Tackling Symptoms and Ignoring Sources
I'm not going to sugar coat it─the transcripts from the London Interbank Offered Rate (Libor) fixing indictments, and other rate-related cases, make for appalling reading. The open corruption on display is, frankly, disgraceful, and anyone who says otherwise either hasn't read them, or must be paid to say so.
The central lynchpin for a lot of these cases rested on communication logs from popular chat used by traders in banks and brokerage houses, and without them, while the cases would still have been prosecuted successfully in most instances, they probably wouldn't have been quite so damning. The understandable knee-jerk reaction from the banks, therefore, is to ban their use altogether. This is more a case of attacking the runny nose, though, rather than the virus that caused it.
I've covered the areas of market surveillance and compliance extensively in the years that I've been a staff journalist at Waters, and if there's one common thread that runs through nearly every conversation on the topic, it's one of culture. On the sinister, Orwellian end of the scale, some say that a culture where you know that you're being watched will change your behavior, and at the very least mitigate the likelihood of widespread fraud taking place.
I've never, personally, believed that to be the case. While the initial implementation may frighten employees into not saying a word out of line, after a while, routine takes over and human independence naturally asserts itself. As an example, for those of you who read this column but don't work in such a heavily monitored environment as a bank trading floor─how many times per week do you break your company's IT policy, knowingly? Without meaning to invite disciplinary and censure from my senior editors, I certainly do, whether that's checking Facebook during down moments, or sending an e-mail to my mum through my company address, or printing out the occasional coach ticket.
It's a far different end of the scale, but the essence of the argument is the same. After a while, you pretty much forget that you're being watched, even if subconsciously you do know it. I suspect that psychological reason, more than anything else, is the answer to why these chat records even exist in the first place.
Effective culture and the avoidance of fraudulent behavior is engendered in an environment where everyone understands the rules, and the reasons behind them.
Culture Vulture
The point here is that you can have the most overarching surveillance possible, but that doesn't put a culture in place, it puts a regime there. Culture comes from belief in the way in which things are accomplished, not the achievement of goals because you do what you're told to.
And this is why the banning of chat rooms, outside of an instant reduction in possible liability and record on the part of the banks, seems peculiar. Effective culture and the avoidance of fraudulent behavior are engendered in an environment where everyone understands the rules, and the reasons behind them. The true spirit of compliance, therefore, is fostered when education, rather than sanction, is the preferred means of enforcement.
Banning chat removes a tool that is actually useful for traders, and sure, it removes a weapon from the arsenal of regulators when it comes to future action. But it doesn't get to grips with why rate-rigging activities took place to begin with. For that, a deeper look inwards, rather than outwards, is necessary.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@waterstechnology.com or view our subscription options here: https://subscriptions.waterstechnology.com/subscribe
You are currently unable to print this content. Please contact info@waterstechnology.com to find out more.
You are currently unable to copy this content. Please contact info@waterstechnology.com to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@waterstechnology.com
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@waterstechnology.com
More on Trading Tech
On vibe coding, no/low-code dev, and some potential misconceptions
The Waters Wrap: Is no-code/low-code even a thing anymore? Not really. But the companies that championed those terms just a few years ago tell Anthony they aren’t going anywhere.
SEC gunning to take over CAT in 2027
Chairman Atkins has plans for the SEC to run the Consolidated Audit Trail directly. Industry participants are split on the idea.
Rapid-fire repo raises hopes of cheaper, faster trading
Tokenized Treasuries piloted by DTCC could squash settlement cycles and enable 24/7 repo.
Stopgaps and fail-safes: How trading vendors guard against rogue AI agents
TradeStation’s newest trading tool, Titan-X, uses agentic tools to help plan, execute, and collect data on trades.
A tidal wave of token costs threatens landfall
Budgeting for AI was never “easy,” but as financial firms rely more heavily on agents, soaring token usage is forcing them to rethink the economics of modern enterprise AI.
Is this tokenization’s golden opportunity?
The Waters Wrap: More initiatives around tokenizing assets are coming to fruition. Nyela asks: Is the market ready?
EuroCTP wins again, Fanatics teams up with BGC, Clarity Act’s uncertain future, and more
The Waters Cooler: A recap of the major tech and data news from the past week in the capital markets.
ICE buys MarketAxess to create ‘common rails’ for fixed income
The deal, which is expected to close early next year, will further establish ICE in the fixed-income market.