April 19, 2024

High & Low Finance: Intersection of Fraud and Traffic Violations

If he lives too high on the hog, worry about whether he is paying enough attention to work to catch fraud being committed by his subordinates. And there may be a greater chance that the company is making mistakes in its accounting, though not fraudulently.

Determining whether fraud was committed at a company is hard enough, but trying to figure out why is much harder. Presumably some chief executives do it to get rich from rising stock prices, but others in similar situations do not give in to such temptations.

Three academics set out to see whether there were any clear differences between chief executives of companies where fraud was committed and chiefs of similar companies where fraud did not take place — or at least where it was never detected. And they found evidence that those who are willing to violate other rules are also more willing to violate securities laws.

Their results are reported in a paper, “Executives’ ‘Off-the-Job’ Behavior, Corporate Culture and Financial Reporting Risk,” which is to appear in the Journal of Financial Economics. It was written by Robert Davidson, who teaches accounting at Georgetown University, along with Aiyesha Dey of the University of Minnesota and Abbie Smith of the University of Chicago.

Examining fraud cases that the Securities and Exchange Commission filed over the years — covering frauds that began between 1992 and 2004 — the researchers looked for other companies that were as similar as possible to the companies that were caught. Those companies were of similar size, had similar balance sheets and similar prefraud stock market performance as the fraudulent companies and were in the same industries.

That gave them 109 companies where fraud was detected and 109 similar ones where it was not.

The academics then hired private investigators to check out the bosses. They looked for past criminal records, including traffic violations, and they searched public records to see which cars, homes and boats the chief executives owned.

The criminal records were the most interesting.

You might think that anyone who rises to the top of a public company would have a clean criminal record. That does not turn out to be the case.

Of the 109 chief executives of companies found to have committed fraud, 12 had previous encounters with the law that were more serious than a speeding ticket. The academics counted eight felony drug charges, four cases of domestic violence and four traffic violations so serious that they were lumped under the heading of reckless endangerment. (Some of the bosses had more than one item on their record.)

Of the other 109 — the ones whose companies had not been accused of committing fraud — there was nothing more serious than an ordinary traffic violation.

The idea that companies might want to avoid hiring chief executives with a history of felony drug charges is hardly a surprising one. But it is not as obvious that even simple traffic tickets seem to correlate with fraud.

Of the 109 chief executives from nonfraudulent companies, just five had traffic tickets. Sixteen of the fraud company chief executives had such tickets. Some of them also had more serious violations. Altogether, 22 of the 109 had some previous violation.

“We still have pretty strong results if we use only speeding tickets,” Mr. Davidson said. “The implication is you would at least want to consider the things that are often considered relatively minor.”

The statistics are far from conclusive — 109 is not a large number — but they may take on a little more weight from the decision of the researchers to investigate an additional 164 chief executives. They came from 94 companies that were forced to restate their financial statements but were not accused of fraud by the S.E.C., and from 70 others chosen at random from the universe of companies that did not have fraud or accounting errors. None of the 164 had serious offenses, and the proportion with minor traffic violations was much lower than it was among the fraudulent companies.

What this could indicate is that people who are willing to violate one set of social norms are more likely to be willing to violate far more serious ones.

Floyd Norris comments on finance and the economy at nytimes.com/economix.

Article source: http://www.nytimes.com/2013/07/26/business/where-corporate-fraud-and-traffic-tickets-may-intersect.html?partner=rss&emc=rss

New Concerns From Germany Over European Banking Supervisor

DUBLIN — Germany has raised new concerns about a proposal to create a single banking supervisor for the European Union that could delay plans to help troubled lenders that finance ministers were to discuss here on Friday.

Last December, after weeks of bitter wrangling, euro zone finance ministers agreed to put about 150 large banks under the direct supervision of the European Central Bank and to give it powers to intervene to oversee smaller lenders.

The policy is meant to break the vicious circle between indebted sovereign governments and shaky banks. The creation of the single supervisor also is a precondition for nations to tap the Union’s bailout fund, the European Stability Mechanism, to recapitalize struggling lenders directly.

But in recent days, German diplomats made clear at E.U. headquarters in Brussels that they had some reservations about giving the central bank such powers, partly because of the fear that it might alter decisions on monetary policy to make supervision easier.

Wolfgang Schäuble, the German finance minister, was expected to present those concerns at the gathering Friday, according to officials from Ireland, which is hosting the meeting in its role as holder of the E.U.’s rotating presidency

Mr. Schäuble was expected to ask for more scope for national parliaments to hold the E.C.B. accountable, and to ask for an eventual change in the E.U. treaties to ensure that the central bank’s supervisory and monetary roles are clearly separated, according to the officials, who spoke on condition of anonymity as is customary ahead of such meetings.

Ireland and Spain are among the nations lobbying strongly to speed the direct aid, because pumping bailout money to banks avoids putting the loans on national balance sheets and helps keep a lid on borrowing costs.

Irish officials said late Thursday that the German demands could probably be accommodated, and that governments could still reach a final agreement on the single supervisor in coming days.

But German concerns still could hold-up that approval if other governments regard the concerns as little more than a delaying tactic.

Analysts said the German demands were a sign that Berlin did not want to be seen opening the way for further financial commitments, like bailing out banks in weaker parts of the euro area, before national elections in September.

“This instrument will never see the light of day in a German election year, ” said Mujtaba Rahman, Europe director at Eurasia Group, referring to the plans for the direct aid to banks. “Agreement on the E.C.B. supervisor will certainly be a precondition for its use.”

Euro zone finance ministers were meeting here to discuss the situation, as well as aid for Cyprus, Ireland and Portugal, on Friday, before finance ministers from the rest of the Union arrive later for meetings ending Saturday.

Article source: http://www.nytimes.com/2013/04/12/business/global/new-concerns-from-germany-over-eu-banking-supervisor.html?partner=rss&emc=rss

DealBook: British Banks Told to Raise $38 Billion in Capital

Mervyn King, the departing governor of the Bank of England.Franck Robichon/European Pressphoto AgencyMervyn King, the departing governor of the Bank of England.

LONDON — British banks must raise a combined £25 billion, or $38 billion, in new capital by the end of the year to protect against future financial shocks, according to a report on Wednesday from the country’s authorities.

The Bank of England, which takes over the direct supervision of British firms like HSBC and Barclays next week, said the new reserves were needed to protect against losses connected to risky loan portfolios, future regulatory fines and the readjustment of banks’ bloated balance sheets.

Mervyn A. King, the departing governor of the Bank of England, said on Wednesday that the need to raise new capital “is not an immediate threat to the banking system and the problem is perfectly manageable.”

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The report follows a five-month inquiry by British officials into the financial strength of the country’s banking industry. With the world’s largest financial institutions facing new stringent capital requirements, the Bank of England had been concerned that British banks did not have capital reserves large enough to offset instability in the world’s financial industry.

Earlier this month, the Federal Reserve also released the results of so-called stress tests of America’s largest banks, which indicated that most big banks had sufficient capital to survive a severe recession and major downturn in financial markets. Citigroup and Bank of America, after a disappointing performance the previous year, now appeared to be among the strongest.

British banks were not so lucky.

The reported released on Wednesday said that local banks had overstated their capital reserves by a combined £50 billion, which authorities said would now be adjusted on the firm’s balance sheets. Many of the country’s banks already have enough money to handle the accounting adjustment, the report said on Wednesday.

The country’s regulators also said that British banks must raise a total of £25 billion in new capital by the end of the year, but authorities say they believe roughly half of that amount has already been allocated under the banks’ capital-raising plans for 2013. The Bank of England did not name which firms needed to meet the shortfall.

Analysts said on Wednesday that many of the affected firms had enough time to raise new capital by the end of the year, despite the market volatility caused by the banking crisis in Cyprus.

Local regulators have set a deadline for the end of 2013 for banks to increase their reserves to a core Tier 1 capital ratio, a measure of a bank’s ability to weather financial crises, of at least 7 percent under the accounting rules known as Basel III.

Regulators urged banks on Wednesday to increase their reserves by raising new equity, selling noncore assets or reorganizing their balance sheets. British policy makers are concerned that firms will cut lending to the country’s economy as part of their efforts to increase their capital.

“We need safer banks,” said Andrew Tyrie, a British politician who heads a Parliamentary committee on banking standards. “We also need banks that return to normal lending.”

As part of increased oversight of British banks, the Prudential Regulatory Authority, a newly created division of the Bank of England that will have daily regulatory control of the country’s largest firms, will have a direct say in how banks raise the new capital.

The authority’s board is expected to meet over the next couple of weeks to decide which banks will be forced to raise new money. British firms must receive regulatory approval for their capital-raising plans.

Attention is likely to focus on both the Royal Bank of Scotland and the Lloyds Banking Group, which both received multibillion-dollar bailouts during the financial crisis. The banks, which are part nationalized, have recently announced the sale of some of their divisions, including the Royal Bank of Scotland’s American subsidiary, the Citizens Financial Group, in a bid to raise new money.

“We see R.B.S. as most exposed,” Citigroup analysts said in a research note to investors on Wednesday.

Despite the capital increases being in line with many analysts’ expectations, most British banking stocks fell in early afternoon trading on Wednesday, with Royal Bank of Scotland’s share price tumbling the most, at 3.1 percent.

In a statement, the Royal Bank of Scotland said it had announced plans last month to strengthen its capital position. The Lloyds Banking Group declined to comment.

Others firms are taking a different route. After raising $3 billion in November of so-called contingent capital, or CoCo bonds, which converts to equity if a bank’s capital falls below a certain threshold, Barclays is looking to tap investors again through a similar product.

The push to increase cash reserves for Britain’s largest banks is part of an effort to prevent future financial crises. Starting in 2014, the Bank of England plans to conduct regular stress tests of the country’s financial institutions to check that they have sufficient capital reserves.

Article source: http://dealbook.nytimes.com/2013/03/27/regulators-find-british-banks-must-raise-38-billion/?partner=rss&emc=rss

Political Economy: Don’t Rely on Banking Union to Solve Euro Zone Crisis

Conventional wisdom has it that the euro zone needs a banking union to solve its crisis. This is wrong. Not only are there alternatives to an integrated regulatory structure for the zone’s 6,000 banks, but centralization will undermine national sovereignty.

The rallying cry for a banking union sounded this year when it seemed that the euro zone might break apart. Advocates of such a union said that it would break the “doom loop” connecting troubled banks and troubled governments. This week, E.U. countries will meet to discuss the terms for a single supervisor for banks, the first stage of a banking union.

There are two parts to the doom loop: when banks go bust, their governments bail them out, adding to their own debts; and when governments become over-indebted, their lenders get sucked into a vortex, as their balance sheets are full of sovereign debt.

In its fullest incarnation, a European banking union would break the first part of this loop. There would be a central mechanism to recapitalize troubled banks or close them down. There would also be a single deposit guarantee scheme. The cost of dealing with banking crises would, therefore, be borne by the whole euro zone rather than by national governments.

The other half of the loop — the way ailing governments infect banks — would be left intact. This is worrisome given that banks in peripheral countries have doubled lending to their own governments to €700 billion, or more than $900 billion, in the past five years, according to the research organization Bruegel.

The current proposal does not even address the first part of the loop, as politicians are focusing on supervision. Although leaders did agree in June to let the euro zone directly recapitalize banks, Germany subsequently insisted that this would not apply to “legacy” assets, meaning that the promise was of no help to countries already hit by a banking crisis, like Greece, Ireland or Spain.

Moreover, E.U. countries are finding it hard to agree on how a single supervisor should work. Germany does not want its savings banks covered, for instance, an exemption that other countries think would be unfair. Germany is also worried that the European Central Bank, which will take over the supervision, could be diverted from its main role of fighting inflation if it felt the best way to prevent a banking blowup was to keep interest rates artificially low.

There are also difficulties that come with trying to satisfy the interests of countries that are part of the European Union but that are not in the euro zone. Some, like Poland, might want to join the banking union but complain that they do not have a say at the E.C.B.

Meanwhile, Britain does not want to join the banking union but is worried that the E.C.B. will make decisions that will be detrimental to London. Last week, Christian Noyer, governor of the Banque de France, fanned those fears when he told The Financial Times that there was “no rationale” for letting the euro zone’s financial hub be “offshore,” a reference to the fact London is not in the euro zone.

There is an alternative way of breaking the doom loop. First, banks should be required to hold a large chunk of capital that can be used to absorb losses if they go into a tailspin. This cushion, which could be in equity or in bonds, should amount to 15 percent to 20 percent of their “risk-weighted” assets, roughly double the equity-only cushion that new regulations demand. With such a big buffer, there would be less risk that governments would need to bail out their banks. Although the European Commission has bought into this concept, it has not quantified the buffer. It should do so.

Second, banks should be required to diversify their holdings of government debt. Greek banks would not hold little other than Greek bonds and Spanish lenders would not own almost only Spanish debt. Instead, all banks would have a mixture of bonds from across the euro zone, making them less vulnerable to over-indebted national governments.

With these two mechanisms in place, supervision, deposit insurance and “resolution” — the orderly wind-down of ailing banks — could be left to the national authorities. Governments would be free to devise their own policies for dealing with future bubbles, by jacking up the minimum capital ratios for banks or capping the size of mortgages, for instance.

There would still need to be coordination across the euro zone. The E.C.B. would also need to have the fortitude to refuse to act as a lender of last resort to inadequately capitalized banks. But, at the very least, even more powers would not be transferred to an unelected central bank in Frankfurt.

If the euro zone is determined to create a single banking supervisor, it should at least do so properly. That means giving the E.C.B. authority over all banks, not just the big ones. After all, the problems of recent years have been concentrated in fairly small lenders, as seen with Spanish savings banks. If the taxpayers of the euro zone have to cover failing banks, then the E.C.B. needs the authority to clean up national banking systems from top to bottom. It also needs to be more accountable.

The worst outcome would be for no institution to be in charge. Banking supervision is only the first step of a banking union, which is only the initial stage of a planned political union. If leaders of the euro zone cannot stomach the necessary transfer of sovereignty in this case, they should devise a more decentralized model for banks and for their overarching project.

Hugo Dixon is the founder and editor of Reuters Breakingviews.

Article source: http://www.nytimes.com/2012/12/10/business/global/10iht-dixon10.html?partner=rss&emc=rss

In Study, Fears That Life Insurers Are Courting Reserve Risk

WASHINGTON — After more than a year studying a surge of intricate financial deals in the life insurance industry, regulators said Thursday that they had found transactions that could “give the industry a black eye,” but could not agree on what to do about them.

“There are some transactions out there that we’re not comfortable with, and we’re not sure you’d be comfortable with,” Douglas Slape, chairman of the research panel, told a ballroom full of industry representatives at a conference in suburban Washington. “We can’t go into the details because it’s confidential.”

Differences among the panelists soon became apparent as the group laid out its findings. Some expressed concern that insurers were “betting the policyholders’ money,” while others argued that the transactions were carefully vetted and safe.

The National Association of Insurance Commissioners convened the research project, in part, in response to an article in The New York Times on the growing practice among life insurers of offloading huge numbers of policies into opaque, off-balance-sheet subsidiaries. The transactions, often valued in the hundreds of millions or even billions of dollars, can improve the appearance of the insurers’ balance sheets and free up money for other projects, or to pay shareholder dividends.

The Times article questioned whether the use of the special-purpose vehicles meant a shadow insurance industry was being created, outside the usual reach of state insurance regulators.

Diverging views among Thursday’s panel of state regulators pose a problem because the transactions often involve an insurer in one state, a subsidiary in another, and policies sold to customers in any number of other states. States, rather than the federal government, are the primary regulators of the nation’s insurance companies.

“Our entire financial solvency system falls apart if there is not uniformity” among state regulators, said Joseph Torti, a panelist from Rhode Island. “We need to be able to understand what our sister states are doing.”

Separately, New York State is conducting its own investigation of the off-balance-sheet insurance deals. This year it called on the insurers under its jurisdiction to provide detailed information about their special-purpose subsidiaries, why they had created them, and whether the subsidiaries were counting assets that the insurer itself would not be allowed to include on its balance sheet.

In recent years, some states passed laws allowing insurance companies to set up the subsidiaries, because they were perceived as creating good jobs.

Conventional state insurance regulation protects policyholders by requiring companies to set aside enough of the premium money they take in to build reserves to pay all future claims. Companies are also required to maintain a healthy surplus, and regulators can make them stop selling new policies if they fall too far short.

When the life insurers secure their policies through special-purpose vehicles, however, they can do so without building up a body of liquid, cashlike reserves, as prescribed by regulators.

Instead, they offer some form of collateral, like a letter of credit, to stand behind the policies. Some regulators said there were cases in which the collateral was inadequate and would not have been admitted under the usual regulatory standards.

Data compiled by SNL Financial, a data and news company, shows that the practice of securing life policies through a wholly owned subsidiary has grown sharply in the last five years. In 2006, the companies SNL surveyed used such subsidiaries for 31 percent of the policies they reinsured; by 2011, it was up to 45 percent.

SNL also found that while the practice was very popular at some companies, others did not use it at all. The American International Group used subsidiaries for nearly 80 percent of the life policies that it reinsured in 2011, for instance, while Northwestern Mutual used only unaffiliated reinsurers, where the terms would be set in an arms’ length transaction. Still others, like State Farm, were not reinsuring their life policies as of 2011.

Article source: http://www.nytimes.com/2012/11/30/business/in-study-fears-that-life-insurers-are-courting-reserve-risk.html?partner=rss&emc=rss

A Capitalist’s Dilemma, Whoever Wins the Election

In many ways, the answer won’t depend on who wins on Tuesday. Anyone who says otherwise is overstating the power of the American president. But if the president doesn’t have the power to fix things, who does?

It’s not the Federal Reserve. The Fed has been injecting more and more capital into the economy because — at least in theory — capital fuels capitalism. And yet cash hoards in the billions are sitting unused on the pristine balance sheets of Fortune 500 corporations. Billions in capital is also sitting inert and uninvested at private equity funds.

Capitalists seem almost uninterested in capitalism, even as entrepreneurs eager to start companies find that they can’t get financing. Businesses and investors sound like the Ancient Mariner, who complained of “Water, water everywhere — nor any drop to drink.”

It’s a paradox, and at its nexus is what I’ll call the Doctrine of New Finance, which is taught with increasingly religious zeal by economists, and at times even by business professors like me who have failed to challenge it. This doctrine embraces measures of profitability that guide capitalists away from investments that can create real economic growth.

Executives and investors might finance three types of innovations with their capital. I’ll call the first type “empowering” innovations. These transform complicated and costly products available to a few into simpler, cheaper products available to the many.

The Ford Model T was an empowering innovation, as was the Sony transistor radio. So were the personal computers of I.B.M. and Compaq and online trading at Schwab. A more recent example is cloud computing. It transformed information technology that was previously accessible only to big companies into something that even small companies could afford.

Empowering innovations create jobs, because they require more and more people who can build, distribute, sell and service these products. Empowering investments also use capital — to expand capacity and to finance receivables and inventory.

The second type are “sustaining” innovations. These replace old products with new models. For example, the Toyota Prius hybrid is a marvelous product. But it’s not as if every time Toyota sells a Prius, the same customer also buys a Camry. There is a zero-sum aspect to sustaining innovations: They replace yesterday’s products with today’s products and create few jobs. They keep our economy vibrant — and, in dollars, they account for the most innovation. But they have a neutral effect on economic activity and on capital.

The third type are “efficiency” innovations. These reduce the cost of making and distributing existing products and services. Examples are minimills in steel and Geico in online insurance underwriting. Taken together in an industry, such innovations almost always reduce the net number of jobs, because they streamline processes. But they also preserve many of the remaining jobs — because without them entire companies and industries would disappear in competition against companies abroad that have innovated more efficiently.

Efficiency innovations also emancipate capital. Without them, much of an economy’s capital is held captive on balance sheets, with no way to redeploy it as fuel for new, empowering innovations. For example, Toyota’s just-in-time production system is an efficiency innovation, letting manufacturers operate with much less capital invested in inventory.

INDUSTRIES typically transition through these three types of innovations. By illustration, the early mainframe computers were so expensive and complicated that only big companies could own and use them. But personal computers were simple and affordable, empowering many more people.

Companies like I.B.M. and Hewlett-Packard had to hire hundreds of thousands of people to make and sell PC’s. These companies then designed and made better computers — sustaining innovations — that inspired us to keep buying newer and better products. Finally, companies like Dell made the industry much more efficient. This reduced net employment within the industry, but freed capital that had been used in the supply chain.

Clayton M. Christensen is a business professor at Harvard and a co-author of “How Will You Measure Your Life?”

Article source: http://www.nytimes.com/2012/11/04/business/a-capitalists-dilemma-whoever-becomes-president.html?partner=rss&emc=rss