The Cartel: How BP Got Insider Tips Through a Secret Chat Room
bloomberg.com
bloomberg.com
If you read about what was actually shared, though, "tips about forthcoming trades, details of confidential client business and discussions of stop-losses", it sounds like there may have been some serious breeches of fiduciary duty on the part of the people providing the information.
As per the article, BP is denying everything, and so the article is very careful in phrasing BP's involvement:
"While there’s no evidence that any BP traders were members of the Cartel, Usher participated in at least one chat room with White, according to a person who has examined conversations that included both men. It couldn’t be determined from the messages reviewed by Bloomberg News who sent the information to BP or whether BP employees acted on any of the tips."
Except they did: "Traders at BP haven’t been accused of any wrongdoing. Last year, within hours of regulators announcing probes, the chats between BP and the banks were shut down, people with knowledge of the matter said. Soon after, a compliance officer was placed on the desk for the first time, one of them said."
Not exactly what one would do if one was "innocent".
Interesting tidbit on how the Bank of England may have been involved in all this rigging, FX market manipulation and criminal abuse of other market participants:
"[Usher] joined JPMorgan as head of spot foreign exchange in 2010, where he became a member of the now-defunct Bank of England’s Chief Dealers Sub Group, a collection of about a dozen currency traders and central bank officials who met at restaurants and bank offices to discuss industry developments."
Which is why the Bank of England itself may have had to scapegoat its own sacrificial lamb to avoid any further connection to this criminal cartel:
Chief FX dealer for the Bank of England, Martin Mallett, on November 12 "was dismissed by the Bank of England yesterday for “serious misconduct relating to failure to adhere to the Bank’s internal policies,” according to a statement by the central bank today."
Price collusion and market manipulation are not "insider trading", nor is breach of fiduciary responsibility. Insider trading is probably legal in the markets they were operating in, and it likely should be (in commodities, "you can't raise your price just because your costs went up - that's not public information" is obviously ridiculous; I'm slightly less convinced about currency). What seems to have happened was worse than insider trading.
http://www.wsj.com/articles/three-senior-traders-fired-amid-... (Oct. 14, 2014)
http://www.fca.org.uk/news/fca-fines-five-banks-for-fx-faili... (Nov. 12, 2014)
So the conventional wisdom was that this cartel involved almost exclusively bankers at the largest global banks including JPM, Goldman, Deutsche, Barclays, RBS, HSBC, and UBS.
This new article finally links banks with the other two facets of this FX-rigging "triangle" cartel: private sector companies that have no direct banking operations yet who have intimate prop trading exposure, as well as central banks themselves.
This has absolutely nothing to do with insider trading...
Messing with the market at this level will have very serious repercussions.
http://www.washingtonpost.com/blogs/wonkblog/wp/2013/07/26/i...
Especially when there's a huge perceived leeway of sneaking between legal cracks, with coopted or outright purchased politicians and regulators.