The Northern Rock Riddle Is Solved

Published in Investing on 14 April 2010

The FSA fines 2 ex-directors of the failed bank for concealing bad loans.

Just when you thought the financial after-shocks were over, up pops another credit-crunch headache for investors and regulators...

Northern Rock buries bad loans

On Tuesday, City watchdog the Financial Services Authority (FSA) fined two former Northern Rock executives for reporting false figures for mortgage arrears.

David Baker, once the Rock's deputy CEO, has been banned from banking and fined a whopping £504,000, which is reckoned to be the second-biggest individual fine ever handed down by the regulator.

His ex-colleague, Richard Barclay, the Rock's former credit director, was banned from senior positions and fined £140,000 for misleading the bank's management, shareholders and investors as to the true extent of the lender's mortgage arrears.

These penalties would have been even higher, but for Baker and Barclay pleading guilty in return for a 30% discount on the initial fines. Baker left Northern Rock in May 2008 and Barclay followed him only last month.

What did they do?

Barclay oversaw the Rock's Debt Management Unit (DMU), which started to see a steep rise in mortgage arrears during 2006. Northern Rock had a target to keep its loan arrears below half of the national average, so this put great pressure on its DMU.

Thus, instead of reporting this worrying trend, Barclay dropped 1,917 'pending possession' loans from the Rock's reporting. Thus, though the Rock reported 662 'possession pending' cases at end-2006, the true figure was 2,579 -- or almost four times as much.

Despite knowing the true position, Barclay's boss Baker then reported the false figure in a conference call about mortgage arrears in January 2007. Instead of reporting reality to the bank's board, Baker wrongly decided to wait six months, hoping the situation would improve over time.

This mis-reporting had the effect of reducing the proportion of Northern Rock mortgages three or more months in arrears at the end of 2006 by almost two-fifths (38%) from 0.68% to 0.42% of total lending. The Council of Mortgage Lenders average at the time was 0.89% and, thus, the Rock had overshot its arrears target.

In addition, the DMU 'capitalised' mortgage arrears and penalties by adding them to outstanding mortgage balances and reclassifying them as performing loans. By doing this for around 1,600 loans a week, the Rock massaged its arrears figures even lower.

Although neither executive made any personal financial gain from their cover-up, Baker and Barclay hid the true extent of the Rock's growing arrears from its stakeholders. Hence the stiff penalties levied on them by the FSA.

The 'riddle of the Rock' resolved

Reporting false arrears did not kill off Northern Rock. Ultimately, it was the Rock's reliance on wholesale markets for 70% of its funding which caused its liquidity crisis. This made the Rock the first victim of the summer 2007 credit crunch. It led to a run on the Rock in mid-September 2007 that brought the Newcastle-based lender to its knees in brought about its nationalisation in February 2008.

At last, this news explains a mystery which I started worrying about five years ago.

How on earth could Northern Rock undertake such risky lending -- including 125% 'negative equity' Together mortgages and loans of up to six times income -- without reporting higher arrears than its more cautious rivals? Also, how was the Rock growing so fast, grabbing a fifth (20%) of new mortgage lending in the first half of 2007 and beating giants such as the Halifax?

The simple answer is that the Rock was 'cooking its books'. By failing to provide a true and accurate picture of its financial position, the lender had set out on the road to ruin. Now we know the answer to the 'riddle of the Rock'!

More missing mortgages?

The obvious question investors and regulators will ask is: is the problem at Northern Rock just the tip of the iceberg? In other words, could there be problem loans going unreported at other national or specialist mortgage lenders?

Of course, more reporting breaches are certainly a possibility, especially at lenders which lack sound financial controls. Hence, further revelations of this type are certain to be accompanied by fines and the naming and shaming of individuals who have bent or broken the rules. Northern Rock's may be the first bad-loan scandal, but it won't be the last.

Alas, this creates yet another 'unknown unknown' for investors in UK banks. Banks' reports and accounts are difficult enough to interpret without wondering what's being 'left off the books' in order to gild the lily. As billionaire investor Warren Buffett warns: "It's only when the tide goes out that you learn who's been swimming naked."

Thus, poor financial controls, target-chasing, management pressure and bonus-based moral hazard (especially pre-2008) could mean more bad home loans hidden in lenders' cupboards. I certainly wouldn't bet against it, as there is never only one cockroach under the fridge.

And finally...

What impact will this revelation have on the government's plans to dispose of its 100% stake in Northern Rock? First, potential buyers will greet this cover-up with concern. Second, it will mean more painstaking due diligence will have to be undertaken on the Rock. Third, more money may need to be invested in order to improve its arrears management and financial reporting.

In short, this scandal will have lowered the Rock's attractiveness -- and its price tag -- for bidders. Thus, the Conservative plan for an early sale of state stakes in banks could take longer than planned. In addition, if this does prove to be the tip of the iceberg, then the Tories' aim to replace the FSA may have to wait until the mortgage market has been cleaned up.

More from Cliff D'Arcy:

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Comments

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Terrapin1 15 Apr 2010 , 11:30am

You seriously think the other banks are honest?
Millions of mortgages are in default by a month or more, and are being paid by credit card, loans, bank of mum and dad etc.
Main street is up s**t creek while the stockmarket is sucking up all the world's grubby money.

BaffledBelfast 15 Apr 2010 , 2:10pm

If I stole your wallet from your jacket in a restaurant and that wallet contained your life savings.... No on second thoughts if I stole the wallets containing the life savings of thousands of people in hundreds of restaurants and if I was caught, tried and found guilty I would expect a fairly substantial custodial sentence. What I wouldn't expect is a fine, no matter how large. Have I missed a change in sentencing that allows white collar criminals to pay a fine while their less well off fellow travellers end up inside? In the whole economic collapse has any banker actually had to anything other than pay back a fraction of what they have cleaned from all our life savings?

WimborneSage 15 Apr 2010 , 2:14pm

BaffledBelfast beat me to it ... but exactly how is what they did different from 'False Accounting' offences which can and do carry custodial sentences ? And frankly, whilst a fine of half a million would bankrupt me, I would assume it is but a modest proportion of the wealth of Mr Baker, relatively easily paid from accumulated large salaries/bonuses/payoff/pension monies ... To serve as a deterrent, penalties must be proportional I would argue.

dwinsal 15 Apr 2010 , 3:09pm

The justice one receives is directly proportional to the wealth of the individual that receives it as long as he has had a privileged upbringing and education. If you fine a single mother on benefits for shoplifting then she will struggle to pay and she will find hardship. If you fine a well to do businessman he will pay it because he has the money. He will then get another job of course. Mr Baker probably feels that this is a weight off his shoulders and I would imagine he is just sat back in his own substantial residence counting the remains of his wealth and happy that he is still “out” and not “banged up”. Perhaps he will be inviting the criminal MPs round to his gaff to discuss the tactics of smoke and mirrors. Don’t get me wrong, I am pretty well off myself but honest and I work dam hard without fiddling anybody or the state. I wonder if these guys had a preferential Northern Rock mortgage and I wonder if that got paid off in severance as they so often do in these kinds of jobs when the bosses go? Sleaze has always been around but the last couple of years have seen it taken to a much more sophisticated level and with fewer repercussions. Frankly I am sick of it.

Does anybody know where Mr Applegarth (boss of Northern Rock before and during the meltdown) is? Perhaps on his own Island in the sun or milking some other institution? He seems to have gotten away nice a quietly.

One more strange but true fact is that the person put into Northern Rock to sort it all out after collapse is none other than Ron Sandler (known corporate trouble-shooter?)

Sandler was Chief Executive at Lloyds of London from 1995 until 1999. Sandler spent the period between October 1999 and March 2000 as a director and chief operating officer of NatWest bank, unsuccessfully attempting to defend it during its 1999 takeover, on a salary of £450,000. Sandler resigned following the takeover of Nat West bank by RBS, joining the board of Computacenter as a non-executive director on May 26, 2000.In March 2001, Sandler succeeded Computacenter co-founder Philip Hulme as Chairman of the board. In June 2001 the then chancellor Gordon Brown asked Sandler to carry out a review of the savings industry, known as the Sandler Review The report, published in 2002, called for a simplified range of savings products with a reduced level of commission, but its conclusions were rejected by the Treasury so obviously a waste of money commissioning him and obviously he does not know what he is talking about or they would have accepted his wisdom.
Mr. Sandler is listed on the FSA (Financial Services Authority UK) website as having past associations with a company in the UK (Kyte Group) which was fined £250,000 by the FSA.
He is now running Northern Rock; Hmmmmn! Mr. Brown and His mate Mr. Darling appointed him. I rest my case.

teaboy100 15 Apr 2010 , 3:11pm

Your report states that neither man gained personally from these cover ups, but I believe their motivation can ONLY have come from their individual performance targets they make up each year. So, produce good figures, receive even larger bonus.
They got off very lightly indeed.
Every financial institution has this type of individual, working for their own self interests.

Winelines 15 Apr 2010 , 3:22pm

What on earth is going on? Would SRM Global and RAB have invested if the true picture was shown? How much slime and filth is there swilling about in the troughs of the City 'whizzkids'? How terrible to face the wrath of the FSA for those two. They must be absolutely killing themselves.......with laughter.

susancs 15 Apr 2010 , 3:43pm

So what about Fred Goodwin? Is he ever likely to face similar charges or has he got away scot free?

sonrisa1 15 Apr 2010 , 4:02pm

well I wonder about Bradford & Bingley,as a building society it was very good & payed well, but due to others misplaced greed was turned into a bank(I voted against this to no avail) I suppose we might find out a bit more this summer when a report comes out, certainly some fishy business there?I shall not hold my breath. The Government collapsed it quite unnecessarily & in fact stole it from shareholders, then sold the savings arm to Santander for £600,000,000. Actually there are a (very?) few honest people in financial services but not enough & whistle blowing is not treated well as we saw with RBS? & Fred Goodwin when will he get his real punishment instead of obscene reward.

Luniversal 15 Apr 2010 , 4:47pm

I am a holder of 500 NRK shares. The Government-appointed compensation assessor has informed me that I won't receive anything, not a penny, for their abrupt nationalisation after they were suspended when still, IIRC, trading at 80p. Yet we learn that the brand is valuable, the business has come through under Sandler and HMG hopes to float off large parts if it soon.

How long and how great was the false market created by this book-cooking, by persistently misleading statements from the board, by the Treasury's machinations behind the scenes and its refusal to let potential rescuers get a good look at the mess?

OK, my shares were free (carpet-bagged) and I got some years' divis out of them. But what about all the small shareholders, many Northern patriots, who sunk their savings into their local bank when it went public?

I hope the Action Group (and the Yankee hedgies who got legged over towards the final collapse) sue the backsides off potential miscreants. NRK may not have been the biggest scandal of the period, but it was the first. It had the bad luck to be small enough to fail. Examples should be made.

centrum100 15 Apr 2010 , 4:54pm

When the taxpayer was taken by Gordon Brown into these corrupt institutions our own experts should have replaced the riff-raff who got the institution into trouble in the first place. The problem of course was that the people who did the appointing were actually riff-raff themselves and are now asking the public to put them back in place. Brass neck really isn't the word!
It may be of interest to learn that I have today received an arbitrary letter from my bank advising that the overdraft facility, which they provided and I never used, is being reduced in order to "minimise their risk". What about my risk as a taxpayer then?? I take it the next CEO will be none other than Uncle Gordon Brown after he gets the boot!!

AlanGrahame 15 Apr 2010 , 6:28pm

Just another example of Gordon Brown proving how little he knows about finance and banking. He wanted to "divide and rule" so he took regulation of the banks away from the people best able to regulate them - namely the Bank of England - and gave it over to a bunch of incompetent oafs and overpaid kids called the FSA. The FSA spectacularly failed to regulate the banks because they didn't understand what they were doing - it was so easy to pull the wool over their eyes. Of course, now everyone is suffering. GB's folly in setting up the FSA as supervisor is second only to his thumping loss in selling gold at the bottom of the market - and he asks us to trust him!

Impuzzled 15 Apr 2010 , 7:17pm

So small people like me and my sister, who lost 6k (I know the risk of shares going up and down, but who had ever heard of a Bank going bust! NR had to be the first, that I know of) Trusted in them and did not run panic and belived in them, with a view of long term investment. Loose everything penny.
That and other problems (not share related) now means I have no hope of ever retiring and it is only going to get worse.
At least I own my home, but I cannot afford to live in it and selling is not an option I am at the bottom end of the market and have no where else to go! ( A tent perhaps?)

lindsaypa 15 Apr 2010 , 7:49pm

So does this mean the shareholders may be in with a chance of some compensatio?

OldJim58 15 Apr 2010 , 8:00pm

If my memory is correct, isn't this the same Northern Rock that was lauded by the Department of Trade and Industry (I think then under minister Alastair Darling) for its brilliant business plan? There must be many clever chaps ticking boxes but not asking the right questions at the DTI as well as the FSA. How many then Blairite MPs were from north eastern constituencies?

uptherevolution 15 Apr 2010 , 11:13pm

Now come on, not only have these poor fellows been fined a fraction of the money paid to them in bonus's for doing such a great job, but 14 peope have written bad things about them on this message board... enough is enough please.

meldrewreborn 16 Apr 2010 , 12:29am

You say "Although neither executive made any personal financial gain from their cover-up"

I say that's completely untrue because both executives sold shares post January 2007 knowing that the Rock's position was significantly worse than the market knew. I call that insider trading. They each made more on those shares than the fines they now face. The FSA has bottled this decision - they should have been much, much tougher.

twamman 17 Apr 2010 , 1:27pm

You make a very good point meldrewreborn. Insider trading, which clearly took place, can cary much more significant penalties & is not delt with by the FSA. Scotland Yard should have a word with these guys before they dissapear to a private island somewhere.

patricktaylor1 19 Apr 2010 , 12:41pm

Where are the criminal charges?!

How can one expect a more honest climate if it is known that you pay a fine and that is it? If one were curious it might be of interest to see if any of these two gentlemens friends sold their NRK shares before the **** hit the fan.

gobbleygook 20 Apr 2010 , 8:57am

The FSA are toothless wonders. What controls are in place for the FSA to actually monitor these institutions? None, if these individuals actions went unnoticed. What we are looking at, is deliberate misrepresentation, which was aimed at not only the managers & directors within the company, but also shareholders & depositors. Surely their actions should have been viewed in this light & the public prosecutor involved. Mind you, they would probably have got it wrong, at considerable cost.
The whole banking debacle is basically due to the same attitudes within the finance sector. The FSA were not keeping their eye on the ball & this government abdicated their resposibilties. Who has been fired & lost their benefits, where is the criminal compensation???

54Nick 20 Apr 2010 , 5:06pm

Nailing the guilty has been long overdue, hopefully is will act as a deterent in the future.

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