1 00:00:00,040 --> 00:00:02,800 Speaker 1: Well, now it's time for our daily Bloomberg labbrrief exploring 2 00:00:02,880 --> 00:00:05,560 Speaker 1: legal issues in the news, and today Bloomberg LAJO student 3 00:00:05,600 --> 00:00:09,880 Speaker 1: Grosso and Michael Best discuss charges against currency traders at 4 00:00:09,880 --> 00:00:13,640 Speaker 1: several major international banks who are accused of market rigging. 5 00:00:13,840 --> 00:00:16,760 Speaker 1: To speak with John Coffee, a professor at Columbia University 6 00:00:16,840 --> 00:00:21,040 Speaker 1: Law School, and Peter Henning, a professor ed Wayne State University. 7 00:00:21,280 --> 00:00:26,120 Speaker 1: Peter start us off by explaining what these traders allegedly 8 00:00:26,200 --> 00:00:31,360 Speaker 1: did in the chat rooms. Well, it's fairly simple in 9 00:00:31,440 --> 00:00:36,960 Speaker 1: that they have this spot where each could tell the others, uh, 10 00:00:37,280 --> 00:00:39,919 Speaker 1: at least according to the government, where they wanted the 11 00:00:40,000 --> 00:00:46,720 Speaker 1: price of the dollar in the euro set. So how 12 00:00:46,840 --> 00:00:50,360 Speaker 1: that number is figured out each day and then used 13 00:00:50,360 --> 00:00:54,120 Speaker 1: for various transaction is there is a fix. There is 14 00:00:54,160 --> 00:00:57,560 Speaker 1: a particular point in time when you get a quick 15 00:00:57,560 --> 00:01:00,440 Speaker 1: snapshot of the market and that says this is the 16 00:01:00,520 --> 00:01:03,800 Speaker 1: value of the euro versus the dollar and with other currencies. 17 00:01:04,160 --> 00:01:07,040 Speaker 1: And so they were trading messages back and forth to 18 00:01:07,840 --> 00:01:10,959 Speaker 1: if you will fix the fix and try to have 19 00:01:11,080 --> 00:01:14,840 Speaker 1: it help out their positions because they're at competing banks. 20 00:01:14,959 --> 00:01:18,320 Speaker 1: So theoretically the price really should be set by the 21 00:01:18,360 --> 00:01:23,440 Speaker 1: market this is conspiracy to violate the antitrust laws because 22 00:01:23,480 --> 00:01:27,240 Speaker 1: they're trying to fix the price. Well, John, one of 23 00:01:27,280 --> 00:01:30,120 Speaker 1: the things that's interesting about this case is that while 24 00:01:30,120 --> 00:01:33,360 Speaker 1: they're being charged under US law, British authorities had cleared 25 00:01:33,400 --> 00:01:38,160 Speaker 1: them for this. So how is that possible? Well, of 26 00:01:38,160 --> 00:01:41,120 Speaker 1: course you can offend the laws of two different countries. 27 00:01:41,440 --> 00:01:44,720 Speaker 1: If you shoot a bullet across the state line from 28 00:01:44,720 --> 00:01:48,080 Speaker 1: one state into the next day, those states have jurisdiction 29 00:01:48,160 --> 00:01:51,720 Speaker 1: for what happens because you did something, either the intent 30 00:01:51,880 --> 00:01:54,800 Speaker 1: or the effect was in each jurisdiction. Uh. Now, it 31 00:01:54,920 --> 00:01:58,880 Speaker 1: is true that the US historically has enforced its law 32 00:01:59,000 --> 00:02:02,200 Speaker 1: more aggressively then has Great Britain, and it may be 33 00:02:02,360 --> 00:02:05,000 Speaker 1: that the US has were able to accumulate better evidence. 34 00:02:05,560 --> 00:02:07,640 Speaker 1: I also would point out that this is the last 35 00:02:07,760 --> 00:02:11,200 Speaker 1: days of the Obama administration, and I think they're trying 36 00:02:11,280 --> 00:02:14,440 Speaker 1: to get all the cases though in their pipeline into 37 00:02:14,520 --> 00:02:18,440 Speaker 1: formal arged proceedings, both partly to get credit and partly 38 00:02:18,520 --> 00:02:22,880 Speaker 1: to uh embarrass the future administration if it dropped these cases. 39 00:02:23,160 --> 00:02:25,560 Speaker 1: But I think this was the last chance they had, 40 00:02:26,000 --> 00:02:29,200 Speaker 1: and they took that chance. Because you noticed they haven't 41 00:02:29,480 --> 00:02:33,600 Speaker 1: indicated that any of these people are in custody. More normally, 42 00:02:33,800 --> 00:02:36,760 Speaker 1: you would not indict people until you had arrested them, 43 00:02:36,800 --> 00:02:39,400 Speaker 1: so there was no chance that they would go into hiding. 44 00:02:40,320 --> 00:02:43,520 Speaker 1: That's John Coffee, a professor at Columbia University Law School, 45 00:02:43,560 --> 00:02:46,799 Speaker 1: and Peter Henning, a professor at Wayne State University, speaking 46 00:02:46,800 --> 00:02:49,640 Speaker 1: with Bloomberg Law host Doing Grosso and Michael Best. You 47 00:02:49,680 --> 00:02:51,920 Speaker 1: can listen to Bloomberg Law week days at one pm 48 00:02:51,919 --> 00:02:55,360 Speaker 1: Wall Street Time here on Bloomberg Radio Now. Among the 49 00:02:55,400 --> 00:02:58,960 Speaker 1: top legal stories from Bloomberg Law, US prosecutors have now 50 00:02:59,040 --> 00:03:02,920 Speaker 1: charged a total of six Volkswagen executives in connection with 51 00:03:02,960 --> 00:03:06,480 Speaker 1: a diesel emissions cheating scandal. Their indictments were part of 52 00:03:06,480 --> 00:03:09,560 Speaker 1: a settlement of civil and criminal investigations into the case. 53 00:03:09,880 --> 00:03:13,120 Speaker 1: V W agree to plead guilty to conspiracy and to 54 00:03:13,200 --> 00:03:17,400 Speaker 1: pay four point three billion dollars in penalties. The US 55 00:03:17,520 --> 00:03:20,720 Speaker 1: is preparing to file a complain against China over subsidies 56 00:03:20,720 --> 00:03:23,760 Speaker 1: to aluminum producers. That's according to people briefed on the matter, 57 00:03:23,800 --> 00:03:26,160 Speaker 1: who say the US will complain to the World Trade 58 00:03:26,240 --> 00:03:30,920 Speaker 1: Organization that Chinese subsidies to domestic aluminum makers are suppressing 59 00:03:30,960 --> 00:03:34,840 Speaker 1: global prices of the middle Yeah that's this morning's Bloomberg 60 00:03:34,960 --> 00:03:37,440 Speaker 1: Law Brief. You can find more legal news at Bloomberg 61 00:03:37,480 --> 00:03:41,280 Speaker 1: law dot com and Bloomberg Benna dot com. Attorneys will 62 00:03:41,280 --> 00:03:45,560 Speaker 1: find exceptional legal research and business development tools there as well. 63 00:03:46,040 --> 00:03:49,760 Speaker 1: Visit Bloomberg law dot com and Bloomberg Enna dot com 64 00:03:49,800 --> 00:03:50,800 Speaker 1: for more information