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Libor scandal

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Libor scandal
NameLibor scandal
Date2005–2012
LocationLondon, New York City, Tokyo, Zurich
TypeFinancial benchmark manipulation
OutcomeWidespread fines, criminal charges, reforms to benchmark governance

Libor scandal was a widespread series of manipulations of the London Interbank Offered Rate benchmark that affected global interest rate quoting and derivative markets during the 2000s and early 2010s. Investigations by regulatory authorities and prosecutors across jurisdictions exposed coordinated manipulation by traders and submitters at major financial institutions, leading to criminal prosecutions, civil settlements, and major reforms to benchmark administration. The affair implicated prominent banks, senior traders, benchmark submitters, and supervisory agencies, provoking policy responses from central banks and legislative bodies.

Background

The London Interbank Offered Rate, commonly known as LIBOR, functioned as a reference rate used in contracts linked to USD, GBP, euro-denominated loans, mortgage products, syndicated loans, and over-the-counter derivatives such as interest rate swaps and futures contracts. LIBOR was administered by the British Bankers' Association until governance changes prompted transfer to the ICE Benchmark Administration and later oversight by the Financial Conduct Authority. Major contributors to LIBOR submissions included global banks such as Barclays, UBS, Citigroup, Deutsche Bank, Royal Bank of Scotland, and HSBC. The rate underpinned contracts governed by market conventions involving ISDA documentation and influenced policy instruments monitored by central banks including the Bank of England, the Federal Reserve, and the European Central Bank.

Discovery and investigations

Allegations surfaced following media reporting and leaked documents that prompted inquiries by national authorities including the UK Serious Fraud Office, the United States Department of Justice, the Commodity Futures Trading Commission, the Financial Services Authority, and the FINMA. Investigations expanded through coordination with prosecutors in Japan, Australia, Canada, and Singapore. High-profile investigative journalism by newspapers such as The Wall Street Journal and Bloomberg News accelerated scrutiny, triggering parliamentary hearings by the Treasury Select Committee and congressional testimony before the United States Senate. Whistleblowers and internal compliance documents contributed evidence used in enforcement actions against banks and individuals.

Methods of manipulation

Traders and submitters allegedly used strategic submissions and communications to influence published rates for profit and to favor trading positions. Practices included coordinated requests by traders to submitters to report lower or higher borrowing estimates, cross-border chatroom discussions on platforms tied to live markets, and timing submissions to affect settlement of complex instruments such as credit default swaps and Eurodollar futures. Evidence revealed use of internal electronic messages, emails, and instant messages that linked trading desks at institutions like UBS, Barclays, RBC, and Lloyds Banking Group with LIBOR submitters. Some manipulations aimed to mask funding stress during the 2007–2008 financial crisis while others attempted to alter profit outcomes in proprietary trading and client positions.

Key participants and institutions

Investigations implicated major financial firms including Barclays, UBS, Deutsche Bank, RBS, Citigroup, JPMorgan Chase, HSBC, Santander, Mizuho Financial Group, and Rabobank. Individual prosecutions and charges involved traders and submitters such as Tom Hayes, who faced prosecution in United Kingdom and U.S. courts, as well as individuals at Credit Suisse and BNP Paribas who were linked via internal communications. Benchmark administrators and industry bodies including the British Bankers' Association, the ICE Benchmark Administration, and the ISDA featured in governance critiques. Central banks including the Bank of England, the Federal Reserve, and the European Central Bank played roles in detection, inquiry, and reform dialogue.

Banks reached multi-jurisdictional settlements with fines levied by regulators such as the US Department of Justice, the Commodity Futures Trading Commission, the Financial Conduct Authority, and the European Commission. Fines exceeded several billion dollars collectively, and criminal convictions were secured in multiple jurisdictions. Notable cases included the conviction of trader Tom Hayes in the Old Bailey and convictions or plea agreements involving individuals pursued by the US Attorney's Office and the Crown Prosecution Service. Some banks, notably Deutsche Bank and UBS, faced prolonged litigation and civil claims in Manhattan federal courts and High Court of Justice proceedings. Compensation schemes and class actions brought by investors and borrowers sought redress under contract and tort claims.

Regulatory and market reforms

Regulatory responses encompassed transfer of benchmark administration from the British Bankers' Association to the ICE Benchmark Administration and statutory reforms under the Financial Services (Banking Reform) Act and similar measures in other jurisdictions. Policymakers advanced development of alternative benchmarks such as the Secured Overnight Financing Rate (SOFR) in the United States, the Sterling Overnight Index Average (SONIA) in the United Kingdom, and the €STR in the Eurozone. Reforms strengthened submissions governance, introduced criminal sanctions, enhanced transparency, and imposed mandatory record-keeping by regulated entities overseen by the Financial Conduct Authority, the Office of the Comptroller of the Currency, and the European Securities and Markets Authority. Transition programs coordinated by central counterparties and market infrastructure providers like LCH.Clearnet and Eurex facilitated migration of legacy contracts from LIBOR to robust alternative reference rates.

Category:Financial scandals