Barclays is being punished for being first, not worst

Barclays came clean while others are still hiding manipulation.

One thing that has come through in Barclays' counter-offensive over Libor-fixing is that it genuinely believes that what it was doing, if not actually ethical, was at least no worse than that which every other bank was doing.

In its submission to parliament, it writes of itself that:

The bank’s exceptional level of cooperation was expressly recorded by each of the Authorities, and was described by the DoJ as "extraordinary and extensive, in terms of the quality and types of information provided" and "the nature and value of Barclays cooperation has exceeded what other entities have provided in the course of this investigation." That cooperation has led to Barclays being the first to reach resolution of these issues. It ironic that there has been such an intense focus on Barclays alone, caused by our being first to settle in the midst of an industry-wide, global investigation.

Similarly, in Bob Diamond's record of his phone call with the Bank of England's Paul Tucker, we learn (as well as the fact that Diamond goes by RED, for Robert Edward Diamond, in internal memos) that Barclays genuninely believed the reality of Libor was that:

Not all banks were providing quotes at levels that represented real transactions.

This belief – that other banks have been manipulating Libor as well – is not some desperate attempt by Barclays to divert attention. We already know that RBS had to fire at least four, and possibly as many as ten, traders over Libor manipulation, and it seems likely that many other banks were doing the same thing. Indeed, if Barclays are to be believed, the only reason the call with Tucker happened at all was because they were manipulating Libor less than the other banks. This chart, via Reuter's Jamie McGreever, shows Barclay's spread over the Libor rate:

Notice the spike in Barclays' borrowing costs in September 2008, settling down almost entirely by December of that year. The Bank of England apparently thought that was because the market considered Barclays to be riskier than most banks; Barclays believed it to be because the other banks were lying more than it was. (The answer, of course, is likely somewhere in the middle.)

It may still be true that Barclays was qualitatively worse. There is no hint – yet – that the lies from RBS went any higher than trader level, whereas Barclays' Chief Operating Officer resigned yesterday as it became apparent that he may have directly ordered subordinates to under-report Libor rates, based on a mis-understanding of Tucker's phone call.

But it is undoubtedly the case that the reason Barclays is getting the most trouble – the reason why all subsequent investigation has focused on them, and they have had two waves of high-profile resignations – is because they were the first to be fingered. And they were only first because they held their hands up and admitted culpability. The authorities are, after all, still investigating other banks.

It may well turn out that what Barclays was doing was in no way unique. Now, if that results in the CEOs of all major banks being hounded out and potentially prosecuted for their actions in the run-up and immediate aftermath of the financial crisis, then it's been a long time coming. But it seems far more likely that what will happen is that by the third or fourth bank, the excuse that "everyone was doing it" will start to hold water. The failure will be seen as systematic, and worthy of investigation, but not of any extra punishment beyond the reforms which will be suggested then half-heartedly implemented on the industry. The chief executives who participated in cover-ups will get off.

What lesson does this teach banks and businesses in the future? Do not co-operate. Do not reveal anything to the authorities. If you hold your hands up and admit blame, you will be pilloried, but if you bury your wrongdoings until someone else is found out, you'll get away scott-free.

That doesn't seem to be the best idea.

Barclays bank, being punished worst for coming clean first. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Bertie Carvel's diary: What would the French think about infidelity to Doctor Foster?

The joy of debuting a new series, Rupert Murdoch's squeamishness and a sting in the tail.

According to the adage, the first thing an actor does when he gets a job is to go on holiday. And so, having finished our sold-out run of James Graham’s Ink at the Almeida and with the show (in which I play a young Rupert Murdoch) about to transfer into the West End, I’m packing my bags.

But before I can skip town, I’ve one more professional engagement: the press launch of series two of the BBC drama Doctor Foster, which we finished filming at Christmas. I’ve now seen the final cut of all five episodes, and I’m excited to share it with an audience. There’s no substitute for seeing other people’s reactions at first hand, especially with a show that got people talking so much first time around, and it’s electric to sit in a cinema full of expectant journalists and commentators and feel the room respond. Nothing beats this: to put so much into making a thing and then experience an audience’s unmediated, reflexive reaction. When it goes well, you feel that you’ve shared something, that you’ve all recognised something together about how things are. It’s a unifying feeling. A sort of bond.

Cheating spouses

Handling the interviews has been tricky, when there’s so little one can say without giving the plot away. (The first series began with Suranne Jones’s character Gemma, a GP, suspecting her husband Simon of having an affair.) What’s more, lots of the questions invite moral judgements that I’ve tried my best to avoid; I always think it’s really important not to judge the characters I play from outside, but simply to work out how they feel about themselves, to zero in on their point of view. There’s a sort of moral bloodlust around this show: it’s extraordinary. People seem to want to hear that I’ve been pilloried in the street, or expect me to put distance between myself and my character, to hang him out to dry as a pariah.

While I’m not in the business of defending Simon Foster any more than I’m in the business of attacking him, I am intrigued by this queer mixture of sensationalism and prurience that seems to surface again and again.

Shock horror

Oddly enough, it’s something that comes up in Ink: many people have been surprised to find that, in a story about the re-launch of the Sun newspaper in 1969 as a buccaneering tabloid, it’s the proprietor who considers dropping anchor when the spirit of free enterprise threatens to set his moral compass spinning.

I’ve never given it much thought before, but I suppose that sensationalism relies on a fairly rigid worldview for its oxygen – the SHOCKERS! that scream at us in tabloid headlines are deviations from a conventional idea of the norm. But what’s behind the appetite for this sort of story? Do we tell tales of transgression to reinforce our collective boundaries or to challenge them?

For me there’s a close kinship between good journalism and good drama. I’m reminded of the words of John Galsworthy, who wrote Strife, the play I directed last summer, and who felt that the writer should aim “to set before the public no cut-and-dried codes, but the phenomena of life and character, selected and combined, but not distorted, by the dramatist’s outlook, set down without fear, favour, or prejudice, leaving the public to draw such poor moral as nature may afford”.

So when it comes to promoting the thing we’ve made, I’m faced with a real conundrum: on the one hand I want it to reach a wide audience, and I’m flattered that there’s an appetite to hear about my contribution to the process of making it; but on the other hand I think the really interesting thing about the work is contained in the work itself. I’m always struck, in art galleries, by how much more time people spend reading the notes next to the paintings than looking at the paintings themselves. I’m sure that’s the wrong way around.

Insouciant remake

En route to the airport the next morning I read that Doctor Foster is to be adapted into a new French version. It’s a cliché verging on racism, but I can’t help wondering whether the French will have a different attitude to a story about marital infidelity, and whether the tone of the press coverage will differ. I wonder, too, whether, in the home of Roland Barthes, there is as much space given to artists to talk about what they’ve made – in his 1967 essay, “The Death of the Author”, Barthes wrote that “a text’s unity lies not in its origin but in its destination”.

No stone unturned

Touring the villages of Gigondas, Sablet and Séguret later that evening, I’m struck by the provision of espaces culturels in seemingly every commune, however small. The French certainly give space to the work itself. But I also notice a sign warning of a chat lunatique, so decide to beat a hasty retreat. Arriving at the house where I’m staying, I’ve been told that the key will be under a flowerpot. Lifting each tub in turn, and finally a large flat stone by the door, I find a small scorpion, but no key. I’m writing this at a table less than a yard away so let’s hope there won’t be a sting in this tale.

Ink opens at the Duke of York Theatre, London, on 9 September. More details: almeida.co.uk

This article first appeared in the 17 August 2017 issue of the New Statesman, Trump goes nuclear