About Jared Wade

Jared Wade is a freelance writer and former editor of the Risk Management Monitor and senior editor of Risk Management magazine. You can find more of his writing at JaredWade.com.
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Are Banks Reassessing Risky Practices in Wake of Libor Scandal?

Yesterday in London, executives of the Royal Bank of Scotland testified in front of a Parliament commission of banking standards. The topic at hand was of course the much-publicized Libor rate-rigging scandal that cost RBS more than $600 million in fines from the UK’s Financial Services Authority, the U.S. Commodities and Futures Trading Commission, and the U.S. Department of Justice.

In the hearing, CEO Stephen Hester was quick to note that the scandal was the product of unscrupulous behavior by the firm’s employees. “The behavior was the disgraceful failure of individuals,” testified Hester. But he also didn’t hide from the fact that his company failed to detect the rate rigging. “We were slow to recognize that behavior and catch it,” he said at the hearing.

The FSA’s director of enforcement and financial crime, Tracey McDermott, put it a little more strongly. “During the course of the FSA’s work on Libor, RBS provided the FSA with an attestation that its LIBOR related systems and controls were adequate,” said McDermott in statement. “This was not correct. The FSA takes it very seriously when firms tell us they have appropriate systems but do not.”

McDermott went on to point out the effect that all this has on whole investment banking sector. “The extent and nature of the misconduct relating to Libor has cast a shadow on the reputation of this industry, and we expect firms to take steps to ensure that this can never happen again. This is the third penalty we have imposed in relation to Libor-related misconduct. The size and scale of our continuing investigations remains significant.”

John Hourican, who headed RBS’s investment banking division before resigning last week, said that the taxpayer-bailed-out bank was on “cardiac arrest” given all the troubles that began in 2008, so it had to “prioritize dealing with the existential threat to the bank.” That is what may have led to the breakdown in controls that subsequently led to the rate rigging going on under management’s nose.

The company was simply too busy dealing with other, more-pressing threats to pay any attention to what a rate-rigging possibility that some in the bank considered an impossibility.

According to a Wall Street Journal report, former investment banking head John Cameron believes this left the company exposed to a type of behavior not unexpected of traders.

RBS’s former head of investment banking, Johnny Cameron, who left the bank in early 2009, said traders at banks involved in the attempted rate manipulation had more in common with each other than other bank workers, and that their behavior seemingly had little to do with the firms they worked for.

It is “as much about the culture of traders and people who trade things than any bank,” Mr. Cameron said in his testimony to the committee.

He said RBS’s risk managers failed to recognize the potential for traders to influence submissions used to help set interest-rate benchmarks, and that the failure highlighted why traders need “tight and close management.”

“I do think that traders have a particular approach to life and need much tighter controls. By and large, those controls are imposed. What happened in this case was that the risk managers didn’t recognize this as a risk, and those controls were not there,” Mr. Cameron said.

In short: traders are going to be traders and somebody needs to be watching them — but, in this case, nobody was.

Perhaps that vulgar reality about the banking world is what is motivating two other financial sector giants to move away from some of their riskier trading activities, according to the New York Times blog Dealbook.

First, it has this to say about Barclay’s recent decision to lay off 3,700 employees.

Barclays announced a major restructuring that will eliminate 3,700 jobs and close several business units, as the bank reported a big loss in the fourth quarter of 2012.

The overhaul of its operations comes after a series of scandals at the bank, including the manipulation of benchmark interest rates, which led to the resignation of the firm’s former chief executive, Robert E. Diamond Jr.

In a bid to reduce its exposure to risky trading activity, Barclays plans to close a number of operations in Europe and Asia, including a tax-planning unit that has been criticized for tarnishing the firm’s reputation.

“There will be no going back to the old way of doing things,” the chief executive, Antony P. Jenkins, told reporters at a news conference in London on Tuesday. “We will never be in a position again of rewarding people for activities inconsistent with our values.”

Then, Dealbook notes the following regarding UBS’ decision to part ways with the former head of its investment banking.

Carsten Kengeter, the former head of UBS‘ investment bank, has been on the outs at the Swiss banking giant for some time. On Tuesday, the bank announced that he was resigning.

Mr. Kengeter has been head of the bank’s non-core division, which oversees the assets that the bank is hoping to unload as it tries to exit higher risk banking activities.

But when he was running the investment bank, Kweku M. Adoboli, a trader in the London office, was accused of authorized trading that led to a $2.3 billion loss for the bank. Mr. Adoboli  was eventually found guilty of fraud and sentenced to seven years in prison.

The trading loss raised serious questions about the firm’s oversight and led to the resignation of  Oswald J. Grübel, the chief executive of UBS. Also during Mr. Kengeter’s time at the investment bank, UBS became ensnared in an investigation into the manipulation of the global interest rate benchmark Libor, or the London interbank offered rate.

There may be no direct thread running through these announcements.

It could all be a coincidence.

But as regulators continue to scrutinize those who fail to detect the risky, illicit behavior of those working within their firms, it seems as though some banks are starting to embrace the risks of their core business over those that are more difficult to oversee.

The Problem With How We Prepare for Disasters

On January 29, Robert Meyer came to New York to speak about disaster resilience. As a co-director of the Wharton Risk Management and Decision Process Center, few know more about the topic than he does.

The crowd was mostly University of Pennsylvania alums who have migrated north to Manhattan, so the tragedy of Hurricane Sandy was fresh on their minds and it became the most common point of reference used by Meyer to explain how we do — and do not — prepare for disasters.

He detailed offered an array of reasons for why we — as individuals and a society — tend to under-prepare for natural hazards. “We tend to be overly myopic, over-concentrating on a small set of preparation actions,” said Meyer.

Interestingly, however, there is an inverse to this. He noted that some people, particularly those who have gone through a traumatic event in the past, like 9/11, do prepare well. They adopt what he called a “psychology of misfortune” and tend to remain extra vigilant.

“That’s unfortunately an outlier,” said Meyer.

Another noteworthy, yet counterintuitive, aspect of preparedness is that most many people actually overestimate the likelihood of bad events. This is based on research, he said, and flies in the face of the often-held belief that the biggest impediment to good preparation is people saying “it won’t happen to me.

Instead, people believe it will happen to them — they just don’t understand what “it” is.

When surveyed before Sandy, for example, people in the New York area overestimated their risk of getting hit with hurricane-force winds. By a ton. The public in some places put their chances of being hit at some 50%-60%.

The real, scientific likelihood was closer to 10%-20%.

Yet, even though people vastly overestimated their risk, they still maintained an optimistic view about their safety. The huge majority believed the would be safe during the storm.

This speaks to a gross misunderstanding of the risk actually faced.

Outside of a tornado or sustained Category 3 or higher hurricane-strength winds, storm surge and flooding are usually the real risks for most people in most zip codes. Prolonged power outages, particularly in the Northeast in the late fall when cold temperatures are a concern, would also far outrank wind-fueled projectiles as far as a threat to life, security and economy.

In short, people neither understood the science of the storm nor the long-term disruption it could potentially have.

And this wasn’t an anomaly. Meyer noted that, often, it’s not the hurricane itself that you have to prepare for but the two weeks after the hurricane when you don’t have power. But, as with Sandy, many people thought if they got through that first night or two, they would be all set.

This all suggests a lack of understanding, and something all stakeholders in the area of disaster preparedness will have to work to overcome in the months, years and decades ahead.

“We don’t have a problem deciding whether to prepare,” said Meyer. “We have a problem deciding how much to prepare.”

DIY Disaster Survival

Each year, it seems that more and more disasters hit with increasing severity. September 11, the Indian Ocean tsunami, Katrina, Sichuan, Haiti, Japan, Sandy.

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Society has not been able to prevent their devastation, and the impact of each is still being felt today.

Public-sector-led preparedness is the best defense, but all individuals should be ready as well.

To that end, Equip Supply has come up with a little list that may be able to help you survive a disaster. While the neat-o tips on the below infographic may not all be the first agenda items to memorize before a catastrophe hits, keeping the milk jug lamp and battery converter in mind may help get you through a troubling time.

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Managing the Risks of Black Friday

The day after Thanksgiving has become the high-profile shopping of the year.

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From unbelievable deals to special promotions, retailers across the country try to pack in as many customers as they can and move as many units as possible. It’s all about volume and the stores that can scan the most transactions are those that get the most rewards.

But such plans can create major safety hazards that lead to consumer injuries, major lawsuits and severe reputational damage. To shed some light on what stores can do to make sure their Black Fridays are remembered for revenue not regret, I emailed Kelly Brown, the retail/wholesale industry practice leader for Zurich Services Corporation, to ask the following questions.

What is the biggest risk retailers face on Black Friday?

Kelly Brown: A fatality or violent incident that would make national news. Damage to reputation and potentially a large workers compensation or general liability claim.

What types of safety and security issues should every store be sure to address?

Brown: Throughout its 100 years of insuring America, Zurich has helped identify and assess the types of risks to help keep retailers profitable and customers safe. Stores should be sure to address the following issues on Black Friday.

  • Crowd control: Realize ads or celebrity events may create “door buster” activity. Have a plan in place.
  • Provide adequate security or police protection. Control the crowd through physical set up, use of stanchions, tickets or rain checks.
  • Communicate with the crowd to keep control. Customers should enter buildings single file and be advised not to run through the store.
  • Identify a manager (or managers) to be notified in the event of problem customers in order to properly de-escalate the situation.
  • Provide sound customer service at point of sale. Have experienced teams in place to ring up sales and bag merchandise. Ensure cash and wraps are properly signed and stanchions are utilized when appropriate to direct customers.
  • Review emergency response plans. Respond promptly to employee and customer incidents.
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  • Ensure fitting rooms are safe and secure, and furniture, mirrors and doors are in good condition and function properly.
  • Keep rolling racks and other material handling equipment off the sales floor to prevent customer incidents.
  • Ensure exits and aisle ways are clear of storage. Emergency exits do not have storage and are not locked. Doors open when panic hardware is activated.
  • Parking lot lighting should be adequate. Lighting timers should be adjusted to come on at dusk and turn off at sunrise.
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  • Have a see it, fix it approach. All employees should be working to eliminate slip, trip and fall hazards all hours of the day.
  • Incidents or accidents cost money and take away profits. Plan ahead and work to reduce customer and employee incidents.

Have there been any serious legal or insurance claims related to Black Friday?

Brown: Yes. Family members of the employee who was fatality injured in 2008 have filed a wrongful death suit. There are numerous lawsuits each year as a result of persons getting injured during Black Friday openings or getting into conflicts with others over highly desirable merchandise.  

What one piece of advice do you have for any store trying to exploit the sales opportunities while avoiding the risks?

Brown: Retailers need to realize Black Friday deals could literally create “door busters.”  Have a plan in place.