example of Francis Maude, who is charged with tackling public sector waste – which trade unions say is a euphemism for waging war on low‑paid workers. Yet Mr Maude made tens of thousands of pounds by breaching the spirit, though not the law, surrounding MPs’ allowances.

A great deal has been made over the past few days of the greed of the rioters for consumer goods, not least by Rotherham MP Denis MacShane who accurately remarked, “What the looters wanted was for a few minutes to enter the world of Sloane Street consumption.” This from a man who notoriously claimed £5,900 for eight laptops. Of course, as an MP he obtained these laptops legally through his expenses.

Yesterday, the veteran Labour MP Gerald Kaufman asked the Prime Minister to consider how these rioters can be “reclaimed” by society. Yes, this is indeed the same Gerald Kaufman who submitted a claim for three months’ expenses totalling £14,301.60, which included £8,865 for a Bang & Olufsen television.

Or take the Salford MP Hazel Blears, who has been loudly calling for draconian action against the looters. I find it very hard to make any kind of ethical distinction between Blears’s expense cheating and tax avoidance, and the straight robbery carried out by the looters.

The Prime Minister showed no sign that he understood that something stank about yesterday’s Commons debate. He spoke of morality, but only as something which applies to the very poor: “We will restore a stronger sense of morality and responsibility – in every town, in every street and in every estate.” He appeared not to grasp that this should apply to the rich and powerful as well.

The tragic truth is that Mr Cameron is himself guilty of failing this test. It is scarcely six weeks since he jauntily turned up at the News International summer party, even though the media group was at the time subject to not one but two police investigations. Even more notoriously, he awarded a senior Downing Street job to the former News of the World editor Andy Coulson, even though he knew at the time that Coulson had resigned after criminal acts were committed under his editorship. The Prime Minister excused his wretched judgment by proclaiming that “everybody deserves a second chance”. It was very telling yesterday that he did not talk of second chances as he pledged exemplary punishment for the rioters and looters.

These double standards from Downing Street are symptomatic of widespread double standards at the very top of our society. It should be stressed that most people (including, I know, Telegraph readers) continue to believe in honesty, decency, hard work, and putting back into society at least as much as they take out.
But there are those who do not. Certainly, the so-called feral youth seem oblivious to decency and morality. But so are the venal rich and powerful – too many of our bankers, footballers, wealthy businessmen and politicians.

Of course, most of them are smart and wealthy enough to make sure that they obey the law. That cannot be said of the sad young men and women, without hope or aspiration, who have caused such mayhem and chaos over the past few days. But the rioters have this defence: they are just following the example set by senior and respected figures in society. Let’s bear in mind that many of the youths in our inner cities have never been trained in decent values. All they have ever known is barbarism. Our politicians and bankers, in sharp contrast, tend to have been to good schools and universities and to have been given every opportunity in life.

Something has gone horribly wrong in Britain. If we are ever to confront the problems which have been exposed in the past week, it is essential to bear in mind that they do not only exist in inner-city housing estates.
The culture of greed and impunity we are witnessing on our TV screens stretches right up into corporate boardrooms and the Cabinet. It embraces the police and large parts of our media. It is not just its damaged youth, but Britain itself that needs a moral reformation.

I'm starting to think that the Left might actually be right

 Charles Moore in The Telegraph on 23/7/2011

It has taken me more than 30 years as a journalist to ask myself this question, but this week I find that I must: is the Left right after all? You see, one of the great arguments of the Left is that what the Right calls “the free market” is actually a set-up.

The rich run a global system that allows them to accumulate capital and pay the lowest possible price for labour. The freedom that results applies only to them. The many simply have to work harder, in conditions that grow ever more insecure, to enrich the few. Democratic politics, which purports to enrich the many, is actually in the pocket of those bankers, media barons and other moguls who run and own everything.

In the 1970s and 1980s, it was easy to refute this line of reasoning because it was obvious, particularly in Britain, that it was the trade unions that were holding people back. Bad jobs were protected and good ones could not be created. “Industrial action” did not mean producing goods and services that people wanted to buy, it meant going on strike. The most visible form of worker oppression was picketing. The most important thing about Arthur Scargill’s disastrous miners’ strike was that he always refused to hold a ballot on it.

A key symptom of popular disillusionment with the Left was the moment, in the late 1970s, when the circulation of Rupert Murdoch’s Thatcher-supporting Sun overtook that of the ever-Labour Daily Mirror. Working people wanted to throw off the chains that Karl Marx had claimed were shackling them – and join the bourgeoisie which he hated. Their analysis of their situation was essentially correct. The increasing prosperity and freedom of the ensuing 20 years proved them right.

But as we have surveyed the Murdoch scandal of the past fortnight, few could deny that it has revealed how an international company has bullied and bought its way to control of party leaderships, police forces and regulatory processes. David Cameron, escaping skilfully from the tight corner into which he had got himself, admitted as much. Mr Murdoch himself, like a tired old Godfather, told the House of Commons media committee on Tuesday that he was so often courted by prime ministers that he wished they would leave him alone.

The Left was right that the power of Rupert Murdoch had become an anti-social force. The Right (in which, for these purposes, one must include the New Labour of Tony Blair and Gordon Brown) was too slow to see this, partly because it confused populism and democracy. One of Mr Murdoch’s biggest arguments for getting what he wanted in the expansion of his multi-media empire was the backing of “our readers”. But the News of the World and the Sun went out of the way in recent years to give their readers far too little information to form political judgments. His papers were tools for his power, not for that of his readers. When they learnt at last the methods by which the News of the World operated, they withdrew their support.

It has surprised me to read fellow defenders of the free press saying how sad they are that the News of the World closed. In its stupidity, narrowness and cruelty, and in its methods, the paper was a disgrace to the free press. No one should ever have banned it, of course, but nor should anyone mourn its passing. It is rather as if supporters of parliamentary democracy were to lament the collapse of the BNP. It was a great day for newspapers when, 25 years ago, Mr Murdoch beat the print unions at Wapping, but much of what he chose to print on those presses has been a great disappointment to those of us who believe in free markets because they emancipate people. The Right has done itself harm by covering up for so much brutality.

The credit crunch has exposed a similar process of how emancipation can be hijacked. The greater freedom to borrow which began in the 1980s was good for most people. A society in which credit is very restricted is one in which new people cannot rise. How many small businesses could start or first homes be bought without a loan? But when loans become the means by which millions finance mere consumption, that is different.

And when the banks that look after our money take it away, lose it and then, because of government guarantee, are not punished themselves, something much worse happens. It turns out – as the Left always claims – that a system purporting to advance the many has been perverted in order to enrich the few. The global banking system is an adventure playground for the participants, complete with spongy, health-and-safety approved flooring so that they bounce when they fall off. The role of the rest of us is simply to pay.
This column’s mantra about the credit crunch is that Everything Is Different Now. One thing that is different is that people in general have lost faith in the free-market, Western, democratic order. They have not yet, thank God, transferred their faith, as they did in the 1930s, to totalitarianism. They merely feel gloomy and suspicious. But they ask the simple question, “What's in it for me?”, and they do not hear a good answer.
Last week, I happened to be in America, mainly in the company of intelligent conservatives. Their critique of President Obama’s astonishing spending and record-breaking deficits seemed right. But I was struck by how the optimistic message of the Reagan era has now become a shrill one. On Fox News (another Murdoch property, and one which, while I was there, did not breathe a word of his difficulties), Republicans lined up for hours to threaten to wreck the President’s attempt to raise the debt ceiling. They seemed to take for granted the underlying robustness of their country’s economic and political arrangements. This is a mistake. The greatest capitalist country in history is now dependent on other people’s capital to survive. In such circumstances, Western democracy starts to feel like a threatened luxury. We can wave banners about “life, liberty and the pursuit of happiness”, but they tend to say, in smaller print, “Made in China”.

As for the plight of the eurozone, this could have been designed by a Left-wing propagandist as a satire of how money-power works. A single currency is created. A single bank controls it. No democratic institution with any authority watches over it, and when the zone’s borrowings run into trouble, elected governments must submit to almost any indignity rather than let bankers get hurt. What about the workers? They must lose their jobs in Porto and Piraeus and Punchestown and Poggibonsi so that bankers in Frankfurt and bureaucrats in Brussels may sleep easily in their beds.

When we look at the Arab Spring, we tend complacently to tell ourselves that the people on the streets all want the freedom we have got. Well, our situation is certainly better than theirs. But I doubt if Western leadership looks to a protester in Tahrir Square as it did to someone knocking down the Berlin Wall in 1989. We are bust – both actually and morally.

One must always pray that conservatism will be saved, as has so often been the case in the past, by the stupidity of the Left. The Left’s blind faith in the state makes its remedies worse than useless. But the first step is to realise how much ground we have lost, and that there may not be much time left to make it up.