LONDON-British prosecutors said yesterday they are examining whether they can bring criminal charges on top of the massive fines imposed on Barclays bank for a financial market manipulation scandal. The announcement followed hours after Barclays' chairman, Marcus Agius, resigned and accepted ultimate responsibility for the misbehaviour between 2005 and 2009 which cost the company US$453 million in fines by US and British agencies.
Britain's Serious Fraud Office (SFO) said it hopes to decide whether to pursue criminal charges within a month. "The SFO is aware of investigations in other jurisdictions and working with the relevant authorities," it said in a statement. It wasn't immediately clear whether the SFO was considering charges against the company as well as individuals. The US Justice Department said last week that individuals at Barclays could face prosecution but the company would not because of its co-operation in revealing how the bank and individual employees submitted false data on interbank borrowing rates.
Agius' departure boosted the bank's share price but also brought fresh demands that Chief Executive Bob Diamond also accept responsibility and resign. "Everybody is asking when are the other senior people at the top of Barclays going to take responsibility for the things that happened on their watch," Deputy Prime Minister Nick Clegg said. Ed Miliband, leader of the opposition Labour Party, also called for Diamond to step down. "I want to see criminal sanctions against those who broke the law," he added. Barclays shares were 3.4 per cent higher in midday trading at 168.4 pence, holding on to earlier gains despite the SFO announcement. Diamond, giving no hint that he was considering resignation, sent a memo to bank staff saying that Barclays' own disciplinary process "will be completed swiftly now that regulatory reviews are complete." Penalties could include clawing back bonuses and dismissal, he said. "I am disappointed because many of these behaviours happened on my watch. It is my responsibility to make sure that it cannot happen again," Diamond said. Barclays is one of a number of banks which regularly submit estimates of what it will cost them to borrow from other banks. These estimates feed into calculation of the London interbank offered rate (LIBOR) which is used to determine payments from a range of derivatives contracts.
The London rate, and the related European interbank offered rate, are the benchmarks for over US$500 trillion in global contracts, including loans and mortgages. Barclays admitted that it had submitted lower than actual figures on its interbank borrowing during the credit crisis in 2007 and 2008. Several other global banks are being investigated in other countries for similar actions. "As chairman, I am the ultimate guardian of the bank's reputation," said Agius, who has led Barclays' board since 2007. "Accordingly, the buck stops with me and I must acknowledge responsibility by standing aside." Agius' position was particularly sensitive as he was also chairman of the British Bankers' Association, the trade body that collects the banks' rate submissions to calculate the LIBOR. He resigned from that post as well yesterday. Prime Minister David Cameron, meanwhile, announced a parliamentary inquiry into the culture and standards of the banking industry, to report by the end of the year. "The British people want to see two things: they want to see bankers who acted improperly punished, and see a banking system the people can have faith in," Cameron said. Michael Rake, a senior independent director of Barclays, has been appointed to lead an in-house review of the company's past practices, publish a report of its findings, and develop a new, mandatory code of conduct. Agius will remain as chairman until a successor is appointed. (AP)
