August 30, 2011
Dear Bank of England,
Pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), and on behalf of Kirby McInerney LLP, Motley Rice LLC and our clients, who transacted contracts on the Chicago Mercantile Exchange and the over-the-counter market based off the London Interbank Offered Rate (“Libor”) between 2006 and 2010, we hereby request that a copy of the following document(s) be provided to me as expeditiously as possible:
• Any and all available files, reports, memorandum, examinations, and evaluations of Credit Suisse Group AG, Bank of America Corporation, J.P. Morgan Chase & Co., HSBC Holdings PLC, Barclays Bank PLC, Lloyds Banking Group PLC, Westlb AG, UBS AG, Royal Bank of Scotland Group PLC, Deutsche Bank AG, The Norinchukin Bank, and/or Citibank NA, and their officers, directors, attorneys, agents, and/or other associates and employees, (hereinafter, collectively “the Banks”), regarding and/or including information about whether those entities: (1) understood their own borrowing costs, which are used to calculate the London interbank offered rate (hereinafter “Libor”), (2) had motive to misrepresent rates to the British Banking Association and the public, and/or (3) effectively formed a global cartel to coordinate how to report borrowing costs between 2006 and 2010;
• All documents uncovered, created, transmitted, or submitted to the Bank of England, its antitrust and antifraud prosecutors, and/or its criminal antitrust investigators by the Banks, regarding and/or including information about whether those entities: (1) understood their own borrowing costs, (2) had motive to misrepresent rates to the British Banking Association and the public, and/or (3) effectively formed a global cartel to coordinate how to report borrowing costs between 2006 and 2010;
• Any other communications between the Bank of England staff and the Banks involving information about collusive behavior, such as price-fixing, bid-rigging, etc. and/or alluding to agreements among the Banks that may corroborate the existence of a scheme between 2006 and 2010;
• Any information uncovered, created, transmitted, or submitted to the Bank of England, its antitrust and antifraud prosecutors, and/or its criminal antitrust investigators by the British Bankers’ Association that references, regards, or includes information about the Banks’ borrowing cost representations and/or any improper attempts by the Banks to manipulate Libor between 2006 and 2010; and
• Any other materials gathered and/or prepared by the Bank of England in investigating the Banks’ business and strategic plans, nonpublic pro forma financial figures, due diligence findings, risk liquidity and interest rate management plans, cash flow projections, etc. that explore the level of supervision over these regulated financial institutions with their Libor reporting between 2006 and 2010.
In order to help you determine my status for the purpose of assessing fees, you should know that Kirby McInerney LLP and Motley Rice LLC are the attorneys of record for plaintiffs who allege that they were injured as a result of the Banks’ unlawful and intentional misreporting and manipulation of Libor prices. Kirby McInerney LLP and Motley Rice, LLC, wish to review this information in connection with our ongoing inquiry. This request is not for commercial use.
Kirby McInerney LLP and Motley Rice, LLC are willing to pay fees for this request up to a maximum of $500.00. If you estimate that the fees will exceed this limit, please inform us first.
We also include a telephone number below at which we can be contacted if necessary to discuss any aspect of my request. Please email or deliver all available documents to David Kovel, Esq., Kirby McInerney LLP, 825 Third Avenue, New York, NY 10022 ([email address]) and also Kathryn Waites, Esq., Motley Rice LLC, 28 Bridgeside Boulevard, Mt. Pleasant, SC, 29464 ([email address]).
David E. Kovel
Attorney at Law
Kirby McInerney LLP
825 Third Avenue
New York, NY 10022
Telephone: (2112) 317-2300
Facsimile: (212) 751-2540
Kathryn A. Waites, Esq.
Motley Rice, LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Dear Ms Waites
We acknowledge receipt of your email dated 30 August (our ref FF
25832).Â We will respond in due course.
If you have any queries please contact the Bank's Public Information and
Enquiries Group on +44 20 7601 4878.
Public Information and Enquiries Group
Bank of England | Threadneedle Street | London | EC2R 8AH | +44 20 7601
[Bank of England request email]