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UBS

UBS takes double-hit from regulators

Swiss banking giant UBS was hit twice over on Monday for allowing a rogue trader to commit massive fraud, with British regulators imposing a nearly $50-million fine and Switzerland banning its investment bank from staging takeovers.

UBS takes double-hit from regulators
Convicted rogue trader Kweku Adoboli (Photo: Andrew Cowie/AFP)

In yet another black mark for Swiss banking, regulators in Britain and Switzerland moved fast to punish UBS for failing to stop rogue trader Kweku Adoboli, who was sentenced last week to seven years behind bars in Britain for gambling away $2.3 billion.

Britain's Financial Services Authority (FSA) watchdog said it had fined the Swiss bank £29.7 million ($47.6 million) for "systems and controls failings (which) revealed serious weaknesses in the firm's procedures, management systems and internal controls."

The Swiss Financial Market Supervisory Authority, or FINMA, meanwhile announced several sanctions against the bank, including stopping its investment banking arm from making any new acquisitions.

The Swiss regulator also ordered UBS to seek prior approval from FINMA for an new business initiatives in its investment bank, and placed gradually declining upper limits on the investment bank's risk-weighted assets.

Last Tuesday, a jury in London found the 32-year-old Ghanaian-born Adoboli guilty of two counts of fraud, though it cleared him of four charges of false accounting.

During the two-month trial, Adoboli admitted losing the enormous sums but denied any wrongdoing. He claimed that senior UBS managers were fully aware of his activities and encouraged him to take risks and raise profits.

However, prosecutors said that in a bid to boost his bonuses and chances of promotion, Adoboli exceeded his trading limits, failed to hedge trades and faked records to cover his tracks between 2008 and 2011.

The tactics initially paid off — prosecutors said he earned $90 million for UBS and its clients by May 2011 and the bank rewarded him with huge bonus increases, rising from £15,000 in 2008 to £250,000 in 2010.

But as the financial crisis took hold, Adoboli's deals went bad.

UBS only became aware in September 2011 that unauthorised trades had taken place on its Exchange Traded Funds Desk in its Global Synthetic Equities (GSE) division in London — far too late according to FINMA and FSA, which together probed UBS's failings and found significant deficiencies in the bank's supervision of Adoboli's trades.

"UBS failed to question the increasing revenue of the desk and failed to ensure that there was a corresponding increase in the controls in place over the desk," Tracey McDermott, FSA's director of enforcement and financial crime, said in a statement.

"As a result Adoboli, a relatively junior trader, was allowed to take vast and risky market positions, and UBS failed to manage the risks around that properly," she said.

"We know from past experience that failures to manage risk properly can cause firms to fail and cause systemic harm."

FINMA, meanwhile, blasted UBS for failing "to properly investigate the many warnings triggered by transactions from the ETF desk, (like) the unusually large profits generated" there starting in early 2011.

"Substantial" reconciliation errors, sometimes exceeding $1 billion, were also not seriously questioned, and Adoboli's managers accepted his "implausible" explanation that they were mere "booking errors," FINMA pointed out.

"The fraudulent transactions executed by the rogue trader would have been detected sooner if these deficiencies had not existed," it said.

UBS, which qualified for a 30-percent discount in the British fine after agreeing to settle early, said on Monday that it accepted the findings
of both the British and Swiss regulators and stressed it was "pleased that this chapter has been concluded."

Following Monday's announcements, UBS, Switzerland's biggest bank, saw its share price fall 0.95 percent in late morning trading on a Swiss market down 0.47 percent.

Helvea analyst Tim Dawson told AFP the regulators' "vote of no confidence" for the UBS management in place during the fraud was not surprising.

"It means that the company has no choice but to strengthen internal controls," he said.

He noted though that the sanctions would "not have any material impact on the investment bank, as the company wants to reduce these activities anyway."

Late last month, UBS announced 10,000 job-cuts as part of a massive restructuring of its ailing investment bank, which also burdened it with catastrophic losses during the 2008 "subprime" crisis.

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FRANCE

Switzerland’s UBS faces €3.7-billion fine as crucial court ruling looms

A Paris court will rule Wednesday on whether Swiss banking giant UBS illegally tried to convince French clients to hide billions of euros in Switzerland, charges which prompted prosecutors to seek a record €3.7-billion fine.

Switzerland's UBS faces €3.7-billion fine as crucial court ruling looms
UBS denies charges it helped French clients evade tax and says it will defend itself "vigorously". Photo: AFP

The trial opened last autumn after seven years of investigations, launched when several former employees came forward with claims of unlawful conduct. 

The move came as authorities across Europe cracked down on tax evasion and dubious banking practices in the wake of the global financial crisis which erupted in 2007.

The pressure eventually forced Switzerland to effectively end its tradition of ironclad bank secrecy, by joining more than 90 countries which agreed to automatically share more client account information among each other.

In the UBS case, French authorities determined that more than €10 billion had been kept from the eyes of tax officials between 2004 and 2012.

The National Financial Prosecutor's office urged a €3.7-billion ($4.2 billion) fine, the largest ever sought in France, saying the bank and its directors “were perfectly aware that they were breaking French law” by unlawfully soliciting clients and helping them evade French taxes.

They also sought a €15 million fine for UBS's French subsidiary, and fines of up to €500,000 for six top executives, including Raoul Weil, the former third-in-command at UBS, and Patrick de Fayet, formerly the second-ranking executive for its French operations.

In addition, lawyers for the French state, which is a plaintiff in the case, asked for €1.6 billion in damages.

UBS, which was ordered to post €1.1 billion in bail, has denied the charges and said its operations complied with Swiss law.

It also says that it was “unaware” that some French clients had failed to declare assets in Switzerland, and that prosecutors have not produced any proof, such as client names or account numbers, to back up their fraud claims.

The case is being closely watched by industry executives at a time when Paris and other European capitals are hoping to lure multinational banks from London as Brexit looms.

'Milk tickets'

UBS is accused of organising or inviting prospective clients to prestigious outings such as the French Open or luxury hunting retreats, where UBS's Swiss bankers would meet their “prospects” — something they were not allowed to do under French law.

UBS France directors then used notes called “milk tickets” to keep track of how many “milk cans” – amounts of money – were transferred to Swiss accounts.

They say the system was merely a way to balance out bonuses due to French bankers who were effectively losing a client to their Swiss peers, and the notes were later destroyed.

But investigators claim the “milk tickets” were proof that UBS had a parallel accounting system for keeping the transfers off its official books.

Only one “milk ticket” was found during the inquiry, prompting defence lawyers to argue there was no proof to justify claims of a massive fraud.

Yet prosecutors pointed to the roughly 3,700 French UBS clients who later took advantage of an amnesty offer to regularise their tax declarations with the French authorities.

UBS has been embroiled in a series of similar cases, most notably in the United States, where the authorities said the bank used Switzerland's banking secrecy laws to help rich clients avoid taxes.

In 2009 it paid $780 million to settle charges it helped thousands of American citizens hide money from the Internal Revenue Service, and agreed to turn over information on hundreds of clients, severely denting Switzerland's long tradition of shielding banking clients and their operations from prying eyes.

That case was also prompted by a former American UBS employee turned whistleblower, Bradley Birkenfeld, whose book “Lucifer's Banker: The Untold Story of How I Destroyed Swiss Bank Secrecy” was published in 2016.

Last November UBS was again sued by US authorities, who accuse the bank of misleading investors over the sale of mortgage-backed securities in 2006 and 2007, just before the financial crisis struck.

UBS has denied the charges and said it will defend itself “vigorously”.