More On Legal & Compliancefrom The Advisor's Professional Library
- Privacy Policies and Rules Whether an RIA is SEC or state-registered, the firm must have policies and procedures in effect to protect clients privacy. Policies and procedures should explicitly require an RIA to send out its privacy notice each year.
- Disaster Recovery Plans and Succession Planning RIAs owe a fiduciary duty to clients to prepare for disasters and other contingencies. If an RIA does not have a disaster recovery plan, clients financial well-being may be jeopardized. RIAs should also engage in succession planning, ensuring a smooth transaction if an owner or principal leaves.
The 2010 verdict by a French court finding Jerome Kerviel solely responsible for Société Générale's trading losses of 4.9 billion euros ($6.34 billion) in 2008 was upheld Wednesday by a Paris appeals court.
Bloomberg reported Wednesday that the decision by Judge Mireille Filippini upheld the earlier verdict, which found that Kerviel was guilty of abusing SocGen’s trust, faking documents and entering false data into the computers.
Kerviel had argued that the bank was aware of the actions he took beyond his authority, and further, was scapegoating him for its 2008 subprime mortgage market loss—one of the largest in history. The loss was so massive that it obliterated nearly two years of pretax profit at the bank’s investment banking unit.
In his quest for exoneration, Kerviel changed his defense lawyers and even filed criminal complaints against SocGen prior to the appeal hearings. As the appeal went forward, his lawyers asserted that the bank had used Kerviel, letting him make unauthorized trades to hide its jeopardy from the subprime mortgage market in the U.S.
In response, SocGen charged defamation and the judge actually argued openly with Kerviel’s lawyer, David Koubbi. At one point, citing his treatment of witnesses, the judge threatened him with action from the bar association.
Koubbi was quoted saying after the ruling was issued, “We strongly defended Jerome Kerviel and despite the new elements that we brought forward, nothing changed their mind. We will continue to defend him against what has been a great injustice.”
The prosecution asked Filippini to raise Kerviel’s sentence from the three years cited in the 2010 verdict to the maximum of five years.