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UBS Settles With US Authorities Over Forex, LIBOR; To Pay $545 Million

Tom Burroughes

20 May 2015

UBS has entered a resolution agreement with US authorities over their investigation into alleged rigging of the foreign exchange markets, avoiding criminal prosecution and obtaining conditional immunity from prosecution, it said today. It has admitted a charge of wire fraud and is to pay a $203 million fine in connection to LIBOR, the inter-bank interest rate. It has also agreed to pay a $342 million penalty relating to its forex business.

The Swiss firm said it has approved entering into resolutions with the US Department of Justice, the US Federal Reserve System and the Connecticut Department of Banking in their investigations of the global foreign exchange markets.

This move follows UBS’s resolutions last November with the Swiss Financial Market Supervisory Authority, the UK Financial Conduct Authority and the US Commodity Futures Trading Commission.

“As a result of today's resolutions, UBS has not been criminally charged for FX conduct. The DoJ will also not file any charges concerning its investigations into the firm's V10 FX-related structured products and its precious metals business,” it said in a statement.

“In resolving the FX matter with the DoJ, UBS received conditional immunity from prosecution for euro/USD collusion from the Antitrust Division, which will also not prosecute UBS for any other FX conduct. This immunity reflects UBS's role as the firm that first reported potential misconduct to the DoJ, and the full cooperation provided to the DoJ and other authorities throughout the world,” the bank said in a statement today.

“The DoJ used its sole discretion to terminate its 2012 non-prosecution agreement with UBS related to LIBOR,” it said.

"UBS has pleaded guilty to a count of wire fraud for conduct in the LIBOR matter, agreed to pay $203 million and accept a three-year term of probation,” it continued.

This guilty plea for LIBOR by UBS relates to the same conduct that was the basis of the plea by the firm's Japanese subsidiary when the firm resolved its LIBOR issues in 2012.

The Fed and the Connecticut Department of Banking jointly issued a cease and desist order finding that UBS engaged in unsafe and unsound business practices relating to its foreign exchange business. UBS will pay a penalty of $342 million to the Fed and has agreed to undertake a series of remedial measures, the bank said.

The firm is fully provisioned for these resolutions. As a consequence, they will have no financial impact on second quarter 2015 results, it said.

"The conduct of a small number of employees was unacceptable and we have taken appropriate disciplinary actions. We made significant investments to strengthen our control framework and compliance programmes. We self-detected this matter and reported it to the US Department of Justice and other authorities. Our actions demonstrate our determination to pursue a policy of zero tolerance for misconduct and a desire to promote the right culture in our industry,” Axel Weber, chairman, and Sergio Ermotti, chief executive, said in a joint statement.