ARTICLE
18 April 2018

Broker-Dealer Fined for Failure To Supervise Customer E-Trading

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.
An SEC-registered broker-dealer and FINRA member, agreed to pay a $1.575 million fine to settle charges from FINRA and several exchanges for violations Exchange Act Rule 15c3-5 (the "Market Access Rule").
United States Corporate/Commercial Law

An SEC-registered broker-dealer and FINRA member, agreed to pay a $1.575 million fine to settle charges from FINRA and several exchanges for violations Exchange Act Rule 15c3-5 (the "Market Access Rule"). Instinet, LLC ("Instinet") was charged with "failing to supervise trading to detect and prevent potentially violative and manipulative activity," and "failing to implement financial and regulatory risk management controls and procedures reasonably designed to prevent the entry of erroneous or duplicative orders, orders that exceeded appropriate pre-set credit or capital thresholds, or erroneous messaging activity resulting from malfunctioning customer algorithms and trading systems."

Without admitting to or denying the charges, Instinet also agreed to a censure and to implement controls and procedures to remedy the described Market Access Rule deficiencies.

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