Deutsche Bank and the Big Short

The movie ‘The Big Short’ reminds us how the toxicity of Deutsche Bank’s historic activity and culture continue to infect the bank and broader financial system today. Deutsche is the most leveraged big bank in the world, with assets 37 times core equity tier one capital. Half of these assets – $762 billion – are over-the-counter derivatives, the legacy of its growth before the crisis.

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Back to the future

As a former graduate student in physics, I couldn't fail to be amused by the idea that the laws of nature could act to prevent their own discovery. The inspiration for this idea comes from the history of two attempts to engineer nuclear collisions at sufficiently high energies to create the Higgs boson "“ the…

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CDO: solution or scam?

On 28 September 2009, a significant development occurred in the post-credit crunch legal reckoning. After eighteen months of transatlantic legal wrangling, Germany's HSH Nordbank was given the green light by a New York judge to proceed to trial in its case against Swiss giant UBS over what it alleges was a mis-sold collateralised debt obligation…

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Barclays CDOs in Ruritania

With its plume-helmeted soldiers and a ban on outsiders marrying elderly citizens for money, there is something of a comic opera quality about San Marino, the micro-state located on a hilltop near the Italian town of Rimini. Yet for Italian authorities, there is nothing comic about San Marino, whose website proudly talks up the principality’s banks as being beyond the reach of jealous Italian taxmen.

Last week, the Italian authorities struck back. Prosecutors in Bologna arrested the chairman, chief executive and other senior management of San Marino’s biggest bank, CRSM. Meanwhile, the Bank of Italy seized control of CRSM’s Bologna-based subsidiary Delta, which is one of Italy’s top dozen consumer finance companies.

While the Bank of Italy press release accompanying the seizure talks about flaws in San Marino’s money laundering controls, the ostensible reason for taking control of Delta was that CRSM had used hidden stakes to enjoy 100 percent ownership of Delta – which the Bank of Italy had expressly forbidden in the light of its money laundering concerns.

However, what the Bank of Italy release did not mention was how CRSM obtained financing for Delta’s €4.5 billion balance sheet, which grew sixfold between 2003 and 2007. An ongoing dispute in London’s High Court has shed light on how credit derivatives were used to achieve this, out of sight of the Italian and San Marino regulators, with about €700 million of the financing provided by Barclays Capital.

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Corporate Nannies

Risky Finance Do investment banks owe a duty of care to their corporate customers---in a similar way that they do to widows and orphans? Or should the principle of "caveat emptor" remain sacrosanct? The issue is central to two lawsuits recently filed in London. In one, an Italian company lost its shirt after buying an…

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