News that Barclays Bank has been fined for LIBOR manipulation in both the UK and in the US, and that there are likely to be many more similar cases from other banks to come,
just adds to the increasing evidence of a lack of moral leadership in our
primary institutions. It’s not just that
illegality occurs, but that it appears to occur in a moral vacuum where the
participants are happily and openly engaged in behavior which is corrosive to good
society.
This isn’t just a problem in the financial industry, we’ve
seen plenty of examples in other areas – in the media, in our legislators –
where rank and file staffers mindlessly operate in a morally ambivalent bubble,
without even attempting to hide their actions.
This doesn’t happen by accident, it comes from the top, and the buck
needs to stop with those who permit these festering cultures to survive.
The Eyes Have It
There’s a famous experiment with an honesty box that
demonstrates the importance of moral oversight to us. Conducted by Melissa Bateson, Daniel Nettle
and Gilbert Roberts, in Cues of Being Watched Enhance Cooperation in a Real-World Setting:
“We examined the effect of an image of a pair of eyes on contributions to an honesty box used to collect money for drinks in a university coffee room. People paid nearly three times as much for their drinks when eyes were displayed rather than a control image.”
In fact, as Dan Airely has shown, we’re nowhere near as
honest as we’d like to think we are. In
the research we looked at in Gaming the System, he showed that people will
systematically cheat if we think we can get away with it.
Moreover, more powerful people are less honest than others,
because they seem to think the rules don’t apply to them (see: Game On: Basel III). Similar effects seem to apply to wealthier
people (see: Born Rich, Born Greedy). Of
course, it’s not pleasant, and we engage in all sorts of convoluted reasoning
to justify our immorality, but the facts are the facts: we lie and we cheat
when we think we think we can get away with it.
Honest Immorality
The immediate issue for Barclays, and all of the other banks under
investigation in both the US and the UK, is that LIBOR is used to set other
rates – so artificially manipulating it is tantamount to defrauding
customers. One senses a very nasty
class action case on the horizon.
However, perhaps the more worrying aspect of this is that the deliberate
practice of reporting less borrowing at lower rates masks signals to the market
about levels of bank stress. Back in
2007 and 2008 Barclays senior executives were adamant that the bank was
financially sound: had the true extent of its borrowing strains been known that
might not have been true, such was the fever of the time.
What’s truly extraordinary about these revelations is that the
people involved in this gross and illegal manipulation were completely open
about it. There was no attempt to hide
what was going on, which implies that the culture of the organisations involved
had lost sight of the difference between right and wrong in the quest to
maximize shareholder value (see: Greed’s Not Good For Shareholders). No doubt incentivisation-led bias was implicated, but such problems only become endemic when the culture permits it; otherwise it's just one-off fraud.
Poisonous Cultures
This isn’t the first time we’ve seen this type of
problem. In the US legislators
apparently couldn’t see anything wrong in trading on inside information about the rules they were intending to set.
Hedge fund managers couldn’t see what was wrong in making a quick billion bucks or so on insider dealing, done in the most blatant way.
In the UK we’ve had two further, extraordinary, examples of
how corporate cultures can poison morality.
Firstly we had the remarkable revelations that the UK’s legislators were
routinely fabricating expenses claims – an action that had seen people in other
walks of life regularly sent to prison.
The initial reaction of many parliamentarians to be held to the
standards of the laws that they had themselves set was outrage. Even now there’s simmering resentment at the
treatment they received. Some went to
prison, others had their careers terminated, others were held up to ridicule –
yet many of them couldn’t see that they were doing anything wrong.
Phoney
Then there’s the phone hacking scandal, in which UK
journalists regularly hacked into the voice mail accounts of various
celebrities, despite this being a clear breach of the UK’s privacy laws. This went on for years, with only a few token
prosecutions until the news broke that the phone of a young girl
who’d been abducted and murdered had also been hacked by journalists
working for Rupert Murdoch’s News International.
The resultant fallout has seen Murdoch hauled in front of
parliament, his bid for control of the UK’s satellite broadcaster blocked, his
son resign his UK directorships and the closure of the salacious News of the
World newspaper responsible for the hack.
The police investigation is ongoing, with the list of people allegedly involved in
either hacking or covering up the hacking growing by the day. There’s now even an investigation into the
original police investigation which appears to have been conducted along the
lines of someone asking News International if they’d done anything wrong, and
News International saying they hadn't. Another triumph of investigative policing.
Moral Disengagement
In all of these cases we have clear examples of illegal
behavior being conducted openly by people who clearly didn’t feel they were
doing anything wrong. This process is
part of what Albert Bandura calls moral disengagement, where people manage to distance themselves morally from their own actions. This behavior is morally corrosive
but can only occur on a wide scale if organizational leadership closes its
eyes to it (see: Euphemisms for Morally Disengaged Managers). The morality of organizations is set from the
top so the evidence we’ve seen that powerful, rich and socially privileged people tend to
be more morally ambivalent isn’t a good starting point.
In recent times we’ve seen a variety of problems with our
banks with what appear to be one-off failures of risk control. These aren't an issue of morality, but the outcome of a series
of mistakes of judgement: such mistakes if admitted and fixed should yield a
better and safer corporation. We tend to
fire people who admit mistakes but we shouldn’t, we should put them on
probation to make sure they don’t repeat them.
On the other hand, events like LIBOR fixing appear to have been
culturally accepted and mediated. It
doesn’t matter that there won’t be a smoking gun showing that senior executives
approved these practices, that’s not the point.
The point is that the ethics of corporate cultures are set from the top
and that’s where the buck stops.
End the La-La-La Defence
You cannot legislate for moral behavior, but you can make
sure that everyone knows what’s right, and what’s not, and set an example. If, as a leader, instead of posting a pair of
open eyes above every employee’s station you ensure that you avert your gaze,
stick your fingers in your ears and sing “la, la, la” very loudly you shouldn’t
be able to escape your responsibility.
Moral leadership should be a fundamental requirement of our
leaders, whether they be politicans or businessmen. The alternative is corrosive of trust, and
when trust fails so does the basis of capitalist society. Leaders who fail this test should resign or be
forced from office. They have forfeited their
right to lead.
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I doubt the "quest for shareholder value" is at all relevant to this. It would be quite altruistic of an investment banker to care about some societal abstraction ("shareholders") rather than their own individual value which is only tangentially if at all related to shareholder value -- even if part of their "compensation" is paid in shares or derivatives, maximising that is not as such particularly aligned with broad shareholder interests, because they just need to manage their own entry/exit price.
ReplyDelete"Shareholder value" is like the "customer is king" thing, a marketing ritual. Very few people who articulate it actually care or believe in it, other than instrumentally when they think it helps reach other aims (and perhaps rightly so, on its own it's a rather pointless endeavour).
As for capitalism being built on trust, that's debatable: intrinsic societal trust may have survived despite an economic system whose natural forces tend to erode it. It could be that ultimately you can have a trust-based society, or a capitalist economy, but not both at the same time.
Great Article guys, have thoroughly enjoyed the behavioural analysis of world events - a good read.
ReplyDeleteI had a look at the LIBOR scandal from the behavioural point of view http://1percentblog.com/who-do-we-blame/
I believe that the theory of deindividuation plays a role here as when everyone you know is doing the same thing and especially for such a long period of time (10+ years!) it is easy to legitimize your action as legal