Employee Survival Guide®

UBS Allegedly Curated Evidence To Sacrifice An Employee: Tom Hayes v. UBS case update

• Mark Carey | Employment Lawyer & Employee Advocate • Season 7 • Episode 118

Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.

0:00 | 44:39

Send us Fan Mail

A single trader helps save a bank during the 2008 crash, gets dangled a $2.5 million retention bonus, and then later becomes the face of a global criminal narrative. That’s the whiplash at the center of Tom Hayes’ fight against UBS and the reason we’re spending time on a dense but crucial set of court filings out of Connecticut. 

We break down two major litigation updates from the Connecticut Superior Court: the judge denies UBS’s attempt to move the case onto the complex litigation docket, and Hayes delivers a major discovery package of more than 350 pages, including internal materials and his sworn affidavit. From there, we walk the timeline that matters for malicious prosecution claims, starting with an April 2010 CFTC subpoena served on UBS in Stamford focused on US dollar LIBOR, and the alleged pivot after UBS retains outside counsel and shifts into cooperation mode. We also explain why a DOJ email seeking Hayes’ identifying details, including a Japanese pension number, is such a telling breadcrumb. 

Then we slow down and make the finance readable: what LIBOR is, how it was set, why US dollar LIBOR lowballing points toward executive-level reputational risk, and why Yen LIBOR manipulation frames the story as a trading-floor problem. We dig into the newly highlighted internal emails that praise Hayes’ market impact and “invaluable” connections, contrast them with criticism that later becomes weaponizable, and explain how corporate proffers, selective Bloomberg chats, and e-discovery search terms can shape what regulators and the public believe. If you’ve ever been told to follow an unwritten rule you suspect the company would deny later, this conversation is for you. 

Subscribe for more deep dives on workplace power, share this with a coworker who needs it, and leave a review with your biggest question about corporate investigations and employee risk.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.  

We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. 

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer:  For educational use only, not intended to be legal advice.