The Return of the Rogue

Total Page:16

File Type:pdf, Size:1020Kb

The Return of the Rogue THE RETURN OF THE ROGUE Kimberly D. Krawiec∗ The “rogue trader”—a famed figure of the 1990s—recently has returned to prominence due largely to two phenomena. First, recent U.S. mortgage market volatility spilled over into stock, commodity, and derivative markets worldwide, causing large financial institution losses and revealing previously hidden unauthorized positions. Second, the rogue trader has gained importance as banks around the world have focused more attention on operational risk in response to regulatory changes prompted by the Basel II Capital Accord. This Article contends that of the many regulatory options available to the Basel Committee for addressing operational risk it arguably chose the worst: an enforced self- regulatory regime unlikely to substantially alter financial institutions’ ability to successfully manage operational risk. That regime also poses the danger of high costs, a false sense of security, and perverse incentives. Particularly with respect to the low-frequency, high-impact events—including rogue trading—that may be the greatest threat to bank stability and soundness, attempts at enforced self- regulation are unlikely to significantly reduce operational risk, because those financial institutions with the highest operational risk are the least likely to credibly assess that risk and set aside adequate capital under a regime of enforced self-regulation. ∗ Professor of Law, University of North Carolina School of Law. [email protected]. I thank Susan Bisom-Rapp, Lissa Broome, Bill Brown, Steve Choi, Deborah DeMott, Anna Gelpern, Mitu Gulati, Donald Langevoort, Marc Miller, Eric Posner, Steve Schwarcz, Jonathan Wiener, David Zaring, and workshop participants at the University of Arizona James E. Rogers College of Law, Duke Law School, and Fuqua School of Business for helpful comments on earlier drafts. I also thank Andrew Furuseth for valuable research assistance. 128 ARIZONA LAW REVIEW [VOL. 51:127 INTRODUCTION The rogue trader—a figure that captured public attention in the 1990s1— has returned to the spotlight, largely due to two phenomena. First, market volatility stemming from problems in the U.S. mortgage market spilled over into stock, commodity, and derivative markets worldwide, causing large losses at many financial institutions and bringing to light previously hidden unauthorized positions. As a result, a number of financial institutions, including Société Générale, recently have disclosed large rogue trading losses. The French investment, banking, and financial services group revealed in January 2008 that a junior trader, Jerome Kerviel, had lost over $7 billion on unauthorized trades in equities and equity index futures, becoming the largest rogue trader in history.2 More broadly, the debilitating losses at many financial institutions in the wake of the current credit crisis—while not specifically attributed to rogue employees— have been blamed to a large extent on lax internal controls and oversight, combined with an industry culture that sacrificed prudent risk management in the pursuit of superior profits.3 Second, the rogue trader has returned to prominence due to domestic and international regulatory changes that have forced banks worldwide to focus more attention on operational risk, an important component of which is rogue trading. Specifically, the Basel II Capital Accord requires banks to include in their capital charges amounts sufficient to protect against anticipated operational losses, including losses from unauthorized trades, transforming what was once a residual risk category into a growing multi-billion dollar risk management industry.4 1. For example, numerous popular books and movies memorialized infamous rogue traders of the decade, such as Nick Leeson and Joseph Jett. See generally LUKE HUNT & KAREN HEINRICH, BARINGS LOST: NICK LEESON AND THE COLLAPSE OF BARINGS PLC (1996); JOSEPH JETT & SABRA CHARTRAND, BLACK AND WHITE ON WALL STREET: THE UNTOLD STORY OF THE MAN WRONGLY ACCUSED OF BRINGING DOWN KIDDER PEABODY (1999); NICK LEESON & EDWARD WHITLEY, ROGUE TRADER: HOW I BROUGHT DOWN BARINGS BANK AND SHOOK THE FINANCIAL WORLD (1996); JUDITH H. RAWNSLEY, TOTAL RISK: NICK LEESON AND THE FALL OF BARINGS BANK (1995); ROGUE TRADER (Miramax 1999). 2. Other reported losses include: MF Global ($141.5m), Caisse d’Epargne (EUR 600m), Crédit Agricole (EUR 250m), Credit Suisse (CHF 2.86bn), Lehman Brothers (undisclosed amount), Merrill Lynch ($18m), and Morgan Stanley ($120m). Scheherazade Daneshkhu, Caisse d’Epargne in €600m Loss on Derivatives, FIN. TIMES, Oct. 18, 2008, at 20; Associated Press, Rogue Wheat Trader Blamed for $141 Million Loss, N.Y. TIMES, Feb. 28, 2008, available at http://www.nytimes.com/2008/02/28/business/apee-wheat.html; Louise Story, A Question of Value, N.Y. TIMES, June 20, 2008, at C1. 3. Eric Dash & Julie Creswell, The Reckoning: Citigroup Saw No Red Flags even as It Made Bolder Bets, N.Y. TIMES, Nov. 23, 2008, available at http://www.nytimes.com/2008/11/23/business/23citi.html (blaming Citigroup’s $65 billion loss on poor risk controls, lax oversight, and a corporate culture that emphasized greater risk taking in an attempt to expand market share and profits). 4. CELENT, OPERATIONAL RISK MANAGEMENT: THREE, TWO, ONE . LIFTOFF? 4 (2006), http://www.celent.com/reports/OpRiskMgmt2006/OperationalRiskMarket.pdf (predicting a growth in operational risk management expenditures at a compound annual rate of 5.5%, from $992 million in 2006 to $1.16 billion in 2009). 2009] RETURN OF THE ROGUE 129 With this move, the Bank for International Settlements located operational risk management squarely within the category of “enforced self- regulation,” also sometimes referred to as “responsive regulation,” “negotiated governance,” or “collaborative governance.” Although the Basel II Accord requires banks to protect against potential operational losses by holding capital specifically allocated for that purpose, it also gives them an unprecedented amount of flexibility in choosing how to measure operational risk and the resulting capital requirement. For example, under the Advanced Measurement Approach (AMA)— the most liberal of the three approaches available to banks for calculating the operational risk capital charge—banks are allowed to choose their own methodology for assessing operational risk. Critics have raised a number of objections to the Basel II operational risk provisions, including a lack of definitional clarity, concerns over data scarcity, and objections that the necessary modeling techniques are insufficiently developed. Few, however, have examined the Basel II operational risk requirements as a species of enforced self-regulation with its attendant costs and benefits. Theories of enforced self-regulation have been extremely influential, both in the academic community and among regulatory agencies, courts, and legislatures. Indeed, the international banking community itself embraced enforced self-regulation in 1996, when the Basel Committee allowed regulatory minimum capital requirements covering the market risk exposures arising from banks’ trading activities to be based on banks’ own internal risk measurement models. Although this move was widely supported by both regulators and the banking industry at the time, whether such broad-based support will survive the current financial crisis, which many blame on faulty market and credit risk modeling, remains to be seen.5 Many researchers, including this author, have criticized enforced self- regulatory regimes in other contexts on a variety of grounds. This is not to suggest that enforced self-regulation can never provide meaningful benefits. In theory, enforced self-regulation provides an opportunity for innovation and creativity in establishing workable and cost-effective solutions to the problem of operational risk management. Moreover, under certain conditions, this goal appears to have been achieved in practice by some, though far from all, enforced self-regulatory regimes. Assessing the success of enforced self-regulation, however, presents measurement problems, mixed empirical results, and substantial debate among researchers. In short, even many proponents of enforced self-regulation concede 5. See, e.g., Dash & Creswell, supra note 3, at 4 (reporting from anonymous sources that Citigroup’s risk models—like those of many other financial institutions—never accounted for the possibility of a steep nationwide downturn in the housing market and concluded that the possibility of substantial defaults on its subprime portfolio was so remote that it was not included in scenario analyses); Steve Lohr, Wall Street’s Extreme Sport, N.Y. TIMES, Nov. 5, 2008, at B1; Joe Nocera, Risk Management, N.Y. TIMES MAG. (Jan. 2, 2009), available at http://www.nytimes.com/2009/01/04/magazine/04risk-t.html?_r=1& scp=1&sq=%22joe%20nocera%22%20risk&st=cse (highlighting the debate between those who blame the current financial crisis on the reliance on statistical models, such as value-at- risk (VaR), that ignore extreme tail events and those who lay the blame on human error in using and interpreting the models). 130 ARIZONA LAW REVIEW [VOL. 51:127 that its efficacy is highly context-dependent and influenced by a number of factors, including the types of incentives and penalties provided by the regulation, the nature of the problem it is designed to address, and the particular characteristics of the regulated group.6 Leaving aside debates about enforced self-regulation’s viability in other contexts, I argue in this Article
Recommended publications
  • Barings Bank Disaster Man Family of Merchants and Bankers
    VOICES ON... Korn Ferry Briefings The Voice of Leadership HISTORY Baring, a British-born member of the famed Ger- January 17, 1995, the devastating earthquake in Barings Bank Disaster man family of merchants and bankers. Barings Kobe sent the Nikkei tumbling, and Leeson’s losses was England’s oldest merchant bank; it financed reached £827 million, more than the entire capital the Napoleonic Wars and the Louisiana Purchase, and reserve funds of the bank. A young rogue trader brings down a 232-year-old bank. and helped finance the United States government Leeson and his wife fled Singapore, trying to “I’m sorry,” he says. during the War of 1812. At its peak, it was a global get back to London, and made it as far as Frankfurt financial institution with a powerful influence on airport, where he was arrested. He fought extradi- the world’s economy. tion back to Singapore for nine months but was BY GLENN RIFKIN Leeson, who grew up in the middle-class eventually returned, tried, and found guilty. He was London suburb of Watford, began his career in sentenced to six years in prison and served more the mid-1980s as a clerk with Coutts, the royal than four years. His wife divorced him, and he was bank, followed by a succession of jobs at other diagnosed with colon cancer while in prison, which banks, before landing at Barings. Ambitious and got him released early. He survived treatment and aggressive, he was quickly promoted settled in Galway, Ireland. In the past to the trading floor, and in 1992 he was “WE WERE 24 years, Leeson remarried and had two appointed manager of a new operation sons.
    [Show full text]
  • Chapter 5 Role of Cognitive and Other Influences on Rogue Trader
    Chapter 5 Role of Cognitive and Other Influences on Rogue Trader Behaviour: Findings from Case Studies 5.1. Introduction One of the key findings from Chapter 4 was the lack of significant difference in the financial decision-making behaviour of investment professionals compared with retail investors in the survey sample. However, there was a distinctive pattern in the odds ratio in Table 4.5 where investment professionals were seen to be more likely to be affected by behavioural biases when the choices were risky ones. The aim of the discussions and analyses of the selected case studies in this chapter (the qualitative element of the mixed methods approach), therefore, was to investigate the reasons behind the seeming inability or reluctance of investment professionals to ignore the influence of behavioural biases under high risk situations; where their actions could result in either extremely large monetary gains or losses. The discussion in this chapter consisted of three main sections. The first section was a brief account of the events behind five high-profile financial scandals caused by individuals who engaged in unauthorised trading or investment activities on behalf of their financial institutions, or rogue traders as they were popularly known. Section two highlighted some common characteristics of the rogue trading incidents, and section three was an analysis of the behavioural biases and related emotional influences behind the conduct of rogue traders. 132 5.2. Case Studies on Rogue Trading Rogue trading is the term popularly used to describe unauthorised proprietary trading activities by financial market professionals. These trading activities which resulted in significant monetary losses and severe reputational damage to the affected financial institutions more often than not involved transactions in derivative products.
    [Show full text]
  • Société Générale and Barings
    Volume 17, Number 7 Printed ISSN: 1078-4950 PDF ISSN: 1532-5822 JOURNAL OF THE INTERNATIONAL ACADEMY FOR CASE STUDIES Editors Inge Nickerson, Barry University Charles Rarick, Purdue University, Calumet The Journal of the International Academy for Case Studies is owned and published by the DreamCatchers Group, LLC. Editorial content is under the control of the Allied Academies, Inc., a non-profit association of scholars, whose purpose is to support and encourage research and the sharing and exchange of ideas and insights throughout the world. Page ii Authors execute a publication permission agreement and assume all liabilities. Neither the DreamCatchers Group nor Allied Academies is responsible for the content of the individual manuscripts. Any omissions or errors are the sole responsibility of the authors. The Editorial Board is responsible for the selection of manuscripts for publication from among those submitted for consideration. The Publishers accept final manuscripts in digital form and make adjustments solely for the purposes of pagination and organization. The Journal of the International Academy for Case Studies is owned and published by the DreamCatchers Group, LLC, PO Box 1708, Arden, NC 28704, USA. Those interested in communicating with the Journal, should contact the Executive Director of the Allied Academies at [email protected]. Copyright 2011 by the DreamCatchers Group, LLC, Arden NC, USA Journal of the International Academy for Case Studies, Volume 17, Number 7, 2011 Page iii EDITORIAL BOARD MEMBERS Irfan Ahmed Devi Akella Sam Houston State University Albany State University Huntsville, Texas Albany, Georgia Charlotte Allen Thomas T. Amlie Stephen F. Austin State University SUNY Institute of Technology Nacogdoches, Texas Utica, New York Ismet Anitsal Kavous Ardalan Tennessee Tech University Marist College Cookeville, Tennessee Poughkeepsie, New York Joe Ballenger Lisa Berardino Stephen F.
    [Show full text]
  • Price Discovery During Periods of Stress: Barings, the Kobe Quake and the Nikkei Futures Market*
    Price Discovery during Periods of Stress: Barings, the Kobe Quake and the Nikkei Futures Market* Stephen Brown New York University Onno W. Steenbeek Erasmus University Abstract This paper examines price discovery of Nikkei stock-index futures both on the Osaka Securities Exchange (OSE) and the Singapore International Monetary Exchange (SIMEX), around the Kobe earthquake in January 1995, and the collap- se of Barings bank six weeks later. First, we examine the effect of a shock to the economy on a securities market. We study individual variables and conclude that the above-mentioned events did have a large impact. Volume and volatility rise significantly after both events. Interestingly, the earthquake does not have a large impact on the bid-ask spread on SIMEX, while Barings’ collapse does seem to have an effect. An interesting aspect of this paper is the fact that we investigate a financial product that is traded simultaneously on two markets. Prices on SIMEX are slightly higher throughout the sample, indicating an impact of Leeson’s massive purchases on SIMEX, as well as a perceived absence of systemic risk in the aftermath of Barings’ failure. Second, we examine Leeson’s trading strategy more closely. We find evidence months before the actual collapse, that Leeson could be described as a ‘doubler.’ By continuously doubling his position, he tried to trade his way out of the moun- tain of losses. If you do recognize such a trader, you could take him out of the market sooner, limiting systemic risk. An important aspect of doublers is that their trading strategy produces normally distributed returns with a high mean for an extended period of time, followed by a very bad event.
    [Show full text]
  • The Motivations for the Behavior of Rogue Traders
    The motivations for the behavior of rogue traders Thesis By Zuzana Dančová Submitted in Partial fulfillment Of the Requirements for the degree of Bachelor of Science In Business Administration State University of New York Empire State College 2020 Reader: Tanweer Ali Statutory Declaration / Čestné prohlášení I, Zuzana Dančová, declare that the paper entitled: What are the motivations for the behavior of rogue traders? was written by myself independently, using the sources and information listed in the list of references. I am aware that my work will be published in accordance with § 47b of Act No. 111/1998 Coll., On Higher Education Institutions, as amended, and in accordance with the valid publication guidelines for university graduate theses. Prohlašuji, že jsem tuto práci vypracoval/a samostatně s použitím uvedené literatury a zdrojů informací. Jsem si vědom/a, že moje práce bude zveřejněna v souladu s § 47b zákona č. 111/1998 Sb., o vysokých školách ve znění pozdějších předpisů, a v souladu s platnou Směrnicí o zveřejňování vysokoškolských závěrečných prací. In Prague, 23.4.2020 Zuzana Dančová Acknowledgement I wish to thank all the people whose assistance was a milestone in the completion of this project. I wish to express my sincere appreciation to my mentor, Tanweer Ali, who convincingly guided and encouraged me through the process of completing this project. I also wish to acknowledge my family – my caring parents, great brothers, and my patient partner. They kept me going on and this work would not have been possible without their support. I would like to recognize the invaluable assistance that you all mentioned provided during my study.
    [Show full text]
  • Barings Bar None: the Financial Service Agreement of the GATS and Its Potential Impact on Derivatives Trading Vincent Presti
    Maryland Journal of International Law Volume 21 | Issue 2 Article 2 Barings Bar None: the Financial Service Agreement of the GATS and Its Potential Impact on Derivatives Trading Vincent Presti Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons Recommended Citation Vincent Presti, Barings Bar None: the Financial Service Agreement of the GATS and Its Potential Impact on Derivatives Trading, 21 Md. J. Int'l L. 145 (1997). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol21/iss2/2 This Article is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. ARTICLES BARINGS BAR NONE: THE FINANCIAL SERVICE AGREEMENT OF THE GATS AND ITS POTENTIAL IMPACT ON DERIVATIVES TRADING VINCENT PRESTI* TABLE OF CONTENTS I. INTRODUCTION ........................................................ 146 II. THE ROLE OF DERIVATIVE PRODUCTS IN INTERNATIONAL FINANCIAL TRANSACTIONS .......................................... 148 A. A Functional Definition for Derivative Instruments in International Transactions .................................... 149 1. Derivatives Markets ..................................... 150 2. Derivatives Players ..................................... 153 3. Basic Settlement Systems and Procedures for Exchange-Traded Derivative Instruments ........... 157 III. THE BARINGS CRISIS: MARKET AND MANAGERIAL CIRCUM- STANCES AND THEIR IMPACT ON UNAUTHORIZED TRADING ACTIVrrY .............................................................. 160 A. Barings and Its "Old-Boys" Management Style ......... 160 B. The Role of Derivative Trading in the Expansion and the Collapse of the Barings Group's Structure ........... 164 IV. SOME LESSONS FROM CURRENT DERIVATIVE REGULATORY RE- GIMES AND THEIR ROLE IN FUTURE INTERNATIONAL EFFORTS 171 A.
    [Show full text]
  • Banking and Bookkeeping
    CHAPTER 10 Banking and Bookkeeping The arguments of lawyers and engineers pass through one another like angry ghosts. — Nick Bohm, Brian Gladman and Ian Brown [201] Computers are not (yet?) capable of being reasonable any more than is a Second Lieutenant. — Casey Schaufler Against stupidity, the Gods themselves contend in vain. — JC Friedrich von Schiller 10.1 Introduction Banking systems range from cash machine networks and credit card processing, both online and offline, through high-value interbank money transfer systems, to the back-end bookkeeping systems that keep track of it all and settle up afterwards. There are specialised systems for everything from stock trading to bills of lading; and large companies have internal bookkeep- ing and cash management systems that duplicate many of the functions of abank. Such systems are important for a number of reasons. First, an under- standing of transaction processing is a prerequisite for tackling the broader problems of electronic commerce and fraud. Many dotcom firms fell down badly on elementary bookkeeping; in the rush to raise money and build web sites, traditional business discipline was ignored. The collapse of Enron led to stiffened board-level accountability for internal control; laws such as 313 314 Chapter 10 ■ Banking and Bookkeeping Sarbanes-Oxley and Gramm-Leach-Bliley now drive much of the investment in information security. When you propose protection mechanisms to a client, one of the first things you’re likely to be asked is the extent to which they’ll help directors of the company discharge their fiduciary responsibilities to shareholders. Second, bookkeeping was for many years the mainstay of the computer industry, with banking its most intensive application area.
    [Show full text]
  • Barings Bank and Its Rogue Trader
    CASE STUDY BARINGS BANK AND ITS ROGUE TRADER Barings Bank background: Barings Bank plc was a British bank and previously as a merchant banker it was known as Baring Brothers & Co. It was one of the oldest merchant banks in Britain having been founded in the year 1762. As a bank, it was much respected in the United Kingdom and had a long history of successful merchant banking operations. The bank in fact, maintained close business relationship with British monarchy till its failure in February 1995. It started Barings Securities Ltd. (BSL) in 1984 by acquiring a small stock broking firm Henderson Crosthwaite, with a staff of 15 based in London, Hong Kong and Tokyo. The idea was to take advantage of the stock market boom in 1980. BSL was separately and liberally managed company and proved to be very successful by trading in Japanese equity warrants – kind of bonds sold with warrants, which were exercisable into shares. Encouraged by the success in Asian market, it decided to diversify into the field of derivatives. They considered that making profits through arbitrage was a good opportunity in Asian markets. They therefore established Barings Futures (Singapore) Pte Ltd. (abbreviated as “BFS”) as a subsidiary of Barings Bank. The subsidiary was set up to trade in derivative products on Singapore International Monetary Exchange (SIMEX) in 1986. The subsidiary started its operations in SIMEX from July 1992. The Exchange was trading in futures and options in currencies, equities & commodities. Mr Nicholas (Nick) Leeson, who had earlier been successful in making profits for BSL on currency and stock derivatives – mainly through arbitrage, was promoted and posted in Singapore as the trader in charge of BFS operations on SIMEX.
    [Show full text]
  • How a Rogue Trader Crashed
    SPECIAL REPORT Workers assemble a Swiss bank UBS sign at the Marina Bay Street Circuit of the Singapore Formula One Grand Prix September 21, 2011. REUTERS/ TIM CHONG HOW A ROGUE TRADER CRASHED UBS Alleged illegal trades at the Swiss bank have left it bruised and made it more likely that investment banks will face much tougher regulations BY EMMA THOMASSON AND ceiling, and made their way to the gold- For UBS chief Oswald Gruebel -- and EDWARD TAYLOR coloured lifts that whisk guests up to rooms perhaps for UBS as it is currently constituted ZURICH/SINGAPORE, SEPT 27 that overlook the Marina Bay street circuit. -- it was more like the end of the road. The As the bankers sped past works of art by bank’s board had met in Singapore that ATE LAST FRIDAY afternoon, as the likes of Henry Moore, David Hockney afternoon to discuss the loss of $2.3 billion Formula One teams readied their cars and Frank Stella, some made their way by an alleged rogue trader in its London- forL a practice session ahead of the Singapore straight to a lounge UBS had hired to based investment banking arm. Though Grand Prix, the entrance hall of the nearby entertain clients during the race weekend. the board had not yet gone public with the Ritz-Carlton buzzed with activity. At its entrance stood three Singaporean news, it had decided to accept Gruebel’s One by one, senior executives of Swiss women wearing red and white polo shirts, resignation and appoint an interim bank UBS entered the lobby, which is each holding a sign emblazoned with the replacement.
    [Show full text]
  • CASE2 Barings Bank 2
    Barings Bank http://en.wikipedia.org/wiki/Barings_Bank History Barings had a long and storied history. In 1802 , it helped finance the Louisiana Purchase , despite the fact that Britain was at war with France , and the sale had the effect of financing Napoleon 's war effort. Technically the United States did not purchase Louisiana from Napoleon. Louisiana was purchased from the Baring brothers and Hope & Co. The payment for the purchase was made in US bonds, which Napoleon sold to Barings at a discount of 87 1/2 per each $100. As a result, Napoleon received only $8,831,250 in cash for Louisiana. Alexander Baring , working for Hope & Co., conferred with the French Director of the Public Treasury François Barbé-Marbois in Paris , went to the United States to pick up the bonds and took them to France. Later daring efforts in underwriting got the firm into serious trouble through overexposure to Argentine and Uruguayan debt, and the bank had to be rescued by a consortium organized by the governor of the Bank of England , William Lidderdale , in the Panic of 1890 . While recovery from this incident was swift, it destroyed the company's former bravado. Its new, restrained manner made it a more appropriate representative of the British establishment, and the company established ties with King George V , beginning a close relationship with the British monarchy that would endure until Barings' collapse. The descendants of the original five male branches of the Baring family were all appointed to the peerage with the titles Baron Revelstoke , Earl of Northbrook , Baron Ashburton , Baron Howick of Glendale and Earl of Cromer .
    [Show full text]
  • Analysing the Cases of Nick Leeson, Jérôme Kerviel, and Kweku Adoboli in Light of the Control Balance Theory
    Behavioural patterns in rogue trading: Analysing the cases of Nick Leeson, Jérôme Kerviel, and Kweku Adoboli in light of the control balance theory Hagen Rafeld (Vice President, Divisional Control Office, Global Markets Division at a Frankfurt based Financial Institution) Dr. Sebastian Fritz-Morgenthal (Expert Principal, Bain & Company, Inc.) Agenda 1 Introduction p. 3 2 Charles Tittle’s Control Balance Theory (CBT) p. 5 3 The Rogue Traders Leeson, Kerviel, and Adoboli p. 7 4 Applying CBT p. 11 5 Conclusions p. 13 References & Further Reading p. 15 Rafeld & Fritz-Morgenthal Behavioural Patterns in Rogue Trading 2 1 _ Rogue Trading: Historic Overview Rafeld & Fritz-Morgenthal Behavioural Patterns in Rogue Trading 3 1 _ Rogue Trading: Historic Overview (cont.) Source: Hornuf and Haas (2014), Skyrm (2014), and Wexler (2010, p. 6); enriched with own research. Source: Hornuf and Haas (2014), Skyrm (2014), and Wexler (2010); enriched with own research. Global nature & reoccurring phenomenon rogue trading; appearance in various markets and jurisdictions Re-occurring typology/profile: Average rogue trader is male, in its mid-thirties, un- detected for more than 2 and a half years, creates a financial damage of more than $ 1.5bn, and is sentenced to jail for about 5 years Rafeld & Fritz-Morgenthal Behavioural Patterns in Rogue Trading 4 2 _ Tittle’s Control Balance Theory (CBT) Integrated criminological theory, drawing elements from learning, anomie, conflict, social control, labelling, utilitarian, and routine activities theories Equipped with interdisciplinary components, CBT is designed to explain and account for all types of deviant behaviour but also for conforming behaviour (Piquero 2010, p.
    [Show full text]
  • European CGMA® Conference
    EUROpeaN CGMA® CONfereNce Wednesday 13 November 9.00 – 9.30am Registration and coffee 9.30 – 9.45am Welcome and introduction 9.45 – 11.00am Keynote Robert Peston, Award winning Business Editor Over the last five years, the challenges of the economy have had a great impact on businesses across the world, and have changed the way in which organisations conduct themselves. Although the world economy appears to be on the road to recovery, are businesses enjoying the full effect of this? What are the biggest problems that businesses are facing today? This keynote from award winning business editor, Robert Peston, will evaluate the economic climate for companies at home and abroad, both now and in coming years, the risks and opportunities, and set the scene for the conference theme - Beyond the financials. Including Q and A 11.00 – 11.30am Coffee 11.30 – 12.30pm Breakout Essential soft skills Clare Haynes, Soft skills and organisational psychology specialist, Wildfire Ltd Mastering the right soft skills can help gain a decisive edge in modern business, whether you’re presenting to clients, at interview or seeking to impress the executive board. This session will explore how to integrate the tactics necessary for team and the top table. Clare will discuss the vital communication and people skills required to stand out, as well as providing insight into simplifying up-skilling effectively. Attracting talent in times of scarcity Kevin Green, Chief Executive at Recruitment and Employment Confederation (REC) Kevin will look at the current developments in the professional jobs market. The talent war that’s been talked about for over a decade is just about to become a reality.
    [Show full text]