In his recent interview with Oprah Winfrey, Lance Armstrong belatedly admitted to taking illicit drugs throughout his career. But in doing so, he also shed light on a corrupt culture within the sport involving colleagues, sponsors and even the governing body of cycling. Drug taking was such an integral part of the sport that, because the sport was gaining in popularity, nobody wanted to rock the boat. Everyone was benefiting from the deceit.
Last week, the Commodity Futures Trading Commission (CFTC) handed down a damning report on the Royal Bank of Scotland (RBS) and its part in the ever-widening LIBOR scandal, which has already engulfed Barclays, UBS and is about to touch others.
The RBS report is shocking because it details blatant examples of market manipulation, widespread collusion, and anti-competitive, cartel-like behaviour. The conversations between bankers and brokers in multiple firms to manipulate LIBOR are laid out in shocking snippets of expletive-laden market jargon and workplace bonhomie. Transcripts record the fact that traders knew that they were doing wrong; they just didn’t think that they would be caught. They, like Armstrong, thought were above the law.
But RBS is not unique. The same brazen tactics used to extract unwarranted profits from manipulating the markets were reported at UBS and Barclays. Nor was it just the banks: the exploitation also involved brokers, who were bribed by under-the-counter payments to rig the largest financial market in the world to the detriment of their clients.
It was not just the frontline troops. The reports into Barclays and UBS detail instances where the most senior management of these companies were actively involved in manipulating the market to protect their jobs. The CFTC inquiries also document massive failures of compliance functions within all of these banks; Chinese Walls were burned down in the dash for instant profits.
When the reports are put together — and doubtless amplified by more to come — a picture of corruption emerges across the industry. Manipulation of the $300 trillion interest rate market had become so commonplace that it had become part of doing business. Specialists moved between firms keeping their networks alive by sending over crates of champagne to one another when backs had been scratched. The LIBOR trough was so enormous that there was enough for every pig to gorge themselves silly.
How long had this deceit been going on? Technology has allowed investigators to find instances dating back to 2005, in the super-heated markets before the GFC. But one ex-trader reports that, as a new trader the early 1990s, his colleagues considered him amazingly naive when he reported what he considered to be manipulation.
At this point, one might ask: what were regulators doing? There were a number of studies, by normally astute bodies such as the IMF, which concluded that while manipulation was alleged it could not be proven. These regulators were not duped. It transpires that manipulation was so widespread it was no longer anomalous, but was part of the background noise of the market. When there is collusion to rig market prices, who can say what the real market price should be? Certainly not post-hoc statistical analysis.
In itself, the widespread corruption in the global interest rate markets would be sufficient to warrant a serious re-think of banking regulation. But in the past few years, major banks have also been accused and found guilty of money laundering (HSBC and Standard Chartered), securities fraud (Goldman), tax avoidance (Australian banks) and deceptive practices (UK banks) in multiple markets. There is a stench of corruption in the global financial markets that will not be removed except by root-and-branch reform.
Who should tackle this mammoth task?
Certainly not the global banking regulator, the Bank for International Settlements (BIS), which has been captured by the largest banks. Self-regulation doesn’t work either, as shown by the failure of the British Bankers Association (BBA) to police its own rules on LIBOR. Local regulators are finding it hard to chase companies beyond their parochial jurisdictions. The largest banks are adept at routing dodgy transactions through so-called Special Purpose Vehicles, located in offshore banking centres such as Ireland, to evade local scrutiny.
Is there a better model?
We can look to sport for an example. The World Anti-Doping Agency (WADA), headed by Australian John Fahey (a modern day Elliot Ness if ever there was one), has created a regime that means that while an offender may not be caught today, information is painstakingly collected that can be analysed later to detect drug-taking. It is CSI applied to sport. This system eventually led to the confessions that finally brought Lance Armstrong down.
In their next meeting, the G20 should create a World Financial Crimes Agency (WFCA), based loosely on the WADA model. The role of such an agency would be to collect data from financial markets around the world and to test for possible financial crimes. Such an agency would actively encourage whistle blowing and prod legislators to provide protection for whistle-blowers. The body would also ensure that bank boards, like sporting administrators, sign up to a campaign to drive white-collar crime out of the financial industry.
The costs would be a pittance compared to the economic damage inflicted by market manipulation and might start to restore public faith in the financial markets.
There is a possible candidate for the Armstrong role. His name is Thomas Hayes, who has been outed by the press as the probable ‘Senior Yen Trader’ at UBS. This senior banker was a Svengali who successfully orchestrated “campaigns” to manipulate the LIBOR markets. Mr Hayes, if he is indeed the infamous Senior Yen Trader, will never work in the financial markets again and hence should be encouraged to come clean about the deception in return for some form of protection. Perhaps a segment on Oprah awaits.
Carol Daly
Director
Thanks for a very readable analogy between the financial markets and the equally corrupt financial markets.
The problem is that all except the very rich (bankers and financial players among them) are impacted by the financial markets corruption. All our superannuation, all the millions back in poverty and unemployed because of the GFC have been affected and many real people's lives ruined.
Of course to the financial sector people are just sheep to be fleeced!
It is well overdue for a global regulator as described to be put in place. But we can expect the bankers to squeal and use their considerable influence to delay and weaken such a body.
Stephen John Ralph
carer
Another day , another scandal involving money and corruption.
No wonder ordinary citizens are becoming disillusioned with governments and various organisations - be they financial, sport or whatever.
I suppose plain ol greed is the motivator, could be power, could be because they just can.
As Carol says, people lives across the world are ruined.
I feel sorry for today's young generations. The world they will get to live in over the next 100 years may , sorry WILL be a tragic and barren one.
Carol Daly
Director
Sorry, the analogy is between sport and the financial markets of course.
Felix MacNeill
Environmental Manager
As an old semi-lefty, I just can't help posting a huge WE TOLD YOU SO here - to all the greedy liars of neo-liberalism and their political stooges, I await your come-uppance and punishment.
And people wonder why, for all it's genuine historical virtues, the free-market system is increasingly under threat! the danger isn't from radicals on the outside but from the filth on the inside.
Yes, this post is emotional, but when you consider the real damage done to ordinary people, as mentioned by Carol and Stephen, it would actually be irrational not to be emotional. Real anger is the only logical response.
Stephen John Ralph
carer
As an inveterate documentary watcher, there was a doco on F. Hayek last night. (a previous one on JMK last week.)
As a novice in the world of global and national economics, it surprised me that his proposal of allowing markets free reign, without governmental intrusion, a fairly risky undertaking. Given all this Libor scandal, it would be like putting Attila the Hun in charge of the peace corp.
Another interesting comment in the piece( I forget by which expert) indicated that world economics is pretty much guesswork and trial and error........wow thats a worry. No wonder we are up shit creek.
Kevin Bain
Teacher
Bit confused about some aspects Pat.
I looked at your ref to a 2008 IMF doc and no concern there about LIBOR rigging: they specifically reject allegations about the process and say that "U.S. dollar LIBOR remains an accurate measure of a typical creditworthy bank’s marginal cost of unsecured U.S. dollar term funding." (p 76) You seem to be saying they were not duped, just confused by background noise. That's not very demanding of high powered researchers.
Perhaps Vance Martin at Univ of Melb…
Read morePat McConnell
Honorary Fellow, Macquarie University Applied Finance Centre at Macquarie University
Kevin
Good questions
The IMF were not the only team not to pick up manipulation, the BIS ( Gyntelberg and Wooldridge 2008) and Abrantes-Metz (http://ssrn.com/abstract=1201389) missed it too. Even, the now famous grad-students, Snider & Youle (2010) only found evidence of 'bunching' and did not prove manipulation.
With hindsight it should have been obvious, so why was it missed? From the evidence provided by the CFTC, I conclude that, because manipulation was so widespread and continuous…
Read moreKevin Bain
Teacher
Pat, you say that in hindsight the problem should have been obvious, but why? Surely understanding the 'why' is crucial to any prescription for future regulation.
The IMF paper you cite had 22 "primary", 10 "other", and 8 "analytical" contributors. You say these and other researchers were looking for anomalies when the problem was already endemic, which sounds unflattering to their research capability despite access to large IFS databases and authoritative central bank data. Nobel prize winning…
Read morePat McConnell
Honorary Fellow, Macquarie University Applied Finance Centre at Macquarie University
Kevin
You are right 'why' is the key question, and one doesn't get that from statistical testing of aggregate data (such as that collected by central banks). The researchers were using the data they had; it just wasn’t enough of the right stuff.We need more and better data, but where do we get it?
I would not call WADA unworldly; they are not dominated by academics but hard-nosed politicians and scientists. What is needed is more data at the personal not aggregate level, if you like 'out-of…
Read moreKevin Bain
Teacher
What I was getting at with "why should it have been obvious at the time?" is this: if it is virtually impossible for the best minds around to see what's going on until it's too late, and the consequences of reg failure are severe, then external regulation of financial institutions is not feasible. Therefore direct rather than indirect control ie. re-nationalisation of the sector, is the only effective approach. It will not be a palatable message in circles where vested interests and "short termism…
Read morePat McConnell
Honorary Fellow, Macquarie University Applied Finance Centre at Macquarie University
Kevin
When someone has taken the time not only to read the article but also the references and comments in a civilized manner , one is really required to respond. Thank you.
I don't believe that nationalization is necessarily the answer to banking problems, not least because banking is now global, money is fungible. In fact after the GFC, UK, Irish and other banks were actually nationalized and other banks were de facto nationalized, by injection of massive support, e.g. USA. One could even…
Read moreMartin Hardie
Lecturer in Law at Deakin University
Thanks for this. I've been exploring the connection between the market and competition society and anti doping for a little while. I think rather than the wada model being taken up what we will see is the transfornation of that model. The blowback from the powerful interests of sport business and government may well see wada being reduced to a service provider for sport .... ie it will not act indepedently and especially not when sport as a brand and form of global governance is threatened