Bank of England ordered to release files in
BCCI case
02.03.2004 -
LONDON - Britain's central bank lost an appeal on Monday to keep
sensitive internal documents under wraps in a lawsuit seeking almost
£1 billion ($2.7 billion) over its role in the world's biggest banking
fraud.
England's Court of Appeal ruled that the Bank of England had to
release up to 10 files worth of letters between the bank and its
lawyers relating to the collapse of Bank of Credit and Commerce
International (BCCI) in 1991.
Lawyers for Deloitte, BCCI's liquidators, want to use the letters
as part of their attempts to prove that the BoE knowingly did not
protect BCCI depositors when the bank fraud resulted in the collapse
of BCCI with debts of more than US$16 billion ($23 billion).
The Bank of England had argued that the letters, which cover
approximately the first year following BCCI's collapse, were covered
by legal privilege and should be kept under wraps but the Court
dismissed that argument.
The central bank is considering petitioning the House of Lords,
Britain's highest court, to see if it can appeal against the ruling.
The first trial brought against the Bank of England, before a judge
rather than a jury, kicked off in January and is set to last at least
a year.
BCCI was closed in 1991 by regulators in a worldwide swoop, partly
organised by the Bank of England, after it discovered the lender had
disguised losses and was insolvent.
Founded in 1972 by Pakistani banker Agha Hassan Abedi, BCCI grew
from a small, Asian bank to an empire spanning 69 countries with $20
billion of assets.
A report the year after BCCI's collapse by Lord Bingham, now
Britain's most senior judge, criticised the central bank for not
spotting BCCI's criminal behaviour earlier but blamed poor
communication and procedures rather than deliberate negligence.
Deloitte and law firm Lovells have battled for more than 10 years
to get some 300,000 internal Bank of England papers that document its
discussions about BCCI.
If the Bank loses its case and it has to pay out around £850
million, which Deloitte is seeking on behalf of 6,500 UK depositors,
the bill could eventually end up with the British taxpayer.
- REUTERS