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A bigger stick

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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.

The lack of individual accountability for bank management in Britain 2009-2015

06/13/2015

Grouped Articles

A bigger stick

Economist 06/13/2015

The Credit Suisse $2.6 billion settlement for wrongdoing with no individuals held responsible and the bank protected from action by other regulatory agencies

05/19/2014

This WSJ editorial says justice and accountability are not being well served in this case and that it is proper to hold individuals responsible. The SEC agrees not to bar Credit Suisse from acting as investment advisor and Credit Suisse is protected from action by other regulatory agencies. Brad Dugan continues to be described in the media as the "Teflon-CEO" who does not have to take personal responsibility for the Swiss bank's behaviour.

Grouped Articles

Holder Convicts Switzerland

Wall Street Journal 05/21/2014

Credit Suisse Pleads Guilty in Felony Case

New York Times 05/19/2014

Credit Suisse CEO Brady Dougan Nearly Lost Job During Tax Probe

Wall Street Journal 05/21/2014

The End of the Swiss Bank Account As We Know It

BusinessWeek 05/22/2014

In Credit Suisse Settlement A Question of Justice

New York Times 05/21/2014

BNP Shows Banks Whistle Past Prosecutorial Graveyard

Wall Street Journal 07/02/2014


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