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ABC pans ASIC: Elliott left off ANZ rate rig list

14 December 2018 5:45PM
The ABC has reported that previously unseen Federal Court documents show the bank's current chief executive, Shayne Elliott, at one stage took a far more active role in plans to manipulate the BBSW back in 2010 than has been acknowledged to date.The documents, which the ABC said it had obtained only late last week, relate to ASIC's case against ANZ which alleges the bank's traders attempted to influence the benchmark 90-day bank bill swap rates on ten separate occasions between 2010 and 2012. The ABC asserted that the Federal Court documents filed in May 2017, published for the first time this week, show ASIC belatedly added evidence that former chief executive Mike Smith, former chief financial officer Peter Marriott and current chief executive Shayne Elliott knew about the bank's activities. Not mentioned by ABC was the fact that, at the time of the first of the alleged offences, Elliott had been with ANZ for less than a year, having started as global managing director of the group's institutional bank business in mid-2009. Institutional included ANZ's global markets operations, which then had responsibility for managing market risk (including interest rate risk), credit risk and operational risk in the Australian banking book and trading book.The ABC has questioned why there was a delay by ASIC in providing these three names, when it had provided a list to the court in March 2016, "which was widely reported on, naming members of ANZ senior management which the regulator believed to be involved in, or have knowledge of, ANZ's rate-setting practices". "Mr Elliott, Mr Smith and Mr Marriott were not named [and] ASIC still appears confused about why key evidence implicating ANZ's top executives was omitted for 14 months," the ABC stated.The ABC cited a PowerPoint presentation sent to senior management, including Elliott, in November 2010 which stated a proposed new funding structure that Elliott had been working on would allow ANZ to "catch up to our competitors" and "optimise the bank's position in the market".Other managers expressed their concerns, and according to the ABC report, "ASIC alleged an ANZ internal report sent to risk managers calculated the bank would need to pump an extra A$2 billion into the market on certain days to have a shot at manipulating the BBSW rate".  When asked for a response to this allegation, an ANZ spokesman told Banking Day that the proposal to reorganise the trading desk and treasury department was rejected and never implemented. As events unfolded, the case was finalised after 19 months meandering through the preliminary stages in the Federal Court, ANZ negotiated an agreed statement of facts with ASIC in October 2017 to avoid a four-month court battle.This was accepted by Justice Jayne Jagot in the Federal Court and ANZ was fined $50 million. NAB, which was also involved in a parallel court action over similar rate-manipulation allegations, was also fined.  The ANZ spokesman also pointed out that in framing the agreed statement of facts, ASIC dropped the allegation that ANZ breached the market

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