The Great Debate
06:07 January 30th, 2009

Ethics without regulation won’t cut it

Tags: General, ,

– James Saft is a Reuters columnist. The opinions expressed are his own –

There has been a lot of talk in Davos about improving business ethics, and mercy knows there is certainly room for that. The past few years, like the end of most booms, have included plenty of fraud, self-dealing, and general all-purpose unethical behaviour.

James Saft Great Debate

I think it’s fantastic that business should seek to raise ethical standards. It’s good business, and not before time. I do understand that a lot of what happened was a social phenomenon, and that a change in mores can only help.

But frankly, a new emphasis on ethics is a sideshow, and among some who propose it, a diversionary tactic.

While I agree that mankind is perfectible, as an investor, a citizen and hopefully some day a retiree, I am not willing to bet my future or the future of my children on it.

I want some guarantees.

I want some better safeguards.

And that means no schemes of ethical codes and self-regulation, but schemes of tighter regulation, greater oversight and dire consequences for those who breach them.

The problem is not (just) that people were greedy or self-interested. Greed and self-interest seem to occur pretty regularly, in my experience. It is true that they got a bit more reinforcement in the past decade then usual, and so might have grown,  but I really do think we are on a hiding to nothing if we try to solve the problems in the financial markets and economics and avoid future bubbles by more emphasis on ethics. The problem was that the rules under which everyone operated did not do enough to limit and channel greed and self-interest.

I want to make clear too that I’m not singling out bankers here, there was a lot of unseemly behaviour among consumers, house buyers and retail investors too.

But I do think that the financial sector needs to be very careful about how they pitch a new emphasis on ethics. If the intention is to try to minimize regulation, it won’t work and will only exacerbate the backlash they are already facing.

But why do I think I have the right to demand safeguards and guarantees? Well, I, like you, am a taxpayer and a voter and we are ultimately the bag holders for the misadventures of the financial sector. That sector enjoys a government guarantee which has been growing and growing.

Regulation means less leverage, less socialization of risk and privitisation of reward. And yes, I do understand that more regulation and less leverage imply lower growth, but also lower volatility in growth, which we can all agree is expensive.

And among the rewards that the private sector can earn there needs to be a better balance between how those rewards are parcelled out between employees and shareholders.  I don’t so much want a much bigger role of the state in deciding who makes what, but I’d like to see better a balance of power between shareholders and employees.

Take for example the trader at a AAA-rated bank (remember them?) who used that rating to borrow cheaply and buy a structured product with a higher yield. He banked his bonus and was still in the money when the trade went bad. He was taking advantage of two groups of people. First the shareholders, who should have gotten more of the benefit of the franchise they fund and second the taxpayers, who ultimately were insuring the whole rodeo.

I don’t expect the trader to suddenly become a saint; I do expect the system to take that into account.

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Also at Davos is Maria Ramos, CEO of Transnet, who raised some important questions about the discussion of ethics and business values:

Best Comment

February 1st, 2009
12:53 am EST
This is a multi level issue There is a way to avoid unethical / criminal behaviour in the broad business community including the financial sector which is riddled with sharp practice. The regulators must banish any scheme where the underlying rules and costs are not completely transparent and fail to conform to prescribed set guidelines. Banish the use of small print in insurance contracts, investment products, consumer sales contracts, etc, and create a situation where what you see is exactly what you get. The words "Conditions Apply" should be discontinued in all advertising. Simplicity must be paramount because most of the people being hurt by these practices are unsophisticated and very easily misled. At the same time the regulators must look at the more sophisticated "products" like derivatives, ETFs, options,futures, etc, and gauge to what extent they have contributed to the current crisis. If it is felt that abuse of these products is a factor then they should be banned if they cannot be properly controlled. Regulators must ignore the wails of protest from vested interests. Rather allow unscrupulous financial practioners to lose their jobs than create more misery amongst the unwary While the rules of the game are being changed, there should be global campaign which warns the man in the street and investors to stay away from products and shemes which they do not fully understand.
-Posted by anton kleinschmidt

47 comments so far

February 2nd, 2009 4:40 pm GMT - Posted by Damian Palmares

Truly Max, maybe then they will realize what they have done is wrong and make amends to the public, who is very suspicious of the banking and financial industry, the government and our World leaders right now. What we need right now is action, something needs to be done to appease the public and give them some piece of mind. The TARP money that has “disappeared” needs to be found and people need to be held accountable, and you are right in saying that our regulators now, over the financial industry at least, are underpowered, under funded, understaffed and lack the intelligence to fight these “big boys”. Someone said their average salary is $50,000 a year. In all honesty, what do you expect with a salary like that, you wont get the top talent from business schools because they are money motivated, unfortunately, and know they can make ten times that in the financial industry with their networks and will continue to do so until we stop them.

February 2nd, 2009 1:53 pm GMT - Posted by Max Burgess

Under the auspice of tighter regulation imposed by complex and costly organisations such as the FSA the fee earners and the bonus bandits hoodwinked the novice regulatory practitioners. The saying “big is beautiful” came true. Regulatory practices and costs forced the small operator, who mostly sold a “sincerity package” to win customer affection, out of business leaving the field clear to those who could manipulate the rules and regulation with weasel cunning. They (the big boys)had the money and the tactical advisors to do this whereas the small IFA and fund manager only had time to comply and a conscience that curbed misadventure.
The call for simplified products is paramount, maybe this way the regulators will be able to identify over extension and a feast that is only served at the end of the table. However, if you pay peanuts you only get monkeys so instead of novices overseeing the mighty would it not be a good idea to impose the duty of regulation on those that know the industry best and allow them to stand in judgement on each others investment and funding practices in much the same way OPEC controls a valuable world commodity.
Councils do work where as regulatory authorities will never be able to recruit knowledge where it matters. They at best, are amateur game-keepers. Right from the very beginning the FSA failed with the malfeasance of Michael Bright of the Inependent Insurance Co - they just don’t know what they are looking for so choose easy, small targets for self justification. My call is to put the bankers and fund managers into an ethical role and ask them to take time out to serve the poor !

February 2nd, 2009 12:36 pm GMT - Posted by H I Manning

We need another Cromwell a Lord protector once more
If Westminster is no longer fit for purpose it is a waste of time trying to re-introduce integrity
A gentleman wilding an axe once more on Tower Hill might
introduce some serious thinking in the corridors of power Halk a dozen should be enough

February 2nd, 2009 12:07 pm GMT - Posted by Damian Palmares

Sorry, I was just venting my frustration at the whole situation. And yes Bill, you are right that the investor is aware of the risk.

February 2nd, 2009 5:29 am GMT - Posted by louis

What is needed is a stringent criminal code for those that destroy the lives of thousands

February 2nd, 2009 5:00 am GMT - Posted by MrBill, Eurasia

It is good to vent frustration, but if you do not start with a good code of ethics, or code of conduct, as the backbone towards regulation you will ultimately failed if you rely on a rules based approach only. Finance is too complicated. It has to be. The world is a complicated place, and finance does not exist in a vacuum, but is instead based on the many hundreds of thousands of transactions and prices that take place in the real economy for goods and services.

Transparency? The average initial private offering or bond issue comes with hundreds of pages of disclosure. Even an average annual report can be a hundred pages. A term sheet is not a substitute for an investment circular. And by definition an abridged term sheet cannot point out all market and legal risks under all circumstances.

Investors, professional or otherwise, accept those risks when they purchase a financial security. To pretend otherwise is just naive. Too lazy to read the fine print? Well, even if you are not you will find many paragraphs and warnings to the various risks you are accepting by buying the security. So read the official filing twice if you want. You are still accepting the risks if you choose to buy. Risk is the flipside to yield and return. When you invest you accept both.

February 2nd, 2009 4:29 am GMT - Posted by Damian Palmares

Are we really that dumb you guys? That you can’t see the protectionism coming if you put that into a stimulus bill…we don’t have the manufacturing base to “buy American” since our greedy corporations started outsourcing all of our manufacturing and factory jobs overseas to people who will work in a factory for $3 a day….are u kidding me? And then you say “BUY AMERICAN”…we don’t have anything that is American anymore except a failed Automotive industry that can’t get a handle on design and fuel efficiency…it almost makes me wonder if it has been done on purpose? Oh wait we have Wall Street…they can make us some money…oh, maybe not they took it and lost a huge huge unforgivable amount of our money and are laughing at us as they dole out billions of dollars of our money in bonuses. Nationalise everything..someone is out to get us, the honest people, and if we don’t stick up for ourselves we will all be living in shacks begging and praying to get picked to go work in the factory for $3 a day.

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