A former supervisor of Deutsche Bank’s Pool Trading Desk and
a former derivatives trader were convicted today in New York for their
participation in a scheme to manipulate the London Interbank Offered Rate
(LIBOR), a critical global benchmark tied to trillions of dollars in
derivatives, loans, mortgages, and other financial products.
Assistant Attorney General Brian A. Benczkowski of the
Justice Department’s Criminal Division; Assistant Attorney General Makan
Delrahim of the Justice Department’s Antitrust Division; and Special Agent in
Charge Matthew J. DeSarno of the FBI’s Washington Field Office’s Criminal
Division made the announcement.
Following a month long jury trial before the Hon. Chief
Judge Colleen McMahon of the U.S. District Court for the Southern District of
New York, a jury convicted former Deutsche Bank supervisor Matthew Connolly,
53, of Basking Ridge, New Jersey, of one count of conspiracy and two counts of
wire fraud and former derivatives trader Gavin Campbell Black, 48, of London, of
one count of conspiracy and one count of wire fraud. A sentencing date has not been set.
“Matthew Connolly and Gavin Black undermined the integrity
of our financial markets by manipulating LIBOR, which is widely considered to
be the most important number in the financial world because of its impact on
trillions of dollars in financial products,” said Assistant Attorney General
Benczkowski. “The Justice Department and
its law enforcement partners will aggressively investigate and prosecute
individuals and financial institutions who engage in this sort of misconduct.”
“Today’s convictions demonstrate our continuing commitment
to prosecute those who fraudulently manipulated the financial markets for their
own personal benefit and, in doing so, undermined free market competition,”
said Assistant Attorney General Delrahim.
“Such conduct will not be tolerated by this administration, especially
when it threatens to destabilize global markets and financial stability worldwide. This case is a compelling example of
effective coordination among law enforcement agencies — both at home and
abroad. The Antitrust Division will
continue to work with its many partners to aggressively pursue other
individuals involved in this or other illegal schemes that undermine free
financial markets.”
“Today’s conviction should serve as a reminder of our
commitment to hold individuals and institutions accountable for their
involvement in complex fraud schemes,” said Special Agent in Charge DeSarno.
“The FBI will continue to work with our global partners in bringing those who
undermine our financial markets to justice.”
According to evidence presented at trial, LIBOR is an
averaged interest rate, calculated based on submissions from lending banks
around the world, reflecting the honest and unbiased rates those banks believed
they would be charged if borrowing from other banks. LIBOR was published by the British Bankers’
Association, a trade association based in London. The published LIBOR “fix” for USD currency
was the result of a calculation based upon submissions from a panel of 16
banks, including Deutsche Bank.
Connolly was Deutsche Bank’s director of the Pool Trading
Desk in New York, where he supervised traders who traded USD LIBOR-based
derivative products. Black was a
director on Deutsche Bank’s Money Market and Derivatives Desk in London, who
also traded USD LIBOR-based derivative products. In order to increase Deutsche Bank’s profits
on derivatives contracts tied to the USD LIBOR, Connolly directed his
subordinates to reach out to Deutsche Bank’s LIBOR submitters to ask them to
submit false and fraudulent LIBOR contributions consistent with his traders’ or
the banks’ financial interests, rather than the honest and unbiased costs of
borrowing, the evidence showed. The jury
also heard evidence that Black asked Deutsche Bank’s cash traders who were
responsible for submitting the bank’s LIBOR rates to ask that they adjust their
submissions to favor his derivative trading positions. According to evidence at trial, several
Deutsche Bank LIBOR submitters accommodated the defendants’ LIBOR manipulation
requests.
In April 2015, Deutsche Bank entered into a deferred
prosecution agreement to resolve wire fraud and antitrust charges and Deutsche
Bank Group Services (UK) Limited pleaded guilty to one count of wire fraud,
collectively agreeing to pay a $775 million fine, for the bank’s role in the
scheme. Two Deutsche Bank traders
pleaded guilty to fraud charges related to the LIBOR manipulation scheme.
Special agents, forensic accountants and intelligence
analysts of the FBI’s Washington Field Office are conducting the
investigation. Senior Litigation Counsel
Carol L. Sipperly and Trial Attorney Alison L. Anderson of the Criminal
Division’s Fraud Section and Trial Attorneys Michael Koenig and Christina Brown
of the Justice Department’s Antitrust Division are prosecuting the case. The department acknowledges the contributions
of Clair Dobbin, of Three Raymond Buildings Barristers, and Alan Ward, of
Stephenson Harwood LLP, for their advocacy on behalf of the United States in
the British courts.
The investigation leading to this case has required, and has
greatly benefitted from, a diligent and wide-ranging assistance among various
enforcement agencies both in the United States and abroad. In particular, the Department acknowledges
and expresses its appreciation for this assistance from the Commodity Futures
Trading Commission’s Division of Enforcement, the U.K. Financial Conduct
Authority, and the U.K. Serious Fraud Office.
Valuable assistance was provided by the Justice Department’s Office of
International Affairs and the Civil Division’s Office of Foreign Litigation.
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