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Ex-Barclays traders jailed for rigging interest rates have convictions q…

London's Court of Appeal has overturned the fraud convictions of five former Barclays traders, marking a major unraveling for the Serious Fraud Office.

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  • Headline: Ex-Barclays traders jailed for rigging interest rates have convictions q…
  • Dispatch Summary: London's Court of Appeal has overturned the fraud convictions of five former Barclays traders, marking a major unraveling for the Serious Fraud Office.
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Ex-Barclays traders jailed for rigging interest rates have convictions q…

Five former Barclays traders jailed for manipulating global benchmark interest rates had their convictions quashed by London's Court of Appeal on Wednesday. The rulings mark a dramatic unravelling of some of the UK Serious Fraud Office's most high-profile prosecutions.

The court overturned the fraud convictions of Jay Vijay Merchant, Jonathan Mathew, Philippe Moryoussef, Alex Pabon, and Colin Bermingham. All five men had been sentenced to prison terms ranging between 33 months and eight years in landmark trials held between 2016 and 2019.

How Supreme Court Precedent Undermined the Trials

The legal collapse of the prosecutions began when the UK Supreme Court overturned the convictions of former UBS and Citigroup trader Tom Hayes and former Barclays trader Carlo Palombo. The Supreme Court ruled that trial judges had given inaccurate and unfair instructions to juries, which ultimately deprived the defendants of a fair trial.

Video: Traders jailed for interest rate rigging have convictions overturned — Sky News (YouTube)

Following that precedent, lawyers for the remaining five Barclays traders argued that their juries had received almost identical instructions. The Criminal Cases Review Commission referred their cases back to the Court of Appeal in January after the Serious Fraud Office conceded their convictions may be considered unsafe.

The Serious Fraud Office did not contest Wednesday's appeals. Jason Williams, head of division at the agency, stated that it was not deemed in the public interest to seek retrials of Hayes and Palombo, even though the agency maintained that there was ample evidence on which a properly directed jury could have convicted Hayes and Palombo.

Personal Toll and Legal Fallout for the Defendants

The quashed convictions brought immense relief to the defendants, who spent years fighting the charges.

Jonathan Mathew, 45, reflected on the ordeal: For the last 10 years, the stain of a criminal conviction has been a burden I have carried every minute of every day. He added that having this conviction quashed is not simply about correcting the record, it’s about finally having validation that this is an injustice that never should have happened.

Philippe Moryoussef, 58, who had fled to his native France and was tried in London in his absence, said in a statement that he was regaining my soul, and for the first time, I can envision my next chapter in peace. Alex Pabon, 48, thanked Tom Hayes in a statement, noting that Hayes refused to let it go and pushed this through for all of us. Tom Bushnell, a partner at the law firm Hickman & Rose representing Merchant, Mathew, and Moryoussef, criticized the lengthy process, pointing out that it took over a decade to right the wrong in some of the cases.

Global Scope and Upcoming Legal Battles

The rate-rigging scandal exposed systemic manipulation as major financial institutions submitted artificially low figures or fabricated rates to project creditworthiness or secure financial advantages during the credit crisis. Regulators launched investigations in 2012, which resulted in fraud convictions for nine bankers and the acquittal of 11 others.

Former Trader Financial Institution Original Sentence Year Appeal Status
Tom Hayes UBS / Citigroup 2015 Conviction quashed by Supreme Court
Carlo Palombo Barclays 2019 Conviction quashed by Supreme Court
Jay Vijay Merchant Barclays 2016-2019 Conviction quashed by Court of Appeal
Jonathan Mathew Barclays 2016-2019 Conviction quashed by Court of Appeal
Philippe Moryoussef Barclays 2016-2019 Conviction quashed by Court of Appeal
Alex Pabon Barclays 2016-2019 Conviction quashed by Court of Appeal
Colin Bermingham Barclays 2016-2019 Conviction quashed by Court of Appeal
Christian Bittar Deutsche Bank 2018 Appeal expected Friday; contested by SFO

The legal proceedings surrounding the scandal are set to continue. A further attempted appeal by Christian Bittar, a former Deutsche Bank trader who pleaded guilty in 2018, is scheduled to be heard on Friday. Bittar's case stands as the sole remaining rate-rigging appeal actively contested by the Serious Fraud Office, which maintains that his conviction was safe.

Sources

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