ARTICLE
8 June 2020

Broker-Dealer Settles FINRA Charges For Overstating Its Executed Trade Volume

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.
A broker-dealer settled FINRA charges for overstating its executed trade volume by inaccurately advertising its executed trade volume through a private subscription-based provider of market data.
United States Finance and Banking

A broker-dealer settled FINRA charges for overstating its executed trade volume by inaccurately advertising its executed trade volume through a private subscription-based provider of market data.

According to FINRA, the broker-dealer violated FINRA Rule 5210 ("Publication of Transactions and Quotations") by inaccurately advertising its executed trade volume in at least 4,280 instances (overstating the trade volume by 186,818,546 shares). The inaccuracy was caused by improperly including orders from other firms that used the broker-dealer as a technology vendor, not for execution. FINRA also charged the broker dealer with submitting duplicate trade volume for one symbol and for violating FINRA Rule 3110 ("Supervision") by failing "to establish, maintain, and enforce" a supervisory system and written supervisory procedures designed to prevent such inaccurate advertising of the broker-dealer's executed trade volume.

To settle the charges, the broker-dealer agreed to a (i) censure and (ii) $100,000 fine ($70,000 for violating FINRA Rule 5210, and $30,000 for violating FINRA Rule 3110).

Originally published May 18, 2020.

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