Rogue trader costs French bank $7.14 billion

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By EMMA VANDORE
Associated Press

PARIS ? French bank Societe Generale said today it has uncovered a 4.9 billion euro ($7.14 billion) fraud ? one of history's biggest ? by a single futures trader whose scheme of fictitious transactions was discovered as stock markets began to stumble in recent days.

CEO Daniel Bouton said the trader's motivations were "irrational," netting the trader no personal financial gains. Still, the bank is seeking to have him prosecuted in court.

A person familiar with the case named the trader as Jerome Kerviel. Bank officials said the trader was a Frenchman in his 30s who probably acted alone. The person spoke on condition of anonymity because of the sensitivity of the case.

The bombshell destabilized a major bank already exposed to the subprime crisis. France's second-largest bank by market value said it would be forced to seek euro5.5 billion (US$8.02 billion) in new capital.

Societe Generale filed a complaint today with a court in Nanterre, west of Paris, accusing the trader of fraudulent falsification of banking records, use of such records and computer fraud, the bank said in a statement.

The Paris prosecutor opened a preliminary investigation today based on a complaint filed by a small shareholder concerned about losses incurred because of the fraud, a judicial official said. The Bank of France, the country's central bank, said it was immediately informed of the fraud and was investigating.

Societe Generale's shares, which have lost nearly half their value over the past six months, were suspended in Paris this morning, then dropped 5.5 percent to 74.77 euros ($108.97) when they resumed trading.

The bank said it detected the fraud ? comparable to a full year of its profits in stable times ? at its French markets division the weekend of Jan. 19-20.

Once uncovered, Bouton said the bank alerted market regulators and moved immediately to close the trader's positions, incurring heavy losses amid sharp declines on world markets.

"This is a bad time for banks and the industry in general. But detecting the fraud over the weekend was problematic because world stock markets on Monday and Tuesday fell hugely around the world. When the positions had to be unwound, the bank did that in a terrible market of falling equities," said Janine Dow, senior director at Fitch Ratings financial institution group in Paris

"In hindsight, it was this guy's superior knowledge of the control system of every aspect of trading at the bank that allowed him to build up fraudulent positions and hide them," she said.

The bank said the trader had misled investors in 2007 and 2008 through a "scheme of elaborate fictitious transactions." The trader used his knowledge of the group's security systems to conceal his fraudulent positions, the statement said.

The man admitted to the fraud, the bank said, and was being dismissed. Four or five of his supervisors were to leave the group. Bouton offered to resign but the board rejected that.

The trader had worked for the bank since 2000 and earned a salary and bonus of less than euro100,000 (US$145,700), executives said.

"I'm convinced he acted alone," said Jean-Pierre Mustier, chief executive of the bank's corporate and investment banking, who interviewed the trader when the fraud was uncovered.

The trader was responsible for basic futures hedging on European equity market indexes, the company said. That means he made bets on how the markets would perform at a future date.

Until last year, the trader had been betting that markets would fall, but then changed his position at the start of this year to bet they would rise, said Kinner Lakhani, an analyst at ABN Amro in London who specializes in Societe Generale shares, citing the bank's management.

He said there had been "daily rumors" this week that something was afoot at Societe Generale. "The market was sniffing something," he said.

Because the trader previously had worked in trading accounting offices, "he would have known how the risk management worked," Lakhani added. In a conference call with analysts on Thursday, bank officials "talked about this guy bypassing systems and setting up false counter-trades."

Societe Generale said the trader was involved in "plain vanilla" forms of hedging. Futures trading began with selling commodities like sugar or oil to be delivered at a future date, but has expanded enormously to many kinds of extremely complex financial instruments.

The fraud appeared to be the largest ever by a single trader. If confirmed, it would far outstrip the Nick Leeson trading scandal in 1995 that forced the collapse of British bank Barings. Leeson, the bank's Singapore general manager of futures trading, lost 860 million pounds ? then worth US$1.38 billion ? on Asian futures markets, wiping out the bank's cash reserves. The company had been in business for more than 230 years.

The fraud was not as big as the 1991 scandal that led to the demise of the Bank of Credit and Commerce International. Claims by depositors and creditors there exceeded US$10 billion at the time. International bank regulators seized BCCI, which had headquarters in Luxembourg, London and the Cayman Islands, acting on auditors' reports that described huge losses from illegal loans to corporate insiders and from trading transactions.

Axel Pierron, senior analyst at Celent, an international financial research and consulting firm, was stunned that 13 years after the Barings collapse, something similar has happened.

"The situation reveals that banks, despite the implementation of sophisticated risk management solutions, are still under the threat that an employee with a good understanding of the risk management processes can getting round them to hide his losses," he said.

At Societe Generale, the announcement came on the back of 2.05 billion euros ($2.99 billion) in write-downs linked to subprime-related difficulties and the crisis in financial markets.

The bank is now planning a capital hike in the "following weeks" by selling shares in a rights offer underwritten by JPMorgan Chase & Co. and Morgan Stanley.

The write-down and losses will lead the company to post a net profit of 600 million euros to 800 million euros ($874 million to $1.16 billion) for all of 2007, the Paris-based bank said. Full-year results will be announced Feb. 21. In 2006, net profit was euro5.2 billion.
 

The Judge

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This almost certainly contributed to the panic-selling on Wall Street earlier this week. The Fed claims to not have known about the bank's situation and now some analysts say the central bank might have overreacted when it cut interest rates on Tuesday. Some think it's less likely that the Fed will make another big cut next week.
 

Dead Money

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Total Ca-ca

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Does anybody seriously believe ONE trader, not even a major player, precipitated this without some internal red flag appearing??

Or is it more likely he is a scapegoat for the banks derivative positions?

As fragile as the international banking system is, think of the panic if the bank took full responsibility and said..."yeh our fooling around with your hard earned money, bit us on the ass..., take your money and stick it under your matress, it is far safer..."
 

IntenseOperator

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Does anybody seriously believe ONE trader, not even a major player, precipitated this without some internal red flag appearing??

Or is it more likely he is a scapegoat for the banks derivative positions?

As fragile as the international banking system is, think of the panic if the bank took full responsibility and said..."yeh our fooling around with your hard earned money, bit us on the ass..., take your money and stick it under your matress, it is far safer..."


French rogue trader says his bosses knew


PARIS - The trader accused of causing about $7 billion in losses at Societe Generale told investigators that he believes his bosses were aware of his massive risk-taking on markets but turned a blind eye as long as he earned money, a judicial official said Tuesday.

Societe Generale, which said last week that Kerviel's actions cost it nearly 5 billion euros, quickly accused Kerviel of lying. In another twist to the multifaceted case, France's financial markets authority opened an investigation into the bank, France's second-largest.

Kerviel, a 31-year-old junior trader, told investigators of efforts to mask his massive transactions, but said the bank must nonetheless have noticed something suspicious, according to excerpts of his police testimony published in Le Monde newspaper. Kerviel's remarks were confirmed by Isabelle Montagne, a spokeswoman for the Paris prosecutor's office.

"I can't believe that my superiors were not aware of the amounts I was committing, it is impossible to generate such profits with small positions," Kerviel said, according to the account confirmed by Montagne.

A lawyer for Societe Generale said the bank was "a victim of someone who lied, who cheated."

"When you are questioned by police or judges, you have the right to lie," lawyer Jean Veil told RTL radio.

Kerviel said the mere fact that he only took four vacation days in 2007 should have been a glaring sign to the bank that he was unwilling to let another trader step in for him.

"The techniques I used were not at all sophisticated, and any correctly conducted check should be able to detect these operations," he said, according to the testimony in Le Monde that the prosecution official confirmed.

Kerviel also insisted that his No. 1 concern was "earning money for my bank."

"As long as I was earning cash, the signs were not that worrisome," he said. "As long as you earn money and it isn't too obvious, and it's convenient, nobody says anything."

According to the testimony, the futures trader also told investigators that his pattern of hidden trades started in 2005 with a bet that turned profitable when markets fell because of terror attacks in London.

"It makes you want to continue, there's a snowball effect," he was quoted as saying.

France's market watchdog, the Autorite des Marches Financiers, or AMF, said it had opened a probe into Societe Generale.

Christine Anglade, a spokeswoman for the body, gave no details on the nature of the investigation and would not say whether it had any relation to Kerviel. Les Echos newspaper reported that the AMF has been examining the trading in the bank's shares in the days before the announcement of Kerviel's actions.

A lawyer for a group of Societe Generale shareholders, Frederik Canoy, has filed a legal complaint asking investigators to look into possible insider trading.

On Monday, the market watchdog said in a routine disclosure that a member of Societe Generale's board, Robert A. Day, sold 85.75 million euros ($126.1 million) worth of shares in the bank on Jan. 9 ? two weeks before the fraud announcement and well before bank management says it discovered the problem. Day is an investment manager with U.S.-based Trust Company of the West, or TCW.

Two foundations linked to Day, the Robert A. Day Foundation and the Kelly Day Foundation, also sold a total of 9.59 million euros ($14.1 million) worth of shares one day later, on Jan. 10. Regulators made no allegation of wrongdoing.

Josh Pekarsky, a spokesman for Day, said all required government disclosures were made, and he said no "inside information was used in any way with respect to these sales."

The bank's troubles have led to increased speculation that it may be the target of a takeover bid. Prime Minister Francois Fillon said his government will seek to fend off any hostile takeover.

Kerviel was pinned Monday with preliminary charges of "breach of trust," "forgery and using forgeries" and unauthorized computer activity, the Paris prosecutor's office said. The judges did not pursue an attempted fraud charge sought by prosecutors.

One of his lawyers, Elisabeth Meyer, called the lighter-than-expected charges a "victory." Paris prosecutors appealed the decision to free Kerviel.
 
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