Speaking at his six-bedroom home in
Weybridge last night, Mr Tinney said: ‘I’m sorry but I shouldn’t be
having this conversation with you. Can you speak to the company?’
The
investigation which he tried to cover up in March last year was
triggered after regulators found ‘deficiencies’ in the New York
division, Barclays Wealth America (BWA).
However
the problems pervaded the entire Wealth division, which is based at
Canary Wharf in London, according to one member of the inquiry team.
Compiled
by consultancy firm Genesis Ventures, the report said: ‘The current
leadership team have pursued a course of “revenue at all costs”, taken a
conscious decision to ignore support functions, reinforced a culture
that is high risk and actively hostile to compliance, and ruled with an
iron fist to remove any intervention from those who speak up in
opposition.
‘Management
consciously failed to invest in necessary technology, people and
safeguards that it knew it needed, leaving these areas understaffed,
under-skilled, under-supported and in disarray.
‘A conscious choice was made to
ignore compliance until an issue was raised by the regulators – actively
inviting intervention. There has been a total lack of accountability by
the senior team.
‘Management
have created a culture of dominance and fear that has removed
escalation of issues [the reporting of concerns up the management chain]
and created a siloed organisation with serious flaws. Issues do not
flow up but are buried, stopping any solution ever coming to light.
‘This
culture immediately removes anyone who opposes Mitch [BWA managing
director Mitch Cox] and his team or who expresses dissent in any way…
and prevents any counterbalance to the “revenue at all costs” strategy.’
One
banker questioned by the investigators said: ‘When I reported a
compliance issue to a member of ManCo [management committee], I was
told, “I don’t have time for this bull****.’ Another said: ‘When we
presented the risk report, [an executive] said “This is a piece of s***”
– and threw it across the room.”’
One
senior manager is accused in the report of being ‘incredibly defensive’
and of failing to take regulatory issues seriously. Another executive
is said to have been determined to stop the inquiry team from gathering
information. This individual, the report says, was regarded by
colleagues as a ‘key contributor to the current culture of fear’.
Blue in the face: Protesters dressed as suited
eagles on Barclays cycle hire bikes demonstrated outside the Royal
Festival Hall last year
In one of the most devastating
sections of the dossier, the consultants say: ‘The senior team portray
themselves as all-powerful and all-knowing… and people chose to disagree
with them at their own peril. It is a mentality of superiority which,
when combined with other deficiencies, stops the team from tackling
their blind spots. When those deficiencies are in compliance, this
results in serious issues that no one else has the power to address.’
The
report adds: ‘Stories circulate of individuals who have been fired
because they brought issues to the management’s attention. It is
culturally acceptable at BWA, from the top of the organisation down, to
ignore, put off, and even deride risk and compliance issues.’
Mr
Tinney had commissioned the report after regulators at the US
Securities and Exchange Commission found ‘deficiencies and weaknesses’
in BWA’s compliance with federal banking laws in 2011. Two investigators
from Genesis Ventures interviewed more than 50 BWA employees as part
of the inquiry.
When the process was complete, Mr Tinney arranged to have the report biked to the exclusive Surrey estate where he lives.
Apparently
horrified by its contents, Mr Tinney fed the document into a shredder,
then denied all knowledge of it ever having existed. However, the
astonishing saga did not end there.
In
September, an anonymous whistleblower, thought to be a Barclays
insider, contacted chief executive Antony Jenkins and then chairman
Marcus Agius, describing the culture within the Wealth division as
‘deeply flawed’ and asking them to look into the mystery of the
disappearing report.
After two emails from the
whistleblower, Barclays asked City law firm Simmons & Simmons to
launch a new investigation, which was dubbed ‘Project Helium’.
Simmons lawyers were given access to more than 60,000 documents and emails held on the Barclays computer system.
The
law firm concluded that Mr Tinney had failed to tell his own bosses and
US regulators about the Genesis Ventures report, even when asked
directly about it.
The
Simmons report, which has also been seen by The Mail on Sunday, says
Genesis ‘communicated some or significant parts of the evidence they
gathered, their key findings and their recommendations… to senior
employees in Barclays Wealth’ in April and May last year.
Among
the executives who were made aware of the report’s explosive contents
were Barclays Wealth chief executive Tom Kalaris and head of the US
operation, Mitch Cox.
Yet
five months later, there were further signs of a cover-up in the
drafting of a letter to Mr Jenkins, who by then had been alerted to the
existence of the Genesis dossier by the anonymous whistleblower.
The memo was from former bond trader Mr Kalaris, but the Simmons report said Mr Tinney played a ‘leading role’ in writing it.
In the final version, Mr Tinney
removed the sentence ‘Genesis Ventures was retained to conduct a
Compliance Culture Audit of BWA’ and replaced it with a phrase
suggesting that the consultants had only undertaken ‘data-gathering
interviews’.
Simmons also says Mr Tinney
failed to inform US regulators of the existence of the report, even
after the Federal Reserve, the US central bank, asked BWA for a copy.
The Simmons report is now in the hands
of the Financial Services Authority, which is considering what action
should be taken against Barclays.
Last
week Mr Jenkins told the bank’s 140,000 staff that bad behaviour would
no longer be tolerated, saying: ‘We must never again be in a position of
rewarding people for making the bank money in a way which is unethical
or inconsistent with our values.’
The
bank said last night that Barclays Wealth customers had not suffered
because of the cultural problems, and reiterated Mr Jenkins’s message to
staff, saying: ‘We acknowledge that there is a need to change culture
across Barclays in all areas of our business, and we have set out a plan
to do so.’
The spokesman
said Mr Kalaris had not known about the Genesis report until the recent
investigations, adding that the note from Mr Kalaris to Mr Jenkins had
been ‘misleading’ but had relied on Mr Tinney’s account of events.
The
bank also said that while the Genesis report had not been given to Mr
Kalaris or other managers, concerns about the culture had been relayed
to him in April last year and he had ‘initiated a broad programme for
addressing those findings, which is still continuing’.
Last night, Business Secretary
Vince Cable said: ‘This report confirms in rather graphic language what
was widely believed to be the highly unethical corporate culture in
Barclays until very recently.
‘I
do applaud the commitment of Barclays’ new chief executive Antony
Jenkins who has made it clear that he wants the bank to turn its back on
this very damaging culture that brought the banking industry into so
much disrepute.’
Labour MP
John Mann, a member of the Treasury Select Committee, said: ‘This is
another sign of Barclays’ willingness to pursue profit at all costs.
‘How much will they be clawing back from the bonuses that Mr Tinney and his former colleagues received in previous years?’
Mr
Jenkins took over as chief executive from swashbuckling American Bob
Diamond, who was forced to resign last July after the bank was fined
£290 million by regulators in the UK and US for the role it played in
manipulating the key inter-bank borrowing rate Libor.
Barclays
is also caught up in the misselling of Payment Protection Insurance,
for which it has set aside around £2.5 billion in potential
compensation. It has hired Sir Hector Sants, a former chief executive of
the Financial Services Authority to oversee its new ethical regime.
Mr
Tinney, became chief operating office at Barclays Wealth in September
2009. He joined from Deutsche Bank where he spent six years as chief
financial officer for its Asia Pacific region and later for the UK.
He
lives with his 42-year-old designer wife Cherie and their two children
in the home he brought for £4 million in March 2008. It is on a private
road, protected by security guards. The couple married in 2001 at
Highclere Castle, the Berkshire stately home where Downton Abbey is
filmed.
Brokers lived in fear of the New York boss who ruled with 'an iron fist'
The world of investment banking is not known for its meek and mild characters.
But
the colourful cast of high-powered executives in charge of the Barclays
Wealth operation in America were in a macho universe of their own.
Staff
at 200 Park Avenue, the Manhattan building where the British bank’s US
operation is based, had to endure a ‘culture of fear’, according to
independent consultants who conducted dozens of interviews with
employees. They felt unable to raise their concerns with management, and
this sense of unease even extended to the bank’s compliance team, whose
job is to ensure that regulatory rules are observed.
Under strain: A Barclays worker in the US, not implicated in the new scandal
Staff quoted in the Genesis
Ventures report paint a vivid picture of a business where ‘bullying and
intimidation’ were commonplace. The interviews took place in New York,
but the global Barclays Wealth operation is run from London, and the
consultants made clear that they thought the problems within the
organisation extended to the top of the management structure at Canary
Wharf.
The central
figure in the Manhattan operation is Mitch Cox, a former Merrill Lynch
banker who appears to have brought a number of colleagues with him when
he joined Barclays in 2009.
As managing director of ‘global investment and products’ he reported directly to Barclays Wealth chief executive Tom Kalaris.
One
banker said: ‘Mitch rules with an iron fist – he has no ability to
listen.’ Another commented: ‘I know of several cases where good people
have left because of bullying and intimidation by Mitch and his tribe.’
Central figure: Global investment chief Mitch Cox
Normal working practices virtually came to a halt, according to many.
‘A
lot of people are afraid to make decisions. If you fear you will be
punished you won’t make a decision,’ said one staffer. Another
commented: ‘When there is a problem, management say, “Give me a name.
Who made this decision?” ’
‘The
management team are quick to make scapegoats,’ said one source. Some
staff believed the only way forward was for Mr Cox to be removed:
‘Taking Mitch out was the desired course of action by many interviewed,’
the report concluded.
Despite
the criticism, the consultants said that Cox was a skilled banker and
if ‘checks and balances’ were in place he could be valuable to the
group.
Worryingly for a
business where managing risk is critical, one banker told the inquiry
team: ‘When we presented the risk report, [a manager] said, “This is a
piece of s***” and threw the report across the room.’
The
aggression and intimidating attitude of some bosses compounded what the
consultants felt was a weak compliance team in the New York office.
‘The department is in disarray,’ said one Barclays Wealth banker. ‘They
are nervous and lack a strong leader.’
According to another, the compliance team was ‘not strong enough to deal with the dominant . . . fear culture’.
Consequently
there was a general reluctance to raise concerns with senior
management and serious problems were not addressed, even though US law
gives whistleblowers protection from victimisation and recrimination by
employers.
Mr Kalaris
said last night: ‘The criticism of Mitch Cox in the Genesis Ventures
work was a snapshot of opinion at a particular point in time from a
small sample.
‘To be
clear, the recommendation of the Genesis Ventures team was that he
should stay with Barclays and play a big part in solving the cultural
issues which had been identified. That is precisely what he has done,
and I have full confidence in his leadership.’
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