April 23, 2024

Investors in Bankia to Sue Bank of Spain Over Losses

The group, estimated to be 400 investors, will seek about 200 million euros, or $260 million, in compensation from the bank and the country’s other supervisory authorities for losses incurred when Bankia shares they had bought for 3.75 euros a share in 2011 devolved into a penny stock.

In a complaint sent to the Bank of Spain this week, Cremades Calvo-Sotelo, the Spanish law firm representing the disgruntled investors, accused the central bank and other authorities of failing to adequately oversee Bankia, from its formation to its listing in July 2011, and then its nationalization last May.

“The measures used to contain the deterioration of Bankia in the context of a severe economic recession provoked exactly the opposite,” according to the complaint, which the law firm used to inform the parties that a suit would be filed. “The entire process of restructuring and intervening in Bankia demonstrates a behavior on the part of the financial authorities that was fully contrary to the standards of prudential regulation.”

Spanish regulators almost entirely erased the already heavily reduced value of Bankia’s equity in March, part of a cleanup that required the country to use 18 billion of its 100 billion euro European bailout in order to keep the bank afloat. Over all, Spain has used 41 billion euros of its bailout to rescue its banks.

The lawsuit against the Bank of Spain — the first of its kind against the country’s central bank — would be extended to Spain’s Economics Ministry as well as its stock market regulator, said Javier Cremades, the chairman of the law firm.

“Bankia’s handling and supervision,” Mr. Cremades said, “shows some very serious mistakes on the part of the Bank of Spain and the other financial authorities and it is essential to hold them liable if we want citizens and investors to recover their confidence in our system.”

The approval of Bankia’s listing also helped “spread the disease indiscriminately,” according to the complaint sent to the Bank of Spain, creating distrust among investors toward the entire Spanish financial sector.

The Bank of Spain had no immediate comment.

Bankia’s collapse has already led to separate litigation. Last July, Rodrigo Rato, the former executive chairman of Bankia, appeared in court after he was named along with 32 other former Bankia executives and board members in a criminal inquiry into potentially misleading accounts at the time of Bankia’s listing, which involved tens of thousands of the bank’s retail clients buying into the stock offering.

Mr. Rato and the others denied wrongdoing and have not been formally charged with any crime.

In February, Bankia reported a loss of 19.2 billion euros for 2012, a record for the Spanish banking industry. It forecast a swift return to profit, following the bailout and a cleanup of its balance sheet. Still, Standard Poor’s, the credit rating agency, downgraded Bankia, noting that the bank was likely to remain dependent on financing from the European Central Bank for the foreseeable future.

Article source: http://www.nytimes.com/2013/05/10/business/global/spanish-central-bank-to-face-suit-over-bankia-bailout.html?partner=rss&emc=rss

Economix Blog: Sauce for the Goose, French Style

Michel Barnier, the Frenchman who is the European Commissioner for internal market and services, spoke in New York on Friday at a luncheon sponsored by the Atlantic Council and the Clearing House, and made the plea for the United States to adopt International Financial Reporting Standards, something that now seems very unlikely.

FLOYD NORRIS

FLOYD NORRIS

Notions on high and low finance.

“I continue to be disappointed by the slowness of the U.S. in moving toward internationally agreed accounting standards,” he said. “It is essential to have common basic standards. Otherwise we risk that our prudential standards will have different effects.”

He warned of the risks from a return “to a fragmented system based on national or regional approaches.”

Whatever the United States does, genuinely “common basic standards” are probably never going to arrive. And France can take a lot of the credit, or blame, for that.

It was France, at the behest of its banks, that nearly a decade ago insisted on a carve-out from the rules on bank accounting when the European Union agreed to adopt international standards. As a result, Europe’s banks had a choice of which rules to follow.

That move did not go over well with a lot of people. When the United States Securities and Exchange Commission decided to allow foreign companies to file financial reports using the international standards without reconciling them to American rules, it specified that exemption was being granted only to companies that followed the rules without the carve-out. The rules are written by the London-based International Accounting Standards Board.

After the address, I asked Mr. Barnier if the European commitment to common rules meant that it was now willing to give up carve-outs from rules it did not like. Before he could reply, one of his aides, Nadia Calviño, leaped in to point out it was a very small carve-out that Europe demanded and got. (It was small in terms of words, but not in terms of effect.) She made clear Europe was by no means giving up the right to opt out of rules it did not like. Later she told me that the accounting standards board was working on new banking rules, which might not require a carve-out, and that I should look to the future, rather than the past.

Mr. Barnier is the same commissioner who in the past has seemed to threaten to withhold funds from the accounting standards board if it adopted rules that Europe did not like. And he has warned that Americans on the international board might have to go if the United States did not join up.

American support for international reporting standards seems to have faded away. Some big multinationals still like the idea, and so do the big accounting firms. But to many businesses the idea of changing seems like a significant expense with little benefit. The United States Financial Accounting Standards Board and the international board have been seeking a convergence of standards, but it is clear that neither is willing to defer to the other when they have sharp disagreements. It appears that Generally Accepted Accounting Principles will continue to be applied to American companies.

Mary Jo White, President Obama’s choice as the next head of the S.E.C., has not, to my knowledge, taken a position on this. But unless she chooses to make adopting international reporting standards a major priority — and appointed a chief accountant who agreed — it is unlikely that much will change.

If Europe really wants to persuade Americans to back international standards, it might help if it swore off future political alteration of accounting rules that it does not like.

Article source: http://economix.blogs.nytimes.com/2013/02/15/sauce-for-the-goose-french-style/?partner=rss&emc=rss

DealBook: British Regulator Says Banks ‘Too Big to Prosecute’

Andrew Bailey in 2009.Georges Gobet/Agence France-Presse — Getty ImagesAndrew Bailey in 2009.

Andrew Bailey, the future chief of the Prudential Regulation Authority, a newly created British regulator, believes that some banks have become too big to prosecute.

The fear, one that has been echoed in the United States, is that the indictment could hurt confidence in the wider financial services industry.

“It would be a very destabilizing issue. It’s another version of ‘too important to fail,’” Mr. Bailey told The Telegraph, a British newspaper.

A number of British banks, including HSBC and Barclays, have recently been forced to pay large fines connected to illegal activity by some of their employees. Mr. Bailey said the size of many financial institutions made it difficult to take legal action against firms.

American authorities recently decided against indicting HSBC over money laundering, over concerns about the broader financial system. Instead the bank agreed to pay $1.92 billion to settle the matter.

The case is raising some questions. On Thursday, Senator Charles E. Grassley, Republican of Iowa, sent a letter to Eric H. Holder Jr., the attorney general, citing the Justice Department’s “inexplicable unwillingness to prosecute and convict those responsible for aiding and abetting drug lords and terrorists.” Mr. Grassley called the HSBC fine “hardly even a slap on the wrist,” given the bank’s profits.

Article source: http://dealbook.nytimes.com/2012/12/14/british-regulator-says-banks-too-big-to-prosecute/?partner=rss&emc=rss