Should
we be surprised! So much for the “independent judiciary”!
Judge
Dismisses Most Claims In Libor Lawsuits, Ruling In Favor Of Big Banks
A
judge on Friday dismissed a "substantial portion" of claims
facing a number of banks in a barrage of lawsuits accusing them of
interest-rate rigging.
29
March, 2013
U.S.
District Judge Naomi Reice Buchwald in Manhattan ruled for the banks,
which include Bank of America Corp , JPMorgan Chase & Co and
others, of allegedly manipulating the London Interbank Offered Rate,
commonly known as Libor.
The
judge granted the banks' motion to dismiss the plaintiffs' federal
antitrust claims and partially dismissed their claims of commodities
manipulation. She also dismissed racketeering and state-law claims.
The
decision is a significant setback for private plaintiffs, whose
lawsuits had been consolidated before the New York judge as part of a
multidistrict litigation proceeding.
In
a 161-page opinion, Buchwald said she recognized her ruling might be
"unexpected," since several defendants had paid billions of
dollars in penalties to government regulatory agencies.
But
she said unlike government agencies, private plaintiffs needed to
meet many requirements under the statutes to bring a case.
"Therefore,
although we are fully cognizant of the settlements that several of
the defendants here have entered into with government regulators, we
find that only some of the claims that plaintiffs have asserted may
properly proceed," she wrote.
The
lead lawyers for the plaintiffs, Bill Carmody of Susman Godfrey and
Michael Hausfeld of Hausfeld LLP, did not immediately respond to
requests for comment.
More
than a dozen banks and brokerages are under investigation by
regulators worldwide for manipulating benchmark rates such as Libor,
which have been the basis for more than $550 trillion in financial
products.
Three
banks have reached settlements with authorities to date. Most
recently, Royal Bank of Scotland Group PLC agreed to pay $612 million
to U.S. and British authorities. UBS AG agreed in December to pay
$1.5 billion. Barclays agreed to pay $453 million in June.
Other
defendants facing private lawsuits included Citigroup Inc , Credit
Suisse Group AG , Deutsche Bank AG , HSBC Holdings PLC , Royal Bank
of Scotland, WestLB AG, and Royal Bank of Canada , among others.
Representatives
for the various banks either did not immediately respond to requests
for comment or had no immediate comment.
The
cases are In Re: Libor-Based Financial Instruments Antitrust
Litigation, U.S. District Court for the Southern District of New
York, No. 11-md-2262.
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