UBS Facing $1 Billion Fine Over Libor Rigging Claims: Report

More Bad News For UBS
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Swiss banking giant UBS chief executive Sergio Ermotti gives a press conference on October 30, 2012 in Zurich. UBS announced on October 30 nearly 10,000 job cuts worldwide, saying that the costs of restructuring its hard-hit investment bank had pushed it deep into loss in the third quarter. AFP PHOTO / FABRICE COFFRINI (Photo credit should read FABRICE COFFRINI/AFP/Getty Images)

(Replaces ninth paragraph to give detail on sum set aside for litigation, regulatory and similar matters, replacing detail on a broader measure of reserves.)

* Fine expected to land early next week -source

* Penalty would be more than twice that on Barclays

* More bad news for UBS after rogue trading, job cuts

By Huw Jones

LONDON, Dec 13 (Reuters) - Swiss bank UBS is expected to pay about $1 billion to settle charges of rigging the Libor interest rate benchmark, according to a person familiar with the situation, making it the second major bank to be officially ensnared by the global scandal.

The announcement could come as early as Monday, this person said.

Such a penalty, more than double the $450 million fine levied on British bank Barclays in June for related conduct, indicates the scope of the misconduct by UBS could dwarf that exposed by Barclays' settlement.

Barclays in June admitted it improperly took trading positions into account when reporting interest rates used to calculate the Libor benchmark, touching off a firestorm that forced its chairman and chief executive to quit.

The settlement also prompted a political and public backlash against standards in banking across Europe and the United States.

The Libor benchmarks are used for trillions of dollars worth of loans around the world. Tiny shifts in the rate, compiled from daily polls of bankers, could benefit dealers in complex products.

While details in the Barclays settlement showed traders brazenly gaming the system, the expected size of the UBS settlement indicates that Barclays may prove to be far from the worst offender and that other settlements may also be larger than Barclays'. Overall, more than a dozen banks have been caught in the international inquiry.

UBS declined to comment. The agencies expected to be involved in the settlement, including Britain's Financial Services Authority and the U.S. Department of Justice and the Commodity Futures Trading Commission all declined to comment.

UBS said in its third quarter results that on Sept. 30 it had 897 million Swiss francs ($971 million) set aside for litigation, regulatory and similar matters, up from 454 million in March.

CONDITIONAL LENIENCY

The steep fine that UBS has agreed to pay is a surprise because the bank, since 2011, has cooperated with law-enforcement agencies in their probes, according to regulatory filings and court documents.

The bank disclosed it received conditional immunity from the Justice Department's antitrust division and other international competition authorities, which suggests the bank's $1 billion payout could have been higher without that leniency.

Some clues to UBS's alleged central role in the Libor conspiracy were included in documents filed earlier this year by the Canadian Competition Bureau, which investigates anti-competitive activity.

The documents describe how a "cooperating party" tried to artificially move yen Libor. UBS is the cooperating bank, people familiar with the situation have said.

Those documents allege that a trader at the bank - called "Trader A" - contacted traders at four other banks. On one occasion, "Trader A" instructed a trader at another bank on what Libor submission to make.

It is unclear if UBS will resolve the Canadian probe as part of the imminent settlement.

Authorities are also investigating the actions of individuals. This week British police and anti-fraud officers made the first arrests in connection to the Libor probe, detaining a former trader and two other men, sources said.

One of those arrested was former UBS and Citigroup trader Thomas Hayes, according to a source familiar with the situation. The two others worked at interdealer broker RP Martin, according to a separate source.

TORRID TIME FOR UBS

The fine will mark another blow to UBS, which has had a tough 18 months after suffering a $2.3-billion loss in a rogue trading scandal, management upheaval and thousands of job cuts.

"I'm not sure how much more reputational damage can be done to UBS," said Chris Wheeler, analyst at Mediobanca in London. "They are rebuilding that slowly, but it won't help the wealth management business when you see this as a headline."

Banks are keen to put such fines behind them as they attempt to rebuild credibility among politicians, the general public and investors following the financial crisis which forced taxpayers to bail out the banking system.

But the fresh spate of probes and settlements are putting banks' malpractice back to the forefront.

HSBC on Tuesday reached a $1.92 billion settlement with U.S. authorities over money laundering, the highest ever fine on a bank, a day after another London-based bank, Standard Chartered, agreed to pay $327 million for violating U.S. sanctions against Iran, Sudan and other states, adding to an earlier $340 million it paid in a related case.

Deutsche Bank, Germany's flagship lender, was raided on Wednesday by about 500 German tax inspectors and police, who arrested five staff in a probe linked to a tax scam involving the trading of carbon permits.

Britain's Royal Bank of Scotland is also expected to reach a settlement on Libor manipulation shortly.

Investigators are assessing whether banks used responses to the daily survey of the rates they would offer to other banks to try to nudge Libor, perhaps by only a few hundredths of a percentage point. Such a move could still benefit their own trades in bonds or more complex deals linked to that rate.

Banks found guilty also face civil lawsuits from those they traded with. Some borrowers complain they paid more interest than they should have, although others may have paid less.

Reuters' parent company Thomson Reuters Corp collects information from banks and uses it to calculate Libor rates according to specifications drawn up by the British Bankers Association (BBA). ($1 = 0.9234 Swiss franc) (Additional reporting by Steve Slater in London, Martin de Sa'Pinto in Zurich and Aruna Viswanatha in Washington and Carrick Mollenkamp in New York; Editing by Alexander Smith, Alastair Macdonald and Andrew Hay)

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Before You Go

Libor Scandal Timeline
Barclays Begins Manipulating Libor Rate(01 of14)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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On July 3, Robert Diamond resigned as Barclays CEO, The Washington Post reports. (credit:AP)
Marcus Agius Re-Appointed As Barclays Chairman(09 of14)
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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)
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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)
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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)
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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)
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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)
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