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04 July 2012
Issue: 7521 / Categories: Legal News
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Banks in big bother

Banking abuse prompts reform promise from Chancellor

The Banking Reform Bill or Financial Services Bill could be amended to give regulators extra powers to deal with abuse of LIBOR and other price-setting mechanisms, Chancellor George Osborne told MPs this week.

Speaking in the House of Commons, Osborne said: “Fraud is a crime in ordinary business; why shouldn’t it be so in banking?”

Lord Turner, chairman of the Financial Services Authority (FSA), says the FSA does not have powers to pursue criminal sanctions.

Osborne said there were “gaping holes” in the law. Amendments would be brought forward to ensure fines paid by the financial services industry go to the Exchequer not the regulatory body. He has appointed Martin Wheatley, chief executive designate of the Financial Conduct Authority (one of the bodies that will replace the FSA) to review the adequacy of the UK’s civil and criminal sanctioning powers with respect to financial misconduct and market abuse.

The Serious Fraud Office is expected to decide by the end of this month whether it will bring criminal charges.

Barrister PJ Kirby, of Hardwicke, whose practice includes banking and professional negligence, says he is not surprised by the LIBOR manipulation scandal, and “often sees fairly dubious practices”.

“In a sense one wonders whether bankers have learnt anything from history in the last 160 years,” he says.

“Market manipulation has been common throughout the generations. We had the collapse of BCCI more than 20 years ago, the ‘stagging’ or multiple share applications over the sale of state assets in the 1980s, and the ‘Flaming Ferraris’ in the early 1990s, yet they keep coming round in circles.”

Issue: 7521 / Categories: Legal News
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MOVERS & SHAKERS

Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
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