anuary 2008 Socit Gnrale trading loss incident

From Wikipedia, the free encyclopedia

In January 2008, the bank Socit Gnrale lost approximately 4.9 billion closing out positions over three days of trading beginning January 21, 2008, a period in which the market was experiencing a large drop in equity indices.[1] The bank states these positions were fraudulent transactions created by Jrme Kerviel, a trader with the company. The police stated they lacked evidence to charge him with fraud and charged him with breach of trust and illegally accessing computers. Kerviel states his actions were known to his superiors and that the losses were caused by panic selling by the bank.
Contents
[hide]

1 Employment history of Jrme Kerviel 2 The incident 3 Methods used 4 Allegations of fraud and legal ramifications 5 Potential economic effects 6 Other notable trading losses 7 Notes 8 References

[edit]Employment
See also: Jrme Kerviel

history of Jrme Kerviel

Kerviel joined the middle offices in the bank Socit Gnrale in the summer of 2000,[2] working in its compliance department.[3] In 2005 he was promoted to the bank's Delta One products team in Paris[3] where he was a junior trader.[4] Socit Gnrales Delta One business includes program trading, exchange-traded funds (ETFs), swaps, index and quantitative trading.

[edit]The

incident

Bank officials claim that throughout 2007, Kerviel had been trading profitably in anticipation of falling market prices; however, they have accused him of exceeding his authority to engage in unauthorized trades totaling as much as 49.9 billion, a figure far higher than the bank's total market capitalization. Bank officials claim that Kerviel tried to conceal the activity by creating losing trades intentionally so as to offset his early gains.[5] According to the BBC, Kerviel generated 1.4 billion in hidden profits by the

end of 2007.[6] His employers say they uncovered unauthorized trading traced to Kerviel on January 19, 2008. The bank then closed out these positions over three days of trading beginning January 21, 2008, a period in which the market was experiencing a large drop in equity indices, and losses attributed are estimated at 4.9 billion. The bank claimed Kerviel "had taken massive fraudulent directional positions in 2007 and 2008 far beyond his limited authority"[7] and that the trades involved European stock index futures.[7] Though bank officials say Kerviel apparently worked alone, skeptics question how unauthorized trading of this magnitude could go unnoticed. Kerviel's unassuming background and position have heightened the skepticism that he worked alone.[8] Some analysts suggest that unauthorized trading of this scale may have gone unnoticed initially due to the high volume in low-risk trades normally conducted by his department.[9] The bank said that whenever the fake trades were questioned, Kerviel would describe it as a mistake then cancel the trade followed by replacing that trade with another transaction using a different instrument to avoid detection. Kerviel's lawyers, Elisabeth Meyer and Christian CharrireBournazel, said that the banks managers "brought the loss on themselves"; accused the banks management of wanting to "raise a smokescreen to divert public attention from far more substantial losses in the last few months"; and said that Kerviel had made the bank a profit of $2 billion as of Dec. 31, 2007.[10] Kerviel is not thought to have profited personally from the suspicious trades. Prosecutors say Kerviel has been cooperative with the investigation, and has told them his actions were also practiced by other traders in the company. Kerviel admits to exceeding his credit limits, but claims he was working to increase bank profits. He told authorities that the bank was happy with his previous year's performance, and was expecting to be paid a 300,000 bonus.[11] Family members speaking out say the bank is using Kerviel as a scapegoat to excuse its recent heavy losses.[4][12]

[edit]Methods

used

The bank states that Kerviel was assigned to arbitrage discrepancies between equity derivatives and cash equity prices,[9] and "began creating the fictitious trades in late 2006 and early 2007, but that these transactions were relatively small. The fake trading increased in frequency, and in size".[10] The Executive Chairman of Socit Gnrale, Daniel Bouton described the pattern as like "a mutating virus" in which hundreds of thousands of trades were hidden behind offsetting faked hedge trades. Officials say Kerviel was careful to close the trades in just two or three days, just before the trades' timed controls would trigger notice from the bank's internal control system, and Kerviel would then shift those older positions to newly initiated trades.[4] City experts have expressed skepticism of the bank's account, saying that a pattern of closing out trades within the three day cycle alleged could not be accomplished given the immense sums involved.[12]

[edit]Allegations

of fraud and legal ramifications

In answers to the rumors alleging Jrme Kerviel had fled Paris following the discovery of the unauthorized trading, on January 24, 2008 Kerviel's lawyer denied that he attempted to disappear and said he remained in Paris to face the accusations.[13] Also on January 24, 2008, Socit Gnrale filed a lawsuit against "a 31-year-old person" for creating fraudulent documents, using forged documents and making attacks on an automated system, according to Clarisse Grillon, a spokeswoman for the Nanterre prosecutor. Le Figaro reported that in addition to the Socit Gnrale lawsuit, a group of shareholders filed a lawsuit for fraud, breach of trust and forgery.[14] On the eve and afternoon of January 25, 2008, police raided the Paris headquarters of Socit Gnrale and Kerviel's apartment in the western suburb of Neuilly-sur-Seine[15] to seize his computer files.[16] On January 26, 2008, the Paris prosecutors' office stated that Kerviel "is not on the run. He will be questioned at the appropriate time, as soon as the police have analysed documents provided by Socit Gnrale."[17]He was taken into police custody later that day.[18] Kerviel's initial 24 hour detention was extended to 48 while French law enforcement questioned him about possible accomplices.[12] The investigation later widened to encompass his personal cell phone records, and to explore possible links to other individuals working at rival banks and private investment firms who may be involved. The police are investigating whether he worked alone, and whether any investors outside of Socit Gnrale may have been tipped in advance. Police are interested whether others were involved in either the trades themselves, or received notice of the bank's impending selloff before the details of the scandal were publicly disclosed.[19] Kerviel was formally charged on January 28, 2008 with abuse of confidence and illegal access to computers.[1] He was released from custody a short time after.[11] The charges filed carry a maximum three year prison term. On January 29, 2008 investigating judges Renaud van Ryumbecke and Francoise Desset had rejected prosecutor Jean-Claude Marin's bid to charge Kerviel with the more serious crime of "attempted fraud" and refuse bail.[20] Socit Gnrale characterizes Kerviel as a rogue trader and claims Kerviel worked these trades alone, and without its authorization. Kerviel, in turn, told investigators that such practices are widespread and that getting a profit makes the hierarchy turn a blind eye.[21] The current investigation involves what is reported to be the largest fraud in banking history.[22][23] On 11 March 2008, Socit Gnrale announced that another of their employees had been taken into custody in connection with the investigation of the fraud, and their headquarters searched by police.[24]

Kerviel's trial began on 8 June 2010. On 5 October 2010, he was found guilty and sentenced to five years of prison, with two years suspended, full restitution of the $6.7b which was lost, and a permanent ban from working in financial services.[25] Caroline Guillaumin, a spokes-woman for Socit Gnrale, stated that the restitution was "symbolic", and that the bank had no expectation that the sum would be paid.[26] Olivier Metzner, Kerviel's lawyer, described the sentence as "extraordinary" and said that Kerviel would appeal.[27] Kerviel's sentence was suspended until his appeal is completed.[25]

[edit]Potential

economic effects

On January 21, 2008, European stock markets suffered heavy losses of about 6%. The sharp fall, which was followed by an emergency cut in the federal funds rate by the United States Federal Reserve on the following Tuesday (US markets were closed on the Monday for Martin Luther King Jr Day), came as Socit Gnrale tried to close out positions built up by Kerviel. This has led to speculation that stock market turbulence caused the Federal Reserve Board to cut the rate.[28] A Federal Reserve spokesperson denied the central bank knew of Socit Gnrale's situation when it made its decision.[29] It is estimated that over the period the total trading in futures and the cash market for the Euro Stoxx 50 was 544 billion. This would make the unwinding of Kerviels position account for five per cent or less of overall activity.[9] Socit Gnrale's investment banking chief, Jean Pierre Mustier, acknowledged that the three days of forced selling played a role in the market's overall decline, but characterized that impact as "minimal".[30]

[edit]Other

notable trading losses

Yasuo Hamanaka caused a loss of about $2.6 billion, over ten years, in unauthorized copper

trading on the London Metal Exchange

Nick Leeson caused a loss of 827 million for Barings Bank, leading to its collapse Howie Hubler lost $9 billion in one CDS trade for Morgan Stanley, the largest single loss in

history

List of trading losses

[edit]Notes

1.
01-29.

^ a b "Fears over rogue trader 'raised 3 months ago'". CNN. 2008-01-29. Retrieved 2008-

2.

^ Ben Martin, Nick Allen, Peter Allen and Henry Samuel (2008-01-28). "Jerome Kerviel

was 'honest, working class'". London: Telegraph UK. Retrieved 2008-01-29.

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

^ a b Rayner, Gordon; Allen, Peter (2008-01-26). "Profile: Rogue trader Jerome Kerviel".

London: The Telegraph. Retrieved 2008-01-28. ^ a b c "French police question rogue trader Kerviel". Reuters. National Post. 2008-01-26.

Archived from the original on 2008-01-28. Retrieved 2008-01-26. ^ Souchard, Pierre-Antoine (2008-01-26). "Rogue French trader taken into custody".

Paris: Associated Press. Archived from the original on 2008-01-29. Retrieved 2008-01-26. ^ "Rogue trader began year in profit". BBC News. 2008-01-30. Retrieved 2008-01-30. ^ a b Nicola Clark and David Jolly (January 25, 2008). "French Bank Says Rogue Trader

Lost $7 Billion". New York Times. Retrieved 2008-01-25. ^ Carvajal, Doreen; Brothers, Caroline (2008-01-26). "Rogue Trader Is Remembered as

Mr. Average". The New York Times. Retrieved 2008-01-26. ^ a b c "SocGen postmortem". FT.com. January 25, 2008. Retrieved 2008-01-25. ^ a b ICOLA CLARK (January 28, 2008). "Bank Outlines How Trader Hid His

Activities". New York Times. Retrieved 2008-01-28. ^ a b Jim Bittermann and Niki Cook (2008-01-28). "Accused billion-dollar rogue trader

charged, freed". CNN. Archived from the original on 2008-01-30. Retrieved 2008-01-28. ^ a b c "Rogue trader Jerome Kerviel held for a further 24 hours". Paris, Pont lAbbe: Times

Online. 2008-01-27. Retrieved 2008-01-27. ^ Viscusi, Gregory; Chassany, Anne-Sylvaine (2008-01-24)."Socit Gnrale Reports

4.9 Billion EU Trading Loss". Bloomberg. Retrieved 2008-01-24. ^ "Un extraordinaire talent de dissimulation" (in French). Le Figaro. 2008-01-25. Retrieved

2008-01-26. "Une deuxime plainte pour escroquerie, abus de confiance et faux, a t dpose au nom d'un groupe d'actionnaires Paris. ... Selon l'ampleur de l'escroquerie, Jrme Kerviel risque de cinq ans quinze ans de prison."

15. 16. 17.

^ Adam Sage (January 26, 2008). "Jerome Kerviel is not a Machiavellian genius. Hes just

an average kind of guy". London:Times Online. Retrieved 2008-01-28. ^ "Police raid HQ of bank in French rogue trader scandal". AFP. 2008-01-26. Retrieved

2008-01-26. ^ "SocGen trader not on the run says prosecutors". Reuters. 2008-01-26. Retrieved 2008-

18. 19.

^ Chris Gourlay (2008-01-26). "Rogue trader taken into police custody". London: Times

Online. Retrieved 2008-01-28. ^ Peter Allen (2008-01-28). "Phone records could be key to Kerviel case". London:

Telegraph UK. Retrieved 2008-01-28.

20. 21. 22. 23. 24. 25.

^ "Jerome Kerviel charged over $8bn bank scam". Mercury, Tasmania. 2008-01-29.

Retrieved 2008-01-29.[dead link] ^ "Le trader livre sa version de l'affaire Socit Gnrale". Le Monde, paper version.

2008-01-29. p. 1. ^ Allen, Peter; Rayner, Gordon (2008-01-25). "Jerome Kerviel behind Socit Gnrale

fraud". London: The Telegraph. Retrieved 2008-01-26. ^ Bianna Golodryga (2008-01-29). "Rogue Traders a Nightmare Scenario for Finance

CEOs". ABC News. Retrieved 2008-01-29. ^ Benedetti-Valentini, Fabio (2008-03-12). "Second SocGen Employee Held by Police in

Kerviel Case". Bloomberg. Retrieved 2008-03-12. ^ a b "Kerviel's fine the size of 20 Airbus A380s". Reuters. 2010-09-28. Retrieved 2010-10-

26. 27.
10-05.

^ Clark, Nicola (2010-10-05). "Rogue Trader at Socit Gnrale Gets 3 Years". The New

York Times. ^ "Kerviel lawyer says to appeal court verdict". Reuters. 5 October 2010. Retrieved 2010-

28. 29. 30.

^ "Thank Jerome Kerviel for Bernanke's rate cut". The Globe and Mail: Streetwise Blog. ^ Sitaraman Shankar, Blaise Robinson (2008-01-24). Reuters, 24.01.08 "Did SocGen

trades trigger market rout, Fed cut?".Reuters. Retrieved 2008-01-29. ^ Vivienne Walt (2008-01-27). "Behind the Trader's Market Chaos". TIME (online).

Retrieved 2008-01-27.

[edit]References
Jacque, Laurent L. (2010), Global Derivative Debacles: From Theory to Malpractice,

Singapore: World Scientific, ISBN 978-981-283-770-7. Chapter 11: Socit Gnrale, pp. 179 196.

[show][show]v d eCorporate scanda [hide][hide]v d eLate-2000s financial

Late 2000s recession 2008 G-20 Washington summit APEC Peru 2008 2009 G-20 London Summit 2009 G-20 Pittsburgh Specific issues

United States housing market correction World food price crisis Energy crisis (Central Asia) Subprime m

crisis Future of newspapers List of entities involved (Bankrupt or acquired banks, Bankrupt retailers) Eff

Gnrale trading loss incident European sovereign debt crisis

By country (or region)

Belgium Greece Iceland Ireland Latvia Russia Spain Ukraine (Europe Africa Americas Asia

[show][show] Legislation and policy resp

[show][show] Companies and banking insti [show][show] Other topics

[show][show]v d eUS Subprime mortgag

[show][show]v d eBanking panics in the Un

[show][show]v d eStock market cras