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<a href="http://www.nytimes.com/"><img src="http://graphics8.nytimes.com/images/misc/nytlogo153x23.gif" alt="The New York Times" align="left" border="0" hspace="0" vspace="0"></a>
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<div class="">December 20, 2012</div>
<h1>Another Questionable Bank Settlement</h1>
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The Department of Justice would like you to believe it has finally
gotten tough with a too-big-to-fail bank. As part of the global
investigation into interest-rate-rigging at the world’s biggest banks, <a title="A DealBook report" href="http://dealbook.nytimes.com/2012/12/19/as-unit-pleads-guilty-ubs-pays-1-5-billion-in-fines-over-rate-rigging/">it has extracted a guilty plea for felony wire fraud</a> from UBS Securities Japan, a subsidiary of UBS, the Swiss bank. </p>
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It has also charged two former UBS traders with crimes that include
conspiracy, wire fraud and violation of antitrust laws. The subsidiary
will pay a $100 million fine, and the traders, if extradited and
convicted, could go to jail. But the deal leaves UBS itself relatively
unscathed. In all, it will pay $1.5 billion to settle allegations of
rate-rigging that span nearly a decade and implicate the bank and its
bankers far beyond the wrongdoing of two rogue traders. According to the
investigation by the <a href="http://www.fsa.gov.uk/">Financial Services Authority</a>,
the British regulator, 40 individuals at UBS, including 11 managers,
were directly involved in rate-rigging that was carried out to boost
trading profits, while at least two more managers and five senior
managers were aware of the practice. </p>
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In addition, the bank’s settlement with the Justice Department says that
“certain UBS managers and senior managers” in the bank’s Group
Treasury, which oversees the financial resources of the entire bank,
repeatedly disseminated directives to underlings to “err on the low
side” in setting rates, a practice that was intended to deflect concerns
about its health during the financial crisis. </p>
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Seen in that light, a subsidiary’s plea on a single criminal charge
appears to shield the parent company and the prosecution of two traders
appears to shield their managers. And even though a $1.5 billion penalty
is large by historical standards, there is little reason to believe
that such fines, disconnected from criminal charges against bank
officers, will deter future wrongdoing. </p>
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<a title="The department’s news release" href="http://www.justice.gov/opa/pr/2012/December/12-ag-1522.html">The Justice Department referred</a> to the UBS rate-rigging as an “epic” scandal. But, as yet, there has been nothing epic in the department’s response. </p>
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<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><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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