The text message read:
"Dude. I owe you big time! Come over one day after work and I'm opening a
bottle of Bollinger." It sounded ordinary enough, but the context was much
darker.
In as early as 2005, traders
around the world in London, New York, and Tokyo began to rig the London interbank
offering rate, LIBOR. They asked each other to submit phony numbers to the
British Bankers’ Association, who finds LIBOR from the top 16 banks’ submitted
median rate. Communicating through calls, emails, and texts, they asked each
other to turn in artificial figures in order to derive their desired rate, one
that they can readily make money on. Taking advantage of the anachronistic practice,
inherited from the 18th century when only a handful of banks opened
shop in London, they exploited its need for a long overdue reform. Furthermore,
through blatantly cheating the system, they acted as if they were above the
media, the public, and the law, but they were wrong.
In 2012, government regulators such as the
SEC, the security and exchange commission, unveiled the rigging and handed out
hefty fines to the involved institutions. As part of the settlement, they agreed
to disclose their records. As if the traders never bothered to cover their
tracks, they left a trail of mind boggling crumbs. The evidences are not only juvenile
compared to the sophistication of the financial system, but also insulting to
the SEC regulators. One can get the picture just by reading a few lines- LIBOR fixing
was rampant and the traders had no filter, no qualms, and no remorse. In some
ways, fixing the LIBOR seemed to be as common as rolling up the sleeves and
sipping on coffee at work.
Nothing is implied and no decrypting is necessary,
they said everything in plain English. One Barclays trader asked another to
raise the rate in May 31 2006, “"We have
another big fixing tom[orrow] and with the market move I was hoping we could
set the 1M and 3M Libors as high as possible." In response, his counterparty
followed suit. There is no pledging, no fraternity, and no brotherhood, yet all
the traders understood the rule. As financial professionals who studied at
similar institutions, received similar trainings, and interested in similar
goals, they are all too familiar with the implicit rule of the game, “I scratch
your back, and you scratch my back.” As a result, they comply, and often with
great enthusiasm. They joked back and forth; traders from all over the world
resonated in their light hearted responses, “for you ... anything,” “always
happy to help, leave it with me, Sir," and "Done ... for you big boy
...."
Furthermore, while there are some such as
RBS’s Tan who saw the fixing justified and filed an unlawful dismissal suit for
his firing, most understood the crime. However, the guilty conscience or at
least law breaking acknowledgement failed to deter them from participating. As
if receiving an honorable invitation to join the mafia, they relished at the opportunity.
One trader commented “its just amazing how libor fixing can make you that much
money” while the other proclaimed “its a cartel now
in london[.]” The unlawful practice was beyond just a few individuals.
In 2008, a Barclays Treasury manager claimed that Barclays’ involvement has
been overstated, "we're clean, but we're
dirty-clean, rather than clean-clean" and the counterparty responded
"no one's clean-clean." Such prevalent practice led Barclays to
internally agree to defend the banks’ accurate and fair LIBORs to the media on
29 May 2008, as shown in disclosed records.
With the scandal blown out
of the water, the media has been at the front and center in covering the rigging.
Since 2012, major business publications such as the Wall Street Journal,
Financial Times, Business Week, and Economist have dedicated extensive reports
on the details of the scandal. Their month long coverage culminated in SEC’s fine
announcements. It fined RBS, UBS, and Barclays a combined 2.3 billion dollars
and is investigating 20 more firms for their involvement. Given the media’s
heavy scrutiny and the law enforcement’s hard response, contrary to the
traders’ belief, they were not above the media and the law. However, they may
be right about the public.
While the press and the
regulatory bodies have all been outraged by this mess, the case has not
resonated much with the public. For weeks, finance publications interviewed
financial professionals, analyzed the event timeline, and speculated on future
regulations. Through eye catching covers and brow raising front pages, they
eagerly sought the public’s attention. Yet, as egregious
as the rigging is, it does not seem to be much of a surprise to the Main Street-
the wolves on Wall Street are still wolves. Long accustomed to the
banks’ disappointing behaviors, many may have not only institutionalized their
distrust, but also grown numb to the injustices. But
that does not convey the full picture.
One potential reason behind Main Street’s
underwhelming reaction may be because few understand the depravity of the
fixing. In some ways, the traders at the banks were right, what they were doing
is above an ordinary person. However, the rigging affects everyone, even to
those who intend on hiding behind the veil of inattention and indifference. LIBOR,
the London interbank offering rate, is a rate used to set interest rates from
all over the world. It affects eight trillion dollar worth of financial
derivatives. What this means is that anyone who has a bank account may have
been overcharged for the loan or underpaid for the deposits.
LIBOR, which represents the rate at which the
top European banks are lending its deposits to each other, is formed organically
through supply and demand. Based on the demand for loans by creditors and the
supply of deposits from depositors, banks pull back and forth in a tug of war
to yield LIBOR. For instance, if creditors have a high demand for loans, banks
would prefer to lend to them at the higher rate versus lending to other banks
at a lesser rate. At the same time, if creditors have a low demand for loans, banks
would prefer to lend to each other at the lower rate versus earning no interest
from the idly sitting excess deposits. As a result, given the market forces
between banks, LIBOR is formed. Since banks make money from the difference
between the rate at which it pays its depositors and the rate at which it
charges its creditors, they pay the utmost attention to this process.
LIBOR is then used to set prices for all
kinds of financial derivatives. One way to understand it is through a lemonade
stand. As if the financial derivatives were the freshly squeezed lemonade, the
bank is the lemon farmer. Similar to how the lemon farmer sets the price of the
lemon based on the harvest supply and the seasonal demand, the bank sets the
cost of borrowing money the same way at LIBOR. As the child buys the lemon,
squeezes it into juice, and sells it to kind hearted friends and family, the price
of the cup is marked up from the price of the lemons to make up for the labor
the child put into running the stand. The cost of borrowing money also
increases in the same way. As a result, to the end user, whether it may be a cash
starved small business owner, a newly wed house buyer, or freshly loaned
student, the interest rates they receive are all the original LIBOR plus some.
While all this information may be too dense
for an average reader to understand, hope is not lost. While the Main Street has
no idea what is going on, the SEC has been protecting the consumers and have
recently stepped up its law enforcement. Signed into law by President Roosevelt
in 1933 under the Securities Exchange Act, the SEC investigates frauds, audits
financial records, litigates in court, and upholds the law. The agency has been
most active in busting insider trading, accounting frauds, and business
malpractices. Its notable victories include the WorldCom fraud in 2000s and the
Mortgage Backed Securities debacle in 2008. With more than 723 settlements
reached in 2012 and an average of 1 million per case, it has fought to return
more than 700 million to the victims. Though in the past, it has been
criticized for its policy favoring quick settlement over costly and long court
room battles, which allows guilty firms to neither admit nor deny and settle
with fines, it is undergoing a paradigm shift. It still acknowledges the usefulness
of such practice, but is also ready to do whatever it takes to get Wall Street
in line.
Since the new commissioner, Mary Jo White,
came into power, the SEC has handed out record fines, sought criminal
prosecution, and scared the banks into playing nice. Though the SEC is by no
means soft, with its 2.3 billion fine to
RBS, Barclays, and UBS for LIBOR fixing, 920 million fine to J.P Morgan for its
rogue London trader, and 417 million fine to Credit Suisse for mortgage backed
securities related issues, it has answered the call to toughen its position.
For instance, in addition to having JP Morgan pay 920 million to compensate the
shareholders for the damage, it also required the firm to admit to its poor
risk management strategies. Forcing the firm to admit to their poor practice, which
involved encouraging traders to take riskier bets in a “double or nothing” play
in an attempt to recoup the trading loss instead of calling it a day, the SEC
is no longer playing the nice cop. It wants the firm to face its mistakes and
shareholders straight on. Furthermore, White also reversed the previously
agreed settlement with Harbinger Capital Partners to seek harsher punishments
for the guilty Philip Falcone. Refusing to let the billionaire walk off easily
with paying just a small fraction of his fortune, 18 million out of his 1.2
billion dollars’ net worth to be exact, she overruled the case and opened it up
for a new round of settlement. The
overrule decision in August 2013, three months after the initial agreement, is
a strong signal that White is serious about reforming the SEC. Lastly, it has
recently handed out a record 13 billion dollar fine to JP Morgan for its role
in the financial crisis. As the firm that acquired Lehman Brothers and Bear
Stearns, two culprit and victim banks of the 2008 financial crisis, JP Morgan
is now being held responsible for their acquired firms’ actions. Considering
the gravity of these banks’ poor mortgage backed security selling practice,
which led to the housing collapse, economic recession, and high employment, the
SEC handed out its biggest fine in recorded history. Even after such onerous
fine that would wipe away half of JP Morgan’s annual profit, it also kept its
right to criminally prosecute the responsible individuals. Five years after the
financial crisis, the SEC is cracking down ruthlessly on banks and individuals
alike. These decisive moves, all made within White’s short 9 month stint,
reflect her determination to clean up Wall Street.
Now with White in power who firmly believes
in the SEC’s mission to “protect
investors, facilitate capital formation, and insure the fairness and integrity
of the marketplace,” the consumers have
a fighting chance against the dominant banks. However, it still does not change
the fact that traders were right, the fixing was and is above the public. As
much as the main street is satisfied with the surged up SEC, the world needs
more preventive actions and the preventive actions come from the public. In
addition to defrauding and betraying the consumers, LIBOR scandal also
demonstrated the scary consequence of people’s inattention. Given the wide
knowledge gap between the Wall Street and the main street, financial scandals
are likely to happen again and again, all right under people’s nose. Financial
illiteracy has contributed to the world’s indifference and apathy to the
actions of financial institutions, until something goes wrong. This damaging
cycle may be contained by the SEC, but it can only truly be fixed by the
public. Through public awareness and civil activism, people can truly make a
difference in taming the wolves. The public pressure can deter deregulation
lobbyists, accelerate market reforms, and incentivize financial institutions to
clean themselves up. As much talk is there about the wrong doings of these
banks, there is insufficient concern for the wide spread financial illiteracy.
At best, it can lead to minor inconveniences such as paying higher loan rates.
At worst, it can lead to financial crimes such as Bernie Madoff’s frauds that
lost the investors 18 billion. It is a problem, in which no one ever talks
about and given the dominating stakes and influence of the financial industry,
people simply cannot afford to ignore it anymore.
For now, the charged up SEC and other regulators
have bought the world some time. The SEC continues to investigate banks for
their roles. UK’s Financial Security Authority stripped the British Bankers’
Association of its LIBOR calculating responsibility, handed it to a data
provider and regulated exchanges, and revamped the rate calculating scheme. UK
courts have also begun to try the involved traders criminally and arbitrate on
whether to break the financial contracts based on the faulty LIBOR rates. The
stepped up regulators are beginning to whip Wall Street in line, however it
will not last. Until these white collar criminals learn that they are not above
the media, the law, and the public, financial scandals will continue to happen.
It may be overly optimistic to wish that society will learn to be financially
aware and become agents of change, but it is not too much to ask people for
take this problem more seriously until the next one strikes again.