UBS, the Swiss banking giant, is close to reaching
settlements with American and British authorities over the manipulation of
interest rates, the latest case in a multiyear investigation that has rattled
the financial industry and spurred a public outcry for broad reform. UBS is
expected to pay more than $450 million to settle claims that some employees
reported false rates to increase the bank’s profit, according to officials
briefed on the matter who spoke on the condition of anonymity because the talks
were private. If the bank agrees to the deals with various authorities, the
collective penalties would yield the largest total fines to date related to the
rate-rigging inquiry and would increase the likelihood that other financial
institutions would face stiff penalties. Authorities dealt their first blow in
the rate-rigging case in June when the British bank Barclays agreed to a $450
million settlement. A spokeswoman for UBS declined to comment. The agencies
leading the UBS investigation, the Commodity Futures Trading Commission, the
Justice Department and Britain’s Financial Services Authority
, also declined to
comment. The UBS case will provide a window into systemic problems in the
rate-setting process, which affects how consumers and companies borrow money
around the world. After reviewing thousands of internal bank e-mails and
interviewing dozens of employees, the authorities have uncovered patterns of
abuse at the major banks that help set benchmark interest rates. The sprawling
investigation is focused on benchmarks like the London interbank offered rate,
or Libor. The rate, a measure of how much banks charge each other for loans, is
used to determine the costs of trillions of dollars of mortgages, credit card
charges and student loans. The authorities claim that UBS traders colluded with
rival banks to influence rates in an effort to bolster their profits, according
to officials briefed on the matter. Some traders at UBS were suspended this
year over the matter. Given the scope of the case, the UBS settlement is
expected to heighten calls for a reform of the Libor system. Lawmakers are
pushing to change the way banks report rates, providing more transparency to
consumers, companies and investors that rely on the benchmark. The reform
movement gained momentum after global authorities secured the settlement with
Barclays. Regulators had accused Barclays of reporting false rates, a scandal
that prompted the resignation of the chief executive and other top officials at
the bank.
Global authorities are now moving forward with civil
and criminal cases, setting up the potential for major fines and regulatory
sanctions. Some banks are in advanced settlement talks, including UBS and the
Royal Bank of Scotland. The Royal Bank said it expected to disclose penalties
before the firm’s next earnings release in February. Deutsche Bank said last
month that it had set aside money to cover potential fines, although it was too
early to predict the size. American authorities are hoping to complete a deal
with UBS by the middle of the month, according to officials briefed on the
matter. The officials noted that the discussions could spill into next year.
The talks could also break down, in which case the authorities would file a
lawsuit against the bank. It is unclear whether global authorities will act in
tandem on the UBS case. The bank and the regulators would prefer to strike a
deal together, but the agencies are proceeding at different speeds.
Investigators say the broader Libor case could go on
for years.
Canadian, Swiss and Asian authorities as well as the
Justice Department, the Commodity Futures Trading Commission and Britain’s
Financial Services Authority are investigating the actions of more than a dozen
banks. Along with UBS, the futures commission is focused on potential
wrongdoing at two American banks, Citigroup and JPMorgan Chase, the officials
said. HSBC is also under scrutiny.
Carolyn Kaster/Associated Press
Eric T. Schneiderman, New York’s attorney general, has
been pressing banks like UBS over financial misconduct.
In addition to the regulatory cases, the Justice
Department has identified potential criminal wrongdoing by traders at Barclays
and other banks. The banks also face private lawsuits from large investors like
local governments, which claim to have suffered losses as a result of interest
rate manipulation. The New York attorney general has subpoenaed 16 banks over
their role in the scandal, an action that could foreshadow civil lawsuits.
Analysts predict the financial industry could face penalties of up to $20
billion.
“The evidence that comes out of any future settlement
is likely to be enormously helpful for our claims,” said David E. Kovel, a
partner at the law firm Kirby McInerney who is representing clients in a
potential class-action suit related to Libor.
For UBS, the Libor case comes at a difficult time.
It has faced a series of legal problems since the
financial crisis. In 2009, the bank agreed to pay $780 million to settle
accusations by American authorities that it helped wealthy clients avoid taxes.
In 2011, it announced a $2.3 billion loss prompted by
a rogue trader, Kweku M. Adoboli, who received a seven-year jail sentence for
fraud last month. The firm agreed to pay a $47.5 million penalty to the British
authorities in connection with the trading loss.
In the Libor case, UBS has been eager to cooperate. It
has already reached a conditional immunity deal with the antitrust arm of the
Justice Department, which could protect the bank from criminal prosecution
under certain conditions. It is also cooperating with Canadian antitrust
authorities by handing over e-mails and other documents implicating other
banks.
But it did acknowledge publicly that such deals would
not shield the bank from potential penalties from other regulators. The Justice
Department’s criminal unit, for instance, could still take action against the
bank.
UBS disclosed last year that it was the subject of
investigations related to Libor, saying it had received subpoenas from American
and Japanese authorities. Swiss and British regulators have joined the UBS
investigation, which involves a number of currencies in the Libor system.
The timing of the Libor cases against UBS depends in
large part on cooperation among regulators.
The Financial Services Authority in Britain has worked
closely with its American counterparts. In total, the British regulator has
about 160 people working on its various cases against banks, which are at
different stages of development.
As the top watchdog of London’s financial services
industry, the British regulator has positioned itself as a conduit for document
requests from international regulators regarding Libor, which is set daily by
banks in London. The agency also organizes interviews for its American
counterparts with London-based bankers involved in the inquiries, according to
an official with direct knowledge of the matter.
British regulators had been ready to move against UBS
a month after officials announced a settlement with Barclays, the person added.
The settlement has been delayed, however, as global authorities have tried to
pursue a joint agreement with the bank.
“We’ve been going at the pace of the slowest
regulator,” the official said.
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