NEW YORK--(BUSINESS WIRE)--The law firm of Kirby McInerney LLP announces that it filed a class action yesterday against 5 global banks on behalf of investors who held or transacted in physical gold or gold derivatives that settled or were marked-to-market at the London Fix, or held or transacted in COMEX gold futures or options contracts between January 1, 2004 and the present.
The Complaint alleges that Bank of Nova Scotia, Barclays, Deutsche Bank, HSBC and Société Générale conspired to manipulate the London gold benchmark price, and therefore the price of gold and gold derivative contracts, through the London Fix mechanism. These five banks are London Fix members whose twice daily conference calls establish the benchmark price for gold. This price largely influences worldwide gold prices. London Fix members reportedly trade other gold-related instruments during the London Fix teleconference. This permits the members critical foreknowledge, permitting them or their affiliates to trade derivatives with advance knowledge that the price is virtually certain to move in accordance with the fixing.
The Complaint specifically alleges manipulation of the London fix and provides dates of anomalous gold price movements which coincided with the London Fix conference calls. These examples are indicative of manipulation as prices near the time of the call spiked and then retreated in the opposite direction as soon as the price was “fixed.” The Complaint alleges that the five banks agreed with one another to restrain trade through collusively manipulating prices of gold and gold derivatives contracts to profit from the manipulations, both individually and collectively, in violation of Commodity Exchange Act and CFTC Rule 180.1(a) and Section 1 of the Sherman Act, 15 U.S.C. §1 et. seq.
The case is Peter DeNigris v. Bank of Nova Scotia, et al., No. 14 Civ. 1638 (S.D.N.Y.). For additional information, please contact David Kovel, Esq. by email or by telephone at (212) 371-6600.
Kirby McInerney LLP is a New York-based specialist plaintiffs’ litigation firm with expertise in antitrust, securities, commodities, health care, consumer, and whistleblower litigation. Kirby McInerney LLP has recovered billions of dollars for its clients on a class and individual litigation. Information about the firm can be found at Kirby McInerney’s website: http://www.kmllp.com.