Tag Archives: LIBOR

Banking, Britain, Economic, Financial Markets, Government, United States

Libor handed over to the Americans…

BLOW FOR THE CITY OF LONDON

The owner of the New York stock exchange has been handed responsibility for setting controversial LIBOR interest rates in a move slammed by MPs as a ‘tremendous blow’ to the City of London.

Earlier this week the Treasury confirmed that the key role will pass from lobby group the British Bankers’ Association (BBA) to transatlantic NYSE Euronext from early next year.

The process, which will still take place in London, will be overseen by City watchdog, the Financial Conduct Authority (FCA).

But while FCA head Martin Wheatley hailed this as ‘an important step in enhancing the integrity of LIBOR’, John Mann, a member of the Treasury Select Committee, blasted the decision.

The Labour MP said it was further evidence that British banks are being unfairly singled out for rigging LIBOR interest rates – while, he says, their US counterparts escape punishment.

He said:

… This is a tremendous blow to the prestige of the City of London and sends out the message that you can’t trust the British.

… What the Americans have been doing is selectively picking out British banks that have done wrong and selectively ignoring the same scandals that have been committed by their own banks… The Chancellor has failed to stick up for the City. French and Germans will be rubbing their hands with glee at the prospect of stealing other financial markets.

LIBOR – The London Interbank Offered Rate – is a key benchmark rate which is used to set mortgages for millions of homeowners and is linked to $300 trillion of financial contracts around the world.

The BBA was criticised for being asleep on the job as a number of banks, including Barclays, the Royal Bank of Scotland and UBS, routinely rigged rates under its nose.

This culminated in huge fines for these banks and the decision by an independent review headed by Mr Wheatley to strip the BBA of its role.

The decision to award the contract to the New York Stock Exchange-owner followed a bidding war orchestrated by an independent committee, headed by former journalist Baroness Hogg – now a senior independent director at the Treasury. NYSE Euronext, which owns the pan-European Euronext market and will pay £1 for BBA Libor Ltd’s assets, said it is ‘uniquely placed’ to restore the international credibility of LIBOR. BBA has refused to reveal how many of its employees work on LIBOR.

Failed bidders are understood to include financial information provider Thomson Reuters, which has calculated LIBOR on behalf of the BBA since 2005.

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COMMENT

The British Bankers’ Association, a wildly discredited organisation given its mishandling of LIBOR, the interest rate that sets the price for trillions of dollars of transactions across the world, has much to answer for. Its sclerotic behaviour under the BBA’s previous leadership failed to respond with any willpower to criticisms made by the Federal Reserve. Had it done so, it is possible that the LIBOR scandal – which wiped out the top management at Barclays – might never have happened.

Not that the Bank of England has totally clean hands in any of this. It may have had no direct responsibility for keeping Britain’s markets honest, but it can be accused of being lackadaisical in making sure the BBA acted on Fed criticisms and forced through reforms designed to erect Chinese walls between LIBOR setters and traders so that opportunities for rigging were stamped out.

Paradoxically, the Libor business that NYSE Euronext will inherit has shrunk dramatically. Post the Great Recession the LIBOR market has been in deep slumber because banks are so distrusting of each other, especially in the eurozone.

It’s possible that among the reasons for awarding the LIBOR contracts to NYSE Euronext rather than the London Stock Exchange is that London’s bid came in association with Thomson Reuters, the financial institution which set the reference rate under the old broken regime.

Thomson Reuters’ independence has been challenged recently by the New York State Attorney Eric Schneiderman who is critical of an arrangement under which premium customers get privileged access – a two second advantage – to the University of Michigan consumer confidence index. At a time when the City is under siege from Brussels over a variety of issues, it does seem bizarre that we should allow an interest rate market that grew in London in the 1970s, to escape US tax measures, to head back across the Atlantic.

And while several European banks, including Barclays, RBS and UBS, have paid a heavy price from US regulators for LIBOR manipulation, so far there has not been a single successful prosecution or settlement with an American bank. That in itself should raise many previously unanswered curious questions, as LIBOR setting now moves to the United States.

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Banking, Britain, Economic, Finance, Government

Parliamentary Commission on Banking Standards…

The Parliamentary Commission on Banking Standards has said that bosses of failed banks should face jail or lose the right to claim bonuses for up to ten years for ‘reckless misconduct’.

The new criminal offence would make sure that top executives paid for their ‘shocking and widespread malpractice’, according to a report by the commission which makes a number of recommendations on banking standards to the government.

Not a single British banker has been sent to prison since the financial crash began in 2007, but the proposed legislation seeks tougher disciplinary measures against errant bankers.

As well as prison terms, bankers could face heavy fines and bans from the financial services industry, as well as curbs on bonuses and the threat of pensions being cancelled.

Commission chairman Andrew Tyrie MP said:

… Under our recommendations, senior bankers who seriously damage their banks or put taxpayers’ money at risk can expect to be fined, banned from the industry, or, in the worst cases, go to jail. That has not been the case up to now.

In its 527-page report, the commission found that ‘deep lapses in standards have been commonplace’. Mr Tyrie highlights that it is not just bankers that need to change. The actions of regulators and governments have contributed to the decline in standards, too, he says.

The commission of MPs and peers calls for a sweeping overhaul of top pay, with city regulators given new powers to cancel pension rights and payoffs for the bosses of bailed-out banks.

It also wants watchdogs to be able to force banks to defer bonus payments for up to a decade, in order to prevent bosses reaping large rewards for risky, short-term strategies that subsequently lead to losses.

According to Mr Tyrie the rewards for fleeting, often illusory success have been huge, while the penalties for failure have been much smaller, or non-existent.

However, the director general of the CBI, John Cridland, said:

… There are tough criminal sanctions in the UK for those who engage in fraudulent behaviour. Enforcing those must come before the introduction of new sanctions.

The findings of the parliamentary commission, set up last summer in the wake of the LIBOR scandal, are not binding, but the Government is being urged to implement its recommendations ‘in full’. The proposals have been handed to ministers.

The reforms will aim to prevent a repeat of the bailouts and scandals such as the LIBOR rate-rigging, where some bankers have walked away with large payoffs and pensions.

But bankers will not be targeted retrospectively. The disgraced banker, Fred Goodwin, who left the Royal Bank of Scotland in ruins but is still receiving a pension of £342,000 a year for life, will be unaffected.

Nor will any legislation ensnare former HBOS chief James Crosby, who will collect £406,000 of his £580,000-a-year retirement deal.

Under current rules, senior bankers have been able to evade punishment by claiming they were not responsible for collapses and that they had not committed deliberate fraud, with the onus on financial authorities to prove wrongdoing.

In the proposed regime, though, senior managers could be held individually accountable and would have to show they took ‘all reasonable steps’ to avoid a failure.

Mr Tyrie said that a lack of personal responsibility has been commonplace throughout the industry, and added:

… Senior figures have continued to shelter behind an accountability firewall.

The commission also wants a new licensing system to stop traders involved in setting LIBOR rates and prevent area managers who oversee the sale of financial products from slipping through the net.

The report also recommends that City watchdogs should be able to force badly-behaved banks to sign a formal agreement to improve their culture and standards.

The commission – whose members include the Archbishop of Canterbury Justin Welby and former Chancellor Lord Lawson – also demands the dismantling of UK Financial Investments (UKFI), the body that is supposed to manage taxpayers’ holdings in RBS and Lloyds at arms’ length from ministers.

It said the Government, which denies forcing the recent resignation of RBS boss Stephen Hester, has interfered in the running of the two banks and that UKFI is seen as a ‘fig leaf’ for ‘the reality of direct government control’.

Ministers must also make an immediate commitment to analyse whether RBS should be split up into a ‘good bank’, that could lend more to small firms and personal customers, and a ‘bad bank’ to dump its toxic assets, the commission said.

A study of high street lenders by competition watchdogs and an independent panel of experts to look at measures to help bank customers were also part of the recommendations.

Lord Oakeshott, a former LibDem Treasury spokesman, said:

… We must stop the subterfuge of UKFI and put the Treasury on the spot to make the banks we own, lend. RBS, our biggest business bank, has failed the nation that rescued it at £1,500 for every taxpayer. It must be broken up with new management and tough net lending targets for the good bank so small business can grow again.

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