bank fiascos

So it *is* possible to persuade a jury to return a guilty verdict against a banker

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Image courtesy of DollarPhotoClub.com

When sitting down to read my copy of The Wall Street Journal on Friday, I was surprised to read that a Jury Delivers First U.S. Libor Manipulation Convictions. This is even more intriguing after I mentioned last week that Explaining complex financial details to jurors is an obstacle to putting senior executives in jail and previously asked back in November 2014 So you think tons of bankers should be in jail? Getting a jury to agree seems to be a problem.

In this case, two bankers were indicted for conspiracy and wire fraud for manipulating Libor interest rates while they worked for Rabobank. On November 5 they were convicted by a jury. Therefore we no longer need to use the word allegedly when discussing their manipulation of interest rates.

So it *is* possible to persuade a jury to return a guilty verdict against a banker Read More »

More articles on banking and accounting fiascos

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Image courtesy of DollarPhotoClub.com

Another bank, Credit Agricole, settles up for money laundering, with tab under a billion. Standard Chartered under a new investigation. Toshiba identifies 30 more senior staff who participated in the accounting schemes.

10/1 – Accounting Today – Toshiba Says 30 More Executives Names in Accounting Scandal – In addition to three former presidents resigning, an additional 30 executives have been identified in as players in the Toshiba book cooking scandal.  None of the 30 will be fired.

Current over statement of income is estimated at US$1.3B in the article with a US$6B loss in market value.

10/20 – Wall Street Journal – Credit Agricole to Pay $787 Million in U.S. Sanctions Case  and IRS – Credit Agricole Corporate and Investment Bank Admits to Sanction Violations, Agrees to Forfeit $312 Million.

Another bank had institutional policies to willfully circumvent US rules on money laundering for banks and individuals in sanctioned countries. NY DFS says total laundered amount was $32B. The bank admitted to one felony charge in a deferred prosecution agreement.

More articles on banking and accounting fiascos Read More »

Explaining complex financial details to jurors is an obstacle to putting senior executives in jail

 

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Image courtesy of DollarPhotoClub.com

For all of you who think there should be hundreds of bankers in jail, keep in mind one of several hurdles to clear is getting a jury to go along with you. Major lesson in the result from the Dewey & LeBoeuf trial is that complicated financial stuff is really, really difficult to explain to a jury.

10/21 – Wall Street Journal – Jury in Dewey Law-Firm Case Felt Inundated by Details

There were 150 counts against the three senior executives of the law firm. If I get the case correctly, the core issue is manipulating the financial statements through the means of inappropriate journal entries. Alleged goal was to cook the books in order to keep the lenders happy and thus keep the law firm alive.

The jury acquitted on a couple of dozen charges and was deadlocked on all the others. They did not return a guilty verdict on any charge.

Explaining complex financial details to jurors is an obstacle to putting senior executives in jail Read More »

Would anticipating a return to a job paying salary of $3,000,000 a year affect your objectivity while working at another job?

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Image courtesy of DollarPhotoClub.com

Knowing a former employer held open a three-million-a-year job awaiting his return had no impact on the objectivity of at least one departed government worker.

10/16 – BoingBoing – Eric Holder:  I didn’t prosecute bankers unrelated to my $3M/year law firm salary – Article points to the discussion in the next article.

Mr. Holder left a law firm where he was reportedly earning $3M a year to become the attorney general. After completing his government service, he returned to the law firm. Presumably his salary will resume or even increase since he now has humongous amounts of inside information on government strategy, capabilities, and intentions for enforcement of criminal law. That will be tremendously valuable knowledge for banks that find themselves talking to various US Attorneys in the near future.

One pertinent comment: …

Would anticipating a return to a job paying salary of $3,000,000 a year affect your objectivity while working at another job? Read More »

The Feds will go after those horrible terrible bankers on Wall Street now that the statute of limitations has expired.

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Image courtesy of DollarPhotoClub.com

A bit of news about companies in the financial world that have long been called too-big-to-fail, or too-big-to-jail.

The New York Times reports a new position paper from the Department of Justice encourages federal prosecutors to go after individual employees as well as companies when there is criminal wrongdoing.

Reporting is at Justice Department Sets Sites on Wall Street Executives. The technical shift is to focus on individuals who engage in the suspected behavior as well as the company under investigation instead of focusing first on the company, settling with the corporate entity, and then considering whether any individuals were involved.

The Feds will go after those horrible terrible bankers on Wall Street now that the statute of limitations has expired. Read More »

Another massive bank fiasco involving the full cast of TBTF banks, this time for Credit Default Swaps. Where is the boundary of fiascos?

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Image courtesy of DollarPhotoClub.com

I’m a bit slow on the uptake sometime. There is an entirely new, huge banking mess that I hadn’t heard about before the billion dollar settlement was announced. Another small fiasco is rumored.

Another day, another couple billion out of the stockholders’ pocket.

First the nearly $2B private settlement.

Twelve banks agreed to settle a private antitrust lawsuit. The now-admitted scheme was to manipulate credit default swap rates. Those are deals to cover the loss if a bond defaults.

Another massive bank fiasco involving the full cast of TBTF banks, this time for Credit Default Swaps. Where is the boundary of fiascos? Read More »

The view inside a Deferred Prosecution Agreement is not pretty. Selling airplane parts to Iran edition.

Fokker Dr.1 Dreidecker. produced by Fokker Services BV parent early in 1900s. Image courtesy of DollarPhotoClub.com
Fokker Dr.1 Dreidecker. Produced in early 1900s by Fokker Services BV’s parent. Image courtesy of DollarPhotoClub.com

I’ve taken a look inside one of the hundreds of Deferred Prosecution Agreements that the current Department of Justice has negotiated with corporate felons. It is not a pretty sight.

The value for me in looking at this particular DPA is the admitted criminal behavior is on a small enough scale that I can actually wrap my little brain around the situation.

This particular DPA has been denied by a federal judge instead of getting his automatic rubber stamp approval. The DoJ and now-confessed felon both appealed. The case will soon be heard on appeal. There are ripple effects if the judge’s denial is ratified at appeal.

There is an old saying you should never look at how sausage or legislation is made. Reason is the details can turn your stomach.

Here is what I’ve learned of this particular sausage making effort:

8/8, print edition – Wall Street JournalCorporate Prosecution Deals Headed for a Legal Test / Justice Department worries judges may gain sway over agency’s pacts with firms under criminal investigation

The view inside a Deferred Prosecution Agreement is not pretty. Selling airplane parts to Iran edition. Read More »

Updates on banking fiascos – 8/31

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Image courtesy of DollarPhotoClub.com

Here are a few updates I’ve noticed about the banking fiascos:

8/17 – CFO Journal at Wall Street Journal – Biggest Banks’ Crisis-Era Settlements Petering Out: Report – Study by SNL Financial says payouts related to the financial crisis by the six largest US bank accumulate to $132B. More settlements are expected, but the number and dollar amount of settlements is slowing down.

Reserves for additional settlements are $5.9B at Goldman Sachs and $1.4B at Wells. The other four didn’t respond to the reporter about the dollars they have in reserves.

 

8/30 – Wall Street Journal – Meet the Private Watchdogs Who Police Financial Institutions – Article gives background on private sector monitors put in place to check on changes made to comply with deferred prosecution agreements.

Updates on banking fiascos – 8/31 Read More »

Unintended consequences of anti-money laundering enforcement

Image courtesy of DollarPhotoClub.com.
Image courtesy of DollarPhotoClub.com.

One of the general rules of life seems to be that when one person does something really bad, the larger group pays the penalty.

You remember the drill – one person in the school classroom misbehaves on the playground and the whole class looses recess.

Or one of your coworkers breaks etiquette of the office and there is a new restrictive rule that inconveniences everyone. One person pushes the boundary on expense reimbursement and everyone gets new reporting requirements.

Well, same thing is emerging with the tremendous effort against money laundering.

Check out Account Closed: How Bank ‘De-Risking’ Hurts Legitimate Customers / In their hunt for money launderers, regulators are forcing banks to shut down branches and reject business At the Wall Street Journal on August 13.

Unintended consequences of anti-money laundering enforcement Read More »

Minor updates on the banking fiascos: Forex settlements and a new fiasco

Settlements of private lawsuits are continuing. Also, settlements with CFTC underway for another rate manipulation scheme.

6/18 – Wall Street Journal – Banks’ Civil Forex Settlements Near $2 Billion/ Barclays, BNP Paribas, Goldman Sachs and HSBC recently signed agreements to settle case  – The settlements for private litigation over manipulation of foreign exchange rates are moving forward. Article says HSBC has settled up for $285M, Barclays for $375M, Goldman Sachs is in for $129.5M, and an unknown amount for BNP.

By my calculation that brings the total for seven banks to …

Minor updates on the banking fiascos: Forex settlements and a new fiasco Read More »

Speculation on upcoming bank settlements

Not much news on the bank fiasco front in the last week or so. Here are two articles pondering what settlements are on the horizon.

5/26 – Alison Frankel at Reuters – Forex class action deals may hint banks braced to lose Libor appeal – Citigroup settled up for $394M with private parties over manipulation of forex.

Article points to one settlement I missed:

1/5 – Reuters – JPMorgan settles currency manipulation lawsuit in U.S. – Morgan will settle up with about $100M.

Speculation on upcoming bank settlements Read More »

Follow up articles on the $5.8B settlement from TBTF banks

A few articles of note on the humongous settlements from five banks for manipulating foreign exchange rates. Oh, and a trivial $0.1B settlement from Barclays for manipulating yet another swap rate.

5/20 – Wall Street Journal – Barclays Fined $115 Million by CFTC for Alleged Manipulation of ISDAfix – Barclays tried to manipulate another index which is used to calculate pension payouts. This is an interest rate swap index. Game playing ran from 2007 until 2012.

Follow up articles on the $5.8B settlement from TBTF banks Read More »

Criminal guilty pleas for big banks are no longer a death sentence; more like a messy traffic incident that hit the papers. What that approach might look like in your life.

The banks that settled up for a massive coordinated effort to manipulate foreign exchange rates each agreed to plead guilty to one criminal count of violating anti-trust rules. That makes each of them a felon.

Will describe why that is no longer a big deal and then offer an analogy of what this approach might look like in the life of an individual. …

Criminal guilty pleas for big banks are no longer a death sentence; more like a messy traffic incident that hit the papers. What that approach might look like in your life. Read More »

$5.6B for 5 banks to settle up on manipulating forex for customer’s accounts

Big settlement announced today to resolve the Forex manipulation cases. Big surprise for me is the NYDFS only came in at $485M, with all of that going against Barclays. I was guessing a higher amount with DFS wanting a settlement from all the banks.

Here are two articles with the details, then I’ll list the individual settlements:  …

$5.6B for 5 banks to settle up on manipulating forex for customer’s accounts Read More »

UBS will pay $545M for manipulating foreign-exchange rates. First of 5 expected settlements today

First in what is expected to be a string of settlements announced on Wednesday:

UBS Hit With $545 Million in Fines, from the Wall Street Journal.

UBS will pay $545M for manipulating foreign-exchange rates. First of 5 expected settlements today Read More »