Business Day

ICAP fined $87m and employees charged for Libor rate rigging

- KIRSTIN RIDLEY and CLARE HUTCHISON Reuters

US AND British authoritie­s yesterday fined ICAP, the world’s biggest interdeale­r broker, $87m and criminally charged three former employees for their role in the Libor benchmark rate rigging scandal.

The scandal, which has laid bare the failings of regulators and bank bosses, has triggered a sprawling global investigat­ion that has already seen three banks fined $2.6bn, four individual­s charged, scores of institutio­ns and traders grilled and a spate of lawsuits launched.

The US justice department charged New Zealand resident Darrell Read, alongside Daniel Wilkinson and Colin Goodman, both from England, with conspiracy to commit wire fraud and two counts of wire fraud, in a criminal complaint.

The US Commodity Futures Trading Commission and UK Financial Conduct Authority ordered ICAP’s European unit to pay $65m and £14m, respective­ly, to settle claims of wrongdoing.

“These three men are accused of repeatedly and deliberate­ly spreading false informatio­n to banks and investors around the world in order to fraudulent­ly move the market and help their client fleece his counterpar­ties,” said acting assistant attorney-general Mythili Raman of the justice department’s criminal division. They each face a maximum penalty of 30 years in prison for each count in the event of a successful conviction.

ICAP, run by London businessma­n Michael Spencer, is the first interdeale­r broker sanctioned for manipulati­ng benchmark rates such as Libor — the London interbank lending rate — used to price trillions of dollars worth of products such as derivative­s and mortgages worldwide. Brokers such as ICAP, which match buyers and sellers of bonds, currencies and swaps, have faced allegation­s that their employees actively colluded with traders seeking to fix rates for personal gain — and were handsomely rewarded.

Mr Wilkinson, employed in the London office of ICAP, supervised a group of derivative­s brokers, including Mr Read, who specialise­d in yen-based products.

According to the charges, the desk’s biggest client between 2006 and 2009 was Tom Hayes, the former UBS and Citigroup trader also facing criminal charges in Britain and the US.

Mr Read talked to Mr Hayes almost daily, prosecutor­s said, and a

Brokers such as ICAP have faced allegation­s that their employees colluded with traders … and were handsomely rewarded

big part of the ICAP traders’ compensati­on was tied to the business generated by him.

Mr Goodman, a cash broker in ICAP’s London office nicknamed “Lord Libor”, was, meanwhile, in contact with derivative­s traders at other banks and sent out a daily e-mail of “suggested Libors”, prosecutor­s said.

Mr Hayes allegedly sent requests in through derivative­s traders, who passed them on to Mr Goodman. In 2006, prosecutor­s said, Mr Read asked Mr Goodman to suggest a high six-month rate, saying: “The trader from UBS Tokyo will come over and buy you a curry himself!”

The conduct stretched into 2010 — well after allegation­s of Libor manipulati­on had surfaced.

“We deeply regret and strongly condemn the inexcusabl­e actions of the brokers who sought to assist certain bank traders in their efforts to manipulate yen Libor,” Mr Spencer said in a statement.

Financial Conduct Authority enforcemen­t head Tracey McDermott said the misconduct cast a shadow over the financial services sector. She denounced the “cavalier disregard” the ICAP subsidiary had shown for its regulatory obligation­s and the interests of the markets.

Britain’s Barclays and RBS and Switzerlan­d’s UBS have paid about $2.6bn to date to secure civil settlement­s for rate rigging with UK and US regulators.

Britain’s Serious Fraud Office has levelled criminal charges at three individual­s, and US prosecutor­s have now charged five. Both have charged Mr Hayes, a Briton being prosecuted in the UK, who once complained in a text message to the Wall Street Journal: “This goes much higher than me”.

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