Eight Banks Fined For Rate Rigging

As per the BBC, the European Commission has fined eight banks a total of 1.7bn euros for forming illegal cartels to rig interest rates.

RBS Fined £5.6M

RBS has been fined £5.6M by the Financial Conduct Authority (FCA) for "incorrectly reporting transactions they made in wholesale markets".

Seemingly, between 2007 and 2013, RBS either didn't report or incorrectly reported approximately 45 million transactions!

Barclays Fines Staff For LIBOR Fraud

Barclays will impose £450M of financial penalties on its staff for rigging LIBOR.

Sky News reports that Barclays will disclose details in its forthcoming annual report. The "fines" will be levied against the "variable pay", ie bonuses and deferred share awards of the staff.

However, it should be noted that Barclays will still award £1.8BN in bonuses to its staff.

FSA Kowtows To The Banks

Last week the FSA stated that banks had mis-sold around 90% of rate swaps. Martin Wheatley, chief executive designate of the Financial Conduct Authority stated:

"We believe that our work will ensure a fair and reasonable outcome for small and unsophisticated businesses."

Was this statement an indication of a new tough approach by the FSA against mis-selling by the banks?

Unfortunately, for the hapless SME's who were sold these products, the answer is no.

The Independent reports that banks have been given a "get out of jail card" by the FSA, in the form of a ceiling on the size of swaps for which compensation can be claimed. What the FSA chose to hide in their statement last week was the fact that swaps of £10M and above will be excluded from the review that it has ordered banks to undertake, this exclusion will mean that banks will be exempted from compensating companies that took swaps of £10M or more out.

Aside from the fact that the FSA has yet again proved that it is weak and toothless when pressured by the banks, this exemption is a clear indication that banks are in a weak financial position (ie the industry cannot afford to take another £10BN hit akin to the PPI scandal).

The sooner the FSA is expunged from history, the better!

UBS Fined $1.5BN

Last Friday I wrote that UBS was to be fined $1Bn for its role in the LIBOR rate fixing scandal.

I was wrong, UBS has in fact been fined $1.5BN.

Mea culpa!

UBS $1BN LIBOR Settlement

UBS is, according to the Telegraph, close to agreeing a settlement with UK and US regulators on LIBOR rigging.

The bank is expected to announce next week that it has reached a combined $1BN deal with US and British authorities to settle an investigation into the role it is alleged to have played in rigging global borrowing rates.

To put the $1BN into context, LIBOR is the basis for $800 TRILLION of financial products. The banks that participated in its rigging would have made billions out of this over the years.

Additionally, UBS's bonus pool was $2.79BN in 2011.

Therefore shed no tears for them!

Banks Issue Threat

Sky reports that Britain's banks have issued a thinly disguised threat to the FSA and other regulatory agencies, that if they are continually fined their lending capacity and ability to rebuild their capital bases will be severely jeopardised.

The warning was given at a meeting between bank CEO's and officials from the Financial Services Authority (FSA) last week.

HomeServe Fined £750K For Cold Calling

HomeServe have been fined £750K by Ofcom for cold calling during the period 1 February 2011 and 21 March 2011:

"HomeServe confirms that it has been notified that Ofcom has imposed a fine of £750,000 pursuant to section 130 of the Communications Act 2003 in relation to Ofcom's finding, that between 1 February 2011 and 21 March 2011 ('the Relevant Period') a number of outbound marketing calls made on behalf of HomeServe by one outsourced supplier, did not meet Ofcom's rules regarding silent, abandoned or repeat calls. HomeServe is reviewing the detailed determination.

HomeServe identified the issue and promptly reported it to Ofcom, following an internal audit of all of HomeServe's telemarketing operations. The problem was identified as having resulted from the incorrect use of Answering Machine Detection (AMD) technology via an outsourcer. HomeServe can confirm that it no longer works with outsourcers on its outbound marketing and that AMD is no longer used in any calls made by the company.

HomeServe can also confirm that all of its dialler systems have been fully compliant with Ofcom regulations since 22 March 2011, following the rectification of the errors identified during HomeServe's audit.

HomeServe is providing goodwill gestures of £10 to customers who received a silent, abandoned or repeat call from the referenced outsourcer over the Relevant Period. Anyone who believes they were subject to these over the Relevant Period should contact the company before 31 May 2012 on 0800 389 5280 and the claim will be investigated.

The above details will not have a material impact on HomeServe's financial results and the Company’s financial guidance remains consistent with the pre-close trading update of 29 March."

That's all very well, maybe.

However, why did Ofcom only fine HomeServe for that period and what about the people (such as myself) who were bombarded with cold calls in 2010?

UPDATE

To HomeServe's credit I have just received a call from them, and have been promised £10 for my poor experience of their cold calls.

FSA Grows Some Balls

In a rare display of balls, the soon to be disbanded FSA fined Ian Hannam, the Chairman of Capital Markets at J P Morgan Cazenove, £450K.

For good measure the FSA also published their decision:

"The Financial Services Authority (FSA) has today published a Decision Notice for Ian Hannam, the Chairman of Capital Markets at J P Morgan Cazenove. The Decision Notice indicates that the FSA has decided to fine Hannam £450,000 for market abuse.

Hannam has referred the matter to the Upper Tribunal (the Tribunal) where he and the FSA will each present their case.  The Tribunal will then determine the appropriate action for the FSA to take. The Tribunal may uphold, vary or cancel the FSA’s decision.  The Tribunal’s decision will be made public on its website.

In the Decision Notice dated 27 February 2012, the FSA set out its decision to fine Hannam for two instances of market abuse (improper disclosure).  In the FSA’s opinion, Hannam disclosed inside information in two emails sent in September and October 2008 to a prospective client.  The emails contained inside information relating to Heritage Oil Plc (Heritage), an existing J P Morgan client for which Hannam was the lead adviser. 

The September email contained information about a potential offer for Heritage and the October email contained information about a new oil find by Heritage.

The Decision Notice states that the FSA accepts that Hannam did not set out to commit market abuse but considers that Hannam’s failings were serious in view of his experience and senior position within J P Morgan. 

The FSA believes that the size of the proposed fine reflects the serious nature of the market abuse and should act as a deterrent to other market participants. 

Tracey McDermott, acting FSA director of enforcement and financial crime, said:

“Inside information is extremely valuable and must be handled with care to ensure that it is properly controlled and that appropriate safeguards are observed.  This applies to all market participants but is particularly important for senior practitioners who will regularly interact with a wide circle of contacts”.

Hannam is disputing the fine. However, he has today resigned from JP Morgan.