April 26, 2024

Central Banks in Europe Move to Support Economy

Both central banks left their key benchmark rates unchanged, at 1.5 percent for the euro area covered by the E.C.B., and 0.5 percent for Britain.

Some analysts had seen a rate cut as a possibility for the euro zone amid growing concern that Europe could again dip into recession. But the E.C.B. has remained steadfastly focused on inflation, which rose again in September.

It did respond, however, to signs that some big banks that are having trouble raising funds at reasonable rates, because other lenders doubt their creditworthiness due to their exposure to shaky government debt.

The E.C.B. said it would resume offering banks unlimited loans at the benchmark interest rate for about one year. Previously the maximum term was six months. Banks must put up collateral such as bonds or other securities, but otherwise are allowed to borrow as much as they want.

To help avert a credit crunch, the E.C.B. also said it would resume buying so-called covered bonds, which are a form of debt secured by packages of loans and guaranteed by the issuing bank. Covered bonds are one of the main ways that banks raise money. The E.C.B. also bought covered bonds in 2009 to alleviate the bank funding crunch that followed the collapse of Lehman Brothers in 2008.

At a news conference, the E.C.B. president Jean-Claude Trichet said the bank expects “very moderate” growth in coming months in “an environment of particularly high uncertainty.”

Hours earlier, the Bank of England said it would widen its so-called quantitative easing program to £275 billion, or $425 billion, from £200 billion.

“Tension in the world economy threatens the U.K. recovery,” the bank governor Mervyn King wrote in a letter to the British Treasury explaining the bank’s decision.

“Vulnerabilities associated with the indebtedness of some euro-area sovereigns and banks have resulted in severe strains in bank funding markets and financial markets more generally,” Mr. King wrote. The euro area is Britain’s biggest export market and demand from the region is vital for an economic recovery.

The British move came about a month earlier than some economists had expected but was no surprise. The Bank of England’s rate-setting committee had hinted last month that it might have to inject more money into the market to support an increasingly threatened economic recovery.

The decision shows that “they believe an already difficult outlook for the economy has deteriorated,” Howard Archer, chief economist for Britain at IHS Global Insight, said.

The pound fell against all major currencies after the announcement. The euro also fell.

Many economists have argued that the E.C.B. erred when it raised rates twice this year, most recently in July. Evidence is growing that the euro area economy is headed for a downturn caused by severe austerity programs in countries like Spain as well as the uncertainty created by the European government debt crisis.

But recent figures showed inflation in the euro area rose to an estimated 3 percent in September, well above the E.C.B. target of about 2 percent. Hard liners on the governing council are likely to have argued that the E.C.B. would violate its mandate to preserve price stability if it cut rates now.

In addition, some members of the governing council, which includes chiefs of national central banks, may have argued that a rate cut just three months after the last increase would be an embarrassing reversal that could damage E.C.B. credibility.

Still, Mr. Trichet could use his last news conference before handing the presidency of the central bank to Mario Draghi, governor of the Bank of Italy, to signal a rate cut in the coming months.

With Greece on the brink of default and problems at banks such as Dexia, a French-Belgian institution, signaling severe strain in the European banking system, European institutions are under pressure to do something to relieve the tension.

José Manuel Barroso, president of the European Commission, the executive of the European Union, said he was advocating a coordinated approach to bank recapitalization across the euro zone.

“It’s not only obvious but indispensable,” he said in Brussels. “I don’t think anyone in Europe is opposed to coordination in such a sensitive area.”

Article source: http://feeds.nytimes.com/click.phdo?i=48b47cb9c1bb2f912668917d70f11409

DealBook: Tough Justice Persists in White-Collar Crime Cases

Lee B. Farkas leaves court in June 2010 and Raj Rajaratnam after his conviction in May 2011.Bruce Ackerman/Ocala Star-Banner, Mary Altaffer/Associated PressLee B. Farkas leaves court in June 2010 and Raj Rajaratnam after his conviction in May 2011.

6:24 p.m. | Updated

Lee B. Farkas received a 30-year prison sentence on Thursday for his role in a long-running mortgage fraud that federal prosecutors said caused about $2.9 billion in losses and brought down a bank with $12 billion in assets in 2009. For those who think the courts routinely go easy on white-collar defendants, this is the latest in a string of prominent cases in which judges have imposed substantial punishments, some of which may work out to virtually a life sentence.

Mr. Farkas, the former chief executive at the Taylor, Bean Whitaker Mortgage Corporation, was convicted on 14 counts for falsifying mortgages financed through Colonial Bank, which was closed partly because of losses from its dealings with the mortgage company. Prosecutors accused him of using company money to finance a lavish lifestyle, diverting $40 million in addition to his generous salary and bonuses.

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The Justice Department had asked Judge Leonie Brinkema in Federal District Court in Alexandria, Va., to sentence Mr. Farkas to the maximum term for all his convictions, totaling 385 years, to send a message to corporate executives. As I discussed in an earlier post on sentencing, it is questionable whether those executives will pay much attention to what happened in the case because the prison term is not outside what seems to have become almost ordinary in white-collar cases.

Although Judge Brinkema did not accept the government’s recommendation, there is a good chance the sentence means Mr. Farkas spends the rest of his life behind bars. Under federal Bureau of Prisons guidelines, he will have to serve about 24 years in a federal prison. Mr. Farkas, who is 58, will not be released until he is in his 80s, even accounting for the time he has been in custody since being charged in June 2010.

Mr. Farkas’s sentence is part of a continuing trend in white-collar cases in which federal judges have imposed substantial prison terms on defendants who abused their positions to engage in fraudulent schemes. Marc Dreier, a former New York lawyer, received a 20-year sentence for bilking hedge funds and other investors out of $700 million, while a $1.4 billion scam by Scott Rothstein, a Miami lawyer, brought a 50-year prison term.

Lengthy sentences have been around for fraud cases for more than a decade, since the United States Sentencing Commission’s sentencing guidelines ratcheted up the penalties for this type of case in 2001. The impact on white-collar defendants has been substantial, with chief executives like Jeffrey K. Skilling of Enron and Bernard Ebbers of WorldCom each receiving prison terms of more than 20 years for the accounting frauds at their companies.

Taking a case to trial like the one against Mr. Farkas did may also increase the sentence because federal prosecutors usually argue for the maximum punishment under the federal guidelines, with little incentive to cut a defendant any slack. And if a defendant testifies and is convicted, then there is the additional risk that, like Mr. Farkas, the judge will conclude that the person committed perjury, which is an additional enhancement to the sentence.

An interesting question is whether this trend toward longer sentences aimed at “sending a message” will have a greater impact on the sentence of Raj Rajaratnam, the Galleon Group hedge fund manager, for insider trading. That sentencing had been scheduled for the end of July, but late Thursday a federal judge postponed it until Sept. 27. As I discussed in a post about the Galleon case, the sentencing guidelines in his case call for a prison term of about 15 to 20 years.

Mr. Rajaratnam’s crime was hardly the type of Ponzi scheme perpetrated by Mr. Dreier or Mr. Rothstein, nor did it have the claims of falsified documents and fake mortgages for which Mr. Farkas was convicted. Unlike those defendants, Mr. Rajaratnam was accused of crossing the line by illegally using confidential information for the benefit of the Galleon Group, but otherwise there was no claim that his business was illegitimate or that he stole from individual investors.

Yet Mr. Rajaratnam was convicted of taking information from highly placed sources who breached their fiduciary duty to publicly traded corporations like Goldman Sachs, I.B.M. and Advanced Micro Devices, at least indirectly harming thousands of shareholders. The wiretaps played at trial demonstrate a rather brazen approach to gathering this information, with instructions on how to cover up the trading to make it appear to be innocent. Although Mr. Rajaratnam did not testify, the type of conduct portrayed on the wiretaps could lead the court to find that he deserves a significant sentence for abusing his position.

I would not be surprised if federal prosecutors sought a sentence above the guidelines recommendation for Mr. Rajaratnam to send yet another message to Wall Street, one that certainly would be noticed in the hedge fund universe. A substantial prison term, in the 25-year range, would also be consistent with the trend in white-collar cases toward harsher punishments.


Peter J. Henning, who writes White Collar Watch for DealBook, is a professor at Wayne State University Law School.

Article source: http://feeds.nytimes.com/click.phdo?i=28ba407029532b0aa52c191384cb6dc3