ARTICLE
22 August 2019

Broker-Dealers Settle Charges For Misuse Of Pre-Released ADRs

CW
Cadwalader, Wickersham & Taft LLP

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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.
Two broker-dealers settled separate SEC charges (see here and here) for improperly obtaining the pre-release of American Depositary Receipts ("ADRs") that the firms should
United States Finance and Banking

Two broker-dealers settled separate SEC charges (see here and here) for improperly obtaining the pre-release of American Depositary Receipts ("ADRs") that the firms should have been aware were not backed by foreign shares or obtaining the shares from other dealers.

To settle the charges with the SEC, Cantor Fitzgerald & Co. agreed to pay (i) $359,000 in disgorgement of ill-gotten gains, (ii) $88,000 in prejudgment interest, and (iii) a $200,000 penalty.

To settle the charges with the SEC, BMO Capital Markets Corporation agreed to pay (i) $2.2 million in disgorgement of ill-gotten gains, (ii) $546,000 in prejudgment interest, and (iii) a $1.2 million penalty.

Primary Sources

  1. SEC Order: Cantor Fitzgerald & Co.
  2. SEC Order: BMO Capital Markets Corporation
  3. SEC Press Release: Cantor Fitzgerald and BMO Capital Charged for Improper Handling of ADRs

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