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Thursday, January 16, 2014
Monday, December 2, 2013
Monday, September 2, 2013
Off the Shelf: In ‘Treasury’s War,’ Missiles for a Financial Battlefield
Wednesday, August 28, 2013
DealBook: Justice Dept. Again Signals Interest to Pursue Financial Crisis Cases
Friday, July 26, 2013
Your Money: Aiming to Bring Financial Planning to the Masses
Wednesday, June 5, 2013
Lincoln Financial Hires Morgan Lewis Partner to Head Business Law Unit
Friday, May 3, 2013
DealBook: Deutsche Bank’s Shares Rise as Its Leaders Look Past Financial Crisis
Boris Roessler/DPA, via Agence France-Presse — Getty ImagesJürgen Fitschen, left, and Anshu Jain, co-chiefs of Deutsche Bank of Germany.4:58 p.m. | Updated FRANKFURT — Shares in Deutsche Bank rose for a second day after the bank sold 2.96 billion euros ($3.87 billion) in new stock on Tuesday to help it bolster the size of its capital reserves.
Deutsche Bank has long faced criticism that its capital buffers, the money that banks set aside to absorb losses in a crisis, were inadequate and that it carried too much risk from derivatives and other volatile investment banking products.
But since taking over last year, Anshu Jain and Jürgen Fitschen, the bank’s co-chief executives, have been hoarding profit and selling assets to raise the proportion of capital to money at risk. Bank officials insisted that the share sale was not done in response to pressure from regulators in Europe or the United States.
“It was our decision,” Mr. Jain said on Tuesday during a conference call with analysts. “There was no gun to the head.”
Still, the move will go a long way toward ending the bank’s reputation as one of Europe’s riskiest and least-capitalized lenders. The new capital will allow it to rank near the top among large European banks in the size of its reserves, rather than near the bottom, and to comfortably meet new regulatory requirements.
The bank also raised more than it aimed for when it first announced the share sale on Monday. Institutional investors paid 32.90 euros a share for the new equity, Deutsche Bank said, a discount to the market price in Frankfurt on Tuesday of 35.03 euros.
Shares of Deutsche Bank, the largest German lender, rose 5 percent in New York trading on Tuesday on expectations that the share sale will clear the way for higher dividend payments, even though an increase in the number of shares lowers each shareholder’s cut of profits.
Mr. Jain and Stefan Krause, the bank’s chief financial officer, portrayed the share issue as a turning point that would set the stage for the bank to focus less on its baggage from the financial crisis and more on growth and profit.
“We could see where a capital raise would bring us to the point where the capital issue was off the table,” Mr. Jain said.
European banks have as a rule taken longer to put the financial crisis behind them than American banks. The European lenders have had to deal with the burden of euro zone debt, but they also faced less pressure from regulators to confront their problems. Lately, though, there have been signs that some of the bigger banks are returning to health.
Investors had other good news to cheer from the bank this week. On Monday, the bank reported that net profit in the first quarter rose nearly 18 percent, to 1.66 billion euros, from 1.41 billion euros in the period a year earlier.
Though revenue rose a modest 2 percent, to 9.4 billion euros, the bank was able to cut costs. Mr. Krause said on the conference call that the bank expected to save about a billion euros over the full year.
Some analysts were still cautious about the bank’s long-term prospects. The bank faces uncertainty over the European economy, which is stuck in recession. It also continues to address an array of legal proceedings that could be costly to resolve.
“Whilst we still see risks from litigation, regulation and the macro environment, the strengthened capital position should put the group in a better position to deal with these challenges going forward,” analysts at Credit Suisse wrote in a note to clients. Credit Suisse upgraded Deutsche Bank shares to neutral, from underperform.
Deutsche Bank also said it would raise an additional 2 billion euros later in the year in the form of so-called hybrid equity, a form of debt that converts to shares in time of crisis and can thus be counted toward capital. The bank is waiting for German regulators to clarify rules for such instruments before it issues them.
Wednesday, April 24, 2013
Wealth Matters: Technology’s Impact on the Value of Financial Advice
Sunday, March 24, 2013
As LPL Financial Expands, Scrutiny of Its Practices Intensifies
This article has been revised to reflect the following correction:
Correction: March 22, 2013
An earlier version of a chart with this article misstated a metric in determining the frequency of regulatory actions. It is the number of regulatory actions per 10,000 advisers, not per 1,000 advisers.
DealBook: JPMorgan Chase Inquiry Reveals Status Quo After Financial Crisis
Daniel Rosenbaum for The New York TimesSenator Carl Levin, Democrat of Michigan.People have learned their lesson.
We’ve been told that so many times since the near-death experiences of the financial crisis. Bankers and regulators have flipped roles: now it’s the bankers who are cautious and their overseers who are aggressive.
Details of JPMorgan Chase’s multibillion-dollar trading loss — brought to light by a riveting and devastating report from the Senate Permanent Subcommittee on Investigations — demonstrate what a sham that is. Bankers aren’t acting cautious and chastened. Risk managers aren’t in the ascendance on Wall Street. Regulators remain their duped and docile selves.

What we now know about the incident is that, as the cliché has it, the cover-up was worse than the crime. The losses out of the London office weren’t enough to take down the bank. But as they were building, JPMorgan traders fiddled with risk measures and valuations. The bank’s risk managers defended the traders and pooh-poohed the flashing red signals. The bank gave incorrect information to its regulator. Top executives then made misleading statements to shareholders and the public. All the while, the regulator served its typical role of house pet.
As JPMorgan got into trouble, traders and the responsible executives treated the valuation of trading positions, made up of derivatives, as a puppet made to do what they wanted. The traders pulled on this calculation or that to change the way they were valuing the position to reduce the losses.
Ina Drew, the head of the bank’s chief investment office, referring to how the positions were calculated, asked an underling if he could “start getting a little bit of that mark back.” She then asked if he could “tweak at whatever it is I’m trying to show.” She might believe it is exculpatory that she prefaced the comment by saying to do it “if appropriate” and that the tweak should come with “demonstrable data,” but any idiot working for her would know exactly what she meant: create some rationale to manipulate the valuations to make things look better than they really are.
This discussion did not make it into the bank’s internal report on the incident from January. Imagine that.
Yes, Ms. Drew was ousted. But her actions show that what financial executives do postcrisis when faced with trouble is no different than what they did precrisis. In testimony on Friday, in a quiet voice, she deflected blame up to Mr. Dimon and down to her traders, claiming she was kept in the dark.
The Senate report makes it clear that JPMorgan misled shareholders and the public, particularly on its April 13, 2012, conference call.
That call, which makes up a particularly damning portion of the Senate report, featured a haughty Jamie Dimon famously dismissing the problem as a “tempest in a teapot.”
Of course, it was no such squall. In the call, the chief financial officer at the time, Douglas L. Braunstein, made a number of what appear to be misleading statements about the trades. Mr. Braunstein said the trading decisions were made on a very long-term basis, when in fact the traders were shuffling positions almost daily to make profits and then to disastrously “defend” their positions from further losses. Mr. Braunstein reassured investors and analysts in the call that the trades were vetted by the firm’s top risk managers, when they were not (though top officials, including Mr. Dimon, knew about repeated risk-measure breaches).
This means “there was risk oversight” for the office that made the trades, and the trading “positions needed to comply with limits,” a JPMorgan spokesman, Joseph Evangelisti, said. “We were not aware at the time of all the deficiencies in the risk organization” of the trading group.
In the conference call, Mr. Braunstein also said that the trades were “fully transparent to the regulators,” but, in fact, watchdogs didn’t receive any regular reporting of the positions and received specific information only days before the call.
“What Doug said was accurate,” Mr. Evangelisti said. “No one in senior management at that time believed there was a larger problem in the context of the firm’s size and scale.”
In JPMorgan’s internal report, the call receives scant attention. In testimony before Senator Carl Levin, the Michigan Democrat who heads the Senate subcommittee, Mr. Braunstein fell back on the explanation that he was saying what he believed at the time.
Mr. Braunstein wasn’t available for comment, according to the bank.
Maybe regulators will think it notable that the chief financial officer of JPMorgan misled shareholders in his first extensive comments about the trading losses. Don’t hold your breath.
I don’t even expect much to come out of the evidence that the bank misled regulators. The bank stopped giving its regulator, the Office of the Comptroller of the Currency, important information. At one point, the bank told the agency that it was reducing the size of its positions when it was actually increasing those positions, according to the Senate report.
Despite JPMorgan’s smoke screens, the regulators deserve the public humiliation they have received. They were alerted to risk-measure breaches that should have warned them of problems. By April 30, 2012, just weeks after the trading debacle came to light and before any serious investigation, the Office of the Comptroller of the Currency declared the matter closed, according to internal minutes from a meeting. (At Friday’s hearing, officials from the agency disputed that it was, in fact, closed.)
So, yes, people have learned their lessons, the real lessons of the financial crisis. JPMorgan repeated the same misdeeds that other banks successfully pulled off at the height of the financial crisis: mismarking portfolios of assets and misleading the public. This was condoned by regulators. Regulators and prosecutors have been averting their eyes for years from rotted bank assets and rotted bank morals; why would JPMorgan expect any different reaction in this case?
Mr. Dimon and JPMorgan executives have all publicly donned hair shirts to demonstrate their contrition. Mr. Dimon and Mr. Braunstein even took pay cuts, going from earning many millions to some fewer millions.
JPMorgan argues that Mr. Dimon and Mr. Braunstein told regulators and the public only what they believed at the time. Mr. Dimon and Mr. Braunstein made mistakes, but they quickly worked to clean them up, fire those responsible and change their ways. The losses were small relative to the size of the bank and, if anything, demonstrate the strength of JPMorgan’s diversified business. After all, the bank made record earnings last year.
But I suspect that if you dosed JPMorgan executives with Pentothal, they would reveal they believed all of this attention was a media creation and political showboating — still a “tempest in a teapot.”
“Not true,” Mr. Evangelisti, the JPMorgan spokesman, said. “We acknowledged from the outset that we made significant mistakes, and we have repeatedly apologized for them. We do not blame the media or regulators for these issues. This was our fault totally. All we can do now is fix the problems and learn from them.”
As has happened so often in the wake of the financial crisis, we are left with the spectacle of bankers — here the well-compensated Mr. Dimon and Mr. Braunstein — insisting that they were clueless and incompetent, which would shield them from any allegations of intent to defraud.
As for many longtime officials at the Office of the Comptroller of the Currency, they may well think that this was merely a nuanced mistake that calls for nothing more than careful suggestions of remedies that don’t harm the bank too much. The new head of the agency, Thomas J. Curry, has begun to clean house and re-energize the place, but the overhaul that is needed looks too big for one person.
So let’s take a moment to celebrate a handful of American heroes, Mr. Levin and the staff members at the Senate Permanent Subcommittee on Investigations. Because of them, this corruption has come to light. Friday’s hearing served to emphasize how lonely Mr. Levin’s efforts are. Senator John McCain, Republican of Arizona and the new ranking minority member on the committee, did a yeoman’s job of asking a few questions. Senator Ron Johnson, Republican of Wisconsin, made a few incoherent statements using the au courant phrase “too big to fail,” then scuttled out of the hearing. None of the other senators, Democrats and Republicans alike, bothered to show up.
The 78-year-old Mr. Levin, peering over those glasses that seem surgically attached to the tip of his nose, soldiered on.
But let’s imagine what would happen if this report does what the senator hopes and puts pressure on the regulators to finish a simplified and loophole-free Volcker Rule, which would prohibit banks from making bets for their own profit using taxpayer-backed money. Why should we have the slightest confidence that big banks could be persuaded to follow it? And why should we feel reassured that, if they didn’t, regulators could or would enforce it?
We shouldn’t. And we don’t.
Monday, March 4, 2013
Letters: The Financial Future of Veterinarians
Letters for Sunday Business may be sent to sunbiz@nytimes.com.
Sunday, February 24, 2013
Opinion: Financial Collapse: A 10-Step Recovery Plan
Alan S. Blinder is a professor of economics and public affairs at Princeton, a former vice chairman of the Federal Reserve and the author of “After the Music Stopped: The Financial Crisis, the Response and the Work Ahead.”
Thursday, January 10, 2013
DealBook: Financial Industry Regulatory Authority Plans to Expand Its Focus
Wall Street’s self-regulator is planning to exercise some new muscle.
Richard G. Ketchum, the head of the Financial Industry Regulatory Authority, said in an interview on Tuesday that he would ramp up scrutiny of high-speed trading and a batch of complex products. Finra, Mr. Ketchum said, would take aim at so-called leveraged loans and collateralized loan obligations, along with the potential conflicts that brokerage firms face in pitching their own investments over rivals’ products.
“We’re going to be very focused on conflicts of interest,” said Mr. Ketchum, the chairman and chief executive of Finra. In a statement, Firna added that it would “pursue potential cross-market abuses and refine its surveillance patterns based on new threat scenarios and regulatory intelligence.”
The expanded focus comes as Finra announced on Tuesday that it filed more than 1,500 enforcement actions against financial firms and brokers in 2012, an all-time record for the regulator. Finra, which barred nearly 300 people from the industry, levied more than $100 million in penalties.
“It’s nice to see an upward trajectory,” Mr. Ketchum said.
A private, nonprofit organization, Finra monitors 600,000-plus stockbrokers. The group’s enforcement arm has struggled to shake the perception that brokers and their firms, which pay for Finra’s operations through fees and dispatch representatives to sit on the board, have muzzled the watchdog.
But Finra, Mr. Ketchum noted, is now tracking bigger game. He highlighted the range of cases filed last year, a collection of actions against some of the biggest names on Wall Street. Firna last year sanctioned Citigroup, Morgan Stanley and UBS, among others, for improper sales tactics. Goldman Sachs paid an $11 million fine for failing to keep an eye on its research analysts.
The agency’s enforcement unit, run by J. Bradley Bennett, also waded into the minutiae of Wall Street products, filing cases involving structured investments and leveraged exchange-traded funds. Finra said on Tuesday that the unit could strike a more aggressive tone in 2013, investigating other products and the high-speed trading industry.
“What I like about the cases we brought is the focus on complex products,” Mr. Ketchum said.
Sunday, November 18, 2012
Your Money: Even Capitol Hill Gets the Financial Blues
Friday, November 2, 2012
Bucks: Six Tips for Setting Your Financial Goals
Carl RichardsCarl Richards is a certified financial planner in Park City, Utah, and is the director of investor education at BAM Advisor Services. His book, “The Behavior Gap,” was published this year. His sketches are archived on the Bucks blog.
If you managed to get unstuck and created your personal balance sheet recently, then you should have a really clear idea of where you are today. The next questions you need to be address are these: Where do you want to go? What are your financial goals?
This can be a frustrating process, since it involves making some really important decisions under extreme uncertainty. None of us know what next week will look like, let alone where we will be in 30 years. On top of that, making financial goals involves a whole bunch of assumptions — guesses, really.
We have to guess what our 60- or 80-year-old self will want to do. We have to guess what the markets will do, where interest rates will be and how much we can save. Those reasons and many more often lead us to forget that this is a process. We get stuck, unsure what to do next.
Well, despite all the uncertainty and assumptions, we need to have goals. It reminds me of the conversation between Alice and the Cheshire Cat:
“Would you tell me, please, which way I ought to go from here?”
“That depends a good deal on where you want to get to,” said the Cat.
“I don’t much care where,” said Alice.
“Then it doesn’t matter which way you go,” said the Cat.
“— so long as I get somewhere,” Alice added as an explanation.
“Oh, you’re sure to do that,” said the Cat, “if you only walk long enough.”
But the problem is that we do care where we end up, and part of deciding where to go depends on setting goals.
So there are a few really important things to keep in mind here. Before you get too excited or frustrated, here are a few things to consider.
1. These are guesses.
While it is important to admit these are guesses, you should still make them the best guesses you can. Be specific. Just saying, “I want to save for college for my kids,” isn’t enough. How about, “I’ll find $100 to add to a specific 529 account on the 15th of each month”?
Even though you need to be specific, give yourself permission to be flexible. An attitude of flexibility goes a long way toward dealing with uncertainty. There is something very powerful about having specific goals but not obsessing about them.
2. These goals will change.
It’s a continuing process, and it will change because life changes. But don’t let this knowledge stop you from doing it. You need to start somewhere.
3. Think of these goals as the destination on a trip.
You would never spend a bunch of time and energy worrying about whether you should take a car, train or plane without first deciding where you are going. Yet we spend countless hours researching the merits of one investment over another before we even decide on our goals. Why are you stressing about what stocks to pick if you don’t have goals in mind?
4. Prioritize these goals.
Once you have them all written down, rank each goal in terms of importance and urgency. Sometimes you will have to deal with something that is urgent, like paying off a credit card bill, so you can move on to something really important, like saving for retirement.
5. This is a process.
If you set goals and then forget about them forever, that is a worthless event. This is a process. Since we’ve given ourselves permission to change our assumptions about the future as more information becomes available, we need to do it. Part of the process of planning involves revisiting your goals periodically to see how you are doing and making course corrections when needed.
6. Let go!
As important as it is to regularly review your progress, it’s also very important to let go of the need to obsess over your goals. Define where you want to go, review your goals at set times, and in between, let go of them! Goals for the future are important, but so is living today. Find that balance.
This list may not seem like a big deal, but you would be surprised at the number of people who cannot tell you their goals, let alone break them down into categories or rank their priority. Once you have your goals, you will be able to move on to the next step: making a plan.