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<div class="ad"> </div></div><div id="dealbook"><div align="left"><span class="timestamp published" title="2012-07-09T22:30:06+00:00">July 9, 2012, <span>10:30 pm</span></span><h3 class="entry-title">Bank Scandal Turns Spotlight to Regulators</h3>
<address class="byline author vcard">By <a href="http://dealbook.nytimes.com/author/ben-protess/" class="url fn" title="See all posts by BEN PROTESS">BEN PROTESS</a> <span>and</span> <a href="http://dealbook.nytimes.com/author/mark-scott/" class="url fn" title="See all posts by MARK SCOTT">MARK SCOTT</a></address><div class="entry-content">
<p><strong>10:04 a.m. | Updated </strong></p><p>As
big banks face the fallout from a global investigation into interest
rate manipulation, American and British lawmakers are scrutinizing
regulators who failed to take action that might have prevented years of
illegal activity.</p><p>Politicians in both London and Washington are
questioning whether regulators allowed banks to report false rates in
the run-up to the 2008 financial crisis and afterward. On Monday,
Congress stepped into the fray, requesting information about the role of
the Federal Reserve Bank of New York, according to people close to the
matter. The Senate Banking Committee on Tuesday also announced it was
looking into the issue.</p><p>The focus on regulators and other financial institutions has intensified in the last two weeks after the British bank <a href="http://topics.nytimes.com/top/news/business/companies/barclays_plc/index.html?inline=nyt-org">Barclays</a>
agreed to pay $450 million to resolve an enforcement case. British and
American authorities accused the bank of improperly influencing key
interest rates to deflect concerns about its health and bolster profits.</p><p>The
Barclays settlement is the first action stemming from a broad
investigation into how banks set key benchmarks, including the <a href="http://topics.nytimes.com/top/reference/timestopics/subjects/l/london_interbank_offered_rate_libor/index.html?inline=nyt-classifier">London interbank offered rate</a>,
or Libor. The pricing of $350 trillion of financial products, including
credit cards, mortgages and student loans, is pegged to Libor and other
such rates.</p><p>Authorities around the world are now considering action against more than 10 big banks, including <a href="http://dealbook.on.nytimes.com/public/overview?symbol=UBS&inline=nyt-org">UBS</a>, <a href="http://dealbook.on.nytimes.com/public/overview?symbol=JPM&inline=nyt-org">JPMorgan</a> and <a href="http://dealbook.on.nytimes.com/public/overview?symbol=C&inline=nyt-org">Citigroup</a>.
The banks also face a raft of civil litigation from municipalities,
investors and other financial firms that claim they lost money from the
misreporting of rates. These lawsuits could end up costing the banking
industry tens of billions of dollars, according to analysts.</p><p>On
Monday, the oversight panel of the House Financial Services Committee
sent a letter to the New York Fed seeking transcripts from at least a
dozen phone calls in 2007 and 2008 between central bank officials and
executives at Barclays.</p><p>"Some news reports indicate that although
Barclays raised concerns multiple times with American and British
authorities about discrepancies over how Libor was set, the bank was not
told to stop the practice," Representative Randy Neugebauer, a Texas
Republican and the head of the House oversight panel, said in the
letter, which was reviewed by The New York Times.</p><p>The political
firestorm also escalated in London on Monday, where a British
parliamentary committee grilled a top Bank of England official over his
knowledge of wrongdoing at Barclays. British politicians chided Paul
Tucker, deputy governor at the Bank of England, the country's central
bank, for not taking a more active role in Libor.</p><p>In November
2007, Mr. Tucker led a meeting in which some officials raised concerns
that banks were underreporting Libor submissions to temper concerns
about their health, a process known as lowballing. It was in the
earliest stages of the market turmoil that would culminate in the 2008
financial crisis, and banks were loath to report high rates that pointed
to weak financial footing.</p><p>"This doesn't look good, Mr. Tucker,"
Andrew Tyrie, the head of the parliamentary committee, said on Monday,
referring to minutes of the meeting. "We have what appear to any
reasonable person as the lowballing of rates."</p><p>The Barclays
settlement with the Commodity Futures Trading Commission, Justice
Department and Financial Services Authority of Britain has been a black
mark for the bank. The scandal has already prompted the resignation
of the bank's chairman, Marcus Agius; its chief executive, Robert
Diamond; and a top deputy, Jerry del Missier.</p><p>As it tries to
control the damage, Barclays is framing a defense around the notion that
regulators approved the actions. Last week, the bank released
information about dozens of conversations with the Bank of England, the
New York Fed and other government agencies.</p><p>In one call with the
Financial Services Authority, a Barclays manager acknowledged that the
bank was understating its Libor submissions. "So, to the extent that,
um, the Libors have been understated, are we guilty of being part of the
pack? You could say we are," the Barclays manager said, according to
regulatory documents.</p><p>The bank also discussed its Libor rates
twice with the Bank of England in fall 2008, according to documents
Barclays released last week. Additional evidence has emerged that the
British central bank first held discussions about Libor with Mr. del
Missier a year earlier, in late 2007, said a person briefed on the
matter, who spoke on condition of anonymity.</p><p>Authorities are also
focused on Barclays' conversations with the New York Fed, including
discussions between senior bank employees and officials from the Fed's
trading desk, according to another person briefed on the matter, who
also requested anonymity.</p><p>In the letter to the New York Fed, Mr. Neugebauer requested transcripts of the calls by Friday.</p><p>"The
role of the government is to ensure that our capital markets are run
with the highest standards of honesty, integrity and transparency," Mr.
Neugebauer said on Monday. "The interest rate manipulation scandal
clearly demonstrates that these principles were violated by Barclays
and, from what we understand, other banks as well. My request to the New
York Fed is a preliminary step to understanding what role, if any, the
regulators played in this scandal."</p><p>Among the officials that the
Senate Banking Committee plans to question during hearings this month
include Federal Reserve Chairman Ben Bernanke and Treasury Secretary
Timothy Geithner, who ran the New York Fed during the crisis.</p><p>"I
am concerned by the growing allegations of potential widespread
manipulation of Libor and similar interbank rates by some financial
firms.," Senator Tim Johnson, the South Dakota Democrat who leads the
committee, said in a statement on Tuesday. "At my direction, the
Committee staff has begun to schedule bipartisan briefings with relevant
parties to learn more about these allegations and related enforcement
actions."</p><p>In a statement, a New York Fed spokeswoman said that
during the financial crisis "we received occasional anecdotal reports
from Barclays of problems with Libor." Ultimately, the New York Fed made
"further inquiry of Barclays as to how Libor submissions were being
conducted" and offered "suggestions for reform of Libor" to British
authorities.</p><p>Under sharp questioning by British political leaders
on Monday, Mr. Tucker, considered a front-runner to succeed Mervyn A.
King as the next head of the Bank of England, defended the central bank
and his professional future. Committee members focused their questioning
on a conversation that Mr. Tucker had with Mr. Diamond in October 2008.</p><p>According
to an e-mail trail, Mr. Tucker contacted Mr. Diamond, saying he was
"struck" that Barclays was paying a high interest rate on its loans.</p><p>Mr.
Tucker testified that his conversations with Mr. Diamond were meant to
convey that the financial markets were questioning whether the British
bank had access to capital.</p><p>Barclays last week also released
documents saying that at least some bank executives believed Mr. Tucker
had instructed them to lower the Libor submissions. That belief, some
regulators say, stemmed from a "miscommunication," rather than
instructions from Mr. Tucker. The bank also never explicitly told
regulators that it was reporting false interest rates that amounted to
manipulation, according to regulatory documents.</p><p>Mr. Tucker on
Monday flatly denied that he authorized, or even knew about, any
improper actions. "We were not aware of it, other than what is starting
to come out in these investigations," he said.</p><p>Underscoring the
point, he noted that the Bank of England used the rate to set its
Special Liquidity Scheme, in which the government lent local banks more
than $310 billion from 2008 to 2011.</p><p>Still, British politicians
criticized Mr. Tucker for not taking a more active role in policing the
banks. When asked whether he was confident that the Libor manipulation
had stopped, Mr. Tucker wavered.</p><p>"I can't be confident about anything after learning about this cesspit," he replied.</p></div></div></div><br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br>
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