The public should be ‘shocked, dismayed and disgusted’ at the major banks



File 20171115 11234 330fag.jpg?ixlib=rb 1.1
ANZ and NAB have settled with ASIC over manipulation of the Bank Bill Swap Rate.
Shutterstock

Pat McConnell, Macquarie University

The Australian public should be dismayed and disgusted that the major banks are still attempting to cover up the extent of their complicity in manipulating the Bank Bill Swap Rate (BBSW), a key interest rate benchmark.

For years, the banks covered up the involvement of their traders in manipulating not only interest rate but also foreign exchange benchmarks, by attempting to outspend the corporate regulator, ASIC, in the courts, using shareholders’ money.

Faced with publication of the evidence they caved in at the very last minute to settle with ASIC, paying even more shareholders’ funds, for fines and legal costs.

Has any director or senior manager taken personal responsibility, or even apologised, for either the rampant misconduct or the failure to monitor it – No!

Little contrition

In a short media release, ANZ acknowledged, with little contrition, that

in the course of trading on the BBSW market, a small number of traders attempted to engage in unconscionable conduct on ten dates between September 2010 and February 2012. ANZ also did not have in place adequate policies and systems to monitor trading and communications of its BBSW traders.

But we should not be fooled by the references to the “small number of traders”, or “ten dates”.

Last year, CBA and NAB agreed to enforceable undertakings with ASIC in relation to manipulating the foreign exchange benchmark, which was arguably much more egregious than the BBSW manipulation, as it involved sharing of information with other market participants, in particular sensitive information about clients’ trades.

Not one of the directors or senior managers of these banks took personal responsibility for the actions of their staff or their collective failure to monitor such obvious misconduct.

The agreement between ASIC, NAB and ANZ stipulates that

Traders involved in the breaches will have to be retrained before they are allowed back on their banks’ trading floors

Trading on nonpublic confidential information, which is what “manipulating the bank bill swap rate to their advantage and the disadvantage of others” was, is often punished by custodial sentences not some short court-ordered training course. This would just reiterate the rules that the traders should have been following anyway and which diligent management should have been enforcing.

The failure to monitor staff seems not to have slowed the progress of some senior managers. For example, ANZ CEO Shayne Elliot, was head of ANZ’s Institutional Bank (i.e. trading operations) during most of the period in which the unconscionable conduct took place.

Why did they pursue the court cases?

So what were the boards of directors of some of Australia’s largest companies doing while this failure to monitor unconscionable conduct was going on?

While neither superstar chairmen Ken Henry (NAB) nor David Gonski (ANZ) were in place during the original misconduct, they have been in place since 2014 and have had ample opportunity to inquire into the details of the scandal.

Having read the same evidence as Justice Jagot, directors chose to proceed with the case before caving in on the day it was due to be heard in court. Investors should be tearing their hair out at such colossal waste of money on high-priced (and in the end useless) lawyers.

The LIBOR and foreign exchange scandals cost overseas banks billions of dollars in fines.

Did they really believe this time was different, given that other banks had already pleaded guilty to manipulating BBSW? Even if they were not in place at the time, the non-executive directors of both banks are certainly responsible for continuing this expensive charade.

Such lack of oversight should surely trigger the first investigation when the new Banking Executive Accountability Regime (BEAR) legislation comes into force, as it covers directors and senior managers.

Pulling no punches

Federal Court Justice Jayne Jagot certainly pulled no punches in her statutory approval of the settlement between ASIC and the ANZ and NAB banks, saying that the Australian public should be “shocked, dismayed and disgusted” by the behaviour of the two banks.

The Australian public is right to be perplexed as to why no one considers themselves personally accountable for such a fiasco. And investors must be afraid that in pursuing the failed litigation so far, without apologising, that further harm is not done by possible class action litigation in the United States.

The Australian taxpayer would be justifiably annoyed to learn that the offences admitted by the banks took place between 2010 and 2012, when the very same banks were given the free handout of a government guarantee following the global financial crisis (GFC) – that really is biting the hand that feeds you.

So, should Australian investors, taxpayers and the public be “shocked, dismayed and disgusted” as the judge suggested? Yes.

The ConversationBut recent history suggests that the largest banks will just try to tough it out before returning to their previous modus operandi. Only a royal commission into banking regulation will break this vicious circle.

Pat McConnell, Visiting Fellow, Macquarie University Applied Finance Centre, Macquarie University

This article was originally published on The Conversation. Read the original article.

Advertisements

Sri Lanka’s President Concedes Defeat in a Major Poll Upset


TIME

Sri Lankan President Mahinda Rajapaksa ended a decade in power on Friday, conceding defeat in a midterm election. He didn’t expect to lose, but found himself vacating his residence after polls showed his challenger Maithripala Sirisena with over 51% of the vote, Reuters reported.

Sirisena, a former minister in Rajapaksa’s government, defected to the opposition in November, and used his anticorruption stance as the cornerstone for his campaign.

He pledged that his first act in office would be to weaken the very presidency that had allowed Rajapaksa to consolidate a huge amount of power, and reportedly plans to hold fresh parliamentary elections within 100 days of being sworn in.

Rajapaksa was re-elected in 2010. He initially came to power in 2005, riding a wave of popularity after defeating the Tamil Tigers separatist group and ending the country’s violent civil war, but his administration was dogged by allegations of corruption and…

View original post 89 more words

Biblical Christianity and Homosexuality


The link below is to an article that takes a look at a major issue facing the Christian church, with particular concern for Evangelical Christians and that is the place of homosexuality in Biblical Christianity.

For more visit:
http://www.albertmohler.com/2014/04/22/god-the-gospel-and-the-gay-challenge-a-response-to-matthew-vines/

Australia: Victoria – Bushfire Crisis


With major bushfires burning around the country – Western Australia, South Australia, New South Wales and Victoria especially – conditions are expected to worsen before they get better. Australia is in the grip of a major heatwave with temperatures well into the forties and approaching the fifty degrees celsius mark in many areas. It has been this way for weeks in Outback Australia and is expected to continue for some time.

Man-Made Earthquakes Becoming Common


I guess it was only a matter if time before our meddling with the earth via fracking became a major problem, or perhaps better put, a bigger problem. Man-made earthquakes are now a reality, but this article suggests they have been around a lot longer than fracking.

For more visit:
http://www.geek.com/science/man-made-earthquakes-are-becoming-a-real-problem-1576464/

Australia: New South Wales – Bushfire Scourge Returns


The bushfire season has already been extremely active across New South Wales this season – however, today it has really exploded with major bushfire emergencies across 8 regions of eastern New South Wales. The link below is to an article that takes a look at the situation at the moment.

There are many homes under serious threat and once again houses and other buildings have been lost. The major regional airport at Williamtown has been closed, evacuated and is under serious threat with the fire burning up to the fenceline.

For more visit:

For more visit:
http://www.dailytelegraph.com.au/news/nsw/emergency-fire-warnings-issued-as-30-homes-are-destroyed-in-springwood-as-fires-burn-across-nsw/story-fni0cx12-1226741636446

New Zealand Escapes Major Damage from Massive Earthquake


The links below are to articles reporting on a major earthquake that hit New Zealand today, measuring 6.9 and located between the two islands in Cook Strait.

For more visit:
http://www.stuff.co.nz/national/8945358/Big-quake-shakes-central-New-Zealand
New Zealand hit by quake of magnitude 6.9, minor damage | Reuters
http://www.theaustralian.com.au/news/world/strong-69-magnitude-earthquake-hits-wellington-new-zealand/story-e6frg6so-1226682714587
http://worldnews.nbcnews.com/_news/2013/07/21/19590327-65-earthquake-strikes-near-wellington-new-zealand

A large number of earthquakes have hit the New Zealand area in recent days.

For more visit:
http://www.stuff.co.nz/dominion-post/news/8945362/Quakes-shake-central-New-Zealand


Cricket: The Ashes – Fielding an Issue for Australia


The link below is to an article concerning the Australian cricket team in the lead up to The Ashes which begin tomorrow. It highlights fielding as a major issue for Australia (and there are plenty of issues – batting form, bowling, spin bowling, swing, etc) according to Mark Waugh.

For more visit:
http://www.cricket.com.au/news/news-archive/2013/7/8/aussies-must-improve-fielding-lapse-waugh

Australia: Defence – The F-35


The F-35 Joint Strike Fighter is central to Australia’s air defence plans for the years ahead, however, the continuing delays are causing major issues for Australia’s current defence needs. The link below is to an article that examines the F-35 development program in some detail.

For more visit:
http://www.latimes.com/business/la-fi-0612-fighter-jet-testing-20130612-dto,0,4701367.htmlstory

USA: Major Explosion Devastates Texan Town of West


A major disaster has occurred in the Texan town of West where a fertiliser plant has exploded, with casualties expected to run into the hundreds, with many dead.

For more visit:
http://www.guardian.co.uk/world/2013/apr/18/texas-explosion-fertiliser-plant-blast