May 19, 2013

UBS near $450 million settlement with U.S., UK over Libor: NYT

 UBS near $450 million settlement with U.S., UK over Libor: NYT

(Reuters) – is expected to pay more than $450 million to U.S. and British authorities to settle claims some of its employees submitted false , the reported.

In June, British bank Plc was fined $453 million for manipulating Libor benchmark interest rates, becoming the first bank to settle in the ongoing probe, prompting the resignation of its chairman and chief executive.

UBS was the first bank globally to report suspected rate , and has said it has received conditional immunity from some authorities for cooperating in their probes.

A UBS spokeswoman told Reuters that the bank was in the midst of discussions with authorities in the United States and Britain in connection with Libor investigations and has been cooperating fully with the regulatory and enforcement authorities, but gave no further details.

Christopher Hamilton, spokesman for Britain’s Financial Services Authority, declined to comment beyond confirming the already established fact that the FSA is investigating UBS.

The Commodity and the U.S. Justice Department, investigating the Libor matter in the United States, could not immediately be reached for comment.

Other banks are also anxious to draw a line under the probe, which is well into its second year. British bank RBS said last month it hopes to reach a settlement on its part in the rate-rigging scandal – likely to result in fines for the bank – and expects to start talks soon.

estimated that 11 global banks linked to the Libor scandal could face $14 billion in regulatory and legal settlement costs through 2014.

The reliability of the , or Libor, has been cast into doubt by the rate manipulation accusations. Libor is intended to measure the rate at which banks lend to one another and is used as a benchmark for $300 trillion of contracts and loans across the world.

Switzerland is also investigating 12 U.S., European and Japanese banks suspected of conspiring to manipulate interbank lending rates. They include Credit Suisse, Deutsche Bank, HSBC Holdings and RBS.

“In Switzerland we are still investigating the case. We are in contact with other authorities,” said Competition Commission official Olivier Schaller, but provided no further details.

FINMA spokesman Tobias Lux said the Swiss regulator was making ongoing efforts to clarify the issue, but declined to comment further.

(Additional reporting by Sakthi Prasad in Bangalore; Editing by Edmund Klamann and Mike Nesbit)

Ex-Barclays trader Merchant, under Libor scrutiny, exits UBS

a278d3a01f5b2fa703fa7422750acfc9 Ex Barclays trader Merchant, under Libor scrutiny, exits UBS

() – Jay V. Merchant, who has come under federal scrutiny in the manipulation scandal related to his tenure at Plc, left his position as head of swap trading at UBS on Monday, a UBS spokeswoman confirmed.

Merchant, who worked for Barclays in New York from 2006 to 2009, is being looked at by U.S. authorities over his activities while working at Barclays’ desk in New York. Merchant’s lawyer, John Kenney, was not immediately available for comment.

His departure comes in the wake of a that another former Barclays trader, Ryan Reich, “has cooperated” with the federal into the alleged of international benchmark interest rates. Merchant was one of Reich’s supervising traders at Barclays.

Libor, the London interbank offered rate, is used to set rates on trillions of dollars of contracts for everything from to credit cards. The investigation has embroiled banks on both sides of the Atlantic and involves yen and as well as those for the dollar.

Industry records report that Merchant began working for Barclays in 1998 and remained with the British bank until the end of 2009, after which he went to head a swaps trading desk for UBS in Stamford, Connecticut.

Records maintained by UK securities regulators also show that Merchant was registered as working in Britain from 2001 through parts of 2007.

(Reporting by Jennifer Ablan and Matthew Goldstein; Editing by Gary Hill and Leslie Adler)

Exclusive: Former Barclays trader “has cooperated” with Libor probe

58a8fb89c6e42edec2f460f6115b12fd Exclusive: Former Barclays trader has cooperated with Libor probe

() – A former Plc trader who was fired by the bank for sending inappropriate emails about Libor “has cooperated” with the federal into the alleged of international benchmark interest rates, according to the New York hedge fund that currently employs the trader.

The hedge fund, WCG Management, sent an email to its investors on Sunday informing them that the $3.4 billion fund is not under investigation in the Libor probe, but confirmed that portfolio manager Ryan Reich has drawn scrutiny from U.S. prosecutors.

WCG said in the email, a copy of which was read to Reuters by a person who received it, that the fund had talked to Reich’s attorney, and the lawyer said his client had “cooperated” with .

The hedge fund added that Reich’s lawyer said federal authorities have not asked any questions about Reich’s work for WCG, where he has been a portfolio manager since July 2010.

A spokesman for the Department of Justice declined to comment.

Kenneth Ulbricht, the for WCG, did not respond to requests for comment on the hedge fund’s email to investors. Reich’s lawyer, Ira Lee Sorkin, a partner in the white collar defense group at Lowenstein Sandler, declined to comment on the hedge fund’s email.

Reuters last week reported that Reich was drawing scrutiny from federal prosecutors in Washington, D.C., after being fired from Barclays in March 2010 for allegedly sending inappropriate emails seeking information concerning the pricing of Libor, information that could have been used in his trading positions.

In its investor email, WCG, referenced the Reuters story.

Libor, the London interbank offered rate, is used to set rates on trillions of dollars of contracts for everything from to credit cards. The investigation has embroiled banks on both sides of the Atlantic and involves yen and as well as those for the dollar.

So far, there’s no indication the authorities are looking at hedge funds in the Libor probe, but the investor email from WCG is an indication that the sprawling investigation is rattling nerves beyond the trading desks of big banks.

Lawyers familiar with the investigation say federal prosecutors continue to reach out to individuals to gauge interest in cooperating or taking pleas. They said prosecutors are expected to begin making decisions on charging individuals later this month or in early September.

When Reich worked at Barclays, he was a relatively junior trader on the firm’s U.S. dollar trading desk in New York. He joined Barclays in 2006, two years after graduating from Princeton University.

Barclays, as is customary in the brokerage business, notified the Financial Industry Regulatory Authority that it had dismissed Reich for sending inappropriate internal emails while at the bank.

People familiar with the investigation said that Reich could be a key witness for federal prosecutors as they try to build a case against individuals who allegedly tried to manipulate Libor rates at Barclays.

Reich’s lawyer, Sorkin, is a former federal prosecutor and top lawyer for the Securities and Exchange Commission and has represented a number of notable clients over the years, including Bernard Madoff.

One of Reich’s supervisors at Barclays was Jay V. Merchant, who left the bank at the end of 2009 to join to run that firm’s swaps desk in Stamford, Connecticut. Reuters previously reported that Merchant also has drawn scrutiny in the probe, which also involves regulators in the United States and the United Kingdom.

John Kenney, Merchant’s lawyer, declined to comment. A spokeswoman for UBS said Merchant is to return Monday from vacation.

A person familiar with WCG, which was founded in 2007 by Barry Wittlin, a former top proprietary trader at Merrill Lynch, said the fund has no plans to reassign Reich because it believes he has done nothing inappropriate at the fund.

WCG is a macro hedge fund that specializes in trading bonds, currencies and interest rate swaps. With leverage, the fund controls about $13 billion assets, according to regulatory filings.

Not all funds have been as proactive as WCG in seeking to reassure clients about the fallout from the Libor probe.

Several of the world’s largest global macro managers have spent months trawling through emails, voicemails and phone calls to check that their traders did nothing untoward, investors say, but this emerged only after those same investors pressed the funds to show they are clean and that there are no nasty surprises headed their way.

Most funds, when pressed on the investigation, have declined to comment.

(Additional reporting by Tommy Wilkes in London and Carrick Mollenkamp in New York; Editing by Leslie Adler)

Exclusive: Fired Barclays trader draws scrutiny in Libor probe

381694e6eae9d8183baae311f114f8d6 Exclusive: Fired Barclays trader draws scrutiny in Libor probe

(Reuters) – A 30-year-old former Plc trader in New York, who was fired from the bank in 2010, is among those drawing scrutiny from prosecutors in the deepening scandal over the manipulation of global benchmark interest rates.

U.S. prosecutors in Washington, D.C. are looking at Ryan Reich’s activities while at Barclays between August 2006 and March 2010, said several people familiar with the situation, who declined to be identified because the bid-rigging investigation is ongoing.

Reich, now a with New York-based hedge fund WCG Management, was dismissed from Barclays for allegedly sending inappropriate emails seeking internal bank information, according to two sources familiar with the situation.

One of those sources, who used to work for the bank, said the information Reich sought concerned how the Libor benchmark rate was going to be priced, information that could have been useful for his trading positions.

Reached by telephone on Friday, Reich declined to comment. A spokeswoman at the U.S. Department of Justice did not return phone calls or emails seeking comment.

Libor, the , is used to set rates on trillions of dollars of contracts for everything from home mortgages to credit cards. The investigation has embroiled banks on both sides of the Atlantic and involves yen and euro rates as well as those for the dollar.

Lawyers familiar with the investigation say continue to reach out to individuals to gauge interest in cooperating or taking pleas. They said prosecutors are expected to begin making decisions on charging individuals late this month or in .

Indeed, many of the traders under scrutiny do not believe they did anything wrong because their employers and regulators had some awareness of their activities, the lawyers said. Information released by the shows that in the United States and Europe knew some banks were submitting low Libor bids during the financial crisis to make institutions appear healthier than they were.

A person familiar with Reich’s dismissal from Barclays said that the young trader, who joined Barclays just two years after graduating from Princeton University, was directed by his supervisors to send the emails and they were aware of everything he was doing.

The person, who did not want to be identified, said the practice of sending emails to gather information on future Libor pricing went back to the 1990s at Barclays, long before Reich joined the firm.

“This was systemic at Barclays,” said the person.

Barclays declined to comment.

INCONSPICUOUS

Reich was a part of a low-profile New York trading desk at Barclays that is now increasingly in focus as prosecutors and regulators extend their investigation of the Libor scandal, which began to come to light in 2008. In June, Barclays paid a $453 million penalty to authorities in the United States and the UK to settle allegations some of its traders colluded with people at other banks to manipulate Libor.

In the United States, and regulators are focusing on the activities of the Barclays desk on which Reich worked. It traded U.S. Treasury and U.S. dollar and Canadian dollar interest rate swaps.

Reuters previously reported that Jay Merchant, one of that desk’s top traders, who in 2009 served as head of U.S. dollar swaps trading, is being scrutinized by federal authorities as well. Merchant moved to UBS in late 2009 to run that firm’s swaps desk.

Ritankar “Ronti” Pal, who Merchant reported to and who had overseen all of the desk’s trading since 2006, recently left Barclays, according to people familiar with the matter. A man who appeared at an address listed for Pal declined comment and called for building security to escort a reporter away. Pal didn’t respond to a written request for comment.

The Libor investigation is focusing on allegations that traders at various banks colluded to try and rig the price of Libor to impact the interest rate on swaps, a type of derivative contract. On many swaps, the interest paid is a floating rate, so depending on which side a bank sat on a trade it would have an interest in getting either a lower or higher Libor rate.

One thing authorities are looking into is whether traders at banks were trying to get information ahead of time to know where Libor was going to be set for the next day, or work with other traders to influence the rate.

As reported last week by Reuters, people familiar with the investigation said authorities are looking at whether some individuals on the Barclay’s trading desk tried to influence the rate on Libor by communicating with other traders in London to get a higher return on certain swaps the desk was trading.

Traders at JPMorgan Chase & Co also had dealings with some of the Barclays traders under scrutiny, according to a person familiar with the investigation. JPMorgan declined to comment.

Reich filed an employment arbitration case against Barclays following his dismissal. The case was eventually resolved, though terms were not disclosed.

POSSIBLE CHARGES

Another lawyer familiar with the investigation said prosecutors could charge traders with wire fraud, a charge that does not require them to actually have succeeded in manipulating Libor, but merely have sought to do it. Wire fraud is often used when individuals communicate through emails or cell phones as part of a conspiracy charge.

Reich’s current employer, WCG Management, is a macro hedge fund that specializes in trading bonds, currencies and interest rate swaps. It oversees $3.4 billion in assets and is led by Barry Wittlin, a former top proprietary trader with Merrill Lynch.

Officials at WCG did not respond to a request for comment.

People familiar with the investigation said there is no indication authorities are looking at the hedge fund and authorities are not looking at any of Reich’s activities at the fund.

(Editing by Martin Howell and Leslie Gevirtz)

Central bankers eyeing whether Libor needs scrapping

ba3df7660f96dad08e90668a5325997b Central bankers eyeing whether Libor needs scrapping

(Reuters) – Central bankers and regulators will hold talks in September on whether the troubled global interest rate can be reformed or whether it is so damaged that the benchmark of borrowing costs should be scrapped.

Bank of England Governor told fellow central bankers in a letter that it was “very clear that radical reforms of the Libor system are needed”.

Ben Bernanke and global Mark Carney, who is also governor of the , on Wednesday floated possible alternatives to the London interbank offered rate, which some bankers manipulated in the 2007-09 financial crisis.

“There are different alternatives if Libor cannot be fixed,” Carney told a news conference in Ottawa.

“If it’s structurally flawed and can’t be fixed — which is a possibility — there may need to be different types of approaches, and we need to think that through.”

The concerns over Libor prompted scrutiny of lending benchmarks elsewhere. The European Central Bank (ECB) is putting pressure on the organizers of to shore up faith in the euro benchmark, sources familiar with the matter told Reuters.

Singapore, Hong Kong and Japan announced reviews of the way interbank benchmark rates were set in the Asian financial centers, while in South Korea the anti-trust agency widened a probe into possible rate-fixing.

Bank of England Governor King put the Libor issue on the agenda of the Economic Consultative Committee of global central bankers that will meet in Basel, Switzerland, on September 9, a central bank source said.

The discussions will continue there the following week at the Financial Stability Board’s steering committee, which is chaired by Carney and which also includes .

“There is an attraction to moving to obviously more market-based rates if possible,” Carney said in his news conference.

Libor is used for $550 trillion of interest rate derivatives contracts and influences a wide array of financial products from mortgages to credit cards, and Carney said it was crucial that markets be able to have “absolute confidence” in it.

Carney mentioned the possibility of using repo rates and Overnight Index Swap rates, two ideas also mentioned on Wednesday by Bernanke. The Fed Chairman singled out Treasury Bill rates as a potential benchmark, but said the Fed had not come out in favor of a specific alternative.

RATE- SCANDAL

Dozens of banks, including JPMorgan Chase & Co and Deutsche Bank, are under investigation in the rate-rigging scandal, where banks low-balled the rate to profit on trades and hide their own borrowing costs during the 2007-09 financial crisis.

Barclays Plc has already settled with U.S. and British regulators, paying a $453 million penalty.

Goldman Sachs Chief Executive Lloyd Blankfein said in Washington the scandal only built on the American public’s mistrust of the industry after the 2007-2009 financial crisis.

“There was this huge hole to dig out of in terms of getting the trust back, and now it’s just that much deeper,” he said.

In Asia, the Hong Kong Association of Banks said it was reviewing the mechanism for determining its Hibor benchmark. The Hong Kong Monetary Authority said it supported the review and would monitor the process and outcome.

The Monetary Authority of Singapore said it was examining the setting of the Singapore interbank offered rate (Sibor), widely used in the pricing of mortgages and other loans in the city-state.

South Korea’s Fair Trade Commission has investigated nine banks and 10 brokerages this week over suspected collusion in setting three-month certificate of deposit (CD) rates.

The Japanese banking industry lobby has asked the 18 banks contributing to the Tokyo interbank offered rate (Tibor) to check whether correct procedures were being followed, although the group’s head said he did not believe there was a problem.

“We don’t think there’s any problem with (Tibor), but we decided on a check given growing public interest in Libor,” the association’s director, Shin Takagi, told a meeting of ruling party lawmakers on Thursday.

ALTERNATIVE RATES

Libor is calculated daily in London for the U.S. dollar and other currencies when panels of banks submit estimates of how much it costs them to borrow from each other.

It is thus a subjective call, as opposed to basing benchmarks more objectively so less manipulation is possible. The Australian Bank Bill Reference Rates, for example, are based on where paper is actually traded on the market.

The issue is similar for Euribor — launched with the single currency in 1999 — prompting the ECB to call for a re-think, including possibly shifting the basis of the calculation to actual lending rates.

“The big choice one has to make is whether you want posted rates or actual rates … so at the end of the day, banks say what transaction they had at which price,” said one central bank source. “If you use actual transactions you would have solved the problem.”

Carney highlighted the Canadian Dealer Offered Rate because it is a committed rate: “It’s actually a borrowing rate that is used by banks on a regular basis, almost daily basis when they take down syndicated BAs (banker acceptances).”

“So we may end up, we may — I don’t want to prescribe, it’s very early days — but we may end up with different types of rates used in different currencies,” he said.

It is not a foregone conclusion that Libor will be abandoned, even if membership on Libor panels is voluntary.

Asked what would happen if banks pulled out, Carney said: “The best institutions recognize that they have a responsibility to remain in these panels and continue to post their estimates of where they can borrow.”

He added: “To continue to do so … isn’t asking much.”

He said most banks have posted figures accurately and “we should be a little careful not to tar all institutions in the panel with the actions of some.” But wrongdoers “need to substantially raise their game” to levels of conduct expected in any other aspect of life.

U.S. Treasury Secretary was forced to defend himself on Wednesday against criticisms that regulators should have taken bigger steps to address concerns over Libor.

In June 2008, Geithner, then head of the New York Federal Reserve, sent an email to Bank of England’s King, recommending six ways to enhance the credibility of Libor after Barclays had flagged concerns as early as 2007.

“The U.S., to its credit, set in motion at that stage a very, very powerful enforcement response, the first results of which we have now seen,” he said in New York.

(Editing by Janet Guttsman, Tim Dobbyn and John Mair)

U.S. report says HSBC handled Iran, drug money

f81aca59397eb04fccc2ee9402e5907d U.S. report says HSBC handled Iran, drug money

() – A “pervasively polluted” culture at HSBC Holdings Plc allowed the bank to act as financier to clients seeking to route shadowy funds from the world’s most dangerous and secretive corners, including Mexico, Iran, the Cayman Islands, Saudi Arabia and Syria, according to a scathing U.S. Senate report issued on Monday.

While the big British bank’s problems have been known for nearly a decade, the Senate probe detailed just how sweeping the problems have been, both at the bank and at the Office of the , a top U.S. which the report said failed to properly monitor HSBC.

“The culture at HSBC was pervasively polluted for a long time,” said , chairman of the U.S. Senate Permanent Subcommittee on Investigations, a Congressional watchdog panel.

The report comes at a troubling time for a banking industry reeling from a multi-country probe into the manipulation of global . Last month, rival British bank agreed to pay a $453 million fine to settle a U.S.-British probe into the rigging of the benchmark interest rate known as the London interbank offered rate, or Libor.

The Senate probe provides a rare look at how HSBC responded when confronted with numerous cases of suspect money flows.

The report caps a year-long inquiry that included a review of 1.4 million documents and interviews with 75 HSBC officials and . It will be the focus of a hearing on Tuesday at which HSBC and OCC officials are scheduled to testify.

The bank and the regulator are expected to face tough questions at the hearing about how the abuses were allowed to continue, even after the OCC took regulatory action against HSBC in 2010. A Reuters investigation found persistent lapses in the bank’s anti-money laundering compliance since 2010.

In an emailed statement, HSBC said the Senate report had provided “important lessons for the whole industry in seeking to prevent illicit actors entering the ”.

The bank said it is spending more money on compliance and has become more coordinated in policing high-risk transactions.

The report also contained strong criticism of the OCC, saying the regulator failed to crack down on the bank despite multiple red flags, allowing money laundering issues “to accumulate into a massive problem”.

Thomas Curry, who took over as comptroller less than four months ago, said in a statement on Monday that anti-money laundering compliance “is crucial to our nation’s efforts to combat criminal activity and terrorism, and the OCC expects national banks and federal thrifts to have programs in place to effectively comply with these laws”.

Curry said the Senate report had made a number of “thoughtful” recommendations, “which we fully embrace”.

LAX CONTROLS

The failings and lax controls inside HSBC included an inability to properly monitor $15 billion in bulk cash transactions between mid-2006 and mid-2009, inadequate staffing and high turnover in the bank’s compliance units, the report said.

HSBC ignored risks in doing business in countries such as Mexico, a country rife with drug trafficking, it said.

Between 2007 and 2008, HSBC’s Mexican operations moved $7 billion into the bank’s U.S. operations. According to the report, both Mexican and U.S. authorities warned HSBC that the amount of money could only have reached such a level if it was tied to illegal narcotics proceeds.

The Senate probe also examined banking HSBC did in Saudi Arabia with Al Rajhi Bank, which the report said has links to financing terrorism. Evidence of those links emerged after the Sept 11, 2001 attacks on the United States, the Senate report said, citing U.S. government reports, criminal and civil legal proceedings and media reports.

In 2004, Al Rajhi sued the Wall Street Journal, which had published an article about U.S. and Saudi authorities monitoring accounts. The article referenced Al Rajhi.

Al Rajhi said in response to a WSJ story that it “unequivocally condemns terrorism”. Al Rajhi and the paper settled in 2004. The paper did not pay damages and stated that it “did not intend to imply an allegation that (Al Rajhi) supported terrorist activity, or had engaged in the financing of terrorism”, the Senate report said.

In 2005, HSBC told its affiliates to no longer do business with the bank, the report said. Four months later, HSBC officials reversed course, allowing affiliates to decide whether to continue to do business with Al Rajhi.

A Middle Eastern unit of HSBC continued doing business with the bank, the report said. HSBC ultimately stopped helping the bank handle certain types of transactions, and HSBC compliance officials rebuffed other HSBC bankers seeking to maintain ties to the bank.

Then in late 2006, Al Rajhi threatened to yank all of its business with HSBC unless it regained access to using HSBC’s bulk-cash transaction business, the Senate report said. HSBC agreed to continue to provide the bank bulk shipments of U.S. dollars until 2010 when HSBC exited entirely the bulk-cash business.

Officials at Al Rajhi could not immediately be reached for comment.

U.S. OPERATIONS

The focus of the Senate probe was HSBC’s U.S. operations, which has its main office in New York. HSBC used the U.S. unit as a selling point to clients outside the United States, touting its ability to handle U.S. dollar transactions.

Among HSBC’s problems, the report described the bank’s compliance division as unable to battle the suspect money. High turnover of top compliance officials made it difficult for reform to take hold, the report said. Employees were “overwhelmed” by a mounting number of suspect transactions that needed review.

“We’re strapped and getting behind in investigations,” one bank official wrote in June 2008. By that time, HSBC was cutting costs to offset losses tied to subprime home loans and the brewing financial crisis. In 2010, one disgusted top compliance official threw up his hands and quit after less than a year on the job, according to the report.

Typical of the problems inside the bank were transactions tied to Mexico, a country the report said is “under siege from drug crime, violence and money laundering”.

HSBC, according to the report, helped move money for a Mexican foreign-exchange dealer called Casa de Cambio Puebla that served as a hub for laundered proceeds, according to the report.

Between 2005 and 2007, there was a “growing flood” of U.S. dollars moving between the exchange house and HSBC, setting off red flags inside HSBC. Some bankers said the transfers were legal. One said the money came from Mexican landscapers working in the United States and routing money back home to their families.

HSBC ultimately closed the account in November 2007 after it received a seizure warrant from the Mexican attorney general seeking money tied to the exchange dealer, the Senate report said.

DEALINGS WITH IRAN

Some of the money that moved through HSBC was tied to Iran, the report said, which would violate U.S. prohibitions on transactions linked to it and other sanctioned countries.

To conceal the transactions, HSBC affiliates used a method called “stripping”, where references to Iran are deleted from records. HSBC affiliates also characterized the transactions as transfers between banks without disclosing the tie to Iran in what the Senate report called a “cover payment”.

HSBC “failed to take decisive action to confront these affiliates and put an end to the conduct,” the report said.

Between 2001 and 2007, more than 28,000 transactions were identified by an outside auditor for HSBC that potentially could have run afoul of laws that prohibit transactions with sanctioned countries. Of those, 25,000 involved Iran. A smaller number required additional analysis to determine if violations of U.S. regulations had occurred, the report said.

At the heart of HSBC’s failings was the fact that it served as a hub for smaller financial firms needing access to the global banking system, the report said.

In one example detailed in the Senate investigation, HSBC continued to do business with one client that admitted to U.S. law enforcement that it had failed to maintain an effective anti-money laundering system.

The client, Sigue Corp, was a money processor in California, the report said. In 2008, the company agreed to a so-called deferred prosecution with the U.S. Justice Department and other U.S. agencies where it admitted to allowing millions of dollars of suspect transactions between 2003 and 2005. Undercover U.S. officers, in a sting, even moved money through the company, explicitly telling Sigue agents they were moving illegal drug proceeds, the report said.

A day after the agreement was announced, David Bagley, the head of HSBC compliance, sent a handwritten note to another bank official, asking, “Obvious question–I assume they are not our customer.” Bagley is scheduled to testify on Tuesday at the Senate hearing.

In fact, Sigue was an HSBC customer, and bank officials internally discussed whether to close the account. One compliance official recommended it should be shut down. In the end, the bank kept doing business with Sigue.

In 2009, the Justice Department said Sigue had satisfied the requirements of the agreement and a criminal case was dismissed.

(Editing by Alwyn Scott and Tim Dobbyn)

U.S. considering criminal charges in Libor case: NY Times

0afe70381a60f60770265a6c35429656 U.S. considering criminal charges in Libor case: NY Times

(Reuters) – The U.S. Justice Department is building criminal cases against several and their employees related to the manipulation of interest rates, The reported on Saturday.

Citing government officials close to the case who spoke on condition of , the Times said traders at (.L) were among the individuals against whom Justice was building cases. Authorities expect to file charges against at least one bank later this year, the newspaper reported.

Investigators in Washington and London last month struck a $450 million settlement with Barclays in a rate- case, but the deal does not shield Barclays employees from . The criminal and civil investigations have focused on how banks set the , or Libor.

Libor is used to determine borrowing casts for trillions of dollars in financial products, including mortgages, credit cards and . The Times said cities, states and municipalities in the United States were also trying to determine whether they suffered losses due to rate manipulation and some had filed suit.

With the prospect of possible , several financial institutions, including at least two European firms, are scrambling to arrange deals with the government, the Times reported, citing lawyers close to the case.

Given the broad scope of the Libor case and the number of institutions thought to be involved, the investigations could provide authorities with a “signature moment” to hold big banks accountable for misdeeds during the financial crisis, which hit global markets from late 2007, the newspaper said.

Still, the investigation is unusually complex, could continue for years and end in settlements rather than , the Times said, citing officials close to the case.

(Writing by Todd Eastham; Editing by Peter Cooney)

Business: Geithner pressed British regulators in 2008 on Libor

892ec6f92dc87a16c213c1240770485f Business: Geithner pressed British regulators in 2008 on Libor

(Reuters) – U.S. pressed the in June 2008 to make changes in the way that , a key interest rate benchmark, was set, according to documents obtained by Reuters.

Geithner, who was the head of the New York at the time, sent a private email to BoE Governor Mervyn King recommending six ways to enhance the credibility of the .

More than a dozen banks are under investigation by authorities in Europe, Japan and the United States over suspected rigging of the global borrowing cost benchmark, which is used in contracts of dollars globally.

The June 1, 2008, email, first reported by the , included a two-page memo dated May 27 of that year that suggested establishing best practices for calculating Libor, “including procedures designed to prevent accidental or deliberate misreporting.”

It recommended the British Bankers’ Association require that auditors for banks reporting their borrowing costs for the calculation of Libor attest to the accuracy of their rates.

London-based (BARC.L) is the only bank so far to admit any wrongdoing in giving false information as part of the complex process of setting Libor, in order to influence the pricing of derivatives and also to rebut speculation about the weakness of its balance sheet during the financial crisis.

Barclays agreed to pay fines of $453 million in a settlement with U.S. and British officials. Libor is used for $550 trillion of interest rate derivatives contracts, and influences rates from mortgages to student loans to credit cards.

The scandal so far has been mostly confined to London, with that regulation in Britain was lax. But concern has grown about the wider impact on consumers and the involvement of U.S. regulators.

A group of Democratic senators on Thursday pushed for the U.S. Justice Department and financial regulators to step up investigations into whether global banks manipulated the interest rate benchmark. U.S. state attorneys general are also jumping into the widening scandal, a move that could open a new front against the top global banks.

The New York Fed is due to release documents on Friday that it has said will show it took “prompt action” four years ago to highlight problems with Libor.

In his email, Geithner suggested one way to “eliminate (the) incentive to misreport” would be to randomly select a subset of 16 reporting banks and calculate an average after discarding the highest and lowest values, without identifying which banks may have had unusually high or low borrowing costs.

During the 2007-2009 financial crisis, the borrowing costs of many banks soared as counterparties worried about their health. Some banks may not have wanted their high borrowing costs to become public out of fear it may have fueled concern about their viability.

“We would welcome a chance to discuss these (suggestions) and would be grateful if you would give us some sense of what changes are possible,” Geithner wrote, noting that he had briefly discussed Libor with King earlier in Basel, Switzerland.

It is not clear how far the New York Fed pressed any concerns it may have had. The New York Fed declined to comment.

(Additional reporting By John Crawley; Editing by Kim Coghill)

Business: Barclays’ Diamond faces grilling in parliament

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() – squares up to critical on Wednesday, a day after quitting as ’ chief executive over an interest rate rigging scandal, and could drag the , government and rival banks deeper into the affair.

Diamond abruptly resigned on Tuesday just hours after Bank of Mervyn King and Financial Services Authority chairman Adair Turner effectively told Barclays Chairman Marcus Agius that the CEO was not the right man to reform the bank’s culture after the scandal, people familiar with the matter said.

Diamond’s testimony to a parliamentary inquiry could prove politically explosive; on Tuesday, Barclays published a 2008 internal memo from him that a senior manager understood to mean that the Bank of England and government might approve if they gave artificially low estimates of their borrowing costs at the height of the banking crisis to avoid giving the impression that Britain’s banks were in difficulty.

The estimates are used to compile the , or Libor, a global benchmark that underpins financial transactions worth an estimated $360 trillion.

Barclays, Britain’s third-largest bank was fined $453 million for its part in manipulating Libor from 2005 through 2009 and has admitted submitting falsely low estimates from late 2007 to May 2009, while Diamond was its investment banking head.

The American banker is scheduled to appear before the cross-party Treasury Select Committee at 2 p.m. BST (0900 EDT).

Though his compatriots across the Atlantic will be celebrating a holiday marking their independence from Britain, Diamond said he “looked forward to fulfilling” his appointment with the parliamentary committee in London, despite having already resigned.

Barclays’ defense tactic of claiming official sanction for the period of manipulation covered by the market crisis drew a skeptical response from Britain’s at the time. Alistair Darling said he could not imagine the central bank asking Barclays to take such action and said his department would never “suggest wrongdoing like this”.

Diamond, Agius and Jerry del Missier have all quit this week, although Agius is staying on to lead the search for a new CEO.

The bank said in documents released ahead of Diamond’s appearance that it was “ironic” that there had been such an intense focus on it alone, as it was the only bank to have settled with authorities after its “exceptional level of cooperation” over the global Libor investigation.

By 0850 GMT Barclays shares were down 1.3 percent, in line with a weaker European bank index.

“They were the first to receive the fine, so there is this rush to blame Barclays, but all the banks being investigated could be culpable,” said an investor in the bank who asked not to be named.

Barclays had handled the crisis badly and needed to find an external chairman and CEO to wipe the slate clean, he said. “They really need to demonstrate to shareholders and indeed the wider world, that they mean business and they are going to look very hard at their culture.”

BANKING SCANDALS

The Libor scandal comes at a time of increasing anger in Britain against the banks, already widely excoriated for their role in the financial crisis of the past few years.

Politicians and newspapers have seized on the scandal – which exposed macho e-mails between bankers congratulating each other with offers of champagne for helping to fiddle figures – as an example of a culture of wrongdoing in an industry that only stayed afloat with huge taxpayer bailouts.

Libor is a market benchmark published by the British Bankers’ Association (BBA) based on a survey of what banks tell its compilers they have to pay to borrow from their peers, in various currencies and for different periods. It is used to price around the world, ranging from complex interbank transactions to consumer mortgages and student loans.

In the four years to 2009, when the authorities believe banks were lying about their borrowing costs to influence the Libor benchmark, some customers may have benefited, and others lost out. Some bankers may have manipulated the rate to profit in certain transactions. Much of the focus, however, has been on late 2008, when the Lehman Brothers collapse in the United States pushed global financial markets into crisis.

In that period, high borrowing costs for banks reflected a loss of confidence that managers – and governments – were trying to shore up, creating a temptation for bankers to report lower interest rates to the BBA than they were actually having to pay.

OFFICIAL ENCOURAGEMENT?

The 2008 memo suggests that Barclays was given implicit encouragement by BoE deputy governor Paul Tucker to lower its contributions to setting Libor during the peak of the financial crisis to present a better picture of financial health.

According to the memo, Tucker told Diamond he had received calls about the Libor rate and banks’ submission for it from senior government officials. “It did not always need to be the case that we appeared as high as we have recently,” Diamond said he had been told.

The memo was a “file note” produced to make a record of important conversations. Diamond only wrote a handful of them in his 16 years at the bank.

The Bank of England declined to comment.

Barclays’ agreement to pay fines last week increased pressure on other banks to cooperate in a probe that could cost the industry billions of dollars.

The Libor figures submitted by banks are compiled by Thomson Reuters, parent company of Reuters, on behalf of the BBA.

(Additional reporting by Steve Slater, Sinead Cruise and Raji Menon; Editing by Will Waterman)

Business: Barclays paying $453 million to settle Libor probe

c302410965e7df371bcae0478a25346b Business: Barclays paying $453 million to settle Libor probe

(Reuters) – U.K. bank will pay $453 million to U.S. and to settle allegations that it manipulated key interest rates, increasing pressure on other banks to cooperate in a probe that could cost the financial industry billions of dollars.

The settlement raises fresh questions about the reliability of the , or Libor, which underpins some $360 trillion of loans and .

The attempted manipulation, which according to authorities took place from 2005 through 2009, meant that millions of borrowers paid too little or too much interest on their debt.

The U.S. government implicated at Barclays in its settlement. It cited of emails that showed how the bank sought to move to profit on trades and to hide its high borrowing costs during the financial crisis.

Barclays Chief Executive Bob Diamond acknowledged on Wednesday that the settlement would damage customer trust in the bank. He said he and other senior executives would forgo their bonuses this year. Much of the improper trading and manipulation occurred under the watch of Diamond, a fixed-income trader who replaced John Varley as CEO in 2011.

Libor underlies everything from derivatives trades to U.S. consumer credit card rates to loans as far afield as those financing Turkish phone networks. Barclays also tried to manipulate Euribor, a separately managed series of euro-denominated rates.

The bank settled on a civil basis with the U.S. , the U.S. Department of Justice and the U.K.’s Financial Services Authority. The Justice Department is still conducting a criminal investigation.

The broader Libor probe dates to at least 2011 and includes Japanese, Canadian and Swiss authorities.

Last year, AG agreed to cooperate with U.S. investigators in exchange for conditional immunity from prosecution. Earlier this year, in court documents filed in Ontario Superior Court, a Canadian antitrust regulator said that a “cooperating party” had provided information on how the alleged Libor manipulation took place.

The Barclays settlement puts pressure on other banks to follow suit, a former U.S. prosecutor said.

“I don’t think there is any question that the industry’s total cost when you throw in class actions, regulatory settlements, going-forward compliance and even the professional fees associated with the defense of these matters, will be well into the tens of billions of dollars,” said Jacob Frenkel, a partner at Shulman Rogers in Potomac, Maryland.

ON THE “BIG BOY” TRAIL

Investigators were helped by the extensive email traffic among Barclays employees involved. In one email, after a Barclays trader asked for low levels to be reported on certain short-term rates, an employee who submitted rates for the survey responded by email, “Done … for you big boy …”

Market participants said that fewer traders have faith in Libor as a benchmark now.

“There isn’t really a lot of trust in the way Libor is calculated as … there were some banks who used to manipulate the rates just to get better conditions in the money market,” said ING rate strategist Alessandro Giansanti in Amsterdam.

The series of interest rates are determined based on a daily poll of banks regarding their estimated borrowing costs. Libor is so deeply entrenched in financial markets that there are few plausible alternatives, experts have said.

SENIOR EXECUTIVES INVOLVED

Barclays shares closed 1.9 percent higher in London, as shareholders said they were satisfied the issue was closed.

In a statement, Barclays said the settlement related to past actions that fell “well short of the standards” the bank sought to uphold for its business.

“I am sorry that some people acted in a manner not consistent with our culture and values,” Diamond said.

Diamond joined the bank in 1996 and established Barclays as a leading investment bank.

Before taking over as CEO, Diamond had been president and chief of Barclays’ investment bank. The other officials who will forgo a bonus this year are finance chief Chris Lucas, chief operating officer Jerry del Missier, and Rich Ricci, chief executive of corporate and investment banking.

Damning emails that regulators released on Wednesday make clear that traders and the “submitters” tasked with reporting daily rates worked together for years to make the rates submitted suit the traders’ and the bank’s purposes.

In some cases, submitters set themselves reminders on their calendars to submit low rates on certain dates, according to the emails. In others, traders expressed overwhelming gratitude for low submissions that protected them from losses.

Around when the market for short-term debt known as commercial paper seized up in the fall of 2007, top Barclays treasury executives held a conference call with the desk responsible for submitting Libor, according to the CFTC order.

The person responsible for posting Barclays’ borrowing rate said in a November 2007 phone call that if the bank submitted a correct rate, it would be higher than other banks and cause “a shit storm.” According to the CFTC order, “The supervisor asked that the issue be taken ‘upstairs,’ meaning that it should be discussed among more senior levels of Barclays’ management.”

Ultimately, the bank provided a lower rate that was the same as a competing bank.

RECORD FINES

The CFTC ordered the bank to pay a $200 million penalty, the largest civil monetary penalty it has ever imposed.

Barclays also settled with the U.S. Department of Justice and Britain’s Financial Services Authority; it will pay fines of $160 million and $92.8 million, respectively. The FSA fine was also a record.

The Department of Justice said Barclays was the first bank being probed “to provide extensive and meaningful cooperation to the government,” adding that the bank’s assistance had aided its criminal investigation.

Though the Justice Department did not use words like “conspiracy” or “fraud” in its statement of facts, one lawyer not related to the case said that was likely a courtesy to Barclays as much as anything else.

“The DOJ did not want to back Barclays into a corner (by) using some of the more terrifying words from the criminal lexicon. I think it was very much a way to give Barclays a face-saving opportunity to resolve the situation,” said Anthony Sabino, a professor of law at St. John’s University.

“NO ONE’S CLEAN-CLEAN”

Libor is set daily for 10 major currencies and 15 borrowing periods, ranging from overnight loans to 12 months.

Thomson Reuters Corp is the British Bankers’ Association’s official agent for the daily calculation and publishing of Libor. The company said it continues to support the BBA in calculating and distributing Libor rates.

An economist who has studied Libor manipulation said that banks should be surveyed about their actual borrowing costs, instead of their estimated borrowing costs.

“Estimates are much easier to manipulate,” said Rosa Abrantes-Metz, a principal at Global Economics Group and an adjunct professor at NYU’s Stern School of Business.

The CFTC order suggested that the BBA knew of problems. In 2008, according to the CFTC order, a Barclays treasury executive told the BBA the bank hadn’t reported accurate borrowing costs.

“We’re clean, but we’re dirty-clean, rather than clean-clean,” the executive told an unnamed BBA manager, who responded, “No one’s clean-clean.”

The BBA, for its part, said the news would figure into its ongoing review of the structure of Libor.

“This is an announcement with extremely serious implications which need to be carefully considered and the investigation findings will be fully included in the current review of Libor,” the association said.

Other banks involved in the probe include Citigroup, HSBC, Royal Bank of Scotland and UBS.

Several banks have suspended traders over the investigations. No criminal charges have been filed.

Even if banks settle with regulators, they still must contend with litigation now wending its way through federal court in New York.

(Reporting by Steve Slater, Kirstin Ridley, Sarah White, Carrick Mollenkamp, Jed Horowitz, Alexandra Alper, Tom Hals and Karey Wutkowski; Writing by Carrick Mollenkamp and Ben Berkowitz in New York, and Kirstin Ridley in London; Editing by John Wallace, Matthew Lewis, Tim Dobbyn and Jan Paschal)