Libor Rigging Lawsuits Geithner's Fault, Senators Say

Geithner Slammed Over Libor
|
Open Image Modal
Treasury Secretary Timothy Geithner testifies on Capitol Hill in Washington, Wednesday, July 25, 2012, before the House Financial Services Committee to deliver the annual Financial Stability Oversight Council report, Geithner is warning Congress that Europe's debt crisis and a looming budget crisis in Washington could weaken an already-fragile U.S. economy unless regulators pursue stricter oversight of the financial system. (AP Photo/J. Scott Applewhite)

* Geithner knew Libor issues in 2008

* U.S. agencies already investigating banks and Libor

By Sarah N. Lynch and Alexandra Alper

WASHINGTON, Oct 2 (Reuters) - Two Senate Republicans on Tuesday slammed Treasury Secretary Timothy Geithner for failing to wean U.S. firms off a key British benchmark interest rate that he knew was being rigged, resulting, the lawmakers said, in costly litigation that hurts American taxpayers.

In a sharply worded letter to Geithner, Republicans Chuck Grassley and Mark Kirk blamed a "deluge" of lawsuits over the manipulation of the London Interbank Offered Rate (Libor) on Geithner's failure to inform the public, even though he knew of manipulation as president of the New York Federal Reserve in 2008.

Geithner did raise alarms with authorities in Britain, where the rate is set, but did not inform the public when he was leading the New York Fed or as Treasury Secretary.

Grassley said Geithner's decision not to take action to end the dominance of Libor, or at least inform the American public, has contributed to emerging litigation that threatens to clog U.S. courts with multi-billion dollar class action lawsuits and losses on interest rate swaps by local, municipal, and state governments which may also lead to more lawsuits.

This, the senator said, will result in higher taxes or fewer local services for Americans, and put American investors at risk.

A Treasury spokesperson said on Tuesday that officials will "support reforms to strengthen the integrity and governance of LIBOR."

Grassley's letter comes as the Justice Department, Commodity Futures Trading Commission and the United Kingdom's Financial Services Authority continue to probe whether banks colluded to manipulate the London interbank offered rate, which underpins trillion of dollars in contracts and loans -- from U.S. mortgages to Japanese interest-rate swaps.

New York and Connecticut state attorneys general announced in July they were also probing possible manipulation.

Currently, Libor is based on banks' assessments of what they expect to be charged rather than measuring actual lending rates.

Barclays Plc was the first bank to settle charges that it manipulated Libor when it agreed in June to pay a $453 million fine. Other banks, including UK-based Royal Bank of Scotland Group Plc and Switzerland's UBS AG, are also being eyed by regulators as the investigation continues.

Geithner's handling of Libor has come under fire by other Republican lawmakers. Earlier this year, the New York Fed released documents requested by the House Financial Services Committee, which showed that as early as August 2007, Barclays told Fed staffers about possible problems with Libor. Geithner, who said he learned of the rigging in 2008, alerted authorities to potential Libor-setting problems.

That committee is continuing to look into the Fed's response to that information.

The New York Fed declined immediate comment.

AN AMERICAN BENCHMARK

Grassley and Kirk, echoing regulators, called for the creation of an American benchmark to replace Libor.

"If U.S. investors and borrowers have suffered financial harm from our dependence on an index set in London, they have the right to expect the country's leaders to support better alternatives," they wrote.

CFTC Chairman Gary Gensler has been calling for a revised benchmark that would be based on observable transactions, to limit the opportunity for manipulation.

"The critical thing is that it be based on observable transactions, sufficient so that we don't have misconduct in the setting of these rates," he told Reuters in an interview on Tuesday.

This contrasts with the emphasis in a report last week by Martin Wheatley, a top UK regulator, that emphasized how Libor should be repaired rather than replaced, as this could not be done easily in the near term.

Wheatley, managing director of the Financial Services Authority, mapped out in his report how to improve governance of Libor, taking it out of the hands of the British Bankers Association lobbying group, a step Gensler welcomed.

Wheatley and Gensler will now head an International Organization of Securities Commissions' task force to look for alternatives. It is due to report by next March.

Our 2024 Coverage Needs You

As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.

Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.

to keep our news free for all.

Support HuffPost

Before You Go

Libor Scandal Timeline
Barclays Begins Manipulating Libor Rate(01 of14)
Open Image Modal
Barclays allegedly began manipulating the Libor rate in 2005 and allegedly stopped manipulating Libor in 2009, according to Businessweek. But other reports indicate that Libor fixing may have spanned decades. (credit:AP)
Barclays Employee Admits Libor Is Being Rigged(02 of14)
Open Image Modal
A Barclays employee told an analyst from the New York Fed's Markets Group that Barclays was indeed using false information to set the interest rate on April 11, 2008, according to recently released Federal Reserve documents."We know that we're not posting, um, an honest LIBOR," the Barclays employee told the New York Fed's Fabiola Ravazzolo, according to a transcript of the phone conversation. (credit:AP)
Geithner Privately Expresses Concern Over Libor's Integrity(03 of14)
Open Image Modal
In June 2008, then-president of the New York Federal Reserve Timothy Geithner sent a memo to British banking authorities expressing concern over the "integrity and transparency" of the key interest rate. Geithner did not inform British regulators that a Barclays employee admitted that Libor was being rigged, according to Reuters. (credit:AP)
Banks Ripped Off The Government During Bailout(04 of14)
Open Image Modal
During the 2008 Financial Crisis, the U.S. government lent money to cash strapped banks and AIG using Libor to determine interest, Treasury Secretary Tim Geithner told Congress on July 25, 2012. The artificially low rate saved the banks and AIG billions, while costing tax payers the same amount. (credit:AP)
Peter Mandelson: Barclays CEO The "Unacceptable Face Of Banking"(05 of14)
Open Image Modal
In April 2010, then-UK Business Secretary Peter Mandelson told theTimes of London that then-CEO of Barclays, Robert Diamond, was "the unacceptable face of banking" after the bank announced that its CEO would receive a bonus of 63 million pounds, Sky News reports. Mandelson also told the Times that banking bosses were expected to act with "a bit more modesty, a bit more humility" than Diamond's behavior. (credit:Getty)
Barclays Fined $450 Million(06 of14)
Open Image Modal
On June 27, Barclays disclosed to its shareholders that it would be fined $450 million by U.S. and U.K. regulators for conspiring to manipulate the Libor rate between 2005 and 2009, The Telegraph reports. (credit:AP)
Barclays Chairman Resigns(07 of14)
Open Image Modal
On July 2, Barclays announced that it's Chairman, Marcus Agius, would be resigning in the wake of the Libor rigging scandal. In the official resignation letter, Mr. Agius stated that the Libor rigging constituted "unacceptable standards of behaviour within the bank." He went on to say:
As Chairman, I am the ultimate guardian of the bank's reputation. Accordingly, the buck stops with me and I must acknowledge responsibility by standing aside."
(credit:AP)
Robert Diamond Resigns As Barclays CEO(08 of14)
Open Image Modal
On July 3, Robert Diamond resigned as Barclays CEO, The Washington Post reports. (credit:AP)
Marcus Agius Re-Appointed As Barclays Chairman(09 of14)
Open Image Modal
On July 3, Barclays announced that Marcus Agius would be reappointed as the bank's full-time Chairman following the resignation of Robert Diamond. (credit:Getty)
Did The Bank of England Encourage Barclays?(10 of14)
Open Image Modal
On July 3, Barclays released phone records between CEO Robert Diamond and the Deputy Governor of the Bank of England, Paul Tucker, that indicate that the BoE executive encouraged Barclays to manipulate the Libor rate, The Wall Street Journal reported. (credit:AP)
Diamond Goes Before Parliament(11 of14)
Open Image Modal
On July 4, Bob Diamond told a U.K. parliamentary panel that he believes other major banks were involved in Libor rigging, The Wall Street Journal reports. He also stated that fear of being nationalized during the 2008 Financial Crisis contributed to its actions. (credit:AP)
Bob Diamond Loses His $31 Million Bonus(12 of14)
Open Image Modal
Barclays CEO Bob Diamond agreed to forgo an extra $31 million bonus, the bank announced on July 10, according to the reports Wall Street Journal. Diamond will still net his salary and pension for a year, which is worth about 2 million pounds. (credit:AP)
At Least 16 Banks Under Investigation(13 of14)
Open Image Modal
At least 16 banks were reportedly under investigation for Libor rigging as of July 11, according to Reuters. In an internal bank memo circulated on July 13, Barclays executive committee told employees that, "As other banks settle with authorities, and their details become public, and various governments' inquiries shed more light, our situation will eventually be put in perspective," TIME Magazine reports. (credit:Getty)
EU Weighs Criminalizing Rate Rigging(14 of14)
Open Image Modal