REMAKING CULTURE ON WALL STREET A Behavioral Science Approach for Building Trust from the Bottom Up HENRY ENGLER Remaking Culture on Wall Street Henry Engler Remaking Culture on Wall Street A Behavioral Science Approach for Building Trust from the Bottom Up Henry Engler Thomson Reuters Regulatory Intelligence New York, NY, USA ISBN 978-3-030-02085-9 ISBN 978-3-030-02086-6 (eBook) https://doi.org/10.1007/978-3-030-02086-6 Library of Congress Control Number: 2018959737 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover image: © Oleg Korshakov/Moment/Getty Author Photo by Alistair Duncan This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Acknowledgements There is a lot to go around. First, the book would not be possible were it not for the opportunity afforded to me by Thomson Reuters to write about financial regulation and the problems of conduct and culture over the past five years. To that end, special thanks to my editor Randall Mikkelsen, and our global editor, Alexander Robson, both of whom who provided support, encouragement and the flexibility to complete the project. Other colleagues at Thomson Reuters include Dave Curran, Mark Harrop, and Alex Ferrill, for helping to shape our public forums and roundtable events. These were tremendous learning experiences, and great opportunities to bring together industry leaders, regulators, and experts in the field. On the receiving end, Tula Weiss and Jacqueline Young at Palgrave Macmillan have been terrific to work with. Their patience and guidance through the publishing process have been invaluable. I’m very grateful for all their hard work. In the academic word, a special thanks to Malcolm Salter at the Harvard Business School. Our numerous conversations on culture in financial ser- vices, particularly at the early stage of my thinking, helped to form a foun- dation that led to the project. Also, thanks to Eugene Soltes at HBS for providing his own thoughts on what drives otherwise good people to do bad things in financial services. The book would not have seen the light of day were it not for the gen- erous support and help of many at the Federal Reserve Bank of New York, in particular, Bill Dudley, who kindly provided time for a lengthy interview on these issues. His insights and steadfast commitment to reforming culture have been an inspiration to further the cause. Also, many thanks to Michael v vi Acknowledgements Held, Tom Noone, James Hennessy, Jack Gutt, and Andrea Priest for their support and help to facilitate conversations. A great debt of gratitude goes to Thomas Baxter who, while at the New York Fed, joined our initial confer- ences on culture, giving our clients his insights into a complex issue. In thinking through how to take the concepts of behavioral science and apply them to conduct and cultural issues at banks, the Dutch National Bank has been at the forefront of this effort. My conversations with Wijnand Nuits at the DNB helped to further my understanding how behav- ioral science can be applied in bank supervision. His willingness to help and provide additional information on the DNB’s philosophy is truly welcome. Lengthy conversations with Mirea Raaijmakers, a former DNB supervisor, as well as Wieke Scholtens and Shweta Pajpani at RBS in London, provided the book with the nuts and bolts of how to operationalize behavioral sci- ence. Many thanks to all of you in helping shape my thinking and recom- mendations. There are others in the industry who deserve thanks for their interest and support. They include Azish Filabi, Una Neary, P. J. Dearden, Sally Dewar, Henry Kaufman, Stephen Scott and Steven Mandis. In addition, many thanks to Moritz Romer of the DNB, Orlando Fernández Ruiz of the Bank of England and Mikael Down of the Banking Standards Board for their recent participation in our public forums. Regarding the writing process, thanks to Kevin Lennon, who made the early mornings on the 8th floor of NYU’s Bobst library more bearable through his humor and banter. Thanks also to the librarians at Fairfield University’s DiMenna-Nyselius library for the early morning greetings while unlocking doors. Finally, a tremendous thanks to Regina, Marina, and Matthew for putting up with all of this and listening to my endless stories, many of which I no doubt repeated several times. And lastly, to my dad, Henry. Your never-ending interest, support and energy are an inspiration to us all. September 2018 Henry Engler Contents 1 Introduction 1 2 The Financial Crisis: The Culture Problem Emerges 7 3 Culture and Organizational Size 37 4 Global Regulators: Limits on What They Can Do 47 5 Enforcing Culture: Criminally Based Compliance 59 6 Behavioral Science: From Theory to Practice 67 7 U.S. Regulators: Requiring Behavioral Risk Teams 85 8 What Is Finance For? 93 Index 99 vii 1 Introduction In the early months of 1980, Ivan Boesky & Company, a Wall Street risk arbitrage firm, offered me a job. I was in my senior year at NYU’s College of Business and Public Administration with only a few months to go before graduation. My major was economics, and to secure a job after graduation, I began applying to various financial firms. Boesky & Company responded to my overture and invited me to their offices at 77 Water Street in down- town Manhattan in early February. I was ecstatic. I had followed Boesky closely and became intrigued with the practice of risk arbitrage, essen- tially the purchase or sale of securities that are considered mispriced, often because of some looming change in a company’s ownership or structure, and which usually manifests itself in the form of a takeover. Boesky was one of the Street’s most successful arbitrageurs, who along with Robert Rubin at Goldman Sachs, Guy Weyser-Pratte at Pru-Bache, and Richard Rosenthal at Salomon Brothers became known as the “Four Horsemen” of Wall Street. It was a lucrative business, but what attracted me most was the opaque nature of risk arbitrage and what would appear to be a combination of intellect, timing and chance. Boesky and his competitors were the masters of this arcane corner of finance, deftly placing and removing their bets just at the right time to reap enormous profits. The skill that lay behind this practice filled me with both awe and curiosity. When I applied to Boesky’s firm I had little hope that they would respond. It was a long shot in my view, but one worth taking, and as a 21-year old from Brooklyn I reckoned I had nothing to lose. When I arrived at their Water Street office on a blustery February morning, I was ushered © The Author(s) 2018 1 H. Engler, Remaking Culture on Wall Street, https://doi.org/10.1007/978-3-030-02086-6_1 2 H. Engler into a tastefully decorated office, with forest green wallpaper, gold-framed paintings of pastoral landscapes, and antique-looking furniture that echoed a distant period in finance. The room was bathed in a soft glow from sev- eral lamps stationed in various parts of the room. In the center was a well- polished wooden desk, with curved legs and no draws or cabinets below. It could have easily been sitting in someone’s study on upper Park Avenue. It was a desk for reading, thought and contemplation, or writing letters long- hand to distant relatives abroad. It was far removed from any trading room on Wall Street. The whole setting gave me the sense of polish, seriousness, and probity. After a few minutes a gentleman of around 40 years walked into the room and introduced himself. His title and name now escape me, but behind his horn-rimmed glasses, receding hairline and expensive shirt and tie, emerged what at the time I could only describe as a WASPish type of character, one that I had rarely come across as a youth growing up in New York City, but now realized that through the various canyons of Wall Street I would run into such polished and urbane individuals quite frequently. He spoke in a direct, yet soft manner, without any discernible regional accent. He had a serious demeanor about him as he reviewed my resume. When he looked up he asked a few questions about what I wanted to do in the future, and after replying something along the lines of wanting to apply my NYU degree to better understanding financial markets, he said: “I’d like to offer you a position.” Just what that position was I also don’t now recall, but what I do remember is being startled beyond belief. The thought that I might go to work for Ivan Boesky was beyond the realm of my reality. It was as though I had hit the jackpot. I was elated, and the thought of coming to work every day after graduation at this storied firm was more than I could have hoped for. There was just one catch. “We need you to start now,” said the bespec- tacled financier in his calm and cool manner. “Start now?” I asked. “Yes. We can really use someone like you right away.” I can now imagine the look on my face was probably one of confusion mixed with anxiety, and after gather- ing my composure I asked whether I might have some time to think about it. The answer was I had until tomorrow. Riding home on the subway after the interview I found myself con- fused and depressed. Why now? What could be so urgent? Couldn’t they wait a few months until I graduate? Why the rush! It was a devil’s bar- gain, I thought. Perhaps they were testing me, trying to see how much I wanted it; the cut and thrust of risk arbitrage at one of the top firms on the Street. Anyone else would jump at the chance. School? Graduation? That could wait, others might say. A job offer from Boesky? Where do I sign? 1 Introduction 3 When I arrived home I told my parents about what just had happened. A puzzled look also came over their faces. But your education? Do you want to throw it all away? Of course not. They had sacrificed a lot to send to me to NYU, which even at that time was not a cheap place to get an education. I had done well and enjoyed my studies. I had come across a wide range of professors, from Marxists to free-traders to the Austrian school of econom- ics. I was ready for the real world, so I thought, but not for this. Not for a decision where I had to weigh the risks carefully on both sides. I turned down Boesky’s offer, and within a few months of gradua- tion I landed a job as a research assistant in the economics department of Chemical Bank, which at the time stood on the other side of the Chase Manhattan Plaza from the Federal Reserve Bank of New York. During the job interview the clincher seemed to be when I said I admired the writings of Friedrich von Hayek and his strong anti-socialist views; how society must be free to arrange itself lest it avoid the slippery slope of excessive govern- ment intervention. Little did I know that my interviewer was an economist who adored Hayek; a political conservative who was only too happy to offer this young man a job. The following 12 years were some of my most enjoyable in the financial industry. I had great mentors who taught me how to understand monetary policy and the workings of the U.S. economy. I advanced quickly to a sen- ior economist role, and by the age of 28 I was on the bank’s trading floor explaining the actions of the Federal Reserve in the open market to traders, salespeople and their clients. It was an exciting time, particularly given that one had to interpret the Fed’s actions in the U.S. government securities mar- ket in order to understand whether they were easing or tightening monetary policy. The most challenging and frightening point during that period was the stock market crash in October 1987. No one knew what to expect fol- lowing the dramatic 508-point plunge of the Dow Industrials. All we could tell our traders and clients is that the Fed had to open the monetary flood- gates. It did, and what many of us thought would be the onset of a major depression was averted. Yet, around the same time something else happened that opened my eyes to the workings of the real world. Timothy Tabor was a star trader on Wall Street, working at Kidder Peabody, when Chemical Bank decided to hire him in 1986. He was a risk arbitrageur, a business the bank decided it wanted to get into. When Tabor, a tall, lean, good-looking guy arrived on the trading floor he ingratiated himself to all the female staffers by having a bouquet of red roses delivered to each of them. Many of us didn’t know what to make of this grand ges- ture, but the women loved it. He had a certain star power. He was different.