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JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

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60<br />

After the SCP whale trades became public, some investors and analysts asked JPMorgan<br />

how the CIO traders were compensated and whether their compensation was linked to SCP<br />

profits, 371 but the bank chose not to disclose publicly their compensation levels. The Task Force<br />

did report, however, that it recovered “approximately two years’ worth of each individual’s total<br />

compensation” from Mr. Macris, Mr. Martin-Artajo, and Mr. Iksil, as well as from their<br />

supervisor, Ina Drew. 372<br />

The JPMorgan Task Force also recommended that the bank make it clear to employees in<br />

the future that losses are sometimes expected and, if the losses are a consequence of achieving<br />

bank priorities, will not necessarily reduce compensation:<br />

“CIO management, including Ms. Drew, should have emphasized to the employees in<br />

questions that, consistent with the Firm’s compensation framework, they would be<br />

properly compensated for achieving the RWA and neutralization priorities – even if, as<br />

expected, the Firm were to lose money doing so. There is no evidence that such a<br />

discussion took place. In the future, when the Firm is engaged in an exercise that will<br />

predictably have a negative impact … on a front office employee’s or business unit’s<br />

contribution to the Firm’s profits and losses, the Firm should ensure those personnel are<br />

reminded that the Firm’s compensation framework recognizes that losses (as well as<br />

profits) are not necessarily the measure of success.” 373<br />

(6) 2012 Opens with Order to Reduce RWA<br />

The year began with a decision by bank management to reduce the SCP, but instead, over<br />

the next three months, the SCP exploded in size, complexity, and risk.<br />

According to JPMorgan Chase’s Chief Financial Officer Douglas Braunstein, by the end<br />

of 2011, senior JPMorgan Chase management, including Jamie Dimon and Ina Drew, had<br />

determined that the macroeconomic environment was improving 374 and credit markets were<br />

expected to improve as well, with fewer defaults. 375 The SCP traders also expressed the view<br />

that they were getting “bullish signals” at the end of December, in part because the European<br />

Union had agreed to provide long-term financing to prop up “bank lending and liquidity” in<br />

Europe. 376<br />

As Mr. Braunstein explained to the Subcommittee, there was also less of a need for<br />

371<br />

7/13/2012 “JPMorgan Chase’s CEO Discusses Q2 2012 Results – Earnings Call Transcript,” transcribed by<br />

Seeking Alpha (A question from an unidentified analyst asks “I’m just wondering if in the CIO review there was any<br />

conclusions based on – if incentives were aligned with long-term shareholder interest.”)<br />

372<br />

2013 JPMorgan Chase Task Force Report, at 106. See also id., at 109 (reporting that the bank had strengthened<br />

its ability “to claw back certain equity awards in the event of poor performance by CIO”).<br />

373<br />

Id., at 93.<br />

374<br />

Subcommittee interview of Douglas Braunstein, JPMorgan Chase (9/12/2012).<br />

375<br />

Id.<br />

376<br />

JPMorgan Chase Task Force interview of Javier Martin-Artajo, CIO (partial readout to Subcommittee on<br />

9/6/2012). See also 12/8/2012 European Central Bank Press Release,<br />

http://www.ecb.int/press/pr/date/2011/html/pr111208_1.en.html.

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