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<DIV class=yiv1419929900>March 16, 2013</DIV>
<H1><SPAN id=misspell-0 class=mark>JPMorgan</SPAN>’s Follies, for All to See</H1>
<H6 class=yiv1419929900>By <SPAN><A title="More Articles by GRETCHEN MORGENSON" href="http://topics.nytimes.com/top/reference/timestopics/people/m/gretchen_morgenson/index.html" rel=nofollow target=_blank><SPAN>GRETCHEN <SPAN id=misspell-1 class=mark>MORGENSON</SPAN></SPAN></A></SPAN></H6>
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<div>BE afraid. </div>
<div>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 class=yiv1419929900 title="More information about JPMorgan Chase & Company" href="http://topics.nytimes.com/top/news/business/companies/morgan_j_p_chase_and_company/index.html?inline=nyt-org" rel=nofollow target=_blank><SPAN id=misspell-2 class=mark>JPMorgan</SPAN> Chase</A>. The financial system, thanks to dissembling traders and bumbling regulators, is at greater risk than you know. </div>
<div>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 <SPAN id=misspell-3 class=mark>Dodd</SPAN>-Frank legislation was supposed to make our system safe from the kinds of reckless banking activities that brought the economy to its knees. </div>
<div>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" rel=nofollow target=_blank>report</A> disproves this premise with vigor. </div>
<div>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. </div>
<div>Remember that this is a report examining <SPAN id=misspell-4 class=mark>JPMorgan</SPAN> Chase, the bank that enjoys the best reputation among its peers. One can only wonder: if <SPAN id=misspell-5 class=mark>JPMorgan</SPAN> Chase traders think nothing of misrepresenting the value of their trades to minimize losses, what are the financial world’s lesser players up to? </div>
<div>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. </div>
<div>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" rel=nofollow target=_blank>Permanent Subcommittee on Investigations</A>, led by Senator <A class=yiv1419929900 title="More articles about Carl Levin." href="http://topics.nytimes.com/top/reference/timestopics/people/l/carl_levin/index.html?inline=nyt-per" rel=nofollow target=_blank>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" rel=nofollow target=_blank>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. </div>
<div>The hearings on Friday were equally compelling, with Mr. Levin and <A class=yiv1419929900 title="More articles about John McCain." href="http://topics.nytimes.com/top/reference/timestopics/people/m/john_mccain/index.html?inline=nyt-per" rel=nofollow target=_blank>John McCain</A>, the Arizona Republican who is the subcommittee’s ranking minority member, subjecting current and former <SPAN id=misspell-6 class=mark>JPMorgan</SPAN> executives, including Ina Drew, the former head of the chief investment office, to penetrating and pointed questions. </div>
<div>“Besides the traders who <SPAN id=misspell-7 class=mark>mismarked</SPAN> the book, who should be held accountable for breaching <SPAN id=misspell-8 class=mark>JPMorgan</SPAN>’s own internal risk limits and adjusting its risk models?” Mr. McCain asked of Douglas L. <SPAN id=misspell-9 class=mark>Braunstein</SPAN>, vice chairman at the bank. After Mr. <SPAN id=misspell-10 class=mark>Braunstein</SPAN> cited the significant reductions in compensation of <SPAN id=misspell-11 class=mark>JPMorgan</SPAN> 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 <SPAN id=misspell-12 class=mark>JPMorgan</SPAN> 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 <SPAN id=misspell-13 class=mark>JPMorgan</SPAN>.” </div>
<div>Hoping to understand <SPAN id=misspell-14 class=mark>JPMorgan</SPAN>’s practice of relaxing its valuation method on the troubled investment portfolio, Mr. Levin asked of Mr. <SPAN id=misspell-15 class=mark>Braunstein</SPAN>: “Is it common for <SPAN id=misspell-16 class=mark>JPMorgan</SPAN> to change its pricing practices when losses start to pile up in order to minimize the losses?” </div>
<div>After a bit of back and forth, Mr. <SPAN id=misspell-17 class=mark>Braunstein</SPAN> said: “No, that is not acceptable practice.” </div>
<div>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 <SPAN id=misspell-18 class=mark>JPMorgan</SPAN>’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. </div>
<div>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. </div>
<div>While these valuation shifts were taking place in the chief investment office, <SPAN id=misspell-19 class=mark>JPMorgan</SPAN>’s investment bank officials continued to mark their identical positions using the midpoint value. </div>
<div>RISK limits, intended to protect the bank from losses, were also routinely breached at <SPAN id=misspell-20 class=mark>JPMorgan</SPAN> 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. </div>
<div>“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. </div>
<div><SPAN id=misspell-21 class=mark>JPMorgan</SPAN> Chase has repeatedly said it made mistakes and has changed its policies. </div>
<div>The Senate report also raises questions about the rigor with which <SPAN id=misspell-22 class=mark>JPMorgan</SPAN> conducted its own investigation into the trading loss. That report was published in January. </div>
<div>Mr. Levin cited the internal report’s failings in his questioning of Michael <SPAN id=misspell-23 class=mark>Cavanagh</SPAN>, a task force member and co-C.E.O. of <SPAN id=misspell-24 class=mark>JPMorgan</SPAN>’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?” </div>
<div>“I don’t believe we called that out in the report,” Mr. <SPAN id=misspell-25 class=mark>Cavanagh</SPAN> answered. </div>
<div>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. </div>
<div>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. </div>
<div><SPAN id=misspell-26 class=mark>JPMorgan</SPAN>, 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. </div>
<div>As for taxpayers, the Senate report clearly indicates that <SPAN id=misspell-27 class=mark>JPMorgan</SPAN> 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. </div>
<div>We already know that banks of <SPAN id=misspell-28 class=mark>JPMorgan</SPAN>’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 <SPAN id=misspell-29 class=mark>JPMorgan</SPAN> are simply too big a risk for taxpayers to bear? </div>
<DIV class=yiv1419929900></DIV></DIV><BR clear=all><BR>-- <BR>Art Deco (Wayne A. Fox)<BR><A href="mailto:art.deco.studios@gmail.com" rel=nofollow target=_blank ymailto="mailto:art.deco.studios@gmail.com">art.deco.studios@gmail.com</A><BR><BR><IMG src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><BR></DIV></DIV><BR>=======================================================<BR>List services made available by First Step Internet,<BR>serving the communities of the <SPAN id=misspell-30 class=mark>Palouse</SPAN> since 1994.<BR> <A href="http://www.fsr.net/" target=_blank>http://www.fsr.net/</A><BR> <SPAN id=misspell-31 class=mark>mailto</SPAN>:<A href="mailto:Vision2020@moscow.com" ymailto="mailto:Vision2020@moscow.com">Vision2020@moscow.com</A><BR>=======================================================<BR><BR></DIV></DIV></div></body></html>