banking law

Prof Harper`s view

Clearly the FCA do not understand banking Practice and Law.

Your case was pivotal and permitted wholesale theft by IP and bankers of customers assets.

A watershed in banking history.

Legalised theft by buccaneers.

Not legitimate banking practice.

Lies, are NEVER ACCEPTABLE from any bankers or Regulators.

Judges have to wise up and realise that organised crime by bankers and regulators is unacceptable at any time.

Unfortunately the plethora of evidence is to the contrary.

Organised Crime wins.

The Law is fixed to permit bankers to hide their deceit and lies.

Probus et Fideli is vital for banking to continue in this country.

Prof Nigel Harper


Fraud Presentation

Supplemental Paper

Author

Nigel J D Harper FCIBS, Chartered Banker, MBA-Banking, FCIB, ACIB, CeMap

Independent Retail Banking Specialist and Examiner for Retail Banking Academy International.

1.       Never in my 48 years career in banking have I witnessed such a culture of lying, fraud and deception undertaken and supported by Chairman, both past and present, and their Boards.

2.       Lying in any walk of life whether it is the Judiciary, Police, Parliament, Regulators and Business is totally unacceptable.

3.       I was brought up to tell the truth.  What we have today is blatant criminal fraud.

4.       Lloyds and RBS Chairmen and their respective Boards have brought my once revered Profession into disrepute.

5.       Sir Jeremy Morse was an honest banker, holding the highest ethical and moral standards in banking.

6.       A man that led, and was respected by the City, bank customers and Investors.

7.       My word is my Bond meant something.  Indeed, the “Bankers Oath” sworn by newly qualified bankers, known as the “Bond of Trust” in some Institutes and Academies, still applies to a handful of professionally qualified, time served and proven lending bankers with over 25 years service and hands on experience. This underpins the banker / customer relationship.

8.       What has happened is that there is a cabal led by the Treasury, supported by the Regulators, who have no intention of acting ethically or morally, preferring to lie their way out of trouble, in the knowledge that the Judiciary will believe any rubbish that the bankers concoct, to facilitate theft, asset stripping of SMEs assets, livelihoods, careers, ambitions, hopes along with those of their employees, leaving the Tax Payers to foot the bills.

9.       The lists of Players are:

10.   HM Treasury; FCA; FOS; Chairman of every bank that has been fined, the Boards of any bank that has been fined.

11.   Accountants; Auditors; Insolvency Practitioners; Valuers; Vulture Funds; Bailiffs acting illegally and the bank’s lawyers, and we know who they are. E&OE.

12.   In total no more than 250 people are implicated in supporting these bankers crimes.  Names can be provided if necessary.

13.   They know who they are; they look in the mirror every morning in denial.

14.   One lie is sufficient to arrest bankers who are hell bent on destroying innocent, honest, moral, ethical bankers.

15.   The biggest lies are told by the current and former Chairman of Lloyds Banking Group and their Board, closely followed by the RBS Chairman and Boards.

16.   The evidence is in plain daylight.

17.   Sally Masterson, Paul Moore, and all other “Whistleblowers” who have been hounded like dogs, at the mercy of the hoards of Lawyers, and their packs.

18.   I have always said that the truth will out. Truth has to be the winner.

19.   As a former honest Lloyds Bank Limited banker, I can quite happily confirm that the Chairman and Boards lie to everyone, shareholders, customers, Treasury Select Committees, not forgetting themselves.

20.   What a culture they have bred?

21.   This was never the way when I proudly joined Lloyds Bank Limited, in 1971.  48 years ago!

22.   As a former Bank Inspector, I would have sacked the lot.  They are unqualified to manage their customers and countries wealth.

23.   I would have replaced them with honourable, honest, moral, ethical, qualified and time served lending bankers; not the salesmen that they are.

24.   If a banker tells one lie then you have to lift the bonnet and review every aspect of their banking behaviours. Their favourite ploy is to abuse the Management Suspense Accounts for personal benefit, et.al.  This always reveals the skeleton in the cupboard.

25.   Patronage is a form of bribery, seeking to curry favour in the hope of “Honours” from Government.

26.   Wall Street and Harvard Business School has polluted a once honourable and proud profession and facilitated contagion and corruption on a global scale.

27.   Nothing good has ever crossed the pond in Banking. The fines seem to evidence this argument.

28.   Liars have never had a place in banking or associated professional services since time immemorial.

29.   Regulators have failed us all.  Fines equate to crimes and these go unsanctioned, only to proliferate and cross the world.

30.   How can any Bank customer invest their savings with a corrupt bank/financial organisation?  Their money is always at risk.  Their families are at risk along with the economy.

31.   The City is a complete mess and needs a thorough clear out, starting with HMT and the Regulators, who have failed all victims of banking corruption and fraud.

32.   Lying can never be accepted by the Judiciary.  They need to suspend any Lawyers representing banks that lie.

33.   I have witnessed many Lawyers lying through their back teeth to Judges over the years, and Judges meekly support their lies.

34.   A bad judgement affects numerous lives and bank customers. Plenty of examples here!!

35.   My former role at HMRC laid bare the corruption by bankers against us honest tax payers.  A shocking revelation, one, yet to be examined?

36.   There are NO SHADES OF GREY in Banking or Business. Black or white / right or wrong!!!!

37.   Tax avoidance by certain Chairman is an indication of low moral fibre.  He knows who he is!!

38.   These people defile business, the City, and all the country.  Yes it is we, the hardworking tax payers,  paying still for the banking crash of 2008 and austerity, the fallout from which still has yet to be admitted and addressed.

39.   Nothing has been done to rid the City and Regulators of the canker that pervades them!  The FCA Public Meeting was a disgraceful circus.

40.   Choreographed to the nth degree, no real answers for the victims, who have paid dearly for the FCA’s intransigence, and denials.

41.   I was ashamed to witness such behaviours from a Regulator. 

42.   Running from the platform, to escape further debate, and discussion.  A pitiful example if ever there was one.

43.   My career is over, but I have the standards that John Meek, Edwin Bryett and Sir Jeremy Morse inculcated within me upon my joining Lloyds Bank Limited.  A sound honest bank that I once revered.

44.   Liars and lying has to be verboten at all times.

45.   These breach societal norms and standards, which in my opinion are despicable.

46.   I pray that integrity in Banking and Government is restored (???????), there has been none since Brown.

47.   We honest, professionally qualified, time served lending bankers have to fall in line and be counted.

48.   Investment Banking is the great scourge of society, pariahs, wherever they stretch their tentacles, feeding from the living, leaving death and destruction in their wake.

49.   I know what is planned for the City, if my warnings go unheard. Not pretty.

50.   Clean the Augean Stables now.

51.   I shall happily support or lead those that will make a start.  As with Climate Change, the first step is the most important.

52.   Let us build on the sterling work of the APPG Fair Banking Committee and pull together to rid the profession of the corrupt Chairmen and Boards.

53.   A suicide, hunger strikes; self harming by children and potential suicides of customers/victims children is never the banking profession that I joined all those years ago.

54.   This represents the mafia, with Chairman and Boards being complicit and guilty of these heinous crimes. The Portuguese mafia are a prime example of bad banking practice.  Witness the Lord Turbull Report and hundreds of others.

55.   We bankers serve the community, not raped it!!!

56.   Chairmen, Board Members have to take a long hard look in the mirror, and if they like what they see they are not fit to call themselves bankers.

57.   I concur with everything Anthony Stansfeld has reported, an indictment of this avaricious society that has mushroomed since 1985. Dog eat dog! Bankers bonuses bear false witness to their skills and integrity. They have none.

 

Nigel J D Harper FCIBS, Chartered Banker, MBA Banking, FCIB, ACIB, CeMap

Independent Retail Banking Specialist and examiner.


Relevant to your case?

The recent judgment of Bates v Post Office [2019] EWHC 606 (QB) from point 1113 onwards refers to “relational contracts”. We have asked Professor Nigel Harper to comment on the relevance of “relational contracts” to Banking Law and practice.

“What is a Contract without intent of a relationship? With that relationship, it is implied that both parties will act honestly, with integrity, morality, transparency, openness, loyalty, trust and truth.  Banking is NO different. As a Privileged Profession, anything less is unacceptable and facilitates Criminal behaviours.”

Prof Nigel Harper

https://www.judiciary.uk/wp-content/uploads/2019/03/bates-v-post-office-judgment-no3-15-mar-19.pdf


Also, this is a link to the sentencing remarks in the HBOS Reading case:
https://www.judiciary.uk/wp-content/uploads/2017/02/mills-sentencing-remarks.pdf