Barclays traders' regret at not helping pardoned colleagues: "These guys were our friends"
Five former Barclays traders, previously jailed between 2016 and 2019 for manipulating interest rate benchmarks, have had their convictions overturned, according to the Financial Times. The exoneration follows the acceptance that juries in their cases, and in Tom Hayes' earlier trial, received inaccurate directions concerning the consideration of commercial interests in benchmark submissions.
The overturned convictions highlight a significant legal re-evaluation of how intent and commercial interest were interpreted in financial benchmark submissions. The core issue was the jury instruction that considering commercial interests automatically rendered a submission dishonest, a premise now deemed inaccurate. This reinterpretation suggests a potential shift in understanding what constitutes criminal conduct versus accepted industry practice.
The personal impact on the exonerated traders, like Philippe Moryoussef, who lost years of their lives, careers, and family moments, underscores the severe consequences of these initial legal interpretations. Tom Hayes, whose conviction was overturned last year, is now suing UBS for $400 million for malicious prosecution, indicating the potential for further legal challenges and financial repercussions for banks involved.
The regret expressed by former colleagues, who were advised by bank lawyers not to communicate with the accused, points to a broader tension between corporate legal advice and personal relationships within the financial sector. This situation raises questions about the support mechanisms available to individuals facing legal challenges within large institutions, and the long-term emotional and professional fallout for all parties involved.
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