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Wall Street Journal Original article ›
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A unit of RBS, possibly in Asia, is likely to plead guilty to manipulating the London interbank offered rate (LIBOR). A settlement with U.S. prosecutors is likely by mid-Feb. 2013. A penalty of 500 million pounds or $790 million is expected as part of a legal settlement, according to people briefed on negotiations. RBS is 82% owned by the British government. This follows legal settlements totalling about $2 billion with Barclays and UBS. Banks are also concerned about the risks of private litigation. Deutsche Bank is being investigated for its involvement.
Wall Street Journal Original article ›
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Swiss Bank UBS's $1 billion legal settlement with the Justice Department criminal division, U.S. CFTC, UK Financial Services Authority, and Swiss regulators over manipulation of the London interbank offered rate and the euro interbank offered rate is the largest settlement for LIBOR manipulation. This exceeds the $450 million legal settlement by Barclays bank for LIBOR manipulation.
Wall Street Journal Original article ›
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Deutsche Bank has legal risks of over $3 billion euros according to analysts. 1 billion euros have been set aside as required by Germany's financial regulator BaFin to cover potential legal settlement losses. This is separate from 822 million euros in other provisions. At the same time Deutsche Bank has to raise 10-15 billion euros to meet regulatory reserve capital requirements.
New York Times Original article ›
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Deutsche Bank posted a fourth quarter 2012 loss of 2.2 billion euros. It set aside 1 billion euros to cover the cost of legal settlements including an investigation of LIBOR rate manipulation. Deutsche Bank says it has raised its Tier 1 capital ratio to 8 percent from less than 6% a year earlier. Analysts are uncertain whether this is from changes the way the bank calculates risk and whether the bank has seriously reduced its high leverage.
Wall Street Journal Original article ›
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JP Morgan agrees to a legal settlement of $4.5 billion for losses to investors from toxic mortgage securities sold by Washington Mutual and Bear Stearns. JP Morgan acquired the two financial institutions following the 2008 financial crisis. The investor group includes Black Rock Inc, Allianz's PIMCO, MetLife, and Goldman Sachs. The same group of institutional investors settled with Bank of America for $8.5 billion. JP Morgan has set aside $23 billion at the end of the third quarter for legal losses. The settlements now are at about $20 billion. A private suit by Deutsche Bank National Trust Company representing 100 trusts for poorly perfoming bonds sold by Washington Mutual, and seeking $10 billion is still pending. The FDIC is arguing that JP Morgan is liable because it inherited the liabilities when it acquired Washington Mutual. JP Morgan says the acquisition was made as part of a government arranged acquisition at the height of the 2008 financial crisis. It says the FDIC receivership that took Washington Mutual's assets when it failed in September 2008 should pay for any claims related to misrepresentation and false promises for the bonds. ...
Wall Street Journal Original article ›
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Angelo Mozilo's Countrywide acquired by Bank of America for $2.5 billion may have cost Bank of America about $40 billion say people close to the bank. The losses are from real estate losses, legal expenses and settlements with state and federal agencies.

A bigger stick

Economist Original article ›
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This editorial in the Economist magazine says the banks have paid large fines for wrongdoing but individual accountability has not been achieved. Only one individual conviction has been achieved related to market rigging in Britain. The penalties paid by banks between 2009 to 2014 worldwide add up to $245 billion, according to CCP, a research group. The problem says the editorial is that without individual accountability this is likely to be seen just as a cost of doing business. For the culture at banks to change individual acountability has to be established, and only now are banking regulators realizing that the public's disillusionment with the political parties in power during the last decade in Europe and the U.S. has its roots also in the way accountability has been tackled. Editorials in the WSJ and the NYT have addressed the same theme and expressed the same concern. The May 21, 2014 editorial on the U.S. Justice Department's legal settlement with Credit Suisse. "Holder convicts Switzerland," was critical of the Justice Department because this settlement did not bring accountability or justice. Columnists Eavis and Reilly in the WSJ, Protess and Greenberg in the NYT, were also critical of the settlement. Other legal settlements followed the same pattern throughout 2012-2015. Another aspect of this and a larger problem is that the same management has remained in place in some places. Shareholders expressed their feelings at the recent Deutsche Bank meeting in June 2015 when one shareholder association asked the question: "Mr. Jain are you the solution to the problem or part of it?" questioning how the same management that created the problems was going to fix the problems. A week later the two co-CEO's departure was announced and a new CEO appointed. BaFin, Germany's regulatory authority was described as not providing effective oversight on management at Deutsche Bank, by Eyk Henning in the WSJ March 28, 2014. It is too early to say if the public's frustration with the slow pace of establishing accountability and generating culture change is at long last registering with regulators and the political parties running the government. Prime minister Cameron and chancellor George Osborne's decision to put $1 billion into communities throughout Britain from the fines, described in the WSJ May 31, 2015, and an additional $227 million pounds from a legal settlement with Deutsche Bank in April 2015 for creating 50,000 apprenticeships, is the first sign of a conviction developing in political parties that instincts of fairness and the compact between the people and their government handed down over many, many years and generations, need to be respected. In the U.S. communities devastated by the recession and foreclosure crisis, especially inner cities, could benefit from Cameron and Osborne's exceptional idea. For the political parties and the political elites in Europe and the U.S. it is a way to restore some of the trust lost in the last decade. For banks a change of management, cultural change, will benefit the employees and shareholders, and improve relationships with customers, restoring trust over the next decade....
Wall Street Journal Original article ›
LyrArc Article Gist
Chief Risk Officers join senior management ranks by joining the senior management committee at banks such as Goldman Sachs. The change is part of the effort to make operations safer and simpler and avoid the huge legal settlements banks have faced in 2012-2014.
WSJ Original article ›
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Deutsche Bank plans a share sale for 8 billion euros in 2017 after being hurt by legal settlements and a decision to reverse the sale of retail unit Postbank. Its deal advisory business and corporate finance unit is being merged with its trading unit. Shares have recovered somewhat from a low of 10 euros in September 2016. Share price is 19.14 euros on March 5, 2017.

New York Times Original article ›
LyrArc Article Gist
The Project on Government Oversight, a nonprofit group, (POGO), put out its report in Feb 2013 on the performance of the S.E.C. in enforcement actions. The report is critical of the revolving door whereby the same lawyers who worked at large banks and financial corporations later join the enforcement agency for short periods, only to rejoin the financial companies after their work at the S.E.C. This weakens the enforcement at the S.E.C. Robert Khuzami worked at Deutsche Bank during the period when some of the problems resulting in charges against Deutsche Bank being filed happened. He was the chief of enforcement at the S.E. C. during a critical period following the 2008 financial crisis, and supported action that let companies "neither admit or deny" in legal settlements. This practice reduced the deterrent effect of enforcement actions to protect the public.
Wall Street Journal Original article ›
LyrArc Article Gist
The questions about LIBOR rate manipulation were first raised in front page articles in the Wall Street Journal in spring 2008. In 2013 Deutsche Bank's U.S. financial systems were strongly criticized by the U.S. Federal Reserve. In April 2015 Deutsche Bank made a $2.5 billion legal settlement with the U.S. and British regulators for LIBOR rate rigging and admitted wrongdoing. It took BaFin the German regulator a long time to flag these irregularities in a strong manner, in its letter to Deutsche Bank. The comments in the Senior Management Review section of its report for the first time expressed in this level of detail the problems at Deutsche Bank, including problems with 11 current or former executives of Deutsche Bank. The letter and report were sent to the bank's management board May 11, 2015. A month later co-CEO's Anshu Jain and Jurgen Fritschen resigned. Ba Fin's top supervisor of large banks, Frauke Menke sent the letter. By the time BaFin acted many other regulators had already flagged the problems at the bank, and the media including the WSJ had already covered the problems in great detail. Between the first report in the WSJ on Libor rate irregularities and the May 11, 2015 report was a period of 7 years. ...
Wall Street Journal Original article ›
LyrArc Article Gist
JP Morgan Chase Bank faces six separate investigations by the U.S. Justice Department in 2013. Cases from the housing crisis are still being worked out. The Justice Department has concluded that securities laws were broken in JP Morgan's selling of mortgage backed securities in 2005-2007. A new investigation is taking place into anti-bribery law violations in hiring of children of Chinese officials. The legal settlement losses could place JP Morgan Chase ahead of Bank of America in the extent of losses. One estimate is for $6.8 billion in losses above that set aside in reserves, an amount larger than that of any other U.S. bank, according to Barclays Research.
Wall Street Journal Original article ›
LyrArc Article Gist
The story of Ronald Read of Brattleboro, Vermont, grabbed public attention as a gas station and J.C. Penney employee whose account holdings showed $8 million when he passed away recently. His largest holding - Wells Fargo bank. Investors are attracted to the higher dividends paid by Wells Fargo. With its focus on mortgage lending and less money tied up in trading, Wells Fargo has performed better than its peers. Increased regulatory scrutiny has increased costs for banks with a focus on trading. Bank of America and JP Morgan Chase also paid large fines to regulators. Wells Fargo has no legal settlements with the U.S. Justice Department. As the U.S. economy stages a recovery investors are attracted to Wells Fargo. With a decline in the shares of ICBC, the Industrial and Commercial Bank of China, Wells Fargo now is the largest bank by market value in the world.
Wall Street Journal Original article ›
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The $25 billion mortgage settlement of Feb. 2012, between large U.S. banks and state attorneys general. $17 billion will go to homeowners. Experts say this is good for the banks because it reduces legal uncertainty, and for state attoneys general- it will not be enough to significantly impact the difficult situation in the U.S. housing market.

More Defendants Wanted

Wall Street Journal Original article ›
LyrArc Article Gist
Lack of individual accountability has been a defining feature of large U.S. Justice Department legal settlements with banks and other corporate entities since 2009. This WSJ editorial says establishing individual accountability where wrongdoing has happened is something it has consistently called for since 2009, especially as establishing this would reduce the unnecessary burden imposed on shareholders and employees who may have had nothing do to with the wrongdoing.
DW.COM Original article ›
LyrArc Article Gist
Henrik Bohme says in DW.com that the German government may have to step in to rescue Deutsche Bank after the $14 billion legal settlement with the U.S. Justice Department for the bank's practices before the financial crisis of 2008. He points out that there are other legal settlements that are expected, including one for money laundering charges. In all he says there are 7,800 legal challenges the bank faces. The share price has dropped by 90% to 10 euros by September 2016. The market capitalization is low at 14 billion euros, and it was dropped from the Eurostoxx 50 index because of this. It has 1.7 trillion in assets under management, is a systemically important bank, which means the German government has no alternative but to step in and rescue the bank. Issuing new shares with so many legal challenges is not an option as there would be few buyers.

Wall Street Journal Original article ›
LyrArc Article Gist
Only 61% of shareholders present at the annual general meeting voted in approval of the management at Deutsche Bank in May 2015. Legal settlements and lack of trust in strategies of management have hurt credibility. A large part of the lack of credibility comes from the culture at Deutsche Bank which is seen as slow to change. Co-CEO Jain was head of the investment bank when traders engaged in activities that are causing large legal settlements for wrongdoing. Strong criticism came at the annual meeting from shareholders. Han-Martin Buhlmann of the shareholder association VIP raised the question: "Mr. Jain, are you the solution to the problem or part of it?" Alison Esse, managing director of change consultancy, The Storytellers, says shareholders had voted no-confidence against senior management because they lack the credibility to restore the reputation of the bank.
New York Times Original article ›
LyrArc Article Gist
Deutsche Bank reports a loss of 6.7 billion euros or 7.3 billion dollars for 2015, with legal settlement costs in 2015 at about 5.2 billion euros.
WSJ Original article ›
Wall Street Journal Original article ›
LyrArc Article Gist
RBS announced extra provisions for legal issues and settlements of 3 billion pounds in Jan 2014. RBS is also taking impairment charge of 4-4.5 billion pounds for an internal "bad bank" to cover losses from the 2008 financial crisis.
Washington Post Original article ›
LyrArc Article Gist
Irwin says about the revised Basel III rules in Jan. 2013- one hopes that Mervyn King of the Bank of England and Basel regulators are doing the right thing, striking the right balance between pushing for higher capital requirements and adjusting this to take into account the stalling economies of Europe and the U.S. Banks were given till 2019 to meet capital requirements. More assets are now eligible to meet capital requirements (including lower rated corporate bonds) under revised Basel III rules. The large legal settlements and speculative losses of large banks in Europe and the U.S. in 2012 put more pressure on banks with the risk of reduced lending.
New York Times Original article ›
LyrArc Article Gist
Anshu Jain, co-CEO of Deutsche Bank, will be replaced by John Cryan, a former UBS executive, who has no connections to investment banking. Deutsche Bank's investment banking operations would have to take on more leverage to be competitive with larger investment banks, according to experts. This would put the bank in serious problems with regulators. Another problem evident at the recent shareholders meeting is that the old management is perceived as part of the problem that led to large legal settlements with authorites. Anshu Jain leaves at the end of June, and the other co-CEO Jurgen Fitschen will leave in 2016. This closes a chapter in Deutsche Bank's history in which its image in Germany has suffered badly because of investigations.
New York Times Original article ›
LyrArc Article Gist
Alexandra Stevenson provides this exceptional account of how the debt deal between Argentina and the hedge funds was negotiated. A decade long deadlock was broken for the first time when Argentina's finance secretary in the newly elected government of Mauricio Macri met Jonathan Pollock and Jay Newman of Elliott Management on Dec. 7, 2015, at the Waldorf Astoria hotel in New York. It is based on 8 intervews with the participants in the negotiations, court filings and emails. Critical to the settlement was the work of Dan Pollack, a trial lawyer with the McCarter & English law firm who acted as the mediator and made some rules including no pen and paper allowed, building trust through open discussion. Back channels helped including one setup through Marcos Mindlin of energy firm Pampa Energia in Argentina, who helped the hedge funds communicate with the Argentine negotiators. Mindlin met the hedge fund representatives at the World Economic Forum in Davos. Argentine president Macri insisted on making the terms he offered public on Feb. 1, 2016 of $6.5 billion because this is a sensitive issue in Argentina. Pollack pushed for a simple business transaction to close the issue and not the complex debt structuring the hedge funds favored. On Feb. 19, Judge Griesa of Federal District Court in Manhattan, who presided over the legal settlement, agreed to lift an injunction that would prevent Argentina from making bond payments and raising new money, and set a deadline of Feb. 29 for the settlement. On Feb. 28 the deal was signed by all the hedge funds. Argentina paid all holdout hedgefunds $9.3 billion, according to the Economy ministry, Elliott getting $2.4 billion....
New York Times Original article ›
LyrArc Article Gist
The rate rigging for foreign exchange rates by major banks leads to a legal settlement in Nov. 2014. The Financial Conduct Authority of Britain fines major banks 1.1 billion pounds. CFTC of the U.S. fined the banks $1.4 billion, the Office of the Comptroller of the Currency imposed a fine of $950 million, and Swiss regulators a fine of $138 million.
Wall Street Journal Original article ›
LyrArc Article Gist
Francesco Guerrera of the WSJ interviews Sergio Ermotti, CEO of Swiss bank UBS, and Andrea Orcel, the head of UBS investment bank. He asks Ermotti why the drastic restructuring at UBS, especially the downscaling of its investment banking operation. Ermotti says its because it was time to stop throwing money away on activity that did not cover the bank's cost of capital and the unhappiness of shareholders with the way UBS was operating. The string of bad news from UBS with legal settlements, trading scandals and huge losses have created a special situation at UBS which required drastic action. UBS was able to take the action also because of its successful wealth management business, which will become the core of its future business. Other banks such as Goldman Sachs and Morgan Stanley with large fixed income, currency and commodity (FICC) businesses, get more of their earnings from this unit and are less likely to follow UBS.

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