barring bank
TRANSCRIPT
CASE STUDY NICK LEESON 1
Reflection
Georgia Stein
MGT 619 Z1 Strategic Management
April 23, 2014
Dr. Herbert Rau
CASE STUDY NICK LEESON 2
Barings Bank, the oldest merchant bank in England was
founded in 1762 by Sir Francis Baring. The history of the bank is
one that is long and well connected to the world's leading
financiers. Baring's history was the high-risk bank
extraordinaire. The Louisiana Purchase, the first of many
historical transactions, was financed by the Barings brothers,
who in 1802 assisted the United States with the purchase from
Napoleon. The transaction though successful would be followed by
the banks first debacle caused by poor management oversight.
To recover the bank became involved in financially
facilitating high-risk ventures and the trading of U.S.
securities throughout Europe, Canada, Argentina, and Uruguay.
With the increasing number of countries the bank had built
relationships with commercial credit became the banks leading
strategy, and core competence. In the 1890s, the bank became
overexposed to risky debt and that combined with their
CASE STUDY NICK LEESON 3
involvement of buying stock to hold for future settlement caused
the banks second major banking debacle of its time.
The Bank of England kept Barings from insolvency; however,
for a time, the bank lost their prominent position. Recovery from
the Panic of 1890 was slow and methodical. Risk taking became
marginally subdued and by catering to only the most affluent,
publically invisible. The more conservative the bank became in
image the more it resembled what was dubbed the epitome of the
British monarchy; and, a long-established relationship as the
Queen’s blue blood bank ensued.
In 1995, Barings faced its third and final financial debacle
due largely to a lack of managerial oversight, and poorly managed
internal controls. It has been said that a young man who had been
hired as the rising star would save the bank and that he alone
was solely responsible for the banks untimely death. However,
there is much more to the story, then the hiring of Nicolas
Leeson, who it is said brought the bank down.
Barings office in Singapore, it would seem, was predestined
to be a repeat of the now long forgotten panic of 1890. The
primary focus of the Singapore office was equities. The trading
CASE STUDY NICK LEESON 4
of futures was increasing and the commissions being paid by the
bank were based on each and every transaction. (Holton, 2014).
Hence, the banks' objective was to gain a seat on the Simex
exchange. The bank's key participant’s objective may have been
entirely different.
In 1989, Nick Leeson with a checkered history of various
clerk positions at several local banks, and a limited education
was hired by Barings Bank London office. Born in 1967, to a
plasterer from Watford, Herefordshire England, Leeson was
educated at the voluntary aided grammar and upper school,
Parmiter. The school completed student’s education in the upper
sixth, or the 13th year of education. Leeson completed the
equivalency of a high school education in 1985. In his last year
of school, Leeson failed math.
Leeson, the son of a plasterer in Watford, Herefordshire
England did not do well in his last year of school as a student,
he did not have family ties to nobility, did not attend the
privileged and elite schools at Eton, and had not served in the
Coldstream guards, the sum of which make him a highly unlikely
candidate to serve in any meaningful way at Baring Bank. (AW-BC,
CASE STUDY NICK LEESON 5
2003). The area in which Leeson grew up in was one that was built
by breweries and housed by narrow alleys and slums that were
close in proximity and unsanitary. He had large aspirations, but
below average qualifications. Prior to being hired by Barings
Bank Leeson had spent two years as a clerk in operations at
Morgan Stanley.
After four years at Barings Bank, Leeson applied for a
securities license. Reporting from Singapore, the Seattle Times
stated the industry group that issues securities licenses in
Britain denied Leeson a trader’s license for having lied on his
application. The group said that Barings knew this and
“transferred Leeson to Singapore where he did not need a British
license to trade at the Singapore International Monetary
Exchange” (Seattle Times, 1995, para 3). Further, the information
“should have been disclosed to SIMEX because it would have been
essential in assessing his application to become a trader in
Singapore," said the authority of the exchange (Seattle Times,
1995, para 4). Hence, there is false representation, material
fact, scienter, and justifiable reliance present in this act of
omission.
CASE STUDY NICK LEESON 6
Meanwhile, Leeson was gaining experience and knowledge while
working in a back office in Jakarta. His task was to clear the
100MM in stock certificates and bearer bonds. Because of a
declining market clients were avoiding delivery by complaining
that the certificates were in the wrong denomination or were
otherwise in "physically unacceptable condition” (Holton, 2014,
para 2). For 10 months Leeson worked in a back office on the
problems and made delivery of the certificates. (Holton, 2014).
In this time it would seem nobody knew of Nicholas Leeson’s
existence, let alone his potential to become the star trader for
one of the most prestigious investment banks in the world. He
had potentially been given the necessary skills, the opportunity,
and a non-shareable problem that would undoubtedly arise. (Hall,
n.d. p 4).
None the less, Barings management was so impressed by
Leeson’s abilities that they made him a general manager, and head
of derivatives at Barings Securities Singapore. Included in his
responsibilities was the authority to hire and fire traders and
back office staff. Leeson having no experience in managing a
team, or in trading was not qualified for the position. The
CASE STUDY NICK LEESON 7
promotion of Nicholas Leeson was not only a questionable choice,
but an inappropriate one. It doesn’t take a leap of faith to
realize that before even having started his position in Singapore
that Leeson was in over his head.
In 1992, Leeson began his position with Barings Futures
Singapore, later known as Barings Securities Singapore. In his
position as Head of Derivatives he was immediately given
authority to trade futures and options for Barings clients and
other companies within Barings organization. The Barings group
consisted of Barings Plc, led by Ron Baker, and its Baring
Securities Limited (BSL), Baring Securities Limited London
(BSLL), Baring Securities Limited Japan (BSJ) managed and led by
Mike Killian, and Baring Securities Singapore (BSS). (Holton,
2014). The funding for Baring Singapore came mostly from BSL,
BSLL, and BSJ. (Holton, 2014).
Leeson was responsible for reporting to four different
people; his direct supervisor in Singapore, Simon Jones, whose
interests were more in football than in the options pit, Mike
Killian, head of Global Equity Futures and Options Sales in
Tokyo, who sought ways to gain by Leeson's trades, and Mary Walz,
CASE STUDY NICK LEESON 8
and her boss Ron Baker in the London office Financial Products
Group. Ron Baker, who saw the profit side of things took direct
responsibility over Leeson. Of this matrix, Leeson had to say,
“My reporting lines were as hazy and inbred as the Baring family
tree itself" (Independent, 1996, para 7). In addition, Leeson
worked with Brenda Granger who was in charge of the transfers of
cash. (Independent, 1996). It would later be reported that Jones,
and Walz denied having operational responsibility for any of
Leeson’s activities, and Baker denied having any responsibility
for Leeson prior to January 1, 1995. (Brown, 2007).
Leeson also had a reporting responsibility to the “senior
directors of the Barings Group who sat on the Management
Committee (MANCO), Executive Committee (EXCO), and Barings' Asset
and Liability Committee (ALCO)” (Brown, 2007, p 1587). "The fact
that Leeson's fraudulent activities resulted in both him and his
bosses receiving substantial bonuses, and thus that they had a
financial interest in ignoring his misdemeanors, is noted but
not commented on by the Baring Report of the incident” which
would be later released (Brown, 2007, p 1587).
CASE STUDY NICK LEESON 9
In 1992, Leeson began the hiring of a local staff. Leeson’s
trading activities started soon thereafter, and he proceeded to
lose in excess of 2 million pounds. To hide the losses Leeson
claimed to have been made by his traders, he opened and used a
replica of the internally bank established error account 88888
(used while in Indonesia), to which he had noted, nobody in
London took notice (AW-BC, 2003).
The symbolic meaning of the number 8, a lucky number to
those who know the Chinese culture, and 5 eights to maximize luck
suggests first the speculative nature of Leeson’s personality,
and secondly that he was not in this trading debacle alone. Now
in charge of both the front and back offices, and with the
support of his staff and seemingly unlimited lack of
accountability, Leeson began trading in a maniacal, purportedly
unauthorized way. His failure to hedge the portfolio and his
inability in the use of pricing models and calculating risk were
becoming more apparent each day. (Brown, 2007). By July 1993 the
losses incurred exceeded six million pounds, or an approximated
12 million US dollars.
CASE STUDY NICK LEESON 10
By summer 1993, Leeson had the opportunity to recover the
losses made in 1992 when the Simex market had a very significant
rally. But, true to his nature, was back in debt by the following
week. Once again the losses were posted to the luck of the draw
88888 account. Masking the losses, Leeson continued arbitraging
and trading the “Nikkei 225 index, ten year Japanese government
bonds, and euro yen deposits while trading simultaneously on the
Osaka Securities Exchange and the Singapore International
Monetary Exchange” (AW-BC, 2003, p 214). The perceived profits
were so large that his reputation as a star performer gave him
unlimited access to the Baring capital. (AW-BC, 2003). Hence,
there was situational pressure, availability of opportunity, and
personal characteristics present.
At this point even by casual observation, the narcissi
personality disorder that Leeson most assuredly developed while
growing up in a less than perceived self-image of himself had
taken root. The denial of a top tier education, and mediocrity of
the circumstances Leeson had lived with captured the rage from
within, alienated him from reality, and furthered his grandiose
ideas. (Maccoby, 2000). The sudden rise in status had taken hold
CASE STUDY NICK LEESON 11
of his senses and there would be no turning back. Even under the
mounting pressure of having to hide more losses than profit,
Leeson continued to exhibit the farthest reach of hubris.
(Goldman, 2009).
Remarkably, the more than substantial losses continued to go
undetected. In reporting earnings in February of 1994, Peter
Baring boldly announced, "1993 was a good year for the investment
banking, Barings made profits before tax of 200 m pounds and
deducted 100m for staff bonuses, which gave a net pretax profit of 100m
pounds" (Independent, 1996, para 9). The actual amount attributed
to BSS was not disclosed; however, it had been reported that
Leeson brought in 20% of Barings worldwide profit, and in the
early part of 1994 50% of its earnings. (AW-BC, 2003). "By year
end 1994, Leeson’s reported profits were 500% of the banks
budgeted estimate" (AW-BC, 2003, p 214). However, losses
sustained and hidden in 88888 were by 1994 more than 50 million
pounds and escalating. Ron Baker, seeing now nothing but profits
coming from Singapore secured his position as the person solely
in charge of Nicholas Leeson.
CASE STUDY NICK LEESON 12
In the meantime, 1993, BB&Co. and Barings Securities limited
(BSL) merged. Later, 1994, BB&Co. and BSL merged with the
Investment Bank (BIB). The combination of the two mergers
presented an extreme clash of cultures, causing confusion between
the loosely managed business of Baring Securitas Limited and the
more blue blood conservative business of BB&Co. and Barings
Investment Bank. “It was a distraction right in the middle of
Leeson’s tenure at BSL” (Holton, 2014, para 14). To further
complicate matters, there was no risk controller in Singapore,
and there was no independent verification of information being
sent from Singapore to London. Essentially, this gave Leeson
access to better than 300 million unchecked pounds. This is
extraordinary in light of the fact that the bank only had 31
million pounds in client funds. To confound the situation even
more Baker had little understanding of derivatives or the trading
floor, the new Credit Committee was led by a man with no
experience in credit, and the 88888 account being sent to London
was not being managed because nobody was assigned the task.
(Brown, 2007).
CASE STUDY NICK LEESON 13
Early one morning, Nov. 1994, Baker now looking forward to
year end bonuses, called Leeson and pressed him for another 2
million pounds of profit while also mentioning that London was
expressing growing concerns. Whether or not Baker had any insight
as to the deception behind the scenes is not discernable;
however, the message to Leeson was clear. Although the profits
recorded Leeson as having “produced for Barings some 28.5 million
pounds in revenue, or the equivalent to 77% of the total net
profit of the Barings Bank Group” the London office was beginning
to question the funding requirements that were keeping Leeson's
trades afloat. (Millar, 2009, para 7). The bank may not have
fully realized it, but they were considerably over leveraged and
Leeson was scared. (Leeson, 2006).
During the years 1993 and 1994, the directors of Baring Bank
had on several occasions approached the Bank of England to seek
informal approval for the allowance of more than the legal amount
of 25% of its capital to be transferred out of England to
operations in Singapore, and Tokyo. Barings Bank had exceeded its
legal limits of its share of capital in overseas trading
operations. By the third quarter of 1994, George Maclean, who
CASE STUDY NICK LEESON 14
served as the head of banking in Barings London office, contacted
Christopher Thompson, who was the Bank of England's senior
supervising agent in charge of merchant banks, to confirm by
necessary protocol that the legal limits had been exceeded. In a
cat and mouse exchange, it can be surmised that the Bank of
England had turned the other cheek with a blind eye to the excess
capital leaving London. (Independent, 1996).
Juxtaposing the events in London, and the causal oversight
of the law the continuing requests and payment of funds kept
Leeson from being exposed. By November of 1994 Leeson’s doubling
of bets in a frantic attempt to profit began to slide into the
abyss and loss accumulation now at 208 million pounds, which was
“more than the reported profit of 205 million pounds” and “more
than double the 102 million pounds paid out in bonus,” presented
an obvious outcome. (Primia, 2005, p 1). The illusion of
Leeson’s brilliant trading strategies was permanently shattered
when the long and the short positions he held had to be sold
disproportionately to meet the margin calls of the exchanges. The
end was near.
CASE STUDY NICK LEESON 15
The only possible other outcome that could have been
realized was dependent on the long anticipated rise of the Nikkei
Index at the Osaka Exchange. On January 17, 1995 there was an
earthquake in Kobe, pushing the long awaited recovery further and
further down the road. As the Nikkei fell, Leeson feeling the
market had nowhere to go but up continued to buy, and by January
22, 1995, the banks aggregate holdings were 61,000 future
contracts. This accounted for 85% of the open interest in the JGB
market and half the open interest in the Nikkei. (Holton, 2014).
The market being aware of this may have very well traded against
him and on Monday, January 23, 1995, the Nikkei tumbled an
astonishing 1,000 points. Over the course of the next few days
the bank’s losses would exceed 830 million pounds, causing the
bank to declare its insolvency. (AW-BC, 2003).
(Holton, 2014).
CASE STUDY NICK LEESON 16
Two days after the failure of the bank was announced, the
“London High Court named a panel to manage Barings” (Lugtu, 2006,
p 1). And, Leeson took an unannounced vacation to which he hoped
none would be the wiser.
The lessons from this case are more than obvious, it’s the
number of lessons learned that is so astounding. The first of the
events occurred when Leeson opened a replicate of the 88888
account he had used while working in Jakarta. The account was
used to house imbalances and Leeson soon discovered the account
was never reconciled. When he got into a position where he felt
pressured to show profits he hid his unauthorized trading losses
in this account, which he thought symbolized luck. Management for
whatever the reasons paid no heed to the 88888 account showing
the failure of separation, internal controls and potential
ethical issues with respect to the exercise of corporate power.
To compound the problems identified in this case the external
auditors, supervisors and regulators failed to act when the
impending doom became obvious. Instead both senior management,
and the Bank of England who was charged with maintaining the
appropriate limits to funds leaving England turned a blind eye.
CASE STUDY NICK LEESON 17
Within two months of having done so the bank became insolvent.
Had they acted sooner the catastrophe would have been avoided.
The risks that were exposed show a lack of managerial
control. When Leeson was promoted to General Manager, and given
the position to head the derivatives he was also given the
authority to manage both the front and back office of the
Singapore operation. The lack of segregation enabled Leeson to
manipulate the staff and the organizational operations he sought
funds from. The operational risk and the implied lack of
understanding of the activities on the trading floor, the lack of
oversight and reconciliation of the 88888 accounts, the failure
to verify the information being provided to obtain funds, and the
blind eye from the Bank of England led to the complete failure of
the check and balance system and enabled fraud to occur. The
failures were observed at numerous levels of the organization,
and in numerous locations, and the ultimate cost due to the lack
of managerial controls to the organization were its own demise.
The government of Singapore through an investigation
conducted by their auditors conclude, "The fall of Baring Futures
Singapore was caused by institutional incompetence, lack of
CASE STUDY NICK LEESON 18
understanding of futures business among senior executives, and a
total failure of internal controls. The report also claimed that
Barings CEO Peter Norris and other top officers not only tried to
conceal Leeson's unauthorized dealings but also played down their
significance" (Lugtu, 2006, p 1).
There are two types of fraud that have occurred. The first
being management fraud, and the second employee fraud. For fraud
to have occurred there are five conditions that must be met.
False representation occurred when London omitted the fact that
Leeson had failed his trading exam due to his dishonesty on the
application. There was material fact, in that it did matter in
the decision being made to license Leeson in Singapore. Scienter
was present because there was intent to deceive, and it did
indeed affect the licensing board’s decision in Singapore. Injury
and loss did occur. The five conditions that must be met for the
acts of both management and employee malfeasance to be considered
fraud were present as evidenced by: false representation,
material fact, scienter, justifiable reliance and injury or loss.
For employee fraud to be present it involves the theft of
assets and involves three steps. The steps include “take, sell,
CASE STUDY NICK LEESON 19
and hide" (Hall, 2004, p. 3-3). For management fraud to occur
there are several factors. It happens at levels that are above
the internal control systems. There is an intent that is usually
meant to deceive, and if assets are manipulated the plan is
intentionally misleading and underhanded. (Hall, 2004).
The factors that contribute to fraud as presented by the
Certified Fraud Examiners, includes the "types of forces which
can interact to inspire an otherwise responsible person to commit
fraud such as situational pressure, availability of opportunity,
personal characteristics." (Hall, 2004, p 3-4). When interacted
with having the necessary skills, opportunity and a condition
where there is a non-shareable problem there must be suspicion of
complicity.
Leeson was inspired by the advantages of a more than
idealistic situation. Leeson had a recognizable personality
disorder. For a young man having grown up in an underprivileged
class, the rise to fame, which when coupled by having been given
the necessary skills, and the opportunity to use them and then to
later commit fraud is unparalleled by the unbridled enthusiasm he
received from those he sought to be like and the situational
CASE STUDY NICK LEESON 20
pressures to perform and deliver disproportionate profits to
those who enabled him to do so. In having been given complete
control of the trading floor, and unlimited access to company
funds, he was compromised in such a way that he unwittingly
bargained for a non-shareable problem in which he did first
provide the necessary documentation of profit that would be used
to substantiate bonuses being paid to Peter Barings, Ron Baker,
himself, and others. And, though nobody came out of this
discursive narrative unscathed, it was he who would necessarily
take blame for an internally created non-shareable problem and
the failing of Barings Bank.
In conclusion, it was the flaws of the organizational
structure itself and the lack of adherence to an otherwise
generally acceptable practice of internal controls as specified
by the Foreign Corrupt Practices act of 1977 that were the
primary reasons for the banks' failure. This is not to suggest
that the role Nicolas Leeson played in the failure of the bank
was not a genuine cause for its failure, it is to redirect the
focus to the breakdown in the organizational structure of the
CASE STUDY NICK LEESON 21
bank and the otherwise status quo belief of the banking
institutions' overall legitimacy.
Had the management teams fully understood the businesses
they managed, and had they taken full responsibility for each
business activity with a clear segregation of duties, relevant
internal controls, including appropriate independent risk
management for all business activities, there would not have been
the possibility to commit such egregious fraud. Had top
management and Audit committees taken the precautions and met the
mandate of the Foreign Corrupt Practices Act of 1977 by
safeguarding the firm’s assets, and ensuring the accuracy and
reliability of accounting records and information, promoted
efficiency in the firm's operation, by measuring their compliance
efforts with management's prescribed policies and procedures, and
management responsibility, there would have been reasonable
assurance that exposure to such risk as seen in the Leeson
debacle could not have occurred.
It is the opinion of the Singapore Minister of Finance that
the Barings Group sought to legitimize their lack of oversight,
and internal controls as being the failures of particular
CASE STUDY NICK LEESON 22
individuals who did not perform their duties with efficiency. It
is also of the same opinion that the "key individuals of the
Baring Groups management were wilfully blind and reckless to the
truth” (Brown, 2007, p 1587). The Singapore Report admonishes the
claim that the Baring Group Management was unaware of the 88888
account and states "In our view, the Baring Group's management
either knew or should have known about the existence of account
88888” (Brown, 2007, p 1589).
In what seems a collaborative effort between the regulators,
the Bank of England and Barings Bank, the Group slants the truth
to make it look as though all acted legitimately in a time of
crisis. However, in respect to the explanations Norris had given
about other Baring Group management members as to why they
believed that “Leeson could make such large profits from such a
perceived low risk activity,” the Singapore Report states this
“it is implausible in our view, and it demonstrates a degree of
ignorance of market reality that totally lacks credibility”
(Brown, 2007, p 1587). In conclusion, the Singapore Report notes:
“For three years, account 88888 purportedly escaped the notice of
the entire Baring Group management. Yet within hours after the
CASE STUDY NICK LEESON 23
Baring Group senior management concluded that Mr. Leeson had
fled, BSL personnel working in London and Singapore with
incomplete documentation uncovered account 88888 and identified
it as the immediate cause of collapse” to which I concur, lacks
credibility (Brown, 2007, p 1588). The banks first, and second
crisis situations were the cause of poor management oversight;
but, the third debacle caused by poor management oversight was to
be its end. The oldest bank in England, Baring Bank could not be
saved by the Bank of England this time.
Barriers to Critical Thinking
The barriers to critical thinking are probably as obvious as
the lack of internal controls, and the poor demonstration of
ignorance of market reality. The protagonist’s barriers to
critical thinking include a complex pluralist system of
methodology, with a wild mess dynamic, created by a distorted
mental model of a complicated personality that used a selective
process to substantiate an illusion of control based on
distortions of reality, and wishful thinking. The self-deception
was caused by intensified feelings of invulnerability.
CASE STUDY NICK LEESON 24
The structural complexity caused a distortion by personal
interests because of a false sense of confidence. Trapped by the
myth of the management team Leeson became a boiling frog with no
choice but to jump. To successfully counter the barriers Leeson
will need to learn to be aware of the barriers he encounters, and
practice recognizing patterns, ask disconfirming questions, and
keep track of information that is counter to his future position
in life.
Being a narcissist Leeson will need to learn to provide
ranges and multiple anchor points, and learn to reevaluate how he
engages in effective group dynamics and communication with
others. Had he framed his situation as to what it was, he would
have seen the potential threats to what he was doing, and rather
than seizing an ill opportunity, collapsed it. Learning to
clearly identify what is known, and what is not, and what cannot
be known will further his abilities if he learns to practice
mindfulness of what he and others around him are doing. Another
words Leeson has much to learn. "Learning takes place over time
and involves movement from thought to action and back and forth”
(Rau, 2014, slide 11).
CASE STUDY NICK LEESON 25
Based on his experiences with the Barings Group he should be
able to develop concrete theories, and conceptualize future
events by reflection, avoidance, and new experiments. His new
system will improve by initiating a self-stabilizing thermostat
which is purposeful in the goals he is trying to attain. To
accomplish change the realization that there is no free lunch
will be the hardest of all for him to master because he has a
sense of entitlement which finds no easy solution. And, if by
chance he has learned that good intentions are not enough, he has
learned. (Rau, 2014).
CASE STUDY NICK LEESON 26
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CASE STUDY NICK LEESON 28
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