Lawsuit Alleges Banks Manipulated Australian Rate
18 Agosto 2016 - 8:10AM
Dow Jones News
MELBOURNE, Australia—A lawsuit filed in the U.S. accuses
Australia's biggest banks and a number of international investment
banks of fixing Australia's primary interest-rate benchmark.
The class-action lawsuit echoes allegations against three of the
Australian lenders by the country's securities regulator, which
accuses them of manipulating the bank-bill swap rate from
2010-2012. All three have denied wrongdoing.
A lawsuit, filed by two U.S. investment funds and a trader,
casts a wider net, claiming that more than a dozen banks and two
brokerages intentionally and systematically manipulated the
benchmark rate and rate-based derivatives prices to gain hundreds
of millions of dollars or more in illegitimate profits.
The suit—filed on behalf of anyone who engaged in U.S.-based
transactions priced, benchmarked or settled based on the bank-bill
swap rate from at least January 2003—demands a jury trial and is
seeking injunctions against the defendants and damages for the
alleged violations.
The filing names, among others, Australia & New Zealand
Banking Group Ltd., Commonwealth Bank of Australia Ltd., National
Australia Bank Ltd., Macquarie Group Ltd. and Westpac Banking
Corp.
The Australian Securities and Investments Commission had
previously filed lawsuits against National Australia Bank, Westpac
and ANZ.
The U.S. lawsuit claims that the bank communications the
commission filed in Australia as part of its cases show that the
defendants manipulated the benchmark rate and the prices of
derivatives based on the rate.
The suit is led by Sonterra Capital Master Fund, FrontPoint
Financial Services Fund LP and trader Richard Dennis, and alleges
that the plaintiffs manipulated money-market transactions during
the fixing window for the bank-bill swap rate, made false rate
submissions, bought or sold money-market instruments at a loss to
create artificial derivatives prices, and shared proprietary
information on derivatives based on the bank-bill swap rate.
The result, the suit alleges, was that members of the class
action were overcharged and underpaid in their own transactions and
were unable to accurately price derivatives based on the benchmark
rate or determine their settlement value.
Westpac denied the allegations in the claim and said that if
served, it would defend the allegations vigorously. ANZ and
Commonwealth Bank also said they planned to defend against any
action, while National Australia Bank reiterated that it didn't
agree with the claims previously made by Australia's securities
regulator. Macquarie declined to comment.
A spokesman at HSBC Holdings PLC, which was among the
international banks named in the class-action suit, said the
company wasn't able to comment on continuing legal action. Other
plaintiffs weren't immediately reachable for comment.
The lawsuit was filed in the U.S. District Court for the
Southern District of New York on Tuesday, according to a copy
viewed by The Wall Street Journal.
In June, the Australian Securities and Investments Commission
launched legal action against National Australia Bank in the
federal court in Melbourne, alleging "unconscionable conduct" and
market manipulation with regard to rate setting between June 2010
and December 2012. The commission began similar proceedings against
Westpac in early April and against ANZ a month earlier.
Since 2012, the regulator has been investigating banks' trading
dating back to 2007 in Australia's bank-bill swap-rate market, the
benchmark used in the country's markets. The probe came after
rate-fixing scandals elsewhere, including one over manipulation of
the London interbank offered rate, or Libor.
Before late September 2013, the Australian benchmark was based
on submissions from up to 14 local and overseas banks. After
eliminating the highest and lowest, the Australian Financial
Markets Association would calculate the mean of the rest. Since
September 2013, the benchmark has used an electronic compilation of
the midpoint in the locally traded market for reference bank bills,
eliminating the need for submissions from the banks.
On Thursday, ANZ said that there had been no allegations by the
Australian regulator of collusion among the banks it has taken
action against.
Write to Robb M. Stewart at robb.stewart@wsj.com
(END) Dow Jones Newswires
August 18, 2016 06:55 ET (10:55 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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