2.99 See Answer

Question: On any given day, a bank may


On any given day, a bank may have either a surplus or a deficiency of cash. When this occurs, banks tend to lend to and borrow from other banks at a negotiated rate of interest. These interbank loans could be as short as one day and as long as several months.
The interest rate charged on these interbank loans is estimated by various banks and averaged every day by the British Banking Association (BBA) to create a benchmark interest rate called LIBOR. Eighteen of the world’s largest banks submit information about their borrowing costs. The BBA then determines the LIBOR rates based on those submissions. LIBOR in turn is used as a benchmark rate to price more than $800 trillion of securities and loans around the word, including swaps, derivatives, mortgages, and corporate and consumer loans. In September 2012, the United Kingdom’s Financial Securities Authority (FSA) announced that the BBA would no longer be administering LIBOR because of a scandal. This LIBOR scandal has had a significant impact on several banks.
Barclays Bank
In June 2012, Barclays Bank PLC admitted to wrongdoing and was fined £290 million ($453 million) for artificially manipulating the LIBOR rate from 2005 to 2009. The bank paid £59.5 million to the FSA, £102 million to the U.S. Department of Jus- tice, and £128 million to the Commodity Futures Trading Commission. The next month, Marcus Agius, chairman of the bank; Robert Diamond, CEO; and Jerry del Missier, COO, all resigned. Diamond agreed to forgo his £20 million bonus for 2012, but he was still entitled to his £2 mil- lion pension.
Barclays admitted that it reported artificially high (or low) borrowing costs when it wanted the LIBOR rate to be high (or low). For example, in 2007, it made submissions indicating high borrowing costs, while in 2008, during the credit crisis, the bank began to underreport its costs of borrowing. Part of the reason for these incorrect submissions was to create the false impression that the bank was financially healthier than it really was. In October 2008, the Royal Bank of Scotland and Lloyds Banking Group were partially nationalized through bailout money pro- vided by the U.K. government. There was widespread concern at Barclays that it would be next. The bank wanted to indicate that it was financially viable to fore- stall a government takeover.
During this period, there was media speculation concerning the true position of the bank, although a Barclays compliance officer assured the BBA that its sub- missions were “within a reasonable range.” There was also widespread concern that LIBOR was being manipulated.
Later, when the FSA report on the scandal was released, it stated that Bar- clays’ derivative traders (who could make profitable trades based on a manipulated LIBOR) made 257 requests of other banks to misstate LIBOR submissions between January 2005 and June 2009. In addition, in November 2008, the BBA issued a draft report on the guidelines for LIBOR submissions that included a recommendation that submissions be audited as part of compliance. Barclays ignored the guidelines until June 2010, when the bank implemented new policies, one of which required the reporting of any attempt to influence LIBOR by either internal or external parties.
UBS
In December, the Swiss bank UBS paid £940 million ($1.5 billion) in penalties for its role in the LIBOR scandal. This was more than twice the fine paid by Barclays Bank. UBS also admitted to manipulating LIBOR, EURIBOR (the Eurozone rate), and TIBOR (the Tokyo rate) from 2005 to 2010. The bank said that all the employees involved in the manipulations were no longer with UBS, including 35 who left in 2012. In February 2013, the bank announced that it was reducing investment bankers’ bonuses by a third in order to recoup some of the fine.
At UBS, brokers were allowed to make the LIBOR submissions, creating direct conflicts of interests. Derivate traders could make a lot of money if they knew what LIBOR would be in advance of it being published. Traders boasted in chat forums and through email about how successful they were at manipulating the rate. “Think of me when yur on yur yacht in Monaco,” one broker wrote. Another said that he was “getting bloody good” at rate rigging. Another allegedly said that LIBOR “is too high (be)cause I have kept it artificially high.”
There were at least 2,000 manipulations designed to simply enrich the brokers themselves. This was collusion on a grand scale. According to the FSA, the manipulations involved at least 45 people, including UBS employees as well as external brokers. In one case, the bank paid £15,000 every three months to outside brokers to assist in the manipulations.
UBS also admitted that management had asked staff to submit artificially low LIBOR borrowing costs during the final days of the subprime mortgage crisis in order to give the false impression that the bank was financially more secure than it actually was. Barclays had similarly used LIBOR submissions to artificially maintain market confidence.
Other Banks
In January 2013, the Deutsche Bank of Germany announced that it was recording a €1 billion provision to cover the cost of potential lawsuits concerning LIBOR manipulations. In February 2013, the Royal Bank of Scotland agreed to pay £390 million for its role in the LIBOR scandal.
Subsequent Event and Additional Information
As a result of this scandal, perpetrated by various banks designed to manipulate the
LIBOR rate and the valuation of many security prices, the NYSE Euronext will take over the setting of LIBOR beginning in early 2014. A detailed analysis and description of LIBOR and the scandal is contained on pages 98 to 103.
Questions
1. Which groups were most at fault for the LIBOR manipulations: brokers, traders, bank executives, bank boards of directors, or regulators? Why?
2. What should the regulatory bodies do with the fines paid by these banks? Reduce tax rates for the general public? Use the funds to reeducate investment bankers?
3. Robert Diamond continues to receive his £2 million pension annually. Should he suffer financially by having to forfeit this pension because the LIBOR scandal occurred while he was CEO of Barclays?
4. Both Barclays and UBS reduced the bonuses of current employees to help pay part of the fines that occurred because of the actions of former employees. Is this fair?
5. The rate manipulations seemed to be systemic to the industry because so many banks were involved. What can be done to curtail such widespread unethical practices within an industry?
6. Why weren’t the directors of the banks that had caused the scandal fined or jailed? Should they have been?
7. Why should members of the public trust the banks that were involved in manipulating the LIBOR rate?


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> Should executives and directors be sent to jail for the acts of their corporation's employees?

> Why didn’t some corporations protect women employees from sexual abuse before 2017–2019?

> How can corporations ensure that their employees behave ethically?

> Why is it important for the clients of professional accountants to be ethical?

> Why might ethical corporate behavior lead to higher profitability?

> What could professional accountants have done to prevent the development of the credibility gap and the expectations gap?

> Why are we more concerned now than our parents were about fair treatment of employees?

> Why have concerns over pollution become so important for management and directors?

> Should organizations that have a risk-taking culture, such as the one developed by Stan O’Neil at Merrill Lynch, enjoy the gains and suffer the losses, without recourse to government bailouts?

> Should the CEOs who refused to have their firms invest in mortgage-backed securities in the early years because the risks were too great receive bonuses in the latter years because their firms did not incur any mortgage-backed security losses? How would

> Should CEOs who made large bonuses by having their firms invest in mortgage-backed securities in the early years have to repay those bonuses in the later years when the firm records losses on those same securities?

> The government bailout of the financial community included taking an equity interest in publicly traded companies such as American International Group (AIG). Is it right for the government to become an investor in publicly traded companies?

> How much should the exiting CEOs of Fannie Mae and Freddie Mac have received when they were replaced in September 2008?

> Identify and explain five examples where executives or directors faced moral hazards and did not deal with them ethically.

> How could ethical considerations improve unbridled self-interest in ethical decision making?

> Wal-Mart has a brand image that triggers strong reactions in North America, particularly from people whose businesses have been damaged by the company’s over- powering competition with low prices and vast selection and by those who value the small-busine

> How could increased regulation improve the exercise of unbridled self-interest in decision making?

> What were the three most important ethical failures that contributed to the subprime lending fiasco?

> Does the Dodd-Frank Act go far enough, or are some important issues not addressed?

> Should members and executives in investment firms be forced to be members of a profession with entrance exams and with adherence to a professional code such as is the case for professional accountants or lawyers?

> Given that the marketplace for securities is global, and that the risks involved can affect people worldwide, should there be a global regulatory regime to protect investors? If so, should it be based on the regulations of one country? Should enforcement

> The global economic crisis was caused by the meltdown in the U.S. housing market. Should the U.S. government bear some of the responsibility of bailing out the economies of all countries that were harmed by this crisis?

> Are the criticisms that mark-to-market (M2M) accounting rules contributed to the economic crisis valid?

> How much and in which ways did unbridled self-interest contribute to the subprime lending crisis?

> What would you list as the five most important ethical guidelines for dealing with North American employees?

> Do professional accountants have the expertise to audit corporate social performance reports?

> Bernie Madoff perpetrated the world’s largest Ponzi scheme,1 in which investors were initially estimated to have lost up to $65 billion. Essentially, investors were promised—and some received—returns

> Why should a corporation make use of a comprehensive framework for considering, managing and reporting corporate social performance? How should they do so?

> Descriptive commentary about corporate social performance is sometimes included in annual reports. Is this indicative of good performance, or is it just window dressing? How can the credibility of such commentary be enhanced?

> How could a corporation utilize stakeholder analysis to formulate strategies?

> Corporate reporting to stakeholders other than shareholders has exploded. Why is this? Can stakeholders really make good use of all the information now available?

> How will the U.S. external auditor’s mindset change in order to discharge the duties contemplated by SAS 99 on finding fraud?

> If a corporation’s governance process does not involve ethics risk management, what unfortunate consequences might befall a corporation?

> Why should ethical decision making be incorporated into crisis management?

> If a company is to be sentenced for paying bribes 10 years ago, should the company be banned from all government contracts for 10 years, just made to pay a fine, or both? Consider the impacts on all stakeholder groups, including current and past sharehol

> What would you advise that corporations do to recognize the new worldwide reach of antibribery enforcement related to the FCPA and the U.K. Bribery Act?

> How would you advise your company’s personnel to act with regard to expectations of guanxi in China?

> This case presents, with additional information, the WorldCom saga included in this chapter. Questions specific to WorldCom activities are located at the end of the case. WorldCom Lights the Fire WorldCom, Inc., the second-largest U.S. telecommunications

> The #MeToo Movement has finally succeeded in getting women’s allegations of sexual abuse to be taken seriously by management and boards of directors. Why did it take so long for this tipping point to be reached?

> What should a North American company do in a foreign country where women are regarded as secondary to men and are not allowed to negotiate contracts or undertake senior corporate positions?

> Should a North American corporation operating abroad respect each foreign culture encountered, or insist that all employees and agents follow only one corporate culture?

> Is trust really important—can’t employees work effectively for someone they are afraid of or at least where there is some “creative tension”?

> In what ways do ethics risk and opportunity management, as described in this chapter, go beyond the scope of traditional risk management?

> Why is maintaining the confidentiality of client or employer matters essential to the effectiveness of the audit or accountant relationship?

> Which would you chose as the key idea for ethical behavior in the accounting profession: “Protect the public interest” or “Protect the credibility of the profession”? Why?

> When should an accountant place his or her duty to the public ahead of his or her duty to a client or employer?

> Why are most of the ethical decisions accountants face complex rather than straightforward?

> What is meant by the term "fiduciary relationship"?

> Once the largest professional services firm in the world and arguably the most respected, Arthur Andersen LLP (AA) has disappeared. The Big 5 accounting firms are now the Big 4. Why did this happen? How did it happen? What are the lessons to be learned?

> Answer the seven questions in the opening section of this chapter.

> Why do codes of conduct or existing jurisprudence not provide sufficient guidance for accountants in ethical matters?

> Many professional accountants know of questionable transactions but fail to speak out against them. Can this lack of moral courage be corrected? How?

> Transfer pricing can be used to shift profits to jurisdictions with low or no tax to reduce the taxes payable for multinational companies. If such profit shifting is legal, is it ethical? Was Apple well-advised to shift $30 billion in profits to its Iris

> An engineer employed by a large multidisciplinary accounting firm has spotted a condition in a client’s plant that is seriously jeopardizing the safety of the client’s workers. The engineer believes that the professional engineering code requires that t

> Are the governing partners of accounting firms subject to a “due diligence” requirement similar to that for corporation executives in building an ethical culture? Can a firm and/or its governors be sanctioned for the misdeeds of its members?

> What should an auditor do if he or she believes that the ethical culture of a client is unsatisfactory?

2.99

See Answer