Compliance
EDITORIAL COMMENT: Cross-Selling By Private Banks Draws A Frown; Is Such A View Fair?

Cross-selling comes in for attack. The best approach, in this publication's view, is maximum disclosure to clients about a practice that is not and should not be illegal and can even be part of the offering.
Cross-selling has come in for attack even if it doesn’t
involve breaking any laws. A recent article about JP Morgan says the
practice is questionable.
Bloomberg has a feature article, entitled Private
Banking Meets Cross-Selling for JPMorgan’s Wealthy Clients.
“There, private bankers working with JP Morgan’s richest
customers are encouraged to steer client assets into certain
funds and instruments that generate rich fees for the bank,
according to several former employees,” the article, dated Feb 1,
said. (JP Morgan hasn’t given additional comments to this
publication beyond what it told Bloomberg.) As JP
Morgan told the news wire, it doesn’t pay bankers commissions; a
spokesperson said that a reason clients choose this Wall
Street-listed titan is because of the range of banking, lending
and wealth advisory services, and clients expect to hear from the
bank about it.
The article goes on to refer to “seven people who worked in
various roles across JP Morgan Private Bank in the last few
years, three of them as recently as mid-2016”, who said they were
less advisors than sales people. The article also quotes JP
Morgan chief financial officer Marianne Lake as saying that in
response to regulatory requests, an internal investigation of the
bank’s sales practices had turned up what the article said were
“sporadic problems”, which she did not identify, but no “systemic
lapses”.
So what to make of all this? To some extent, cross-selling, if
done openly and where the client understands it is happening, is
hardly questionable as such. Indeed, when a person becomes a
client of an all-service bank, obtaining access to investment
banking, commercial banking and corporate advisory services, as
well as wealth management, he or she would have to be naïve in
the extreme not to think that such cross-selling goes on. In fact
it can even be an explicit part of the overall
offering. When this publication has spoken to a range of
private banks that operate inside large groups, cross-selling is
sometimes openly mentioned rather than something referred to as a
sort of embarrassing secret.
Of course banks cross-sell to make money. It may come as a
stunning revelation to some (not all) journalists, but banks are
not operated as charities. They are, of course, under commercial
pressures, whether run by partners or publicly-listed firms with
stockholders breathing down their necks. But cross-selling is not
illegal nor necessarily wrong so long as the client has a clear
ability to say no. It can certainly be the case that some high
net worth individuals will prefer to bank with standalone
institutions where there isn’t likely to be a cross-selling
aspect of the business, and this avoidance of “product push” is
also a reason, for example, for the rise of boutique wealth
managers and family office-type structures of recent years.
People are free to shop around for the type of bank/institution
they are comfortable with.
Even so, with all of those points in mind, the idea of
cross-selling, or indeed selling generally, is in danger of being
given an unfairly bad name, and one fears the heavy hand of
regulatory interference cannot be far away. The
Bloomberg article correctly states that there is
“nothing illegal about cross-selling”, and nor should there be.
It may well be true that some employees will feel pressured to
advance certain investments to clients even when they think
alternatives are a better fit. In those cases, however, it is
surely best left to the cut and thrust of the free market to sort
this out and for bankers, if they feel ethically uneasy about the
situation, to defect. And this correspondent knows of several
bankers who have hit the exits because of their dislike of
cross-selling pressure.
There is no doubt that the issue of cross-selling, and of what is
also called “product push”, is a sensitive point. In this day and
age when the suitability of investments is watched closely by
regulators, banks, like other wealth management players, cannot
afford not to take clients’ interests seriously. The UK’s Retail
Distribution Review regime on financial advice that came into
action in 2013, and the US Department of Labor Fiduciary Rule,
kicking in from the start of April this year in the US, are
important drivers of change, although client dissatisfaction with
service, worsened by the 2008 financial crash, will have been an
important factor.
As far as this publication is concerned, the sheer variety of
wealth management business models is the best protection against
any abuses that cross-selling might give rise to. If bankers and
clients alike dislike the practice, then bankers can form
independent advisory firms, or join them, and clients can also
move. For some clients, however, the benefits of being looked
after by a large institution, even with such activity, will
outweigh potential downsides. Let’s leave such decisions to the
marketplace and insist on the utmost transparency.