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<div class="">March 16, 2013</div>
<h1>JPMorgan’s Follies, for All to See</h1>
<h6 class="">By
<span>
<a href="http://topics.nytimes.com/top/reference/timestopics/people/m/gretchen_morgenson/index.html" rel="author" title="More Articles by GRETCHEN MORGENSON"><span>GRETCHEN MORGENSON</span></a></span></h6>
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<p>
BE afraid. </p>
<p>
That’s the takeaway for both investors and taxpayers in the 307-page
Senate report detailing last year’s $6.2 billion trading fiasco at <a href="http://topics.nytimes.com/top/news/business/companies/morgan_j_p_chase_and_company/index.html?inline=nyt-org" title="More information about JPMorgan Chase & Company" class="">JPMorgan Chase</a>. The financial system, thanks to dissembling traders and bumbling regulators, is at greater risk than you know. </p>
<p>
After bailing out the nation’s banking system in 2008, taxpayers and
investors have been assured that such a crisis will not happen again.
The Dodd-Frank legislation was supposed to make our system safe from the
kinds of reckless banking activities that brought the economy to its
knees. </p>
<p>
The Senate <a title="The report." href="http://www.hsgac.senate.gov/subcommittees/investigations/hearings/chase-whale-trades-a-case-history-of-derivatives-risks-and-abuses">report</a> disproves this premise with vigor. </p>
<p>
Its pages of e-mails, testimony, telephone transcripts and analysis show
that traders in the bank’s chief investment office hid money-losing
derivatives positions, if only temporarily; that risk limits created by
the bank to protect itself were exceeded routinely; that risk models
were changed to minimize losses; that bank executives misled investors
and the public; and that regulations are only as good as the regulators
enforcing them. </p>
<p>
Remember that this is a report examining JPMorgan Chase, the bank that
enjoys the best reputation among its peers. One can only wonder: if
JPMorgan Chase traders think nothing of misrepresenting the value of
their trades to minimize losses, what are the financial world’s lesser
players up to? </p>
<p>
Unfortunately, that is not something investors are likely to learn until
it is too late and a wrong-way bet blows up an institution’s balance
sheet. </p>
<p>
Before delving into the report and its findings, let’s congratulate the <a title="The subcommittee’s Web site." href="http://www.hsgac.senate.gov/subcommittees/investigations">Permanent Subcommittee on Investigations</a>, led by Senator <a href="http://topics.nytimes.com/top/reference/timestopics/people/l/carl_levin/index.html?inline=nyt-per" title="More articles about Carl Levin." class="">Carl Levin</a>,
a Michigan Democrat. This is the second time in recent history that
this subcommittee and its staff have served the public by illuminating
the dark corners of the financial world — the first being the riveting <a href="http://www.levin.senate.gov/newsroom/press/release/us-senate-investigations-subcommittee-releases-levin-coburn-report-on-the-financial-crisis">hearings and reports</a>
on the causes of the 2008 financial crisis, which dove deep on
Washington Mutual, Goldman Sachs and the credit ratings agencies.
</p>
<p>
The hearings on Friday were equally compelling, with Mr. Levin and <a href="http://topics.nytimes.com/top/reference/timestopics/people/m/john_mccain/index.html?inline=nyt-per" title="More articles about John McCain." class="">John McCain</a>,
the Arizona Republican who is the subcommittee’s ranking minority
member, subjecting current and former JPMorgan executives, including Ina
Drew, the former head of the chief investment office, to penetrating
and pointed questions. </p>
<p>
“Besides the traders who mismarked the book, who should be held
accountable for breaching JPMorgan’s own internal risk limits and
adjusting its risk models?” Mr. McCain asked of Douglas L. Braunstein,
vice chairman at the bank. After Mr. Braunstein cited the significant
reductions in compensation of JPMorgan executives as one measure of
accountability, Mr. McCain replied: “It’s hard for me to accept that
serious responsibility was assumed by the top management of JPMorgan
especially in light of e-mails that say that these decisions were,
according to Ms. Drew, fully discussed and vetted by the top management
of JPMorgan.” </p>
<p>
Hoping to understand JPMorgan’s practice of relaxing its valuation
method on the troubled investment portfolio, Mr. Levin asked of Mr.
Braunstein: “Is it common for JPMorgan to change its pricing practices
when losses start to pile up in order to minimize the losses?” </p>
<p>
After a bit of back and forth, Mr. Braunstein said: “No, that is not acceptable practice.” </p>
<p>
Not acceptable, perhaps, but that is what occurred, as the Senate report
shows. Normal practice at the bank and across the industry is to value
these kinds of derivatives at the midpoint between the bid and offer
prices available in the market. But in early 2012, as it became apparent
that JPMorgan’s big trades at the chief investment office were going
bad, the bank began valuing the portfolio well outside the midpoint.
This reduced its losses. </p>
<p>
For example, in January 2012, the portfolio valuations hewed closely to
the midpoint on all but 2 of the 18 measures, the Senate investigators
found. A month later, 5 of the 18 valuation measures deviated from the
midpoint. In March, however, all 18 deviated, and 16 were at the outer
bounds of price ranges. In every case, the prices used by the bank
understated its losses. </p>
<p>
While these valuation shifts were taking place in the chief investment
office, JPMorgan’s investment bank officials continued to mark their
identical positions using the midpoint value. </p>
<p>
RISK limits, intended to protect the bank from losses, were also
routinely breached at JPMorgan Chase, the report found. From late 2011
to the first quarter of 2012, Senate investigators saw a huge jump in
the number of risk-limit breaches — to more than 170, from 6. Then, in
April 2012 alone, risk limits were exceeded 160 times. </p>
<p>
“Should someone have investigated the risky trading activities that
triggered all these breaches?” Mr. Levin asked. Yes, but no one did, the
report concluded. The risk limits were either ignored or modified to
make the portfolio look better. </p>
<p>
JPMorgan Chase has repeatedly said it made mistakes and has changed its policies. </p>
<p>
The Senate report also raises questions about the rigor with which
JPMorgan conducted its own investigation into the trading loss. That
report was published in January. </p>
<p>
Mr. Levin cited the internal report’s failings in his questioning of
Michael Cavanagh, a task force member and co-C.E.O. of JPMorgan’s
corporate and investment bank. “You just told us that shifting pricing
practices to minimize losses is not acceptable,” Mr. Levin said. “Did
you say that in your report? Did you say that’s what happened?” </p>
<p>
“I don’t believe we called that out in the report,” Mr. Cavanagh answered. </p>
<p>
The report recommends what regulators should do to prevent similar
events at other banks. It suggests that regulators should be on the
lookout for manipulation of an institution’s risk models and should
encourage banks to use independent pricing services to ensure the
integrity of valuations. </p>
<p>
But the true value in this Senate investigation is its spotlight on the
ability of bank executives to hide hundreds of millions of dollars in
losses and yet survive internal valuation reviews. This “shows how
imprecise, undisciplined, and open to manipulation the current process
is for valuing credit derivatives,” the report said. </p>
<p>
JPMorgan, don’t forget, is the largest derivatives dealer in the world.
Trillions of dollars in such instruments sit on its and other big banks’
balance sheets. The ease with which the bank hid losses and fiddled
with valuations should be a major concern to investors. </p>
<p>
As for taxpayers, the Senate report clearly indicates that JPMorgan
Chase is too big to regulate. The report found that the bank failed to
provide crucial portfolio data to its regulators at the Office of the
Comptroller of the Currency and that those regulators did not
investigate questionable trading at the bank. The overseers accepted the
bank’s assurances that nothing was amiss. </p>
<p>
We already know that banks of JPMorgan’s size are also too big to be
allowed to fail and too big to prosecute. Such banks are too big to
regulate and apparently too big to manage. So how much more evidence do
we need that banks like JPMorgan are simply too big a risk for taxpayers
to bear? </p>
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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