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Monday, 1 June 2015

Compliance Breaches will continue until the UK’s Financial Institutions finally put delivering positive customer outcomes as their primary objective

Last month’s FOREX ruling in the UK and US against a cadre of the best known names in banking saw the issuance of some of the largest fines to date yet for regulatory breaches in the Financial Services sector.  

Whilst the wanton act of corruption is, in itself, deeply disturbing, what makes it particularly shocking is that it was happening at a time when many of the senior executives in the banking sector were opining that the industry, whilst not yet being perfect, had significantly cleaned up its act and was now once again trustworthy.   It hadn’t and it wasn’t. 

So were the apologist executives actively lying about the state of their industry or were they just as in the dark as the rest of us as to the shady goings on within their institutions.   Outside of a court of law I guess we will never know the answer, however, I would not be surprised to find that a number of them were even more surprised and disappointed by the actions of the FOREX traders than the general public.   Why?   Because I think a number of them genuinely believed they had done all that was necessary to protect their Bank from serious compliance breaches.   However, based on the evidence and supporting anecdotes all they had done was to ensure that the compliance boxes were ticked.  What they had struggled to deal with, in any meaningful way, was the same pernicious culture of “bankers self interests” that had underpinned the 2008 crash.

Strangely, contrary to public opinion most Banks believe themselves to be over run by compliance and risk staff – the people whose job it is to spot and stop errant behaviours.  Bankers are forever being asked to complete mandatory compliance training, complete risk assessments and participate in internal audit activities. So how on earth, at some of the most “protected” banks, (i.e. those with the largest risk and compliance departments) can such a massive set of non-compliant behaviours not get picked up and stopped at a much earlier stage?   How is it possible, given the compliant exhortations and sentiments of the Chief Executives, that FOREX traders still think it is OK to form a cartel and fix the exchange rates to the detriment of their customers?   

The answer is relatively simple to articulate and elusively challenging to enact.   Culture change.

The FCA are now very fond of reminding their regulated firms and those applying for regulation, that complying with regulation, both the spirit and the letter of it, maintaining a “culture of compliance” and delivering fair customer outcomes (and nothing less) is what they are expecting.

However, from my most recent experiences of working within major financial institutions it still appears to me as though the Banks are missing the point on what the FCA is actually looking for.

As part of a recent assignment I had to complete a series of mandatory training modules on compliance and risk in order to be able to work within a particular bank.  I believe that the total time required for me to complete the training was approximately 6 hours.  The modules covered the banks approach to risk, compliance, fraud, bribery anti-money laundering etc, etc and were very comprehensive.  Surely the bank could do no more in preparing me to work in a compliant way?  Well yes and no. 

What struck me as odd as I worked my way through the well prepared materials was the focus of the training.   Almost all the modules concentrated on informing me of the actions that I needed to take to protect the bank from financial and reputational risk – not a bad thing in itself – but what almost all the training modules failed to do was emphasise the need to do the right thing for the customer and to drive positive customer outcomes.   In essence, there was still a faint whiff of the old masters of the universe thinking in the materials. Banking is for bankers.

In my opinion, if the banking industry is truly going to adopt a culture of compliance then they will have to navigate away from the bank and bankers being the primus inter pares to the customer and the customer’s outcomes taking that position.  Until that place is reached there will continue to be a regular (all be it somewhat reduced) flow of breaches and scandals that will have the Chief Executives of banks wringing their hands and scratching their heads.

So how do they get there?  Unsurprisingly there are a myriad of actions required over an extended period of time.  However, here are a few that appear obvious to me.

1.   Ensure the voice of the customer is prominent in all compliance training
2.     Review technology, products, processes and policies from an end to end viewpoint to ensure that they are actually delivering positive customer outcomes
3.     Invest in a targeted culture change programme to increase the focus on the customer
4.     Spend more time listening to the voice of the customer at senior manager level

      There are a course a million others but that’s for another blog.  Do get in touch if there’s anything you’d like to agree or disagree with in the blog or whether you recognise the issues in your Bank and would value some advice and support.

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