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Mark Gongloff

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Wall Street Regulator Was Warned Of Libor Manipulation In 1996

Posted: 09/04/2012 4:49 pm

We just keep learning new ways that everybody on earth, aside from Tim Geithner, knew of the risk of Libor manipulation years and years ago.

The latest example is a piece in American Banker by Richard Robb, CEO of Christofferson, Robb & Co., an investment management firm, in which he says he warned one U.S. regulator of the risk of Libor manipulation way back in November 1996, nearly 16 years ago.

"No one should be surprised that banks would suppress their posted rates in a funding crisis or that they might manipulate the survey for gain," he writes. "It was easy to see this coming."

Back at the time, the Chicago Mercantile Exchange had its own method for estimating Libor, or the London Interbank Offered Rate, a number meant to measure the interest rate at which banks can borrow money from each other. Libor helps set interest rates throughout the global economy, from adjustable-rate mortgages to derivatives contracts.

The CME had a seemingly foolproof method for gauging Libor, Robb writes, but wanted to adopt the British Bankers Association model instead. While the CME took random samples of bank borrowing costs when setting Libor, the BBA model asked the same banks, day after day, for their borrowing costs. That predictability made it all too easy to game the system, Robb writes.

In November of 1996, Robb wrote a letter to the Commodity Futures Trading Commission warning them that a shift to the BBA model of calculating Libor was an invitation to disaster. In fact, he even gave a few specific examples of just how much the rate could be manipulated by a couple of motivated banks. Robb says the CFTC ignored him.

Fast-forward 16 years, and now that same CFTC is gearing up to collect hundreds of millions of dollars in fines from banks for -- no prizes for guessing -- manipulating Libor, just as Robb predicted.

But Robb was not exactly a lone voice crying in the wilderness. A former Morgan Stanley trader wrote recently that Libor manipulation was an accepted fact of life all the way back in 1991, and that anybody who expressed shock about it would be laughed off the trading floor.

A Federal Reserve analyst also wrote a paper in 1998 warning of the risks of Libor manipulation, using anecdotes that dated back to 1996.

And yet, somehow, we are supposed to believe Treasury Secretary Timothy Geithner's claim that he was clueless about Libor manipulation until the financial crisis of 2008. At the time, Geithner was in charge of the New York Fed, the financial regulator that sits right smack dab in the middle of the financial system, watching interest-rate markets all day, every day.

The New York Fed has said that it leaped into action once it discovered evidence of banks monkeying with Libor, including straight-up admissions from Barclays traders that they were lying about their borrowing costs to make the bank look better. But that action mainly consisted of quietly writing a memo to British bankers and letting the matter drop. And then the Fed and Geithner's Treasury Department used that same manipulated Libor to set bailout terms for banks and AIG.

Why, if you didn't know better, you'd almost think Geithner didn't actually care all that much that banks were manipulating Libor. That's actually an easier position to defend than simply claiming total ignorance.

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We just keep learning new ways that everybody on earth, aside from Tim Geithner, knew of the risk of Libor manipulation years and years ago. The latest example is a piece in American Banker by Rich...
We just keep learning new ways that everybody on earth, aside from Tim Geithner, knew of the risk of Libor manipulation years and years ago. The latest example is a piece in American Banker by Rich...
 
 
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HUFFPOST SUPER USER
ladyrosedeky
05:25 PM on 09/05/2012
They were being warned all the way back to '91 which means it started under Daddy Bush or probably even earlier for it to have been noticeable by '91. But of course, everyone was asleep at the wheel pushing for investments to merge with the banking industry. Something our legislatures should have learned from history, regardless of the fact we were now living in the computer era, would be a big mistake.

Living in the age of computers would only amplify the problems that were caused by investments being merged with banks as they were pre-fall of 1929. Obviously, our legislatures didn't learn history very well because they went along with everything like a hungy bass after the fake lure - hook, line and sinker.
12:06 PM on 09/05/2012
'Oh what a tangled web we weave when first we practice to deceive' - Sir Walter Scott "Marmion" (1808).

So the CFTC and Fed allegedly know about how wacky Libor was going back to 1996-1998 and once it discovered evidence on “monkeying around” it “leaped into action”. Presumably the speed of reactions was not in the same realm as the superhuman M Phelps more like a slow mo sequence from and old trekky episode. “weeeeeeeeeeeeee haaaaaaaaaave evidennnnnnnnnnce, buuuuuut noooooooot aaaaaaaaaaas yooooooooou koooooooooow iiiiiiiiiiiiiiiiiit, Jim”

If found complicit in the cover up of Libor manipulation will ALL the necessary parties be fined and prosecuted?. Should the bankers be the only ones taking the rap for this one?
HUFFPOST SUPER USER
town281guy
sick of pc
11:50 AM on 09/05/2012
Then as now, Federal Chairman Timothy Geither only hears what he wants to hear.
11:50 AM on 09/05/2012
Big deal. The government was warned about Bernie Madoff too. More government regulation does not mean a better banking system, or any system for that matter. Government is just as incompetent and corrupt as businesses can be. Both are made up of people. People are the problem. Whenever and wherever you have people you are going to have the greed, envy, coveting, sex, and lies that are just a part of human nature. The idea that more government regulation is going to solve these problems is laughable. It also shows the lack of education of the people that believe it does.
HUFFPOST SUPER USER
town281guy
sick of pc
11:48 AM on 09/05/2012
Then, as today, Federal Reserve Chairman Timothy Geither will only hears what he wants to hear.
hifie
Middle of the road American advocate
11:16 AM on 09/05/2012
This is just another example of why we need financial regulation to prevent a repeat of the financial meltdown. There was none and the only people that benefited were the larger institutions that gobbled up the failures.
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HUFFPOST SUPER USER
Sean Tallant
Keeping Liberal Sheep in check
11:13 AM on 09/05/2012
And who was President then? Clinton.
HUFFPOST SUPER USER
ladyrosedeky
05:33 PM on 09/05/2012
Speaking as an Indepandent, I always love how you only pay attention to the parts of the articles that re-enforce your ideology and not the whole truth. Those in the industry tried to warn Geitner all the way back to '91, which means it was happening before '91 for it to start being evident by then.

It takes time for this activity to become noticeable, whereas, it takes a few cycles for a pattern to emerge for those in the industry who are smart enough and watchful enough to catch it. Which means this started occuring under GHWB. It could have been happening as far back as the late part of the Reagan administration. The article only mentions that it was brought to Geitner's attention who was chairman of the federal reserve in 91.

We don't know if it was brought to the former chair's attention or not. However, it was occuring prior to Clinton taking office and continued through Clinton's two terms and GWB's two terms. There is plenty of blame for both parties to shoulder.

In otherwords, this is a bi-partisan issue. Not a Demorcrat issue.
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Sean Tallant
Keeping Liberal Sheep in check
07:58 PM on 09/05/2012
I agree.
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wizeanne
wizeanne
10:48 AM on 09/05/2012
NO surprise! The "Banking Corporate Corporatocracy" is running/ruining our government. The billions donated by the "Corporatocracy" to put "their" chosen/selected politicians, both Repub and Demos, in office so as to control and write legislation, at both the state and national level, to keep deregulation legislation of their "ponzi scheme...derivatives...interest rate LIBOR schemes, from being passed or from their ever being prosecuted for their continuing fraudulent business practices...has become the norm. The lies and hypocrisy is sickening! Yet the American people continue to think it's not their elected official who is corrupted....and think its the others....so the same bunch of Corrupted Congress members keep being re-elected. Look at the billions of dollars spent by the Corporatocracy's funneled through their PACS/SUPERPACS/FOUNDATIONS/INC.'s/ Charities, etc. on elections, They aren't loyal to either party, it's who will continue to allow them to continue to lie, cheat and steal.
10:06 AM on 09/05/2012
Yesterday, the money honey, Maria Bartiromo, was rigorously defending Wall Street's catastrophic financial shams and games, blaming the whole thing on regulators who were not watching!!!
HUFFPOST SUPER USER
Babygeorge123
09:59 AM on 09/05/2012
All the Republican Elected Officials Should return Their salary, they did not do anything - but Block the President!s agenda , and Now claim nothing was done,
10:09 AM on 09/05/2012
Here we go again, it was just those nasty Republicans! This really gets old!
HUFFPOST SUPER USER
Babygeorge123
11:47 AM on 09/05/2012
Everything Old is New again,, It did not Change, Repulicans should consider People, first,
even the Your" old Reagan Line"
11:33 AM on 09/05/2012
I don't see Obama trying to throw these guys in jail.
HUFFPOST SUPER USER
Babygeorge123
02:31 PM on 09/05/2012
Twixt 1996 and 2009 big difference, ,
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Babygeorge123
02:43 PM on 09/05/2012
are You really looking,? You only see what you want , many Fund managers are already in Jail. more to come!!!
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09:35 AM on 09/05/2012
Those 545 in congress are the ones to blame. They are in fact the watchdogs and the only thing they watch is their bank accounts. If they been in office more than 4 years kick them out. Especially those that have been there 5,6 etc terms. All they say is reelect me and I will fix this mess. Hell they got us there. (sorry folks both parties).
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redwolf813
09:44 AM on 09/05/2012
OR run Congress like they do the Texas legislature, as a part time job for a couple of months a year then send them home to mom and the kids to run the family business. Yeah I know, fat chance of that happening
hopewlguy
nothing succeeds like excess
10:23 AM on 09/05/2012
well, the republicans are the dogs of manipulation and blockage; the democrats just watch in astonishment.
09:17 AM on 09/05/2012
In all reality, everything had to slow down. Starting in the 1980's the numbers were getting way too high and we were using up our Natural resources way too fast. The evidence came to light by 1993 and something had to be done to slow the economic machine to preserve these resources for future generations. The main problem is overpopulation of the entire planet. In the future, we need to maintain a much slower pace on our economy and population numbers or else the next recession will be a eternal depression caused by natural resource degradation
11:08 AM on 09/05/2012
The human race will not be on this planet long enough to see the depletion of all of our natural resources. On top of that, there is no overpopulation of the planet. There may be however overpopulation in certain countries. In the United States and Canada there are about 380 million people for almost an entire continent. There is nobody between the west coast and the east coast and nobody up past the tundra. Should we go at a slower pace? Perhaps, but unless you are going to change our entire culture to be 'lazy' that won't ever happen. Especially when we are in constant competition for other people on the planet for everything.
04:58 PM on 09/05/2012
And that is one of the sad parts, the fact we are in competition for every thing this planet has or once had. Many of the most pristine natural areas on earth with the cleanest water and air used to be in the state of Florida and i saw their total destruction by greedy developers who could have made their money elsewhere in less pristine areas. Now Floridas environment lies in ruin with much devastating result including rampant respiratory ailments and Kidney disease much of what was casued by rampant, uncontrolled escavations and devlopment. Escavations have also released many dormant Tropical diseases in some areas and those areas were previously off limits to developers in the past because it was known that these diseases would be unleashed. But money over ruled common sense. Now we have a Mess. The point is this- the economy Must slow for us to continue as a healthy People since we have Stupidly based our economy on growth and hyper competition with Earths destruction, and our own destruction as the end result
hainescityguys
My micro bio..? Just tryin' to get by
09:17 AM on 09/05/2012
So, it desesn't no matter if our leaders are Clipocrats, or Refraudicans, it's the banks that own both parties....What a pathetic state of affairs...!
hopewlguy
nothing succeeds like excess
10:23 AM on 09/05/2012
yeah, let's move to Hawaii where it's good weather and lots of Maui Wowie.....then we won't care.
hainescityguys
My micro bio..? Just tryin' to get by
12:04 PM on 09/05/2012
Who can afford to move to Hawaii...?? I'm so broke, that I can't afford to pay attention.... My many thanks go to Merrill Stench...
iam99
To know what you prefer...
12:43 PM on 09/05/2012
Too close to Fukushima
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bigevans
nothing big about me; long story
09:03 AM on 09/05/2012
I certainly do not understand Libor, so perhaps my comment shouldn't apply, but............. Our jails and prisons are filled with offenders whose crimes did not directly injure anyone physically. Yet by comparison the individual effect of their crime on the nation's economy is so miniscule it can't be measured (I'm not justifing the act). But the major players in this scheme go unpunished! There's not even a scapegoat "taking one for the team"! All I can see is a bunch of angry sows pushing and shoving their way to the trough, only to be pushed aside by yet another which is stronger. We deserve better, and they (the economic decision makers) should be severely punished. Let's start with Geithner and see where it goes from there. Even a three year old child quickly figures out, no need to stop being "bad", if there are no consequences.
HUFFPOST SUPER USER
alavol
08:52 AM on 09/05/2012
The real reason this country is in such sad shape is because Jimmy Carter and Bill Clinton caused the Subprime Mortgage Recession. The "affirmative action" banking laws Carter instigated is the main reason. Bill Clinton only made things worse by adding more muscle to affirmative action banking enforcement. To hear today's Democrats, you'd think all this started with the Bush administration. But the crisis began much earlier. The Carter-era Community Reinvestment Act forced banks to lend to uncreditworthy borrowers, mostly in minority areas. Banking prudence got thrown out the window. In their place came harsh new regulations requiring banks to lend to uncreditworthy borrowers, but to do so on the basis of race. Clinton pushed extensive changes to the rules requiring lenders to make questionable loans. Lenders who refused would find themselves castigated publicly as racists. Failure to comply meant your bank might not be allowed to expand lending, add new branches or merge with other companies. Banks were given a "CRA rating" that graded how diverse their lending was. In the name of diversity, banks began making loans that they previously would not have. They opened branches in poor areas to lift their CRA ratings. Meanwhile, Congress gave Fannie and Freddie the go-ahead to finance it all by buying loans from banks, then repackaging them for resale on the open market. With those changes, the subprime market took off. From a mere $35 billion in loans in 1994, it soared to $1 trillion by 2008.
11:13 AM on 09/05/2012
Good post. Let's see if any Democrats are intelligent enough to understand it. I'm sure not. After all, it's all about the 'illegal' wars that got us here. That's funny huh? 'Illegal war'.
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HUFFPOST SUPER USER
Dana Bradley
11:41 AM on 09/05/2012
This is correct. If you check further, Obama had a hand in this also with his Class Action Suit against City-Bank for Civil Rights, which he won. To date, only 16 of these homeowners still have their homes.