Whether or not regulators sanction the major banks in the Libor rate-rigging scandal, plenty of stakeholders plan to sue the banks for restitution. This will be a bit difficult to figure out. Sometimes rates were fixed up, sometimes down. Certain Libor rates, like the 1-month or 3-month rates, were tampered with more than others, like the 6-month rate (it’s unclear whether this one was fixed at all). Certain financial products were tied toward some Libor rates and not others.
But as I’ve mentioned before, local governments seem like a definitive victim here.
As unemployment climbed and tax revenue fell, the city of Baltimore laid off employees and cut services in the midst of the financial crisis. Its leaders now say the city’s troubles were aggravated by bankers’ manipulation of a key interest rate linked to hundreds of millions of dollars the city had borrowed.
Baltimore has been leading a battle in Manhattan federal court against the banks that determine the interest rate, the London interbank offered rate, or Libor, which serves as a benchmark for global borrowing and stands at the center of the latest banking scandal. Now cities, states and municipal agencies nationwide, including Massachusetts, Nassau County on Long Island, and California’s public pension system, are looking at whether they suffered similar losses and are weighing legal action.
Dozens of lawsuits filed by municipalities, pension funds and hedge funds have been consolidated into a few related cases against more than a dozen banks that are involved in setting Libor each day, including Bank of America, JPMorgan Chase, Deutsche Bank and Barclays [...] American municipalities have been among the first to claim losses from the supposed rate-rigging, because many of them borrow money through investment vehicles that directly derive their value from Libor. Peter Shapiro, who advises Baltimore and other cities on their use of these investments, said that “about 75 percent of major cities have contracts linked to this.”
This just looks open and shut. Interest rate-swap deals in particular involved local governments getting fixed rates and hedging against higher ones. If Barclays and other banks artificially set those interest rates lower, municipalities simply paid more under those deals than they should have (or to be technical, they got smaller variable payouts from the banks with whom they entered into the deals). And during the financial crisis, it’s fairly unambiguous that banks pushed the rates down, as opposed to the favors done for derivative traders, which varied depending on the circumstance.
I think we’ll see enough perceived exposure on the part of the banks for them to settle with the munis for a lot of money. And that will be some measure of justice for these local governments who were basically duped into these interest rate-swap deals and ripped off by Wall Street banks. Libor was just a manifestation of this ripoff, which cost cities as much as $3 million for every $1 billion in bonds. And cities will absolutely jump on this, which amounts to hundreds of billions in bond value.
The banks can probably absorb these losses. What they may no longer be able to absorb is the sense they are hopelessly corrupted, reflecting a total loss of trust in this bedrock set of institutions.




13 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
Presumably, DDay, you have read Nouriel Roubini’s comments, as linked to by fatster, in her most recent “Roundup”?
“Trust” as been sacrificed to expediency and greed, to immoral and criminal acts … and the lack of trust extends DIRECTLY to those governments which tolerate, refuse to regulate, and allow themselves to be bought, wholesale, by those destructive and careless entities, the banks … AND the specific INDIVIDUALS who comprise the banks’ upper management …
It is NOT simply about the bad behavior of bankers … it is about the abject failure of governments to govern justly, in accordance with the Rule of Law.
Thank you, David Dayen, you who are most deserving of a Pulitzer Prize for Journalism … for your in-depth and continuing coverage of this assault upon civil human society and the political economies of the entire world.
DW
Is there a record of how much LIBOR was fixed up or down?
If not, how could muni govts show that they were gypped & by how much?
eCahn has a point. I think this is going to be extremely convoluted… which I’m sure was the intention.
If a trade was executed on a particular day, then should only the banks who *obviously* cooked the books on that particular day be held accountable to Muni XYZ? What about all the other banks that participated in the scam?
I’m guessing that Holder will conclude that the only *fair* remedy will be for the USG to admit wrongdoing, then settle with the munis. He’ll announce his thoughts on Nov 7 in the AM. Then by the afternoon, he’ll be announcing that he has taken an offer from Covington to return to his “true love.”
From what I understand the setting of LIBOR occurred on a telephone call at about 11a.
Were these calls recorded? If so, how long were the recordings kept. And how specific was the evidence. One source described it, a participant would say something like: I think your rate is a little high or a little low, i.e. nothing specific. Then the high & low were thrown out & the others averaged. If the recording exist and the conversations were as I heard, how useful would such documentation be in court.
From what I currently know, I don’t understand why there would be any settlement at all.
I’m not up to date on this, but in one of the first stories I heard, relating to Barclay’s pres/ceo (whatever), the guy who resigned, testifying to Parliament, I’m pretty sure the calls were recorded. Seems to me that the MP’s were basing their questions on quotations from the calls, so they must have had recordings.
No time to go look it up, sorry, just based on memory of news report (BBC).
I watched a lot of Diamond’s testimony and recall a lot of talk about there being no records. In that case, I think the records they were talking about was how the information about LIBOR fixing got up the chain of command at Barclays, whereas I’m asking about the interbank calls that actually set LIBOR.
And you just KNOW how this will end – either a “settlement” that lets the banks off the hook (= mortgage settlement) or a law immunizing them from lawsuits (= telcomm). And Obama will be in the thick of it in full whore mode.
One oddity in this is that far more often than not the LIBOR rate was set lower than the actual interbank rate. I don’t know if it is possible but if the results of all the loans tied to LIBOR were netted out then I belive that borrowers saved money from the LIBOR manipulation.
This is why regulators, governments and most everyone was happy to go along since it was hard to find anyone getting hurt. The purpose of setting the rate lower than a real market rate was that it allowed consistent arbitrage opprotunities for the giant players. In addition it gave the appearance of healthy liquidity in the markets and so boosted ‘confidence’. (it should be noted everyone inside the financial world understood LIBOR was manipulated. It’s design from 86 was intended to make its manipulation possible. It is another situation where the liars, in this case Barkelys and the others were lying and everyone knew they were lying and Barkleys knew they knew they were lying, and everyone was happy. This perfectly describes the state of our political economy and explains why the markets no longer work.)
Man has this scandal been muted out in MSM. I have to come here to read about. Scary. (Media reported that Occupy was linked to a murder. They did so on what any rational creature would call ‘no’ evidence. See above on this site.)
Conmmunications media in this country have died and now the corpse is beginning to rot and stink.
I disagree. If it wasn’t another counterparty (one long, one short) losing money while the bank was perfectly hedged and simply taking the basis points, then it was the shareholders of the banks that issued loans below an un-fixed libor.
I don’t think Joe6Pack can sue the banks, but the institutional investors would have the ability. The question is if they’re willing to sue the primary dealers (who I presume were basically the same as the libor-setting group)
“I don’t think Joe6Pack can sue the banks”
The courts would find Joe6pack lacks “standing” to sue. But that’s besides the point. Joe6pack has been gutted and left as are deer carcasses on the side of the road rotting, being picked at by vultures. Yet the concentration of power continues…
It’s corporate fascism.
If that’s how a court would find, then the court system will also need to be redone… after the house of cards falls… :(
I understand that courts have rules, precedents, etc. But IMHO, the courts should keep fairness in mind. And if the banks screwed me or you… or if they gave me or you a benefit, then that settlement should be amended.
Call me crazy, but I’ve had several cashiers in my life give a sincere “thank you” when I counted my change and gave them money back because they had given me too much. If I hadn’t the already-scraping-to-get-by cashier would have been even worse off. And it also wouldn’t be fair.
I say force the banks to resettle ALL settlements. Drown them in administrative tasks!
It’s upsetting to me when things aren’t fair. And this libor scandal is all about fairness… a word that neither the banks — nor the White House — know.