Convicted Libor rigger Tom Hayes on his plans for the future and what the City should learn from his case

Today’s guest  was the first person in the world to be jailed for rigging the London interbank offered rate a benchmark that helped to determine interest rates or mortgages in sizeable corporate loans.

He is also one of the only bankers to be sent to prison after the financial crisis.

Tom Hayes is a former UBS and Citigroup trader who spent half of his 11-year sentence in prison. His release in early 2021 came after the four other former traders convicted in the Libor manipulation scandal had completed their prison terms. Eight others embroiled in the scandal were acquitted without charge.

He had unwittingly made it easy for prosecutors to earmark him for harsher treatment by first cooperating with the UK's serious fraud office, providing them with hours of incriminating interviews before switching tack and deciding to fight his case. The UK's criminal courts did not look kindly upon that move.

In 2017, lawyers for Hayes submitted this case to the Criminal Cases Review Commission, which is an independent body responsible for investigating suspected miscarriages of justice in a bid to have his conviction quashed. His legal team have long claimed that his autism diagnosis ahead of his 2015 trial was not given due consideration in court and has argued that the prosecution used witnesses who were not experts and held back important items of evidence from the defense.

The CCRC has had the option to refer Tom's your case to the court of Appeal if it decides there's a real possibility that his original conviction could be quashed by the court. In late 2021, it decided to provisionally reject his efforts to appeal his case.

Hayes and his legal team have since had the opportunity to push back on that decision and that pushback has become more pronounced last year when a US Court dismissed its criminal indictment against Tom.

In November, the CCRC took the unusual step of inviting Hayes’ legal team to give their views on whether the US Court decision should prompt his conviction to be overturned, which suggests it is reconsidering its earlier position and that Hayes’ six year long fight to clear his name now looks set to be nearing an end.

We discuss his ongoing efforts to clear his names, how he is moving on both personally and professionally from a lost decade, and what today’s finance execs can learn from his story.

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In response to Hayes' comments in this episode, a CCRC spokesperson said:  "This is a large, complex case and no final decision has yet been made by the CCRC on whether to refer it to the Court of Appeal.  However, a CCRC committee is scheduled to meet on 13 March 2023, to discuss and assess the case further.” 

A spokesperson for the SFO said that the prosecution agency's investigations into interest rate rigging had "followed the criminal justice process in England and Wales". "As a result of the investigations, nine individuals either pleaded guilty or were found guilty by a jury,” the spokesperson said. "A number of those convictions have been reviewed by the Court of Appeal and none of them have been overturned."