November
2012 saw The Guardian report
Libor like manipulation in the UK gas markets. The story came,
inevitably after a whistleblower who claimed that Britain’s £300
billion pound wholesale gas market has been “regularly”
manipulated and equating it to the Libor scandal. The Financial
Services Authority is investigating.
This
though is only a partial picture, a dot, which needs joining to other
dots to complete a disquieting old masterpiece.
On
the other side of the Atlantic, earlier in November, it was revealed
that Barclays Bank had been accused
of four of its traders conspiring to fix electricity prices at
several major power trading hubs in the western U.S. to boost their
own profits. The traders were 'caught' and Barclays had a $470
million fine imposed by
the Federal Energy Regulatory Commission (FERC), the biggest penalty
ever levied exceeding the fine Barclays paid over Libor rigging.
The
bank has 30 days to show why it should not be penalised. This part of
the picture may yet become obscured. The FERC also said four of the
company's power traders have 30 days to show why they should not be
assessed a total of $18 million in civil penalties. Barclays have
denied the claim. JP
Morgan is facing some very similar charges from the FERC.
The
trading in both of these cases, the UK and US, were in manipulating
the energy prices down. The bank then gains in related positions in
the swaps market by enabling
simultaneous bets on falling energy prices to reap huge profits,
leading to losses of an estimated $140million for other investors and
pensions funds in the case of the US. A strategy known as a
“loss-leader”. Another dot.
Adding
a third dot; the comparison has been made to Libor rigging, and a
familiar pattern is starting to take shape. Libor has been described
as a cartel setting the “price” of money. Barclays Plc, in a
settlement with the U.S. and British authorities, paid $450 million
and admitted that employees attempted to manipulate Libor. Barclays
Chief Executive Officer Robert
Diamond,
stepped down after the fine, stating 14 traders were involved in
wrongdoing at the bank. Currently the UK Police, directed by Serious
Fraud Office prosecutors, will act in the next month. RBS has fired
four traders following an internal probe. More than 25 people have
left UBS after an internal review of interest-rate manipulation.
It
wasn't just Libor that Barclays have been accused of fixing. The
wrongful conduct, as the US Commodity Futures Trading Commission
(CTFC) described it, spanned
from at least 2005 through to at least 2009, and at times occurred on
an almost daily basis. “Over a period of several years, commencing
in at least 2005, Barclays PLC, Barclays Banle and Barclays Capital,
by and through their agents, officers and employees located in at
least New York, London and Tokyo, repeatedly attempted to manipulate
and made false, misleading or knowingly inaccurate submissions
concerning two global benchmark interest rates, the British Banleers'
Association's ("BBA") London Interbanle Offered Rate ("LIB
OR") and the European Banldng Federation's ("EBF")
Euro Interbanle Offered Rate ("Euribor").”
The
CFTC blamed Barclays' “lack of specific internal controls and
procedures concerning its submission processes
for Libor and Euribor and overall inadequate supervision of trading
desks allowed this conduct to occur.” They didn't just blame the
traders.
It
is apparent though that the picture has a longer history than 2005.
Reuters have reported that in
late 1996, Marcy Engel, then a lawyer for Wall Street heavyweight
Salomon Brothers Inc
wrote a letter to the CTFC saying tethering the futures contract to
Libor "might provide an opportunity for manipulation" of
the interest rate. A "bank might be tempted to adjust its bids
and offers ... to benefit its own positions." The
article
goes on to say that by the mid-2000s, manipulating Libor to profit on
Eurodollar futures and other derivatives had become standard
operating procedure among banks in a position to do so, according to
people familiar with the market.
The
similarities don't end there. In the case of the energy price fixing
in the UK The Telegraph reported an E.ON spokesman who said it had
"stringent training and compliance regimes" and was
"confident that all of our colleagues always act in the correct
manner and as a company we fully abide by all appropriate
regulations". Just like in Libor the regulations in the
wholesale energy market are near to non-existent, making it easy to
abide to appropriate regulations.
There
is also the role of the banks in the energy wholesale market. The
roles are not as transparent as they would seem. Britain has led the
way in developing a gas "market" where buyers and sellers
can come to trade. The Financial Services Authority estimates this to
be worth around £300bn a year. The size of this market provides the
benchmark for gas traded around Europe.
In
November five of the six major energy suppliers in the UK have
announced increases in their costs to consumers, at an average of
8.5%. This is a continuing trend. Between 2004 and 2009, energy
prices in the UK increases: domestic electricity prices rose by over
75% per cent, and gas prices increased by over 122%.
There
are more dots. A whistleblowing oil trader has reported to the house
of commons how oil prices are regularly fixed. The International
Organisation of Securities Commissions (IOSCO) has pledged an
investigation into the oil “market” concerned that prices 'were'
susceptible to manipulation.
Are
there sufficient dots now to detect that there may be an underlying
pattern? The overall picture may be beginning to emerge, yet it has
to be placed into context, to see the whole picture. If we can see
the whole picture then perhaps we can better estimate where the next
dots may occur; is it just a matter of rogue traders, or is it far
more serious than that? It is a vital question as it appears that
those that work for and govern banks are regularly implicated in
fixing prices on electricity, gas, oil, and credit to extract a rent
from the World's population.
If
we can take one bank from this story, say Barclays, and see it from
above, can we ascertain any more dots? In October 2011 The New
Scientist published an article 'Revealed
– the capitalist network that runs the world'
which
examined questions arising from a report by Vitali, Glattfelder, and
Battiston, 'The network of global corporate control'. The report
states: 'The structure of the control network of transnational
corporations affects global market competition and financial
stability.' The most prominent organisation, sitting in prime
position in the network, was revealed to be Barclays.
It
is not surprising that Barclays has relationships which include
Energy suppliers: E.on (Germany), ESKOM (Who control 95% of SA
Electricity), GDF Suez and International Power (France: Nuclear, coal
and hydro), National
Thermal Power Corporation (India) NHPC (Hydropower India), RWE
(Germany Europes 2nd
largest energy supplier coal and nuclear), Vattenfall
(Sweden Europes 5th
largest energy producer coal nuclear).
In
August 2012 Barclays Plc agreed to buy and hold $700 million worth of
stockpiles at Essar Energy Plc which has a 196,000 barrel-a-day oil
refining plant in northwest England. Bloomberg
reported
that
John Eleoterio, global head of commodities told them, “We
anticipate a few more transactions within the next six months”. It
seems there are many more dots than first imagined once the picture
is viewed from a global perspective.
Nicholas
Ripley
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