Lies, Damn Lies and LIBOR

I’ve been hesitant to write about the LIBOR scandal because what I want to say goes so much further. We now know that Barclays and other major global banks have been manipulating the calculation of LIBOR through the quotation data they provided to the British Bankers Association. What I suspect is that this is not a flaw but a feature of modern financial markets. And if it was happening in LIBOR for between 5 and 15 years, then the business model has been profitably replicated to many other quotation-based reference prices.

Price discovery is not a sexy function of markets, but it is critical to the efficient allocation of scarce capital and resources, and to the preservation of the long term wealth of investors and the economy as a whole. If price discovery is compromised by manipulation, then we will all be gradually impoverished and the economy will be imbalanced and unstable.

Over the past 25 years the forces of regulatory liberalisation and demutualisation of markets have allowed the largest global banks to set the rules, processes and infrastructure of global markets to their own self-interested requirements. Regulatory complexity and harmonisation benefit the biggest banks disproportionately, eroding the competitive stance of smaller, local banks and market participants. This has led to a very high degree of concentration in a very few banks in most markets that determine global reference rates for interest rates, currencies, commodities and investments. If those few collude with each other – as Adam Smith warned was always the result – then they impoverish us all.

We have allowed markets to evolve in ways that make supervision of markets almost impossible. Many instruments trade off-exchange or in multiple venues, making it nearly impossible for any single investor or regulator to supervise trading to prevent or detect manipulation or abuse. Many financial instruments are now synthetic compilations of underlying assets and derivatives, with multiple pricing components determined by reference to other prices or rates. Demutualisation and regualtory reforms stripped exchanges of the self-regulating interest in preventing manipulation and abuse by their members as mergers, profits and market share came to dominate governance objectives.

Off-exchange trading has been allowed to proliferate, creating massive ill-transparent and largely illiquid markets in almost every sector of finance. Pricing in these markets is based around calculated reference rates which, like LIBOR, are open to abusive quotation and data input practices. Many OTC derivatives are priced and margined using reference rates calculated against quotations unrelated to actual reported transactions. Synthetic securities such as ETFs are another example of an instrument that prices off a reference rate rather than the actual contents of an underlying asset portfolio. These instruments are open to consistent abusive pricing as a means of incrementally impoverishing those market participants who are the krill on which the global banks thrive.

How has it been possible for banks to grow from less than 4 per cent of the global economy to more than 12 per cent of the global economy without impoverishing others? How has it been possible for profits in the financial sector to be consistently higher than profits from other human endeavors with more tangible products or impacts on our daily lives – such as agriculture, transport, health care or utilities? How has it been possible that banks derive their profits not from the protected and regulated activities of deposit-taking and lending, but from the unsupervised and often unknowable escalation of off-balance sheet assets and liabilities? How has it been possible that pension savings have increased while pension returns have declined to the point where only bankers can expect a comfortable old age? Global banks have built the casinos and tilted the odds in the house’s favour by rigging the data that determines the outcomes of most of the bets on the table. Every one of us that sits at the table long enough – whether saver, investor, borrower, taxpayer or pensioner – will be a loser. It is not a flaw; it is feature.

There is a reason that financial infrastructure used to be dominated by mutuals. Mutual gain and mutual liability created a natural discipline on excess and on rogue elements that would impoverish their peers.

There is a reason why trading was restricted to exchanges, and exchanges and clearing houses used to be self-regulating, and even had responsibility for resolution and liquidation of their members. Direct responsibility, authority and financial control meant that they could exert very powerful and immediate consequences on those members identified as abusing the market or investors.

The investigations into market rigging are just beginning. Paul Tucker opened the box yesterday when he admitted that he could not know whether the abuses discovered in setting LIBOR had spread to other synthetically calculated reference rates. As events unfold, it may be that we begin to appreciate just how deeply vulnerable we have become to predation by bankers with no stake in a local economy or in the local quality of life of the people they impoverish. A reckoning is needed, and then a rebalancing toward more local and mutual provision of essential services and market infrastructure that servers markets rather than those few bankers on the board.

As a start, regulators should consider punitive restrictions on the sale of instruments which price on reference rates unrelated to reported market transactions or underlying asset portfolios. Pricing should reflect real market transactions rather than guesstimates talking the banker’s book.

We need to rethink as a society what banks are for, what exchanges are for, and what clearing houses are for. If they are for the profit of the few at the expense of the many now, that is because it is the business model we have permitted. If banks, markets and clearing are protected because they have a social function, we should make certain that social function is adding value. If it isn’t, then we need some new models and some new rules.

This post originally appeared at London Banker and is posted with permission.

10 Responses to "Lies, Damn Lies and LIBOR"

  1. Oliver   July 11, 2012 at 2:14 am

    Price discovery is not a sexy function of markets, but it is critical to the efficient allocation of scarce capital and resources, and to the preservation of the long term wealth of investors and the economy as a whole. If price discovery is compromised by manipulation, then we will all be gradually impoverished and the economy will be imbalanced and unstable.

    The capital debates are associated with the very notion of capital. Classical political economy authors, from William Petty to Karl Marx, including Quesnay, Smith and Ricardo, treated the process of production as a circular one. In this context, capital is a produced means of production, rather than a factor of production used in the process of obtaining final goods. The most important result of the capital debates is that, once capital is defined as produced means of production, there is no direct relation between the relative abundance or scarcity of the means of production and its remuneration. Distribution, in other words, is not governed by supply and demand.

    Since the Marginalist Revolution, and the rise of the so-called neoclassical school, the notion that relative prices are determined by supply and demand, and that these reflect the relative abundance or scarcity of all goods and services – including factors of production – became consensual. As a result, the supply and demand for capital became the determination for the remuneration of capital. The more abundant is capital, the lower its remuneration, and vice versa if it is scarce. Conflict has no role to play in the determination of distribution, and social classes vanished entirely from analysis.

    Additionally, substitution leads to the full utilization of resources and their optimal allocation. If capital is scarce and expensive, and labor abundant and cheap, economic agents substitute labor for capital and fully utilize labor. Thus, despite the abundance of labor, its relative cheapness, through the principle of substitution, leads to full employment. Indeed, unhampered markets do lead to the veritable best of all possible worlds.


    • spider   July 11, 2012 at 10:53 am

      In the best of all possible worlds you would have an immediate lobototomy or at least emergency treatment for life-threatening constipation

    • Astonished   July 17, 2012 at 6:21 am

      You are copying from the linked text without reading it in full nor fully comprehending what you did read. Go back and try again.

  2. terry   July 11, 2012 at 8:26 am

    If you are saying that the unhampered banks using LIBOR in the way that they did leads to the best of all possible worlds, I must disagree.

    • Oliver   July 11, 2012 at 2:26 pm

      No, that's not what I'm saying at all. Maybe the quote from the blog is slightly out of context. I actually agree with most of the article although that particular passage seemed philosophically weak in the sense of the blog I quoted, namely that the whole concept of supply & demand wrt capital is flawed (although possibly less so for financial as opposed to 'real' capital). Maybe best to read the whole thing or else just ignore it, seeing as I'm apparently constipated…

  3. spider   July 11, 2012 at 10:18 am

    Punishment to fit the crimes would result in the complete collapse of England and mortal wounds to America…so nothing much will change. Brooksley Born advocated much less sweeping reform and Larry Summers responded by telling her it would result in the greatest depression ever experienced in modern times. I believe him.

  4. R. Coutinho   July 11, 2012 at 11:43 pm

    If'n we's gonna have any law an' order in this here [society], we need to take all them bankers and financiers out in the back and shoot 'em down like dogs…

  5. Helen Macdonald   July 16, 2012 at 7:46 pm

    Let's face it dear friends, we have all been had.

  6. Douglas   July 17, 2012 at 8:32 am

    This scandal begs a second congressional hearing on the existence of a banker´s "Cosa Nostra". A new Valachi in a banker suit, nothing less. we could even suggest moving the comptroller of the currency´s as well as the British comptroller´s office to a Las Vegas casino. After all, casinos there count with an elaborate video cameras surveillance structure which enables security detect unusual moves among players. ain´t this so?