Phil Angelides
Published: Sunday 26 August 2012
“A June survey of 500 senior financial services executives in the United States and Britain turned up stunning results.”

The Unrepentant and Unreformed Bankers

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Money laundering. Price fixing. Bid rigging. Securities fraud. Talking about the mob? No, unfortunately. Wall Street.

These days, the business sections of newspapers read like rap sheets. GE Capital, JPMorgan Chase, UBS, Wells Fargo and Bank of America tied to a bid-rigging scheme to bilk cities and towns out of interest earnings. ING DirectHSBC and Standard Chartered Bank facing charges of money laundering. Barclays caught manipulating a key interest rate, costing savers and investors dearly, with a raft of other big banks also under investigation. Not to speak of the unprecedented wrongdoing that precipitated the financial crisis of 2008.

Evidence gathered by the Financial Crisis Inquiry Commission clearly demonstrated that the financial crisis was avoidable and due, in no small part, to recklessness and ethical breaches on Wall Street. Yet, it's clear that the unrepentant and the unreformed are still all too present within our banking system.

A June survey of 500 senior financial services executives in the United States and Britain turned up stunning results. Some 24 percent said that they believed that financial services professionals may need to engage in illegal or unethical conduct to succeed, 26 percent said that they had observed or had firsthand knowledge of wrongdoing in the workplace, and 16 percent said they would engage in insider trading if they could get away with it.

That too much of Wall Street remains unchanged is not surprising. Simply stated, the banks and their leaders have paid no real economic, legal or political price for their wrongdoing and thus have not felt compelled to change.

On the economic front, the financial sector has rebounded nicely from its brush with death, thanks to an enormous taxpayer bailout. By 2010, compensation at publicly traded Wall Street firms had hit a record $135 billion.

Last year, the profits of the nation's five biggest banks exceeded $51 billion, with their chief executives all enjoying pay increases. By 2011, the 10 biggest U.S. banks held 77 percent of the nation's banking assets.

On the legal front, enforcement has been woefully inadequate. Federal criminal financial fraud prosecutions have fallen to a two-decade low. Violations are settled for pennies on the dollar - the mere cost of doing business, with no admission of wrongdoing and with the bill invariably picked up by insurers or shareholders. (When it's shareholders, that's not someone else far away, that's your 401(k), pension fund or mutual fund.)

When Goldman Sachs was charged with failing to set policies to prevent insider trading, it was fined $22 million, an amount the bank collects in about seven hours of trading. Goldman's record $550 million penalty for securities fraud in 2010 amounted to less than 2 percent of that year's revenue.

On the political front, after a brief stint in the penalty box, the big banks have resumed the political muscling that got them two decades of deregulation.

To block reform, the financial industry has spent more than $317 million on lobbying in Washington over the past two years and more than $230 million in federal political contributions in the 2010 and 2012 election cycles.

It's been to good effect. Two-thirds of the regulations called for in the financial reform law passed two years ago are still not in place. And the House Republicans, the banks' sturdiest allies, have slashed at the budgets of the Securities and Exchange Commission and the Commodities Futures Trading Commission to impede their ability to investigate wrongdoing.

Clearly, the present order is unsustainable. We need to demand fundamental changes now, breaking up the big banks to snap their stranglehold on our markets and our democracy, ensuring that the newly minted financial reform laws are implemented, and wringing out rampant speculation.

But true reform can only occur if we root out the corruption that has distorted our banking system and undermined the productive work of the many good people in the financial sector.

The system of financial law enforcement is clearly broken. Think of it this way: If someone robbed a 7-Eleven of $1,000 but could settle a few days later for $25 and no admission of guilt, would they do it again?

Only enforcement with real consequences will work. That means vigorous pursuit of criminal cases against individuals involved in wrongdoing, the surest method to deter malfeasance.

It means enforcement agencies eschewing weak settlements in civil cases and seeking remedies with teeth such as civil penalties, restitution and executives forfeiting their jobs. And, it means tougher financial fraud laws. In that regard, the bipartisan proposal by Sens. Jack Reed, D-R.I., and Charles Grassley, R-Iowa, to increase fines for securities fraud is a place to start.

To make any of this a reality, the U.S. Department of Justice and the federal regulators must have the will and the resources to do the job. President Obama has asked for additional funds for the Department of Justice, the SEC and the Commodities Futures Trading Commission.

Giving these agencies the tools to detect and prosecute wrongdoing will more than pay for itself - the Commodities Futures Trading Commission's fine against Barclays for interest rate manipulation alone will pay for almost an entire year of that agency's budget.

None of these changes will come easily, but this much is clear: We cannot allow Wall Street to continually flout our sense of right and wrong, to erode faith in our legal and political systems, and to put our financial system and economy in jeopardy.



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ABOUT Phil Angelides

 

Phil Angelides, former state treasurer of California, was the chairman of the Financial Crisis Inquiry Commission, which conducted the nation's official inquiry into the financial crisis. Send your feedback to us through our online form at www.sfgate.com/chronicle/submissions/#1.

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4 comments on "The Unrepentant and Unreformed Bankers"

William Bednarz

August 27, 2012 5:17am

TOO BIG TO FAIL . . .
Our Government that is paid off by them to allows this. . .
NO ACCOUNTING TO THE PEOPLE - NO ACCOUNTIBILITY - RUN JUST LIKE WASHINGTON... THE PENTAGON'S NON ACCOUNTING $6000.00 TOILET SEATS. . . OR THEIR PROMISHED ACCOUNTING THEY EVEN THEY ADMIT -.- WILL BE POSPONED UNTIL FORGOTTEN
ALL OF EUROPE IS WORRIED BY WALL STREET'S DIVERATIVES.....A.K.A. FLIM-FLAM.......
RECESSION....FORECLOSURES.... UNEMPLOYMENT - (NAFTA / CAFTA and the rest -.- guaranteed to keep the top on top......look at the eroding middle class)
. . . I think we're headed for another revolution.....think for a minute....what did the workers do......did they cause this financial disaster??? by wanting living wages??? did they cause this with thier mortgages that all the banks approved?? By unemployment - BAIN Capital - buying and selling companies??? NAFTA ?? selling jobs overseas....
NAME one thing that the workers did....management took and take their rewards at WHOSE EXPENSE......the bailout and the record bonuses - gee doesn't sound like workers to me....
. . . TOO BIG TO FAIL........KING LOUIS 14th ??? too big to fail ???
CZAR NICHOLAS ?? too big to fail??? KAISER WILHELM?? too big to fail???
l.e.t...t.h.e.m .....e.a.t.....c.a.k.e.....?
..I HEAR ALOT OF FLIM-FLAM...HOW POLITICIANS ARE GONG TO SAVE THE PLANET - - SNAKE-OIL SALESMEN....LIARS....CHEAT....FRAUDS....

Arminius Aurelius

August 29, 2012 11:23am

The U.S. used to be the envy of the world , those who got an education , learned a trade and worked hard were bound to succeed , everyone could benefit from capitalism . Back in the 1960's thru the 1980's was the most productive period where all benefited . A corporate C.E.O. would earn about 40 X what the average assembly line worker earned. Now they ship the factories [ high paying jobs ] overseas in order to increase profits . It seems that many on Wall Street after seeing the 1987 movie " Wall Street " and hearing Gordon Gekko say , " Greed is Good " , the Banksters and Wall Street crowd adopted that as their mantra . Now the C.E.O.'s " earn " 400 X what a factory worker earns . The Wall Streeters steal , cheat and lie to their clients in order to earn ever larger bonuses . Remember the packaged TOXIC mortages that were rated AAA , Goldman Sachs sold them to people around the world as a good investment while they themselves were betting that they would crash . It was a SCAM by con artists and instead of being arrested and put on trial , our bought and paid for politicians gifted them Billions in bailout money [ taxpayer money ] . Traitors all . Both parties are complicit , we no longer live in a true democracy , politicians do the bidding of the Fat Cats not the citizens . The coming election is a fraud , we have a choice of Tweedle Dee or Tweedle Dum , both parties are quite content playing musical chairs and taking turns at power . Same old , same old .
We need at least 3 aditional political parties in order to have a real choice '
In Abraham Lincolns First Inaugural Address March 4 , 1861 , he said :
" Whenever our people shall grow weary of the existing government , they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it ."
Sadly the majority of the lumpen masses could care less , they are distracted by their Bread and Circus's .
A Military Coup d' Etat would be a blessing , maybe the only hope.

Riconui

August 26, 2012 1:13pm

Having worked in the past with drug addicts, I can testify that the behavior of our "banking" sector is a near perfect analog of the behavior of junkies. They always need more and there is always a righteous justification for it. And much like many junkies, they have to steal to support their habit. In the case of the banks, they have managed to spread the "junk" around sufficiently to hook our legislative branch on their brand of junk. Result; legalization of the most atrocious behaviors. Now when they are questioned on the propriety of their self destructive habits (except that we "little people" get thrown overboard first), they get to resort to the final citadel of of rationalization: "Everything we did was perfectly legal". Perfectly immoral, perfectly cynical and narcissistic, perfectly devoid of any ethical constraint...... but all perfectly legal, leaving out the fact that they bought off our legislators in the course of legalizing their pathological behavior.

FullBlad

August 26, 2012 12:11pm

While there is certainly too much to bemoan with the current state of affairs with the financial sector all this talk of justice needing to be served is just talk. I'm quite sure that Obama and the rest of his administration have had it explained to them just how precarious the whole situation is and this is why we are seeing window dressing as far as bringing justice to this whole scene.

The big banks are up to their collective eyeballs in various derivative positions some of which are helping prop up bond prices which represent the viability of sovereign debts such as the trillions of U.S. federal debt. Imagine that failing. The rest of America's middle and working class wealth would be wiped out almost completely as a depression of epic proportions would befall the world's economies. Now imagine you are the president. How hard are you going to hit the bankers for bringing us all to this point?

The frauds and felonies by the bankers will be allowed to continue as they try to avert the near collapse of their greed driven system only because we all are connected to that system. LIBOR will continue to be manipulated as will the interest rate swap market that keeps American debt credit worthy. Anything else would be unthinkable in the near term under the present situation. If however the unthinkable should become the reality then that is when the people must arise and throw off this ponzi system the bankers have used to reap the wealth of nations and their power over them. By taking back the right to own and control the people's money supply and credit the banker's and the mega corporations that have grown up around them will cease to have the strangle hold over the world they have enjoyed for the last 31/2 centuries. These bankers and corporatists are a morally repugnant sub group of humanity that have by their inherently evil system come to rule much of the planet and everything on it to the intense detriment of all.