Tag Archives: Commercial Banking

Prosecutors Say JPMorgan Traders Scammed Metals Markets by Spoofing

CHICAGO—

JPMorgan Chase

& Co.’s precious-metals traders consistently manipulated the gold and silver market over a period of seven years and lied about their conduct to regulators who investigated them, federal prosecutors said Friday.

The bank built a formidable franchise trading precious metals, but some of it was based on deception, prosecutors said at the start of a trial of two former traders and a co-worker who dealt with important hedge-fund clients. They said the traders engaged in a price-rigging strategy known as spoofing, which involved sending large, deceptive orders that fooled other traders about the state of supply and demand. The orders were often canceled before others could trade with them.

The criminal trial in Chicago is the climax of a seven-year Justice Department campaign to punish alleged spoofing in the futures markets. Prosecutors have alleged the former members of

JPMorgan’s

JPM -0.31%

precious-metals desk constituted a sort of criminal gang that carried out a yearslong conspiracy that racked up big profits for the bank.

“Day in, day out for seven years, the defendants manipulated the market so that they could make more money,” U.S. Justice Department prosecutor Lucy Jennings said. “And then they lied to cover it up.”

JPMorgan paid $920 million in 2020 to resolve regulatory and criminal charges over the conduct, which involved nine futures traders and at least two salespeople who dealt with clients such as hedge funds, according to court records. Three former traders cooperated with the Justice Department’s investigation and will testify against the three defendants: Gregg Smith and Michael Nowak, who traded precious metals; and Jeffrey Ruffo, who was their liaison to big hedge funds whose trades earned money for the bank.

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Attorneys for Messrs. Smith, Nowak and Ruffo told jurors Friday that prosecutors cherry-picked a handful of trades to concoct a misleading theory of how the men traded.

Mr. Smith canceled many orders but never used them as a ruse, defense attorney Jonathan Cogan said. He often canceled orders after he realized that high-speed trading firms, which made decisions faster than he could, jumped ahead of his orders and moved the price up or down, Mr. Cogan said.

“He did not place orders with the intent to manipulate the market, not during the snippets of time the prosecutors will focus on in this case—not ever,” Mr. Cogan said.

An attorney for Mr. Nowak, who led the precious-metals desk, said his client was a gold-options trader during the years under scrutiny. Mr. Nowak used futures mostly to limit the risk of his large options positions, attorney David Meister said, so his pay wasn’t linked to making more or less money on a futures trade.

“The stuff he’s charged with here couldn’t move the needle for Mike’s pay,” Mr. Meister said.

Mr. Smith had worked at Bear Stearns before joining JPMorgan in 2008 when the bank acquired Bear in a fire sale precipitated by the financial crisis. Mr. Nowak traded for JPMorgan in both London and New York. Mr. Ruffo worked at the bank for a decade, communicating with hedge funds that were brokerage clients and providing the desk with important market intelligence, according to prosecutors. All three have pleaded not guilty.

Prosecutors have alleged the pattern of spoofing was continuous, a claim that allowed them to charge the three men with racketeering in addition to conspiracy, attempted price manipulation, fraud, and spoofing. The conduct allegedly spanned from 2008 to 2016.

Racketeering is a charge typically reserved for criminal enterprises such as the mafia and violent gangs, although eight soybean-futures traders in Chicago were convicted of racketeering in a crackdown on cheating in the early 1990s.

U.S. District Judge Edmond E. Chang has reserved up to six weeks for the trial, although prosecutors said Friday that they could be finished presenting their case within two weeks. Judge Chang last year dismissed part of the case—several counts of bank fraud—against the defendants. Prosecutors also recently moved to drop allegations related to options trading that authorities claimed had been manipulative.

Prosecutors have alleged that JPMorgan employees already were spoofing when Mr. Smith got to the bank. They say Mr. Smith and another trader from Bear brought a new style of spoofing that was more aggressive than the simpler approach people at JPMorgan had been using, according to court records.

Spoofing became an important way to successfully execute trades for hedge-fund clients whose fees were critical to the trading desk, prosecutors said. “It was key to get the best prices for those clients, so that they keep coming back to the precious-metals desk at JPMorgan, and not another bank,” Ms. Jennings said.

Guy Petrillo, an attorney for Mr. Ruffo, said Friday his client was a reliable and honest salesman whose only role was to communicate with clients and pass their orders to traders such as Messrs. Smith and Nowak.

“There will be no reliable evidence that Jeff knew that traders were using trading tactics that he understood at the time were unlawful,” Mr. Petrillo said.

Federal prosecutors have honed a formula for going after spoofing defendants during their multiyear strike on the practice. In addition to using cooperating witnesses who said they knew the conduct was wrong, prosecutors have deployed trading charts and electronic chats to depict a sequence of trades intended to deceive others in the market. While the charts show a pattern of allegedly deceptive trading, prosecutors said the incriminating chats reveal the intent of the traders placing the orders.

Former traders at

Deutsche Bank AG

and

Bank of America Corp.

were convicted of spoofing-related crimes in 2020 and 2021, respectively.

Those trials featured chats in which some defendants boasted about spoofing.

Lawyers for Messrs. Smith, Nowak and Ruffo said there are no chats in which their clients talked about spoofing because the men didn’t engage in it.

Spoofing is a form of market manipulation outlawed by Congress in 2010. Spoofers send orders priced above or below the best prices, so they don’t immediately execute. Those orders create a false appearance of supply and demand, prosecutors say. The tactic is designed to move prices toward a level where the spoofer has placed another order he wants to trade. Once the bona fide order is filled, the spoofer cancels the deceptive orders, often causing prices to move back to where they were before the maneuver started.

Mr. Smith’s style of spoofing involved layering multiple deceptive orders at different prices and in rapid succession, according to the settlement agreement that JPMorgan struck with prosecutors two years ago. It was harder to pull off but also harder to detect, and other JPMorgan traders adopted his mode of trading, court records say.

In the earlier trials, prosecutors successfully defended their theory that spoofing constitutes a type of fraud. Some traders have argued spoofing doesn’t involve making false statements—usually a precondition for fraud—because electronic orders don’t convey any intent or promises.

The tactic can impose losses on those tricked by spoofing patterns. The government has portrayed some of Wall Street’s most sophisticated trading firms, such as Citadel Securities and Quantlab Financial, as the past victims of spoofers. In the latest trial, prosecutors also plan to call individual traders who traded for their own accounts and were harmed by spoofing.

Write to Dave Michaels at dave.michaels@wsj.com

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

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Fed, Biden Administration Float New Lending Rules for Lower-Income Areas

WASHINGTON—Top U.S. regulators proposed overhauling how banks lend hundreds of billions of dollars annually in lower-income communities, after scrapping a Trump-era revamp that had divided regulators and industry officials.

The latest proposal to modernize rules for the 1977 Community Reinvestment Act, announced Thursday, aims to ensure lending to lower-income individuals and small businesses is distributed more evenly where banks do business. Existing rules focus on bank activities around their physical branches. Those rules are outdated in a world in which much financial activity happens online, both bankers and community advocates say.

“Today’s proposal seeks to expand access to credit, investment, and banking services in [low- and middle-income] communities,” said incoming Federal Reserve Vice Chairwoman

Lael Brainard,

in a written statement. The Fed is one of three regulators rewriting the lending rules.

Federal Reserve Chairman Jerome Powell said Wednesday the central bank approved a half-percentage-point interest-rate increase in an effort to reduce inflation that is running at a four-decade high. Photo: Win McNamee/Getty Images

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The proposed revamp comes at a time when the Democratic Biden administration has pledged to do more to address disparities in wealth, incomes and access to financial services among Black Americans and other racial minority groups.

The Community Reinvestment Act is designed to end “redlining”—banks’ historical practice of avoiding lending in certain areas, often lower-income communities, frequently leading to stark economic disparities along racial lines. The law is one of the major tools the government uses to encourage banks to lend more to low- and moderate-income communities.

In recent years, the law has become a source of conflict between community groups that want the rules to be enforced more strongly and bankers who argue the regulations are too bureaucratic and haven’t kept up with technological changes, among other criticisms. Banks are typically examined every three years on their

CRA

efforts. A bad grade effectively prohibits mergers.

Thursday’s proposal, released Thursday by the Federal Reserve and two other banking regulators, aims to make rules more transparent and objective, potentially making it easier for banks to understand their regulatory requirements, though the firms could face heightened reporting mandates.

Under existing rules, banks must lend to lower-income communities in the area around their offices, even though they now accept deposits and make loans around the country via online accounts. This has led to a glut of reinvestment act spending in places such as Salt Lake City, where dozens of banks are headquartered but have no branches elsewhere.

If Thursday’s plan is finalized in the coming months, it would aim to spread online banks’ related activities nationally. Banks would be assessed for the CRA obligations even in areas where they don’t have physical offices, if they make a certain number of loans in a particular area.

In addition to the Fed, two other top bank regulators, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. signed on to the proposal Thursday. All three bank regulators are charged with overseeing the 1977 law and pledged last year to move jointly to modernize their rules. Regulators will collect public comment on the proposal through Aug. 5 before it can be finalized.

Thursday’s proposal comes after the OCC, which oversees national banks and the bulk of the activity under the low-income lending rules, in December rescinded Trump administration rule changes before banks were required to comply. That plan came from former Comptroller

Joseph Otting,

an appointee of former Republican President

Donald Trump,

and wasn’t supported by the Fed and the FDIC.

Incoming Fed Vice Chairwoman Lael Brainard is critical of a plan by the Trump administration that was later rescinded by President Biden.



Photo:

Al Drago/Bloomberg News

Fed officials, led by Ms. Brainard, said the 2020 OCC plan was rushed and could inadvertently decrease lending to lower-income areas. Ms. Brainard, a Fed governor since 2014, led a competing Fed effort to rewrite its CRA rules while central bank officials pledged to work with the other banking agencies on a unified set of new standards.

Though the Fed approved Thursday’s proposal unanimously, Fed governor

Michelle Bowman,

appointed by Mr. Trump, said in a statement that it remained unclear if overhaul’s costs will be greater than its benefits. She asked community banks to comment on whether the proposal would result in more or better investments.

“While I support issuing the proposed rule for public comment, there are significant unanswered issues posed by the proposal,” she said.

At present, banks are evaluated on compliance with the act based on a complex formula that includes loans to home buyers and small businesses, as well as the number of branches in lower-income areas. Most banks get passing grades on their CRA examinations.

The Consumer Bankers Association said ahead of the proposal that it welcomed regulators modernizing rules that haven’t been updated in over two decades, since before the widespread adoption of smartphones and mobile banking. “For decades, banks have invested trillions of dollars into underserved communities,” said

Richard Hunt,

the industry group’s president and chief executive, in a written statement. The association hopes the plan “provides the clarity, certainty, and flexibility banks need.”

Consumer advocates said they hoped the proposal would boost banks’ obligations under the law. “The impact will be pretty clearly to raise the bar in terms of what’s expected from banks,” said Jesse Van Tol, president and chief executive of the National Community Reinvestment Coalition, a fair-lending advocacy group.

Mr. Van Tol said there is a major gap in one aspect of the proposal: It wouldn’t apply to the nonbank financial firms that now provide the bulk of the consumer loans in the U.S., such as in the mortgage market. Nonbanks originated about 75.5% of government-backed home loans as of March 2022, according to the Urban Institute.

Although some states like Illinois and New York have implemented their own reinvestment requirements that apply to nonbanks, Congress would need to act to expand federal requirements. Last year, Fed Chairman

Jerome Powell

suggested Congress should extend the rules to cover all firms providing consumer credit, not just banks.

“Like activities should have like regulation,” Mr. Powell said last May.

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Nonbank mortgage lenders say expanding CRA to cover their firms would be a mistake, arguing they have different business models that don’t involve taking deposits that are then reinvested into their communities.

“The Community Reinvestment Act for independent mortgage bankers is nonsensical and a solution in search of a problem,” said Robert Broeksmit, president and chief executive of the Mortgage Bankers Association.

Write to Andrew Ackerman at andrew.ackerman@wsj.com

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Citigroup Sales Hit European Stock Markets With ‘Flash Crash’

Several European stock markets suffered a “flash crash” on Monday morning following sell orders by

Citigroup Inc.,

C 1.04%

according to people familiar with the matter.

Trading was halted momentarily in several markets after major stock indexes plunged for a few minutes just before 10 a.m. Central European time. Stocks in the Nordic region were hit the hardest, though other European stocks also tumbled briefly on a day when share prices around the globe declined.

Nasdaq and

Euronext

NV, which operate stock exchanges across the region, said they are investigating the cause. Nasdaq said it hasn’t seen any reason to cancel trades.

The nature and extent of the sales by

Citi

group weren’t immediately clear. Citi declined to comment.

Investors thought the incident may have been caused by human error, known in industry parlance as a “fat finger.” 

The trading floor of the Amsterdam Stock Exchange, which is operated by Euronext.



Photo:

Yuriko Nakao/Bloomberg News

Sweden’s benchmark index, the OMX Stockholm All-Share, fell nearly 8% before largely rebounding. Denmark’s equivalent index fell over 6% around the same time and also mostly recovered. Both closed down around 2%.

Markets run by Amsterdam-based Euronext also tumbled before largely recovering. The Dutch AEX index fell 3% and Belgium’s BEL20 declined over 5%. France’s CAC40 fell 3%. These indexes ended the day down more than 1%. 

Euronext temporarily halted trading to try to lower the impact on markets, according to a spokesman. Nasdaq said it used circuit breakers in the immediate aftermath of the crash on major stocks on Nordic exchanges, including

Kone

Oyj and

Stora Enso

Oyj.  

Fat finger trades can be costly. In 2009, an oil trader on a bender placed around $520 million of trades for crude oil, saddling his company with $10 million in losses. In 2012, financial services firm Knight Capital lost $440 million from a computer-trading glitch that entered millions of trades in less than an hour.

Citigroup

C 1.04%

has a history of untimely errors. In 2020, it was ordered by regulators to clean up systems meant to safeguard the bank and its clients and fined $400 million. It is spending billions of dollars to transform its technology and inner workings, a cost that has investors anxious. Chief Executive

Jane Fraser

has said it is the bank’s top priority to get it right.

The most recent pratfall came in August 2020, when Citigroup bankers accidentally paid the bondholders of client

Revlon Inc.

nearly $900 million.

On Monday, Citigroup shares were up fractionally in New York at $48.48.

Write to Anna Hirtenstein at anna.hirtenstein@wsj.com and David Benoit at David.Benoit@wsj.com

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Russia’s attack on Ukraine: ‘Now is not a time to be buying the dip’ in stocks, cautions Wells Fargo strategist

Investors should probably hold back from putting cash to work in the sinking stock market as geopolitical fears swirl around Russia’s full-scale invasion of Ukraine, according to Paul Christopher, head of global market strategy at Wells Fargo Investment Institute.

“Now is not a time to be buying the dip if you have cash,” said Christopher, in a phone interview Thursday.  “And don’t sell.” he said. “It’s just a time to be patient” as there’s “too much uncertainty.”

U.S. stocks were falling Thursday afternoon, with the Dow Jones Industrial Average
DJIA,
-0.48%
showing a sharp decline of 1.5%, according to FactSet data, at last check. The S&P 500 index
SPX,
+0.70%
was down 0.5%, deepening its fall into correction territory.

While investors have been anxious about geopolitical tensions surrounding Ukraine, a full-scale invasion of the country by Russia was not priced into markets, according to Christopher. The stock market is on its “heels” ahead of anticipated rate hikes by the Federal Reserve, possibly as soon as next month, to tame high inflation that risks running hotter because of the invasion, he said. 

While some investors may also be worrying about the potential for another “Cold War,” he said it’s not clear Russia would have the economic resources to expand its “imperial reach” and subjugate countries in a buffer zone around its borders like in the days of the former Soviet Union.

President Joe Biden on Thursday, while announcing new international sanctions against Russia, said it was still too early to tell if the conflict in Ukraine could be contained or if it would spill over into another Cold War.

“The more immediate worry for investors is what happens with inflation,” said Christopher, pointing to potential disruptions to the balance of supply and demand in energy, aluminum, nickel and fertilizer. That could push up prices. “With inflation running at 7.5% year-over-year, that spillover is the main concern for investors.”

Read: Ukraine invasion stokes stagflation worries because Russia is a ‘commodity superstore’

In Christopher’s view, rate hikes by the Fed aren’t “off the table” despite the turmoil created by Russian President Vladimir Putin’s decision to attack Ukraine on Thursday. While “a more moderate Fed going forward seems likely,” Christopher said that with the economy still growing “they could easily still do a quarter point in March and then just say ‘we’ll be data dependent’.” 

Read: Fed’s Barkin: Will have to wait and see if Russia invasion of Ukraine changes logic for planned rate hikes

In the meantime, Christopher said he continues to favor U.S. stocks over international equities, saying Russian-related tensions likely will weigh more heavily on European markets.

The STOXX Europe 600
SXXP,
-3.28%
index closed 3.3% lower Thursday, while London’s FTSE 100 index
UKX,
-3.88%
dropped 3.9%, according to FactSet data.

“Despite its physical size, Russia has a relatively small economy and its largest trading partners are China and Europe,” according to a Wells Fargo Investment Research note Wednesday that was authored by Christopher. “There is little direct trade between Russia and the world outside of Europe and China, so both the sanctions on Russia and damage to sentiment likely will fall squarely on the European economies.”

See: EU plans ‘harshest’ sanctions package ever against Russia

Within equities, Christopher told MarketWatch he continues to like “quality” bets in areas including information technology and communication services, as well as “cyclicals” such as financials and industrials. He said he recommends underweighting defensive sectors including utilities and consumer staples.

“We’re not looking for a recession” in 2022, Christopher said. “We think you’ll have a chance to buy equities later this year.”

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Biden’s Sanctions Plan Targets Russian Banks, Companies and Imports if Ukraine Is Attacked

WASHINGTON—The Biden administration is finalizing its targets for a barrage of economic sanctions against Russia if it attacks Ukraine—hitting major Russian banks, state companies and key imports, though the strategy faces obstacles that have hindered previous pressure campaigns.

Administration officials said the planned actions are unparalleled in recent decades against Russia, putting teeth into President Biden’s threat to apply punishing financial and other sanctions in the event of a Russian assault.

President Biden said on Wednesday that the U.S. is ready to unleash sanctions against Russia if President Vladimir Putin makes a move against Ukraine. Biden also laid out a possible diplomatic resolution. Photo: Susan Walsh/Associated Press

While final decisions haven’t been made, the officials said, the potential targets include several of Russia’s largest government-owned banks, such as

VTB Bank,

the banning of all trade in new issues of Russian sovereign debt and the application of export controls across key sectors such as advanced microelectronics.

Russian President Vladimir Putin, left, meets with Andrey Kostin, president and chairman of the management board at VTB Bank, at the Kremlin in Moscow last November.



Photo:

Mikhail Metzel/Zuma Press

Past U.S. efforts to wage economic warcraft have produced mixed results. Iran and North Korea, for example, have adjusted over time to broad economic embargoes over their nuclear-weapons programs, though not without ongoing pain for their economies and people. After Russia invaded Ukraine in 2014, the Obama administration went after some energy-technology exports, sovereign debt and some government-owned banks and firms, though the narrow scope of those sanctions didn’t exact deep damage.

Russia is better prepared now, with deeper foreign-currency reserves, less reliance on foreign debt, faster economic growth and rising prices for oil—the country’s primary revenue source. Russia’s role as a top exporter of oil and gas and its economic integration with Europe have previously deterred the U.S. from applying broad sanctions out of concern that they would upset global markets and European allies.

Off the table, for now, are sanctions on oil and natural-gas exports or disconnecting Russia from SWIFT, the basic infrastructure that facilitates financial transactions between banks across the world, the U.S. officials said, but that could change depending on Russian actions.

Still, this time around, the officials said, the U.S. is doing away with the incremental approach that blunted the impact of the 2014 and other efforts—and instead is moving to prohibit a broader range of activities from the start.

“We and our allies have a full range of high-impact sanctions ready to go, both immediately after a Russian invasion and in waves to follow. Nothing is off the table,” said National Security Council spokeswoman

Emily Horne.

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Can U.S. sanctions deter Russia from staging an attack on Ukraine? Join the conversation below.

“We would start high and stay high, and maximize the pain to the Kremlin,” one of the officials said.

European allies are also more in sync with the U.S. than in 2014, the officials said, given that Russian President

Vladimir Putin’s

demands go beyond Ukraine this time to include a reworking of post-Cold War security arrangements in Europe.

Europe understands “that if we’re going to change Putin’s calculus, we have to be ready together to impose massive consequences,” the official said. The U.S. and European Union actions won’t be identical, but will “deliver a severe and immediate blow to Russia and over time make its economy even more brittle,” the official said.

Russian Foreign Minister

Sergei Lavrov

said this week that the sanctions threats are part of the West’s “militaristic frenzy.” Russia, he said, is “ready for any developments.”

Other than VTB Bank, other large government-owned or controlled banks under consideration for blacklisting are Gazprombank and

Sberbank,

said one of the officials. Sberbank, which accounts for 30% of net assets in Russia’s financial system, may not get hit in the first round of sanctions to hold a potent option in reserve, according to former officials.

VTB, Gazprombank and Sberbank didn’t respond to requests for comment.

The possible blacklisting technically prohibits U.S. banks and other American entities from doing business with the targeted banks, and the administration may grant exceptions. But the risk of violators being punished by the U.S. usually encourages foreign banks to comply.

“Banks in Paris and London aren’t going to be doing what U.S. banks aren’t doing,” said Brian O’Toole, a former top Treasury sanctions official in the Obama administration and now a senior fellow at the Atlantic Council, a nonpartisan Washington think tank.

Government-owned companies are also targets of similar sanctions, the U.S. officials said. Though the officials didn’t specify which companies, some financial analysts said blacklisting firms like Russian insurance giant Sogaz, which insures companies tied to the Kremlin, and

Sovcomflot,

a large energy-shipping company, would hurt the Kremlin and, longer term, the economy.

An oil tanker operated by Sovcomflot is moored at the Primorsk Commercial Seaport, the end point of the Baltic Pipeline System, three years ago.



Photo:

Alexander Ryumin/Zuma Press

Sovcomflot’s chief financial officer,

Nikolay Kolesnikov,

said his company has no indication it would be targeted. Given that half his firm’s business is outside the country, a blacklisting would likely disrupt petroleum exports and hit global tanker rates, he said.

Sogaz didn’t respond to a request for comment.

Some former officials and critics of the Biden administration are skeptical that its approach will work or prove different from past efforts. Aside from a more robust Russian economy, they said, Mr. Putin is counting on Germany and other EU leaders to block measures that would have financial repercussions for Europe.

“Putin has concluded that the Biden administration, which is full of the same people who mounted a feeble response to his first invasion of Ukraine back in 2014, would impose pinprick financial costs at best, certainly measures that he thinks Russia can weather,” said Marshall Billingslea, the Treasury Department’s sanctions deputy in the Trump administration and now at the Hudson Institute, a right-leaning think tank.

Previous sanctions haven’t undermined Mr. Putin’s domestic popularity enough to loosen his grip on power or fundamentally alter his foreign policies, said some analysts. New sanctions, they said, may bolster Mr. Putin’s position, affect Western-facing companies and drive Russia further toward China.

New sanctions will “hit the most pro-Western part of the business elite and the economically Western-oriented population the most,” said Mikhail Barabanov, a fellow at the Center for Analysis of Strategies and Technologies, a private Moscow think tank.

“Politically, it’s not painful. It’s destructive,” Kremlin spokesman Dmitry Peskov said this week.

Mr. Barabanov predicted that sanctions would inspire a restructuring of the Russian banking market, which, after an initial shock, would tap Chinese intermediary banks for financing.

Sanctions “are not a magic bullet,” said Daniel Fried, a senior State Department official in the Obama administration involved in sanctions policy who is also currently at the Atlantic Council

“Even the stronger recommended sanctions won’t cause Putin to reverse course overnight,” he said. On the other hand, governments and analysts “often underestimate what can be achieved in the long run,” he said.

Write to Ian Talley at ian.talley@wsj.com and Brett Forrest at brett.forrest@wsj.com

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All U.S. Trial Convictions in Crisis-Era Libor Rigging Have Now Been Overturned

WASHINGTON—A federal appeals court reversed the convictions of two former

Deutsche Bank AG

traders found guilty of rigging a global lending benchmark, overturning one of the U.S. government’s highest-profile court victories linked to the 2008 financial crisis. 

The decision Thursday dealt a blow to the legacy of an investigation that Washington poured resources into after the financial crisis, when prosecutors were criticized for not pursuing enough cases against individual traders and executives. The cases focused on how traders and brokers world-wide influenced the daily London interbank offered rate, known as Libor, which helped set the value of lucrative derivatives they traded and made banks appear healthier.

Thursday’s reversal shows how difficult it has been for prosecutors to use broadly written antifraud laws to punish traders operating in sophisticated markets where standards of conduct weren’t always clear. A panel of the U.S. Court of Appeals for the Second Circuit found evidence used to convict Matthew Connolly and Gavin Black wasn’t enough to stand up fraud and conspiracy charges. A jury in New York had convicted the two men in 2018.

The Manhattan-based appeals court in 2017 also tossed Libor-related verdicts against two traders who had worked at Rabobank Group.

The court action Thursday means every Libor trial conviction in the U.S. has now been overturned. Six other traders from Rabobank and Deutsche Bank pleaded guilty in the U.S. to Libor-related misconduct from 2014 to 2016. Many convictions in the U.K. stand, including that of Tom Hayes, a former star trader at

UBS Group AG

, who was found guilty of rigging Libor and served more than five years in prison before being released last year.

Libor, a gauge of the rates at which banks could borrow from other banks, was published for many years by the British Bankers’ Association. The BBA’s version of Libor was vulnerable to manipulation because traders could influence the rates submitted by their banks.

Financial markets have since started a shift away from Libor in favor of a new reference rate that is calculated based on actual trades. U.S. banks weren’t allowed to issue new debt tied to Libor beginning in January.

A series of Wall Street Journal articles in 2008 raised questions about whether global banks were manipulating the interest-rate-setting process by lowballing Libor to avoid looking desperate for cash during the financial crisis.

The three judges wrote that prosecutors hadn’t proved that Messrs. Connolly and Black made false statements—a requirement for proving fraud—when they gave input related to what Deutsche Bank should submit to the BBA.

The government’s case, according to the judges, depended on the flawed idea that there was one true Libor rate that Deutsche Bank should have offered, when in fact the number was a hypothetical measure influenced by many factors.

Prosecutors didn’t present evidence suggesting that Deutsche Bank couldn’t actually have borrowed at the rates it submitted, the judges wrote. While nudging Libor one way or another to make money might be wrong, the submissions weren’t false if the bank could have gotten cash at those rates, according to the panel.

The BBA’s own instructions for submitting Libor around the time of the financial crisis didn’t prohibit taking a bank’s derivatives bets into consideration. In effect, the judges wrote, prosecutors tried to criminalize conduct that was just unseemly.

“In some ways, these reversals underscore what a screwed-up benchmark Libor was to begin with, when you are not being asked to submit actual offers or bids, but just hypotheticals,” said Aitan Goelman, a former director of enforcement for the Commodity Futures Trading Commission, a civil regulator that fined many banks for Libor violations. “It almost begged to be manipulated.”

Mr. Black, a U.K. citizen who had worked for the bank in London, was sentenced in November 2019 to three years of probation including nine months of home confinement, which he was allowed to serve in his home country. Mr. Connolly, who worked for Deutsche Bank in New York, was sentenced to two years of probation including six months of home confinement.

“We have long maintained that Gavin Black committed no crime, and we are deeply appreciative that the Court of Appeals carefully reviewed the record and reached the same conclusion,” said Seth Levine, a lawyer for Mr. Black at Levine Lee LLP. “This is a case that never should have been brought, and the court has now vindicated Mr. Black’s position.”

“We are elated that Matt Connolly has been fully exonerated in this contrived case that never should have been brought,” said Kenneth Breen, a lawyer at Paul Hastings LLP for Mr. Connolly.

Deutsche Bank in 2015 agreed to pay $2.5 billion in fines to resolve Libor charges in the U.S. and the U.K., and a London unit of the bank pleaded guilty in the U.S. to one count of wire fraud.

Spokesmen for Deutsche Bank and the Justice Department declined to comment.

Write to Dave Michaels at dave.michaels@wsj.com

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Facebook’s Cryptocurrency Venture to Wind Down, Sell Assets

Facebook’s ambitious effort to bring cryptocurrency to the masses has failed.

The Diem Association, the consortium Facebook founded in 2019 to build a futuristic payments network, is winding down and selling its technology to a small California bank that serves bitcoin and blockchain companies for about $200 million, a person familiar with the matter said.

The bank,

Silvergate Capital Corp.

SI -2.52%

, had earlier reached a deal with Diem to issue some of the stablecoins—which are backed by hard dollars and designed to be less volatile than bitcoin and other digital currencies—that were at the heart of the effort.

The sale represents an effort to squeeze some remaining value from a venture that was challenged almost from the start. Facebook, now

Meta Platforms Inc.,

FB -1.84%

launched the project in 2019 as Libra, pitching it as a way for the social network’s billions of users to spend money as easily as sending a text message.

Bloomberg earlier reported that Diem was considering selling its assets.

Libra brought on well-known partners in e-commerce and payments including

PayPal Holdings Inc.,

Visa Inc.

and Stripe Inc.—in part to signal buy-in from the finance industry and in part to distance the project from Facebook itself, which was under pressure about policing its platform. Partners agreed to join the Libra Association, a Switzerland-based group that would govern the stablecoin, and pony up millions of dollars each to develop the project.

But it almost immediately ran into resistance in Washington. Officials voiced concerns about its effect on financial stability and data privacy and worried Libra could be misused by money launderers and terrorist financiers. Federal Reserve Chairman

Jerome Powell

said the central bank had serious concerns. Early backers dropped out, and

Mark Zuckerberg

was called before Congress, where he defended Facebook’s plan to bring financial services to the world’s underbanked.

In 2020, the group recruited

Stuart Levey,

a former U.S. Treasury official and top lawyer at HSBC Holdings PLC, as chief executive and ditched the Libra name in favor of Diem.

The stablecoin deal with Silvergate was part of a revamp last year meant to appease regulators.

David Marcus,

the Meta executive who oversaw the launch of what would become Diem, left the company last year.

Write to Peter Rudegeair at Peter.Rudegeair@wsj.com and Liz Hoffman at liz.hoffman@wsj.com

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Appeared in the January 27, 2022, print edition as ‘Facebook Gives Up Crypto Effort.’

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Morgan Stanley Posts Higher Profit, Capping Mixed Quarter for Big Banks

A booming market for deals and brisk demand for financial advice lifted

Morgan Stanley’s

MS 1.83%

fourth-quarter earnings and helped the Wall Street firm set a full-year profit record.

The bank posted a profit of $3.7 billion, up 9%, or $2.01 a share. Analysts expected $1.94 a share, according to FactSet. Revenue rose 7% to $14.5 billion in the quarter, which fell just short of expectations.

Morgan Stanley capped off a mixed quarter for the nation’s biggest banks. Windfall trading revenues across Wall Street are slowing down as market volatility subsides. Banks are offering bigger paydays to attract and keep employees in a tight labor market.

Goldman Sachs Group Inc.,

JPMorgan Chase

& Co. and

Citigroup Inc.

all reported lower fourth-quarter profits, ending a streak of big gains. Morgan Stanley,

Bank of America Corp.

and

Wells Fargo

& Co. saw profits rise.

Morgan Stanley shares closed up 1.8% on Wednesday.

Deal making remains a bright spot. Morgan Stanley’s investment banking revenue rose 6% in the fourth quarter. Goldman, JPMorgan and Citigroup also reported gains in investment banking.

The year is off to a good start, with a healthy pipeline for new deals, Morgan Stanley Chief Financial Officer

Sharon Yeshaya

said on a conference call with analysts. “That said, a lot will depend on monetary and fiscal policy and its impact on sentiment,” she added.

Stock and bond trading revenue fell 6% in the fourth quarter. Trading revenue also fell at Goldman, JPMorgan and Citigroup.

Full-year compensation expenses at Morgan Stanley rose 18% to $24.6 billion. Banks increased salaries for junior bankers across Wall Street in 2021, and firms are also paying up to keep senior executives.

“We feel good that we’ve paid for performance,” Ms. Yeshaya said in an interview.

JPMorgan Chief Executive

Jamie Dimon

said last week that his bank would remain competitive in compensating its traders and bankers, even if it pressured profit margins.

Morgan Stanley’s wealth-management division grew fourth-quarter revenue 10% from a year earlier. The unit’s net interest income, a measure of its lending profitability, grew 16%. That growth could continue in the year ahead, as the Federal Reserve has signaled that several interest-rate increases are likely in 2022.

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The number of retail-trading clients at Morgan Stanley was 7.4 million, in line with the third quarter total. The average daily number of retail trades the company handled for the quarter topped one million but was down 6% from a year ago.

Investment management revenue rose 59% from a year earlier. That rate was boosted by Morgan Stanley’s acquisition of Eaton Vance, which closed last March.

Write to Charley Grant at charles.grant@wsj.com

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

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Stocks Open Higher, While Bond Yields Edge Down

U.S. stocks and government-bond prices rose on Wednesday, clawing back some of their losses after a stretch of declines.

The S&P 500 rose 0.5% in early trading Wednesday. The benchmark gauge lost 1.8% Tuesday, its second decline in three trading days. The technology-heavy Nasdaq Composite Index added around 1% and the Dow Jones Industrial Average rose 0.2%.

Some of the U.S.’s biggest lenders reported rising earnings before the market opened. Bank of America shares rose 2.9% after the lender reported a jump in fourth-quarter profits, while Morgan Stanley’s shares gained 1.7% on profits that topped forecasts. U.S. Bancorp fell almost 6% after the bank holding company posted a rise in compensation costs. This earnings season, Goldman Sachs,

JPMorgan Chase

and

Citigroup

have also reported shelling out more in compensation. 

Procter & Gamble

said consumers were undeterred by higher prices, leading to higher revenue and lifting shares of the consumer-goods company 4.2%.

Investors have stepped up bets that major central banks will tighten monetary policy.



Photo:

Wang Ying/Zuma Press

Government-bond prices edged up, pushing down yields. Yields on benchmark 10-year Treasury notes slipped to 1.852% from 1.866% Tuesday, which was their highest level since January 2020. Yields on interest rate-sensitive two-year notes were down to 1.010% from 1.038% Tuesday.

The first few weeks of the year have been tumultuous. In January, many investors started positioning for a world that looks very different from last year. Interest rates are supposed to start rising and some investors are positioning for the Covid-19 pandemic to turn into an endemic.

Investors have stepped up bets that the Federal Reserve and other major central banks will tighten monetary policy in the coming months, withdrawing a pillar of support for markets. Mounting expectations of interest-rate rises follow evidence that the drivers of inflation have broadened beyond the supply-chain shock that fueled price gains for much of 2021.

As a result, many investors have backed away from one of the hottest areas of the market: tech. The Nasdaq Composite was down almost 10% from its high as of Tuesday.

And there are signs that individual investors—a key force behind 2021’s stock-market rally—are cooling on tech, according to analysts at Vanda Research. Retail investors have been buying shares of financials and energy companies while their purchases of highflying stocks like

Advanced Micro Devices

and

Nvidia

have been dwindling, according to Vanda.

The S&P 500’s value index is outperforming its growth index by around 6.8 percentage points this month, on pace for the biggest monthly outperformance since December 2000, according to Dow Jones Market Data.

Recent volatility is “really all about inflation and how aggressive central banks are going to be to counteract it,” said

Brian O’Reilly,

head of market strategy at Mediolanum Asset Management, adding that inflation could also curtail economic growth by knocking consumption. ”Certainly, the market is nervous at the moment.”

Europe’s most closely watched government bond yield turned positive for the first time since 2019. The yield on 10-year German bund rose as high as 0.021% Wednesday after trading in negative territory for over 30 months. It then eased to 0.010%. Ten-year U.K. yields, meanwhile, reached their highest level since March 2019 after data showed inflation hitting a 30-year high.

To keep out Covid-19, China closed some border gates late last year, leaving produce to rot in trucks. Restrictions like these and rules at some Chinese ports, the gateways for goods headed to the world, could cascade into delays in the global supply chain. Photo composite: Emily Siu

Oil prices rose again after touching seven-year highs Tuesday. Most-active U.S. crude futures rose around 1% to $85.55 a barrel, extending a rally driven in part by the potential for supply disruptions in Russia and the Middle East.

Overseas stock markets were mixed following Tuesday’s selloff on Wall Street. The Stoxx Europe 600 rose 0.7%, as gains for retail and resource stocks offset losses for food, drink and insurance companies. Asian stocks came under pressure, with Japan’s Nikkei 225 skidding 2.8%. China’s Shanghai Composite Index slipped 0.3%.

Write to Joe Wallace at joe.wallace@wsj.com and Gunjan Banerji at gunjan.banerji@wsj.com

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Credit Suisse’s António Horta-Osório Lost Board Support Over Covid-19 Rules Breach

He came to fix

Credit Suisse Group AG’s

broken culture. Then he became part of the problem. 

António Horta-Osório

was hoping for a slap on the wrist Sunday from the

Credit Suisse

CS 0.38%

board for breaking coronavirus quarantine rules on trips to events, according to people familiar with his departure. Instead, he had to leave his job as the bank’s chairman for not upholding the high standards he set when joining Credit Suisse eight months ago.

Mr. Horta-Osório had to leave after most members of the board refused to back him at a meeting that ran late into the Zurich evening, ending weeks of attempts by the bank to contain its latest crisis. A bank probe into Mr. Horta-Osório’s travel found he had breached quarantine rules in England and Switzerland since starting at Credit Suisse, including to attend the Wimbledon tennis final in July. 

The Portugal-born banker also used private aircraft hired by Credit Suisse to combine personal travel and work trips that made some on the board uncomfortable, according to people familiar with the matter.

Credit Suisse found Chairman António Horta-Osório had breached quarantine rules in England and Switzerland.



Photo:

Chris J. Ratcliffe/Bloomberg News

A spokesman for Mr. Horta-Osório said the jet use was “in line with that of his predecessor in the role and actually similar to other senior colleagues in the bank. It was also never used without a business-related reason and this has been confirmed by an internal audit.”

Some members of the board were concerned Mr. Horta-Osório was no longer credible with employees or customers to fix what had come to be seen as a broken culture at the bank around risk taking, the people familiar with the matter said.

The sudden departure adds to a nightmarish stretch for the bank. In February 2020, Chief Executive

Tidjane Thiam

was ousted by the bank’s board for failing to contain the reputational fallout from a scandal that involved some staff being followed by private investigators. Then last year it was hit by twin crises, with the collapse of clients Greensill Capital and Archegos Capital Management. 

Axel Lehmann,

Mr. Horta-Osório’s successor as chairman, who was appointed on Sunday, has been vetted by Switzerland’s financial regulator, having joined Credit Suisse’s board in October after working at rival

UBS Group AG

for more than a decade.

Mr. Lehmann is described by people who have worked with him as an archetypal Swiss professional, with a pleasant demeanor and tough interior. An attribute he brings to the role is a high-functioning relationship with Swiss regulators and other power brokers in the country, some of the people said.

Mr. Horta-Osório’s departure makes him one of the biggest casualties of coronavirus rule breaches. Two Canadian executives resigned from their posts last year after traveling to get vaccinated. Separately, the head of a Canadian pension fund resigned after The Wall Street Journal reported he traveled to the Middle East to get an early vaccine dose. 

In December, Mr. Horta-Osório apologized to board members—and publicly—for leaving Switzerland when he was supposed to be in quarantine after a trip to London. He said it was inadvertent. He also apologized to board members for using private aircraft hired by Credit Suisse to stop off for a vacation in the Maldives on the way back from a work trip, people familiar with the trip said. His stance was that the travel complied with company rules, according to some of the people.

The deterioration in some on the board’s trust escalated after Reuters reported in late December on Mr. Horta-Osório’s Wimbledon trip and quarantine breach, according to some of the people. In the new year, the board’s audit committee reviewed a report into his travel and the quarantine breaches, and Credit Suisse started preparing for Mr. Horta-Osório’s possible departure, according to some of the people familiar with the matter. 

Mr. Horta-Osório attended Wimbledon’s tennis finals believing a waiver from England’s quarantine rules had been arranged for him by Credit Suisse, his spokesman said. Mr. Horta-Osorio attended the tournament with members of his family and a bank adviser after Credit Suisse clients canceled, he said.

The timing of the missteps struck a nerve with many Credit Suisse employees, and the order-minded Swiss public. Swiss media compared Mr. Horta-Osório’s conduct to that of British Prime Minister

Boris Johnson

and tennis star Novak Djokovic, who fanned anger this year for appearing to be unfettered from national coronavirus restrictions. 

Credit Suisse is an elite banking brand abroad, but at home in Switzerland has household and business customers of all sizes as the country’s No. 2 bank by assets. Having the top person failing to comply with Swiss rules was seen as an unacceptable situation, according to some of the people familiar with the matter. 

One of the people familiar with the matter said Mr. Horta-Osório attended Sunday’s meeting hoping to be fully supported by the board, which includes recent appointments he made. The chairman resigned when it became apparent he didn’t have enough support. 

Mr. Horta-Osório was supposed to save Credit Suisse from being scandal-prone. He received a British knighthood for his last job turning around the U.K.’s

Lloyds Banking Group PLC,

adding to civil awards in Spain, Brazil and Portugal. People who have worked with him said he is demanding, exacting and takes his reputation seriously. 

He agreed in late 2020 to join Credit Suisse as its chairman, a prestigious role in Switzerland for an institution that dates to 1856. The idea was it would be his main job alongside several other board mandates, to ease into a less-stressful existence than running Lloyds, according to people familiar with his planning. 

Mr. Horta-Osório’s tenure at Lloyds wasn’t without drama. Eight months into that job, in 2011, he took a two-month hiatus to check into a rehabilitation clinic suffering from exhaustion. Then, in 2016, he apologized to Lloyds staff after the Sun newspaper published photographs of Mr. Horta-Osório, who is married with three children, with another woman during a work trip to Singapore. He said he regretted the adverse publicity and damage to Lloyds’s reputation. He said he paid for any personal expenses on the trip. 

A few weeks before his April 30 start date, Credit Suisse incurred a loss of more than $5 billion when Archegos, a family investment firm led by

Bill Hwang,

defaulted on large stock positions.

Mr. Horta-Osório sought to reset the risk button, shedding the bulk of Credit Suisse’s unit servicing hedge funds and centralizing oversight at its main units. He exhorted employees to be more personally responsible and accountable for their actions, and, according to people familiar with the matter, put Chief Executive

Thomas Gottstein

and other top executives on notice to hit the top of their game or leave.

Write to Margot Patrick at margot.patrick@wsj.com and Emily Glazer at Emily.Glazer@wsj.com

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