Month: June 2019

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Article: Catch of the Week — Merrill Lynch Commodities Inc.

Article - Media, Publications

Catch of the Week — Merrill Lynch Commodities Inc.

CONSTANTINE CANNON, 28 June 2019

Merrill Lynch Commodities Inc (“Merrill”), a commodity trading subsidiary of Bank of America Corporation, agreed on June 25th to two $25 million settlements with both the Department of Justice (“DOJ”) and the Commodity Futures Trading Commission (“CFTC”) to resolve allegations it conducted deceptive trading practices in United States commodities markets. Continue reading “Article: Catch of the Week — Merrill Lynch Commodities Inc.”

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Filing: Gamma vs Merrill Lynch, Morgan Stanley

Filing

Gamma vs Merrill Lynch, Morgan Stanley

CourtListener, 27 June 2019

This action arises from Defendants’ unlawful and intentional manipulation of COMEX Gold Futures, COMEX Silver Futures, NYMEX Platinum Futures, and NYMEX Palladium Futures contracts, and options on those futures contracts (collectively, “precious metals futures contracts”) traded on the New York Mercantile Exchange (“NYMEX”) and the Commodity Exchange, Inc. (“COMEX”) from approximately January 1, 2008 through December 31, 2014 (the “Class Period”) in violation of the Commodity Exchange Act, 7 U.S.C. §§ 1, et seq. (the “CEA”) and the common law.

PDF (29 pages): Gamma vs Merrill Lynch, Morgan Stanley

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Article: Merrill Lynch to pay $25M to settle metals ‘spoofing’ claims

Article - Media, Publications

Merrill Lynch to pay $25M to settle metals ‘spoofing’ claims

Jaclyn Jaeger, 27 June 2019

Merrill Lynch Commodities, a global commodities trading business, will pay a combined $25 million in criminal fines, restitution, and forfeiture of trading profits to resolve a government investigation into a multi-year scheme to mislead the market for precious metals futures contracts traded on the Commodity Exchange, the Department of Justice announced.

According to MLCI’s admissions, from 2008 through 2014, precious metals traders employed by MLCI schemed to deceive other market participants with materially false and misleading information. They did so by placing fraudulent orders for precious metals futures contracts that, at the time the traders placed the orders, they intended to cancel before execution. Continue reading “Article: Merrill Lynch to pay $25M to settle metals ‘spoofing’ claims”

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Fined: Sanford C. Bernstein & Co., LLC Fined by FINRA

Fined

Sanford C. Bernstein & Co., LLC Fined by FINRA

26 June 2019

An AWC was issued in which the firm was censured, fined $55,000, of which $6,000 is payable to FINRA, and required to revise its WSPs. Without admitting or denying the findings, the firm consented to the sanctions and to the entry of findings that, while acting as a trading center, it failed to establish, maintain and enforce written policies and procedures that were reasonably designed to prevent trade-throughs of protected quotations in national market system (NMS) stocks when it executed these orders internally but failed to simultaneously send intermarket sweep orders (ISOs) to one or more markets displaying protected quotations in that stock.

Read full report.

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Article: Merrill Lynch Pays $36.5 Million to Settle Spoofing Charges

Article - Media, Publications

Merrill Lynch Pays $36.5 Million to Settle Spoofing Charges

Aziz Abdel-Qader, 26 June 2019

Merrill Lynch Commodities, Inc. (MLCI) has just settled spoofing charges with the Commodity Futures Trading Commission (CFTC) by agreeing to pay a combined $36.5 million. The CFTC action centered on spoofing activity carried out by Bank of America’s global commodities trading business in a scheme that ran from 2008 through 2014 and involved dozens of fraudulent orders that were canceled before execution.

MLCI precious metals traders are accused of working with other traders to rig the purchase and sale of futures contracts on the Chicago Mercantile Exchange and the Chicago Board of Trade. Continue reading “Article: Merrill Lynch Pays $36.5 Million to Settle Spoofing Charges”

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Article: MERRILL LYNCH CAUGHT CRIMINALLY MANIPULATING PRECIOUS METALS MARKET OVER 6 YEARS

Article - Media, Publications

MERRILL LYNCH CAUGHT CRIMINALLY MANIPULATING PRECIOUS METALS MARKET OVER 6 YEARS

GOLDBROKER, 26 June 2019

Remember when it was pure tinfoil-hat conspiracy theory to accuse one or more banks of aggressively, compulsively and systematically manipulating the precious metals – i.e., gold and silver – market? We do, after all we made the claim over and over, while demonstrating clearly just how said manipulation was taking place, often in real time.

Well, it’s always good to be proven correct, even if it is years after the fact. Continue reading “Article: MERRILL LYNCH CAUGHT CRIMINALLY MANIPULATING PRECIOUS METALS MARKET OVER 6 YEARS”

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Article: Merrill Lynch fined $25 million for multi-year spoofing scheme

Article - Media, Publications

Merrill Lynch fined $25 million for multi-year spoofing scheme

Hayley McDowell, 26 June 2019

Merrill Lynch has been fined $25 million by authorities in the US after admitting it engaged in a multi-year spoofing scheme in the precious metals futures market.

The global commodities trading arm of Merrill Lynch agreed to pay the fine to resolve the US Department of Justice’s investigation into the scheme which saw the firm’s metals traders deceive market participants by placing fraudulent orders for futures contracts.

Merrill Lynch Commodities admitted that from at least 2008 until 2014, its precious metals traders placed orders for futures with intentions to cancel before execution, in a bid to create a false impression of increased supply and demand and manipulate the market. Continue reading “Article: Merrill Lynch fined $25 million for multi-year spoofing scheme”

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Article: The Truth About Naked Short Selling Commentary

Article - Media

The Truth About Naked Short Selling: Commentary

John Olagues

Investopedia, 25 June 2019

The basic form of short selling is selling stock that you borrow from an owner and do not own yourself. In essence, you deliver the borrowed shares. Another form is to sell stock that you do not own and are not borrowing from someone. Here you owe the shorted shares to the buyer but “fail to deliver.” This form is called naked short selling.

Read full article.

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Article: Short on Dunkin’ Brands and Burger King’s Parent: Jim Chanos

Article - Media, Publications

Short on Dunkin’ Brands and Burger King’s Parent: Jim Chanos

SHOBHIT SETH, 25 June 2019

Founder and president of Kynikos Associates, Jim Chanos, is betting against two popular fast food stocks. Talking about his short positions in Dunkin’ Brands Group Inc. (DNKN) and Burger King’s parent company, Restaurant Brands International Inc. (QSR), the closely followed short seller told CNBC in an interview on Thursday morning, “We’ve been short these things for about a year.” (See also: The World’s Top 10 Restaurant Companies.)

Providing the justification for his short calls on the stocks, Chanos expressed concerns about the increasing price-to-earnings ratios of the restaurant stocks as the business continues to struggle. An increasing trend in price-to-earnings ratios indicates a higher price of the stock compared to its earnings potential and is considered to be detrimental to sustained positive returns from the stock investments.

Questioning the viability of the “franchisers versus the franchisees” operating model of such businesses, Chanos added that he doesn’t like what he calls “this asset-light idea” of these companies not owning their restaurants while “basically clipping the coupons, collecting royalties” from the franchises.
Continue reading “Article: Short on Dunkin’ Brands and Burger King’s Parent: Jim Chanos”

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Release: Merrill Lynch Commodities Inc. Enters into Corporate Resolution and Agrees to Pay $25 Million in Connection with Deceptive Trading Practices Executed on U.S. Commodities Markets

Release

Merrill Lynch Commodities Inc. Enters into Corporate Resolution and Agrees to Pay $25 Million in Connection with Deceptive Trading Practices Executed on U.S. Commodities Markets

DOJ, 25 June 2019

Merrill Lynch Commodities Inc. (MLCI), a global commodities trading business, has agreed to pay $25 million to resolve the government’s investigation into a multi-year scheme by MLCI precious metals traders to mislead the market for precious metals futures contracts traded on the Commodity Exchange Inc. (COMEX), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office.

Read full release.

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Fined: Windsor Street Capital, LP fka Meyers Associates, L.P Fined by FINRA

Fined

Windsor Street Capital, LP fka Meyers Associates, L.P Fined by FINRA

25 June 2019

An Office of Hearing Officers (OHO) decision became final in which the firm was expelled from FINRA® membership, fined $1,000,000, ordered to pay $61,559.02, plus interest, in restitution to customers and ordered to pay disgorgement in the amount of $256,550. Rodriguez was barred from association with any FINRA member in all capacities.

Read full report.

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Article: ICYMI – Investing Insight from “The Scourge of Wall Street” Marc Cohodes

Article - Media, Publications

ICYMI – Investing Insight from “The Scourge of Wall Street” Marc Cohodes

Hedgeye, 25 June 2019

Hedgeye CEO Keith McCullough just hosted a conversation with renowned short-seller Marc Cohodes. If you haven’t watched it yet, we encourage you to do so. According to Cohodes, the craft of short-selling is more than just about making money, it’s about exposing business practices that are at best deeply questionable and at worst… criminal. Continue reading “Article: ICYMI – Investing Insight from “The Scourge of Wall Street” Marc Cohodes”

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Article: U.S. Fines Merrill Lynch For ‘spoofing’ In Precious Metals Futures

Article - Media, Publications

U.S. Fines Merrill Lynch For ‘spoofing’ In Precious Metals Futures

RTTNews, 25 June 2019

Merrill Lynch’s global commodities trading business agreed to pay $25 million to resolve the government’s investigation into a multi-year scheme by the company’s precious metals traders to mislead the market for precious metals futures contracts traded on the Commodity Exchange Inc., the U.S. Justice Department said.

Merrill Lynch admitted that, starting at least 2008 and continuing through 2014, precious metals traders employed by the company’s schemed to deceive other market participants by injecting materially false and misleading information into the precious metals futures market. They did so by placing fraudulent orders for precious metals futures contracts that, at the time the traders placed the orders, they intended to cancel before execution. Continue reading “Article: U.S. Fines Merrill Lynch For ‘spoofing’ In Precious Metals Futures”

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Article: Merrill Lynch Commodities Inc. Enters into Corporate Resolution and Agrees to Pay $25 Million in Connection with Deceptive Trading Practices Executed on U.S. Commodities Markets

Article - Media, Publications

Merrill Lynch Commodities Inc. Enters into Corporate Resolution and Agrees to Pay $25 Million in Connection with Deceptive Trading Practices Executed on U.S. Commodities Markets

Department of Justice Office of Public Affairs, 25 June 2019

Merrill Lynch Commodities Inc. (MLCI), a global commodities trading business, has agreed to pay $25 million to resolve the government’s investigation into a multi-year scheme by MLCI precious metals traders to mislead the market for precious metals futures contracts traded on the Commodity Exchange Inc. (COMEX), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office. Continue reading “Article: Merrill Lynch Commodities Inc. Enters into Corporate Resolution and Agrees to Pay $25 Million in Connection with Deceptive Trading Practices Executed on U.S. Commodities Markets”

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