November 14, 2024

DealBook: European Regulators Propose Overhaul of Benchmark Interest Rate

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LONDON — European regulators called for a major overhaul of a benchmark interest rate on Friday, but stopped short of demanding direct regulatory oversight after a rate-rigging scandal.

The recommended changes to the euro interbank offered rate, or Euribor, come after a $1.5 billion settlement by the Swiss bank UBS, where some traders were found to have altered that rate as well as the London interbank offered rate, or Libor, for financial gain.

The European Banking Authority and European Securities and Markets Authority are pushing to improve the accuracy of the benchmark rate and increase oversight of how banks submit rates to Euribor, which underpins trillions of dollars of global financial products.

European authorities said the system did not require participating banks to have internal governance structures to manage potential conflicts of interest when submitting rates to Euribor. Also, the rate-setting process is not sufficiently assessed against real banking transactions, according to the report.

The recommendations include cutting in half the number of maturities included in the Euribor process, to seven rates. That would leave the focus only on benchmark rates that are supported by a large number of financial transactions.

The change is in response to a drastic reduction of lending among global financial institutions during the financial crisis that reduced the accuracy of firms’ rate submissions. The fall in actual transactions also led a number of traders and senior managers at global banks to manipulate the rate, according to regulatory filings.

On Friday, European authorities did not demand direct regulatory control over Euribor, which continues to be overseen by the European Banking Federation, a trade body. A recent review of Libor by British authorities recommended regulatory oversight of that rate, as well as criminal charges against individuals trying to alter the rate for financial gain.

Despite widespread calls for authorities to take control over global benchmark rates, the European regulatory bodies do not have the legal responsibility to recommend those changes, according to a European Securities and Markets Authority spokesman.

The European Commission is considering changes to how global benchmark rates are set, and is expected to propose legislation later this year.

Other recommendations outlined by European authorities on Friday included regular audits of the rate-setting process by the European Banking Federation, as well as increasing the independence of the board that oversees Euribor. The trade body said it welcomed many of the changes outlined by the European banking and financial market regulators, adding that it was open to regulators participating in the supervision of Euribor.

Greater scrutiny of the benchmark rate is already having an effect.

As more banks continue to be embroiled in the rate-rigging scandal, a number of financial institutions, including Rabobank Groep of the Netherlands and Raiffeisen Bank International of Austria, have left the panel that sets Euribor. Euribor-EBF, the group that oversees the rate, has said other banks could also pull out of the rate-setting process.

Article source: http://dealbook.nytimes.com/2013/01/11/regulators-propose-overhaul-of-euribor-interest-rate/?partner=rss&emc=rss

DealBook: British Panel Castigates Ex-UBS Officials at Hearing

Marcel Rohner, former chief of UBS, leaving a parliamentary hearing in London on Thursday. I did the best I could, he told lawmakers.Tal Cohen/European Pressphoto AgencyMarcel Rohner, former chief of UBS, leaving a parliamentary hearing in London on Thursday. “I did the best I could,” he told lawmakers.

LONDON — Several former senior executives at UBS were labeled negligent and incompetent on Thursday for failing to detect illegal activity that caused the Swiss bank to pay a $1.5 billion fine to global regulators.

On the second day of hearings at the British Parliament related to the recent rate-rigging scandal, Marcel Rohner, the former chief executive of UBS, and a number of former heads of the firm’s investment bank were questioned about whether they were aware that some 40 people had altered major benchmark interest rates for financial gain.

The executives, who no longer work at the Swiss bank, denied any knowledge of the illegal activity, and said they had found out only when UBS officially confirmed in 2011 that investigations into the firm were being conducted by the Justice Department, Commodity Futures Trading Commission and international authorities.

“What we have heard are appalling mistakes that can only be described as gross negligence and incompetence,” said Andrew Tyrie, a politician who leads the Parliament’s commission on banking standards that is investigating wrongdoing at the firms operating in London. “The level of ignorance seems staggering to the point of incredulity.”

UBS agreed to pay the $1.5 billion fine in late 2012 to settle allegations that some of its traders had altered the London interbank offered rate, or Libor, and the euro interbank offered rate, or Euribor, to increase their own profits. The benchmark rates underpin trillions of dollars of financial products, including mortgages, worldwide.

Some UBS senior managers also tweaked the bank’s submissions to present the Swiss bank in a better financial position than it actually was, according to regulatory filings.

Libor Explained

Mr. Rohner, who led UBS from 2007 to 2009, a period when the bank wrote down around $50 billion of sophisticated credit products, said he was embarrassed and ashamed by the misconduct related to Libor.

“I did the best I could,” said Mr. Rohner, who appeared taken aback by the angry questions from the British politicians, who repeatedly called his actions incompetent and negligent.

Mr. Rohner said the firm’s operations had become too complex before the financial crisis and that had made it difficult to keep track of potential illegal activity by some of its employees.

The parliamentary hearing focused on speculation at the beginning of the financial crisis that highlighted banks’ so-called lowballing of rates. The practice involved submitting lower Libor numbers in an effort to portray the firms as being in strong financial health despite a severe cut in lending.

Mr. Rohner and three former chiefs of UBS’s investment bank — Huw Jenkins, Alex Wilmot-Sitwell and Jerker Johansson — all denied being aware of the rate submissions during 2007 and 2008 when the bank raised billions of dollars of new capital to bolster its own finances.

“I had the responsibility to actively seek out information about things that concerned me,” Mr. Johansson, who ran UBS’s investment bank from 2008 to 2009, told the parliamentary hearing on Thursday. “I failed to recognize this Libor issue as being one of these issues.”

Yet British politicians refused to believe that senior executives at the Swiss bank had not known about the Libor submissions at a time when the financial markets were focused on the problems of the world’s largest banks.

“You are stretching belief to its limit to get us to believe that you were completely unaware,” Andrew Love, a politician on the parliamentary committee, told the former UBS executives.

The hearing also questioned several current and former senior members of the Financial Services Authority, Britain’s financial regulator, about their actions leading to the fine against UBS, the largest financial penalty so far levied against a bank in the continuing Libor investigation.

British regulators said that only nine out of the 40 individuals involved in the UBS rate-rigging scandal had worked in the country’s financial services industry, and that authorities were continuing to investigate a number of firms and individuals.

“This is not the end of the Libor story,” said Tracey McDermott, director of enforcement and financial crime at the Financial Services Authority.

Article source: http://dealbook.nytimes.com/2013/01/10/former-ubs-executives-are-grilled-over-libor/?partner=rss&emc=rss