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Richard Zombeck

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Below the Fold: Putting the "Lie" in Libor to Steal Trillions

Posted: 07/12/2012 12:15 pm

A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.

Update: The Way in which the LIBOR benchmarks are calculated was simplified in this post, as pointed out by "BritishBankers" in the comments.

As stated on the BBA website:

Thomson Reuters is the designated calculation agent for BBA LIBOR. Data submitted by panel banks into the bbalibor process is received and processed by Thomson Reuters and the data is calculated using guidelines provided by the FX&MM Committee.
****

It's been a bit surprising to witness the conspicuous lack of pitchforks and torches, what with all the hubbub about the Libor having been rigged. It's not as if it's headline news though. The media, if they mention it all, has given it a requisite plug between Tom and Katie's break up and the weather. If it makes it past the cutting room floor, it's being downplayed as inconsequential and unimportant. They're describing it as an inter-bank interest rate, rolling their eyes and sloughing it off as something that only affects those financial geniuses on Wall Street. True, the definition does lend itself to that assumption. From Wikipedia: The London Interbank Offered Rate is the average interest rate estimated by leading banks in London that they would be charged if borrowing from other banks. Move along, nothing to see here.

So here's what you need to know if you don't read past the next few paragraphs: As Matt Taibbi puts it in an interview on Eliot Spitzer's Viewpoint, "Libor is the Sun at the center of the financial universe ... this is like finding out the world is built on quicksand." Libor, Spitzer clarifies, affects every interest rate in the world.

More importantly, Libor is the standard interest rate used to determine consumer interest rates on credit cards, adjustable rate mortgages, interest-only mortgages, and a majority of small business loans. Lenders earn money by offering consumers loans based on the Libor rate. For example: "LIBOR +1" or the "LIBOR rate + one percent." Meaning that as Libor moves up or down, it can change the amount you pay every month to service your debt. If you have a small business, own a home, finance a car, have a credit card, Libor is in your life.

Every morning the British Bankers Association would call around to the 16 big banks and get a number -- what their interest rate was for the day. The four highest and four lowest numbers got thrown out, the remaining eight are, for all intents and purposes, averaged out and voila: the Libor rate for the day is determined. The problem, in Taibbi's assessment, is that the banks were lying about their numbers, essentially faking their own credit scores and as a result screwing us out of trillions of dollars one percentage point at a time. Incidentally, Libor was also used to establish the base price for credit-default swaps, the financial instrument of mass destruction at the heart of the 2008 financial crisis.

That being said, the deafening silence and apathy is astounding. "If some guy had held up a bank and taken a percentage point from every customer in the bank, there'd be a nationwide manhunt," former Ohio AG Marc Dann said in a recent conversation, "This was not a hard crime to miss unless you believe the actors aren't cheaters." Dann currently has his own practice and has focused his efforts on defending homeowners in foreclosure.

Barclays Bank of England is at the center of the scandal and it hasn't been made too apparent by the press that nearly every major bank, such as Bank of America, Citigroup, UBS and JPMorgan Chase, were allegedly involved in fixing the rate as well.

State side there's the usual crew chiming in. Gretchen Morgenson, in her NYT piece, "The British, at Least, Are Getting Tough," looks at how the Brits are handling the scandal compared to our Congress and regulators. While the British government is taking this whole fiasco seriously and actually conducting investigations, our folks are, for the most part, submitting to the banks' pushback of more regulation and greater transparency.

With each new financial imbroglio, the gulf widens between Main Street's opinion of Wall Street and the industry's view of itself. When Mr. del Missier, the former Barclays chief operating officer, took over as chairman of the Securities Industry and Financial Markets Association last November, he said: "We will continue to work on maintaining and burnishing the level of confidence investors have in our markets, in our own financial institutions, and in the general economic outlook for the future.

Given the Libor scandal, let's just say good luck with that.


In "Why is Nobody Freaking Out About the LIBOR Banking Scandal?" Taibbi shows his usual outrage at the lack of coverage on the part of the American press. Pointing out that the top stories in the midst of a story so big and relevant it's impossible to miss were instead, the healthcare ruling, which makes sense, the heat, Tom and Katie, how Katie can wear heels again now that she's not married to a short person, Joe Sandusky, and how fat Chris Christie is and why the hell he hasn't done the bypass surgery yet.

But to me what's missing from all of this is the "Holy F*#&ing Sh#t!" factor. This story is so outrageous that it shocks even the most cynical Wall Street observers. I have a friend who works on Wall Street who for years has been trolling through the stream of financial corruption stories with bemusement, darkly enjoying the spectacle as though the whole post-crisis news arc has been like one long, beautifully-acted, intensely believable sequel to Goodfellas. But even he is just stunned to the point of near-speechlessness by the LIBOR thing.

I'm still amazed that Taibbi didn't make Joshua Brown's "The 25 Most Dangerous People in Financial Media" list. I'm hoping it was an oversight.

In England and most of Europe, the press is having a field day and people are understandably outraged. Get this: Even government officials are freaking out. Yves Smith wrote:

Yves: The Guardian quotes Mervyn King, Governor of the Bank of England:

"It is time to do something about the banking system...Many people in the banking industry are hardworking and feel badly let down by some of their colleagues and leaders. It goes to the culture and the structure of banks: the excessive compensation, the shoddy treatment of customers, the deceitful manipulation of a key interest rate, and today, news of yet another mis-selling scandal."

Yves: Could you imagine Ben Bernanke saying that? And consider this remark from a Guardian article by Will Hutton:

"Investment banking is an organized scam masquerading as a business. It is defined by endemic conflicts of interest, systemic amoral behavior and extreme avarice. Many of its senior figures should be serving prison sentences or disgraced - and would have been if British regulators had been weaned off the doctrine of "light touch" regulation earlier and if the Serious Fraud Office's budget had not been emasculated by Mr Osborne. It is a tax on wealth generation and an enemy of honest endeavor - the beast that is devouring British capitalism."

Try getting comments like that from our media or elected officials. Congress and the media seem to be okay with letting this one just slide by, while England's MPs are going hard and fast at the Bank Deputy Governor for his role in the rigging. From the Harwich and Manningtree Standard:

... the fierce debate over banking ethics will rage on as Labour leader Ed Miliband delivers a speech on his vision for the sector. He will point to the Libor rate-fixing scandal as vindication of his much-criticised attack last year on "predatory" capitalism and promise wide-ranging action.

It's as if millions of Americans getting ripped off to the tune of trillions of dollars is really no big deal, much less a surprise to anyone and that's what makes this particular incident disgusting. The whistle blower law firm of Labaton and Sucharow conducted a survey of 500 senior executives in the United States and the UK about unethical and illegal conduct in the financial market.

According to the survey, 24 percent of respondents reported a belief that financial services professionals may need to engage in unethical or illegal conduct in order to be successful, while 26 percent of respondents indicated that they had observed or had firsthand knowledge of wrongdoing in the workplace. Particularly troubling, 16 percent of respondents reported that they would commit a crime--insider trading--if they could get away with it.

Earlier this week the GOP tried again for the 31st time to repeal the healthcare bill that will give millions of Americans access to affordable healthcare and place us among the rest of the civilized countries that actually take care of their citizens instead of forcing them to bend over, grab their ankles, and get ready for another financial institution or corporation to stick it to them.

Here's an idea: How about holding the financial masters of the universe accountable for this little Libor thing and using that to pay for healthcare and pay down the deficit everyone seems so worried about?

 

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09:00 PM on 07/14/2012
Wait, Wait,. don't tell me,.. I should understand that "PERSONAL RESPONSIBILITY" ends
at the corporations' door,.. aah,.. because it's "not personal",.. "just business". Silly me,..
for thinking that community responsibility might start with our greatest power in supporting
community banks and the rest of our community institutions instead of sending ALL our
money out of town and then moaning about the tax base erosion.
12:32 PM on 07/14/2012
Excellent idea! And it's so obvious. They have all the money and we have none,' cuz they stole it. It's such a no-brainer.
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thejazz
I'll burn that bridge when I come to it.
10:01 AM on 07/13/2012
I agree that the LIBOR scandal is outragious and hits everyone in the pocketbook and shakes the trust in banks. But a majority of Americans respect profit more than they respect hard work and honesty to get profit. Many would wish to be on the easy money side of the deal, the top of the pyramid scheme, rather than be outraged by the total fraudulant nature of this.
08:53 AM on 07/13/2012
Richard
LIBOR scandal is just more cover up for the deeper issue:

There was no legal initial mortgage debt contract to begin with as there was:
· No Consideration...i.e. no money....no loan: …..can only be considered a purported loan/ Has Fictitious or Illusionary Consideration; (see Montgomery vs. Daly)
· An interest bearing Mortgage Contact can not possible be fulfilled by everyone because of usury ( Where does the interest come from if there was only one mortgage contract in the world.) therefore it is Civilly Void and Unenforceable;
· False statements are signed by the borrower. i.e A False Document
· Part of a Bait and Switch; The bankers and lawyers string you along into signing these false documents thinking you have a loan and are the borrower when in fact you are the creditor and have GIVEN them or they HAVE STOLEN your credit.

I have researched and picked apart various causes for the economic crisis we are in: the high rate of unemployment, increasing foreclosures, poverty, war, bankruptcies, resources being abused, and plutocracy. I have concluded that our current debt-based monetary system is based on dishonesty and fraud with very little transparency... therefore the need for honest public banking!

Here is where the LARGER FRAUD started. I call it the DECEPTION AT CONCEPTION!

Read it here;
http://www.opednews.com/articles/The-REAL-secret-of-the-fra-by-David-Snieckus-120710-406.html#comment384045
04:23 AM on 07/13/2012
British Bankers' Association here. We need to make an important factual correction right away: the BBA does not set LIBOR. The LIBOR benchmarks are calculated daily from submissions made to Thomson Reuters: it publishes the benchmarks daily, along with all of the submissions from individual banks which are used to calculate it.
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Richard Zombeck
HuffPost Blogger
09:37 AM on 07/13/2012
thank you for the input. I did admittedly over simplify the method. I'll see about updating the post to reflect that.
06:19 PM on 07/14/2012
Some barriers to generating outrage: a media owned by wall st can be expected to willfully ignore this, and for congress to get on this would mean they would have to expose the fact that they could have done something a long time ago, like regulate the spit out of banking. So many members of congress have abdicated any responsibility for governing, in fact sent there to do just that!

As far as regular people getting up in arms, those that do are derided as malcontents that need to just "get a job". Occupy wall st has been ineffective at generating the amount of interest and support needed to make policy change, but this kind of rigged economy has been on thier agenda from day one.
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06:54 PM on 07/12/2012
Sad but true.
Look how american families sat back and watched as the banks raised their interest rates on credit cards during the worst financial crisis in history.

The power elite want obedient peaceful workers. The last group to stand up and challenge the system was vilified, pepper sprayed and arrested.
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mataylor16
You all want it one way. But, its the other way. -
04:20 PM on 07/12/2012
I used to work as a financial analyist for a real estate developer about 10 years ago. I can tell you there wasnt one single rent that was paid by any tennant that wasnt in some way dependent upon what the LIBOR rate was at the time we arranged financing for the complex they lived in. This is true at the businesses they patronize, and thier own credit cards. Yet somehow, the only "taxes" they can get excited about are the ones that actually go to fund government services, that they (mostly) demand.
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BBackSoon
Hello, I must be going.
03:51 PM on 07/12/2012
Yea as long as the Uber Rich Banker and Financial Rogues have better lawyers than every government in the world, nothing will happen, the big dogs will never be charged with anything, no one but the very rare token mid level worker will go to jail and noting will change the way they do business.

Call me pessimistic if you like but until there is a world wide uprising in lines of the French Revolution nothing will change.
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10:39 AM on 07/13/2012
F&F

Note the similarities to today...

http://www.sparknotes.com/history/european/frenchrev/summary.html
SparkNotes­: The French Revolution (1789-1799­): Summary of Events

"No one factor was directly responsibl­e for the French Revolution­. Years of feudal oppression and fiscal mismanagem­ent contribute­d to a French society that was ripe for revolt. Noting a downward economic spiral in the late 1700s, King Louis XVI brought in a number of financial advisors to review the weakened French treasury. Each advisor reached the same conclusion­—that France needed a radical change in the way it taxed the public—and each advisor was, in turn, kicked out.

Finally, the king realized that this taxation problem really did need to be addressed, so he appointed a new controller general of finance, Charles de Calonne, in 1783. Calonne suggested that, among other things, France begin taxing the previously exempt nobility. The nobility refused, even after Calonne pleaded with them during the Assembly of Notables in 1787. Financial ruin thus seemed imminent.

The Estates-Ge­neral

In a final act of desperatio­n, Louis XVI decided in 1789 to convene the Estates-Ge­neral, an ancient assembly consisting of three different estates that each represente­d a portion of the French population­. If the Estates-Ge­neral could agree on a tax solution, it would be implemente­d. However, since two of the three estates—th­e clergy and the nobility—w­ere
tax-exempt­, the attainment of any such solution was unlikely..­."
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BBackSoon
Hello, I must be going.
11:43 AM on 07/13/2012
It has always amazed me that the Right is the party of unlimited gun ownership, and the party of the Uber Class. It seems to me that if or when there is an uprising the Rich will be a target. They must believe there are enough Private Security forces in place to keep them safe.
08:44 PM on 07/14/2012
Right you are,.. where's 'ole Max Robespierre when we need him? These
predators need "Max-ed" out!
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HUFFPOST SUPER USER
Rita R
Always asking why
03:02 PM on 07/12/2012
Lawyers are wiping their collective brows and exhaling that they are no longer viewed as the bottom-feeder profession, being supplanted by bankers. At this point in time, financial industry spin doctors and lobbyists must be showering and changing suits at work for the long hours they are booking. But thanks to bulldog journalists like you, Richard, and Taibbi keep this in front of our eyes while the mainstream media does their typical red herring and entertainment distractions. THANK YOU! Please keep up the great work you do!
02:11 PM on 07/12/2012
Having lost everything already, I feel a sense of hopelessness. I can vote for the "good guys," call their offices each day to state my wishes and opinions, and still nothing will change. At least I am no longer part of this system.
02:31 PM on 07/12/2012
Sorry, Jane....except for Bernie Sanders, there are no good guys.
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10:42 AM on 07/13/2012
There are a few others:

o Senator Sherrod Brown
o Senator Al Franken
o Representative Marcy Kaptur

And a few others
Bufford P Tusser
Impeach this!
02:03 PM on 07/12/2012
Greed is a disease with too many of these folks.

How much is enough?

just kidding, trick question.
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EdCorner
Now what - more of the same...
01:49 PM on 07/12/2012
Fulfilment of contracts is only for the peeons of this world -according to this administration.
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Alessandro Machi
Debt Neutrality Petition
01:40 PM on 07/12/2012
You opening line "It's been a bit surprising to witness the conspicuous lack of pitchforks and torches, what with all the hubbub about the Libor having been rigged."

People tend to not protest when they still have something more to lose. It's only when they have lost most to all of what they have, that the pitchforks come out. This how the ultra rich are able to dominate.
Bufford P Tusser
Impeach this!
02:04 PM on 07/12/2012
fanned
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johnnymainstreet
05:05 PM on 07/12/2012
Right on the money. Gerald Celente has an expression " when people have nothing left to lose - the lose it. And that gets right to the core of what your saying. Right now, people that still have something like a job and a home are not going to get the pitch forks out, wait until more of them start losing those things. I don't want to see it happen, but, the only way things are going to change is when the entire system collapses and everyone grabs a pitchfork and head down to Wall Street, the bank or the Federal Reserve.
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Mark B Robertson
12:41 PM on 07/12/2012
Oops, missed the key word in the last comment. The key word missed was the word STOLEN!
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Mark B Robertson
12:39 PM on 07/12/2012
Be interested to know how much money the LIBOR fiddling banks have actually from every American? A rough ballpark figure would do. HOW MUCH?
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HUFFPOST SUPER USER
Alessandro Machi
Debt Neutrality Petition
01:45 PM on 07/12/2012
Interest rate charges are old school. Anyone who is paying down their overall debt levels every month should have their interest rates slashes to almost zero. This one act would almost instantly fix the world economy and fairly rebalance wealth, and it would be done without "debt forgiveness".

The powers that be have manipulated news into to stark and disparate corners, it's either "debt forgiveness" by the lunatic progressive wing of the democrat party, or "get a job" by the insufferable republican neo cons.

In the middle, where MOST americans actually live and breathe, resonates a more reasonable position, "Can I get a interest rate reduction if I am lowering my debt every month?"
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Mark B Robertson
05:17 PM on 07/12/2012
But all I want to know is how much money was stolen in rough ballpark numbers?
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Rita R
Always asking why
03:05 PM on 07/12/2012
That's going to be tough to calculate, Mark, because this has been going on since Reaganomics. So there's both mass, time, and speed of infection. In other words, we need an Einstein theorem for an early calculation. I would posit it's going to take years to determine the extent of the damages. From a financial perspective, this is a pandemic to match the Black Death or any other devastating plague.
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Mark B Robertson
03:17 PM on 07/12/2012
It would be very very useful for suing purposes on behalf of all those who got financially shafted (cities, towns, companies, countries, individuals, etc) and did not even know it was happening until NOW! Next few years could be very veyr interesting.
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HUFFPOST SUPER USER
J T K
Quis custodiet ipsos custodes?
02:37 AM on 07/13/2012
Also, money was made when the LIBOR was rigged to the other direction so that has to be balanced out as well. People may have lost when that happened but then they might have gained on the other end so balancing both sides is near impossible.