Tuesday, March 18, 2008

Time 13-Mar-08: The New Road to Hell

The New Road to Hell

There was a certain bracing beauty about the original seven deadly sins--pride, gluttony, melancholy (which was dropped in the 17th century in favor of sloth), lust, greed, envy and anger--which among them could account for virtually all the crimes, follies and misfortunes of mankind. Anger gives rise to violence; gluttony to waste; pride to every manner of tragedy and hurt. They were judged sufficient for the past 15 centuries, ever since they were cataloged by Pope Gregory the Great, with an assist from Thomas Aquinas and Dante.

But not anymore. "We are losing the notion of sin," Pope Benedict XVI warns, as attendance at confession plummets. The culture celebrates what once it sanctioned: parents encourage pride as essential to self-esteem; a group of self-rising French chefs has petitioned the Vatican that being a gourmand is no sin. Envy is the engine of tabloid culture. Lust is an advertising strategy; anger, the righteous province of the aggrieved. Most days I'd give anything for some sloth. It was the moral philosopher Mae West who observed that "to err is human, but it feels divine." (She also advised, "When choosing between two evils, I always like to try the one I never tried before.")

So one can understand the impulse of the Vatican to stress a broader range of sins for the modern age. Gianfranco Girotti, the No. 2 Catholic official in charge of confessions and penitence, told the Vatican's newspaper, "You offend God not only by stealing, blaspheming or coveting your neighbor's wife" but also by polluting, cloning, taking drugs, promoting social injustice or becoming obscenely rich. Where the standard sins are individual failings, in a global culture sin is social. "Attention to sin is a more urgent task today," Girotti said, "precisely because its consequences are more abundant and more destructive."

The bishop suggested that the realm of biotechnology was especially dangerous, which reflects church teaching that destroying an embryo equates with murder. But the original mortal sins had as much to do with attitudes as with acts. Greed might lead to theft, lust to adultery, but the sin began in the heart. Yet modern research does not seem wicked to many suffering patients or the doctors who hope to cure them; the church's sin is their salvation. Likewise the accumulation of excessive wealth: leave aside the historical irony of this charge issuing from the Vatican. What do we make of Bill Gates, the Great Acquisitor, who, as a philanthropist, is now arguably the greatest individual force for good around the world? Does it not seem as if he has grasped the eternal somewhere along the way?

Then there is the question of punishment. In Dante's purgatory, the punishment for envy was to have your eyes sewn shut with iron wire. But these were personal punishments for individual crimes. When societies sin--dismissing the poor, despoiling the planet--who, exactly, should pay, and how? I am responsible for the lies I tell or the fries I crave and have a duty to give to the poor. But what about social injustice? How do I dissect the sources to find the sin? I try not to litter, but I have to drive. Am I a sinner on days I fail to carpool?

This is the most confounding part of the notion of social sin. Sin, unlike crime or folly, is a spiritual notion: for Muslim or Jew or Christian, sin is the saboteur that keeps us from grace, separates us from God. The new list is about what separates us from one another; it makes abstract the failings that once were intimate and in the process may make sin smaller, not bigger or more relevant. Private faith already speaks to public duty, as Mohandas Gandhi suggested with his version of the seven deadly sins: "Wealth without work, pleasure without conscience, science without humanity, knowledge without character, politics without principle, commerce without morality and worship without sacrifice." The responsibility rests with the individual, but that includes the duty to take care of others as well as your own soul.

Monday, March 17, 2008

Fortune 29-Jan-08: Prosecutor seeks fraud charge for rogue trader

Prosecutor seeks fraud charge for rogue trader

French prosecutor vows to appeal judge's decision to forgo fraud charges against trader Jerome Kerviel.


France rogue trader charged
Securities trader Jerome Kerviel out of jail but facing charges in $7-bil French bank fraud case. Jim Bittermann reports

PARIS (CNN) -- The French prosecutor who sought charges against trader Jerome Kerviel for a $7.2 billion loss at Societe Generale said Tuesday he plans to appeal a judge's decision to throw out a charge of fraud.

Judge Renaud Van Ruymbeke on Monday filed preliminary charges of abuse of confidence and illegal access to computers against the 31-year-old trader, but he did not agree to charge Kerviel with fraud.

Paris prosecutor Jean-Claude Marin said he plans to appeal the judge's ruling to a higher court, which could reinstate the fraud charge.

The abuse of confidence charge could bring a maximum sentence of three years in prison, lawyers have said, because it is a non-aggravated charge. Had the charge been aggravated, it would have brought a maximum of seven years behind bars.

The judge freed Kerviel under judicial control after Monday's hearing. Kerviel's lawyers have not said where their client is now.

Societe Generale announced last week that Kerviel was responsible for the massive fraud at the bank. It said he had exceeded his trading limits and made fraudulent transactions involving European index futures.

The bank and Marin have said they believe Kerviel acted alone.

But French President Nicolas Sarkozy said Monday that the bank's management had to take responsibility for its acts, indicating he wants the bank's board to take strong action against senior management when it meets Wednesday.

French Finance Minister Christine Lagarde has said she wants the board to decide the fate of bank Chairman and Chief Executive Daniel Bouton.

The bank's shareholders have filed a legal complaint seeking to find out what role Societe Generale may have played in the fraud.

London's Financial Times reported Tuesday that the Eurex derivatives exchange became concerned about Kerviel's trading positions as early as November 2007 and alerted Societe Generale (SCGL.Y).

If the report is true, shareholders and the board will want to know why the bank did not reveal Kerviel's activity and the staggering loss until last week.

Marin said Kerviele told investigators he knew he was doing wrong, but that his actions were no different from those of other traders. Kerviel, said Marin, said he simply got in over his head.

CNN's Jim Bittermann contributed to this report. To top of page

Fortune 28-Jan-08: France details charges against rogue trader

France details charges against rogue trader

Prosecutors plan to seek 3 charges against Jerome Kerviel, who is alleged to have carried out a $7 billion fraud.



Futures trader rounded up
CNN's Jim Bittermann reports on a futures trader blamed for $7 billion in losses at French bank Societe Generale.

PARIS (CNN) -- French prosecutors said Monday they plan to pursue four charges, including fraud, against the trader who allegedly carried out a $7.2 billion fraud at French banking giant Societe Generale.

The charges also include breach of confidence, misrepresentation, and illegal use of logins, which relates to forgery. But the charge of fraud is the most serious and carries a maximum of seven years in prison and a fine of 750,000 Euros ($1.1 million).

Paris Prosecutor Jean-Claude Marin briefed reporters about the charges four days after Societe Generale announced the fraud scandal, the largest ever by an individual in the securities business.

Police have been questioning the trader, 31-year-old Jerome Kerviel, since Friday.

Marin planned to go before a Paris judge Monday to request the charges, because under French law, a suspect may be held for only 48 hours without charge. That deadline expires for Kerviel on Monday afternoon.

The prosecutor said he would also ask the judge to grant Kerviel's continued detention to allow police more time to question him.

In announcing the stunning fraud last week, Societe Generale said Kerviel alone was responsible. Marin said Monday that investigators and prosecutors support that theory, though they continue to search for any accomplices Kerviel may have had.

"The investigation shows very clearly at the moment that Mr. Kerviel acted alone and the investigation has not demonstrated any complicity," Marin told reporters.

In questioning so far, Marin said, Kerviel has been cooperative and has admitted exceeding his credit limit in order to make fraudulent transactions involving European index futures.

"I exploded my credit line," Marin quoted Kerviel as saying.

But Kerviel also defended himself, pointing out to police that in 2007, the bank felt he was doing such a good job that it offered him a 300,000 Euro ($440,000) bonus. The bank discovered Kerviel's fraud before paying the bonus.

Kerviel told investigators that his actions were no different to those of other traders -- the only difference with him is that he was caught.

Both Marin and Societe Generale (SCGL.Y) say they don't believe Kerviel profited from his alleged crime, but was merely playing with the markets and got in too deep.

Investigators searched Kerviel's apartment in an upscale Paris suburb Friday and carried off a briefcase and other material. Financial investigators also searched the headquarters of Societe Generale.

Marin is acting on a legal complaint filed by the bank against Kerviel. A second legal complaint, filed by the bank's shareholders, seeks to find out what role Societe General's role is in the fraud.

CNN'S Jim Bittermann and producer Niki Cook contributed to this report. To top of page

Fortune 12-Mar-08: Second SocGen trader in custody

Second SocGen trader in custody

French judicial officials say they are questioning another trader at Societe Generale in the investigation of the rogue trader Jerome Kerviel.



PARIS (AP) -- Judicial officials said Wednesday that another trader at French bank Societe Generale has been taken in for questioning in connection with a multibillion dollar trading scandal.

Investigators are trying to determine whether Jerome Kerviel - the trader blamed by the bank for unauthorized trades that cost it nearly $7 billion - had accomplices, judicial officials said. They were speaking on condition of anonymity because the investigation is ongoing.

Societe Generale spokeswoman Laura Schalk confirmed that investigators searched its offices on Wednesday, taking some records and detaining the employee, whose name they declined to provide. She called the search part of "normal proceedings" in the probe.

The bank said a preliminary investigation shows Kerviel acted alone, but investigators continue searching for others who may have played a role.

Investigating magistrates questioned an employee of Newedge, a joint venture between Societe Generale and Calyon bank, on several occasions last month.

Kerviel was taken into custody following the bank's January disclosure of its massive losses. He faces preliminary charges of forgery, breach of trust and unauthorized computer activity.

A French court is scheduled to rule Friday on whether Kerviel should be freed from a Paris prison during the investigation. Investigators have said they want to prevent Kerviel from speaking with accomplices, if they exist.

Societe Generale says Kerviel forged documents and e-mails to suggest he had hedged his positions. To top of page

Fortune 11-Mar-08: Societe Generale raises $8.4B in share offering

Societe Generale raises $8.4B in share offering

The bank says strong demand is a 'vote of confidence' following a trading scandal and subprime losses.


PARIS (AP) -- Societe Generale SA, seeking to restore its status as a top-tier bank after a massive trading scandal, said Tuesday it had raised $8.44 billion through a share offering.

The bank attained its target sum with even more investor interest than it had expected, which may help the bank fend off predators.

The share issue was oversubscribed by 184%, with total subscription orders of $15.65 billion, the bank said in a statement.

The funds will help plug a gap in SocGen's finances after it lost more than $7 billion unwinding what the bank says were unauthorized bets by trader Jerome Kerviel -- and after $3.8 billion in write-downs linked to the U.S. subprime mortgage crisis.

Demand for the bank's shares, especially in a volatile banking market, "is a real success and a vote of confidence from shareholders for Societe Generale, its strategy, its management," said Guillaume Gabaix of Morgan Stanley, which helped manage the sale.

The bank, in addition to boosting its financial standing, plans to use the new capital to expand in Russia, Brazil, India and central and eastern Europe.

"The success seen in this operation will allow Societe Generale to pursue its development" in sectors and regions with growth potential, the bank said in a statement.

SocGen said its tier 1 ratio, a measure of financial strength, was restored to 8%.

While existing shareholders had preferential subscription rights, most of the new shares were bought by new or former shareholders.

New shareholders had to purchase four rights to buy one new share, bringing the theoretical cost of SocGen shares after the capital increase to $108.91.

SocGen's (SCGL.Y) shares have plunged in recent months. They were trading up 1.7% at 65.20 euros ($100) in Paris.

Societe Generale bank has become the subject of takeover rumors since the trading scandal was revealed in January.

Societe Generale's trading and subprime losses led to a fourth-quarter loss. Annual profit was just 947 million euros ($1.45 billion), compared with 5.2 billion euros in 2006.

A French investigation into alleged rogue trading at Societe General is ongoing.

A French court will rule Friday whether trader Kerviel can be freed from Paris' La Sante prison during the probe. Preliminary charges were filed against Kerviel for forgery, breach of trust and unauthorized computer activity.

Societe Generale says Kerviel forged documents and e-mails to suggest he had hedged his positions. To top of page

Fortune 21-Feb-08: Probe at SocGen finds no conspiracy

Probe at SocGen finds no conspiracy

French bank investigation finds no complicity behind big trading loss, says trader acted alone.

France rogue trader charged
Securities trader Jerome Kerviel out of jail but facing charges in $7B French bank fraud case. Jim Bittermann reports

PARIS (AP) -- Officials investigating a multi-billion-euro trading scandal at French bank Societe Generale said that a preliminary internal probe found that the only trader implicated in the scandal acted alone.

An internal investigating committee said Wednesday night that it found no evidence that anyone helped futures trader Jerome Kerviel hide his positions or that he may have made personal monetary gains through the allegedly unauthorized positions.

Societe Generale has said Kerviel began trading illicitly in 2005 for modest amounts, which became more substantial from March 2007 and built up to bets totaling €50 billion ($73.28 billion) discovered on Jan. 18, which the bank then liquidated.

The bank revealed almost €5 billion ($7.33 billion) in losses from closing the positions on Jan. 24, saying Kerviel forged documents and emails to suggest he'd hedged his positions.

Critics of the bank's version of the events say Kerviel couldn't have amassed such large positions without attracting the attention of his colleagues.

In an interim report, the investigators at France's No. 2 bank said control procedures failed to stop Kerviel, 31, because the bank didn't follow up on warnings.

"At this stage of the investigations, there is no evidence of embezzlement or internal or external complicity," according to a report by a committee charged with investigating the losses.

The bank failed to identify the fraud due "to the efficiency and variety of the concealment techniques employed by the fraudster, secondly to the fact that operating staff did not systematically carry out more detailed checks, and finally to the absence of certain controls (that) might have identified the fraud."

Investigations are continuing and will be enlarged to cover the activities of other traders, the report said.

Headed by board member Jean-Martin Folz, former CEO of PSA Peugeot Citroen, the committee of three independent directors is being helped by more than 40 bank inspectors and auditing firm PricewaterhouseCoopers to examine the causes and sizes of the trading losses and look into whether the bank accurately communicated information about the scandal.

The committee said it is declining to make any conclusions about any responsibility of Kerviel's superiors at this stage. It said it plans to deliver a full report before the bank's shareholders meeting May 27.

The case is also being investigated by the France's market authority, its banking commission and a French court.

Several weaknesses in Societe Generale's procedures have been identified, and correcting them right requires tightening computer security, reinforcing controls and taking more account of the possibility of fraud, the committee said. To top of page

Fortune 1-Feb-08: 4 things I learned from Société Générale

February 1 2008: 1:13 PM EST

4 things I learned from Société Générale

We still don't know how the infamous French trader managed to build a $72 billion position on the sly, but we have gleaned a few other useful tips.

By Peter Gumbel, European editor

daniel_bouton.la.03.jpg
Chief executive Daniel Bouton.

(Fortune) -- Two weeks after the scandal first broke, we still don't know exactly how Jérôme Kerviel, a lowly 31-year-old trader on the arbitrage desk at French bank Société Générale managed to build a $72 billion position in European stock index futures.

It's also not clear whether the bank will survive the scandal intact: hit by $7 billion in losses, chief executive Daniel Bouton is under enormous pressure to step down, and Paris is buzzing with talk - so far unconfirmed - that archrival BNP Paribas may be looking to launch a takeover bid.

But already, there are four lessons to be drawn from the Kerviel affair:

1. Nobody is infallible.

Société Générale, better known in the English speaking world as SocGen, had every right to be proud of its reputation. Under Bouton's stewardship, it transformed itself from the Cinderella of French banking into a world leader in equity derivatives.

For years that was a hugely profitable business, and SocGen's prowess earned it numerous plaudits, including being named the best equity derivatives operation in the world by Risk Magazine last year. That's fitting because SocGen boasted about excelling at risk management, not just trading. Its internal controls were famously tough: the trading room has five levels of hierarchy. Each of those levels has a clear set of limits and procedures that are checked daily by a small army of compliance officers.

Alongside these regular controls, the bank also has a shock team of internal auditors who descend on a corner of the bank without warning and pull apart its operations to ensure they conform to bank rules. Yet Kerviel was able to circumvent all these controls.

More remarkably, he was able to do so for more than two years, according to his testimony to prosecutors. He was quizzed several times, including once last November after the derivatives exchange Eurex queried one of his positions, but every time he managed to persuade his superiors that nothing untoward was happening (including, he acknowledged, by faking emails from counterparties).

Christian Noyer, the governor of the Bank of France, told a Senate hearing this week that before the scandal broke his inspectors had made some recommendations to SocGen to tighten some of its internal procedures.

But Kerviel has punched a big and potentially irreparable hole in the bank's reputation. "The techniques I used aren't at all sophisticated and any control that's properly carried out should have caught it," he told prosecutors, as if to rub it in.

2. If you hire a bunch of young alpha males and pay them big money to take risks, some will inevitably cut corners.

Kerviel is a stunning example of a trader breaking the rules, but he's by no means alone. One of the dirty little secrets of trading floors around the world is that every so often, somebody is caught concealing a position and quickly - and quietly - dismissed.

Angela Hayes, a financial services partner at London law firm LG, has been involved in three such cases in the past year alone. In one case, a rogue trader concealed an unauthorized position for three months before being caught.

"People do this not infrequently, and the question is how quickly compliance systems pick it up," Hayes says. "Mismarking" the value of your position, she says "is a classic. It's often only picked up when the individual goes on holiday."

That might be shocking for people unfamiliar with the macho, high-risk, high-reward culture of most trading floors, but consider this: the only way banks can tell who will turn into a good trader and who won't is by giving every youngster it hires a chance to show his mettle. That means allowing even the most junior traders to take aggressive positions.

This leeway is supposed to be matched by careful controls (see above), but clearly they aren't foolproof. Kerviel only took four days vacation last year, deliberately so as not to be caught out. From his testimony to prosecutors, it's clear he felt inferior to his colleagues about his education - he wasn't a graduate of one of France's Grandes Ecoles. That may well have made him try to impress even harder.

3. $72 billion isn't what it used to be.

Kerviel received a base pay for 2007 of $87,000 before tax and a $435,000 bonus, or half what he was asking for. In his testimony, he says he had actually made an $80 million profit for the bank last year, but couldn't tell anyone because that would have led to his unmasking.

His testimony is self-serving, of course, but what's striking is the disparity between the sums he was earning and the amounts he was allowed to play with in his job. He told prosecutors that his first big career win came early on as a trader, in 2005, when he shorted stock of German insurer Allianz (AZ) and earned the bank $720,000. Under such circumstances, it's easy to see how numbers become so abstract that they bear no relationship to reality.

The $72 billion position he amassed in the end is the equivalent to the gross domestic product of Tunisia. But to Kerviel the whole thing appears to have seemed more like a game. Proponents of financial market globalization like to talk about the huge advances that have been made by innovative financial engineering, such as the advent of exotic financial derivatives of the type SocGen packages, sells and trades.

But taken together with the U.S. subprime crisis - in which U.S. banks packaged thousands of deadbeat mortgage loans into leveraged securities that they then sold on to often unwitting investors - one of the big questions raised by the Kerviel affair is whether the world of finance has lost touch with the real world it's supposed to be financing, and what's needed to bring it back into line.

The total volume of financial derivatives of one sort or another floating around the world greatly exceeds the world's GDP. A scandal of this nature may be just what the doctor ordered to make regulators and the banks themselves ponder whether that's so smart.

4. France is, well, France.

The difference could hardly be bigger: when Britain's Northern Rock ran into trouble last year during the summer credit squeeze, the government rallied to its aid.

In France, by contrast, when SocGen hit the floor, the instinctive government reaction was to put the boot in. Government officials have been tut-tutting to the French press about the bank's conduct, and openly complaining that they weren't informed of the crisis until after SocGen had liquidated Kerviel's position.

President Nicolas Sarkozy this week openly called for CEO Bouton to quit. Moreover, his aides have been stating very publicly that they won't tolerate any attempted takeover bid for SocGen by a foreign bank - and are working hard behind the scenes to coax cross-town rival BNP Paribas into making a move. By doing so, they are breaching European Union rules on open markets.

What's striking is that SocGen is a bank with a wide range of shareholders in France and around the world - but not, as it happens, the French government. Sarkozy has been shaking up a lot of hide-bound traditions in France since he became president last May, but the sort of nationalist, dirigiste approach to business that dates back to Jean-Baptiste Colbert, Louis XIV's finance minister, isn't one of them.

That doesn't make life easier for Bouton and his beleaguered bank. To top of page