ARTICLE
23 December 2019

FINRA Sanctions Broker-Dealer In Manipulative Trading Scheme

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.
FINRA, NYSE, Nasdaq, the Chicago Board Options Exchange and certain affiliated exchanges sanctioned a broker-dealer and permanently banned its former CEO for enabling foreign traders to conduct a manipulative trading scheme.
United States Corporate/Commercial Law

FINRA, NYSE, Nasdaq, the Chicago Board Options Exchange and certain affiliated exchanges sanctioned a broker-dealer and permanently banned its former CEO for enabling foreign traders to conduct a manipulative trading scheme.

As previously covered, the SEC found that the broker-dealer's customers illegally profited from (i) placing and canceling orders to manipulate the buying and selling of stocks at artificial prices (a/k/a "layering") and (ii) buying and selling stocks to artificially affect options prices (a/k/a "cross-market manipulation").

FINRA found that the firm and its former CEO aided and abetted violations of the U.S. federal securities laws, violated Exchange Act Rule 15c3-5 (the "Market Access Rule"), and failed to implement required know-your-customer and supervisory procedures. Additionally, FINRA stated that the firm failed to (i) provide requested information in a timely manner and (ii) demonstrate high standards of commercial honor and equitable principles of trade.

In addition to permanently banning the broker-dealer's former CEO from the securities industry, FINRA and the securities exchanges imposed on the broker-dealer firm (i) a censure, (ii) a fine of $900,000 and (iii) trading restrictions and compliance undertakings.

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