One Diamond that’s not forever

Views:

Barclays finds itself in a major scandal over interest rate rigging. When are regulators going to clean up Wall Street and the City of London?

Two titans of Barclay’s PLC–chairman Marcus Agius and CEO Bob Diamond– have resigned over their bank’s involvement in rigging a benchmark interest rate that underpins US$800 trillion worth of loans and derivatives.

Coming after the recent derivatives losses at JP Morgan Chase, the Barclays scandal explodes the myth that global finance has been reformed after the financial crash. And it raises another persistent question: why does it appear that financial executives involved in fraud never seem to get prosecuted?

Their departures follow a fine imposed on the bank of US$453 million after it admitted to the manipulation of the Libor or the London Interbank Offered Rate. Claims by Mr Diamond that senior regulators knew of the manipulation have also dragged in the Deputy Governor of the Bank of England, Paul Tucker.

Criminal penalties for financiers involved in this fraud will depend in part on the results of two inquiries launched by the Cameron Government, as well as an investigation by the Serious Fraud Office.

And Britain’s Chancellor, George Osborne, has now called for a new financial culture in the UK. “I hope it’s the first step towards a new culture of British banking,” Mr Osborne said. 

Unlike standard crimes, financial malfeasances rarely lead to the jailing of key executives, no matter what the kerfuffle in the media or the investor community.

The email trails of traders, recorded by a bank’s IT system, are commonly there for all to see–need we recall the emails of Goldman Sachs trader “Fabulous Fab” Tourer–but for top executives the chain of evidence is often harder to establish.

In this case, however, Mr Diamond has kept a record of his conversation with Mr Tucker, which Barclays has released to the media; that has dramatically expanded the scandal to the Bank of England and will no doubt be a topic when former Barclays executives are quizzed by a parliamentary committee this week.

Mr Agius, the former chairman of Barclay’s, quit earlier this week but he was soon followed by the chief executive, the American-born Mr Diamond and his associate, Jerry del Missier. Mr del Missier apparently instructed Barclays traders to lower their estimates of borrowing costs after a conversation between Mr Diamond and the Bank of England’s Deputy Governor in 2008.

Married to the daughter of a Rothschild, the well dressed and equally well-heeled Mr Agius must have wondered, like the former head of BP did, what he had done to deserve this?

Barclays had fallen victim to a special investigation by UK, US and Asian authorities into about 20 banks, including the Royal Bank of Scotland, HSBC, the Royal Bank of Canada and, of course, Barclays.

The investigation focussed on their involvement in rigging the LIBOR, the interest rate banks charge when they borrow money from each other. More importantly, it is a benchmark rate used to set other rates loans around the world and an indicator the financial health of the bank.

It might not look like a major case of white collar crime, but it almost certainly is that. Banks manipulating the rate stand to benefit during difficult financial periods, when the markets are looking for signs that a bank could be in trouble. 

The UK’s Financial Services Authority, which fined Barclays, concluded that the integrity of the LIBOR is of fundamental importance to both UK and international financial markets.

Mishaps and greed in the finance sector have damaged the lives of millions of people, yet the criminal justice system seems to treat offenders much as a gym manager would treat an overweight executive client with an unpaid gym bill.

This may change with stronger regulation–it did after the Great Depression–but it’s not something to expect anytime soon. 

No matter what laws are passed, the structure of modern global finance is too powerful a beast to tame. Its values and sheer lobbying power are so formidable that the types of illegalities Barclay was caught out on will return, if in fact they went away at all. 

Earlier this year, for instance, the Wall Street investment bank JP Morgan Chase revealed losses on derivatives bets worth an estimated US$3 billion; those bets now look like losing the bank US$9 billion. 

These were the same types of sophisticated financial bets which were behind the crash in 2008. Yet the CEO of JP Morgan, Jamie Dimon, had spent the period after the crash decrying the unfairness of attacks on Wall Street and warning of the alarmist dangers of financial regulation.

It seems little has changed on Wall Street, or in the City of London. 

Unlike Messrs Agius and Diamond, the CEO of JP Morgan Jamie Dimon still holds his job. But as Graydon Carter, the editor of Vanity Fair, pointed out in that magazine’s July issue: “The pedestal that [Dimon] so carefully constructed for himself is now vacant”.

After the dramatic events at Barclays this week, you can add another two empty pedestals to that list.

Get The Rival’s fresh look at Australian news delivered straight to your inbox. Subscribe to The Rival for opinion, commentary and analysis right now. 

About Editor

Lincoln is an editor of The Rival and a former political journalist.

1 Comment

  • A relevant story…. to both the UK and elsewhere. Banks around the world seem to have a deathwish, to end the role of private sector banking. Instead of demonstrating they can deliver the utility sought by the public from banking services, alongside good governance and profits, they seem to be out to prove that it’s just not possible. If Australia’s Ben Chifley was in the UK today bank nationalisation would be firmly back on the agenda. If not nationalisation then a heavily regulated banking sector now seems inevitable. And if it’s to be heavily regulated then why not nationalisation? Would anyone really care if the banks were nationalised?

Featured articles

  • Featured Grand Ideas Rage against the Machine

    Rage against the Machine

    Images of Muslim rage are so commonplace nowadays they would be almost amusing if they weren’t so violent.

    With an US ambassador killed in Libya and the ever present threat of offending extremist muslims hanging over our daily discourse, it takes more courage than ever to stand up for our values.

    This is not a replay of the Crusades, where two faiths squared off and rejoiced in their fanatic animosity.

    But for the secularisation of Islam to succeed, the West still needs to defend its own secular faith, its values of freedom of thought, speech, respect for the individual and gender equality.

    Read more →
  • Featured Foreign Climes The Perfect Storm?

    The Perfect Storm?

    It was by no means the greatest storm ever to have hit a city, or even the Americas for that matter.

    Yet Hurricane Sandy has been an interesting indicator of how far we have come in managing environmental disasters.

    As people bunkered down in their apartments with films, books and children long put aside, disaster management teams kicked into place and partisan politics were put aside, the question might be asked:

    Are we getting used to natural disasters?

    Read more →
  • Featured Grand Ideas Always Look On The Bright Side

    Always Look On The Bright Side

    “He’s not the Messiah. He’s a very naughty boy!” The Life of Brian

    So said Brian’s mother in what is probably one of the funniest scenes in the history of comedy.

    Yesterday morning French embassies across the Middle East closed in anticipation of attacks by extremists offended by caricatures of the prophet Muhammad published in the satirical magazine Charlie Hebdo.

    They weren’t nearly as good as The Life of Brian but a chorus of disapproval followed, with the French Prime Minister Jean-Marc Ayrault saying that while freedom of speech was paramount in France, the cartoonists should have chosen a different moment.

    Well, as they say in comedy, timing is everything.

    Read more →
  • Featured High Finance One Diamond that’s not forever

    One Diamond that’s not forever

    Two titans of Barclay’s PLC–chairman Marcus Agius and CEO Bob Diamond– have resigned over their bank’s involvement in rigging a benchmark interest rate that underpins US$800 trillion worth of loans and derivatives.

    Claims by Mr Diamond that senior regulators knew of the manipulation have dragged in the Deputy Governor of the Bank of England, Paul Tucker.

    The scandal explodes the myth that global finance has reformed itself after the financial crash and begs the question: just when are regulators going to clean up Wall Street and the City of London?

    Read more →
  • Featured Grand Ideas Blame it on Rio

    Blame it on Rio

    As the curtains closed on the failed United Nations conference on sustainable development Rio+20, one question hung over the crowd.

    If the world is sitting on a ticking environmental bomb, why have we put off a strict and ambitious plan of sustainable development?

    The economic crisis and the structure of the forum were blamed for the uninspiring outcomes of the week, but they don’t change the fact that we have made little progress on the world’s most pressing issue.

    Has the era of a grand global vision of environmental sustainability come to an end or are rich countries once more kicking the can down the line?

    Read more →
  • Featured Nabobs Prospecting Fairfax

    Prospecting Fairfax

    It’s hard to imagine that the ambition of Gina Rinehart to control Fairfax Media represents a threat to Australia’s democracy.

    But the fear is far from an idle one. Fairfax Media offers an important counterbalance to News Ltd. Amidst massive structural change in the media landscape which is resulting in layoffs and reduced reporting budgets, Rinehart’s success would almost certainly restrict freedom of speech in Australia.

    But the Government is right not to get involved with heavy handed state sponsored buyouts or ownership controls.

    Instead, they should look to the diverse and rapidly expanding sphere of online media to fill the gaps left by traditional media.

    Read more →
  • Featured Grand Ideas It’s about the money, stupid.

    It’s about the money, stupid.

    The battle over special visas and mining taxes goes straight to the core of Australian identity, but it’s got nothing to do with race

    In the latest round of the battle between the Gillard Government and the mining industry, miners have likened the backlash against temporary visas to the White Australia policy, ironic perhaps, given their spiritual father Lang Hancock once referred to part Aboriginal people as “no-good half-castes”.

    But this time Australians aren’t chasing the red herring designed to guilt ordinary Australians into not asking for their rightful share of Australia’s biggest economic boom.

    Read more →
  • Featured High Finance Darwinian Derivatives

    Darwinian Derivatives

    As America’s biggest investment house, JP Morgan Chase, announces more than US$3 billion in derivatives losses, people are asking has anything changed on Wall Street?

    The Obama Administration is trying to regulate Wall Street to avoid another financial meltdown but will the same old debates about adequate capital buffers and the separation of proprietary trading from normal banking work this time?

    We face a different world of high finance today compared with that of the 1930s.

    The profit motive is still the engine, but the increasingly complex and powerful world of banks, computers, financial theory and arid values is the fuel for financial market volatility.

    Legislators need to recognise this fact.

    Read more →
  • Featured Me, Myself and I What to expect when you’re expecting

    What to expect when you’re expecting

    There’s one thing you can definitely expect when you are expecting and that’s misinformed debate about irrelevant issues.

    In the latest episode of the parenting wars Time Magazine launched an thinly disguised attack on breast feeding with their article ‘Are you mom enough?’

    But with no scientific evidence on either side for breast vs bottle, childcare vs stay at home, sleep-in-the-bed vs controlled crying, attachment vs free range, one has to wonder what the debate is really about.

    Is it a feminist debate about rights? Is it a psychological division resulting from the divorces of the 70s? Or have we lost the wood for the trees on what parenting is really all about?

    Read more →
  • Featured Me, Myself and I The Power of Fun

    The Power of Fun

    Australians work the longest hours of all Westerners and forgo $72 billion of wages in unpaid overtime each year.

    The rules of the workplace, the classroom and the church mandate good and uniform behaviour. Our bodies are huge conspirators against us and there is very little we can do about it.

    In a world where the invisible soldiers of civil society stand guard around us at all times, having fun has never been so important.

    In fact, it just might be the most subversive thing you can do.

    Read more →
  • Featured Grand Ideas Oh help me nanny!

    Oh help me nanny!

    When my daughter was less than six weeks old, I made the obligatory rounds of the childcare centres in my locale. Things looked grim.

    ‘‘She should have been registered six months ago,’’ said one apologetically (presumably as a four-month-old foetus). At another, there were 300 people in the queue before me.

    Unless you knew someone or knew how to ruthlessly monster people into getting what you wanted, there was no childcare. Quite simply, there is a market failure in the care of young children in Australia.

    Opposition leader Tony Abbott’s nanny rebate proposal could not have come at a better time for Australian parents facing our diabolically inadequate childcare system.

    Read more →
  • Featured Me, Myself and I Margin Call

    Margin Call

    Unemployment had never been a consideration for educated financial sector worker Brigit Wilkinson, until she found herself spat out by the markets.

    Exhausted by the chaos of working through the GFC in the fast-paced City of London, she found herself almost begging for a redundancy last year. After a trip overseas and plenty of café time, she finally fronted up to find work only to discover the market in fast retreat.

    Single, 38 and weighed down by a massive mortgage, she joined the growing ranks of the white collar unemployed.

    Beyond the day-to-day struggle of applying for jobs in a market that hasn’t finished shedding them, she found herself facing much deeper questions about life.

    Read more →
  • Featured Foreign Climes Born to work

    Born to work

    If Bruce Springsteen is the writer who best chronicles the American man, then the land of dreams is in deep trouble.

    The American economy might be showing signs of recovery, but with 46 million people still living in poverty, the country is facing more than the usual ups and downs of capitalism.

    In Springsteen’s latest album, Wrecking Ball, the man who once railed against the boss man at the steel factory now has no job at all and the character who was once hotting his engines up ready to run is now cleaning leaves out of gutters.

    Where hope once flowed, Springsteen’s characters now turn to love as their reason for being. But will they find redemption in that alone?

    Read more →
  • Featured Me, Myself and I Quiet

    Quiet

    I once had an actor friend who told me the key to his success at castings was in the silences, not the things he said.

    As the silent film The Artist scoops up one film award after another and Susan Cain’s book Quiet roars up the charts, the word on everyone’s lips is shhhhh.

    Amidst a frenetic world of networking, team building, bonding and quality time with others, The Artist and Quiet offer us a rare commodity: permission to say nothing.

    Susan Cain argues that quiet people may be happier, smarter and more productive. Is it finally time for a little reflection?

    Read more →
  • Featured Grand Ideas It’s not you, it’s us

    It’s not you, it’s us

    When I lived in Brazil and would return home for holidays, there was nothing that would get people going more than poverty in Rio’s infamous favelas.

    Activists I knew in Brazil used to call it “poverty porn” – the morbid fascination of the west with the living conditions of the extremely poor.

    A similar conversation about living standards within aboriginal communities in Australia might have been met with a stony silence.

    The problems of Uganda are far more intricate than Kony2012 suggests, but it’s almost irrelevant in a debate that has less to do with African misery than the freely-floating moral outrage of Westerners.

    Read more →