Irish Independent

Charlie Weston

Banks could face criminal cases over tracker scam p8

- Charlie Weston Personal Finance Editor

CRIMINAL lawyers have been engaged by the Central Bank to see whether cases can be taken against the bank executives behind the tracker scam.

A leading senior counsel and internatio­nal banking lawyers have been drafted in to build criminal cases to go after senior individual­s in the banks that made the decisions to deny people their right to a good-value tracker mortgage.

The revelation comes as the Central Bank said the number of people affected by the tracker mortgage scandal had more than doubled in the past three months.

The latest figures from the Central Bank show that 33,700 mortgage accounts have been affected by what is emerging as the largest overchargi­ng scam in the history of the State.

Banks have now owned up to an additional 13,600 cases since the last update for those affected was issued by the Central Bank in September.

The total number who lost homes has risen from 23 to 37, with another 79 buy-to-lets sold as a direct result of the tracker overchargi­ng.

AIB has discovered an additional 4,900 cases, with most of these mortgage holders who were never on a tracker rate, but should have been.

Bank of Ireland has already said it has an additional 6,000 cases, while KBC Bank has admitted to an extra 2,500 cases.

There were warnings that the total of 33,700 tracker cases will rise, although the latest figure is thought to represent the majority of customers who have been affected.

There are indication­s from official sources that the numbers are set to grow.

Now it has emerged that leading criminal lawyer Paul Anthony McDermott SC, who specialise­s in criminal and administra­tive law, and internatio­nal regulatory law experts, are examining whether criminal cases can be taken against senior bankers in a bid to hold them personally responsibl­e.

Most banks are expecting fines of up to €10m, or 10pc of their revenue. This could mean fines of up to €300m, based on revenues of €3bn at the two larger banks.

“We are going after individual­s if there is evidence of individual culpabilit­y,” said Central Bank director general (financial conduct) Derville Rowland.

The fact that most of the bankers involved in denying customers trackers have since retired is not expected to be an issue, as the Central Bank is holding an inquiry into alleged regulatory breaches by Michael Fingleton, the high-profile head of the collapsed Irish Nationwide Building Society.

The Central Bank has already met senior gardaí on the issue, but there is no investigat­ion under way by gardaí at present.

Almost €300m has been paid out in refunds of overcharge­d interest and compensati­on to mortgage holders denied the use of money that should never have been taken from them.

Governor of the Central Bank Philip Lane reacted to the latest surge in the number of cases by slating banks he regulates, saying they failed to put the customers first.

“The Central Bank recognises the devastatin­g effects that lenders’ failures have had on families and individual­s.

“That is why we’re using all our powers to force the banks into line and ensure all affected customers are included for redress and compensati­on,” Prof Lane said.

He warned that his office was pursuing enforcemen­t actions against the banks that denied their customers a good-value tracker rate, or put them on the wrong tracker margin, or failed to warn them of the implicatio­ns of opting out of a tracker contract.

People affected by the tracker scam, who get back a tracker rate, are seeing monthly payments typically fall by €300.

‘The Central Bank recognises the devastatin­g effects that lenders’ failures have had on families and individual­s’

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 ??  ?? Central Bank director general (financial conduct) Derville Rowland with Governor Philip Lane
Central Bank director general (financial conduct) Derville Rowland with Governor Philip Lane

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