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JPMorgan’s Teflon CEO Glides Past Reputation Hits

What does it take for investors and other supporters of a popular public company to finally decide the firm has gone too far in breaking the rules?

If you’re JPMorgan Chase & Co., it apparently takes more than a $6.2 billion trading blunder, a really embarrassing hearing before a Senate investigations committee, and a report that 8 federal agencies are circling you with probes.

In my column today for Bloomberg View, I write about the stunning ability of “The World’s Most-Admired Bank” to wallow in credit for all its good news, but slip by when the bad stuff happens.

“Steel City Re, a Pittsburgh-based firm that measures corporate reputations, ranks the bank in the 90th percentile among 50 financial conglomerates…Little wonder, I suppose, that earlier this year, JPMorgan topped the Fortune magazine list of most-admired banks in the world for the second year in a row. Are the bank’s admirers living in some parallel universe where black marks just don’t register?”

 

How does JPMorgan do it? You can read my column here.

JPMorgan’s Teflon CEO Glides Past Reputation Hits


This article originally appeared in Bloomberg View on April 3rd, 2013.

JPMorgan Chase & Co. and its chief executive officer, Jamie Dimon, have been dealing with a blitz of bad news of late, but you wouldn’t know it from the accolades that keep getting heaped on them.

There was the $6.2 billion trading loss best known as the London Whale debacle that Dimon dismissed as a “tempest in a teapot”; the humiliating hearing before Senator Carl Levin’s Permanent Subcommittee on Investigations, where we learned that Dimon had played a role in managing the wrong-way trades; and, to top it off, the New York Times on March 26 reported that eight federal agencies were circling the bank with various probes.

Then there are the costs to settle regulatory cases and litigation. Joshua Rosner, an analyst at Graham Fisher & Co. in New York, estimated these have totaled as much as $8.5 billion since 2009 — and that doesn’t count any of the mortgage-related givebacks that came after the financial crisis.

That’s all serious stuff, you might be thinking. So why are investors and sycophantic media types still under the spell of JPMorgan and its top guy?

Even as the grim news was piling up for Dimon and his bank, Barron’s magazine last month honored him as one of the “World’s Best CEOs” — a short list of 30 international superstars.

Feeling Loved

JPMorgan, meanwhile, is feeling the love when it comes to its stakeholders. Steel City Re, a Pittsburgh-based firm that measures corporate reputations, ranks the bank in the 90th percentile among 50 financial conglomerates. Nir Kossovsky, a Steel City co-founder, says he calculates how stakeholders reward or punish companies through such things as sales volume, vendor terms and credit costs.

Little wonder, I suppose, that earlier this year, JPMorgan topped the Fortune magazine list of most-admired banks in the world for the second year in a row. Are the bank’s admirers living in some parallel universe where black marks just don’t register?

Joe Evangelisti, a spokesman for JPMorgan, declined to comment.

At least some of the goodwill toward JPMorgan exists because when it comes to controversy, the bank is a master at spin. At a black-tie gala at New York’s over-the-top restaurant Cipriani Wall Street on March 19, Dimon landed first prize for “Best IR by a CEO or chairman” at the IR Magazine Awards, aka “the industry’s most prestigious and coveted awards that honor leading companies and professionals in investor relations.” A second award to JPMorgan specifically cited the bank for its bang-up job at crisis management.

To win a prize for crisis management, of course, you need to be in a crisis, but that doesn’t seem to sway supporters of the bank or its CEO, who make what sounds like a reasonable argument: JPMorgan is making money, which makes shareholders happy and keeps the board off Dimon’s back. So what’s not to like?

Amar Bhide, a professor of international business at Tufts University’s Fletcher School of Law and Diplomacy, has done some thinking about that question, and said JPMorgan and its competitors are making too much of their money with taxpayer support.

“From the point of view of shareholders, Dimon is not doing a terrible job,” Bhide said. “One could take the extreme point of view and say that you want these people to gamble because they are gambling with the public’s money. If you are a stockholder, you get a nearly free ride, so why not?”

Taxpayer Backing

Banks and their investors know that there’s an implicit backstop — a taxpayer bailout — that will kick in during the worst-case scenario of a financial-system meltdown. Dimon actually endorses the idea of a resolution authority that would wind down failing banks, which sounds great as far as it goes.

But the “savvy leader of the world’s most important bank,” as Barron’s calls him, wants JPMorgan to be able to get bigger and to serve more global clients. How do you force countries outside of the U.S. to comply with another country’s resolution authority? In his letter to shareholders last year, Dimon said that close cooperation would be “required by multiple regulators.”

Sydney Finkelstein, a management professor at the Tuck School of Business at Dartmouth College, says a resolution plan isn’t enough and that banks need to be broken up. The U.S.’s biggest banks are too unwieldy for anyone to manage, he said.

Which takes us back to that $6.2 billion loss springing from the London Whale trades.

Some of JPMorgan’s problems are a lot like the problems of its competitors. Banks are peddling products that sometimes are only understood by a small club of physicists who used to work at places such as NASA before rocket science became the new profit driver at banks.

But I digress. Our banks are selling stuff that top management can’t keep tabs on, and it’s putting the financial system at risk. Even Dimon showed he was at a loss to explain the Whale blowup when he made his reference to a tempest in a teapot.

JPMorgan’s CEO has another problem: that enormous tab the bank has run up to settle cases with regulators and litigants. In a March 12 report titled “JPMorgan Chase: Out of Control,” Rosner, the Graham Fisher analyst, wrote that he couldn’t find another U.S. bank with such big settlement outlays.

JPMorgan is a master at racking up PR points when it’s boasting about things such as its “fortress balance sheet.” But it has been able to dodge setbacks when it breaks the rules. You have to wonder whether, at some point, it might catch up with the world’s most-admired bank and its magazine-cover CEO.

2013 CT Press Club Award

I’m honored to have heard from the Connecticut Press Club tonight that my Bloomberg View columns from 2012 won first prize in the Personal Opinion Category. You can read the winning columns here and here.

Are you a lowly Main Street investor? Well, nobody cares what you think about financial reform

It’s never a great time to be a lowly member of the investing public looking for protection from the sharks of finance. But today? Well, try to lower your expectations a tad more.

Deep-pocketed banks are dominating the process of writing the new financial rules mandated by the Dodd-Frank Act. It isn’t that there’s nobody advocating for small investors. It’s just that the few organizations that make a case for the public are outgunned by the well-funded financial industry.

“Despite a significant expansion in the number of foot soldiers out there working in the public interest on these financial issues, we are still completely overwhelmed by the industry lobbyists,” Dennis Kelleher, chief executive officer of Better Markets, told me.

I wrote about the lopsided battle to influence the new financial rules in my Bloomberg View column tonight. You can read it here.

 

 

Hate Follows When the Police Try to Do Their Job


This article originally appeared in Bloomberg View on March 7th, 2013.

It’s a lousier time than usual to be a lowly member of the investing public looking for protection from the sharks of finance.

Deep-pocketed banks are dominating the process of writing the new financial rules mandated by the Dodd-Frank Act, dwarfing the efforts of investor advocates looking to rein in the banks.

At the Securities and Exchange Commission, which is charged with protecting investors, lawbreakers can cut sweet deals for exemptions from punishments before the ink is dry on their settlement papers.

Efforts to help everyday investors, in the meantime, can wind up taking a back seat. Dodd-Frank, signed into law in July 2010, required the SEC to establish and staff an Office of the Investor Advocate. More than 2 1/2 years later, the project is stuck on the agency’s to-do list.

“There’s a basic resistance to seeing things from the investor point of view,” said Barbara Roper, director of investor protection at the Consumer Federation of America. “It all goes back to the same thing — the degree to which the industry dominates this whole conversation.”

It’s a cultural problem as Roper sees it: Regulators and the regulated operate in a setting where people with the same pedigree move back and forth between government and private-sector jobs and outside views carry little weight. SEC spokesman Kevin Callahan said in an e-mail that investor protection is at the core of all the agency’s actions, and that until an investor advocate is appointed, existing SEC offices are performing the roles required by Dodd-Frank.

Old Acquaintance

A study released last month by the Project on Government Oversight, a nonprofit watchdog group, stirred up a discussion about the revolving door of lawyers who alternate between government and industry, where they defend banks and brokers. Sorting through documents filed by 419 SEC alumni who had recently left the agency, the Project found 2,000 cases in which alumni planned to represent a client or an employer before the SEC between 2001 and 2010.

That’s a lot of meetings among lawyers who used to work down the hall from one another, but who now — officially, anyway — are adversaries. In the view of SEC critics, it is part of the clubby state of affairs that pushes government watchdogs and banks to see things the same way. Callahan said that the U.S. Government Accountability Office studied the revolving-door issue and concluded that the SEC’s controls were as strong as those of other government agencies. What a relief.

The public’s concern that regulators “are on the same team or focused in the same way as the entities they are supposed to be regulating” is a valid one, New York University Law School professor Rachel Barkow said on a panel at the New York City Bar Association last month. If more of an effort were made to have representatives of consumers at agencies, “you might have a more proactive movement right now to break some of the big banks up,” she said.

For now, the banks throw their weight around. To get an idea of just how much access bankers get to regulators, consider the calculations that Duke University law professor Kimberly Krawiec and Duke lecturing fellow Guangya Liu recently completed. Krawiec and Liu tallied up all the meetings that the Treasury Department, the Commodity Futures Trading Commission, the SEC, the Federal Reserve and the Federal Deposit Insurance Corp. had with various constituencies between October 2011 and December 2012 to discuss the Volcker rule.

Industry Outguns

Public interest groups such as Americans for Financial Reform and Better Markets had 64 meetings with the regulators. The financial industry and its representatives: 551.

Those sit-down meetings “are where the real work is taking place,” Krawiec says. “And the meetings were almost completely dominated by financial firms, their trade groups and their law firms.”

Regulators aren’t turning away public-interest groups that ask for meetings. It’s just that the financial industry has such vast resources that it overpowers the conversation. “Despite a significant expansion in the number of foot soldiers out there working in the public interest on these financial issues, we are still completely overwhelmed by the industry lobbyists,” said Dennis Kelleher, chief executive officer of Better Markets.

It won’t make it any easier to push for reform if the stock market keeps hitting new highs, which inevitably will cause memories of the crisis to fade.

NYU’s Barkow suggested that regulators seek out people from different backgrounds to fill consumer-advocate positions that would carry clout in policy disputes.

There actually is a government agency that has gone out of its way to get diverse views. It is reviled by the banking industry and is under attack by politicians who want to diminish its independence and prevent it from carrying out its mandate. The Consumer Financial Protection Bureau has a consumer advisory board that includes 13 female and 12 male members, four of whom are Hispanic. They have backgrounds in public policy, housing, retirement advocacy and academia.

Compare that to the SEC’s investor advisory committee, which does include Roper and other investor-friendly members but also has two hedge-fund officials, a private-equity executive, a venture capital guy and a director from the Bush Institute, a public policy research group founded by former President George W. Bush and his wife, Laura. The board of governors at the Financial Industry Regulatory Authority relegates two of its “public” seats to retired securities industry officials.

You don’t hear any drums beating to shut Finra or to reduce the SEC’s independence. Show me a financial regulator with real independence and input from diverse voices, and I’ll show you a sitting duck for vicious attacks.

Don’t Skewer Sheryl Sandberg

There’s a lot of work to be done between here and equality for women. Rich women in good jobs have one set of problems and poor women have another. Women with children pile on a whole new set of challenges. And women most anywhere can tell you there’s still discrimination that needs to be fixed in the workplace.

So why do critics expect that Sheryl Sandberg, the chief operating officer at Facebook, would be able to solve every problem that women face in one book? I review Sandberg’s “Lean In: Women, Work and the Will To Lead” for Bloomberg Muse today. You can read it here.

Antilla columns get Commentary award

The Society of American Business Editors and Writers (SABEW) announced winners of its “Best in Business” journalism awards today. I’m honored to be on the list for my 2012 columns for Bloomberg View. You can see a list of all the winners here.

From the judges: “Susan Antilla’s sharp-edged commentaries give no quarter to those who mistreat investors or to the meek regulators who let offenders off easy. Her writing is crisp and eviscerating — two powerful traits when it comes to sharing opinions. Antilla demonstrates a shrewd understanding of the financial industry and its unsteady interaction with the federal government.”

Getting a little vertigo from the regulatory revolving door?

There’s been a lot of attention to the government-to-private practice “revolving door” since President Barack Obama nominated white-collar defense lawyer Mary Jo White to be chairman of the Securities and Exchange Commission.

Investor advocates say we should be worried when lawyers shuffle back and forth between jobs as regulators and lucrative spots defending banks and brokerage firms. But the lawyers who move in and out of government jobs say they can handle the conflicts just fine.

The New York City Bar Association had a panel to discuss “The Financial Crisis and the Regulatory Revolving Door” on Feb. 12 and moderator Scott Cohn of CNBC posed the question “Which is it?” Is it spinning out of control or is it non-existent?”

I was one of the six panelists, and cited a few gems from a just-released report by The Project on Government Oversight (POGO) that illustrated the close connection between the SEC and its alumni who’d moved on to represent the institutions the SEC regulates.

In an item about the panel on Feb. 19, POGO said “White’s nomination highlights the challenge that the SEC and many agencies face when senior officials have tangled ties to the industry they’re supposed to be regulating.” You can read the POGO post here.

I wrote about Mary Jo White’s conflicts in a recent column for Bloomberg View.

Your thoughts on the debate? Let me know at @antillaview or susan.antilla15@gmail.com.