CFTC Demands Proprietary Trading Firm to Pay Record Sum for Taking Part in a Misleading Scheme and Spoofing

CFTC Demands Proprietary Trading Firm to Pay Record Sum for Taking Part in a Misleading Scheme and Spoofing

The U.S. Commodity Futures Trading Commission (“CFTC”) ordered the filing and finalizing of charges of $67.4 million versus Tower Research Capital LLC, a proprietary trading firm. The CFTC alleged that over a length of almost two years, Tower violated multiple sections of the Commodity Exchange Act by a deceptive and manipulative scheme of spoofing in equity index futures products. These were traded on the Chicago Mercantile Exchange (“CME”), and the Chicago Board of Trade (“CBOT”).  As a result, the CFTC ordered the largest total monetary relief ever in a spoofing case.

According to the CFTC, the scheme was executed by placing one or more ordered that they hoped to get filled (“Genuine Orders”) on one side of the market, while on the opposing side of the marking, putting one or more orders that the traders planned to cancel prior to execution (“Spoof Orders”).  These usually are composed of fully-visible passive orders, for a considerable amount. The traders would then cancel their Spoof Orders, after be given a full or partial fill on the Genuine Orders.  In order to keep their scheme from other market participants while placing Spoof Orders, the traders used an order splitter to enter a number of randomly sized, smaller orders. The scheme occupied participants to trade against their Genuine Orders, by doing so the orders would fill quicker, at cost effective rates than Genuine Orders typically would. The Spoof Orders were then added to develop an order book variance within the relevant markets, which would then send the idea that the market planned to purchase or sell the certain contracts within the Spoof Orders.  This process than displayed a supply and demand effect, and this scheme was financially benefiting Tower.  This in turn caused, an amount of $32,593,849 million in market losses.

Tower’s cooperation with the Division of Enforcement’s investigation was acknowledged, and will reduce civil monetary penalty as an outcome. Also, any payments of restitution, disgorgement, or monetary penalty that is made in agreement to the U.S Department of Justice’s affiliated criminal action will be provided for offsets by the order.

To view the press release, visit:https://www.cftc.gov/PressRoom/PressReleases/8074-19?utm_source=govdelivery

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Kennyhertz Perry advises clients on a wide range of commodities and derivatives regulatory matters.  Kennyhertz Perry has experience in all types of derivative transactions and design structures to meet clients’ specific trading, financial and/or credit needs.  The roots of the practice are in the commodities markets, where Kennyhertz Perry partner Braden Perry spent time as a Senior Trial Attorney with the Commodity Futures Trading Commission.  Our lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, the Gramm-Leach-Bliley Act, the Securities Acts of 1933 and 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the SEC and CFTC regulations, the rules of the various derivatives exchanges and clearinghouses and other industry self-regulatory organizations and the “Blue Sky” state securities laws. Keeping abreast of regulatory developments is imperative, and enables our lawyers to guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on appropriate modifications of transaction structure and documentation.

Clients also benefit from Kennyhertz Perry’s experience in related areas of law, such as litigation, banking, securities, insurance, and its regular practice before the Commodity Futures Trading Commission. Leaders in the financial industry choose Kennyhertz Perry because the firm’s lawyers tailor their advice to the unique issues presented by each matter they handle.

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