April 27, 2024

DealBook: Kweku Adoboli, Ex-UBS Trader, Is Accused of Brazen Gambling at Fraud Trial

Kweku M. Adoboli, leaving court in London, has pleaded not guilty to false accounting and fraud charges.Neil Hall/ReutersKweku M. Adoboli, leaving court in London, has pleaded not guilty to false accounting and fraud charges.

LONDON — Fictitious trading and brazen gambling by a single individual could have brought down the Swiss financial giant UBS, a British prosecutor said on Friday at the trial of a former bank employee accused of causing a multibillion-dollar trading loss.

That thesis is at the heart of the case against Kweku Adoboli, a former UBS trader in London who faces four counts of fraud and false accounting in connection with a $2.3 billion loss at the Swiss bank. He has pleaded not guilty to the charges.

In their opening statement, prosecutors portrayed Mr. Adoboli as a free-wheeling trader who doctored documents, invented profits and fabricated clients to cover up his rogue activities. Sasha Wass, the lead prosecutor, told a jury that Mr. Adoboli was motivated by greed and ego as he looked to increase his salary and status at the bank.

Related Links

At one point, the former UBS trader had $12 billion on the line, according to prosecutors. Those activities, the jury heard, threatened the bank’s health.

“The scale of Mr. Adoboli’s gambling was so large and unchecked, he could quite easily have approached and even exceeded the limits of the bank’s resources,” Ms. Wass said in the Southwark Crown Court. “He was a gamble or two away from destroying Switzerland’s largest bank for his own benefit.”

Prosecutors previewed their case before a packed courtroom in central London. During the nearly five hours of opening statements, Mr. Adoboli, in a gray suit and purple tie, sat quietly, surrounded by lawyers, while several of his friend listened in the courtroom.

If convicted, Mr. Adoboli could face up to 10 years in prison. The trial is expected to last eight weeks.

The case has been a black eye for UBS. After discovering the trading loss, Oswald J. Grübel, who had been hired to lead a turnaround at the bank, stepped down as chief executive. The co-chiefs of global equities, the division where the loss occurred, also subsequently left UBS.

On Friday, prosecutors said Mr. Adoboli took pains to evade internal controls.

According to prosecutors, the former UBS trader, who focused on a plain-vanilla version of derivatives trading, falsified trades valued from $5 million to $20 million. Mr. Adoboli even created separate accounts, which he called his “umbrella,” to hide the profits and losses of his unauthorized activities. In 2009, the so-called umbrella held $30 million, according to the prosecution.

At first, the tactics paid off.

The former trader had earned a combined $90 million profit for both UBS and its clients by May 2011, prosecutors said. Mr. Adoboli’s salary rose tenfold, to £350,000 ($569,000) between 2006 and 2010, according to the prosecution.

Despite the early gains, Mr. Adoboli’s trades started to go bad last summer as the world’s financial markets grappled with the European debt crisis.

By June, the former trader had exceeded his trading limit by $1 billion after creating a series of fictitious trades, the prosecution said. His investments had risen to $5 billion as of August, and Mr. Adoboli posted a $1.8 billion loss on the activity, which he also hid through false accounting, Ms. Wass told the jury.

The unauthorized trades left the Swiss bank at risk. In an internal investigation, UBS found that the reported risk of Mr. Adoboli’s activity totaled $1.5 million by mid-September 2011, according to prosecutors. In reality, the financial risk stood at $8.1 billion.

“Mr. Adoboli had ceased to act as a professional investment banker and had begun to approach his work as a naked gambler,” Ms. Wass told the jury.

Last August, risk managers at UBS began to ask questions about his positions. William Steward, an accountant at the firm, challenged Mr. Adoboli several times about discrepancies in his trades, Ms. Wass told the jury.

After the bank raised further concerns, Mr. Adoboli walked out of UBS on Sept. 14 and wrote an e-mail to Mr. Steward that the prosecution referred to as a “bombshell e-mail.” In the note, Mr. Adoboli said his recent trades had not been hedged, leaving the bank exposed to potential multibillion-dollar losses. Ms. Wass said that in the e-mail, the former UBS trader initially said he had acted alone, though he later claimed that some of his colleagues were aware of his actions.

“Although I had a couple of opportunities to unwind the long trade for a negligible loss, I did not move quickly enough,” Mr. Adoboli wrote to UBS executives. “I take full responsibility for my actions and the stilt storm that will now ensue.”

After senior managers received the e-mail, they demanded Mr. Adoboli return to the London office to explain his actions.

In a series of meetings that lasted until the early morning on Sept. 15, UBS executives peppered Mr. Adoboli with questions about his trades. During the discussions, the former trader admitted that he had first falsified records in 2008 after making a $400,000 trading loss, according to the prosecution. Mr. Adoboli said that he had concealed the losses in the hopes of recovering the money through future trades.

“The bank cannot be faulted for trusting him,” Ms. Wass told the jury. “They respected him, and he abused their trust to cheat them for his own eventual gain.”

Article source: http://dealbook.nytimes.com/2012/09/14/as-his-fraud-trial-opens-ex-ubs-trader-is-accused-of-brazen-gambling/?partner=rss&emc=rss

Allen Stanford’s Federal Fraud Trial Begins in Houston

“Some people trusted Mr. Stanford with their entire life savings,” Gregg Costa, an assistant United States attorney, told the jurors in his opening statement. “He told them lie after lie after lie. Lying, stealing and bribery: It’s those three things the evidence will show over the next several weeks.”

Mr. Stanford faces 14 charges of defrauding nearly 30,000 investors from 113 countries in a Ponzi scheme involving fraudulent, high-interest certificates of deposit at the Stanford International Bank, which was based on Antigua. At the heart of the prosecution case is the allegation that billions of dollars were missing from the investors’ accounts because Mr. Stanford skimmed the money for himself and his private businesses and to offer bribes to an independent auditor. Meanwhile, the chief Antiguan bank regulator was given not only bribes but thousands of dollars’ worth of Super Bowl tickets and rides on Mr. Stanford’s private jet.

“Basic elementary math is all you need to know,” Mr. Costa told the jurors, saying that they would see documentation that while Mr. Stanford’s bank gave literature promising conservative investments behind the bank’s high-interest certificates of deposit, they were instead placed in risky assets or not invested at all.

He also promised that they would hear “the ultimate inside story” from James Davis, Mr. Stanford’s former chief financial officer, who was a witness to the fraud and a subsequent cover-up aimed at thwarting a Securities and Exchange Commission investigation and keeping investors from withdrawing their money.

Mr. Stanford, dressed in a light gray suit and a white shirt without a tie, listened to the charges and replied with a soft but steady voice: “I plead not guilty to every count.” His lawyer, Robert Scardino, told the jury in his opening that “Mr. Stanford’s financial empire was real. He paid every depositor what they were owed for 22 years.”

Mr. Scardino mocked Mr. Davis, the chief witness for the prosecution, who is accused of doing Mr. Stanford’s fraudulent bidding and has been indicted separately as a co-conspirator in the case. “He is going to testify and admit that he is a liar and a crook and yet these prosecutors are going to ask you to believe him,” Mr. Scardino said. Mr. Davis, Mr. Scardino said, “ran the company. The only company being investigated here was the company that Davis ran.”

Mr. Stanford is now a much diminished figure from the swaggering financier with a muscular physique who only three years ago had a knighthood from Antigua and an estimated fortune of over $2 billion. Now 61, Mr. Stanford is far thinner and has a hesitant, weary presence. He claims that he suffers amnesia from a beating he endured two years ago while in custody near Houston when he got into a fight with a fellow inmate. He is an indigent defendant, whose fortune is lost even if he is eventually acquitted. During the arguments, he sat with his chin resting on his left hand, and occasionally fiddled with his glasses.

Mr. Scardino described Mr. Stanford as a “Texas boy, born in Mexia, Tex.,” who was a generous philanthropist. Of the allegations of a Ponzi scheme, he said there was no such evidence and the government’s case was “sloppy.”

“He paid every penny that was promised,” Mr. Scardino argued. “He didn’t take the money and run.”

The case involves two competing narratives intended to tug at the emotions of the jurors. For the prosecution, the Stanford case is a Ponzi scheme in which he and five co-conspirators gave investors false financial statements indicating that the high-interest C.D.’s he offered were invested in conservative assets when $2 billion was actually lent to Mr. Stanford.

Auditors, along with the head of the Antiguan Regulatory Commission, received bribes to cover up the scheme and misinform the S.E.C. starting in 2005, according to the prosecution. When investors began taking out their assets, Mr. Costa said, Mr. Stanford got desperate and lied to investors that he had put $700 million of his own money in the bank, and then flew to Libya looking for an infusion of money. After that, Mr. Costa said, Mr. Stanford “waved a magic wand” to claim that land he had bought in Antigua for $63 million was suddenly worth $3 billion to fraudulently pad the assets of his bank.

Mr. Stanford’s lawyers portrayed him as a victim of an overly aggressive federal government investigation. “They seized everything, and when I say everything, I mean everything. They even took his underwear,” he said. “From a billionaire to nothing.”

The jury, chosen in a two-day process, listened intently and many took notes. While in custody in a medium-security prison outside Houston, Mr. Stanford was seriously beaten by a fellow inmate in a dispute about a telephone, suffering several broken facial bones and a concussion. A year ago, United States District Judge David Hittner ruled that he was unfit to stand trial after psychiatrists said the beating and subsequent overmedication had warped his memory and left him in no condition to defend himself.

Last month, Mr. Stanford’s lawyers argued that he still could not defend himself. But Judge Hittner ordered the trial to go on, in part because a government psychologist said it was likely that Mr. Stanford had fabricated answers to a battery of memory tests. Defense lawyers have said they intend to put Mr. Stanford on the stand.

Neither the beating nor any memory loss was addressed in Tuesday’s opening arguments. The trial is expected to last at least six weeks.

Article source: http://feeds.nytimes.com/click.phdo?i=1b0d4cd81c6d0c8e1b966164b918622d