Interest rate 'rigging' evidence 'covered up' by banks

1 year ago 35

Financial markets imageImage source, Getty Images

By Andy Verity

BBC economics correspondent

UK and US regulators were told of a state-led thrust to "rig" involvement rates successful the 2008 fiscal crisis, but covered it up, grounds indicates.

Documents suggest lenders sharply dropped their involvement complaint estimates aft unit from cardinal banks.

Evidence was not shown to juries wherever bankers were jailed for smaller-scale involvement complaint "rigging".

Regulators said they had followed disclosure rules, declined to remark oregon successful 1 lawsuit rebutted the claims.

At the tallness of the 2008 fiscal crisis, erstwhile slope lending had astir crushed to a halt, cardinal banks astir the satellite urged calm. But down the scenes, the probe reveals grounds that they were pulling levers to reconstruct calm artificially - measures which would aboriginal beryllium ruled to beryllium against the instrumentality successful the UK.

Those measures related to benchmark involvement rates called Libor and Euribor, which way however overmuch it costs banks to get wealth from each other. As specified they are a large power connected the outgo of mortgages and different loans. The much assurance investors had successful the borrowing bank, the little the rate. The higher the rate, the much doubts the marketplace had astir the viability of that bank.

In October 2008 determination was an planetary drive, involving the cardinal banks of the UK, US and eurozone, to get Libor down and reconstruct a consciousness of calm to the market, astatine a clip erstwhile banks lending had astir crushed to a halt.

Some grounds has antecedently emerged of Bank of England and UK authorities engagement successful manipulation of involvement rates. But the grounds indicating it was portion of a broader, planetary thrust not conscionable by the UK but by cardinal banks crossed the occidental satellite to propulsion cardinal involvement rates down successful October 2008 has ne'er been published before.

In November 2010, investigating agencies from the US Federal Bureau of Investigation (FBI) to the UK fiscal regulator were straight informed of this - but they person since kept it concealed from Parliament, Congress and the public.

Andrew Tyrie, who chaired the UK Treasury Committee of MPs erstwhile it enquired into Libor successful 2012, told the BBC that helium believed Parliament "appears to person been misled".

"The grounds that Mr Verity has unearthed powerfully suggests that the committee's enquiry into the Libor ungraded was not told the full truth.

"The nationalist trust connected Parliament to get to the truth. This lawsuit illustrates wherefore Parliament should bolster its accusation gathering powers with much effectual sanctions against those who supply little than the afloat picture. Parliament appears to person been misled and, if that's the case, should not fto it rest."

I uncovered extracts from the transcript of an interrogation fixed by Barclays currency trader Peter Johnson whilst researching a publication I person written astir the concealed past of the involvement complaint rigging scandal.

The interrogation was fixed connected 19 November 2010 to the US Department of Justice, the FBI, different US regulators, and the UK's fiscal regulator, past called the Financial Services Authority (FSA).

Image source, Getty Images

While 37 traders and brokers person been prosecuted by the US Department of Justice and the UK's Serious Fraud Office, jurors successful 9 transgression trials for overmuch smaller-scale involvement complaint "rigging" held successful London and New York betwixt 2015 and 2019 were ne'er shown this evidence.

Backed up and supplemented by published data, the suppressed grounds indicates that successful October 2008, cardinal banks including the Bank of England, the Banque de France, the European Central Bank, Banca d'Italia, Banco de Espana and the Federal Reserve Bank of New York intervened connected a ample standard successful the mounting of Libor and Euribor.

Further suppressed grounds indicates that the UK government, including 10 Downing Street, was besides progressive successful pressuring banks to "manipulate" Libor arsenic defined by the transgression courts - meaning seeking to get movements successful the benchmark complaint portion "disregarding the due ground for mounting Libor".

Nineteen traders person been convicted and 9 jailed due to the fact that of tribunal rulings that outlawed immoderate power connected Libor isolated from the involvement rates connected connection connected the wealth markets astatine which a slope could get and lend cash.

If they allowed its mounting to beryllium influenced by different factors, specified arsenic the tendency to debar atrocious publicity oregon to assistance a bank's marketplace trades, they could beryllium jailed for involvement complaint "manipulation".

Call for caller investigation

Speaking successful Parliament, elder Conservative MP David Davis said: "I'm greatly acrophobic the Treasury Select Committee whitethorn person been misled by authorities agencies astir the cognition and engagement of the authorities successful mounting mendacious rates. It's a large and analyzable contented with hundreds of pages of evidence."

Mr Davis said that successful the airy of the grounds he'd seen determination was "a lawsuit to judge that authorities agencies coerced individuals into perjury that led to mendacious convictions".

Mr Davis added helium would inquire the Met Police to analyse imaginable perjury, but besides called for the Treasury Select Committee to analyse his interest that Parliament whitethorn person been misled.

Image source, Reuters/Alamy

Image caption,

Peter Johnson was interviewed by the FBI

Among the grounds suggesting a cover-up, is simply a signaling from 2010 of FBI researcher Mike Kelly interviewing Peter Johnson, who submitted Libor rates connected behalf of Barclays bank.

Mr Johnson said successful October 2008 helium was instructed by his bosses to taxable artificially debased Libor rates, acold beneath the existent involvement rates connected connection successful the marketplace - nether unit from the Bank of England and the UK government.

In the recording, Mr Kelly asked Mr Johnson: "Did you person immoderate knowing arsenic to wherefore this unit was being enactment upon Barclays?"

"I'm not definite that it was being enactment conscionable connected Barclays," replied Mr Johnson.

"OK? Who other did you think, was being pressured?"

"We understood that the French banks had been told to get their rates down[...]"

"What entity was pressuring them?"

"We judge it was the Banque du France."

Record complaint falls

That accusation - ne'er mentioned by regulators to Parliament nor Congress - is corroborated and supported by the published information connected Euribor submissions from the time.

They amusement that pursuing a co-ordinated chopped successful authoritative rates by six cardinal banks connected 8 October 2008, determination were besides grounds falls successful banks' estimates of the outgo of borrowing euros by French banks - moves lone explicable arsenic having been co-ordinated astatine a nationalist level.

Image source, Getty Images

Because the immense bulk of the different 40 banks whose Euribor submissions were monitored held rates steady, marketplace factors could not explicate the grounds moves.

Between 8 and 9 October, BNP Paribas chopped its Euribor rates by 0.4% successful a time - larger than the 0.35% determination pursuing the panic attacks of 11 September 2001. In the wealth markets, Euribor submissions seldom determination by much than 0.1% per day.

Over the adjacent 3 moving days unprecedented moves happened astatine different banks:

  • French slope Credit Agricole dropped its Euribor estimates of the outgo of borrowing euros implicit 3 months by 0.38%
  • Societe Generale dropped the aforesaid Euribor complaint by 0.42%
  • Credit Industriel et Commercial dropped by 0.43%
  • HSBC's French part dropped by 0.48%
  • Italian slope Intesa Sanpaolo dropped its complaint for borrowing euros implicit 3 months successful unusually circular figures, of 0.1% per time implicit 3 days.

On the play of 11-12 October 2008, past UK Prime Minister Gordon Brown flew to Paris for an exigency acme with European leaders, including past European Central Bank president Jean-Claude Trichet, each of whom issued statements calling for the request for "co-ordinated" enactment to tackle the crisis.

Following the play summit, Banca Monte dei Paschi di Siena caught up, dropping its rates by an unprecedented 0.4% points successful a day. Spain excessively showed akin grounds drops.

Mr Johnson besides pointed investigators to a below-market connection successful the dollar Libor marketplace successful New York made by JPMorgan Chase successful precocious October 2008.

Interviewing him successful November 2010, the US regulator confirmed it had seen information that Chase New York had offered to lend astatine 4.68% - portion putting successful a Libor estimation of the outgo of borrowing dollars that was overmuch little - astatine 3.25%.

Mr Johnson said helium believed the connection to lend astatine a complaint inactive acold beneath the market, mid-crisis, erstwhile different lenders were refusing to lend immoderate cash, was done astatine the urging of the Federal Reserve Bank of New York.

"Were determination rumours surrounding Chase astatine that time?", asked an researcher for US regulator Commodity Future Trading Commission, Anne Termine.

"Yes", Mr Johnson replied.

"That the Fed had asked it to lend wealth into the market".

However, the US authorities look not to person investigated the US cardinal bank's rumoured involution successful their last notices for Barclays. Mr Johnson was asked nary further questions and the Department of Justice's last notices fining banks for Libor manipulation made nary notation of immoderate US cardinal slope intervention.

None of this grounds was made nationalist successful property notices and statements of information published by regulators arsenic they prosecuted 37 traders and fined banks $8.8bn for rigging Libor and Euribor. None of the jurors were made alert of it.

The Treasury said it did not question to power idiosyncratic slope Libor submissions.

The Financial Conduct Authority told the BBC it had met its disclosure obligations.

The Bank of England has antecedently referred to the allegations arsenic "unsubstantiated".

The FBI and the CFTC declined to comment.

The European Central Bank (ECB) said they "strongly rebut" the assertions which they say, without giving details, "misrepresent the relation of a cardinal slope successful implementing monetary policy". They besides said that ECB has ever acted successful enactment with its mandate and successful afloat compliance with applicable law"

Italian slope Intesa Sanpaolo said it had ever acted independently and successful afloat compliance with the rate-setting rules.

Follow Andy Verity connected Twitter @andyverity

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