Tuesday, January 1, 2013

UK Floats Legislation to Tame LIBOR

Author: David Schwartz J.D. CPA
The government has acted swiftly and is implementing Martin Wheatley’s recommendations as quickly as possible, introducing legislation that brings Libor within the scope of regulation and creating new criminal sanctions for attempted manipulation of Libor. Recent events have illustrated that Libor might not be the only benchmark subject to attempted manipulation. We are consulting on whether further benchmarks should be brought with the scope of regulation. -- Financial Secretary to the Treasury Greg Clark

Endorsing the recommendations of the Wheatley Report,the UK Government has issued draft legislation intended to reform the London Inter-Bank Offered Rate (LIBOR) by bringing it within the scope of UK regulators and making the manipulation of LIBOR a criminal offense. The Wheatley Report published August 10, 2012 by a team commissioned by the UK Treasury's Chancellor of the Exchequer and headed by Martin Wheatley, Managing Director of the UK Financial Services Authority and Chief Executive Designate of the Financial Conduct Authority (one of the successor organizations to the FSA), examined the structure and governance of LIBOR and the corresponding criminal sanctions regime. The report developed a number of sweeping recommendations which, if implemented, would radically change the way LIBOR is developed and overseen. The draft legislation adopts all of the Wheatley report recommendations.
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Tuesday, September 4, 2012

LIBOR Banks Face a Hurricane of Litigation

Author: David Schwartz J.D. CPA
A storm, or more aptly, a hurricane of litigation is on its way for the banks involved in the LIBOR rate-rigging scandal. The LIBOR banks face not just the prospect of criminal prosecution, but also exposure to law suits by thousands of market participants and others who relied upon the key interest rate in transactions and financial products.   Getting out ahead of the other banks, the UK's Barklays has been busy making deals to contain its exposure to prosecution and protect its executives.  Upon admitting its role in the scandal and implicating the other rate setting banks as well as central banks, Barclays promptly entered a civil settlement with the Commodities and Futures Trading Commission, agreeing to pay $200 million, and negotiated a deal with the UK's Financial Services Authority and the US Justice Department whereby Barclays and its executives escape prosecution. The remaining rate setting banks, however, remain under threat of prosecution for antitrust and fraud violations, potentially including prosecution under statutes created to fight organized crime. The prospect of criminal prosecution and the threat of anti-trust treble damages are only the beginning.  All of the rate setting banks, including Barclays, face the prospect of wave after wave of lawsuits from market participants affected by or reliant upon LIBOR.   These include major banks like Goldman Sachs whose interest rate swap products relied on LIBOR, as well as approximately 75% of America's major cities across the country who purchased those interest rate swaps.  In addition, large public pension funds as well as hospitals, universities, and other nonprofits who held interest rate swaps or other derivatives pegged to LIBOR are considering suing the banks.
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Wednesday, August 22, 2012

Does LIBOR Have a Future?

Author: David Schwartz J.D. CPA
A discussion paper published on August 10, 2012 by a team commissioned by the UK Treasury's Chancellor of the Exchequer takes a look at the structure and governance of LIBOR and the corresponding criminal sanctions regime. This initial discussion paper identifies the failures within the current LIBOR processes, explores the options to strengthen LIBOR, considers whether LIBOR could or should be replaced by alternative benchmarks, and looks into whether the issues raised with respect to LIBOR are relevant to other benchmarks in financial and other markets.  Martin Wheatley, Managing Director of the UK Financial Services Authority and Chief Executive Designate of the Financial Conduct Authority (one of the successor organizations to the FSA) was directed to perform this review and report back to HM Treasury with recommendations.
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