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sidicks

3,234 posts

90 months

[news] 
Friday 6th July 2012 quote quote all
Steffan said:
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
Aren't you confusing two different things:

1) Traders trying to manipulate Libor submissions for profit - this was reported to the FSA in 2008 and of which Diamond was obviously aware (and has not claimed otherwise)

2) Potential under quoting of Libor during the credit crunch where it appears that following a conversation of Diamond's with the FSA which was relayed to the Libor submitter, subsequent Libor submissions may have been reduced.

This is what Diamond was unaware of until recently.

Sidicks

Mr Snap

891 posts

26 months

[news] 
Friday 6th July 2012 quote quote all
munky said:
Mr Snap said:
Instead of being a sheep who's not obliged to put money into investment banking, only for it to be pissed up the wall by the retail arm of the same umbrella organisation...?
fixed that for you.
Well done you.

Nurse will be along with a nice cup of tea soon.

djstevec

2,079 posts

43 months

[news] 
Friday 6th July 2012 quote quote all
Steffan said:
CobolMan said:
Steffan said:
Secondly irrespective of the possibility of fraud, how can it be that five years later the FSA and BofE have only just found out about it? That in itself is a major failing in Barclays systems and huge cause for concern.

Either way we need to know the facts. Either way the reporting systems and control systems of Barclays bank, and all the others who were involved, because it is apparent there were more banks involved, were woefully inadequate and still had not notified the regulators or drawn attention to the problem, in any way some years later. Thus cannot be the correct way for banks to trade.
Can I pick you up on this Steffan? From what I understand from the FSA report, it hasn't taken 5 years for this to be picked up by the FSA/BoE as Barclays told them about it in 2008. It's taken several years for the FSA to investigate it and produce a report ....
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
If I remember the report correctly, Barcs compliance contacted the FSA in Dec 2007, with regard to the setting of the rates in the financial crisis. Not in relation to trader manipulation. The reason the compliance dept got involved was more due to Barcs suspicions of other banks not reporting true LIBOR rates themselves, but they did not tell the FSA they were lowering theirs.

Issues regarding conflicts of interests between traders and rate submitters were made known to Barcs compliance in Sept 2007, but they did not take that to the FSA at any point of the period covered by the report, nor sufficiently address the issue.

Steffan

Original Poster:

6,190 posts

97 months

[news] 
Friday 6th July 2012 quote quote all
sidicks said:
Steffan said:
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
Aren't you confusing two different things:

1) Traders trying to manipulate Libor submissions for profit - this was reported to the FSA in 2008 and of which Diamond was obviously aware (and has not claimed otherwise)

2) Potential under quoting of Libor during the credit crunch where it appears that following a conversation of Diamond's with the FSA which was relayed to the Libor submitter, subsequent Libor submissions may have been reduced.

This is what Diamond was unaware of until recently.

Sidicks
Again I appreciate the correction. I thought that the earlier post from Coboman referred to the rate fixing. The further report from djstevec again relates to the libor manipulation, I think. Where does that leave us?

Again, if I may, does anyone actually believe a word of Bob Diamonds claim to know nothing? Given the apparent facts, concerning the FSA being aware since 2007. Apparently? If that is in fact the case?

Equally does anyone seriously believe that the UK can allow the level of uncertainty and apparent failure of control that was clearly present in the banking system prior to the banking collapse, to continue? If so, it seems to me, another banking crisis is almost a certainty?

But others may disagree.

CobolMan

1,029 posts

76 months

[news] 
Friday 6th July 2012 quote quote all
Steffan said:
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
I guess it depends on whether it was escalate to BD at the time (or afterwards) and I, like most people, just don't know the answer to that one.
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djstevec

2,079 posts

43 months

[news] 
Friday 6th July 2012 quote quote all
Steffan said:
Again I appreciate the correction. I thought that the earlier post from Coboman referred to the rate fixing. The further report from djstevec again relates to the libor manipulation, I think. Where does that leave us?

Again, if I may, does anyone actually believe a word of Bob Diamonds claim to know nothing? Given the apparent facts, concerning the FSA being aware since 2007. Apparently? If that is in fact the case?

Equally does anyone seriously believe that the UK can allow the level of uncertainty and apparent failure of control that was clearly present in the banking system prior to the banking collapse, to continue? If so, it seems to me, another banking crisis is almost a certainty?

But others may disagree.
I very much doubt Diamond was aware of trader manipulation at the time (2005-2007), or possibly for some time after that as Barcs own compliance dept were not checking or monitoring LIBOR at all, until Dec 2009 at the earliest.

Barcs implemented basic (very basic) checks in Dec 2009 and more comprehensive monitoring in 2010, but the report does not mention if any retrospective auditing of the rate prior to the implementation of the checks in Dec 2009 took place. Its entirely possible he didn't know of the trader manipulation until much later.


Interesting to note that UBS were fined by DofJ (with conditional immunity) in 2011 and Swiss regulators (+ immunity from prosecution) in Feb 2012 for exactly the same LIBOR manipulation, didnt make the mainstream news though.

July 26 2011 (Reuters) - Swiss bank UBS said it had been granted leniency or immunity from potential violations by some authorities, in return for its continuing cooperation in an ongoing LIBOR manipulation probe.

Feb. 7 2012 (Bloomberg) - UBS AG said it was given immunity from a second antitrust regulator as part of an investigation into whether the London Interbank Offered Rate, or Libor, was manipulated.

Feb 21, 2012 (Bloomberg) UBS AG’s decision to become first confessor as regulators probe the alleged manipulation of interest rates will ratchet up the risks for other banks that set the benchmark for $360 trillion of securities worldwide.





Steffan

Original Poster:

6,190 posts

97 months

[news] 
Friday 6th July 2012 quote quote all
CobolMan said:
Steffan said:
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
I guess it depends on whether it was escalate to BD at the time (or afterwards) and I, like most people, just don't know the answer to that one.
No, but given the five year period in which Barclays should have examined this themselves in some detail, I think it begs the question of the adequacy of any effective management control at Barclays over the actions of their staff, if they have not.

You will appreciate from my posts that I have thought for some time that the position of Bob Diamond is indefensible in any event. If the information was a;ready apparent within Barclays, then how could the management controls not identify the problem and require an investigation into the problem in that period? Unless these were effectively useless.

I find the suggestion, being made in the banking fraternity, that no system of supervision or control can prevent such shenanigans simply unsupportable. What this failure does do, given the fact that Barclays apparently did know what was going in in their bank, is make the "I knew nothing, Guv" defence totally untenable. It cannot work both ways, even for Mr Diamond.



sidicks

3,234 posts

90 months

[news] 
Friday 6th July 2012 quote quote all
Steffan said:
No, but given the five year period in which Barclays should have examined this themselves in some detail, I think it begs the question of the adequacy of any effective management control at Barclays over the actions of their staff, if they have not.

You will appreciate from my posts that I have thought for some time that the position of Bob Diamond is indefensible in any event. If the information was a;ready apparent within Barclays, then how could the management controls not identify the problem and require an investigation into the problem in that period? Unless these were effectively useless.

I find the suggestion, being made in the banking fraternity, that no system of supervision or control can prevent such shenanigans simply unsupportable. What this failure does do, given the fact that Barclays apparently did know what was going in in their bank, is make the "I knew nothing, Guv" defence totally untenable. It cannot work both ways, even for Mr Diamond.
I find the continued failure to differentiate between the vastly different circumstances very boring....

Mojooo

7,301 posts

49 months

[news] 
Friday 6th July 2012 quote quote all
Its laughable that the Government has been making massive cuts to the SFO and is now going to give them the required resources to deal with what will become a massivley expensive and long winded investigation.

I think many people have misconceptions of what roles many regulators play in the UK. Often they are there to assist business in getting things right rather than inspecting them and pressuring and punishing them for doing things wrong - its all about business growth and not what is right for the public.


Steffan

Original Poster:

6,190 posts

97 months

[news] 
Friday 6th July 2012 quote quote all
munky said:
Steffan said:
sidicks said:
Steffan said:
You are most welcome to correct my post. I take your point. May I ask you a question. If this is the case, which it does appear to be, then how did Bob Diamond not know that this had happened, since the FSA were formally informed by Barclays four years ago?

Would you agree with me, that, given that this is true, which it would` seem to be, then, the Diamond defence looks highly suspect at best and more probably, downright dishonest?

If the FSA were informed in 2008, then IMO Diamonds story is just totally unbelievable.
Aren't you confusing two different things:

1) Traders trying to manipulate Libor submissions for profit - this was reported to the FSA in 2008 and of which Diamond was obviously aware (and has not claimed otherwise)

2) Potential under quoting of Libor during the credit crunch where it appears that following a conversation of Diamond's with the FSA which was relayed to the Libor submitter, subsequent Libor submissions may have been reduced.

This is what Diamond was unaware of until recently.

Sidicks
Again I appreciate the correction. I thought that the earlier post from Coboman referred to the rate fixing. The further report from djstevec again relates to the libor manipulation, I think. Where does that leave us?

Again, if I may, does anyone actually believe a word of Bob Diamonds claim to know nothing? Given the apparent facts, concerning the FSA being aware since 2007. Apparently? If that is in fact the case?

Equally does anyone seriously believe that the UK can allow the level of uncertainty and apparent failure of control that was clearly present in the banking system prior to the banking collapse, to continue? If so, it seems to me, another banking crisis is almost a certainty?

But others may disagree.
FSA was aware in 2007/8 of the libor understatement to avoid a bank run. We know this because there is a record of it being discussed by FSA and Barclays in a meeting in April 2008. It is in the FSA report. Bob was aware of this. We know that he had a conversation with Paul Tucker of the Bank of England about it, where Tucker said under reporting was understandable in the situation. I.e the govt did not want to have to bail out Barclays.

The FSA did not know of the trader manipulation at this point. The investigation into the former revealed the latter. Barclays co-operated in full and deployed their own staff to help read through 22 million documents and emails.

Who found the evidence of the trader manipulation? FSA or Barclays themselves? I don't know. Maybe it's in the report somewhere. If FSA found it then it explains why Bob didnt know about it. If Barclays found it first and passed it to the FSA, it seems odd, although possible, that Barclays compliance staff sent it direct to FSA without telling Bob what they had found.

To add, another banking crisis is inevitable. It is a certainty in a system where banks are not state owned. All we can do is reduce their frequency and impact. The underlying reasons differ every time but the system depends on confidence of the banks in each other, and confidence of depositors in the banks. It is inevitable that however irrational, this breaks down from time to time.

Edited by munky on Friday 6th July 21:02
Interesting post munky. I find the last paragraph particularly so. If we accept your argument then there is no way to prevent such defaults except by state ownership of banks. I disagree.

For many years since the Marine Fire and Auto Insurance collapse in the 1960's with another fraudster in charge Dr Emile Savundra a system if self regulation has covered insurance in the UK. The British Insurance scheme which is independent of government, has ensured a fund is available to rescue any insurance collapses in the UK. There has never been a call on public funds in any insurance failure since.

This is what the banks must achieve IMO. We need a properly structured, self regulating system in place agreed by all the banks and paid for by the banks. We then meed a bail out fund agreed by all the banks and paid for by the banks but held separately from the banks, which builds up each year to be big enough to resolve any failure of an individual bank.

If the banks cannot be trusted not to overtrade then the banks cannot continue in business. Their regulation must be their problem. My concern is to get the understanding of the problems, into the open and change the system, so that it is, largely self regulating. That must be the first step to real progress.

Turning to sidicks comments that the reality is:

1) Traders trying to manipulate Libor submissions for profit - this was reported to the FSA in 2008 and of which Diamond was obviously aware (and has not claimed otherwise)

2) Potential under quoting of Libor during the credit crunch where it appears that following a conversation of Diamond's with the FSA which was relayed to the Libor submitter, subsequent Libor submissions may have been reduced.

Then my position is simple. My interpretation is that Bob Diamond and a number of other directors at Barclays, knew full well, about both the Libor manipulation and the Libor reductions at the time of the events. They thought it would go unnoticed. It has not. Goodbye Barclays board and hello SFO.

I am no fan of the SFO or the FSA or acronyms but this mess is entirely the responsibility of the Bankers and the Banks. No one else. I think GB and Darling were pretty hopeless, the FSA was supine and the BofE totally ineffective, But only one group bears primary responsible for this. The bankers. That us why self regulation, paid for by the banks and bankers is essential.

I started this thread because, I could not believe the nonsense being put forward as reasons for bank failures. The reasons are that the banks made a series of bigger and bigger mistakes and tried to hide them. The markets lost confidence, and the banks were right on the point of collapse and were rescued by the taxpayer who was never consulted. As yet the Taxpayer remains out of pocket. But for the Taxpayer there would be no banks.

The bankers have to come up with a plan to sort this. They have, currently, got the FSA, BofE, MP's and half the city of london running around like headless chickens trying to ensure that they can prevent the madness being repeated. This is completely wrong. The banks want to trade. Let them first provide a process which ensures this can never happen again.

If the banks cannot do that, then they cannot continue, Make the banks be respobsible for their own future, That is the way forward.


Steffan

Original Poster:

6,190 posts

97 months

[news] 
Saturday 7th July 2012 quote quote all
Latest from the Beeb seems to recognise the essential problem in this see: http://www.bbc.co.uk/news/magazine-18741086

Question would seem to be, how do we make the individuals concerned face the inevitable consequences of their bad behaviour? That is a challenge.

sidicks

3,234 posts

90 months

[news] 
Saturday 7th July 2012 quote quote all
Steffan said:
Latest from the Beeb seems to recognise the essential problem in this see: http://www.bbc.co.uk/news/magazine-18741086

Question would seem to be, how do we make the individuals concerned face the inevitable consequences of their bad behaviour? That is a challenge.
Isn't that why there are various rules and why the SFO is currently investigating the situation which could lead to criminal prosecutions?

Mermaid

12,497 posts

40 months

[news] 
Saturday 7th July 2012 quote quote all
Steffan said:
...

Question would seem to be, how do we make the individuals concerned face the inevitable consequences of their bad behaviour? That is a challenge.
Private prosecutions, if state does not want to? I sense we have reached tipping point and there will be a reassessment of morality within banking/politics - the 2 most distrusted "professions".

Gazzab

15,116 posts

151 months

[news] 
Saturday 7th July 2012 quote quote all
Mermaid said:
Private prosecutions, if state does not want to? I sense we have reached tipping point and there will be a reassessment of morality within banking/politics - the 2 most distrusted "professions".
You forget the other professions - car sales, insurance, drug co's, oil co's, estate agents....

Mermaid

12,497 posts

40 months

[news] 
Saturday 7th July 2012 quote quote all
Gazzab said:
Mermaid said:
Private prosecutions, if state does not want to? I sense we have reached tipping point and there will be a reassessment of morality within banking/politics - the 2 most distrusted "professions".
You forget the other professions - car sales, insurance, drug co's, oil co's, estate agents....
Here we are, according to a recent poll.

The top ten most distrusted professions are as follows:

Politicians
Bankers
Journalists
Car Salesmen
Estate Agents
Electricians
Plumbers
Builders
Car Mechanics
Footballers

Murph7355

9,416 posts

125 months

[news] 
Saturday 7th July 2012 quote quote all
Mermaid said:
Here we are, according to a recent poll.

The top ten most distrusted professions are as follows:

Politicians
Bankers
Journalists
Car Salesmen
Estate Agents
Electricians
Plumbers
Builders
Car Mechanics
Footballers
Perhaps the Daily Mail are using this as some sort of Equaliser/Harry Brown hit list.

If I were a car salesman I'd be papping my pants and getting out of Dodge now biggrin

Steffan

Original Poster:

6,190 posts

97 months

[news] 
Saturday 7th July 2012 quote quote all
FSA have released the Barclays decision in full see: http://www.fsa.gov.uk/static/pubs/final/barclays-j...

Very informative and detailed statement really. The more I see of this, the less likely it becomes, to me, that there is any truth in the BD fantasy. Convenient story, but never the truth.

Gazzab

15,116 posts

151 months

[news] 
Saturday 7th July 2012 quote quote all
Steffan said:
FSA have released the Barclays decision in full see: http://www.fsa.gov.uk/static/pubs/final/barclays-j...

Very informative and detailed statement really. The more I see of this, the less likely it becomes, to me, that there is any truth in the BD fantasy. Convenient story, but never the truth.
Where is the evidence that BD did know?

Steffan

Original Poster:

6,190 posts

97 months

[news] 
Saturday 7th July 2012 quote quote all
Gazzab said:
Steffan said:
FSA have released the Barclays decision in full see: http://www.fsa.gov.uk/static/pubs/final/barclays-j...

Very informative and detailed statement really. The more I see of this, the less likely it becomes, to me, that there is any truth in the BD fantasy. Convenient story, but never the truth.
Where is the evidence that BD did know?
I think we will have to wait until the various reports are out to provide that detail. However in my view as a main board director and COE, for some years, it is simply a fact that he could and should have known, as should every one of the other directors.

The could and should phrase comes from the judge in the Aberfan enquiry rulng that the tragedy was the responsibility of the individuals running the NCB, even though every NCB Director and manager claimed "Not me Guv".

It has since been widely applied in the fraud and wrongful trading prosecutions, at which I have been an observer, to pinpoint the weakness in the "Not me Gov" defence, of directors facing serious charges, time and again.

The "Not me Gov" defence, simply no longer works in the UK in such cases. The responsibility of quoted PLC dirctorships are significant. Not easily avoided. Certainly not with the "Not me Gov" defence. It is not necessary to prove that a director had knowledge. Failure to perform his duties is, in itself, sufficient reason.

Diamond is dead in the water in Financial Services IMO. Mind you, if the figure of, £120 Million as being his earnings from Barclays over the years, is anywhere near the truth, and since he can disappear to safety in America,then will he care? I think not. Nor will he be extradited.

I said some time ago that the take from the banks by these bankers, and bonuses of the individuals are no longer reasonable salaries, but annual lottery wins. That is what has created the culture of greed and ruined the banks and destroyed the trust of the public in the banks.

It is not going to be easy to rebuild that trust. Assuming the banks ever start.

Gazzab

15,116 posts

151 months

[news] 
Saturday 7th July 2012 quote quote all
OK so there is no evidence just a culpability for the actions of your staff as the 'buck stops with you'. Fair enough but it wont be enough to hit him hard.

Ineffective internal and external governance, culture, human nature, political pressures, greed, world wide 'its the way it is', exaggerated and inaccurate reporting.....is more to blame than any individual.


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