
还记得Libor吗?大西洋两岸的检察官们希望你能忘掉它,因为上周大多数仍在审理的源自一场史诗级金融“欺诈”的刑事案件实际上并不存在而宣告崩溃。
Remember Libor? Prosecutors on both sides of the Atlantic would prefer you forget, after the collapse last week of most of the remaining criminal cases arising from an epic financial “fraud” that wasn’t.
英国法院推翻了两起案件中六名男子的定罪,这些定罪与他们在2008年金融恐慌期间据称操纵伦敦银行同业拆借利率(Libor)有关。当时,Libor是通过每天对十几家全球银行进行调查来设定的基准利率。自2012年起的一系列案件中,大西洋两岸的检察官指控多家银行的员工试图操纵这些每日提交数据。[audio] 乌克兰的星链变慢了?
British courts overturned the convictions of six men across two cases for charges related to alleged rigging of the London Interbank Offered Rate, or Libor, during the 2008 financial panic. Libor at the time was a benchmark interest rate set by polling more than a dozen global banks once a day. In a series of cases starting in 2012, prosecutors on both sides of the Atlantic Ocean claimed employees at several banks had tried to juke those daily submissions. [audio] A Starlink Slowdown in Ukraine?
在前巴克莱银行交易员菲利普·莫里尤塞夫、杰伊·默尚特、科林·伯明汉姆、乔纳森·马修和亚历克斯·帕邦的案件中,英国上诉法院裁定,审判时的陪审团指示存在缺陷。英国严重欺诈办公室(SFO)决定不再抗辩其上诉,因为此前该办公室对另外两名银行家的类似指控案件在上诉中因同样的原因被推翻。
In the case of former Barclays traders Philippe Moryoussef, Jay Merchant, Colin Bermingham, Jonathan Mathew and Alex Pabon, the U.K. Court of Appeal ruled the jury instructions at trial were defective. Britain’s Serious Fraud Office declined to contest their appeal, after its earlier case against two other bankers on similar charges was overturned on appeal for the same reason.
另案中,同一法院撤销了克里斯蒂安·比塔尔的定罪。这名前德意志银行交易员被指控操纵欧元银行同业拆借利率(Euribor),即Libor的欧洲版。比塔尔曾认罪,使得他的成功上诉更显罕见。他案件的核心在于,检察官对法律的解释有误,导致他认罪的是一项实际上并不存在的罪行。
Separately, the same court quashed the conviction of Christian Bittar. The former Deutsche Bank trader was accused of manipulating the Euro Interbank Offered Rate, Libor’s continental cousin. Mr. Bittar had pleaded guilty, making his successful appeal all the more remarkable. The crux of his case was that prosecutors misinterpreted the law so he pleaded guilty to a crime that didn’t exist.
对于那些在家里记分的人来说,这意味着在大约19名因Libor相关案件被定罪的交易员中,目前只有一人尚未(暂时)有其定罪被推翻。在美国,一起检控案件因被告第五修正案反对自证其罪权利被侵犯而在上诉中瓦解。另一起案件则因第二巡回上诉法院的法官裁定不存在任何证据表明其Libor提交数据是虚假或欺诈性的而告吹。
For those keeping score at home, this means that of the 19 or so traders convicted in Libor-related cases, only one hasn’t (yet) had his conviction overturned. In America, one prosecution case melted on appeal due to violations of the Fifth Amendment rights of the accused against self-incrimination. Another case fell apart when appellate judges on the Second Circuit Court of Appeals ruled there was no evidence their Libor submissions had been false or fraudulent.
这还剩下一起案件尚未了结。前巴克莱银行员工彼得·约翰逊因担心辩护会让他破产而在英国认罪。他现在也提出了上诉,并且成功的可能性很大。
That leaves one case still outstanding. Peter Johnson, formerly of Barclays, pleaded guilty in Britain for fear that mounting a defense would bankrupt him. He has filed an appeal now, too, and stands an excellent chance of success.
早在2012年利博尔操纵丑闻爆发之初,这些专栏就已经预见到了这一切。当时政客和检察官显然正在寻找替罪羊,以掩盖他们未能阻止2008年金融危机的尴尬,并在随后的救助行动引发的政治反弹中转移注意力。金融媒体很快就相信了关于“贪婪银行家”的简单说法。然而,就在丑闻爆发几个月后,显然至少有一家涉事银行——巴克莱——曾告诉纽约联邦储备银行,其利博尔报价更像是猜测而非事实。
These columns foresaw all of this. As soon as the ruckus over Libor rigging started in 2012, it was obvious politicians and prosecutors were on the prowl for scapegoats to cover their embarrassment at failing to avert the 2008 panic and amid political blowback over the ensuing bailouts. The financial press quickly fell for the pat story about “greedy bankers.”Yet within months of the scandal breaking, it was clear that at least one of the banks involved, Barclays, had told the New York Federal Reserve Bank its Libor quote was more a guess than a reality.
纽约联储对此只是暗示和默许。这几乎不是一个认为自己在犯罪的机构,或一个认为欺诈正在其鼻下发生的监管者所会表现出的行为。
The New York Fed had winked and nodded. This is hardly the behavior of an institution that thinks it’s committing a crime, or a supervisor that thinks fraud is happening under its nose.
与此同时,也浮出水面的是,在危机最深的时候,英格兰银行的一位官员曾暗示巴克莱,调整其利博尔报价可能是明智之举。显然的担忧是,被感知为过高的利博尔读数可能会引发市场对银行稳定性的担忧。
At the same time, it emerged that in the depth of the crisis an official at the Bank of England had hinted to Barclays that it might be prudent to fudge its Libor submissions. The concern apparently was that Libor readings that were perceived to be too high could stoke market worries about the stability of the banks.
利博尔欺诈曾被检察官、政客和大部分媒体称为本世纪的金融罪行。但如今这些案件却成了历久弥新的尴尬。它们是一个案例研究,说明金融欺诈指控如何成为政客和监管者转移注意力、掩盖自身失误的便利工具。在下一次危机到来时,这一点值得铭记。
Libor fraud was billed by prosecutors, politicians and much of the press as the financial crime of the century. Instead these cases have become an embarrassment for the ages. It’s a case study in how financial fraud allegations become a convenient political diversion for politicians and regulators eager to distract from their own blunders. Something to remember after the next crisis.