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Ex-trader to sue Barclays over Libor rigging case

Jay Merchant
Jay Merchant, a former Barclays trader, served more than two years of an initial six-and-a-half-year sentence before his conviction was overturned - JNVisuals/ John Nguyen

A former Barclays trader plans to sue the bank after his conviction for Libor rigging was quashed.

Jay Merchant, 55, was jailed in 2016 for conspiracy to defraud in connection with the alleged manipulation of the now-defunct interest-rate benchmark.

He served more than two years of an initial six-and-a-half-year sentence, but on Wednesday his conviction was overturned by the Court of Appeal along with five other former Barclays employees.

He now intends to bring a civil claim against Barclays, accusing the bank of sacrificing lower-level staff to protect itself.

"Barclays has a responsibility, and I hope to hold them accountable ... we paid the price," he said.

The Libor controversy erupted in 2012, prompting public outrage at a banking sector already under intense scrutiny after the global financial collapse.

Mr Merchant claims that Barclays benefited from lower financial penalties from regulators by casting blame on individual employees.

The decisions followed a ruling by the Supreme Court last year in the cases of Tom Hayes , a former Citigroup and UBS trader, and Carlo Palombo, a former Barclays employee.

The Supreme Court ruled that the judge in Mr Hayes's trial gave directions to the jury that were "legally inaccurate and unfair", and noted that directions in subsequent trials followed similar flawed reasoning.

Having served five and a half years in prison, Mr Hayes is now suing his former employer, UBS, for at least $400m (£300m), alleging malicious prosecution. The Swiss bank is seeking to have the US lawsuit dismissed.

However, Mr Hayes was not completely exonerated by the UK Supreme Court.

In its decision, the court noted that there remained "ample evidence" upon which a properly directed jury could still have found him and Mr Palombo guilty of conspiracy to defraud.

After Wednesday's decision on the Barclays traders, nine convictions previously secured by the Serious Fraud Office in connection with the scandal have now been set aside.

Lenders and brokerage firms were accused of manipulating the London interbank offered rate, known as Libor, and the Euribor benchmark, which served as foundational anchors for the global financial system and resulted in nearly $10bn in total fines from international regulators.

A Barclays spokesman declined to comment.

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