Question

Difficulty: MediumProhibited Market Manipulation and Fraudulent Practices

A registered representative enters a series of buy orders for a thinly traded equity security during the final minutes of the trading day to artificially inflate its reported closing price. Which of the following correctly identifies this prohibited activity and its regulatory classification?

  1. Marking the close, which is a prohibited market manipulation tactic intended to alter a security's published closing value.Answer
  2. B
    Spoofing, because the representative executed trades near the end of the day without changing beneficial ownership.
  3. C
    Marking the close, which is a federal crime investigated and criminally prosecuted directly by FINRA as a government enforcement agency.
  4. D
    Front-running, which occurs when a broker-dealer acts as a principal dealer instead of an agent for customer accounts.

Answer

The prohibited activity is marking the close, an illegal market manipulation tactic designed to artificially influence a security's closing price.
The option identifying the activity as marking the close correctly describes the practice of entering orders near the close of trading to artificially affect the security's closing price. This is a clear violation of FINRA rules and federal securities laws against market manipulation.

Step-by-Step Solution

1
Analyze the trader's intent and timing
The trades were deliberately timed at the market close to artificially push up the closing price.
Timing orders at the end of the trading day to influence official closing prices defines the prohibited practice of marking the close.
2
Differentiate marking the close from other prohibited practices
Spoofing involves non-bona fide quotes intended for cancellation, while wash trading involves no change in beneficial ownership.
Distinguishing between specific market manipulation techniques ensures proper regulatory classification.
3
Identify regulatory authority roles
FINRA operates as a self-regulatory organization (SRO) overseeing member firms under SEC oversight, but criminal prosecution is handled by government authorities (e.g., Department of Justice).
Understanding SRO authority prevents misattributing criminal law enforcement powers to FINRA.

Key Concept

Marking the Close and Regulatory Boundaries
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