One senior accounting source had suggested that employees of the bank could have faced reckless trading charges because they had released some borrowers from personal guarantees while the bank struggled to remain afloat. While it is not illegal to release personal guarantees, in the context with which it was done at Anglo the legal sources said it could have been construed as reckless trading under the Companies Act. However, the state's decision to step in and keep the bank alive means such a move cannot now take place.

It is known that the Garda investigation into Anglo Irish Bank is looking at how and why certain clients of the bank were released from personal guarantees.

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