Thursday, July 31, 2014

Regulatory Investigations of the FX Markets are Progressing

Bloomberg reports that the U.K.'s FCA is trying to speed up settlement talks with the banks by keeping the settlement narrowly focused.  The FCA is hoping for a settlement before year end, much earlier than previous reports.  The SFO in the UK has recently begun a criminal investigation and the director said that charges could come next year.  It is reported that the DOJ's investigation could bring charges and impose fines as early as this year.

The WSJ also reports that a number of banks are negotiating with the UK's FCA that any settlement will be announced at the same time for all of the banks.  This is an attempt to avoid the LIBOR scenario where each bank settlement was announced separately, bringing considerable bad publicity to each.  Perhaps a cross bank settlement would spread such publicity around and also draw attention to the misconduct being more of a market-wide problem rather than any bank being a bad apple.

New York's bank regulator, the Department of Financial Services, is negotiating with Barclay's and Deutsche Bank to install monitors at the two banks to investigate whether trades manipulated FX currency benchmark rates.  This was reported by the Wall Street Journal , but both banks declined comment.

All in all it sounds as if the regulators are attempting to fast track the investigations.  Earlier this year the FCA had mentioned 2015 as a goal and BAFIN in Germany had mentioned completion in 2018, hopefully. Speed will be helpful for all involved - the banks, regulators, and oh yes, market participants.  The discussions on changes to benchmarks is ongoing publicly, but no solution is perfect - longer windows of trading which seems to be a favorite, mitigates but does not eliminate the possibility of misconduct and a benchmark that is more of an average rate for the day is not what all market participants are looking for.




Wednesday, July 23, 2014

FSB Proposes FX Benchmark Changes; UK Opens Criminal FX Benchmark Investigation

The Financial Stability Board (coordinates national regulators and international standard setting bodies)  published suggested changes to FX benchmark calculations in the following areas:

  • The calculation methodology of the WM/Reuters (WMR) benchmark rates;
  • The publication of reference rates by central banks;
  • Market infrastructure in relation to the execution of fix trades;
  • The behaviour of market participants around the time of the major FX benchmarks (primarily the WMR 4pm London fix);
  • Recommendations from a forthcoming IOSCO review of the WMR fixes.
These are open to comments and should entail great diversity as there is much disagreement on how to reduce the possibility of rate rigging in FX markets.

In the UK, the Serious Fraud Office (SFO) has opened a criminal investigation into possible fraud occurring in benchmark rate setting.  The US DOJ has been looking into criminal angles for quite some time,and last week we reported their offer of immunity to junior FX traders in exchange for information. The SFO has an ongoing investigation into LIBOR rigging as well.


Monday, July 14, 2014

US DOJ Offers Immunity to Junior FX Traders in London

Reuters reports this interesting tactic which is not available to prosecutors in civil cases.  One can infer from this that the investigation into FX benchmark rigging has not made enough progress to bring any suits, but that the prosecutors believe that misconduct has occurred.  Will these offers of immunity bring in the information on senior traders and bank practices that the DOJ is looking for? Although that is uncertain, it will certainly make for some uneasy relationships within the FX trading community.

Sunday, July 6, 2014

Deflation Risk !

(Adapted from Monetary Policy Risk?  Deflation! Industry Commentary of the Global Association of Risk Professionals)
Whenever one reads of global central bank activities beginning in 2008, one always finds the word “unprecedented.”  We continue to live through an “unprecedented experiment” in which central banks relentlessly print money to buy government and other debt securities to push base money (central bank reserves plus currency in circulation) higher.  The Federal Reserve in the U.S. has more than quadrupled its balance sheet since 2007 and is fearful even of reducing the rate of increase of its asset growth.  The reserve requirement for Eurozone banks is a minuscule 1% of liabilities and the European Central Bank must still impose a negative interest rate on bank reserves to encourage more lending.  One could launch a National Security Agency (NSA) data-gathering drone and it would hear G-20 central bankers targeting and wishing for positive inflation along the entire global circumnavigation route.
There’s huge risk here!  Stated less emotionally, there is great uncertainty of outcome – and that is precisely what “risk” is.  Evidently, the central bankers hope that global economies will soon show strong growth to permit them to whittle down the balance sheets and restore interest rates to pre-Crisis levels over the next five years or so.  Yet inflation could explode – or at least go trotting away from us faster than we can run to catch it.  Of the several glaring weaknesses of fiat money, one is the illusion of control.  The central bankers believe they have ultimate control over inflation, but such is not the case.
Individual investors have fretted for years over the ultra-low bond yields and prospects for runaway inflation.  Arguably the citizens at greatest risk are those nearing retirement who plan to live on the income of financial assets and pension annuities.  High inflation would decimate such plans.  Hence, these individual investors hedge with non-monetary assets such as gold that, of course, exacerbates the “low yield” problem.
What, if anything, should financial risk managers of banks and other corporate entities be thinking and doing right now?  Will such businesses suffer in a world of persistent, unbridled inflation?  As it happens, corporations are, relative to pensioners, fairly immune to inflation.  The corporate structure itself is a natural hedge.  Debt liabilities will lose value during inflationary years and that’s good for the debt issuers.  To the extent that a corporate’s balance sheet holds a mix of financial and non-financial assets, the fall in asset value may match or be less than the drop in debt value.  Further unlike the pensioners’ fixed revenue, both the revenue and the expenses of businesses tend to “float” with inflation.
Professional risk managers, therefore, need not dread the onset of inflation.  The corporate risk challenge is deflation!  In deflation, the debt liabilities gain value.  The assets of a non-financial corporate will likely “underperform the debt” in terms of the reaction to inflation.  While banks own predominantly financial assets that nominally appreciate during deflation, the corporate loans among such assets will fall in credit quality.  In addition, the “floating” aspect of income statement expenses can be sticky on the deflationary side.  For example, societies tend not to accept workers’ wage reductions as a reasonable consequence of deflation.  One alternative wage reduction action is to slash headcount with the obvious disadvantage of reducing capacity.  Perhaps it’s best for all employees, not just those in the financial sector, to have a variable (“bonus”) component to compensation that can move higher or lower with inflation and deflation, respectively.
We began this article noting all the inflationary measures of central bankers since 2008.  But the primary observations are “unprecedented” actions and “highly uncertain” environment.  It is entirely possible that the future will follow a deflationary, rather than inflationary, path.  Continued bank losses and several bank reform proposals could curtail lending and the money supply and trigger prolonged deflation.
Should corporates, then, hedge or otherwise prepare for possible deflation?  Our view is that executive management should make the deliberate choice.  Just as a financial firm would match asset-liability interest rate risk, it is also feasible to match asset-liability deflation risk.  Consider a large homebuilder leveraged with financial debt while holding (non-financial) real estate assets.  As it stands, this balance sheet is highly mis-matched in its deflation risk.  To improve the match and reduce risk, this company could short a real estate or other non-financial asset in appropriate size.

The U.S. has not experienced a deflationary two-year period since the Great Depression of the 1930’s.  Likely for this reason, corporate risk managers may not often think in terms of asset-liability balancing for deflation.  Let’s not forget, though, that the absence of national home price depreciation since the Depression was a comforting thought in the years before 2008.

Thursday, July 3, 2014

UK's FCA Benchmark Manipulation Investigations - Let's Hope the Tortoise Wins the Race

Reuters reports the Financial Conduct Authority's head of markets infrastructure and policy testified before a Parliment committee on their benchmark investigations.  None of his comments indicated that the investigations were moving very quickly.  

On the possibility of collusion in setting the London gold fix the FCA stated "It is possible but I have no clear evidence that that has actually happened".  The FCA fined Barclay's in May for a trader manipulating the rate in 2012 to avoid paying off on a client gold contract.  Next month the industry is to report on whether the process meets new benchmark guidelines.  

The FCA could provide the committee with no guidance as to when the FX benchmark investigation, which began a year ago, will reach a conclusion.  

A committee member claimed that it is well known by equity traders around the world that closing stock prices are also manipulated.  The comment from the FCA involved checking back to see if any action has been taken in this area.  While we are not familiar with charges of equity price manipulation either, the incentive to do so is clear, as portfolios are valued using those levels.

All in all, the FCA gives the appearance of moving deliberately, and since these are complex charges, with huge amounts of data and conversations to review, the slow pace appears inevitable. More important than the timing, at the conclusion of these benchmark investigations, market participants' faith in the markets must be restored.