Financial Market Misconduct and Public Enforcement: The Case of Libor Manipulation
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...…to obtain longer maturity reference rates, suitable for swaps, realized one day SOFR rates are compounded (in arrears), so a 1 month SOFR index rate is the 1The recent empirical work investigating the LIBOR manipulation includes Abrantes-Metz et al. (2012), Bonaldi (2017), and Gandhi et al. (2019)....
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References
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"Financial Market Misconduct and Pub..." refers methods in this paper
...We use non-overlapping average monthly submissions 20Financial stocks are typically excluded from the construction of Fama and French (1992) factors....
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1,771 citations
"Financial Market Misconduct and Pub..." refers background in this paper
...Bergstresser and Philippon (2006) and Burns and Kedia (2006) show that performance-based compensation incentivizes managers to manipulate prices through misreporting, earnings management, and fraudulent accounting....
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1,236 citations
"Financial Market Misconduct and Pub..." refers background or methods or result in this paper
...Recent banking scandals, such as the manipulation of the London Interbank Offer Rate (Libor) and the fixing of foreign exchange, have once again impaired trust in the financial markets. These cases of financial market misconduct are unprecedented in terms of the number of banks involved and the potential impact on the real economy. The regulators responded by large scale investigations and historically large penalties for the involved banks. However, it still remains a largely open question how effective are these measures. Is improved enforcement of existing regulations enough to prevent widespread financial market misconduct?1 How does financial market misconduct vary across countries with different enforcement intensity? Are the imposed penalties sufficient to outweigh the potential gains from misconduct? In this paper, we tackle these questions by analyzing the events surrounding the manipulation of Libor. We start by a comprehensive analysis of the extent and the main driving forces of Libor manipulation. Then we use differences in enforcement intensity over time and across regulatory regimes to assess the effect of enforcement intensity on the propensity to engage in Libor manipulation. Libor was introduced by the British Banking Association (BBA) in 1986 as a measure of the inter-bank borrowing rate and is now a crucial reference rate for spot and derivative contracts with notional value of several hundred trillion dollars. The allegations of Libor manipulation started with a 2008 Wall Street Journal article (Mollenkamp and Whitehouse (2008)) and eventually led to widespread investigations into Libor manipulation. Nine large international banks have already reached settlement agreements with regulators, and several banks are still under investigation.2 The case of Libor manipulation provides a unique opportunity to study the effects of enforcement on the propensity of market participants to engage in financial market misconduct for three reasons. First, while regulators launched formal investigations soon after the first allegation of Libor manipulation, no changes were implemented in the way Libor is computed until (1)For corporate fraud, Dyck, Morse, and Zingales (2014) argue that only one quarter of cases are detected and on average one out of seven large publicly-traded US firms are engaged in fraud....
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...This is consistent with the mixed evidence for the signaling hypothesis in studies that compare Libor submissions to alternative proxies for banks’s borrowing costs (e.g., Abrantes-Metz, Kraten, Metz, and Seow (2012)). Having established the main channel for Libor manipulation as the cash flow hypothesis, we next test how the evidence for Libor manipulation varies with enforcement intensity. Theoretically, enforcement affects the level of financial market misconduct by altering the expected legal costs of misconduct. The expected legal costs depend on the size of the potential penalties and the perceived probability of being discovered. These costs are therefore difficult to measure ex-ante (Becker (1968)). In the case of Libor manipulation, however, the passage of time and (8)The USD, GBP, JPY, and CHF for the 1-, 3-, and 6-month maturities. (9)Deutsche Bank calculated that, as of September 30, 2008, it could gain or lose as much as 68 million Euro per one basis point change in Libor (Eaglesham (2013))....
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...This is consistent with the mixed evidence for the signaling hypothesis in studies that compare Libor submissions to alternative proxies for banks’s borrowing costs (e.g., Abrantes-Metz, Kraten, Metz, and Seow (2012)). Having established the main channel for Libor manipulation as the cash flow hypothesis, we next test how the evidence for Libor manipulation varies with enforcement intensity. Theoretically, enforcement affects the level of financial market misconduct by altering the expected legal costs of misconduct. The expected legal costs depend on the size of the potential penalties and the perceived probability of being discovered. These costs are therefore difficult to measure ex-ante (Becker (1968))....
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...Furthermore, not all the 150 Libor 15Note that manipulation in the Libor markets differs from manipulation in other financial markets....
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...for a subset of banks, for which a more detailed interest rate data exist, we show that our measure of bank’s Libor exposure is correlated with a bank’s Libor exposure estimated from balance sheet data. Third, we present a number of tests to show that our results cannot be explained by the differences in banks’ general exposure to the interest rate risk. Finally, we show that our approach is robust to potential endogeneity in the estimation of the Libor sensitivities of banks. We use data on Libor submissions from 1999 through 2012 from Bloomberg for the 12 most important Libor currency-maturity pairs as identified by Wheatley (2012).8 We find strong empirical evidence consistent with the cash flow hypothesis....
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1,026 citations
"Financial Market Misconduct and Pub..." refers background in this paper
...Bergstresser and Philippon (2006) and Burns and Kedia (2006) show that performance-based compensation incentivizes managers to manipulate prices through misreporting, earnings management, and fraudulent accounting....
[...]
859 citations