ASIC stumps up evidence in CBA rate rigging case
The Australian Securities and Investments Commission has identified the key players at CBA who allegedly engaged in unconscionable trading practices aimed at rigging rates in the bank bill swap(BBSW) market in 2012.In its full statement of claim lodged in the Federal Court, ASIC alleges that traders in the bank's markets and treasury divisions orchestrated transactions designed to enhance CBA's commercial interests.Most of the evidence contained in the statement of claim hangs on transcripts of phone and email communications between Grant Barnes (the bank's chief dealer in swaps in the markets division in 2012) and dealers in the treasury operation.A transcript of a phone conversation on 7 May 2012 between Barnes and a CBA treasury dealer Roman Groblicki was cited by ASIC as an example of how the two divisions allegedly shared information about trading intentions.Barnes: Hey, are you guys up to much in rate set?Groblicki: …we've got one for a low one tomorrow.Barnes: RightGroblicki: And I don't know whether you, you, you are looking to do something later on, because you've got high ones haven't you?Barnes: Yeah, yeah, we've basically got high ones from here on, well -Groblicki: Is your, is your main high one on the, on Wednesday or?…Barnes: Yeah, when, when is it actually - Thursday we've got the 10th is going to be a bit of a high one, ah, and yeah and, and the 9th. We've sort of got, we've got like two, two and a half yards, 9th, 10th and 11th.Groblicki: it looks like sort of the same way on the 9th.Barnes: Oh okay.Groblicki: So we, we're sort of, I dunno, we like ideally would be you know to, to buy on the 8th and sell on the 9th would be our ideal case.ASIC alleges that the sharing of trading information "at material times" over a ten-month period in 2012 gave traders in CBA markets division an information advantage over counterparties on BBSW referenced products.The regulator alleges that the trading practices of CBA's treasury dealers in 2012 had "the effect of creating an artificial price for trading in Traded BBSW Referenced Products".The alleged victims of such alleged "unconscionable conduct" were listed companies, private companies and individuals who were counterparties to the bank.CBA's trading practices, according to ASIC's statement of claim, also constituted misleading or deceptive conduct under corporations laws, because counterparties expected that the BBSW rate set process was genuinely and independently determined.ASIC alleges that sixteen CBA staff engaged in conduct that contributed to breaches of the Corporations Act and the ASIC Act.Mystery still surrounds the identity of CBA group executives who allegedly knew about inappropriate trading practices in the markets and treasury divisions.However, ASIC reiterated its allegation that the "CBA Rate Set Trading Practice was known to senior management of CBA".The regulator indicated that allegations about the level of knowledge among CBA senior management were contained in another document that is yet to be filed to the court.Notwithstanding, the statement of claim names several well-known current and former staff of the Commonwealth Bank who