Wednesday, January 30, 2013

Infighting at The Bank of Montreal - behind the scenes


Sometimes a little inter-departmental tension can help keep people on their toes.   At the Bank of Montreal (The Bank) the battle was fought between stressed out Traders who made and lost millions and number crunching analysts who tried (and failed) to protect it. 

As the man in charge of the Traders it was Bob Moore’s (Bob) job to fight off any restrictions that Market Risk tried to impose.  Even though they fought almost weekly, Market Risk’s Murray McIntosh (Murray) admitted that Bob was good at his job.  According to what Murray told the FBI, Bob was always aggressively pushing for higher trading limits.  Murray was also responsible for selecting the data sources that Market Risk used to track how the Traders were doing. Here again Bob steamrolled over Murray’s authority and insisted that that Market Risk use quotes from brokerages that Bob’s group traded with rather than consensus quotes from sources that were independent of The Bank.

Point/ counterpoint: Bob feared that sending his prices out for consensus quotes would expose them to the market. Bob argued successfully that this unnecessary exposure would hinder his team’s performance and profitability.  Murray claimed that any broker’s view of the market was influenced by the trading that brokerage did with The Bank.  Murray and fellow Market Risk analyst Patrick Cronin (Pat) found the notion that brokers were capable of providing quotes that were independent of The Bank laughable.  Since The Bank’s trading was the very lens through which the brokerages saw the market, ‘independence’ from the bank simply was not possible (in the opinion of the Market Risk team).

From 2003 until 2006 Bob’s profits trumped Murray’s authority to select the data source.  Murray later lamented to the FBI that every time he raised the issue with upper management they would just look at him and Bob and then shake their heads, not knowing who to believe.

Murray’s believability got a boost though when he told The Bank’s upper management that Bob’s group was losing money and that he suspected one of Bob’s Traders David Lee (Dave) of deliberately adjusting his prices to hide millions of dollars in trading losses.  Murray suspected that Dave was “adjusting the skew" of his OTM options (out of the money options) while still reporting accurate prices for his ATM options (at the money options).  ATM options are more widely traded than OTM options, so the fear was that Dave might be hiding losses in exactly the places where reliable market data was scarce. 

In brief, here’s what happened next:

1)    Market Risk brought in a lot of smart people who were sophisticated in the type of trading that Bob’s group did.
2)    At the beginning of the investigation, it appears that Dave was given the benefit of the doubt. After all, given the risky nature of what The Bank employed Dave to do, the ebb and flow of millions in profits turning into millions in losses came with the territory. 
3)    As they became more certain that Dave was adjusting his prices they also began to wonder if Bob knew about the deception.  
4)    Something that surprised Market Risk was that as the investigation progressed and the tables began to turn on Bob, he became even more arrogant.  He began demanding higher trading limits on a portfolio that was already (according to Market Risk) staggeringly huge.  What’s more, rather than conceding to the use of consensus quotes Bob continued to insist that Market Risk use broker quotes that they openly and vocally mistrusted.
5)    Bob’s swagger and bullying tactics stopped working. Upper management instructed Bob to lower the risk in the portfolio and Market Risk got authorization for their consensus quotes. 
6)    Bob and Dave did lower the risk in the portfolio, but they did it in a way that Market Risk felt was just gaming the system.
7)    In what may have been a concession to Bob, upper management signed off on a new reporting service from brokerage firm Optionable called Real Marks.  Real Marks was still broker based but according to Optionable’s CEO Kevin Cassidy (Kevin) it provided a wider lens into the market than Optionable had been able to provide previously.  Murray questioned Kevin as to how many other brokerages Real Marks could see and Kevin replied that it could see all of the majors with the exception of Goldman Sachs.
8)    In January 2007 when Market Risk compared quotes from Optionable’s Real Marks to the consensus quotes they had wanted for so long, both sources found similar discrepancies in Dave’s portfolio.
9)    The investigation wrapped up.  Market Risk wrote up a report that convinced everyone who read it, from upper management to Bob himself, that Trader David Lee had been hiding losses by adjusting the skew of his OTM options.

The Cover Up:
When it came time to explain all of this to their investors and Government Regulators The Bank hired a crisis management / public relations firm called DKC. The strategy DKC came up with was named “Blame Optionable”.  The ‘Blame Optionable’ campaign linked The Bank’s trading losses to the ‘non-independent’ reports it received from Optionable.  Even though Optionable's reports were consistent with the 'independent' reports, The Bank claimed that the auditors they hired were seeing 'the largest discrepancies that they had ever seen'.  The next day Optionable’s partner NYMEX (now a part of CME group) announced that it was launching a service with Optionable’s competitor.  And to seal the deal, Oops.... it was reported in the press that Optionable’s CEO had a criminal record. Optionable ceased generating revenue within days. When the smoke cleared, The Bank launched a lawsuit seeking monetary damages from Optionable. 

Disclosure: I am an Optionable shareholder. (symbol OPBL.ob)  This blog does not offer advice about buying or selling any security.  A good portion of what I have written about in today's post was found on Pacer in exhibits to Defense's 9/17/12 letter opposing The Bank's request for restitution. Given my bias as an Optionable shareholder I encourage you to read the original documents for yourself here:

Tuesday, January 15, 2013

Bank of Montreal Silent on "What was Supposed to Happen?



“What happened?” and “What was supposed to have happened?”  Those are questions both Judge Griesa (in the criminal case) and Judge Daniels (in the Civil cases) have expressed and I share their curiosity.  Now you might think that I’m quibbling, but the Bank of Montreal (The Bank) told investors back in 2007 that they were conducting a “full external review” into “What Happened” and my impression after reading the transcripts of Ed O’Connor’s deposition is that The Bank didn’t get around to actually asking “What Happened” until October 2012.  (Time elapsed from 5/8/07 to 10/17/12 is 1,989 days…. Hope you weren’t holding your breath waiting for The Bank to complete its review into “What Happened”) 

I wasn’t born a nit-picking ‘process guy’, but if you've read this blog for a while, you might have noticed that I have become one.  Banks, by the way, are Process Driven Institutions.  Most of the case studies I've read in Process related text books were all about banking.  I'm pretty sure that the average Process person at a bank could plot Process circles around a mostly intuitive, late bloomer Process guy like me.  OK, so why am I telling you this? 

Here’s why.  The Bank has never produced any type of documents showing “What was Supposed to Happen”  They cry: “Our employee defrauded us – and your guy helped him”.  Well, excuse me Mr. Large Canadian Bank , but Boo Fucking Hoo!!! Show me the Process Flow of “What was Supposed to Happen” and THEN we can sit down and honestly assess if “What Happened” violated your process or not.  I mean – I hope my point is getting across here – because for The Bank to imply that there isn’t a painstakingly detailed process flow diagram for the management of billions of dollars in “the riskiest investment in town” (the same stuff that Amaranth Advisors and Mother Rock both blew up on) simply HAS TO BE a lie.  And if for some reason it isn’t a lie – then Holy Mother of God - - why hasn’t this cowboy outfit been shut down already? 

While The Bank’s lawyer Anne Beaumont and I are on different sides of this dispute, I do respect her interrogation of Optionable’s Ed O’Connor and think she did a good job of drawing out of him “What Happened”.  My observation from reading the transcript however is that much of what Mr. O’Connor told Ms. Beaumont about “What Happened” came as news to her.  Despite 5-plus years of running a “full external review” it seems that no one from The Bank ever checked in with anyone at Optionable about “What Happened” before handing the task over to Ms. Beaumont.  To illustrate my point, while I can say that Ms. Beaumont came to the deposition armed with plenty of documents intending to show how Mr. O’Connor was liable for the actions taken by his company Optionable, she didn’t have a single one that showed how O’Connor’s version of “What Happened” violated ANYTHING in The Bank’s process for “What was Supposed to Have Happened”.  As an Optionable shareholder, I think that is a solid victory for us.

That’s the end of my rant.  If you’re still reading, here are a few other highlights that I pulled out of O’Connor’s deposition testimony.  

• O’Connor identified not 1 but 4 different reporting processes that Optionable followed between 2003 and 2007.

• All of Optionable’s processes were based on instructions received from The Bank. (specifically from The Bank’s trader David Lee)  At no time did anyone from The Bank ever contact Optionable with instructions that contradicted Lee’s instructions or indicated in any way to Optionable that Lee’s instructions were anything other than The Bank’s authorized instructions.

• All of the Bid/Ask quotes that Optionable received originated from The Bank’s trader David Lee. Allow me to repeat that - All of them. No one from The Bank ever sent Optionable Bid/Ask quotes to review that were ‘independent’ of Lee.  (Having the quotes be ‘independent” of Lee was supposedly an important point for The Bank – so this detail is confusing to me) 

• The Bank never paid Optionable for the reports, even though preparing them took a considerable amount of time away from Optionable’s revenue generating activities. (as the reader of this blog, you may not care about this point, but as an investor in Optionable, I’m like….. you’re telling me that The Bank destroyed my investment over these stupid reports and my company never even got paid for the time spent preparing them!?!  I guess that’s not a legally binding argument, but it is adding insult to injury.

• When the Back Offices of other clients didn’t agree with numbers O’Connor sent to them, those Back Offices called up O’Connor to complain.  According to O’Connor, no one from The Bank’s Back Office ever made such a call.  This tells me that the numbers in the reports were somewhat subjective, and that over time reasonable people would at least occasionally disagree about them. For reasons I do not understand, The Bank’s Back Office never objected to any of the numbers.  Why?

• David Lee’s portfolio at The Bank was large and complex.  It included financial instruments that David Lee did not trade through Optionable. In preparing its reports, Optionable did not comment on Lee’s Bid/Ask quotes on financial instruments that the firm did not trade.  Process-wise this detail opens a potential communications gap.  If The Bank’s Back Office thought Optionable reviewed Lee’s entire set of quotes, but the process was only to review quotes Optionable traded (and leave the others unchanged) then that goes a long way towards explaining the disconnect between what The Bank “Thought was Happening” and Optionable’s version of “What Happened” . (See my other blog post “6 years later – what if it all was a simple misunderstanding?” here.

Closing thoughts:  As an Optionable shareholder it is my opinion that The Bank knew that they were bluffing when they launched their 2007 “Blame Optionable” campaign and to this day The Bank is unable to answer “What was Supposed to Have Happened” 

Resources:
O'Connor'sDeposition File #1
O'Connor'sDeposition File #2
Blog post I wrote about Kevin Cassidy's deposition

Disclosure: I am an Optionable shareholder.  This blog does not offer advice regarding buying or selling any security.  

Wednesday, January 9, 2013

The Bank of Montreal and Optionable

6 years later – what if it all was a simple misunderstanding?

 

Duck or Rabbit?

Back in 2007 when the Bank of Montreal alleged that reports from Optionable were linked to the Bank’s trading losses, they set off a long and protracted series of litigation, which in my opinion as an Optionable shareholder, sent an innocent man to jail (on a plea bargain) and forced an up and coming brokerage firm (Optionable) out of business.
 
Despite all the litigation, what if a lot of this was triggered by a simple misunderstanding?

In his 2012 deposition testimony, Optionable’s Ed O’Connor stated that when preparing the reports that BMO believes defrauded them, the process was to only review financial instruments (products) on David Lee's list that Optionable actually brokered on a regular basis. The products Optionable didn't broker - they left alone - and returned those quotes to BMO unchanged. To my knowledge, this detail about the process has never been made public before, and for me anyway, it changes the way I'm looking at the overall picture of what happened.  

Reading through O'Connor's deposition testimony, it seems to me that brokers from Optionable performed their review in a manner consistent with BMO’s expectations (including changing Lee's quotes when variations existed)  BUT – they only reviewed the products on the list that they actually brokered.  This makes sense because those were the products that Optionable had a basis from which to provide the Bank with a professional review.  As for the products Optionable didn't broker, O’Connor said it was his belief at the time that BMO had other sources looking at those quotes.

Based on O'Connor's testimony, I have a theory about what happened.  My theory is that for reasons we do not fully understand, (most likely including poor process definition and a general lack of communication) the people in the Bank’s Back Office assumed that Optionable was reviewing David Lee’s entire list rather than just the products they brokered.

If this is what happened, it would explain why the Bank feels justified in accusing Optionable of “regurgitating” and “U-Turning” David Lee’s Bid/Ask quotes, while Optionable insists to this day that they provided BMO with accurate reports.  I have a hunch that you will find a near perfect match between the quotes the Bank claims Optionable “regurgitated" and "U-Turned" and the quotes Optionable sent back to BMO unchanged because those quotes were for products that Optionable did not broker.

My theory also reveals an opportunity through which David Lee may well have mismarked his Bid/Ask quotes on products he knew Optionable did not broker and felt some confidence that they would pass through Optionable’s review without being challenged.

My theory does not prove that David Lee mismarked quotes, but it does show a path through which he could have. It also shows how he could have pulled off such a scheme without any consent or cooperation from Optionable.

It saddens me to think that I may actually be right, when I consider all the time lost and opportunity squandered had only a neutral party, such as NYMEX (now part of The CME Group) stepped in as a mediator to clear up the miscommunications.  I strongly believe that all of the people at Optionable and most of the people at BMO were honest people trying to do their jobs honestly and ethically.  It's a shame if a simple misunderstanding derailed them.

Disclosure: I am an investor in Optionable.  This blog does not offer advice on buying or selling any security.