Escolar Documentos
Profissional Documentos
Cultura Documentos
An initiative of Eva Joly, Member of the Greens/EFA group in the European Parliament
This is the third part of my journey through the list of 47 banking scandals put
together by Robert Jenkins, a former member of the Bank of Englands financial
stability policy committee
http://www.cftc.gov/PressRoom/PressReleases/pr7180-15
A trader at JP Morgan Chase in London, Bruno Iksil, known as the London Whale
lost at least $6.2 billion for the bank in 2012 in trades that violated securities
laws. Neither Mr. Iksil himself nor senior managers faced criminal charges in the
UK and the case has been settled, with the bank paying fines of more than $ 1
billion.
U.S prosecutors on the other hand indicted two of JP Morgans staff involved in
the scheme, for securities fraud by hiding the extent of losses from the banks
management.
The U.S. Senates permanent subcommittee on investigations issued a 300-page
report on the London Whale losses on March 15, 2013.
In the report (JPMorgan Chase Whale Trades: A Case History of Derivatives Risks
and Abuses2) the committee states that the trades provided a startling and
instructive case history of how synthetic credit derivatives have become a multibillion dollar source of risk within the U.S. banking system.
In late 2014 the Federal Reserve (Office of the Inspector General) issued a
report3 on its handling of the oversight of JP Morgan stating that it observed
risks in JP Morgans chief investment office but that planned examinations in the
years 2008 -2012 had been mishandled, claiming that the New York Fed did not
conduct the planned or recommended examinations because the Reserve Bank
http://www.hsgac.senate.gov/subcommittees/investigations/hearings/chasewhale-trades-a-case-history-of-derivatives-risks-and-abuses
2
http://oig.federalreserve.gov/reports/board-supervisory-processes-jpmorganchase-oct2014.htm
3
reassessed the prioritization of the initially planned activities related to the CIO
due to many supervisory demand.
In contrast with the Senate committees three hundred page report the Feds
report that has been made public is only a four-page summary of its findings,
with the Fed claiming that the full report contains confidential and privileged
supervisory findings.
Bloomberg quotes Mark Williams, former Fed bank examiner who is now a
lecturer at Boston Universitys School of Management, saying that The report is
disturbing in that it reveals that the Fed, the nations most powerful regulator,
failed to follow up on identified risks that later cost JPMorgan and its shareholders
over $6 billion. Risk identification without follow up is the equivalent of a fireman
seeing a fire but not acting on it.
An interesting detail is that the CEO of JP Morgan, Jamie Diamond, served on the
board of directors at the New York Fed, from 2007 2012 before joining JP
Morgan.
PRO PUBLICA has published articles about turmoil within the New York Fed
where experts supposed to oversee the big banks were hindered in their work:
New York Fed examiners embedded at JPMorgan complained about being
blocked from doing their jobs. In frustration, some requested transfers. Top New
York Fed managers knew about the problems, according to interviews and secret
recordings of internal meetings obtained by Pro Publica. Similar frustrations had
surfaced among examiners at other banks as well.4
http://blogs.reuters.com/alison-frankel/2013/08/19/how-long-didjpmorgan-allegedly-deceive-investors/
http://www.theguardian.com/business/2013/sep/19/jp-morgan-920mfine-london-whale
http://www.bloombergview.com/quicktake/the-london-whale
http://www.reuters.com/article/us-jpmorgan-chase-londonwhalelawsuit-idUSBREA2U1M820140331
http://sevenpillarsinstitute.org/case-studies/dimon-and-the-whale
http://www.narrowroadcapital.com/wp-content/uploads/2013/03/FiveBanking-and-Investment-Lessons-from-the-London-Whale-Incident.pdf
others).
http://www.propublica.org/article/secret-tapes-hint-at-turmoil-in-new-yorkfed-team-monitoring-jpmorgan
4
See item 24
to Madoff
Bernard L. Madoff Investment Securities LLC was a Wall Street investment firm
founded by Bernie Madoff. Madoff's fraud was revealed months after the 2008
U.S. financial collapse revealing the largest Ponzi scheme in history where
Madoff relieved his investors of $64.8 billion.
The scheme came to light when Madoffs sons, after he told them about it,
reported him to the Securities and Exchange Commission, SEC. Madoff was
sentenced to 150 years in prison and to pay $ 170 billion in restitution.
Since, whistleblowers have come forward with information that the SEC
systematically ignored the warnings and tips it received about Madoffs business,
going back as far as 1999.
http://money.cnn.com/2009/02/04/news/newsmakers/madoff_whistleblower
/
http://www.rollingstone.com/politics/news/why-didnt-the-sec-catch-madoffit-might-have-been-policy-not-to-20130531
http://www.washingtonpost.com/wpdyn/content/article/2009/09/02/AR2009090203851.html
In 2013, the worlds oldest bank and the Italys third largest, the Monte dei Paschi
di Siena, founded in 1427, faced up to 720 million derivatives trades, details of
which were kept hidden from regulators. At the time the trades were made, in
the years 2006-2009, Mario Draghi, the current head of the European Central
Bank was the head of the Bank of Italy.
Failing to meet European capital standards the bank received 3.9 billion in
state aid and raised questions about the oversight of Italys banking system. The
banks troubles are still on-going as it has failed the ECBs stress tests. Having
raised 3.7 billion in new capital this year, the bank is looking for a buyer.
In 2014 three of the banks CEOs were tried on accusations of hiding the
derivatives deals that lead to the banks troubles and sentenced to three and a
half year jail sentences and to pay civil damages. All three appealed the
http://www.theguardian.com/business/2013/feb/01/mps-bank-sienascandal
http://www.telegraph.co.uk/news/worldnews/europe/italy/9530852/De
cline-of-Monte-dei-Paschi-di-Siena-worlds-oldest-bank-leaves-city-payingthe-price.html
http://seekingalpha.com/article/2819876-recently-uncovered-italianregulatory-filings-raise-more-red-flags-at-amtrust
http://www.facing-finance.org/en/2014/07/deutsch-deutsche-bankbestechungsskandal-in-japan/
This year news emerged that the Serious Fraud office is offering Barcleys a
deferred prosecution agreement (DPA) the UK equivalent of a plea bargain in
the U.S. - meaning that the case would not go to court, but settled with a fine.
http://www.msn.com/en-gb/money/other/sfo-invites-barclays-to-talkabout-settling-qatar-deal-probe/ar-AAdisQV
http://www.ft.com/intl/cms/s/0/47d412ce-6bd1-11e2-a70000144feab49a.html?siteedition=uk#axzz3uUKpF54p
http://www.ft.com/intl/cms/s/0/950db234-4406-11e4-8abd00144feabdc0.html#axzz3uUKpF54p
http://www.msn.com/en-gb/money/other/sfo-invites-barclays-to-talkabout-settling-qatar-deal-probe/ar-AAdisQV