Tag Archives: regulators

Paragraphs redacted from P&N Turner submission to PCoBS 24/08/12

These are the paragraphs which were redacted by the Commission’s support staff.

  1. The example of bank misconduct we have lived through from 2003 (and continue to do so) is a microcosm of what happened to the whole sector. While we are not professionals in the financial sector, we have been forced to spend the last five years investigating aspects of the banking industry.
  2. Between 2002 – 2007 many SMEs whose accounts were ‘managed’ at HBOS Reading, were forced to use the services of a consultancy firm, Quayside Corporate Services (QS), or have their facilities withdrawn. QS had no affiliation to any trade body for consultants and employed the services of known embezzlers. The cost to the SMEs for these services were between £2000 and £30,000 per month + VAT and expenses. In many cases HBOS insisted QS personnel or its Director became directors of the SMEs and were given full fiduciary control.
  3. Once QS representatives had control of the SMEs, the Bank then ploughed millions of pounds into them. A lot of this money was used to facilitate luxury lifestyles for Bank employees, QS staff and the QS Director. Many of the companies subsequently failed and their assets were sold in pre-pack administration to new companies ultimately owned by The Sandstone Organisation (we are reliably informed as being controlled by the Bank) but run by the Director of QS and/or his staff.
  4. In late 2006 the Bank sent a team from Edinburgh to investigate the loan book at HBOS Reading. In early 2007 the manager responsible for most of the loan book was suspended and subsequently resigned. Between 2002 and 2008, the Bank caused at least 80 SMEs who had the involvement of QS personnel, to go into administration and/or liquidation. We are told the overall losses to the Bank because of events originating at HBOS Reading, runs to billions of pounds.
  5. In April 2007 HBOS closed the business accounts of P&NT who had also been made to use QS and had complained of serious irregularities between 2004-2006. They became suspicious of the Bank’s sudden and aggressive stance towards them and, because any investigation promised by the Bank had not actually been done, they commenced their own investigation into HBOS Reading. By August 2007 they had uncovered evidence of systemic fraud and identified other victims.
  6. In September 2007 P&NT wrote to the entire Board of HBOS setting out their findings to date. The Board rejected the allegations. Also in September 2007, P&NT tried to inform the FSA of the fraud. The FSA did not start any investigation until mid 2009. In November 2007 they reported the fraud to the Cambridge Police who were persuaded by HBOS not to investigate. In May 2010, Thames Valley Police (TVP) and SOCU initiated ‘Operation Hornet’ to investigate what happened at Reading having, by chance, come across the case at a routine meeting at the FSA. They were not asked to look into it.
  7. 9 people have been arrested thus far as a result of Operation Hornet and charges are expected in September 2012 for ‘Corruption’, ‘Money Laundering’ and ‘Conspiracy to Defraud.’ TVP have said HBOS Reading is potentially the biggest banking fraud in British History. The Bank (now Lloyds Banking Group (LBG)) still denies the Turner’s allegations and have refused to compensate any of the SMEs destroyed as victims of the fraud.
  8. HBOS/LBG have tried to evict the Turners from their family home 22 times between 2007 – after they started their investigation – and 2010. Legal costs for a senior Solicitor to attend 5 of the eviction hearings and to deal with matters relating to HBOS Reading, have been paid via a false account opened by the Bank in the name of the Turner’s business, Zenith Cafe Ltd (ZC). Neither the Solicitor nor his Firm were instructed in the eviction proceedings. Approximately £363,000 has been paid from the account to Denton Wilde Sapte (now SNR Denton). By August 2011, circa £250,000 in penalty interest and charges had been added to the account which then showed ZC owed over £600,000. LBG have said this is not a case of false accounting and the Turner’s should never have been sent details of the account. The FSA is still investigating the circumstances of this account over a year on.
  9. The Turner’s have spent the last 5 years investigating the fraud at Reading and other bank frauds. Despite the thousands of factual documents establishing irrefutable evidence of fraud originating at HBOS Reading they have supplied to the police and the FSA, it is a sad fact no authority has had the power or, it seems, the appetite, to make the Bank deal appropriately with the matter. LBG remains in denial and the victims have remained in limbo for years hoping the authorities would act.
  10. A Parliamentary Commission on Banking Standards can only be of service to the Nation if the submissions and evidence it receives, is acted upon and not discarded because it comes from those who have individual and profound experiences of what has occurred over the last decade plus.
  11. From 2007, we have contacted (and in most cases submitted a lot of copy documentation to) nearly every agency and authority including the Treasury Select Committee, Constituent victims’ MPs, Government Departments, the Insolvency Service, the FRC, the CIB, HMRC, the senior Executives of the three Banks involved, the Financial Ombudsman Service, the FSA, the SFO, 3 police forces, two Prime Ministers and two Chancellors. Apart from Thames Valley Police (TVP) and specifically the ‘Operation Hornet’ Team, all have failed us with vigour.
  12. For example, we were recently told by a senior enforcement officer at the FSA, the Final Notice Public Censure of BoS, published on 9 March 2012, could have been published two years earlier but for the difficulty the FSA had getting the Bank to agree to it because of FSMA 2000 provisions.
  13. In an e-mail of 9th March 2012, Hector Sants personally advised us the 6 redacted paragraphs in the BoS Public Censure Notice, relate to HBOS Reading. Obviously we have not read the paragraphs and TVP have confirmed they have not read them either, though they were redacted to protect their investigation. The Bank has read them yet it continues to deny any malpractice at HBOS Reading over 5 years after it reported it as a ‘control issue’ to the FSA in ‘early 2007’ (see FSA ‘brief’ to TSC, March 2010).
  14. As a very serious example of how professional standards have reached rock bottom, we would ask the Commission how senior bankers: who are fully aware of the details of the fraud at Reading; who have read the redacted paragraphs in the FSA Public Censure; who have no doubt read Hansard on the debate about HBOS Reading of June 2009; and, most importantly, have clear evidence of how the billions of pounds the Bank lost because of the practices utilised in the HBOS Reading debacle, are able to repeatedly deny the fraud and therefore not compensate but persecute its customers?
  15. We give as an example of this, UKFI which, although it is not a bank per se, it was charged with protecting the interests of the public’s share in two of our biggest banks.
  16. We can confirm that, when we attempted to approach UKFI in 2009 to make them aware of the serious criminal activity in HBOS, which has since resulted in a 2 year major criminal investigation which could potentially damage the reputation of Lloyds Banking Group, we met with a number of hurdles – not least that UKFI has no contact phone number in the public domain.
  17. After a series of e-mails to the PR Company (who were very polite but who would not give us contact details for John Kingman or Glen Moreno) we eventually worked out the e-mail addresses and sent the information, which was in the form of a copy of a letter to Eric Daniels detailing the Reading fraud.
  18. Our letter, which gave explicit detail of fraud and corruption in a then bailed out bank, was ignored.
  19. In 2010 we attempted again to give information to UKFI.
  20. Again it was impossible to make direct contact and we were told (politely) by their PR company, it is because “UKFI do not have time to deal with the general public.”
  21. We are not surprised they have little time for the public as the senior executives of UKFI appear to feature very heavily in any number of bank hospitality situations. We use one of many links as an example: http://www.ukfi.co.uk/images/dynamicImages/Hospitality%20table%20April%2010-%20Mar%2011.pdf
  22. We understand ‘hospitality’ is now accepted as entirely normal in business. However, the millions of people who were severely affected by the events at RBS, HBOS and its parent Lloyds Banking Group, may quite rightly consider the remit of UKFI is to dine well – courtesy of the banking industry – while ensuring they have little or no contact with the shareholders they represent.
  23. We eventually wrote to Sir David Cooksey and Robin Budenberg copying them in on a letter to Sir Win Bischoff. We made the point a Parliamentary Authority Member had advised us to do this.
  24. The reply we got from a UKFI representative informed us: ”We would direct you to note our Framework document which governs the relationship between UKFI and HM Treasury as sole shareholder of investee companies. This document clearly sets out the requirement of the independence of the Boards of the banks; in particular, that UKFI ‘will manage the investments on a commercial basis and will not intervene in day to day management decisions of the investee companies’… UKFI operates as an active and engaged shareholder. We have no regulatory powers, and no power to demand any information from the banks which would not be usually be provided in discharging our duties…As you may have read in our Annual report and accounts, our remit is to manage the investments to create and protect value for the taxpayer and to devise and execute a strategy for the disposing of investments……
  25. UKFI, as part of their remit to protect value for the tax payer, did not feel a massive fraud in a bank the public bailed out, was of any interest to the organisation working on behalf of the public.
  26. Similarly, the BBA told us in 2009 that, if what we were saying was true, it was very worrying but they could do nothing about it.
  27. The FSA, when we first contacted them in 2007, would not give us anything other than a generic e-mail address to send sensitive and personal information of many of the victims of HBOS Reading – which, understandably, we would not and could not do.
  28. The FSA did not get involved in any investigation regarding HBOS until April 2009 and just before the Debate in Westminster on the Reading
  29. We have spoken to many people in the banking profession since we started investigating HBOS Reading and many of them have confirmed to us they work under a regime of fear where missing targets would severely affect the bonus structure which, many of the public do not realise, goes right through the banking system and is not limited to senior executives and traders.
  30. For example and notwithstanding the Reading fraud, HBOS informed us in 2004 they were sending an accountant to review our figures. They did not inform us this would cost us over £1000 for a one hour visit. Neither did they advise us before deducting this amount from our account.
  31. Another example is how the banks’ lawyers charged us £3000 for a standard debenture document while our own lawyers charged £270.
  32. In the case of the Reading victims, all of whom were/are Company directors, the losses to their businesses and to themselves, far exceeds £150,000.
  33. In our case, corporate governance has allowed an internal fraud to progress to a major police operation and FSA investigation because no one at Board level would deal with the matter appropriately, in either HBOS or LBG.. Or so it would seem given the repeated denials for 5 years that anything was wrong.
  34. We have pointed out to the various Boards under various stewardships (Andy Hornby, Eric Daniels, Antonio Horta-Osorio) and on various occasions, the potential damage to the reputation of the Bank because of the scandalous proportions of the HBOS Reading fraud, should have been curtailed and minimised by proper adherence to the Law and sensible damage limitation.
  35. We have no doubt the Bank executives considered it impossible we, as customers, would ever have progressed the investigation of the fraud this far. But that is no excuse for their lack of corporate governance which: a) allowed such a huge fraud to be perpetrated against the Banks’ clients and its shareholders in the first instance and; b) exposed an extreme lack of corporate governance which would put the good name of the Bank at risk and further penalise the victims of an internal bank fraud, by attempting to cover it up rather than exercise proper management, governance and damage limitation.
  36. We advise the Commission, a former HBOS Executive has confirmed to Paul Moore that, in the over £1 billion Reading fraud, only a minority of the Board were “in the know” in 2007 while the others were told HBOS Reading was a minimal problem concerning amounts up to £49M and it had been dealt with.
  37. Clearly this was a case of executive and non executive directors being kept “in the dark” as to the true events concerning the Bank’s risks. Again we would suggest non executives, because of their other commitments, are unlikely to seriously challenge reports from executive directors or committees.
  38. It would be wrong for us to go into any great detail of how we feel the internal audits and controls at HBOS between 2002 and 2007 were a total misrepresentation of the true facts, as we would go into territory that could be harmful to Operation Hornet. However, there is absolutely no doubt that, overall, HBOS and particularly Bank of Scotland had, by 2004/5, become the ‘basket case’ of banking. This is not a term we invented but a term we have heard used by many people in the banking sector.
  39. It could (reasonably) be said we are not the biggest fans of the FSA. However, we can only conclude that, in the case of HBOS, the information given to the FSA with regard to internal audit and control between 2002 and 2007, was, in many instances, a work of fiction – the Arrow Reports.
  40. This was clearly evidenced in 2010 when the FSA sent the TSC a document detailing their version of events originating at Reading and based on a ‘control issue’ reported to the FSA in ‘early 2007’. It was fortunate the TSC copied the ‘brief’ to us so we were able to amend the document with the true facts.
  41. On a specific note and given it does not fall within the remit of Operation Hornet, we would draw to the Commission’s attention the false account HBOS set up in the name of our Company, Zenith Cafe Ltd., to pay the Bank’s legal expenses relating to HBOS Reading. These fees were nothing to do with Zenith.
  42. The account was opened in March 2008 and we were not aware of it until we started to receive interest statements from January 2010 and letters advising a ‘£30 Excess Overdraft fee’ had been added and would we bring the account into line with its facility. In June 2011 and after two requests from the Company’s Accountant, we received all the historical statements which itemised debits and the interest and charges applied. We believe they were sent by a whistleblower and the Bank have since confirmed we were not supposed to have sight of this documentation.
  43. The bank have said this is an ‘internal account’ to keep track of the costs relating to Reading and they never intended to ask us, as Directors, for the money back. We already had letters asking for the money.
  44. Additional to the £372,000 for debits made from the account, predominantly for fees to Denton Wilde Sapte (now SR Denton), the Bank have added approximately £250,000 in penalty fees and interest thus eliminating the possibility this was an internal ‘managers obligation account.’
  45. The account clearly shows a £372,000 debt of the bank as also being a £600,000 debt of our company, so a credit of the Bank. Clearly it is false accounting which we have reported to the FSA and the police.
  46. The FSA, after one year of investigation, say they have not got to the bottom of the matter. We bring it to the Commission’s attention because we do not consider it is at all likely this account is in isolation.
  47. As external whistleblowers, we would warn anyone pondering this route to consider carefully what they are doing before they start. In 2007 when we first uncovered the Reading fraud, we believed it would be quickly remedied for the victims by reporting the matter to the Board of the Bank. Nothing could have been further from the truth.
  48. As noted in para. 13 above, we have, since 2007, contacted every agency and authority possible alerting them first to the fraud and secondly, to the untenable consequences for the victims.
  49. Five years on, the situation remains the same for the victims. The Bank remains in denial despite a two year criminal investigation; we have undergone 22 eviction hearings in 3 years in an attempt by the Bank to silence us and which the Bank paid its additional legal costs via a false account in the name of our company (the actual legal costs were added to our mortgage) and; we continue to live like paupers.
  50. Finally on this aspect, we have personally seen some extraordinary fantasy accounting and conclusions from the Big 4 auditors in the HBOS Reading scenario, including serious breaches of accountancy standards and breaches of the Law. We are not at liberty to evidence these breaches to the Commission at the present time but we certainly will be able to when Operation Hornet is concluded.
  51. In June 2011 we prepared a dossier establishing a ‘time line’ of the conduct of the FSA in relation to the HBOS Reading fraud. This document was copied to the Treasury Select Committee and we would be happy to submit the same to the Commission, if requested. It is a detailed example of the conduct of the FSA in relation to established criminal activity in a bank. Over a year later, nothing has changed for the victims of HBOS Reading and the FSA has taken no enforcement action against the individuals at any level and who enabled the Reading fraud to happen.
  52. At all costs banks will not admit any fault or accept any responsibility even where the evidence clearly promotes a different approach. We cannot calculate how much money HBOS and subsequently LBG have spent defending their position regarding HBOS Reading but almost certainly, the end tariff will cost much more than it would have cost had the Bank dealt appropriately with the matter back in 2007.
  53. We use this question to highlight all we have said in our document and, in order to give the Commission perhaps the most blatant example of just how low professional standards have gone in banking, we use the Farepak debacle as an example.
  54. Our interest in this case dates back some time as the HBOS employees tasked with the Farepak problem, are the same team charged with dealing with the SMEs whose accounts were held at Reading and whose businesses had Quayside Corporate Services imposed upon them.
  55. We have read some of the transcripts of the Farepak trial (May to June 2012). The case against the Directors of EHR was brought by the Secretary of State. It claimed those directors were responsible for 133,000 people on low incomes unwarrantedly losing money they had saved for Christmas vouchers.
  56. What the case actually exposed was how the HBOS team used ‘hard nose tactics’ to block any solution the Directors of EHR proposed in their attempts to save the depositor money and keep Farepak trading.
  57. We don’t intend to go into great detail and we do not believe the Farepak injustice is a closed book.
  58. EHR requested additional funding of £5M in April 2006 to trade the company out of a problem caused by the demise of its main voucher supplier. In its attempts to source this shortfall, which the Bank would not facilitate, EHR was made to spend well over a million in fees to accountancy firms.
  59. HBOS, who refused to ring fence any of the savers’ money already deposited, received a further, circa £18M between April and October 2006 from the Farepak savers. This cashflow was used by the Bank to reduce EHR’s borrowings and allowed the business to carry on trading.
  60. The EHR Directors pursued at least 7 different avenues to secure the funding during this period, none of which were acceptable to the Bank and the Company was put into a pre-pack administration at the beginning of October 2006 causing the savers to lose all their money.
  61. As a PR exercise, HBOS initially put £2M into the ‘Unfairpak’ campaign and more recently they have added an additional £8M. We believe the winding up of the Business will finally cost circa £9M.
  62. Therefore a total of at least £10M has been paid in fees by a business that was looking for £5M additional funding; the whole exercise has cost HBOS itself £10M plus a serious loss of reputation; 133,000 people lost a net total of approximately £25M of the £37M they thought they had saved to ensure their families had a good Christmas plus they suffered all the anxiety caused by this conduct.
  63. A team of 3 or 4 people under the ultimate leadership of Peter Cummings, who was CEO of Bank of Scotland in 2006, brought about this shameful situation. We would make the point; in the transcript, one of the 4 describes his job as being part of the ‘High Risk’ team in 2006.
  64. When we dealt with the same team of people in 2007, their title was ‘Impaired Assets – Structured.’ The difference between High Risk and Impaired Assets is very clear. High Risk may look at resolving a situation by the addition of extra funding. Impaired Assets has a remit which does not include the possibility of any additional funding whatsoever and almost always, unless the clients themselves have a financial resolution, has an insolvency outcome.
  65. The Bank’s position and conduct is laid out very clearly in the transcripts of the case, days 11, 12 and 13. We believe it begs a question of whether HBOS ever intended to find a solvent solution for Farepak or whether the team from HBOS was, in fact, the ‘Impaired Assets’ team who always intended to put Farepak in Administration and simply allowed the directors of EHR to go through the process of finding a resolution in order for the Bank to get in all the savers’ money?
  66. Having met this ‘team’ and having seen how the SMEs associated to HBOS Reading were dealt with by this team, we suggest there was never any intention of saving Farepak. And while we fully appreciate a bank has every right not to extend further credit to a customer (business or individual), we would point out to the Commission that, simultaneous to the Bank’s refusal to assist Farepak with further, minimal funding, it was ploughing tens of millions of pounds into a business with almost no turnover and which had been put under the control of the Bank via its consultants.
  67. In July this year we sent information to a representative of Unfairpak who attended a meeting with Dr. Vince Cable MP after the Farepak trial had concluded and which placed no blame on the Directors of EHR. Our purpose was to evidence the blatant ‘double standards’ the Bank was applying to businesses at the time of the Farepak demise. Following is an extract from our e-mail and the figures are factual:          “..The other thing we think you should know is that contemporaneously to EHR going into liquidation for the lack of £3M to £5M, BoS was ploughing millions of pounds into a company called Corporate Jet Services (CJS). Looking at their accounts and giving a rough calculation, we can see the Bank allowed CJS to increase its borrowings by £19.671 million between April and September 2006 and the turn over for the same period in the cash book was £497,770 of which just over £125,000 was a repayment of VAT from HMRC.
  68. The Bank would say of course, it is down to their discretion how much money they give companies. However, it should be noted the Bank owned all the shares in Corporate Jet Services and despite the tens of millions of pounds they put in to the Company, it went into Administrative Receivership on 26th September 2007 owing the Bank £113M, according to PwC’s Administrator’s Report. Post the appointment of PwC, the Bank allowed the Company to pay £26, 244,708.73 to one subsidiary which was then sold to the now ex directors of the company for £1.00; £2,407,314.31 to another subsidiary that was also sold to the ex Directors for £1.00 and also £333,912.40 to PwC, who had already received £160, 054.84 a month before the Company went down.
  69. In total, the Directors of the Company (one of whom is a main suspect in the Reading case) paid £7.00 and a promise to acquire all the assets of CJS leaving the Bank with a massive debt which, had they taken action in May 2007 when they first brought in PwC to produce a report on the viability of CJS, the amount would have been reduced by at least £6 million.
  70. Additionally, this company had a £800,000 agreed overdraft facility that should have been renewed on 27th November 2003 but wasn’t and by the end of April 2006 the Company had an unauthorised OD of £28.6M according to the accounts for the year ending 31st December 2004 filed at Companies House and which were signed off in June 2006.
  71. Some additional points to be noted from the above comparative scenario between CJS and Farepak. The person dealing with both situations for the Bank, was the same. The PwC person involved in both matters was also the same. The PwC person not only advised the Bank regarding the failed rescue packages in the Farepak debacle, he was also the Bank appointed Administrative Receiver of EHR.
  72. An editorial note concerning the above e-mail extract. It should be noted the sale of the CJS subsidiary Companies to the ex Officers of CJS for £7 and a promise, was completed immediately prior to the Company being placed in Administrative Receivership on 26th September 2007. The first payment stated above as being made by the Bank to one subsidiary Company for £26+M, was made on 27th September 2007 and the payment to a second and different subsidiary also sold on 26th September, was made on 9th October 2007. Both payments post date the appointment of PwC.
  73. We are now into our 9th year since we unwittingly became the victims of the HBOS Reading scandal. Even if we one day get to the end of it and receive the compensation we are undoubtedly due, no one can give us or our families back the 9 years we have lost.
  74. Similarly, no one can give back the Farepak victims’ Christmas of 2006. These are just two scandalous situations out of many caused by bad banking practice. The most worrying thing is – no one has done anything to curtail this sort of behaviour and it continues.

The Village Of The Dammed – How Did We Get Here?

The other night I watched John Carpenter’s ‘Village Of The Dammed.’ I’ve seen it before and, much as I like John Carpenter films, I’m sure he would agree it is a bit dated (although the message is still very clear). But you know what it’s like when you get to that point of the evening, after an exasperating day, when you end up watching whatever happens to be on the TV but without making a conscience choice? Well that was me.

Some times I think nothing is random. As it turns out the film was actually so relevant to life in the 21st Century, it was even more scary now than when it was made. All the way through the film I kept thinking – this is where we are now. A very small minority has the ability to control and torture the majority. In that case it was a bunch of children sired by an alien life form. In our case it’s a bunch of bankers who don’t only have control over the people but also control over Governments. The same Governments who profess to work for the people because they were elected by the people – but, it would seem, are terrified of the banks.

It’s been interesting therefore to realise there is one species that considers itself superior to everyone – the so called Elite which includes bankers but also sharp practiser’s who are so wealthy they believe (and who would realistically question them) they are a cut above everything and even morality . Which is why Philip Green – the mega mogul who has been unbelievably successful in getting multi millions from banks can, it would seem, simply refuse to attend a hearing in front of a Parliamentary Committee if he doesn’t want to. Not only that, his terms for attending are so ludicrous (he requires the resignation of the Chair of the Committee) he knows they would never be adhered to – so he just won’t turn up and he’s off the hook. In a world full of sharks, there is always a bigger shark somewhere.

For anyone who doesn’t know who Philip Green is – he is the name behind a whole host of High Street stores like Top Shop, Debenhams, Dorothy Perkins, Burtons etc. etc. and, of course BHS. BHS which went into administration recently causing the loss of 11,000 jobs and with a £500M plus deficit in the pensions fund.

I think it would take a team of forensic accountants a very long time to get a clear picture of Sir Phil’s business empire and I’m not sure it would be possible unless all those Countries participating in the ‘off shore accounts club’ were to reach a unilateral agreement on transparency. It’s more likely Boris and Dave would make up and form a new State with Putin as its leader.

So this is where we are:

Our banks are so big they cannot fail. Our Government is so afraid of offending financial services they have agreed to the terms of La La Land. We have laws but they don’t apply to everyone and in part because the majority of people can’t afford the process of accessing the Courts let alone applying the laws. Our regulators (should I add our honoured regulators) seem so biased towards their remit of ‘Market Confidence’, they’ve shelved ‘Consumer Protection’. Our auditors are so reliant on mega bucks from Corporations they wouldn’t say boo to a toxic goose even if it was about to suffocate every one in a thousand mile radius. And, to add insult to injury, we have people like Philip Green who has milked the banks (including banks bailed out by the tax payer), and is now demanding the resignation of the Chairman of a Parliamentary Commission because – well, what better way to get out of answering any questions about anything.

If MPs annoy him enough, I dare say he’ll be so miffed he’ll close down the whole kit and caboodle, sell up and retire to Monaco. Yes he might lose his Knighthood but does anyone really think he gives a rats arse about a title as opposed to the several hundred million pounds it would now cost him to keep it? And if he did pay to keep it, how honourable would that appear to be? It wouldn’t change what happened to BHS or the cavalier way 11,000+ have been treated. It would just mean a billionaire dropped a few hundred million to remain a Knight of the Realm. What value would that put on being a Knight Of The Realm?
None of it says much for the progression of Capitalism. Not that Socialism, Communism or Fascism have worked too well either. So where do we go from here? Have the so called ‘Elite’ won the day? Have we come so far a billionaire can take delivery of a multi million pound yacht while thousands of people lose their jobs and their hard earned pensions and there’s nothing anyone can do about it? Unfortunately I think the answer is yes. Legally Parliament has no power over perceived inequality and proving a legal case against a smart operator getting incredibly wealthy at the public expense, is a non starter. Morally, Parliament has every right to ask questions but legally (and it’s all about the law), what good can pointing out moral obligation do?

Many people have watched ‘The Big Short’ and many people have been shocked by it – but most people in SME Alliance won’t be. Most of them are living with the consequences of the laws of La La land. The members of SME Alliance are exasperated at the way in which bankers have trampled over our businesses and our lives and we have made a small but definitely recognisable protest. We’re not particularly brave at SME Alliance but so many of us have been put with our backs against the wall we have had to collectively object and come out fighting. I’m sure, to those running multi billion Corporations, be they banks or business empires, they feel we are no more than gnats trying to infiltrate a Rhinoceros hide. If the likes of Philip Green can brush off Parliamentary Committee’s in such a cavalier manner, it doesn’t hold out much hope for us lesser mortals. Or does it?

People power – when enough people recognise corruption and inequality is getting out of hand, the results, historically, have repeatedly been surprising. The EU Debate will be the best test of people power. Whether you’re IN or OUT, it’s becoming more and more apparent that the people running both shows just don’t know any more which way the public vote will swing. And that has been a wake up call for those who thought the public were neither here nor there in the debate. As it turns out, it wouldn’t even be easy to rig this vote because there are strong forces on both sides.

However, if we do come out of Europe and for many reasons I have always been for Brexit, I see no bright future for Britain while we remain entirely under the control of an elite minority who can’t even be called to account by Parliament. Staying in Europe or coming out will result in little change unless we re-instate democracy, morality and the law – and we’re a long way from that while the powers that be have no ability to ask questions, let alone hold people to account. Even if Philip Green does turn up and answer questions in front of the Parliamentary Committee and even if the Committee don’t like his answers, what can they do about it?

As it turns out, ‘The Village Of The Dammed’ is not as dated a concept as I thought.

Dear Sirs, this is hardly flattering. Please redact. #HBOS

IMG_3454I’m confused – for years now the FSA followed by the FCA have been looking into the conduct of HBOS. Whether or not he is considered good guy or bad guy, I know Hector Sants (who admittedly took some persuading) was eventually keen to get to the bottom of what had been going on in HBOS and he wasn’t in the mood for ‘cover up’ when he released the BoS Censure Report in March 2012. Not long after that he mysteriously went from being the golden boy tipped to take a top job at the Bank of England, to relative anonymity. Since then nothing has been heard about the Section 168 Report commenced in June 2010 specifically into HBOS Reading (probably because of the ever pending criminal trials due to start in January 2016) and the overall report into HBOS and its top management has been continually delayed.

Articles in the press yesterday seem to confirm that report will be out next month (October 2015). However, even now, after the endless delays and God knows how much spent in legal fees by the Bank (I imagine Lloyds has picked up the bill for Stevenson, Hornby, Cummings and Crosby – if he’s actually included) and the regulator, we have now been warned to expect redactions.

How does that work? The regulator does an in depth investigation into the catastrophic demise of HBOS and the people who were running the Bank don’t like the conclusions the FCA have reached – so they are able to have certain parts redacted. I’m not saying the report found anything criminal (although in my personal view I fail to see how it couldn’t have found some very shady conduct) but even in a civil court, could someone ask a Judge to redact the bits of evidence they don’t like? Imagine, “your honour, I don’t think the evidence before you puts me in a favourable light so I’d like that bit crossed out.” I would love to have any current photo taken of me photo shopped so I look thirty years younger but the truth is, I’m not. These possible redactions are similarly trying to change history – and it can’t be done. Neither should anyone countenance attempts to do so.

I have been told (repeatedly) that the FCA has quite extraordinary powers, should it care to use them. I know the powers of the FSA were split between the FCA and the PRA but all the same, how can top bankers or their legal teams, oblige the regulator to redact the findings of its own report? It makes no sense. Neither does the sharp ‘Harp’ exit of Mr Wheatley make sense. I find the whole thing very concerning. Rumour (or the media) has it, Mr Wheatley was too ‘consumer friendly’ and this did not fit in with Mr Osborne’s plans to make sure the City Of London retains pride of place in the financial world. Which is a bit odd because lately, even the BBC has been portraying the Square Mile as something akin to the Guild of Thieves from the Disk World.

Therefore, what worries me is this: if Mr Wheatley had to go because he wasn’t banker friendly enough, how can we expect Mr Osborne to allow a full, frank portrayal of what went on at HBOS?

Although various MPs and, I think, the TSC have demanded to see any redacted passages, how can other people, who have first hand experience of what was going on at HBOS, ever challenge what they will never see? I do know what some of the information and evidence the PRA received to contribute to this report was, as I sent some, as did Paul Moore. We didn’t send it randomly in the hope someone would read it, we were in direct contact with the PRA and the Bank of England via the Governor and we know they all received and read our evidence. Consequently we have our own views on what the FCA Report should include. It’s not a pretty picture and I have often wondered how the bankers concerned would refute this evidence? Well obviously, if the contentious or nasty bits of the report are redacted, they won’t have to!

Redaction has been a big issue with SME Alliance recently. Members sending Direct Access Requests (DSAR) to get their information from their own central files in banks (mostly RBS) have received such varied replies, we’ve asked both RBS and the Information Commissioners Office (ICO) to clarify exactly what members should expect to get. The answers so far have been as clear as mud but it is pretty clear no one should be getting entire pages redacted. Neither should anyone be getting information that has been manipulated or tampered with (that’s another story coming soon). We are struggling to get to the bottom of Section 7 of the Data Protection Act 1998 and a definitive interpretation. But I’m not sure Section 7 of the DPA was ever intended as a barrier to regulators publishing reports on banks or bankers! Neither was Maxwellisation and the remarkable Re-Maxwellisation meant to be used as a means of delay or ‘cover up.’ These are clearly new techniques invented by the very clever (and well paid) lawyers of La La Land – but that doesn’t mean we or the regulators should blithely accept them.

My other concern is that while this report may actually be more candid than others before it (I’m remembering the 1 page press release fiasco from Lord Turner about RBS http://www.publications.parliament.uk/pa/cm201213/cmselect/cmtreasy/640/640.pdf ), it will be written in such a way as to minimise any potential legal actions against Lloyds Banking Group who merged with HBOS. Contagion is a huge issue for the banks and I’m sure the emphasis of this report will be on “this is what HBOS did but Lloyds were totally unaware of any of this.” Which begs the question (again) – why would Lloyds go ahead with such a critical merger without knowing chapter and verse of what they were getting involved with? Money laundering rules being what they are these days (or profess to be), banks need so much information to open an account, I’m waiting for “what colour knickers are you wearing” to be added to the list of KYC questions. So it is inconceivable Lloyds had inadequate detail about their new partner. And, in my opinion, Lloyds didn’t just merge with HBOS, they’ve done a pretty good job at morphing into the same sort of unethical and unattractive organisation.

Last thing – I know many victims of HBOS have waited years now for some sort of closure. The criminal trials regarding HBOS Reading have taken years to happen (if they ever do) and the various reports on HBOS have been endlessly delayed and now (probably) redacted. While I don’t suppose the ex management of HBOS have been quite as cavalier about the FCA report as they were about running the bank, I very much doubt if any of them have suffered anything like the hardship the banks’ victims have. Some of us have had our businesses ruined and our lives on hold for many years. Not to mention the many people who lost their savings and their retirement plans via the disastrous way HBOS was run. So I really hope, regardless of the HMT’s desire to hang on to its golden goose (that many of us feel is actually a dead duck), that when the HBOS Report does finally come out, it is as honest as harsh and as damning as it should be. Hector left us with the BoS Censure Report – before Mr Wheatley left, let’s hope he finished the job and, for once, let the blame fall where it’s due.

Save The Bank, Call In The Diplomats! Really??? #RBS

IMG_5058aBefore SME Alliance was started, I would have been hard pressed to believe any bank could behave as badly as Bank of Scotland and its keeper Lloyds Banking Group. Now I’m pretty sure RBS could give HBOS/Lloyds a run for their money in the bad banking stakes. Not a day goes by without a new nightmare story about RBS or Nat West arriving in the SME Alliance in box. Which isn’t to say HBOS/Lloyds has been knocked off my top spot but is rather, a sad reflection of how systemic malpractice is in our banks.

Consequently I don’t know whether to be shocked by the news Jacob Rees-Mogg has asked UKFI to call in the troops to get RBS out of it’s £5BN fine from the US, or whether I think he has a point? From my own point of view it’s tough enough to get RBS to compensate the many UK firms it trashed in its GRG division or it has forced into bankruptcy with exorbitant exit fees for destructive products like IRHP. In fact it’s hard enough – in the face of indisputable evidence, to get them to admit black is black. Paying £5BN to the Americans will surely make it even tougher for UK victims of RBS to get compensation? And what about shareholder (taxpayer) value? We’re already reportedly going to lose £13BN on the sale of RBS – do we have to add £5BN to that figure?

On the other hand, as the US authorities have levied this penalty for the banks sub-prime activities, should RBS, yet again, get away with no penalty? God knows why (and he’s not telling) but apparently senior bankers can’t get prosecuted for the multi billion pound scams they over see, so would it be right to use diplomatic means to curtail the US ability to fine banks as well?

I think this is quite an extraordinary conversation reported in the Telegraph today:

(UKFI) “Are you saying to the Treasury they should use the government’s diplomatic efforts with our closest ally to avoid the British taxpayer being fined $8bn by the American taxpayer?”

(Mr RM)“If I were you, I would be saying, what is the British embassy for if it is not trying to get RBS off this fine? Our closest ally fining us $8bn is pretty stiff.”

There’s a spin and a half. This suddenly isn’t about the misconduct of RBS in America and the penalty they should pay. No, this is about American taxpayers trying to fleece British taxpayers! And if the Americans don’t want to go along with this so called justified diplomacy to get RBS off the hook, what next? Call in the tanks? Really?

Leaving the American issues to one side for a moment, yesterday an article in Reuters, suggested Ross McEwan may have to admit the GRG division of the bank actually did do what many of us have been screaming from the roof top for years – it has been deliberately ruining SMEs and taking (stealing) their assets. Apparently the FCA have “got something” which is a bit of a game changer and the forthcoming report will expose this – or some of it. And this news has come out now because? In my opinion I’d say it’s because the bank is preparing us for an announcement in the near future along the lines of:

we are shocked to discover that in certain instances the allegations made about the treatment of SMEs by the GRG division may potentially have some validity. As a result of the FCA investigation we now have enough evidence to show a small number of SMEs have indeed been poorly served by the bank and we will, of course, make enquiries into what happened in these cases with a view to contacting affected parties.”

Someone who spends a lot of time investigating what goes on in RBS told me a few days ago that, in the event all the outstanding issues RBS has with SMEs were to be addressed, the bill for proper compensation would be in the region of £40BN. Of course that’s not going to happen. If politicians are kicking off at the idea RBS have to pay the US £5BN, what are the chances this Government would allow the bank to pay UK SMEs eight times that? None. The Government may not have any full proof way to stop the US getting its money but they have all sorts of ways to make sure SMEs can’t get theirs. It’s a tall order for most SMEs to even get into a Court room to progress a claim let alone take on the bank’s mighty legal teams.

All the same, I know there are some very determined people out there and some big class actions in the pipe line. With such large losses looming, George Osborne must be worried about the share sale he is so determined to achieve. That’s without even considering the debate on whether or not he should be selling RBS in the first place. I know there’s many organisations and campaign groups who feel RBS should just be nationalised and then split up into smaller banks that would at least be of some use to society. I would agree except that we’ve already lost a fortune on this bank and nothing I have seen or heard in the past 6 months convinces me of anything other than the fact RBS is heading very fast into a brick wall.

Whether the bank is sold back into the commercial world or nationalised, the barrage of allegations and litigation heading its way is not going to stop. And some of the things coming have not even been mentioned yet – in fact I don’t even know if Ross McEwan is aware of what’s coming? I’m very sure the FCA doesn’t.

I suppose another option is if Jeremy Corbyn were to become Prime Minister – he might nationalise RBS, insist no shareholders got anything and no one could could litigate against the bank? But I can’t see that going down well with anyone and least of all the bankers who might then be asked to live on a normal wage.

So what should happen to RBS? Who knows? My husband thinks (and he even said it in a meeting at 10 Downing Street) the only way forward between the banks and the SME sector is a “truth and reconciliation” scenario. It would cost a lot for the banks to come clean and work out suitable compensation for the thousands of SMEs they’ve gratuitously ruined but, were such an agreement even vaguely possible, everyone, including the SMEs would have to take a reasonable and moderate approach. And the billions of pounds the banks would save on expensive lawyers, barrister and court fees would go a long way too righting wrongs, getting the SME sector back on it’s feet and re-establishing some trust.

#RBS to sell or not to sell – won’t make any difference to the fact this bank has backed itself, the Government and the Country into a corner. And no, Mr Rees-Mogg, the British embassy is not there to protect a British Bank from the consequences of its own misconduct. The tax payers didn’t ask for the opportunity to bail RBS out and become shareholders – it was a fait accompli. As such, one would have thought our own Government, regulator’s and justice system (not to mention UKFI) would have been keen to protect the public investment and stop our bankers behaving like bandits.

One last thing – Nick Gould and I had a great meeting this week at the Metro Bank with Peter Musumeci Jr, the right hand man of Vernon Hill. I’m not saying the Metro Bank is perfect and any SME owner could waltz in there tomorrow and get exactly what it wants. However, not only would I say the ethos of the Metro Bank is refreshingly different to our big banks, they also listen and wanted to know what are the key things the SME sector is looking for in a bank. Funnily enough, a lot of what we want is contained in the FCA Principle for Business, starting with principle 1. Integrity. Sadly integrity has been off the menu in some banks for so long I can only think some of our more illustrious bankers have forgotten what it means.

Photograph © Laura Maria Photography 2015

Maxwellisation? Enough already.

So first we had the so called ‘credit crunch’. Bankers all over the world, all paid telephone number fees, ran banks into the ground and brought various economies to their knees. Then we had the bailouts – Governments all over the world and not least the UK, decided the best way out of the ‘credit crunch’ was to give the banks billions of pounds, dollars, Euro’s, you name it, they gave it, to the banks to replace what they lost in their bizarre spending frenzy. And that resulted in mass austerity across the UK, Europe and the US – probably elsewhere as well but I’m not an expert.

Then came the clean up – or the apparent clean up. What happened to cause the credit crunch and how regulators and Governments could ensure we wouldn’t get a repeat performance anywhere in the near future? And how was this clean up done? Well that’s the latest page in the most bizarre story of the 21st century history book – we clean up by burying as much truth as possible and where we can’t – because the public are demanding explanations – we introduce Maxwellisation.

I’ve read various explanations of Maxwellisation and they make as much or even less sense to me as the fateful and long drawn out love affair on the Maxwell House advert. I don’t know what happened in the agonising and tragic story of a love affair that was almost but never quite fulfilled. I certainly don’t know what it had to do with coffee! And similarly I don’t understand how the exploits of Robert Maxwell – who apparently ripped off not just his own company but also pension funds – could be introduced as a legitimate way to stop the rightful exposure of wrong doing?

I may be mad but surely we’ve got it the wrong way around? If our regulators and their third party experts do in depth investigations into situations and come up with explanations, in the form of reports, which finally expose the truth, how can it be right that the people named and blamed in those explanations, can challenge the reports before they are released? Are we saying our ‘experts’ and our regulators may have got things completely wrong? Is it in the nature of ‘experts’ who spend years doing these reports at vast expense to the public, to get it completely wrong? Is that an equation our regulators start with? I don’t think so.

This is like an appeal in the justice system happening before the trial. So the crooks, let’s say for the sake of argument bank robbers, receive the prosecution case and, before a Judge or a jury gets to hear it, half of it is removed because the accused don’t like it or they don’t agree with it. Better still, the accused’s lawyers may be able to come up with legal technicalities as to why the allegations can’t even be made in the first place. So what the Judge or the jury finally get to hear is an edited version of events as permitted by the defendants. Wow, I can see that going down very well with the criminal fraternity. Not a luxury extended to Tom Hayes but surely one the magic circle lawyers will be insisting on for more senior bank management in the future.

As someone who has spent years of my life investigating bank fraud albeit from the perspective of someone who is actually in the rock & roll business, the one thing I know is ‘the written word doesn’t lie.’ Even if people have been deliberately writing lies, the culmination of a proper investigation will just highlight those lies and you will be grateful someone bothered to put the lies in writing as an example of fraud or corruption or, at the very least misconduct or negligence. For example – how could any bank relying on untold amounts of emergency funding from the Bank of England and then needing several billion pounds from the public purse, possibly pretend to investors that it’s a safe bet to plough money into a Rights Issue? But read this absolute twaddle from Andy Hornby back in 2008 http://www.thisismoney.co.uk/money/news/article-1631967/HBOS-chief-Hornby-defends-rights-issue.html and you’ll see that’s exactly what some of them did! Now what part of Maxwellisation can alter those facts?

Better still, let’s remind ourselves of exactly how the great and the good from HBOS and RBS were still trying to pull the wool over everyone’s eyes even after they’d been so instrumental in bringing the Country to the edge of the abyss: http://www.publications.parliament.uk/pa/cm200809/cmselect/cmtreasy/uc144_vii/uc14402.htm

That’s a cracking read by the way.

I don’t know how anyone would do a comprehensive investigation into why we went into the Iraq war although logic would say the absence of the weapons of mass destruction, which were the reason for so many tragic deaths, raises some terrifying questions. But in the case or RBS or HBOS, it’s just not that complicated. If two music publishers can expose a massive fraud in HBOS and if certain members of SME Alliance are supplying the Times with evidence of massive issues in RBS, how can the FCA and their ‘experts’ be so endlessly challenged on their findings? The whole thing smacks of the dreaded ‘D’ word – deals. Deals to hide what really happened in our banking sector. Deals to protect the so called great and the good. Deals which, rather than give the public some sort of closure on what happened and show who was responsible, will just ensure the same or worse happens in the future.

There is no point in Maxwellisation – it’s apparently not a legal requirement and all it is doing is staving off the inevitable. If either of these banking reports ends up as another whitewash, there’s a whole army of people out there who will challenge them. Journalists, whistle blowers, small organisations like SME Alliance, Move Your Money and Bully Banks – not to mention various forthcoming trials (criminal & civil) which will shed more light on the reality. Clearly, if the FCA keep delaying their reports or if they allow the truth to be watered down, others will happily set the record straight.

I would say, from a public perception, Maxwellisation should really be called Orwellisation. We are continually walking backwards to Orwell’s views of 1984. The important difference is, there was no social media in Orwell’s world. No twitter or Facebook or Linked In. And unless the powers that be can wipe out the world wide web, Maxwellisation is actually and ultimately just like the coffee advert – long, drawn out and a fantasy. We’ve had enough fantasy when it comes to real people’s lives. Just like the cream always goes to the top of the coffee,  the truth, as Hillsborough has shown us, also has an amazing way of coming out on top and Maxwellisation won’t change it.

Surely the public have been on the receiving end of too much abuse from bankers without this latest trickery? Let’s just get on with it please, let’s publish these reports and stop all this nonsense. As a very good friend of mine would say – enough already!

How much more contempt must society swallow from banks?

Interesting few weeks – the election of course with the Conservatives winning a majority – who saw that one coming? And, in the process, the Tories appear to have demolished most of the other parties, not to mention some key names in politics. Of course the SNP helped the Tories enormously – the idea of Labour with the SNP running Westminster had a devastating effect. It’s almost as if we collectively had visions of bearded, kilted Scotsmen rampaging all over England intent on rape and pillage, when we still haven’t recovered from the suited and booted Scotsmen who ran the Government and some of the big banks – so that didn’t help poor Ed. And this just goes to show that while we pat ourselves on the back for being a liberal, accommodating, multi cultural society, the truth is we’re every bit as Nationalistic as Germany, France or Italy. And why not? What’s wrong with being fiercely protective of your Country? And while, in this instance, we conveniently forgot Scotland is part of Britain, I think many of us did reasonably feel that is a tenuous situation which a second referendum could change.

Anyway the Conservatives won and that was certainly a relief to big business who were apparently sure Ed Miliband was anti business. But I wonder if anyone in politics could make a difference to the whims and pleasures of major corporations now – and especially our financial sector?

One thing that has been made abundantly clear (again) in the last week with a US Judge handing out multi billion pounds fines to our big banks, is how much more powerful banks are than Governments. If I was trying to explain to an alien what’s been going on over the last twenty years in the ‘Incredible saga between banks and society’ I would say:

“From the late 90’s, bankers decided they could make more money and bigger bonuses by forgoing traditional banking and behaving recklessly, unethically and with gay, greedy abandon until this conduct nearly brought even the wealthiest of nations to their knees by 2008. So Governments bailed the banks out with the monies they collect in taxes to pay for essential services, even although this caused mass austerity for millions of ordinary people. But we never really got to the bottom of the reckless behaviour and we certainly didn’t blame anyone. So bankers realised very quickly they could carry on with that kind of behaviour and nothing much would happen.

Pardon? Yes we do have laws on this planet and yes bankers did break them but the leaders running the various countries on behalf of the people, decided it wouldn’t be a good idea to apply the laws to the bankers? Why – well apparently it’s complicated (or so we’re told) and, aside from anything else, we, the public, would have felt loath to trust a financial sector where some of the bosses turned out to be convicted felons.

Yes I know some of them may well be ‘criminals in pinstripe’ but that’s not the point. You can’t just go around calling people crooks if our justice system hasn’t confirmed it – so the trick is, don’t prosecute people and then no one can say they’ve done anything criminal.

What happened next? Well obviously, realising they had immunity from the law and could therefore do what the f*ck they liked with no personal consequence, the bankers dreamt up even more blatantly criminal scams to make money because – what did they have to lose? And when they (banks – not bankers) were found guilty of crimes, either their share holders or the tax payer (again) paid massive fines on behalf of the banks to the organisations set up to make sure banks did behave well and didn’t break any laws in the first place.

No I don’t know why these organisations didn’t police the banks properly. But I suppose if they had, they wouldn’t have been able to demand billions of pounds in fines at a later date.

What happened to the bosses running the banks? Well obviously they got huge bonuses even although they were overseeing criminal operations. And let’s be logical – the banks may have been fined billions of pounds but that’s a fraction of the profit they made while acting illegally. So you could say these bosses were doing a good job in terms of making money – which is all banks care about.

Yes, you’ve summed that up beautifully – the people bailed the banks out when they lost everyone’s money; then the banks carried on robbing the countries blind while paying their executives millions of pounds and finally; the public paid the fines for their criminal conduct. It’s a total Catch 22 as far as society is concerned.

I realise it makes no sense to you – it makes no sense to most people on the planet. Don’t we have a say in all this you ask? Well yes we do. We vote for the kind of leadership we think will be best for society and who will stop this kind of thing. So why doesn’t it stop? I don’t know. And yes, I’d say society is deeply offended our elected representatives have given bankers immunity from the laws of the land. Many of us are trying to do something about it. I have written many a letter to various leaders asking for a logical explanation to what’s going on http://www.ianfraser.org/dear-mr-cameron-if-bankers-are-above-the-law-we-need-an-urgent-explanation/

I haven’t had any replies – no doubt our leaders are very busy trying to work out how to balance the scales of a disappointed and furious populace on the one hand and the all powerful and Government empowered banks on the other hand. It can’t be easy forecasting which camp will do the most damage if not appeased. Especially if there’s not much you can do about the situation.

And no, I don’t know how much more contempt society can swallow before it all turns very nasty.

What, you’re off to find a more logical, ethical planet for your holiday? I don’t blame you. At least you managed to catch the Eurovision Song Contest while you were here. Do you know, that used to be considered one of the most bizarre, hilarious and illogical things on the planet? Now it seems like a welcome break in an even more bizarre reality.”

So 5000 SMEs supported the Tories but who will support 5M SMEs?

For some reason – and I can’t for the life of me understand what the reason is – in the recent election debates, none of the political parties have raised the issues of banks (you know the ones that caused mass austerity) bank misconduct (PPI, IRHP, EFG’s, Libor rigging, GRG, HBOS Reading, money laundering for drug cartels etc. etc) or the related issues of law and order and a two tier justice system. You know, the one whereby the majority of crimes committed by anyone in our financial sector results in no one going to jail and shareholders paying hefty fines for the “get out of jail free cards”.

Apparently none of this conduct and none of these issues are relevant to the election and we don’t need to know what the parties intend to do about them – if anything?

It’s been suggested (and probably rightly) that politicians feel such a minority of the population has been directly affected by such issues, it’s not worth making a big deal about them – not really a vote winner.

I just want explain why I think that is a total misconception. It affects millions.

On Monday the Telegraph ran an article about the 5000 SME owners who have signed Baroness Brady’s letter and pledged their support to the Conservative party. Personally I don’t think that was a very wise PR tactic because the obvious question is, who do the other 4,995,000 support? However the point I want to make is – according to the article 5000 SMEs represents 100,000 jobs.

According to the FCA, more than 60,000 SMEs were mis sold IRHP (Interest rate swaps): http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/10527353/FCA-chief-warns-Treasury-swaps-scandal-could-be-significantly-bigger.html

So by the logic of Baroness Brady’s letter, that would represent 1,200,000 jobs.

Recently, Clive May, a builder and founder member of SME Alliance, successfully got an admission from RBS that they had miss-sold EFG loans and were now investigating 1800 of them: http://www.thisismoney.co.uk/money/markets/article-2915335/Relief-fierce-critic-RBS-admission-mis-selling-loans.html

That’s another another 36,000 jobs and of course it’s the tip of the iceberg because a lot of banks were ‘mis-selling’ EFGs and, before that, SFLGs. According to Government statistics 1,740,736 EFG loans were drawn down between November 2008 and November 2013. Obviously, or should I say hopefully, not all of them were miss sold. But even working on the calculation only 10% were (and I think I’m being generous there) that’s still 174,073. Assuming (again hopefully) only 10% of that number resulted in SMEs being fatally damaged, that’s still 17,407 SMEs which, according to yesterdays statistics, equals approx. 348,000 jobs.

You see where this is going? Add to those figures the victims of asset stripping etc etc and you won’t get much change from the fact at least 100,000 SMEs who employed approximately 2,000,000 people, have been affected by bank misconduct. And that’s a conservative estimate. If you then add all the SMEs who were creditors of the failed businesses and who then had their own difficulties, the picture is very bleak. When I was investigating the HBOS Reading debacle, I started keeping a chart of the creditors affected and I gave up when I reached 20,000 – most of whom were SMEs.

All of the above wouldn’t be so devastating but for the other key issue being ignored in the election debate – justice and law and order. If SMEs could rely on the regulators, we may not feel so anxious to know what the political parties are planning to do about access to justice. But we can’t. I’m not going into detail here – but I can assure you that in the majority of cases, we can’t.

Neither can most of us afford civil litigation – and especially now when court fees have gone up to £10,000 while legal aid is all but non existent for SMEs. And, leaving aside court fees, in my view many SMEs are being seen as little more than cash cows by some legal firms who clearly think their remuneration should be on a par with bankers – regardless of whether or not they get results for their clients. And some, having milked the cow, drop the client the moment the udders run dry.

Where banks have committed criminal offences (and there have been many) we wouldn’t be so worried if we could report these crimes to the police and know justice would prevail. Again, in most cases that’s not an option and, on the odd occasion it does happen, you need to be prepared to wait years for any outcome. Generally speaking criminal prosecutions against bankers remain as rare as rocking horse sh*t and we’ve seen over and over again how banks deal with their crimes – they get shareholders to pay whacking great big fines and that’s the end of it.

Unbelievably our justice system and Governments (Labour and then the Coalition) seems to turn a blind eye to the fact so many crimes are going unpunished. Unbelievably, we, the public, have come to accept that status quo. There is now indisputable evidence bankers are not subject to the same laws as ordinary people. Additionally, SMEs know even when they can prove (and even in a Court) that a bank destroyed businesses, it doesn’t necessarily mean anything will be done about it: https://derekcarlylevrbs.wordpress.com/. Seems some banks are as cavalier in their view of a Judges power, as they are in politicians power.

I know I’ve waited 8 years for justice and it’s still not on the horizon. I know many members of SME Alliance are in the same boat. And those bankers who are deliberately perverting the course of justice by denying or burying criminality they are fully cognisant of, are still being given telephone number bonuses to continue this charade. Yes, Dave, Ed, Nick, we know all of that.

What we don’t know is: WHICH POLITICAL PARTY WILL ADDRESS THESE MATTERS AND SUPPORT SMES? #Justasking

But it’s never too late for someone to tell us. Who knows, maybe at the 11th hour one of the political parties will pull the cat out of the bag and show some support for the thousands of SMEs that have been ravaged by banks and who are really struggling to get justice.

And that could be a big vote winner.

BTW Before some annoying troll posts on twitter that neither I nor SME Alliance speak for or represent the views of all SMEs – I totally agree. That’s hardly the issue – this blog is about which politicians will speak out for SMEs – and will they do it before the election?

Bad Saturday – Twenty people with teacups can’t stop the flames of the next credit crunch.

Not a good start to a Saturday. First the post arrived and it was one letter with a barely legible hand written envelope to Mr P Turner – well done to our postman for deciphering the address. All the same we could see immediately who it came from because of the Royal Courts of Justice stamp on it. We were surprised because we don’t have a pending case in the Courts. What we do have is an indefinitely stayed case regarding our never ending eviction hearings. It’s stayed pending the outcome of the HBOS Reading trials which were due to start in January 2015, were moved to September 2015 and, a couple of weeks ago, were moved again to 2016.

For those reading this who don’t know anything about Paul and I, we have spent years investigating and exposing a major bank scandal. It took us from mid 2007 to September 2009 to get the regulator involved and then another year to get the police involved even although we reported it in December 2007. For our troubles, HBOS and then Lloyds Banking Group tried to evict us 20 times and on their last attempt a Circuit Judge allowed it and refused us permission to appeal. So our last hearing was the second of 2 in the High Court where we were asking for and then granted permission to appeal. That was in August 2010. However, by this time the police were involved and the first arrests in the case were in September 2010. So in December 2010 the Bank asked us to agree to an indefinite suspension of any eviction hearing on the grounds both we and they were witnesses in criminal proceedings – it wouldn’t do for witnesses to be fighting each other. That’s where we are – on hold until the criminal trials are over and God only knows when that will happen – although thinking about it, God probably doesn’t know either.

Anyway, the letter, or rather the form from the Courts this morning, informed us that our case is now closed and we have 14 days to retrieve our paper work or it will be destroyed.

This could mean one of two things: First, a clerk in the court, tasked with filing, has seen the date on our case and assumed it must be over, or sorted, or in any event not going ahead because it’s dated 2010. I might make that assumption myself in the same way I would have assumed the HBOS Reading trials would have been over 4+ years after people were arrested. And if this is the case, which I hope it is, we simply have to inform the Court our case is not over and is still active.

The second and darker scenario is that this is some form of legal trickery by the Bank to get the case out of the High Court and maybe back to a friendly Circuit Judge. I can’t see why the Bank would do this or how it would be advantageous to them when they could simply carry on waiting for the criminal case to start which could be never? But, while I repeatedly say (these days and as a founder of SME Alliance) that I firmly believe there are good banks and good bankers, sadly I don’t include Lloyds Banking Group or team Horta-Osorio in that bracket. And I am always waiting for their next malicious move.

You don’t hear much about HBOS these days although there was a small flurry of news when it was reported the FCA review into HBOS (like the HBOS Reading trials) has been delayed yet again – until after the election. Well there’s a surprise. But I don’t think this is because anyone in Government or in the FCA/PRA has forgotten about HBOS – we are constantly reminding them it remains unresolved. I think it’s still a priority – or at least burying what happened at HBOS is still a priority.

Which leads me on to the second disturbing thing about this Saturday morning. Included in our e-mails this morning were a couple from our friends at WBUK (whistle blowers) who wanted to share a video on Youtube. The video is of ‘The Spaniard’ interviewing a former employee of the FSA/FCA turned whistle blower. https://www.youtube.com/watch?v=bS5c1FmVL8M

The whistle blower, who almost certainly isn’t called ‘Joanne’, says she worked in the financial sector for 15, 16 years and her last job was to help the FCA write mortgage policy so a financial crisis couldn’t happen again (so she was looking at what happened with sub prime) – I have no reason to doubt what she’s saying. She also says or confirms what a lot of us have felt for a very long time – the regulator is paid for and controlled by the banks.

This is not a revelation and I do remember a senior enforcement officer of the FSA telling Paul and I the FSA BoS Censure Report of March 2012 could have been published two years before it was but for Lloyds stopping it – which was a clear case of the tail wagging the dog.

Ridiculously maybe, even people like me who have battled long and hard with the FSA for 7+ years, still hope there is an element of good intention in the Regulator’s office and that ultimately, it will do what it says on the tin – i.e. regulate, control and, where necessary penalise the banks and bankers to stop them doing more damage to the economy and to society as a whole.

Some would say that is a very naïve view and one I have no excuse for holding but actually, it is essential we hold on to this hope because the alternative is too dark to consider. Which is why I found ‘Joanne’s’ words so depressing this morning. I am a member of WBUK and I know there is no glory to blowing the whistle. Whether you blow the whistle on the MoD, NHS or the financial sector, all you will get for your efforts is aggravation, alienation and sadly, in many cases, persecution leading to serious depression. So I think Joanne would have thought long and hard before she did this interview.

It’s quite hard to hear what she’s saying because it was a telephone interview so I’ve transcribed a couple of extracts:

“….it was all about making sure you work with the banks to protect the banks, not to protect the people. It’s definitely not independent – everything had to go back through the banks, even the wall to wall control by banks – it was absolutely astonishing. I was amazed at the amount of politics that was there and the fact that everything had to be referred back to – did it reflect well on the Government, did it reflect well on the banks – and that was the aim of everything.”

…. and in my opinion there were rules already in place that could have been used to prosecute banks and could have been used to hold somebody to account for what happened in the massive mortgage mis-selling scandals. But they weren’t because nobody had the will to. Because that’s not what we were there to do – we were there to give the impression that’s what we were doing but you weren’t actually supposed to do it.”

I would have transcribed more but it’s too depressing – maybe I will tomorrow. In short, what Joanne is saying is, all the harsh words from politicians, from the Treasury, from the regulators about how bad our banks are and what is being done to reform them, are no more than lip service put regularly in the public arena to deceive us. In reality the banks have been and are still holding all the cards and pulling all the strings. When you go to the regulator with a serious complaint, you are really sharing information with the banks and they will decide how it is dealt with. If Joanne is right in her allegations then Paul and I have furnished the Bank with 35,000 pieces of evidence about HBOS Reading. Not very clever of us.

Back to this morning’s post and Mr HO. I have no faith or trust that the HBOS Reading trials will ever go ahead – I hope I’m wrong but considering Joanne’s words, it seems unlikely the establishment would allow such a controversial story to come out. Similarly the FCA report into HBOS. If regulation is all about protecting banks and not the people, HBOS is a hot potato that at all costs must be mashed to a pulp and then smothered in a gluttonous gravy that makes it impossible to recognise let alone swallow.

While Ian Fraser’s brilliant book ‘Shredded’ (which I would advise everyone to read) exposed the horrendous goings on at RBS, there has been no major criminal case involving RBS bankers which would put Ian’s research in the spotlight and directly in full view of the Court of Public Opinion. Not so HBOS – we’re waiting for a major criminal trial to proceed and a major FCA review to be published. Additionally, there is at least one book taking a very candid look at HBOS waiting to come out and that is over and above the fact no one can doubt, after his years of blogging and articles, Ian Fraser is a font of knowledge about HBOS as well as RBS. Of course all concerned will abide by the rules of sub judice until the criminal trials are over but none of this will fit the criteria of “ did it reflect well on the Government, did it reflect well on the banks” Clearly not. So will the authorities ever allow HBOS to be fully exposed? Probably not.

And if that is the case, the only other place where much of the truth about the staggering misconduct in HBOS would come out, is in a High Court case when and if the Bank decide to re open our eviction hearings – although actually the stayed appeal is our case and we could also reopen it. Our defence in the eviction hearing is entirely based on what happened at HBOS Reading and the conduct of the management of HBOS and Lloyds after Reading was exposed.

So maybe the logic of the Bank and its high powered lawyers is to get our case out of the High Court where it could be as damaging as the criminal trials themselves? Or maybe our post this morning really was a case of a clerk having a tidy up? Who knows? Either way, Paul and I have learned a lot over the last 8 years and we will not be ignoring the Court letter.

I really, really hope that one day soon, someone, somewhere in authority, will decide enough is enough and bring about even a minor change of policy that starts reflecting the interests of the Country and its people over the interests of the Banks. I don’t think that someone will be David Cameron or George Osborne or Ed Miliband. All of this “first and foremost protect the banks” policy, started under New Labour and has progressed under the Conservatives. Sure, there are some really good cross party MPs or even Conservative or Labour MPs – but one swallow doesn’t make a summer and even a really good MP – my friend Clive May’s MP, David Hanson, is a very good example as is Brian Little’s MP, Jim Shannon – can’t change policy on his own.

Maybe Mark Carney who has said “no one is above the law”is the man for the job? And someone told me a while back that John Griffith-Jones is actually one of the good guys and I should talk to him – I would certainly like to and I would like to ask him for his comments on what Joanne has said. I would be so happy to see concrete evidence that actually the FCA considers “consumer protection” and “the reduction of financial crime” of equal importance to “market confidence.” But Joanne’s words make that hard to believe. Especially her comment when she was asked – if Wembley Stadium going up in flames equalled the credit crunch, how many fire engines would she say the FSA used to put the fire out? Her answer was:

….“there was probably a line of twenty people with teacups.”

That is very scary and we should all be aware the only outcome of this situation continuing is the next fire won’t be contained to a stadium.

Many thanks to both the Spaniard at White Rabbit Education and ‘Joanne’, for bringing this insight (or is it incite?) to our attention.

Bank of England Minutes v The Bank of England Plenderlieth Report

Just a very quick blog – mostly a copy paste job because I am very confused by the Bank of England Minutes 07-09 which were published today. I have to admit I have not read the entire document but, as of September 2007 I am surprised the minutes did not contain masses of detail and concern about HBOS (Fox) or Lloyds (Lark).

Here’s why:

In October 2012 the Bank of England presented the Plenderleith Report to the Court. I went through this report with a fine tooth comb because of some work I was doing with Paul Moore. And I came to the conclusion that, even although it did little good to the economy, the Bank of England, albeit frustrated by a lack of data from the FSA, was closely monitoring HBOS by September 2007.

I have very quickly I have taken out the salient points which highlight this position:

Executive Summary
8.
In relation to the specific vulnerabilities of the two banks to which the Bank eventually
extended ELA, the Bank was able to identify in advance, and to monitor, the increasing
liquidity strains thatHBOS was experiencing during 2008. There was significantly less close
focus on the liquidity position of RBS, but its funding problems did not in fact crystallise untila late stage, after the failure of Lehman Brothers.
9.
In relation to both banks, however,and indeed to the process of monitoring the risks to
individual banks in general, the Bank’s ability to identify impending threats in concrete terms was made more difficult by an underlap that had developed in the regulatory structure.Initially at any rate, the Bank was dependant on the FSA for liquidity data on individual banks; but the data available to the FSA were not forward looking and
lacked the granular detail the Bank required for an operational response like ELA. Equally, while the Bank could identify the threat that vulnerabilities in individual banks posed to wider systemic stability, the FSA was less closely focused on the deteriorating systemic picture. Under the pressure of events, this underlap was progressively bridged during the course of 2008, but it hampered how far in advance the Bank could get a clear view of the strains building up on individual banks.
10.
Since the funding difficulties being experienced by HBOS were identified at an early stage,
well in advance of its need for ELA crystallising in October 2008, the Review suggests that,
where there is advance awareness of such strains, the Bank might consider acting pre
emptively to provide bilateral liquidity support before the need becomes immediate.

 

And here is the main chapter on HBOS:

How aware was the Bank of the particular vulnerabilities of the two banks to which

it eventually extended ELA?
The case of HBOS
98.
As noted above, the run on Northern Rock marked a step-change in the level of the Bank’s
engagement with individual banks and it is clear that the Bank, and indeed the other
members of the Tripartite, were fully aware of the vulnerabilities of HBOS prior to its need
for ELA in October 2008. By September 2007 the Bank was receiving what it felt were more
appropriate data from the FSA, at any rate on banks identified as more vulnerable, including
daily liquidity reports from the FSA on HBOS (as well as on Alliance & Leicester and Bradford
& Bingley).
99.
Work undertaken within the Bank in November 2007 identified a number of key risks that
meant that HBOS was likely to be particularly vulnerable to a change in market sentiment.
These included: the risk of reputational contagion from association with other mortgage
banks, given that HBOS was the UK’s largest mortgage bank; HBOS’s reliance on wholesale
funding at around 50% oftotal funding, and within that its reliance on securitisation as a
source of funding; and its commercial property exposures. At that stage, HBOS was
nonetheless viewed as being somewhat less vulnerable than Alliance & Leicester and
Bradford & Bingley because of its more diversified business model.
100.
The increased focus on individual banks and improved data flow from the FSA was not just
confined to HBOS, Alliance & Leicester and Bradford & Bingley. From September 2007, the
Bank began to receive liquidity information on other major UK banks from the FSA at least
weekly. The individual banks’ data lacked in several respects the detail the Bank would have
liked, but it was used by the Bank to try to determine which banks would be most affected by
a crystallisation of the possible key risks to the UK banking sector. Iterations of this work
were shared with the Tripartite Standing Committee in October and November 2007.
101.
From late 2007, the Tripartite authorities began contingency planning to map out possible
options for resolving HBOS should the key risks facing it crystallise. There was heightened
monitoring of HBOS from March 2008 after the emergency sale of Bear Stearns on 16 March
and after an unfounded market rumour that HBOS was receiving emergency assistance
from the Bank caused a sharp fall in HBOS’s share price on 19 March. At this stage the Bank was considering in detail the consequences of HBOS, like Northern Rock the previous September,being unable to fund itself in the markets.
102.
By mid-April 2008, although still work in progress, a comprehensive contingency plan had
been prepared by the FSA, in conjunction with HMT and the Bank. This contingency planning
explicitly recognised the possibility of the Bank needing to undertake some form of ELA in
the event of wholesale markets beginning to close to HBOS. Although by May the immediate

threat to HBOS appeared to have receded somewhat, in part because it was able to
utilisethe SLS launched in April, the Bank continued through the summer closely to monitor HBOS’s liquidity strains on a daily basis as HBOS endeavouredto scale back assets and increase deposits in order to reduce its reliance on wholesale funding. In the event, wholesale funding became increasingly difficult as the maturity of funding available to
HBOS shortened progressively increasing the ‘snowball’of funding that had to be rolled at shorter maturities
With the failure of Lehman Brothers on 15 September, HBOS’s position rapidly became
untenable. When it finally needed to seek ELA from the Bank on 1 October, the approach did
not come as a surprise and the Bank was able to respond rapidly.
The full report is here

Click to access cr1plenderleith.pdf

This report suggests the BoE and the Tripartauthority were fully or at least partially prepared for the Crisis. I could be wrong but the reports on the minutes seem to infer this wasn’t the case.

 

Christmas 2014 round up of financial crimes with no one going to jail.

My husband made a very valid point a few days ago and I have been thinking about it every day since. He pointed out that when we (Paul and I) started looking at misconduct in the financial industry and specifically HBOS, we couldn’t get anyone to take our allegations seriously because no one believed us. That was in 2007 and it took until late 2009 to actually get the FSA involved and 2010 before the police got involved – even although we made allegations to the police in November 2007. We’re not a lot further forward now in December 2014 because the criminal trials for that alleged crime won’t start until September 2015 – and even then, I’m not holding my breath.

It was disappointing no one believed us in 2007 but not surprising because the idea banks, or rather bankers, might be crooks, was out of the question back then. Bankers were seen as respectable professionals and your bank manager was so trustworthy, he or she could even sign your passport. The same doesn’t apply now and no one bats an eyelid at the concept of crooked bankers – in fact bad conduct is what we expect from them, to the point even the good guys (yes I do acknowledge there are still many good bankers our there) are tarred with the same brush.

Paul’s point was simple: It was tough back in 2007 because no one believed us, so nothing was done. Now, everyone knows the financial sector is rife with fraud and corruption and still nothing has been done! Not just in the case we reported – right across the board and in thousands of cases. Even more alarming is the fact that, in many instances I know of, where people have tried to report financial crime, the police will not investigate it! In all probability this is because they don’t have the budgets to investigate such a glut of criminality in austerity Britain – but that is of no help to the victims who are frequently told – “it’s a civil matter.” No it’s not – crime is never a ‘civil matter’ and even victims of PPI have a right to report it as a crime, get a crime number and, if applicable, also have it investigated. Of course that might damage crime statistics.

But no. Most financial crime is just swept under the carpet as “mis-selling” or “restructuring” and resolved by bank shareholders’ paying huge fines to the FCA. Think about that for a moment – we all believe bankers have committed criminal acts but nothing has happened. It just beggars belief and is really as scary as hell because, what it actually means is, we can no longer rely on the Law and really do have a two tier criminal justice system. There isn’t another, plausible explanation.

This terrifying thought was brought home again when I read the latest excellent Matt Taibbi article in Rolling Stone magazine: http://www.rollingstone.com/politics/news/the-police-in-america-are-becoming-illegitimate-20141205 where he is talking about the disparities in the US legal system and it reminded me that I still haven’t had a reply to my letter to Mr Cameron of December 2012 when I asked for some clarification about the apparent immunity bankers have from prosecution. In that letter, which I wrote after reading some worrying comments from Andrew Bailey (now head of the PRA), I said:

Mr Cameron, unless I am completely mistaken, Mr Bailey seems to be telling us that banks, and therefore bankers, are now officially considered to be above the law in this country and that, in the interests of confidence in the banking industry (which is already at rock bottom among the British public, and therefore can hardly sink any lower), they cannot be prosecuted.

I am writing to ask you, as Prime Minister, for some clarification.

Does your government endorse the notion that banks and bankers should be given a licence to commit criminal acts without any fear of prosecution? Is this now official government policy? Are the British public now being asked to accept that, despite incontrovertible evidence of multiple criminal acts by banks, including money-laundering, drug-money-laundering, Libor rigging, multiple frauds and assorted Ponzi schemes, bankers are considered to be immune from prosecution? And if so, can I ask on what grounds your government, or indeed the government of any democratic country, can justify such a policy?” Full letter here: http://www.ianfraser.org/dear-mr-cameron-if-bankers-are-above-the-law-we-need-an-urgent-explanation/

I didn’t write the letter to be confrontational – although I must admit I am incredibly disappointed the PM’s strong words in the run up to the last election about what should happen to criminal bankers, turned out to be hot air and no more. This is what he said to Jeff Randall in January 2009:

“I think that we need to look at the behaviour of banks and bankers and, where people have behaved inappropriately, that needs to be identified and if anyone has behaved criminally, in my view, there is a role for the criminal law and I don’t understand why is this country the regulatory authorities seem to be doing so little to investigate it, whereas in America they’re doing quite a lot.”

I wrote the letter because I genuinely wanted some reassurance from the Prime Minister that bankers are not above the law; we don’t have a two tier legal system and; something would be done to redress this inequitable situation.

So what has happened to clarify or allay my concerns since December 2012? Well a few things have happened but not what I was expecting. For example:

  1. I’ve never had a reply.

  2. Several banks have been found guilty of money laundering and even money laundering for drug cartels. And the only penalty has been a huge tax on the bank’s shareholders who have paid massive fines for the conduct of bankers. But no one has gone to jail.

*given that banks (buildings or legal entities) don’t have any physical ability to pick up the phone and negotiate with drug cartels – such deals had to be done by bankers. So why have no bankers been held responsible?

  1. Many banks have been found guilty of making billions of pounds with the PPI scam. They’ve had to pay the money back in many cases but, I assure you, not all cases. So again, the shareholders have lost a fortune. But no one has gone to jail.

* I often wonder who invented PPI? Did senior bankers sit down and plan how best to get thousands of their customers to take out insurance policies which cost them a fortune but could never be used? Or did someone in a bank find a recipe for creating and implementing PPI in a fortune cookie?

  1. As a founder member of SME Alliance, I talk every day to people whose businesses have been totally destroyed with various, ridiculously (and I would suggest deliberately) complicated financial products under the collective name of swaps. I’m not a victim of a swap and I know little about them (I’m learning fast) but even their titles smack of more contempt for businesses e.g. vanilla swaps. Can you have chocolate or strawberry? Probably. The FCA have said many of these products should never have been sold to ‘unsophisticated’ clients and in some cases banks have had to give the money back. However, the years it has taken for this to happen and the devastation these products have caused, apparently do not necessitate banks having to pay out billions in compensation. The redress scheme the FCA has come up with has conveniently been limited to peanuts – and no one has gone to jail.

* A journalist was telling me the other day of a case where someone challenged the FCA decision multiple times and was eventually awarded £500k – but of course the bank interest and charges on his account over the time it took to challenge the bank’s conduct meant the victim got nothing and the bank paid themselves £500k. You couldn’t make it up.

  1. The now infamous business recovery units like RBS/GRG have been merrily acquiring, appropriating, stealing their clients’ assets left right and centre and sadly RBS have not been working in isolation. It has caused outrage – it’s been all over the news, MPs have held debates on the subject, Committees have interviewed senior bankers and regulators and even the ever cautious BBC have suggested some bankers are crooks. http://www.bbc.co.uk/programmes/b04t6jy1 But no one has gone to jail.

* As a victim of HBOS Reading (similar model) I have so much to say on this – but am having to keep quiet for now but not forever.

  1. And while the likes of GRG and HBOS Reading have caused many businesses to fail, a separate scandal has specifically targeted farms across the Country for over 20 years. Repeated allegations have been made against a man called Des Phillips and various of the 59 companies he has been or is a director of including UK Farm Finance, UKCC and UK Acorn Finance. And some of our major banks have been heavily implicated in these allegations as have other ‘professionals’. It’s a sickening story which has resulted in many family farms being repossessed and, sadly, farmers committing suicide. You can hear about it here: http://www.bbc.co.uk/programmes/b040hzz5 or read about here: http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm141111/halltext/141111h0001.htm No one has been prosecuted so no one has gone to jail.

  2. Bankers or traders have been found guilty of rigging LIBOR. Again, massive fines have been levied – another penalty on shareholders. However, in this instance it looks possible some bankers will go to jail and one banker has even pleaded guilty. But let’s not get too excited that justice might be done. Read this: http://www.theguardian.com/business/2014/oct/07/banker-pleads-guilty-libor-rigging-rate-fixing

As you can see the banker concerned could get up to 10 years in jail but we don’t know who he is or what bank he worked for and reporting on this case is heavily restricted. Presumably, after the other three people charged have had their trials, we might know more. But I wouldn’t bet money on it – especially if the banker in question worked for one of the State subsidised banks. But it’s a start.

I could make the list much longer but, to date and looking at the 6 instances above, money laundering, PPI, Swaps, asset theft including farms and LIBOR rigging, it’s certain 1 person in the UK will go to jail and 4 people might. And when you look at the trail of poverty, misery, desperation and devastation these crimes have caused, it is unbelievably disappointing – not to mention scandalous, that our regulators, justice system and worse still, our Government, have let this happen. In fact it is morally and ethically reprehensible.

Of course individual bankers do go to jail quite regularly – they’re usually quite low down in the pecking order and their offences (with a few noticeable exceptions) just about make it into their local newspapers. But the top dogs – the ones who make policy – the ones who instigate and oversee the kind of conduct which allowed all of the above to happen, seem to remain above the law. Which begs the question – why do we have laws?

Meanwhile, the Government have issued the following figures regarding crimes to businesses:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284818/crime-against-businesses-headlines-2013-pdf.pdf

I haven’t read it in any great detail but I’m pretty sure it doesn’t mention the wholesale destruction of SMEs by banks. I sometimes think we should move the Houses of Parliament to Canary Wharf and have done with it before La La Land spreads across the whole of London.

Here in the real world we are in the run up to what will be another very austere festive season for many people in Britain – and I’m not just talking about people or SMEs who have been defrauded by banks. I’m talking about those families who’ve lost jobs and/or benefits and most of all, those people relying on food banks or who have lost their homes and now live on the street. A lot of people would say – me included – our major banks and therefore our most senior bankers, were very instrumental in causing our national austerity. And, post the so called Credit Crunch, those same banks (especially the part State owned ones) have done little to help the economy and much to damage it further. Unbelievably, the people at the top of those banks continue to be heavily rewarded.

For example, yesterday (13th December) I was reading an article about the top paid European Bank CEO’s. http://www.cityam.com/1415705309/which-ceos-european-bank-have-biggest-pay-checks-two-uk-banks-take-second-and-third-place

Hmmm – £7.4M. Even when you deduct 50% tax, that still leaves approximately £71k a week. I think you could have one hell of a Christmas with that remuneration package!

Mind you, every silver lining has its own cloud and I suddenly thought – I bet it’s really tough finding the perfect Christmas gift for these top bankers because, what do you buy for the man or woman who has everything? So maybe La La Land has its own problems at Christmas.

Shame you can’t gift wrap integrity – if we could give some of them that, the whole Country might feel more festive. Still, there’s always the good old standby gift – Monopoly. After all, banks have bought, sold, packaged and mortgaged every property on the board many, many times over – but, to date, they have been very adept at steering clear of the “Go to Jail” square. But then I’m guessing Al Capone thought he would never lose ‘games’ either.