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Ex-trader Kerviel sentenced to 3 years in jail
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Ex-trader Kerviel sentenced to 3 years in jail
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Former trader Jerome Kerviel arrives at Paris courts for the verdict in his trial, as he faces charges of breach of trust, computer abuse and forgery, October 5, 2010.
Credit: Reuters/Charles Platiau
By Lionel Laurent
PARIS |
Tue Oct 5, 2010 11:26am EDT
PARIS (Reuters) - Former Societe Generale trader Jerome Kerviel was sentenced to three years in jail by a Paris court on Tuesday for his role in a trading scandal and ordered to pay the French bank 4.9 billion euros ($6.8 billion).
The verdict came as a victory for SocGen, which always maintained Kerviel acted alone and without the sanction of his managers at the bank. It had sought payment of damages for the money it lost unwinding the trader's risky market bets in 2008.
Kerviel's lawyer said he would immediately appeal the verdict, which he said was "senseless" and cleared the bank of all blame.
"Jerome is outraged ... that the people who created him have been totally exonerated," Olivier Metzner told journalists outside the courtroom in the Palais de Justice. Kerviel was given a total prison sentence of five years, two years of which were suspended. The public prosecutor had recommended Kerviel serve at least four years behind bars, with a fifth year suspended.
The payment to SocGen equates to 3.2 percent of France's central government deficit for 2010, the GDP of Monaco or 16 percent of the French bank's market value. Kerviel is currently paid 2,300 euros a month as a technology consultant.
EXCEPTIONAL DAMAGE
"Kerviel will never be able to repay this sum, but the fact that the punishment was imposed vindicates (SocGen's) position," said Bruno Quentin, partner at French law firm Gide, Loyrette & Nouel.
A SocGen spokeswoman said the amount awarded showed clearly "the exceptional damage suffered by the bank and its employees."
She declined to comment on whether the bank would press for repayment because -- as with the jail sentence -- the verdict is suspended until the end of the appeal process.
"The sentence is extremely harsh, especially as there was no personal enrichment on Kerviel's part," Paris-based lawyer Mabrouk Sassi told Reuters.
He said SocGen would now escape having to repay around 1.7 billion euros in tax on its losses as all responsibility had been put on the former trader.
Kerviel, 33, who sat in court staring at the floor with his arms folded as the judgment was read out, was ordered to his feet to be told he was guilty of breach of trust, computer abuse and forgery.
"Kerviel knowingly went beyond his remit as a trader," presiding judge Dominique Pauthe told the court.
Kerviel had not been given even tacit authorization from his bosses to speculate excessively and SocGen's own shortcomings did not exonerate him from his duties as a professional trader, the judge said.
Pauthe added that Kerviel knew exactly what he was doing in overstepping his remit and that he sought to hide his trading positions.
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See All Comments (6) | Post Comment
Oct 05, 2010 5:43am EDT
Reimbursing 4,9 billion euros? The court thinks it’s possible for an individual to do that?
humantrick
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Oct 05, 2010 6:35am EDT
This is typically French… The bank is corrupt, with many execs having been to “Science Po”, the elite school which almost all politicians go to. There were no controls at the bank and the risks he took were overlooked when he made a profit, and now he is being hung out to dry by a judge who no doubt had already determined the outcome before the case started.
His actions are inexcusable, but he was a low down pion in the machine, and the senior management needs to take responsibility. If he is required to pay back the $5bn, then SocGen should pay him the ~$10bn profit they made on these same kind of trades the year before
GA_Chris
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Oct 05, 2010 9:04am EDT
Re: Humantrick’s remark……This is known as Court’s intelligence. While handing over the verdict, the court will only consider how much money he has to pay back, disregarding the source from where he can possibly raise that amount.
It serves as a valid claim and ranks higher than other claims like creditors for personal loans, etc. in case Kerviel declares himself bankrupt.
Obviously, he cannot raise than amount even if he works for his lifetime, that is a known fact, but assuming he hits a jackpot in future, the court will have first right of recovery of that amount.
milkel
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Oct 05, 2010 9:26am EDT
Come on, all this guy was trying to do is please his bosses, and all they had in mind was their bonuses, or as they’d probably phrase it “keeping the bank profitable in a highly competitive, complex and innovative environment of international finances”…
yr2009
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Oct 05, 2010 10:05am EDT
Other judges should use this as a president for the next bankers to appear in the dock.
Government prosecutors around the world should be investigating banks and bankers, and any politician implicated in such behaviour (e.g. Tony Bliar for his financial deregulation antics since approx 1999) for wrong doings and preparing cases against them.
The repayments should go to the tax departments to pay back the tax payers who bailed out the bankers. It would be easier for an organisation to pay back this kind of sum than some individual minion.
Gubernator
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Oct 05, 2010 10:08am EDT
Sh_t rolls down hill and the top will always find there scapegoat!
wolf91101
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