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

Fortune 30-Jan-08: SocGen board rejects CEO resignation

SocGen board rejects CEO resignation

French bank to assess the causes and extent of its losses, including a nearly $3B writedown due to the U.S. subprime mortgage crisis.


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 board of troubled French banking giant Societe Generale said Wednesday that Chairman and Chief Executive Daniel Bouton will stay on despite massive trading losses of more than $7.2 billion.

The board said it rejected Bouton's resignation, as well as that of co-Chief Executive Phillipe Citerne, his second-in-command.

The announcement came at the end of a special board meeting at Societe Generale's headquarters in the Paris suburb of Neuilly-sur-Seine to discuss the losses, which Bouton has attributed to fraud by one of the bank's traders.

Jerome Kerviel, who traded European index futures, was charged Tuesday for his role in the $7.2 billion loss, though he has not been charged with fraud.

Wednesday was the second time this week that Bouton offered his resignation and the second time the board rejected it.

Boardmembers also announced the creation of a special committee to look into the causes and extent of the losses the bank incurred. In addition to the alleged fraud, the bank last week also announced a nearly-$3 billion writedown due to the U.S. subprime mortgage crisis.

The special committee will include independent directors, the board said, and will look into measures that have been put in place to prevent a recurrence. The committee will call on the audit services of PricewaterhouseCoopers, the board said.

Other problems facing the board are a lawsuit from a group of shareholders and an investigation by the French banking regulatory agency.

As the board was meeting Wednesday, employees of Societe Generale stood in front of the headquarters to defend the company and lend their support to Bouton.

"We support him, we completely trust him," said one employee, who didn't give a name.

"We need him to help us get out of this," said another. "I think there is no other guy able to help Societe Generale get out of this impasse."

Among those who disagree are French President Nicolas Sarkozy and his finance minister, Christine Lagarde. Sarkozy this week urged the bank's board to "assume their responsibilities," indicating he wanted Bouton to go.

The problems have led Societe Generale's stock price to drop, leading to speculation of a buyout by other banks.

Paris Prosecutor Jean-Claude Marin has said he will continue to pursue fraud charges against Kerviel, who was charged Tuesday with abuse of confidence and illegal access to computers.

Kerviel is free under judicial control but faces a maximum of three years in prison for abuse of confidence.

Marin and the bank have said they believe Kerviel acted alone in accumulating the huge losses, though Kerviel has said he was not the only trader taking out large, risky bets on the markets. To top of page

Fortune 24-Jan-08: Update: Societe Generale, a fraud for the ages

The business stories that matter, by Fortune's Colin Barr

January 24, 2008, 12:19 pm

Update: Societe Generale, a fraud for the ages

U.S. banks certainly have their problems, but for the moment no other institution can match France’s Societe Generale when it comes to sheer embarrassment. The bank said Thursday that a rogue futures trader managed to lose it more than $7 billion with a series of bogus trades over the course of the past year. The trader, identified by the Financial Times as Jérôme Kerviel, is being dismissed, the bank said. Bloomberg reports that the rogue trader ”didn’t enrich himself from the fraudulent trades” and cooperated over the weekend with the bank’s investigation.

SocGen’s black eye is among the worst losses on record, dwarfing the 1995 scandal in which trader Nick Leeson put Barings Bank out of business with a $1.4 billion futures trading loss and the 2006 Amaranth blowup in which Brian Hunter blew up a hedge fund with more than $4 billion worth of wrong-footed bets on natural gas prices.

The losses mean the bank, like struggling U.S. titans such as Citi (C) and Merrill Lynch (MER), will have to go to market to raise billions of dollars to rebuild its capital cushion for future losses. What’s the common thread? An analyst at a consulting firm tells the Associated Press that the problem, as with the mortgage mess stateside, lies with so-called risk management. “The situation reveals that banks, despite the implementation of sophisticated risk management solutions, are still under the threat that an employee with a good understanding of the risk management processes can getting round them to hide his losses,” he said.

SocGen chief Daniel Bouton offered to resign in the wake of the rogue trades but was turned down by the board, for reasons that weren’t explained. “He has not yet received his bonus for 2007, but I don’t think he will claim it,” Bouton said of Kerviel at a press conference, the FT reports. With any luck Bouton won’t claim his either.

Saturday, March 15, 2008

BW 30-Jan-08: Christine Lagarde on the SocGen Scandal

Facetime January 30, 2008, 5:46PM EST

Christine Lagarde on the SocGen Scandal

Maria Bartiromo met with the French Finance Minister, who notes that Société Générale managed to turn a profit in 2007 despite the $7 billion loss

http://images.businessweek.com/story/08/370/0806mz_facetime.jpg Christine Lagarde DENIS/REA


As BusinessWeek went to press on Jan. 30, events surrounding the Société Générale scandal were moving fast. The bank's board decided not to ask CEO Daniel Bouton to step down in the wake of a trading debacle that cost the pillar of the French financial Establishment more than $7 billion; the government was strongly discouraging talk of a takeover by any foreign institution; French President Nicolas Sarkozy, British Prime Minister Gordon Brown, German Chancellor Angela Merkel, and other European leaders were meeting in London to discuss financial transparency; and French Finance Minister Christine Lagarde was readying a report on the incident set off by trader Jérôme Kerviel. When the scandal broke, I flew to Paris and on Jan. 28 spent an hour with Lagarde, a lawyer who spent much of her career at the global firm Baker & McKenzie.

Everyone wants to know how it is possible that a 31-year-old trader at SocGen was able to cause the largest banking crisis ever.

Largest banking crisis ever? I don't know about that. Let's bring things into perspective. It's a loss of nearly €5 billion, and based on the latest information we have from the criminal investigation taking place, it was caused by a single individual—an extremely computer-literate trader who essentially broke through five different firewalls.

How did that happen?

This is exactly what I want to know. I want to know three things: What was the chronology and who was involved? Why did the controls that were in place at Société Générale not stop that gentleman from doing what he did? And what new systems can be put in place to prevent that from happening again?

Do you believe it was just this one individual and no others were involved?

I have no reason to believe there were others. In fact, he was a very lonely character [operating] in his own little corner, hiding behind the [computer] screen, hiding behind the keyboard, hiding behind codes.

Do you agree that at the end of the day, it doesn't matter how many risk controls you have in place if someone wants to commit fraud?

That's what the president of the bank said to me in the last couple of days.

Then what can your office do to ensure that something like this never happens again?

We're talking about, I think, three levels of transparency. Transparency of financial instruments, and that addresses the subprime issue. [We need] clear analysis of financial instruments. The second has to do with disclosure. Financial institutions, insurance companies, all of them have to be transparent and disclose regularly the entire reality of their balance sheets and accounts. The third level of transparency is relationships within trading rooms and between trading rooms and control areas. Clearly, the professionals have to come up with proposals so that what happens on the trading floor does not collude with what happens in the control area. This gentleman was knowledgeable about the operating systems within the bank because he had worked in the back offices prior to joining the trading floor.

President Sarkozy [who wasn't told about the scandal until Jan. 23] was clearly upset about the delay in learning about this. Should the board of Société Générale have told the French government sooner?

It would not have been for the board of the bank to alert authorities because Société Générale is a private bank. What the bank rightly did was to inform the governor of the central bank, Banque de France, on Sunday [Jan. 20], as soon as they found out the magnitude of the situation. [But] it is a matter that will be reviewed.

It sounds like the Bank of France should have given that information to the President when it found out.

Again, that is going to be under review, but the governor of the central bank is a respectable gentleman. There's no reason to believe at this stage that he wanted to hide anything.

It has been reported that, according to prosecutors, SocGen was made aware of irregular trades in 2005. And then in November of last year, they were again made aware of questionable trades by this very same trader.

It's certainly going to be part of our investigation, and I have my people working on that at the moment. I'm going to see what the governor of the central bank and the president of the AMF, which is the equivalent of the SEC, have to say about why they did not disclose earlier.

There are reports indicating that your government will not allow SocGen to be acquired, particularly by a foreigner. Correct?

Point one, SocGen generated profit in 2007 despite what happened. Point two, they've managed to secure and guarantee a capital increase of over €5 billion. They are not under the constraint of finding a partner or major support in the banking community…. [As far as a foreign takeover,] it is the job of government to be sensitive to whatever might be a threat to shareholders or employees of SocGen.

Will we see injections of capital as we did with Abu Dhabi investing in Citigroup? Would you allow that?

Don't forget, SocGen has indicated that it has launched a [capital] increase, which will be secured by existing shareholders, of which a good percentage are already foreigners.

What do you think the implications of all this will be?

I think it will bring a sense of urgency for everyone. I was delighted to see Prime Minister Brown also advocating better regulation, more transparency, and improved governance. We're all going in the same direction. But it's interesting that the professionals themselves are now saying we need to do something, which is not usually the case.

Has the U.S. housing slowdown caused cracks in the vibrancy story throughout Europe?

Certainly the U.S. housing slowdown has tempered vibrancy. All of Europe's economies will be slowed to some extent.

Maria Bartiromo is the anchor of CNBC's Closing Bell .

BW 28-Jan-08: SocGen Missed Kerviel's $73B Stock Bet

Europe January 28, 2008, 1:03PM EST

SocGen Missed Kerviel's $73B Stock Bet

The French bank admits that its internal controls failed to catch the rogue trader's $73 billion in bets on European indexes

Societe Generale confirmed on Sunday that Jerome Kerviel, a junior trader at the French bank, had evaded its controls to bet €50 billion ($73.5 billion) -- more than the bank's market worth -- on European markets. It admitted that it spent three days last week trying to offset those bets just as European markets were crashing.

Kerviel handed himself over to police on Saturday and officials say he is cooperating with the investigation. Jean-Michel Aldebert of the financial section of the Paris prosecutors office said that he was providing "interesting" information. Kerviel is expected to appear before a judge later on Monday.

The young trader has enlisted the help of one of France's leading barristers, Christian Charriere-Bournazel, who is president of the French bar, to help with his defence. Charriere-Bournazel insists his client had just been doing a trader's job by taking on risk and has accused the bank of setting him up for a public "lynching" by letting him carry all the blame for the €4.9 billion in losses it announced last Thursday. Kerviel had been "thrown to the wolves," Charriere-Bournazel told the Associated Press on Sunday: "He didn't steal anything, take anything, he didn't take any profit for himself." Charriere-Bournazel claims that pointing the finger at Kerviel "allows the considerable losses that the bank made on subprimes to be hidden."

The bank said Sunday that the 31-year-old junior trader had ploughed €30 billion into the Eurostoxx index, and bet another €18 billion on the DAX in Germany and €2 billion on the FTSE in London, far in excess of SocGen's market capitalization of €35.9 billion. Once the market failed to turn in his favor, he covered his tracks by entering fictitious offsetting trades into the banks computer system.

The similarities to Nick Leeson, the rogue trader who brought down the United Kingdom's Barings Bank in 1995, are startling. Both were trained by their own banks to detect fraud and then used those skills to work around those controls.

According to SPIEGEL, in early January Kerviel allegedly bought 140,000 so-called DAX Futures, which are traded on the German-Swiss Eurex stock market. By mid-January, Kerviel is said to have made losses worth €2 billion. This was spotted by the German division of brokerage business Newedge, which handles SocGen's Eurex business. SPIEGEL reports that the bank's directors received the first warning signals about the fraud from Germany.

The bank is facing growing criticism for the way it reacted after it discovered the fraud last weekend. SocGen delayed making the fraud public while it rushed to unwind Kerviel's losing bets at the beginning of European trading last Monday, Jan. 21. The bank then spent three days selling or offsetting these bets just when the markets were plummeting following the drop in the US markets the previous Friday, thus incurring even higher losses. The bank insists it unwound the positions in "a controlled fashion," but there has been criticism that the sell-off caused already jittery markets to fall further and may have even contributed to the US Federal Reserve's decision to slash interest rates.

French Prime Minister Francois Fillon has openly expressed his frustration with SocGen's management for not giving him more warning that problems were brewing at the bank. Finance Minister Christine Lagarde is to submit a report to the prime minister on the affair by this coming Friday.

On Monday, Lagarde insisted that SocGen is not under pressure to merge despite the €4.9 billion losses it has incurred. The Finance Ministry is thought to be rallying around the bank in a bid to stave off any takeover bid by a foreign rival. This follows a warning from Henri Guaino, a top advisor to President Nicolas Sarkozy, that the government would likely intervene if raiders made a move. "The state will not stand idly by if any predator attempts to take advantage of the situation," he told RTL radio on Sunday.

European Central Bank President Jean-Claude Trichet has said that the fraud scandal should lead to better internal risk controls in banks. "The lesson we need to draw from it ... (is the) absolute necessity to really reinforce internal controls and risk controls of all establishments," Trichet told France's LCI television last Friday.

The fraud has alarmed other major banks in Europe. Deutsche Bank boss Josef Ackermann is reported to have ordered an immediate inspection of the bank's internal security systems after hearing about the French scandal.

Provided by Spiegel Online—Read the latest from Europe's largest newsmagazine

BW 28-Jan-08: SocGen Had Been Warned About Kerviel

Europe January 28, 2008, 3:19PM EST text size: TT

SocGen Had Been Warned About Kerviel

Jérôme Kerviel's activities had raised red flags within Société Générale months before the trader was charged. The French bank may not survive the blow

Shares in Société Générale (SOGN.PA) swooned nearly 4% in Paris trading on Jan. 28, to €71 ($104.35), as speculation mounted over a possible breakup of the battered French bank, while the Paris prosecutor cited evidence that SocGen had received multiple warnings about unauthorized transactions by rogue trader Jérôme Kerviel that ultimately cost the bank $7.1 billion (BusinessWeek.com, 1/24/08).

Prosecutor Jean-Claude Marin, who announced the filing of attempted-fraud charges against Kerviel, told reporters the derivatives exchange Eurex had alerted SocGen last November about questionable trades by Kerviel. Separately, several of the bank's internal control units also had flagged some of his trades in recent months, Marin said. But in each instance, he said, Kerviel was able to produce "fake documents" making it appear that the trades were hedged and therefore not risky.

Marin said Kerviel had admitted falsifying documents and hacking into the bank's computer system to cover up unauthorized trades he began making in 2005, when he first moved from SocGen's back office to the trading floor. His motivation, the prosecutor said, was to "seem like an exceptional trader," and he had been expecting a bonus of almost $450,000—far above his base salary of about $147,000—based on profitable trades he made in 2007, before he began running up huge losses in recent weeks. Kerviel also told investigators that other traders routinely made unauthorized trades, Marin said.

Insufficient Internal Controls

In its most detailed public explanation of the scandal to date, SocGen acknowledged on Jan. 27 that the trading positions taken by Kerviel had reached more than $73 billion, far exceeding the bank's roughly $50 billion market capitalization, by the time the bank learned of the problem over the weekend of Jan. 19-20. The bank said Kerviel took advantage of his knowledge of the bank's internal control systems, gained during his five years in back-office jobs.

The bank's explanation, however, didn't mention the warning flags raised earlier. According to prosecutor Marin, SocGen's middle office, accounting department, and risk department had raised questions about Kerviel's trades in recent months, as had Eurex, the derivatives exchange operated jointly by Deutsche Börse (DB1GN.DE) and the SWX Swiss Exchange stock markets.

The fact that even a relatively junior trader could wreak such mayhem has spurred urgent calls for banks to toughen their internal controls. "Every bank in this area will be overhauling their compliance arrangements, their IT security…all of the nuts and bolts stuff," says Howard Davies, the dean of the London School of Economics who formerly headed Britain's Financial Services Authority. Some relatively simple measures might have prevented the debacle, Davies says, such as changing computer passwords more frequently or requiring traders to take two-week vacations during which other employees handle their trading portfolios.

The End of SocGen?

Now, the stain on SocGen's reputation is so great some industry watchers think it can't survive as an independent bank. "SocGen may have been terminally wounded by the [$7.1 billion] loss, and its investment banking/equity derivative franchise may be irreparably damaged," says Jean-Pierre Lambert, a London-based analyst with Keefe, Bruyette & Woods (KBW). Until now, SocGen has been the leading global player in the highly profitable business of equity-derivatives trading.

With the French government eager to keep the country's No. 2 bank in French hands, a possible solution would be to break up SocGen, dividing its holdings between its crosstown rivals BNP Paribas (BNPP.PA) and Crédit Agricole. BNP has long coveted SocGen's network of bank branches.

Other European banks such as Italy's Unicredito (CRDI.MI) have in the past eyed SocGen as a possible takeover target. But most potential acquirers have been weakened by the U.S. subprime crisis and other problems, making a non-French bid less likely, analysts say.

It's no surprise that other banks have coveted SocGen. Founded in 1864 by decree of Napoleon III, it grew into a global colossus with 120,000 employees. But now one of its most fleet-footed businesses, derivatives trading, could be the Achilles' heel that hobbles it.

Matlack is BusinessWeek's Paris bureau chief .

BW 30-Jan-08: Jerome Kerviel - In His Own Words

Finance, Markets & Investing January 30, 2008, 8:41AM EST

Jerome Kerviel -- In His Own Words

The rogue trader tells prosecutors about his motivations, modus operandi, and Societe Generale's security shortcomings

In 2005, Jérôme Kerviel got something he had long coveted: the opportunity to become a trader for Société Générale (SOGN.PA). He had joined the Paris-based bank five years earlier, but as a graduate of a second-tier French business school, he was relegated to a job in its middle office, processing and overseeing transactions by traders whose jobs were far more glamorous and better-paid than his.

Determined to break into trading, Kerviel grabbed the first job that came his way, an opening on SocGen's so-called Delta One trading desk, which handles generally low-risk futures hedging on European stock market indexes.

Yet even at Delta One, Kerviel was dogged by his lack of credentials—a reflection of France's rigidly hierarchical education system, in which top students who gain admission to a handful of grandes écoles easily find prestigious jobs in government and business, while those who attend more ordinary schools find it far more difficult to advance. That frustration, and a desire to prove that he could play in the big leagues, led Kerviel to begin making unauthorized trades almost immediately upon joining Delta One. It was a decision that ultimately led to a $7.1 billion loss that could topple one of Europe's biggest banks.

A transcript of Kerviel's interrogation by the Paris prosecutor's office, posted on the newspaper Le Monde's Web site late on Jan. 29 and independently confirmed by BusinessWeek, offers a fascinating look into the mind of a rogue trader.

Following are excerpts:

On his hiring by SocGen in 2000: "I had no illusions. I knew perfectly well that I would be less well-paid than on other desks, that I would not be paid according to market standards, but that did not lessen my motivation."

On his advancement to the Delta One trading desk in 2005: "I was aware, starting from my first meeting in 2005, that I was less well-considered than the others, as regarded my university degree and my professional and personal background. I had not come directly to the front office, but had passed through the middle office, and I was the only [trader] to have done that."

On how his rogue trading began: "My first experience in this direction was in 2005. I took a position on Allianz (AZ) stock, betting on a fall in the market. Soon after this, the market fell, following the [terrorist] attacks in London, and we had a jackpot of €500,000 [now about $730,000].…I had already had the idea of a 'deal' to cover my position. I had mixed feelings because I was proud of the result but surprised at the same time. That produced a desire to continue, there was a snowball effect."

On how he took secret pride in his results, even as his trading spun out of control: "As of Dec. 31, 2007, my gains had reached €1.4 billion ($2 billion), which I had not declared to the bank. At that point I had been overtaken by events and didn't know how to present this to the bank. It represented undeclared cash of €1.4 billion. No one else had ever realized such a sum, which represented 50% of the total result of the equity-index division of SocGen. I didn't know how to deal with it, I was happy and proud of myself, but I didn't know how to justify it. Thus I decided not to declare it, and to hide the sum, I created an opposite fictional operation."

On the techniques he used to hide his trading: "I furnished false documents on these operations, false e-mails. I created a false e-mail and used features of our internal e-mail system—in particular, a function that allowed me to re-use the heading of an e-mail that had been sent to me, changing the content of the message. Then I could retype the text that I wanted, and the e-mail looked just like an original."

On his belief that superiors tacitly encouraged his activity: "In July, 2007, I suggested we should bet on a fall in the market, but he [my superior] did not want to. My bet proved a winner, a cash generator.…I had taken a [trading] position anyway with the consent—or at least not contested by—my No. 1 [apparently a higher-level supervisor] who helped record the transaction.…The transaction proved fruitful, and thus it was authorized, indeed supported by the hierarchy. After that, I had to take positions every day. Even during my vacation, my manager was calling me to ask what position to take. The incentive to take positions was at a maximum."

On why he thinks his superiors knew he was exceeding authorized limits: "I can't believe that my superiors weren't aware of the sums I was trading. It's impossible to generate such profits by taking small positions. This leads me to say that, as long as my results were positive, my superiors closed their eyes to the methods and the sums involved. A trader engaging in normal activity could not generate so much cash."

On the bank's lax supervision: "The simple fact that I didn't take days off in 2007 [he took only four days off] should have alerted the management. It's one of the primary rules of internal control: A trader who doesn't take vacation is a trader who doesn't want to let anyone else look at his book. I regularly received risk messages, alerting me that I had greatly exceeded my nominal cover. A few minutes later [during which he would create a fictitious transaction to mask the risk], a counter-message would be sent. The frequency of these alerts did not worry them. Because I was generating cash, the signals didn't worry them."

Matlack is BusinessWeek's Paris bureau chief .

Friday, March 14, 2008

Newsweek 15-Oct-07: A Danish Conspiracy

A Danish Conspiracy
The secret to Denmark's success is a knack for niches, and a labor peace pact that larger economies will find hard to copy.
NEWSWEEK
Updated: 8:04 PM ET Oct 15, 2007

Bang & Olufsen assembles high-end speakers and televisions by hand in rural Denmark from parts sourced worldwide. The company can pull this off in one of Europe's cushiest welfare states because shop stewards like Grethe Krabbe and operations chief John Bennett-Therkildsen are often on the same side. The latter can demand up to 40 hours a week, for example, as long it averages out to 37 hours over the course of a year. For even greater flexibility in the pre-Christmas rush, "I want to go to 45 hours," says Bennett-Therkildsen over tea near the factory in Struer. "You already get 43 with overtime," counters Krabbe, grinning broadly from across the table. But with B&O moving 200 jobs to the Czech Republic to save 7 million euros per year, she admits she will most likely have to concede one day. "If it means survival of the company, then it must be done," says Krabbe.

In most of Europe, CEOs can only dream of this kind of cooperation, not to mention civility, in dealing with unions. Denmark has created the competitive advantage that the rest of Europe lacks--a flexible work force--without abandoning a very European commitment to social welfare. CEOs can hire and fire easily because dismissed workers collect generous benefits and are quickly guided into new jobs. Trade unions go along because, unlike most European counterparts, their aim is to boost employment in general rather than to defend each and every job.

The key to the system is that it reduces the burden of welfare on business, says Jorgen Sondergaard, director-general of the Danish National Institute of Social Research. Welfare is financed by income taxes, not the hefty company contributions required elsewhere in Europe, so managers do not see hiring new people as a huge financial risk. As a result, people gravitate to where they are most needed. Each year, some 30 percent of Denmark's workers change jobs, a rate outpaced only by the United States and Britain. And Danish unemployment now stands at 4.7 percent, or just half of the euro-zone average of 8.6 percent. "We don't think [consciously] about the Danish model because there is no alternative," says Niels Jacobsen, CEO of Oticon, one of the world's leading makers of hearing aids. "But it seems to work."

Others do think about it, a lot. The delicate Danish balance of flexibility and security in the labor market has captured the imagination of Europeans in more sluggish economies. Denmark is expected to grow 2.7 percent this year, compared with 1.2 percent in the euro zone. French TV crews have flocked to Copenhagen, and Danish scholars are in high demand at economic conferences in Brussels, Paris and Berlin. With Europe's giants--France and Germany--searching for a politically workable approach to economic reform, NEWSWEEK decided to take a closer look at some of Denmark's most competitive companies to understand exactly how the system works.

The success of the model rests on a realistic understanding of Denmark's place in the world. Particularly now, in the face of wage competition from Eastern Europe and China, Danes in labor and management essentially conspire to find clever ways to keep the high-end jobs at home. Jacobsen says he has no intention of producing in China because he wants his workers near his world-class R&D center, so he can keep his hearing aids a step ahead of rivals. (His latest Syncro model uses artificial intelligence to interpret sounds.) While elsewhere, union leaders are fighting a rearguard battle against globalization, Harald Borsting, confederal secretary of the Danish Confederation of Trade Unions, says he sees instead "a world of possibilities." What makes this conspiracy thrive is a strong foundation of trust, which may be difficult to replicate in larger nations with adversarial labor relations, like France, says Sondergaard.

In contrast even to small Nordic neighbors, Denmark (with a total population of 5.4 million) never spawned giant industries like steel, chemicals or cars, with the size to ride out recessions. Its small family companies required a fluid labor pool to survive tough times and, over the last century, a unique system of collective bargaining emerged to meet that need. Today, with 82 percent of workers unionized--compared with about 25 percent in Germany and just 10 percent in France--unions and employers can together map out such policies as minimum wage, working hours and benefits. "We have different interests, but we find solutions close to where the problems arise," says Lars Rebien Sorensen, CEO of pharmaceutical company Novo Nordisk, a leading maker of insulin.

A "peace clause" in the collective agreement means there is no such thing as a general strike of the kind that periodically shuts down France and Belgium. Nor are there the German-style "warning strikes," aimed at securing a better deal during negotiations. In the last decade, the details of work rules on sick days, break times and the like have been increasingly hammered out at firm and factory level between shop stewards and managers, many of whom seem more resigned to living with the Danish system than enthusiastic.

The price that business pays for the power to hire and fire with relative ease is high wages, which are 73 percent above the average hourly manufacturing wages in the 30 developed nations in the Organization for Economic Cooperation and Development, of which the state takes up to 63 percent in income taxes to pay for health care, unemployment benefits and almost all pension payments. To outsiders besotted by the Danish model, Jorn Neergaard Larsen, head of the Confederation of Danish Employers, warns: "It's work, every year, every day, to keep it in balance."

The balancing act is going to get tougher. Many firms have had to close factories because their products cannot compete at Danish wages, and the pension squeeze created by the aging populations of Europe is acute in Denmark, where working lives are particularly short. The average Dane works from age 33 to 61, due to the long years many Danes spend in school, as well as a lingering early-retirement option left over from the 1970s, when Denmark was battling unemployment. This raises the cost and shrinks the flow of funds into pension funds. "The system will give us a lot of trouble in the coming years," warns Larsen.

The result is that Denmark has been rethinking the costs of its system, albeit without the mass protests that have erupted in recent years following reform efforts in Germany and France. In the 1990s, Denmark added more stick to the labor-market carrot, raising penalties for the unemployed who turned down a job offer, for example. Now attention is turning to welfare, with recent recommendations from a special commission to be followed in March by a report from a high-level Globalization Council. They are looking at ways to keep older workers in the market and to help a growing immigrant minority (now 6.3 percent of the population) join the work force. Dan Boyter, COO of Pressalit, maker of high-end bathroom fixtures, heads a national network of companies that are working on strategies to integrate refugees into local communities. "If we don't do something as companies, we're going to have the same kinds of problems as in France at the moment," says Boyter.

Ironically, recent European Union directives designed to create a more competitive continental work force have either made no difference to Denmark or "reduced our flexibility," complains Larsen of the employers confederation. The Danish system of collective bargaining actually sets most work-related rules, backed by general unemployment laws that defer to the negotiated agreements. EU directives on such subjects as conditions for part-time workers require detailed new laws (and hefty lawyers' fees), creating what the Danes see as a lot of unnecessary paperwork and waste.

The Danish strategy for coping with China is typified in some ways by Novo. Revenues are growing at the rate of 15 percent a year, mostly outside Europe, and Sorensen sees expanding production in China and Brazil as a way to create new knowledge-based jobs in Denmark. Novo is in the middle of closing a small plant in Hillerod, north of Copenhagen, which makes the Novo Pen 3, a cartridge diabetics use to inject themselves with insulin. Before the machines were boxed up to ship to Tianjin, Chinese workers came to Denmark to be trained by the people whose jobs they are replacing.

Half of the displaced Danes will assemble the new-generation Novo Pen 4, which will remain in Denmark for three to four years until production is perfected, when it will move to China while the Danes turn to the next new thing. The other half of the Hillerod work force went into Novo's in-house job-training center, where they are being matched up with new jobs in the company. "Education, education, education--it's the only way to save jobs," says senior shop steward Niels Erik Olsen. Danish adults spend an average of 4.3 percent of their working hours in on-the-job training, the highest in the OECD.

Danish works councils do not have the power to reject plans to shut a factory or move work abroad, but their influence is such that companies are keen to keep them happy. If older manufacturing lines go to China, "we get to have more exciting jobs, ramping up pilot programs or learning new processes and new machines," says Lise Schactschabel, senior shop steward for Coloplast, maker of disposable medical supplies. Coloplast is designing an in-house certificate of the skills a worker has learned on the job, so they have credentials to show if they have to--or choose to--leave the company. Though collective bargaining allows companies to terminate a union worker typically with three weeks notice--and, in construction, with as little as three days--companies exercise this right with caution. "We don't have to keep the deadwood if someone doesn't fit in," says Oticon human-resources director Mads Kamp. "But it's like an honor system. If you treat people badly, others won't come."

The conspiracy of cooperation can leave outsiders in dismay. When Coloplast CEO Sten Scheibye decided in 2000 to move some production to Hungary, the $1 billion company was still growing 10 percent per year. But he could see the coming squeeze on health-care costs. He gathered 50 or so labor leaders in a quiet two-day meeting to decide how to present the scary decision that 800 jobs would go east, where wage costs were 80 percent lower.

The union bosses didn't howl. "When the wind is blowing, you can put up shields or windmills," says shop steward Schachtschabel, who secured a pledge that every displaced Dane would get at least one alternate job offer within the company. For two months, the shop stewards secretly drew up a plan to prep workers for the news. When a reporter called Schachtschabel shortly after the announcement, she was ready to explain that no Danes would be fired. So were the workers accosted at the factory gates. "He said, 'Oh, damn, there's no story here'," she laughs.

Of course, the big story here is the quiet evolution of the Danish model, often behind the scenes. Twenty years ago, says Novo's Olsen, he would have said the Danish model is not a good system from the worker's perspective because it wasn't so obvious back then that globalization would force uncompetitive companies to close down. Unions were still focused on long-term job security. Now, he has changed his mind because the model makes companies willing to take risks with short-term contracts, which can help them grow and create real jobs. "There are periods when people are unemployed, but the Danish system does not create poverty," says Olsen. The poverty rate in Denmark is among the lowest in the EU.

Danes are well aware how fast their star could fall. Soren Kaj Andersen, associate professor at the Employment Relations Research Center at the University of Copenhagen, notes that Europeans looked to Germany's postwar miracle, to the Dutch boom of the 1990s and to the much-hyped Swedish model. "We did not produce this model based on a master plan, and it might derail quite easily," warns Andersen. "Maybe in five years we'll all be talking about a Hungarian or Slovenian model."

URL: http://www.newsweek.com/id/47432

Newsweek 15-Oct-07: The Gender Gap: Moms Not Wanted

The Gender Gap: Moms Not Wanted
Sweden bends over backward to help women work, but in ways that often keep them out of the best jobs
Rana Foroohar
NEWSWEEK
Updated: 8:04 PM ET Oct 15, 2007

Europeans and Americans alike have certain romantic notions about Sweden. We imagine it as a land of liberal-minded people living in a bastion of equality--which, in many ways, it is. Sweden has the second highest number of female parliamentarians in the world. Half its government ministers are women. Its wage gap is narrow, and females are well represented in the labor force. Both the United Nations and the World Economic Forum have rated it tops in the world for equality.

But no paradise is without its paradoxes. In Sweden, the biggest one is this: while the government has done much to improve the lives of women, it has also created a glass ceiling for them that is thicker than that in many other European countries, as well as in the United States. While state-funded child care and extremely long and cushy maternity benefits (480 days with up to 80 percent of pay) make it easy to be a working mother in Sweden, such benefits also have the effect of dampening female employment in the most lucrative and powerful jobs. In Sweden, more than 50 percent of women who work do so in the public sector--most as teachers, nurses, civil servants, home health aides or child minders, according to the OECD. Compare this to about 30 percent in the U.K. and 19.5 percent in America. "Private-sector employers are less willing to deal with the disruption caused by very long maternity leaves," says Manuela Tomei, a labor sociologist with the International Labor Organization in Geneva. "Gender discrimination in Sweden may be more subtle, but it is very much there."

The link between family-friendly policies and female employment are a hot topic all over the developed world, as birthrates fall and a shortage of skilled labor looms. Europeans have looked to the Nordic countries as a model--longer maternity leaves and state-funded child care must make it easier for women to have careers, or so the conventional wisdom goes. And indeed the system does make it easier for women to hold lower- to midlevel jobs and have children (Sweden has managed to keep its birthrate relatively high). But as London School of Economics fellow Catherine Hakim notes, policies that raise the birthrate "don't necessarily translate into complete gender equality, particularly in the private sector."

Swedish women are unlikely to hold important managerial positions. A study by former ILO economist Richard Anker using data from 2000 found that while women in the United States held 45.3 percent of managerial positions, their Swedish counterparts held only 29.2 percent (Britons held 33 percent, Germans 27 percent and Danes 23 percent). And, while the average wage gap between the genders in Sweden is narrow (about 15 percent), it can exceed 40 percent in high-end jobs. And while the gap is closing in other countries, it has held steady in Sweden for most of the last decade.

The situation is becoming a key political issue. Swedish officials are considering whether to emulate a recent move in Norway, which decreed that all companies must have at least two women on their boards by the end of 2006. A proposal to require men to take at least three months of the 480 days of parental leave will be a big topic in this spring's elections. But whether quotas can change the social dynamic is unclear. Anker points out that most countries with a high number of women in Parliament also have a high number in corporate management, but not Sweden. He attributes this to the fact that the number of women in Parliament is dictated by law, not by wider social shifts, which presumably would have affected the private sector, too.

Swedish officials argue that generous welfare makes the system more competitive, in part because childcare frees women to work. But it can't be fully competitive if it frees women to work only at middle- or low-level jobs. And many larger companies are beginning to see the advantage of promoting women. Nearly 40 percent of the managers at SEB, Sweden's largest bank, are female and the bank is pushing for more. Goteborg University professor of gender history Anita Goransson says that Swedish women in top jobs often have mothers who also worked at high levels. One tough woman begets another, and more of them will make Sweden an even tougher competitor.

URL: http://www.newsweek.com/id/47433

Newsweek 15-Oct-07: Europe: Who Hails Sweden

Europe: Who Hails Sweden
For all the foreign praise it gets, many Swedes focus on the weak points of their model society.
Stryker McGuire
NEWSWEEK
Updated: 8:04 PM ET Oct 15, 2007

Sweden is back. Sweden: where high taxes meet economic competitiveness. Sweden: a high-tech nirvana populated by fit armies of Internet explorers and early adapters unafraid of the next new thing. Sweden: cool and cold.

In the winter of its discontent, with Germany and France stagnant and Britain heading for choppier waters, Europe is pining for the Swedish model as it did in the 1930s and again in the 1970s. It's Sweden as object of desire: the way forward for European economies seeking to be both socialist and competitive in a free-market world. Think tanks can't write enough about it, media dote on it and politicians pan it for policy gold. A headline not long ago in London's left-wing Guardian newspaper said it all: the most successful society the world has ever known. Swedes have it good, and we want what they have.

What Swedes have is impressive. Cradle-to-grave health care. An excellent education system, including some of the best universities in Europe (Lund, Uppsala). One of the world's most competitive economies. The world's highest per capita ownership of second homes and pleasure boats in the world. A country of just 9 million people that has produced a startling number of big industrial brands: Volvo, Scania, Electrolux, Eriksson, IKEA. A privileged country that wears its wealth lightly: when a Ferrari-Maserati dealership opened in Stockholm during the height of the Internet boom, it was shunned by most dot-com millionaires, who stuck to their bicycles. This tolerant, liberal country has adapted well to the twists and turns of globalization. "A small country has to be very open-minded," says Swedish Finance Minister Per Nuder, in typically understated fashion.

As models go, Sweden actually has a fair bit of competition, at least along Europe's northern tier. Finland's education system is repeatedly ranked as the best in the world. Denmark gets noticed for giving employers greater flexibility in hiring and firing workers within a generous welfare state. According to a recent report by the World Bank, oil-rich Norway is the most business-friendly country in Europe, thanks to its lack of red tape. Tiny, remote Iceland has one of the highest growth rates in Europe. All in all, Sweden and its Nordic neighbors, Robert Taylor of the London School of Economics wrote in a pamphlet last autumn, are among "the most efficient, affluent and equitable countries in the world."

So what's wrong with this picture? An increasing number of Swedes do not recognize the socialist paradise-cum-economic wunderkind of Guardian headlines. The model is showing "visible cracks," says Klas Eklund, the Stockholm-based chief economist of SEB bank. Among them: the lack of incentive to work, resulting in a real unemployment rate roughly three times the official 6.3 percent; the failure to foster entrepreneurship (Swedes are the Europeans least likely to consider starting businesses), and the "total inability to handle the integration of immigrants," who face an unemployment rate one third higher than native Swedes. The disparity is among the widest in Europe.

The cracks are starting to cause trouble for the Social Democratic government of Prime Minister Goran Persson, in power since 1994. A new center-right opposition called Alliance, led by the Moderate Party, is pulling ahead in the polls, as elections approach in September. The Moderates' 40-year-old leader, Fredrik Reinfeldt, based his challenge on a simple choice: welfare (the Social Democrats) versus work (the Moderates). "The Social Dem-ocrats put the subsidy system first," says Reinfeldt. "We put work first."

As in other European countries, work (or the lack of it) is at the heart of Sweden's present dilemma. Private-sector productivity has grown phenomenally in recent years, behind only South Korea and Ireland. But Sweden's employment profile is decidedly mixed. Lennart Erixon, an economist at Stockholm University, points out that only Turkey has experienced a steeper decline in the rate of work-force participation than Sweden since 1990. Counting the hidden unemployed, including those on disability, paid leaves or "perpetual students" at tuition-free universities, more than 20 percent of the working-age population is out of work, according to some estimates.

Social leveling compounds the problem, says Eklund. Sweden has a relatively narrow gap between high and low incomes, because wages are often fixed by union contracts that keep low wages relatively high--and keep many newcomers out of work. Reinfeldt argues, in particular, that the state encourages immigrants not to work with subsidies that exceed the pay in off-the-books jobs for cleaners, handymen or day laborers. He and other critics also say Sweden undermines its competitiveness by allowing entry more readily to refugees than to immigrants with technical skills that the economy needs.

Few Swedes would suggest that their welfare state has broken down. Most think it simply needs a tune-up. In an unscientific NEWSWEEK Poll of Swedes in Stockholm and Uppsala, only one--a hardworking, hard-pressed farmer, Jan Tannfors, 55--complained about the system itself. "I don't want to feed so many people in Sweden with my taxes," he said with some asperity. More typical was Pers Karin Skogar, 48, who owns a small interior-design company in Uppsala. She would rather that her company didn't have to subsidize her employees' benefits out of its own coffers, but added, "If we're going to continue to have a welfare state, we're going to have to pay for it."

It's hard to argue with a nation that has come so far. In the 19th century, Sweden was one of Europe's poorest countries; Londoners organized charity drives for needy Swedes. Once the country began to industrialize, however, it did so with a vengeance. By 1900 Stockholm boasted more telephones than London or Berlin. Over the decades, as Taylor notes, Swedes achieved "modernization through consensus," constantly reinventing themselves for a changing world. After a severe recession in the early 1990s, political leaders worked with enlightened labor unions to adapt to globalization. They slashed taxes, up to a point. (Though corporate taxes are low, at 28 percent, Swedes still pay the highest income taxes in the world.) They deregulated banking, telecommunications and energy. They granted the central bank independence, and they turned the budget deficit into a surplus.

At Stockholm University, Erixon is bemused by the attention lavished on the model he has spent his career studying. In 2004, he was invited to speak at a conference in Bad Mitterndorf, Austria. The attendees were starry-eyed about the Swedish model, "as if they'd seen the northern lights," Erixon recalls. He describes himself as a fan of the Swedish model, but says he felt compelled to lecture the overexcited crowd on its downsides. "I was not invited back," he says with a laugh.

But of course he will be, if not to Austria then to some other European nation struggling to keep pace with mounting international competition and keep hold of the good life. Right now the Swedish model, for all its shortcomings and no matter how heavily questioned at home, looks about as good as it gets.

URL: http://www.newsweek.com/id/47431