absolute power corrupts absolutely, Our Canadian Banks

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Re: absolute power corrupts absolutely, Our Canadian Banks

Postby admin » Mon Jul 26, 2010 7:41 am

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The dangers of taking investment advice from your bank
By Ian Rose and Andy Verity
BBC Two, Money Watch

http://www.bbc.co.uk/news/business-10604367

Sue Murton lost £17,000 after investing her life-savings in a fund recommended by her bank
Interest rates for savers are at their lowest levels in history, so many people are turning to investment funds to get their money to work harder.

The problem is they are taking advice from their High Street banks and, in some instances, they are not getting advice that is suitable for them.

Sue Murton, from Aldeburgh, is among hundreds of customers who have complained to the Financial Services Ombudsman, after receiving poor advice from in-branch advisers which led to them losing large chunks of their life savings.

Sue wanted to boost returns from her savings because, like millions of others, she was receiving poor interest rates that meant her money was shrinking against inflation.

Risky investing

Sue was looking for a "cautious-to-medium" risk investment and was advised by Barclays to put £50,000 into a so-called "Balanced Fund", believing it to be matched to her relative unwillingness to take big risks - a key requirement for correct financial advice.

However, within months, she had lost £17,000.

"It's certainly not given me the nice comfy, cosy retirement that I was hoping for. I'm furious and I'm bitter," Sue says.

Continue reading the main story

Start Quote

The sales people involved were maximising their sales by selling existing investments and moving them… simply to increase the commission”

Richard Davis
Independent financial adviser
"The fund was a newly launched fund with 60% in stocks and shares, which are notoriously volatile," says Richard Davis, an independent financial adviser, who is campaigning for compensation for dozens of Barclays customers.

"The other 40% was in junk bonds and exotic financial instruments, all of which you would not expect to find in the portfolio of someone entering retirement."

Sue Murton's claim for adequate compensation was resisted by Barclays, despite two rulings in her favour by the Financial Ombudsman.

After the BBC got in touch with Barclays, and the Ombudsman made his final decision in Sue's favour, Barclays finally paid her a compensation cheque for the full amount of money she lost.

"Outrageous" tactics

In the Financial Service Ombudsman's most recent report, Barclays Bank attracted more complaints about its investment business than any other bank brand on the High Street.

In some cases, it has accepted the validity of the complaints, but it is resisting compensation claims from others.

Heather Spicer, aged 83, says she was pressured into taking a financial advice session by staff at Barclays in Colchester.


Barclays had more complaints than any other bank
Heather felt harassed after being asked repeatedly by Barclays branch staff if she wanted financial advice, prompted by the large sum she was keeping on deposit which she inherited after her husband died.

"This is the money I had put aside for myself when I would need it. For care, hospital. All that sort of thing," she says.

Barclays staff advised her to put more than £100,000 into what was described as a "cautious" fund, where it quickly lost £40,000.

"Heather's case, frankly, was outrageous," Mr Davis says. "She was churned out of investments that she'd held for many years.

"To move her into a riskier investment environment was simply unconscionable.

"It began to become clear that the sales people involved were maximising their sales by selling existing investments and moving them… without due justification, but simply to increase the commission available to them," he adds.

Heather Spicer threatened Barclays with a complaint to the Ombudsman and the bank eventually paid her compensation.

Industry standards

Consumer group Which? has highlighted inadequacies in the financial advice given at High Street bank branches.

In a recent mystery shopping exercise to test whether the banks were giving good or bad financial advice, it conducted visits to 37 branches and was given the correct advice in only four of them.

Which? told Money Watch that the standard of advice in banks and building societies on the High Street was not up to scratch and customers should stay clear of them.

The British Bankers Association told Money Watch that financial advisers could only work with the information customers gave them.

Barclays says its advisers are not incentivised to sell any particular products and it has extensive controls in place to ensure a high standard of service.

How to beat tough times: Money Watch, BBC Two, 2000, Wednesday 21 July.
http://www.bbc.co.uk/news/business-10604367

(advocate comments........all truth goes through three stages, first it is ridiculed, second it is violently attacked, and third it becomes self evident.......Canada still views its own banking industry as being "above examination" while stealing the larger part of the wealth of the country with it's oligopoly powers. Britain, Australia, USA and others are miles and years ahead of Canada. Financial abuse and molestation by money pros here in Canada is standard industry practice.)
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Re: absolute power corrupts absolutely, Our Canadian Banks

Postby admin » Mon Aug 16, 2010 8:32 pm

Jim Middlemiss, Financial Post · Wednesday, Aug. 11, 2010

Canadian Imperial Bank of Commerce breached Canadian accounting standards by failing to properly disclose its exposure to
subprime mortgages, says expert testimony filed in Canada's biggest lawsuit to stem from the credit crisis.

Gordon Richardson, the KPMG professor of accounting at the Rotman School of Management in Toronto and a PhD, writes in his 65- page review of the bank's subprime disclosure that "CIBC failed to comply with GAAP disclosure requirements ... and the information provided to pertaining credit risk was, prior to December 6, 2007, wholly misleading to the market in general and to class members who invested in CIBC."

The lawsuit covers the period of May 31, 2007 to Feb. 28, 2008, a tumultuous period in the capital markets when credit started freezing up and investment firms scrambled to understand their exposure to subprime investments.
Mr. Richardson said, "CIBC substantially overstated its income for the last three quarters of fiscal 2007 and the first quarter of 2008 and income for these periods should be restated in order to comply with GAAP." The overstatement resulted from "indefensible assumptions" related to its hedge fund exposure.

A second expert witness report from a noted securities valuation firm in the United States pegs CIBC investor losses at a maximum of $6.6-billion.
The filings are made in preparation for the mammoth class-action suit, which is expected to come before the Ontario Superior Court for certification in March 2011.
CIBC spokesman Rob Mc-Leod said, "CIBC denies these allegations and plans to vigorously defend this action. CIBC is confident that, at all times, its conduct was appropriate and that its disclosure met applicable requirements." The bank is expected to file its response by the end of August.

Joel Rochon, who is representing Thornhill, Ont., investor Howard Green in the lawsuit, which was filed on July 22, 2008, declined to comment on the expert testimony reports.
The lawsuit claims CIBC misrepresented the bank's exposure to subprime investments and failed to implement appropriate risk-
CIBC should restate earnings: expert Page 1 of 2
http://www.nationalpost.com/todays-pape ... rt/33833... 11/08/2010
management controls related to billions of dollars in investments in collateralized debt obligations and U.S. subprime mortgages. A similar investor lawsuit in the United States covering CIBC disclosures between May 2007 to May 2008 was dismissed in March.
Judge William Pauley of the Manhattan Federal Court wrote, "CIBC, like so many other institutions, could not have been expected to anticipate the crisis with the accuracy [the] plaintiff enjoys in hindsight."

However, the laws between the two countries differ and CIBC is being sued in Canada under a new section of the Ontario Securities Act, which makes it easier for investors to sue corporations for misrepresentations. An investor class action against Imax Corp. over disclosure about the status of theatre construction was certified by an Ontario judge in February.
Mr. Richardson's extensive report examined CIBC's exposure to various tranches of subprime residential mortgage-backed securities and collateralized debt obligations tied to subprime mortgages, including its hedged and unhedged position.

He makes some damning conclusions.

"In a nutshell, investors needed to be told by no later than April 30, 2007 that CIBC's maximum exposure to credit risk was $11.4- billion. Instead CIBC misled its shareholders by remaining silent and by misstating and minimizing its exposure." He writes that it wasn't until Dec. 6, 2007 that the bank "stunned the investment community" and revealed the $11.4-billion exposure.
He said based on the TABX and ABX indexes, which tracked the value of credit default swaps tied to subprime mortgage bonds, the bank should have realized that its main $3.5-billion hedge with counterparty ACA Financial was in trouble. "CIBC had to have known that its hedge of $3.5-billion with ACA had collapsed by April 30, 2007 and by no later than July 2007."
He said that should have resulted in fair value writedowns of $769-million, $2.38-billion and $3.82-billion for the second and third quarters of fiscal 2007 versus the $273-million and $747-million hit the bank declared.

He examined two other hedges involving XL Capital and FGIC Corp. and concluded that "CIBC should have recorded cumulative U.S. subprime fair value writedowns between $6.54-billion and $6.95-billion by the end of the first [fiscal] quarter of 2008, rather than the $4.14-billion cumulative U.S. subprime write own it did take.... "

While the CIBC suit is one of the few pieces of subprime litigation in Canada, in the United States there have been more than 400 lawsuits filed in federal courts related to the credit crisis, according to NERA Economic consulting, which tracks such suits.
Elaine Buckberg, a senior vice-president at NERA in New York, said her firm has identified 74 cases relating to collateral debt obligations, 10 of which were filed in 2010 and the others filed between 2007 and 2009.

Overall, U.S. credit crisis lawsuits have resulted in US$2.1-billion in settlements involving a number of parties. Mortgage lender Countrywide Financial Corp. agreed to pay US$600-million to shareholders who accused it of misleading investors about its lending practices. Mortgage loan originator New Century Financial settled with investors for $125-million. Merrill Lynch settled its subprime litigation for $475-million. Charles Schwab paid out $225-million over allegations of misrepresentation related to one of its mutual funds.

It isn't the first investor class action CIBC has been at the centre of. In 2005, it settled a claim by Enron Corp. shareholders for US$2.4-billion.
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