Jury Convicts
Hedge-Fund Manager Accused of Rigging option Trade in South Africa Rand
Neil Phillips oversaw a $20
million bet on South Africa’s currency, which prosecutors allege he manipulated
A
London hedge-fund manager accused of manipulating the foreign-exchange market
was convicted Wednesday of fraud in a trial that opened a window into a complex
corner of the global currency-trading business.
A
federal jury in Manhattan deliberated for less than a day before finding Neil
Phillips guilty of commodities fraud. The jury acquitted Phillips, the former
chief investment officer of Glen Point Capital, of a separate conspiracy
charge.
The
trial focused on a $20 million foreign-exchange options trade that Glen Point
entered in 2017. Phillips had a bullish view on the South African rand, and the
contract paid off because that currency strengthened against the U.S. dollar.
But prosecutors argued Phillips rigged the outcome by trading so much of the
dollar-rand currency pair in December of that year that he deliberately moved
the exchange rate past the level needed to profit on his options contract.
“A
jury unanimously found that Neil Phillips intentionally manipulated the foreign
exchange, or ‘FX’ market—the world’s largest decentralized financial market—in
order to trigger a $20 million windfall for his hedge fund under a barrier
option,” Manhattan U.S. Attorney Damian Williams said. “The policing of the
financial markets is critical to the health and sanctity of our economy.” The
judge set sentencing for March 14.
The
case against Phillips, 53 years old, was prosecutors’ latest move to rein in
practices in the unregulated foreign-exchange market, which trades $7.5
trillion around the clock. The Justice Department brought a series of criminal
cases over the past decade that accused bank traders of coordinating their
efforts to rig currency rates. The world’s biggest banks paid over $10 billion
in fines worldwide to resolve the probes.
Phillips
argued that his trading was a legitimate part of his overall strategy betting
on the rand. He believed the currency would strengthen as a result of a 2017
leadership vote that determined the next president of South Africa. Phillips
said he didn’t manipulate the exchange rate but was trading to enhance the
value of his wager on the rand.
“We
are extremely disappointed by the verdict and believe strongly that Neil
Phillips is innocent of the one charge on which he was found guilty,” said his
attorney, Sean Hecker. “We will continue to fight for the right result.”
Phillips,
who launched Glen Point Capital in London in 2015 with backing from financier
George Soros, grew up in South Africa and began his career trading at a series
of banks, including Morgan Stanley. He was executive producer of a 2021
documentary about the thousands of Nazi war criminals who were never prosecuted
for their roles in the Holocaust.
Phillips
was convicted of commodities fraud and faces a maximum sentence of 10 years in
prison. A judge will decide his sentence at a later phase.
Glen
Point bought a foreign-exchange option from Morgan Stanley in October 2017,
ahead of the election for leader of the African National Congress. The
contract, known as a barrier option, was written to pay off if the exchange rate
touched 12.50 rand per dollar.
Phillips
believed the rate would approach that level if Cyril Ramaphosa,
the candidate seen as more friendly to business, won the ANC election,
according to court records. Ramaphosa did win and
later became president of South Africa.
Prosecutors
used some of Phillips’s words against him at the trial. While the rand gained
after Ramaphosa was elected to steer the ANC, the
exchange rate didn’t immediately get to 12.50.
“Need
to trade thru 50,” Phillips wrote in one of the chats that prosecutors cited in
the indictment.
With
just a few days until the option expired, Phillips, sitting in South Africa,
directed a bank in Singapore to sell dollars for rand until the rate crossed
that price, prosecutors said. It was easier to move the price at that time
because it was the day after Christmas and the London and U.S. markets were
quiet, the government said.
“He
cheated by manipulating the exchange rate to win that bet,” prosecutor Kiersten
Fletcher said during last week’s opening statements, according to a trial
transcript.
In
the same time frame that Phillips sold $725 million to buy rand, Morgan Stanley
bought nearly $600 million while selling rand, according to court filings.
Phillips argued that both parties traded for legitimate, self-interested
reasons as the price of the asset neared the 12.50 barrier.