ARTICLE
26 October 2016

Firm Settles FINRA Charges That It Violated Trade Reporting And Related Supervisory Requirements

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 agreed to pay a $2.8 million fine in order to settle FINRA charges that it violated SEC and FINRA rules with respect to trade reporting, OATS reporting, books and records, etc...
United States Corporate/Commercial Law

A broker-dealer agreed to pay a $2.8 million fine in order to settle FINRA charges that it violated SEC and FINRA rules with respect to trade reporting, Order Audit Trail System ("OATS") reporting, books and records, and related supervisory requirements.

FINRA alleged that:

  • a system configuration error caused the firm to, among other things, (i) make inaccurate reports concerning millions of trades, in which purchases were reported as principal sales and agency crosses, to a FINRA Trade Reporting Facility, and (ii) report millions of trades that it was not required to report;
  • the firm encountered a number of separate system errors that caused it to (i) report millions of inaccurate reportable order events to OATS, including inaccurate timestamps, and broker-dealer orders reported incorrectly as customer orders, and (ii) fail to report millions of execution reports; and
  • the firm failed to record certain special-handling instructions, as well as correct receipt and route timestamps on order tickets, which caused millions of records to be inaccurate.

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