ARTICLE
22 August 2016

SEC Settles Charges Against Trader For Misleading RMBS Customers

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The SEC settled fraud charges against a former head trader of residential mortgage-backed securities ("RMBS").
United States Finance and Banking

The SEC settled fraud charges against a former head trader of residential mortgage-backed securities ("RMBS").

The SEC found that the trader:

  • misled customers, with whom he was negotiating the sale of RMBS, on price and compensation; and
  • misrepresented the sale of the RMBS as out of his company's inventory rather than as a trade between customers.

In its Order, the SEC noted that because "RMBS are generally illiquid, and discovering a market price for them is difficult, . . . participants in the RMBS market rely on informal sources, such as the dealer with whom they trade, for this information." SEC Enforcement Division Complex Financial Instruments Unit Chief Michael J. Osnato emphasized that the trader breached investors' good faith:

With no public exchange showing the price for each RMBS trade as it occurs, investors purchasing these securities rely on dealers to be honest about the purchase price they paid. [The trader] repeatedly abused his fundamental duty to serve as an honest transmitter of market information so he could increase [his company's] trading profits and, indirectly, his own compensation.

The trader agreed to pay $200,000 in disgorgement, $50,000 in prejudgment interest, and a $150,000 penalty. Further, the SEC barred the trader from working in the securities industry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More