Who Wants To Be a Compliance Officer?!

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BrokerDealer.com blog update courtesy of extract from WSJ’s “The Most Thankless Job on Wall Street” by reporter Emily Glazer, with sub title courtesy of our inhouse curator: “Who really wants to be a compliance officer?!”

Those officers on Wall Street in charge of ensuring that traders and other employees stay on the right side of laws and regulations are increasingly in the cross hairs themselves. And, not in the context of traders aiming spitballs at the compliance cops whose job, according to traders and sales/traders is to (i) be annoying by blocking every move, including the one to the restroom (ii) pretend they are cops, because they couldn’t pass the local police dept application exam (iii) have an opinion about the nuance within every email or chat message.

Several recent enforcement actions found compliance officers personally liable for mistakes within their firms. Meanwhile, New York’s principal financial regulator, backed by New York Gov. Andrew Cuomo, wants the power to seek criminal charges against compliance officers in some cases.

Compliance officers are “shaking in their boots,” said Carrie Mandel, a member of recruiter Spencer Stuart’s legal, compliance and regulatory practice. She is among a number of recruiters, lawyers and executives who say the heightened accountability is driving experienced people to be more cautious about the profession and making it difficult for banks to find replacements.

Around three dozen senior bank-compliance executives left their jobs in 2015, three times the number of a year earlier, said Daniel Solo, a managing director at recruiter Sheffield Haworth. Most of those were in positions overseeing anti-money laundering or financial crime, he said.

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Compliance officers say they feel unfairly singled out. ​

“It’s easier for firms to give up their compliance officer, because what are they going to do, give up the CEO?” asked a compliance officer who has worked for large U.S. and foreign banks.

​Since the financial crisis, banks have hired compliance officers by the thousands to address internal issues that led to massive fines. They are also often responsible for getting banks to adapt to the flood of new regulations in recent years.

While industry-wide figures aren’t available, many banks have touted their investment in this area: J.P. Morgan Chase & Co., the country’s biggest bank by assets, said in its annual CEO shareholder letter in April that the firm added 8,000 compliance employees.

When Goldman Sachs Group Inc. recently said it had increased its head count by 8% to 36,800 in 2015, the firm cited compliance as the main area of growth.

To keep reading Emily Glazer’s column, click here

The demand for qualified people is driving up salaries, with chief compliance officers at some large banks earning more than $2 million a year, according to recruiters and compliance executives. Specialists in anti-money laundering executives can earn more than $600,000.

Regulators are also focusing on who the compliance executives report to. The Office of the Comptroller of the Currency recently told some big banks that it doesn’t want the compliance officers to report to executives who run businesses directly, people familiar with the matter said.

The idea is to give compliance officers more independence from those executives who help set policies and manage people in the field.

At J.P. Morgan, the chief compliance officer may begin reporting this year to the chief risk officer or another executive, instead of the chief operating officer, people familiar with the matter said.

Regulators increasingly want to make sure compliance officers aren’t merely rubber-stamping bank decisions and that there are penalties in place when the executives willfully overlook bad behavior or fail to see it through monitoring systems they have signed off on.

In a November speech before the National Society of Compliance Professionals, Andrew Ceresney, director of the SEC’s Enforcement Division, said the agency sees itself as being on the same side as compliance officials in terms of being watchdogs for potential wrongdoing.

He said he was aware of the concern within the industry over the recent enforcement actions but stressed that the agency brought cases “only when the conduct crossed a clear line.”

In April 2015, the SEC fined  Bartholomew A. Battista, chief compliance officer at BlackRock Advisors LLC, $60,000 for failing to report a conflict of interest involving one of the firm’s executives, according to the SEC. The executive invested $50 million of his money in a family-owned energy company, which became a joint venture with another company that was a major holding in a fund he managed, an arrangement the SEC said was a breach of fiduciary duty. Mr. Battista was aware of the conflict and didn’t report it.

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The penalty was the agency’s first under a 2003 rule allowing it to hold compliance officers liable for such mistakes. Mr. Battista and BlackRock neither admitted nor denied wrongdoing.

That case, along with a similar action in June involving another firm that the SEC disclosed, prompted then-SEC commissioner Daniel Gallagher to write the only dissent of an enforcement action in his four-year tenure.

Mr. Gallagher, a Republican, wrote that the agency “should strive to avoid the perverse incentives that will naturally flow” from targeting the officers who are on the front lines in preventing wrongdoing. He said the SEC “seems to be cutting off the noses of [chief compliance officers] to spite its face.” Mr. Gallagher left the agency in October. ​

Other regulators, including the Financial Industry Regulatory Authority and the Treasury Department’s Financial Crimes Enforcement Network, have taken actions against compliance officers in the last two years.

In response, some executives are increasingly seeking their own lawyers, asking for more protection in employee contracts and requesting banks pay for liability insurance coverage, said Richard Marshall, a partner at Katten Muchin Rosenman LLP who has represented compliance officers.

The issue could come to a head soon.

The proposed rules by New York’s Department of Financial Services, which regulates some of the world’s largest banks, would require compliance officers to certify bank systems for monitoring suspicious transactions that violate U.S. economic sanctions and other rules.

The Ticker Licker-BrokerDealer Market Data Tool

investexcel.net

BrokerDealers, as well as the global universe of  “Wall Street Quant Jocks” who depend on running macros to back test, filter and finesse equities, options, and futures-related trading strategies via .xls should want to interrogate the assortment of tools developed by the folks at InvestExcel.net . Our ‘fav’ of the week is what we call the “Ticker Licker”, provided as courtesy for a 3rd party  project that called for mapping ticker symbols to a master securities.

Many of the applications courtesy of InvestExcel will need to be sanity-checked for accuracy, but premium services from the company are available. Our database development team here at BrokerDealer.com are happy to endorse this product!

London Brokers Acquited in Libor Trial

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(FT.com) Five broker-dealers accused of conspiring with Tom Hayes to manipulate the Libor benchmark have been found not guilty in a London court, in a major setback for the UK’s Serious Fraud Office.

The brokers – Danny Wilkinson and Colin Goodman from ICAP, Noel Cryan from Tullett Prebon and RP Martin’s Jim Gilmour and Terry Farr – stood trial at London’s Southwark Crown Court for about 15 weeks in the SFO’s prosecution over alleged efforts at Libor manipulation. The jury is still considering one count against Darrell Read from ICAP.

Mr Hayes was found guilty of rigging Libor last August, and sentenced to 14 years in prison, though that sentence was later reduced.

Prosecutors alleged the men acted as go-betweens by passing along requests between traders for what number the rate should be set at on a given day. The SFO also alleged that Mr Goodman, in his daily emails, would suggest where he thought Libor would be set that day, and would alter the figure to appease Mr Hayes’s requests.

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The prosecution also alleged that the brokers, with nicknames such as “Big Nose,” “Lord Libor” and “Sarge,” were rewarded by Mr Hayes, one of their biggest clients because of the volume of trading he conducted, with extra commission for their help.

Financial Advisors and Social Media

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(InvestmentNews.com)-Google “New York wealth adviser” and David Edwards’ Heron Financial Group is one of the first firms to pop up, due in part to his early and dedicated approach to social media.

The advisory firm founder posts market commentaries, photos from conferences and other information on Facebook, LinkedIn, Twitter and the firm’s YouTube channel. Many of the posts are linked between the platforms and lead visitors back to the firm’s website.

“The breadth of information from us and about us on social media enables someone to go from curious to prospect to client in a short time frame,” said Mr. Edwards, who founded Heron Financial Group in 1993.

Advisers shouldn’t be afraid to jump on social media and see what works, he said. Through trial and error, advisers can evaluate which of the sites their clients and prospects are on and what topics garner the most interest, or “clicks.” Mr. Edwards directly asks for feedback about what followers do or do not like.

POLO AND SAILBOATS

He found publishing on WordPress to be fruitless, and believes not enough of his clients or prospects use Google Plus to invest the time in figuring that one out.

On the sites Mr. Edwards does frequent, he has found that posts with photos of people, such as smiling clients at a polo match or sailing on Mr. Edwards’ sailboat, generate a lot of attention.

Though social media is not expensive, advisers have to recognize it requires a time commitment. Mr. Edwards said he spends about an hour a day writing for and interacting through social media. It was an even bigger time-commitment just starting out.

Heron Financial Group‘s social media focus has helped position Mr. Edwards as an expert on particular issues, and has generated media attention for the firm, which saw its assets under management grow about 20% last year, to $205 million.

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David Edwards

The direct results of a social media strategy can’t be evaluated in a traditional return-on-investment sort of way, but consider this: Even if a post doesn’t directly cause a client to walk through an adviser’s door, few clients will bother to come to an adviser before first checking them out online. Who knows which commentary or smiling client photo will get them to pick up the phone.

Tip sheet:

• Do not put boring headlines on posts; people respond to fear and photos. A recent market commentary from Heron was titled: A Client Asks, “What’s the Worst Case Scenario?”

Hire a consultant to help develop a social media strategy and evaluate how well the platforms are working for your firm.

• Never write something on social media that you wouldn’t want to see in the Wall Street Journal.

• Make sure any communication through a social media network is archived, as required by the Securities and Exchange Commission and the Financial Industry Regulatory Authority Inc.

• Advisers must stay within the compliance guidelines of their firm and regulators, including rules against touting a specific product or investment, or posting performance data.

Goldman Banged By DOJ; 5bil MBS Hickey

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(MarketsMuse.com)-Announced after the close of trading on Thursday, Goldman Sachs (NYSE:GS) made a $5.1 billion settlement with the U.S. Department of Justice, AGs from NY and IL and two other federal agencies in connection with the big bank’s underwriting and sale of mortgage-backed securities (MBS) sounds whopping, but seemed to have little impact on the Squid’s stock price in after-hours trading ..Below extract courtesy of CNBC..

Goldman Sachs  said Thursday that its fourth-quarter earnings will take a roughly $1.5 billion hit as it has reached a nearly $5.1 billion settlement agreement in principle related to its “securitization, underwriting and sale of residential mortgage-backed securities (MBS) from 2005 to 2007.”

goldman-sachs-squidThe bank said in a Thursday release that its agreement in principle will resolve actual and potential claims from the Department of Justice, the New York and Illinois Attorneys General, the National Credit Union Administration and the Federal Home Loan Banks of Chicago and Seattle.

The terms of the agreement say that Goldman will pay a $2.385 billion penalty, make $875 million in cash payments and provide $1.8 billion in consumer relief. The bank said that the relief will be partly composed of principal forgiveness for underwater homeowners and distressed borrowers.

Goldman will also contribute to construction financing, affordable housing, and debt restructuring support.

Shares of the Squid traded slightly negative in after-hours action.

The agreement in principle is still subject to final negotiation of the documentation, the bank said.

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