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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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”

Article: Major Banks Suspected of Collusion in Bond-Rigging Probe

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Major Banks Suspected of Collusion in Bond-Rigging Probe

Patricia Kowsmann and Margot Patrick, 20 December 2018

The European Commission suspects Deutsche Bank AG , Credit Suisse Group AG, Crédit Agricole SA and another global bank of colluding to manipulate a multi-trillion-dollar government-backed bond market, escalating a long running probe.

The European Union’s executive arm, which opened the investigation almost three years ago, said in a statement Thursday that banks will now lay out their defenses. If found guilty, they could face a fine of up to 10% of their annual world-wide revenue. Continue reading “Article: Major Banks Suspected of Collusion in Bond-Rigging Probe”

Article: South Korea exchange ups scrutiny of Merrill Lynch trading

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South Korea exchange ups scrutiny of Merrill Lynch trading

Song Jung-a, Emma Dunkley

Financial Times, 21 August 2018

South Korea’s stock exchange has stepped up its monitoring of high-frequency trading by the Seoul branch of Bank of America Merrill Lynch after local investors complained about alleged unfair stock trades by the US brokerage.

The scrutiny comes after individual local investors filed petitions to the presidential office, saying they suffered huge losses due to large, high-frequency trades and bets against South Korean stocks through the brokerage since last year.

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Article: CREDIT SUISSE INTERNATIONAL HAS MARKET MANIPULATION LAWSUIT AGAINST IT DISMISSED

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CREDIT SUISSE INTERNATIONAL HAS MARKET MANIPULATION LAWSUIT AGAINST IT DISMISSED

MARIA NIKOLOVA, 26 March 2018

Credit Suisse International (CSI) has had the complaint against it dropped in a case targeting a number of primary dealers of US Treasuries. The order, filed earlier today with the New York Southern District Court, was signed by Judge Paul Gardephe on March 23, 2018.

The order stipulates that CSI is no longer a party in the market manipulation case captioned Breakwater Trading LLC et al v. Bank Of America Corporation et al (1:17-cv-06497). The plaintiffs have voluntarily dismissed all claims against CSI without prejudice to reassert such claims against CSI at a later time should evidence arise in discovery or otherwise that reveals information providing a basis for joining CSI on the claims being litigated in this case. Continue reading “Article: CREDIT SUISSE INTERNATIONAL HAS MARKET MANIPULATION LAWSUIT AGAINST IT DISMISSED”

Article: Top Wall Street Banks Accused of Conspiracy to Control Stock Lending Market Via Threatening Tactics and Boycotts

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Top Wall Street Banks Accused of Conspiracy to Control Stock Lending Market Via Threatening Tactics and Boycotts
Cohen Milstein, 17 August 2017

Goldman Sachs, JP Morgan, UBS, Credit Suisse, Morgan Stanley and Bank of America Face Antitrust Allegations

NEW YORK—Several of the world’s largest investment banks have colluded, in violation of federal antitrust laws, to create and maintain exclusive control of the more than $1 trillion stock loan market, reaping massive profits at the expense of investors, according to three public employees’ pension funds which today filed a federal class action lawsuit. The suit alleges that since at least 2009, six of the world’s largest investment banks—Bank of America, Credit Suisse, Goldman Sachs, JP Morgan, Morgan Stanley and UBS—have illegally conspired to overcharge investors and maintain the power they hold over the stock loan market, obstructing multiple efforts to create competitive electronic exchanges that would benefit both stock lenders and borrowers. Continue reading “Article: Top Wall Street Banks Accused of Conspiracy to Control Stock Lending Market Via Threatening Tactics and Boycotts”

Article: FINRA fines Merrill Lynch $2.8 million for reporting violations

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FINRA fines Merrill Lynch $2.8 million for reporting violations

Elizabeth Dilts

Reuters, 18 October 2016

The Financial Industry Regulatory Authority fined Bank of America’s Merrill Lynch $2.8 million on Tuesday for what it called systemic violations in record-keeping and how the firm reported trades and order audit trail system data.

The allegations involve trade and order audit data that brokerages submit to FINRA, and which the regulator uses to detect, among other things, possible market manipulation.

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Filing: SEC v Merrill Lynch

Filing

SEC v Merrill Lynch

23 June 2016

Broker-dealers are required to be diligent stewards of the cash and securities entrusted to them by their customers. This basic principle is embodied in Exchange Act Rule 15c3-3, known as the Customer Protection Rule (“Rule”). The Rule requires broker-dealers to safeguard both the cash and securities of their customers so that customer assets can be quickly returned if the firm fails. In broad strokes, a broker-dealer cannot use customer assets to finance the business activities of the firm, and it cannot place customer assets in locations or accounts that make them vulnerable to claims made against the broker-dealer by third parties.

PDF (23 pages): SEC v Merrill Lynch

 

Article: SCOTUS Send Merrill Lynch Case to NJ State

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SCOTUS Send Merrill Lynch Case to NJ State

ADAM KLASFELD, 06 May 2016

Merrill Lynch and other brokerage firms must face a state court case that says illegal naked short sales cost investors more than $800 million, the U.S. Supreme Court ruled Monday. The shareholders brought their case four years ago in New Jersey over the Fortune 500 memorabilia company Spectrum Group International, then known as Escala Group. One of the investors, Greg Manning, said “naked short selling” sent his more than 2 million Escala shares into a nosedive. In typical short sales, investors speculate that the price of a stock will decline and purchase securities that they do not currently own in order to profit from the fall. Securities laws and regulations mandate that a short seller borrow the stock it sold and deliver it within four days of sale. Continue reading “Article: SCOTUS Send Merrill Lynch Case to NJ State”

Article: Barclays, RBS and others settle U$2bn currency-rigging lawsuits

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Barclays, RBS and others settle U$2bn currency-rigging lawsuits

Jonathan Jones, 14 August 2015

HSBC (LON:HSBA), Barclays (LON:BARC), Royal Bank of Scotland (LON:RBS) and two other banks settled on yet more payouts for currency-rigging.

The banks settled with US investors, agreeing to a payout which took the overall total paid to the investors to US$2bn (£1.28bn) from nine banks.

US heavyweight Goldman Sachs and BNP Paribas also settled.

It’s another round of payouts after six banks, including Barclays and RBS were, in May, ordered to pay US$6bn (£3.84bn) by UK and US authorities.

At the time, Barclays was hit with the biggest bank fine in British history.

American investors claimed the banks joined together to manipulate the US$5.3trn a day foreign exchange market.

Legal firm Hausfeld, which represented the investors, said that the agreements were preliminary and subject to approval by US District Judge Lorna Schofield.

As yet, there has been no information on how the sum would be divided between the banks if passed.

“In addition to the billions of dollars in compensation, these settling banks have agreed to cooperate with investors in their continuing litigation” against other institutions, Hausfeld said.

The banks yet to settle are Standard Chartered (LON:STAN), Societe Generale, Bank of Tokyo-Mitsubishi UFJ, RBC Capital Markets, Deutsche Bank, Credit Suisse and Morgan Stanley.

The US$2bn includes earlier settlements of US$800mln, with JPMorgan, Bank of America, UBS and Citigroup.

“While the recoveries here are tremendous, they are just the beginning,” said Hausfeld chairman Michael Hausfeld.

“Investors around the world should take note of the significant recoveries secured in the United States and recognize that these settlements cover a fraction of the world’s largest financial market,” he said.

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Article: BofA’s Merrill fined $11m over short selling

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BofA’s Merrill fined $11m over short selling

Ben McLannahan

Financial Times, 1 June 2015

The Securities and Exchange Commission has fined Bank of America’s Merrill Lynch unit $11m for failing to keep proper records of stock available to borrow, after irregular trades were carried out over at least six years.

The case relates to short selling — or betting that the price of a stock will fall — in which investors such as hedge funds ask their brokers to find stock to borrow, which they then sell, hoping to buy it back later for less.

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Article: SEC charges Merrill Lynch, fines firm $11 million for short sales violations

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SEC charges Merrill Lynch, fines firm $11 million for short sales violations

Francine McKenna, 01 June 2015

The Securities and Exchange Commission announced charges Monday against Bank of America’s BAC, +1.88% Merrill Lynch subsidiary for using bad data since 2012 to “locate” stock for short sales, violating Rule 203(b) of Regulation SHO. That rule prevents “naked” short sales, shorting shares that are not “easy to borrow.” The firm admitted the wrongdoing and will pay a $9 million penalty plus interest and give up $1.6 million in profits. Merrill Lynch must also submit to a compliance review by an independent consultant. Continue reading “Article: SEC charges Merrill Lynch, fines firm $11 million for short sales violations”

Article: Four Banks Plead Guilty To Foreign Exchange Collusion, UBS Pleads Guilty To Wire Fraud

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Four Banks Plead Guilty To Foreign Exchange Collusion, UBS Pleads Guilty To Wire Fraud

Antoine Gara, 20 May 2015

U.S. banking giants Citigroup and JPMorgan Chase and U.K.-base conglomerates Barclays and The Royal Bank of Scotland have agreed to plead guilty antitrust violations stemming from their collusion to manipulate prices in the foreign exchange market over the course of five years, the Department of Justice said on Wednesday. Those banks and UBS have agreed to pay a total of $5.8 billion in fines to global regulators as part of their FX market collusion.

Five banks will pay the Department of Justice nearly $3 billion in fines and penalties for their manipulation of U.S. dollar and Euro exchange rates, which the DoJ characterized as occurring “almost every day for five years” through private chat rooms, benefiting their trading positions but harming countless consumers and investors around the world. Separately, the Federal Reserve said on Wednesday, six banks would pay a total of $1.8 billion in fines for “unsafe and unsound practices” in the FX market. Continue reading “Article: Four Banks Plead Guilty To Foreign Exchange Collusion, UBS Pleads Guilty To Wire Fraud”

Article: JP Morgan agrees to pay $100 million to settle a Currency Manipulation Lawsuit in New York

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JP Morgan agrees to pay $100 million to settle a Currency Manipulation Lawsuit in New York

Giambrone, 25 January 2015

Financial service giant JPMorgan Chase & Co. has reached a $100 million settlement to resolve a U.S. antitrust lawsuit that sought damages for the alleged rigging of foreign currency markets, in which investors accused 12 major banks of rigging prices in the $5 trillion-a-day foreign exchange market in the case of In re: Foreign Exchange Benchmark Rates Antitrust Litigation, U.S. District Court, Southern District of New York, No. 13-07789.

JP Morgan will pay about $100 million and settled the case after mediation with Kenneth Feinberg, an American attorney, specializing in mediation and alternative dispute resolution. Bank of America, Citigroup, HSBC, RBS and UBS also settled with regulators in November for an additional $3.3 billion. Continue reading “Article: JP Morgan agrees to pay $100 million to settle a Currency Manipulation Lawsuit in New York”

Article: Arrested RBS forex trader named as Paul Nash: sources

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Arrested RBS forex trader named as Paul Nash: sources

Jamie McGeever, Kirstin Ridley, 08 January 2015

LONDON (Reuters) – Royal Bank of Scotland currency trader Paul Nash has become the first individual arrested in connection with a global inquiry into alleged manipulation in the foreign exchange market, sources familiar with the matter said on Thursday.

Nash, who was suspended by RBS in 2013, was named by the sources as the man arrested in Billericay, southeast England, on Dec. 19. One of the sources said his arrest came only days before he emigrated to Canada.

Nash emigrated to Canada on Christmas Day and has rented out his family home, the source said. His arrest was not by appointment, as is typical in such cases, but was an “arrest and raid”, the source added.

Nash, who has not been charged with any offense, appeared at Westminster Magistrates’ Court on Dec. 23 over variations to his bail conditions, a court official confirmed. These included that he would reside at a specified address in British Columbia.

Britain’s Serious Fraud Office (SFO) said only that a 48-year-old man had appeared at the London court on Dec. 23 in connection with a global investigation into allegations of manipulation in the $5.3 trillion-a-day forex market.

The increasingly aggressive agency, which is preparing for the trials this year of individuals alleged to have manipulated global benchmark interest rates, said last July that it might file the first charges in the high-profile inquiry this year.

About 30 forex traders have been put on leave, suspended or fired as prosecutors and regulators continue to examine allegations of wrongdoing in the world’s largest market.

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Article: JP Morgan Agrees New Settlement for FX Manipulation

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JP Morgan Agrees New Settlement for FX Manipulation

Profit & Loss, 7 January 2015

JP Morgan has agreed a settlement, believed to be worth $100 million, in an antitrust litigation lawsuit brought against 12 major banks for alleged manipulation of the FX market.

The bank submitted a letter to judge Lorna Scholfield of the Court of the Southern District of New York, stating that it had reached a settlement agreement with the plaintiffs in this litigation and that is planning to file a copy of the settlement terms with the court for approval by the end of January.

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