Showing posts with label Barclays Plc. Show all posts
Showing posts with label Barclays Plc. Show all posts

Wednesday, May 13, 2009

ensure that MBIA pays valid claims on insurance it issued on defaulting bonds

TO BE NOTED: From Reuters:

"
Banks sue MBIA over $5 billion restructuring
Wed May 13, 2009 9:53pm EDT

NEW YORK (Reuters) - A group of major banks including Citigroup Inc, JPMorgan Chase & Co and Barclays Plc has sued MBIA Inc, charging that the bond insurer illegally restructured its operations by moving $5 billion of assets and leaving a key unit effectively insolvent.

The group of around 20 financial institutions and affiliates are seeking to ensure that MBIA pays valid claims on insurance it issued on defaulting bonds, but did not put a value on such claims.

MBIA, along with rival bond insurer Ambac Financial Group Inc, suffered huge losses in the recent financial turmoil as they were hit by claims on insurance policies they issued on repackaged debt, which turned out to be more risky than they assumed.

A spokesman for MBIA, which reported a profit of $697 million last quarter, declined comment on the lawsuit, which was filed on Wednesday in New York State Supreme Court.

The company's shares fell 9 percent in after-hours trading to $5.16, after falling more than 7 percent in regular trading on the New York Stock Exchange.

In the suit, the banks charge that MBIA acted illegally when it created a new municipal-bond insurance business earlier this year, making it free of its contractual obligations to policyholders.

As a result of moving $5 billion in assets, the banks said in their court documents, that MBIA Insurance -- the operating unit which pays claims -- is now "effectively insolvent" with no means of paying claims.

The banks claim that MBIA could instead have used its own cash to strengthen the balance sheet of MBIA Insurance, but it chose to spend more than $900 million repurchasing its own stock and debt and lending money to its asset management business. As a result, the suit claims MBIA executives will benefit while policyholders are left facing losses.

Other major banks party to the suit include units of: ABN Amro, BNP Paribas; HSBC, Bank of America Corp, Morgan Stanley, Royal Bank of Canada, Societe Generale, UBS AG and Wachovia Bank.

(Reporting by Bill Rigby; editing by Carol Bishopric)"

Tuesday, April 28, 2009

promising more intrusive regulation and warning that people “should be frightened” of the FSA

TO BE NOTED: From Bloomberg:

"FSA Light Touch Turns to Iron Fist as Interviews Rise (Update1)

By Caroline Binham

April 28 (Bloomberg) -- U.K. banks including Barclays Plc, HSBC Holdings Plc and Lloyds Banking Group Plc are having as many as four times more employees interviewed during routine inspections as the nation’s financial regulator’s “light touch” morphs into an iron fist.

As many as 150 people are being questioned by the Financial Services Authority during examinations at Britain’s biggest banks, according to lawyers and a person familiar with the visits. In previous years, the maximum for a major bank would have been 40 interviews, they say.

“The FSA is becoming nastier,” said Sara George, a former FSA prosecutor who is now a regulatory lawyer at Allen & Overy LLP. “There is a feeling that the FSA is now a lot more answerable to Westminster and to the taxpayer than to the City,” she said, referring to the home of Parliament, and London’s financial district.

The regulator, criticized by lawmakers for not doing enough to prevent the financial crisis, has broken with its past approach, promising more intrusive regulation and warning that people “should be frightened” of the FSA. It has pledged to become more involved in banks’ business, from scrutinizing strategy to influencing hiring and compensation.

The U.K. now owns stakes in Royal Bank of Scotland Group Plc and Lloyds, while Northern Rock Plc and Bradford & Bingley Plc have been nationalized. The International Monetary Fund last week estimated the total cost of bailing out British banks will be 175 billion pounds ($255 billion).

Brown Creation

Prime Minister Gordon Brown, who created the FSA in 1997 when he was Chancellor of the Exchequer, had up until the credit crisis championed London’s “light-touch” regulation for being business friendly.

“Where more people are interviewed, that is in line with our more intrusive approach,” said Heidi Ashley, an FSA spokeswoman.

FSA inspections are known as ARROW visits, which stands for “advanced, risk-responsive operating framework.” Before this year, they consisted of assessments of financial companies’ compliance and risk-management.

Over 100

“Whereas before an ARROW visit may have taken in 20 to 40 people, now it’s over 100,” said Carlos Conceicao, a former FSA enforcement director who’s now a regulatory lawyer at London- based Clifford Chance LLP.

The FSA interviewed about 80 people at one of Britain’s biggest banks in the final quarter of 2008, according to a person familiar with the visit. The bank was told that more than 100 will be interviewed next time, said the person, who declined to be identified because the inspections are confidential.

Non-executive directors are now being questioned more intensely and are being asked to provide evidence of where they disagreed with management and how they made their views known, said George at Allen & Overy.

“The FSA is doing two things,” said Jonathan McMahon, a former FSA bank supervisor who is now a regulatory adviser at the consulting firm Promontory Financial Group. “It’s asking more detailed, probing questions. It’s also interviewing people previously untouched by ARROW,” including more junior employees.

The FSA’s more intensive approach can also be seen in the time it takes to approve applications for roles of “significant influence” at companies, said Darren Fox, a regulatory lawyer at London-based Simmons & Simmons.

‘Far More’ Interviews

The regulator is undertaking “far more” interviews before signing off on such appointments, Sally Dewar, the FSA’s Director of Wholesale and Institutional Markets, said yesterday at a conference in London.

Overhauling the ARROW visits mirrors the “revolution” in regulation that its chairman, Adair Turner, promised last month.

ARROW “has embodied our principles-based approach, delivering a lighter regulatory touch for those firms that pose less risk,” an FSA paper said in 2006.

The light-touch approach was criticized by opposition Conservative Party lawmakers who have recommended that bank supervision be returned to the Bank of England should they win the next general election, which must be held by 2010. Turner, presenting his blueprint for regulation, said last month the era of light-touch regulation was dead.

Turner pledged that after a recruitment drive, as many as 20 supervisors will be assigned to each large bank to undertake more rigorous assessment.

More FSA Staff

“They’ve got 100-odd new supervisors and one of the great unknowns is how quickly they’ve been brought up to speed,” Conceicao said. “If they’re not the right caliber with the right experience, then you’ve got inexperienced people looking at vast amounts of information.”

The financial crisis has brought to light scams such as the $65 billion Ponzi scheme to which Bernard Madoff pleaded guilty on March 12. He faces as many as 150 years in jail for using money from new investors to pay off old ones.

“No one wants to be the one who misses the red flags of the next Ponzi scheme and so the FSA is adding a whole new layer of scrutiny,” said Simmons & Simmons’s Fox.

While the FSA is responding to politicians’ concerns by asking for more information, it could also be setting itself up for more problems, Fox said. “The more information the FSA asks for, the more risk they take that if something goes wrong, they will have missed it.”

To contact the reporters on this story: Caroline Binham in London at cbinham@bloomberg.net"