May 23, 2013

Business: Barclays’ Diamond faces grilling in parliament

5303d5b475566f7b3f22af19e96c04ca Business: Barclays Diamond faces grilling in parliament

() – squares up to critical on Wednesday, a day after quitting as Barclays’ chief executive over an interest rate rigging scandal, and could drag the , government and rival banks deeper into the affair.

Diamond abruptly resigned on Tuesday just hours after Bank of and Financial Services Authority chairman effectively told Barclays Chairman Marcus Agius that the CEO was not the right man to reform the bank’s culture after the scandal, people familiar with the matter said.

Diamond’s testimony to a parliamentary inquiry could prove politically explosive; on Tuesday, Barclays published a 2008 internal memo from him that a senior manager understood to mean that the Bank of England and government might approve if they gave artificially low estimates of their borrowing costs at the height of the to avoid giving the impression that Britain’s banks were in difficulty.

The estimates are used to compile the , or Libor, a global benchmark that underpins financial transactions worth an estimated $360 trillion.

Barclays, Britain’s third-largest bank was fined $453 million for its part in manipulating Libor from 2005 through 2009 and has admitted submitting falsely low estimates from late 2007 to May 2009, while Diamond was its investment banking head.

The American banker is scheduled to appear before the cross-party Treasury Select Committee at 2 p.m. BST (0900 EDT).

Though his compatriots across the Atlantic will be celebrating a holiday marking their independence from Britain, Diamond said he “looked forward to fulfilling” his appointment with the parliamentary committee in London, despite having already resigned.

Barclays’ defense tactic of claiming official sanction for the period of manipulation covered by the market crisis drew a skeptical response from Britain’s at the time. Alistair Darling said he could not imagine the central bank asking Barclays to take such action and said his department would never “suggest wrongdoing like this”.

Diamond, Agius and Chief Operating Officer Jerry del Missier have all quit this week, although Agius is staying on to lead the search for a new CEO.

The bank said in documents released ahead of Diamond’s appearance that it was “ironic” that there had been such an intense focus on it alone, as it was the only bank to have settled with authorities after its “exceptional level of cooperation” over the global Libor investigation.

By 0850 GMT Barclays shares were down 1.3 percent, in line with a weaker European bank index.

“They were the first to receive the fine, so there is this rush to blame Barclays, but all the banks being investigated could be culpable,” said an investor in the bank who asked not to be named.

Barclays had handled the crisis badly and needed to find an external chairman and CEO to wipe the slate clean, he said. “They really need to demonstrate to shareholders and indeed the wider world, that they mean business and they are going to look very hard at their culture.”

BANKING SCANDALS

The Libor scandal comes at a time of increasing anger in Britain against the banks, already widely excoriated for their role in the financial crisis of the past few years.

Politicians and newspapers have seized on the scandal – which exposed macho e-mails between bankers congratulating each other with offers of champagne for helping to fiddle figures – as an example of a culture of wrongdoing in an industry that only stayed afloat with huge taxpayer bailouts.

Libor is a market benchmark published by the British Bankers’ Association (BBA) based on a survey of what banks tell its compilers they have to pay to borrow from their peers, in various currencies and for different periods. It is used to price financial contracts around the world, ranging from complex interbank transactions to consumer mortgages and student loans.

In the four years to 2009, when the authorities believe banks were lying about their borrowing costs to influence the Libor benchmark, some customers may have benefited, and others lost out. Some bankers may have manipulated the rate to profit in certain transactions. Much of the focus, however, has been on late 2008, when the Lehman Brothers collapse in the United States pushed global financial markets into crisis.

In that period, high borrowing costs for banks reflected a loss of confidence that managers – and governments – were trying to shore up, creating a temptation for bankers to report lower interest rates to the BBA than they were actually having to pay.

OFFICIAL ENCOURAGEMENT?

The 2008 memo suggests that Barclays was given implicit encouragement by BoE deputy governor Paul Tucker to lower its contributions to setting Libor during the peak of the financial crisis to present a better picture of financial health.

According to the memo, Tucker told Diamond he had received calls about the Libor rate and banks’ submission for it from senior government officials. “It did not always need to be the case that we appeared as high as we have recently,” Diamond said he had been told.

The memo was a “file note” produced to make a record of important conversations. Diamond only wrote a handful of them in his 16 years at the bank.

The Bank of England declined to comment.

Barclays’ agreement to pay fines last week increased pressure on other banks to cooperate in a probe that could cost the industry billions of dollars.

The Libor figures submitted by banks are compiled by Thomson Reuters, parent company of Reuters, on behalf of the BBA.

(Additional reporting by Steve Slater, Sinead Cruise and Raji Menon; Editing by Will Waterman)

RBS report urges tougher rules on bank M&A, execs

913cfacdd36f164f37a3d7d767012050 RBS report urges tougher rules on bank M&A, execs

() – Bank takeovers should face deeper scrutiny and directors be more accountable for their actions, Britain’s finance watchdog said in a long- into Royal ’s (.L) near collapse.

The Financial Services Authority (FSA) said in a 452-page report on Monday that RBS managers, like former chief executive Fred Goodwin, were most at fault in the bank’s brush with bankruptcy, which was only averted by a 45 billion pound ($70 billion) government in 2008.

The regulator, which is due to be broken up next year with much of its remit returning to the , was also critical of its own actions and of Gordon Brown for encouraging a “light touch” regulatory regime.

The report, like earlier investigations, said there was no prospect of successful legal action against former RBS executives as there was no evidence of , although they had made a series of .

But it said they could still be disqualified from being directors in future, pending a decision by the government, and suggested the law could be changed.

“The question I have raised for the future is whether the balance of the law is right,” FSA Chairman told , arguing that new rules could ensure directors face personal financial consequences if a bank failed.

“The point about banks is banks are different. When things go wrong in banks you can screw up the whole economy rather than just shareholders’ interests. We haven’t recognized that enough in the past.”

Peter Wright, a litigation partner at London-based law firm Fox Williams, said it was hard to reconcile the lack of punishment with the scale of RBS’s failings.

He warned, however, of the dangers of singling out directors of banks for extra liabilities.

“This could simply mean that individuals with the highest risk tolerance, rather than the most skilled, would be prepared to accept the most systemically important roles that affect us all.”

TOUGHER TAKEOVER RULES

The FSA said banks should face closer scrutiny of their takeover plans, identifying RBS’s highly-leveraged 16-billion-euro purchase of parts of Dutch bank ABN AMRO in 2007, just before a financial markets meltdown, as its biggest mistake.

“The decision to make a bid of this scale on the basis of limited due diligence entailed a degree of risk-taking that can reasonably be criticized as a gamble,” it said, adding the information made available to RBS by ABN AMRO in April 2007 amounted to “two lever arch folders and a CD.”

In future banks should need formal consent from the regulator for a takeover and obtain independent advice from an adviser whose pay is not linked to a successful deal, it said.

The British government welcomed the report, saying it showed its reforms of the banking sector were right, while RBS’s new management said it had learned the lessons of past and was building a new bank.

RBS, which came within hours of running out of cash in October 2008, is 83 percent owned by the government following the bailout. The taxpayer is currently sitting on a 25 billion pound loss at today’s share price.

“MULTIPLE POOR DECISIONS”

The FSA said flaws in its own supervision “provided insufficient challenge” to RBS, but also argued it was under pressure from the government to take a hands-off approach.

There was “a sustained political emphasis on the need for the FSA to be ‘light touch’ in its approach and mindful of London’s competitive position,” the report said.

On several occasions in 2005 and 2006 prime minister Brown said he didn’t want “unnecessarily restrictive and intrusive regulation” to impair London’s competitiveness, it said.

Originally a small Scottish bank, RBS rose to become one of the world’s biggest thanks to a string of takeovers and aggressive expansion. It was brought to its knees by a decade-long acquisition spree led by Goodwin and his strategy of running the bank with levels of capital that proved too low.

“The multiple poor decisions that RBS made suggest … that there are likely to have been underlying deficiencies in RBS management, governance and culture which made it prone to make poor decisions,” the report said.

Goodwin has been slammed for a management style that discouraged dissent among senior staff — his daily morning meetings became known as the “Morning Beating” — but former board directors told the FSA they did not feel bullied by Goodwin, the report said.

The FSA also investigated a court injunction obtained by Goodwin to prevent publication of details of his private life, and concluded “it is irrelevant to the story of RBS’s failure.”

($1 = 0.6402 British pounds)

(Writing by Mark Potter; Reporting by Steve Slater and Sudip Kar-Gupta; Editing by Sophie Walker)