header-logo header-logo

26 July 2012 / Hle Blog
Issue: 7524 / Categories: Blogs
printer mail-detail

The LIBOR conspiracy

HLE blogger David Allan ponders the Barclays controversy

"For those who are partial to conspiracy theories, Paul Tucker’s evidence to the Treasury Select Committee on 9 July was a real treat.

This is about as close as we are likely to get to evidence of a conspiracy at the top-level of society with international ramifications.

Barclays has accepted a fine of £290m by the Financial Services Authority and US regulators for its involvement in manipulating the LIBOR rate—a bundle of interest rates that tell investors what banks have to pay to borrow money. Part of the admitted wrongdoing involves Barclays’ staff deliberately submitting figures suggesting that Barclays was able to borrow money more cheaply than was in fact the case between 2007–2009. The purpose of this was to try and ease concerns over Barclays’ financial strength and prevent a run on the shares and possible nationalisation of the bank.

In what amounts to a “sensational disclosure” in banking terms, on the day of the resignation of Bob Diamond, the CEO of Barclays, the bank published an e-mail from 29 October 2008 which purported to be a contemporaneous note of a telephone conversation between Diamond and Tucker, a deputy governor of the Bank of England, in which Diamond appeared to be passing on Barclays’ suspicions that other banks were manipulating their LIBOR figures to Tucker. According to the note, Tucker expressed reluctance to take this complaint any further. Instead, on one interpretation of what was recorded, he gave tacit consent on behalf of the Bank of England for Barclays to falsify their figures in the same way.

This might provide a defence for any Barclays’ staff indicted with LIBOR manipulation because they may be able to say that as far as they believed they were acting honestly—with the consent of the Bank of England...”

To continue reading go to: www.halsburyslawexchange.co.uk

 

Issue: 7524 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll