1 00:00:00,080 --> 00:00:03,040 Speaker 1: And now it's time for our daily Bloomberg Law Brief, 2 00:00:03,080 --> 00:00:06,520 Speaker 1: exploring legal issues in the news. Today, Bloomberg Law host 3 00:00:06,559 --> 00:00:10,760 Speaker 1: tod In Grasso discusses fraud charges against four former Barclay's 4 00:00:10,840 --> 00:00:14,560 Speaker 1: executives over the bank's two thousand eight capital raising from Gutar. 5 00:00:14,960 --> 00:00:18,560 Speaker 1: She speaks to Robert Hockett, a professor at Cornell University 6 00:00:18,640 --> 00:00:22,319 Speaker 1: Law School. Bob the UK's Serious Fraud Office said the 7 00:00:22,440 --> 00:00:26,720 Speaker 1: charges related to the two fundraisings the bank embarked on 8 00:00:26,800 --> 00:00:30,520 Speaker 1: in June and October of two thousand eight. Tell us 9 00:00:30,640 --> 00:00:35,440 Speaker 1: more about this. Essentially, this is a really fascinating case, 10 00:00:35,479 --> 00:00:38,400 Speaker 1: even that kind of morbidly so. So the SFO or 11 00:00:38,400 --> 00:00:41,559 Speaker 1: the Serious Fraud Office, is being fairly quiet about what 12 00:00:41,720 --> 00:00:44,159 Speaker 1: the precise nature of the charges are and what the 13 00:00:44,240 --> 00:00:48,680 Speaker 1: precise predicate offenses are. But it appears that the SFO 14 00:00:48,960 --> 00:00:52,000 Speaker 1: is in effect validating a set of rumors that have 15 00:00:52,040 --> 00:00:54,320 Speaker 1: been going around for quite some time, really ever since 16 00:00:54,320 --> 00:00:56,440 Speaker 1: two thousand and eight, and the rumors are to the 17 00:00:56,480 --> 00:00:59,000 Speaker 1: effect that what Barkley's did was it in order to 18 00:00:59,080 --> 00:01:03,920 Speaker 1: raise up its capital levels, it actually extended loans to 19 00:01:04,160 --> 00:01:08,119 Speaker 1: certain people in Cutter who then used the loan proceeds 20 00:01:08,160 --> 00:01:11,479 Speaker 1: to purchase equity stakes in Berkeley. So it's a kind 21 00:01:11,520 --> 00:01:15,560 Speaker 1: of bootstrapping form of capital raising, might say, and maybe 22 00:01:15,600 --> 00:01:18,320 Speaker 1: needless to say that sort of circumvents the very purpose 23 00:01:18,360 --> 00:01:21,640 Speaker 1: of capital raising in the first place. Uh. And in consequence, 24 00:01:21,640 --> 00:01:24,959 Speaker 1: it's of course illegal amounts to something fraudulent. Now, again 25 00:01:25,000 --> 00:01:28,000 Speaker 1: we don't know for certain that that actually happened, but 26 00:01:28,080 --> 00:01:30,520 Speaker 1: it's been rumored for a long time, and what the 27 00:01:30,640 --> 00:01:34,280 Speaker 1: SFO has told us so far sort of suggests that 28 00:01:34,400 --> 00:01:39,800 Speaker 1: they have found substance in those particular rumors. The SFO 29 00:01:40,040 --> 00:01:44,520 Speaker 1: has an uneven record um securing convictions against bankers. Will 30 00:01:44,560 --> 00:01:47,920 Speaker 1: this be a sort of a test case for it? Uh, 31 00:01:47,960 --> 00:01:50,480 Speaker 1: it might end up being a test case. And it's 32 00:01:50,520 --> 00:01:52,800 Speaker 1: also looking a bit like it might be a kind 33 00:01:52,840 --> 00:01:55,880 Speaker 1: of test case in another way, And that is, as 34 00:01:55,880 --> 00:01:59,040 Speaker 1: you guys might know, Theresa May, the Prime Minister in Britain, 35 00:01:59,280 --> 00:02:02,040 Speaker 1: has been talking for some time of sort of folding 36 00:02:02,120 --> 00:02:05,840 Speaker 1: the SFO into some other agency, essentially eliminating it as 37 00:02:05,840 --> 00:02:09,720 Speaker 1: a distinct entity. Uh. And it's possible that SFOs announcing 38 00:02:09,760 --> 00:02:12,080 Speaker 1: these charges now could be viewed as a way of 39 00:02:12,120 --> 00:02:15,520 Speaker 1: sort of showing the world that they actually aren't quite relevant, 40 00:02:15,560 --> 00:02:17,799 Speaker 1: and that it wouldn't be a great idea for May 41 00:02:17,840 --> 00:02:20,720 Speaker 1: to fold them into some other agency. And that is 42 00:02:21,000 --> 00:02:25,920 Speaker 1: Robert Hockaday, professor at Cornell University Law School, speaking to 43 00:02:26,040 --> 00:02:29,239 Speaker 1: Bloomberg Law host Jun Gresso. You can listen to Bloomberg 44 00:02:29,280 --> 00:02:32,440 Speaker 1: Law weekdays at one pm Wall Street Time here on 45 00:02:32,480 --> 00:02:35,320 Speaker 1: Bloomberg Radio and Now among the top legal stories from 46 00:02:35,320 --> 00:02:38,560 Speaker 1: Bloomberg Law. US Attorney General Jeff Sessions has hired a 47 00:02:38,560 --> 00:02:41,120 Speaker 1: longtime friend to be his personal attorney in the midst 48 00:02:41,120 --> 00:02:44,480 Speaker 1: of expanding investigations into Russian meddling in last year's election. 49 00:02:45,080 --> 00:02:48,520 Speaker 1: Charles Cooper as chairman of the Washington firm Cooper and Kirk. 50 00:02:48,960 --> 00:02:52,839 Speaker 1: He says he began representing Sessions a few days before 51 00:02:52,880 --> 00:02:55,800 Speaker 1: the Attorney General testified last week in front of the 52 00:02:55,919 --> 00:02:59,240 Speaker 1: Senate Intelligence Committee. A federal judges to managed to know 53 00:02:59,360 --> 00:03:02,480 Speaker 1: about the just This Department investigation of an FBI agent 54 00:03:02,520 --> 00:03:06,240 Speaker 1: implicated in an insider trading probe. Special Agent David Choves 55 00:03:06,360 --> 00:03:09,800 Speaker 1: is being investigated for leaks of grand jury information. The 56 00:03:09,840 --> 00:03:13,160 Speaker 1: leaks came in the case of Las Vegas gambler Billy Walters, 57 00:03:13,400 --> 00:03:15,920 Speaker 1: who was convicted of making forty three million dollars from 58 00:03:15,919 --> 00:03:19,680 Speaker 1: an insider scheme, and that's this morning's Bloomberg Law briefew 59 00:03:19,720 --> 00:03:22,320 Speaker 1: can find more legal news at Bloomberg law dot com 60 00:03:22,360 --> 00:03:26,200 Speaker 1: and Bloomberg Bena dot com. Attorneys will find an exceptional 61 00:03:26,320 --> 00:03:29,520 Speaker 1: legal research and business development tools there as well. Visit 62 00:03:29,560 --> 00:03:32,480 Speaker 1: Bloomberg law dot com and Bloomberg BNA dot com for 63 00:03:32,560 --> 00:03:33,480 Speaker 1: more information