Regulation  

Barclays execs accused of secret Qatar funding

"This was not the percentage, or anywhere close to it, which Barclays was to pay other the investors – it was over double."

In October, Barclays needed to pay the Qataris an extra £280m, which they knew would have to be divulged in public documents.

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"There were a number of reasons why it was necessary to hide the true position including the most obvious and most immediate of which was that the other investors would have demanded to be paid the same commission rate, as was the rule so to speak."

Mr Brown told the jury that there was also concerns that if the information became public then confidence in the bank would collapse.

"If Barclays was seen to be so weak and vulnerable that it needed to pay substantial fees to investors, then a private capital raising may not succeed at all because other investors would have become concerned about that apparent weakness.

"Alternatively, the price that they would have to pay to other investors - at the same rate - would be prohibitive, and itself of course showing weakness."

The prosecutor told how the defendants believed that the only way to avoid a loss of confidence or a hike in investor rates was to make false representation in public facing documents.

"The position presented was that the Qataris were being paid at the same commission rate as every other investor, as was the obligation.

"That was not true, say the Crown, and the conspirators all knew it to be a lie."

Mr Brown explained that the advisory agreements were merely a fig leaf for paying the Qataris the agreed commission without market scrutiny.

Mr Varley was chief executive of Barclays until the end of 2010. Mr Jenkins left Barclays in 2009 and is now based in Malibu, California.

Mr Kalaris, a London-based US citizen, ran the wealth management arm of Barclays while Mr Boath was in charge of the bank's European financial institutions group.

Mr Varley, of Notting Hill, Mr Jenkins, of Malibu, California, Mr Kalaris, of Knightsbridge, and Mr Boath, of Henley-on-Thames, Oxfordshire, deny fraud by false representation, between 1 May 2008 and 31 August 2008.

The charge alleges they conspired together 'to commit fraud by making a false representation, namely within documents relating to Barclays' capital raising of June 2008, intending to make a gain, namely or cause loss to another, or exposing another to a risk of loss.'

Mr Varley and Mr Jenkins deny a second like charge of fraud by false representation, between 1 September 2008 and 30 November 2008.

The charge alleges they conspired together 'to commit fraud by making a false representation, namely within documents relating to Barclays' capital raising of October 2008, intending to make a gain, namely or cause loss to another, or exposing another to a risk of loss'.