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Mark Gongloff

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The One Possible Bank Defense In The Libor Scandal, And Why It's Bogus

Posted: 07/09/2012 10:18 am

Here's a free PR campaign idea for the banking sector: Big banks helped the economy, maybe saved your job, with some of their blatant Libor-market cheating.

But like most bank PR campaigns, it's not even a decent half-truth: The full truth is, we risk ever-bigger economic blowups in the future, and utterly wrecking our trust in financial markets, if we let this sort of behavior continue.

In the days since the Libor scandal broke big, one question keeps getting asked: Why aren't people more outraged? As Matt Taibbi put it, why aren't people freaking out about the fact that Libor, an interest rate that affects borrowing costs for homeowners and businesses the world over, was as fake as Bruce Jenner's face?

One obvious answer to that question is that it involves math, and math is hard for us!

Another answer, the one that has made many on Wall Street fairly blase about the whole thing, is that this looks at first glance like a victimless crime. Banks are mostly accused of setting Libor too low, to make themselves look more healthy and less like they were about to be choked off from the financial markets.

If this is true, if banks systematically cheated to make Libor look lower than it really was, then borrowers throughout the economy benefited. Your adjustable-rate mortgage, business loan or corporate bond was a little cheaper because of those cheating banks.

Which is why you could imagine central banks mostly looking the other way when the Financial Times, the Wall Street Journal and others raised alarms years ago about the possibility that Libor was a rigged game. In fact, Barclays kinda-sorta argues that the Bank of England kinda-sorta told it to manipulate Libor lower.

After all, the Federal Reserve, Bank of England and other central banks around the world are also manipulating interest rates. All the time. Except when they do it, it's called "monetary policy." When Barclays does it, it's cheating.

If they wanted to fight back, the banks could very well react to this scandal like Jack Nicholson's Colonel Jessup in "A Few Good Men." To paraphrase Aaron Sorkin:

"You want the truth about Libor? You can't handle the truth. We live in a world economy that has walls, and those walls have to be guarded by banks with interest rates. You weep for Libor, and you curse the banks. You have that luxury. You have the luxury of not knowing what the banks know. That Libor manipulation, while tragic, probably saved jobs. And the banks' existence, while grotesque and incomprehensible to you, saves jobs."

That could be the banks' defense -- except it would be full of crap.

For one thing, Barclays -- and almost certainly other banks -- were manipulating Libor rates well before the crisis struck. In some cases, nobody knows how many, they manipulated Libor higher, potentially costing borrowers money.

That may not have been a vast sum of money: The Economist suggests Libor rates were not all that out of kilter with other borrowing costs before the crisis. So if banks were cheating with Libor, they weren't cheating in a very noticeable way.

Of course, any teenager sneaking sips out of his parents' liquor cabinet can tell you that you don't just guzzle down whole bottles. The folks will notice if you do that. You do it a little bit at a time, so that nobody notices.

The banks may still be cheating Libor lower, helping the economy, but we can't trust that will always be the case. As soon as the economy recovers a little bit, and demand for loans rises, the banks will have incentive to raise borrowing costs.

And banks will always have an incentive to cheat Libor higher or lower, depending on their position in derivatives markets. Libor affects some $350 trillion in notional credit derivatives. That's $350 trillion reasons to cheat.

More critically, the main lesson from this scandal is that these big banks cannot ever be trusted to police themselves.

The whole system for Libor relies on this misguided trust: We leave the setting of this critical interest rate up to the world's biggest banks and their self-diagnosis of their own financial health.

It should have long ago been plainly obvious that this was not going to work. Maybe in some parallel universe, where banks are run by Care Bears tripping on LSD, you're going to get banks reporting these rates honestly every time. But in our imperfect world, banks have an almost daily interest to set Libor incorrectly, either too high or too low.

We obviously need to fix Libor, possibly by coming up with some sort of market-based borrowing rate, even if that makes borrowing costs go higher in the short term.

But we also need to give up our naive trust that banks will do the right thing: A trust that affects not only the Libor market, but also the Federal Reserve's primary dealer system, notes David Kotok of Cumberland Advisors. That lays the groundwork for many, many more scandals.

Since creating the financial crisis, the banks have pushed back against tighter regulations and limits on their size and scope, warning of grave threats to the economy if we regulate them too much. See Dimon, Jamie and Baby, Bathwater.

The Libor scandal is a reminder that there's no bigger threat to the economy than a too-big-to-fail bank doing whatever it wants to do.

 
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Here's a free PR campaign idea for the banking sector: Big banks helped the economy, maybe saved your job, with some of their blatant Libor-market cheating. But like most bank PR campaigns, it's not ...
Here's a free PR campaign idea for the banking sector: Big banks helped the economy, maybe saved your job, with some of their blatant Libor-market cheating. But like most bank PR campaigns, it's not ...
 
 
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HUFFPOST SUPER USER
1969 Tony Smith
Recession is when a neighbor loses his job. Depres
10:38 PM on 07/15/2012
what another bank, loan, rate scandle? This cant be. can it ?
the one that has made many on Wall Street fairly blase about the whole thing, is that this looks at first glance like a victimless crime. Banks are mostly accused of setting Libor too low, to make themselves look more healthy and less like they were about to be choked off from the financial markets.
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HUFFPOST SUPER USER
v98max
Businesses create jobs like DJs create records.
08:26 PM on 07/10/2012
In a world where car salespeople have the MSRP, the "dealer invoice" price and the Kelley Blue Book, this is nothing surprising. Benchmark prices are fixed for the dealers who follow them to make money, duh. But the bank-sters are like a casino cheating at Roulette. The house odds are transparently written into the rules of the game already; cheating on top of that is proof of greed that goes far beyond unseemly.
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Computer Geek
Logician Atheist Lefty
01:15 PM on 07/10/2012
And these are the types of people that Republicans (and too many Democrats) say we should outsource public services to (these are examples of what goes on in private companies where no one is accountable to the public)? Do you really want these type of people running your red light cameras? How about your water department? Sewage department? any department?
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Ppossom
His life is full
10:21 AM on 07/10/2012
Since the money is fiat money and a government creation, interest rates are a public commons, and the right to inspect them for fraud is a matter of national sovereignty.
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09:29 AM on 07/10/2012
"One obvious answer is that it involves math, and math is hard for us!"

Oh baby, I love it when you talk stupid to me ...
HUFFPOST SUPER USER
wdancer
If all the trees were one tree what a great tree t
09:05 AM on 07/10/2012
WHO WILL BE HELD ACCOUNTABLE? NO ONE I GUESS.
HUFFPOST SUPER USER
1969 Tony Smith
Recession is when a neighbor loses his job. Depres
10:39 PM on 07/15/2012
we know who is going to pay for it, taxpayers.
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HUFFPOST SUPER USER
Panda Bear
08:11 AM on 07/10/2012
Or maybe the reason there is not an uproar is, there is so much greed and cooruption going on that people feel powerless to do anything. The banks are stealing, politicians are lying to our faces, greed and corruption are rampant...
HUFFPOST SUPER USER
vai488099
Slayer of "DRONES"
08:26 AM on 07/23/2012
Greed and corruption,,,,,,,,,Yeah BABY,,,,,, It,s the American way don,t ya know !!!!!!!!!!!
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Captain Hindsight
Seeking the truth is my only agenda.
08:01 AM on 07/10/2012
Shouldn't US banks that participated be subject to prosecution under the RICO statutes.
It's time to show that Corporations really are people by executing a few of them.
07:54 AM on 07/10/2012
From another article, "One of the revelations after the JPMorgan Chase (JPM) London Whale blow-up was just how big and important trading activities, which Jamie Dimon calls hedging, had become at the bank. Roughly, one-third of all the money JPMorgan has taken in from depositors, or around $350 billion, is invested, rather than lent out. The fact that the bank diverted so much of its resources to trading, and away from lending, Reuters' Felix Salmon and others pointed out, was the real problem for the economy, and not the fact that a large well-capitalized bank had messed up a trade." http://finance.fortune.cnn.com/2012/07/09/libor-scandal-more-evidence-for-volcker-rule/?iid=HP_River

And the GOP blames Obama for a bad economy? It's these pieces of crap. These short term thinking morally bankrupt things that run our lives need to be prosecuted, Come on give me a fix, I need more dollar bills so my pile will be bigger than yours. Screw everyone else. We give them MORE and MORE and beg them to lend it out to jumpstart the economy and they sneer and continue to chase what in the end will be nothing. We have a sick world and are it.
HUFFPOST SUPER USER
1969 Tony Smith
Recession is when a neighbor loses his job. Depres
10:42 PM on 07/15/2012
chase lost 5.8 billion, was this bailout money? if not where did the money come from? and no ones in prison, chase business as usual, 5.8 billion reported loss, and the company runs like nothing happened. too big to fail i guess, god bless us all.
07:47 AM on 07/10/2012
Jamie Dimon is not going to like you.
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georgemorris61
Life is a journey,not a trip
07:05 AM on 07/10/2012
What's the difference between a "Too big to fail bank and a 800 pound gorilla" a few "ÂŁ's".
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RagMag
still living a Ragtime Life
06:34 AM on 07/10/2012
Each generation of yuppies gets worse. How can we ever have effective regulation when we accept such obliviousness to ethical reality. The me generation had a baby and they called that baby insider trading.
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06:30 AM on 07/10/2012
These CEOs don't have a problem taking risks, and breaking the law because if anything goes wrong, their wealth and personal freedom is not in jeopardy. They are protected by that invisible entity known as a corporation.

In the worst case scenario, their compensation will be somewhat smaller and they might have to step down. But the actions of these psychopaths have caused poverty, global famines, suicides, and homelessness.

CEOs should put their own wealth and freedom on the line when they choose to take risks. Unless their faced with being homeless, behind bars in jail, or signing up for food stamps, these CEOs will take whatever risks they can and will not care how it impacts society.
05:37 AM on 07/10/2012
This is both nauseating and depressing. I don't see any fix in the foreseeable future given governments' reluctance to do anything at all to regulate. All of these scandals are completely indefensible yet no one will do anything about it. Govts are wholly owned by the banks and there is nothing anybody can do about it.
08:19 AM on 07/10/2012
They could be broken up into units of a manageable size. But we can't take this very effective step to remedy our problem because so many of us are so enthralled by fantasies of freedom and the free market. Some days I believe that if our 21st Century free-market fetishists had been around in 13th Century Europe, they wouldn't have opposed the Mongol Horde because to have done so would have restricted the Mongolian's freedom. Modern Big Finance is doing a similar job on us today.
08:39 AM on 07/10/2012
I remember the days before interstate banking. I worked for BofA in the late 80s. The propaganda we were fed back then, as First Interstate threatened to take over, was that banks had to be allowed to consolidate across state lines and national boundaries was to compete against foreign ones. Globalization was so much the rage back then. Banks went crying to the federal government claiming that the Japanese were taking over the world. The BS just keeps getting deeper.
08:34 AM on 07/10/2012
Yes, but who would break them up? Congress? They can't even get them to keep depositors funds separate from the banks' own. I'm starting to see why the guillotine never sat idle. I am generally cynical, but could not have imagined this level of depravity.
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how goes the matrix
War is peace, Freedom is slavery, Ignorance is str
05:04 AM on 07/10/2012
The nature of this problem and myriad others that plague humanity is pretty well laid out here ..

Strange thing is all these troubles seem to have common roots ..

Official Movie) THRIVE: What On Earth Will It Take?

http://www.youtube.com/watch?v=lEV5AFFcZ-s