Question

Difficulty: MediumProhibited Market Manipulation and Fraudulent Practices

A compliance officer at a FINRA member firm is auditing market activities and trading practices conducted by several associated persons. The audit reveals the following separate actions:

1. A day trader enters large buy orders well above the current bid with the explicit intent to cancel them immediately after smaller retail traders raise their bids.
2. A market maker refuses to execute a trade at its published firm quote size when presented with an order from another broker-dealer.
3. A registered representative executes a personal buy order for the same equity security immediately prior to entering a client's large institutional buy block order.
4. FINRA enforcement staff initiates criminal prosecution proceedings in federal district court against an unregistered individual accused of price manipulation.

Which of these observed activities or regulatory assertions represent actual violations of FINRA or SEC rules regarding market manipulation, trading conduct, or regulatory authority? (Select ALL that apply.)

  1. Entering non-bona fide orders with the intention of canceling them prior to execution to artificially influence market prices (spoofing) is a prohibited manipulative practice.Answer
  2. Failing to honor a published firm quote up to the displayed size when an order is presented (backing away) constitutes a violation of FINRA market conduct rules.Answer
  3. Trading for a personal or firm account ahead of a pending customer block order in the same security (front running) is an improper market practice.Answer
  4. D
    FINRA maintains direct federal statutory authority to independently file criminal charges and prosecute individuals in criminal court for market fraud.

Answer

The correct selections state that spoofing (entering and canceling non-bona fide orders to manipulate prices), backing away (failing to honor a displayed firm quote), and front running (trading ahead of a customer block order) are all prohibited market violations under SEC and FINRA rules.
Spoofing, backing away, and front running are explicit violations of FINRA trading rules and SEC anti-manipulation provisions. Spoofing manipulates order depth; backing away dishonors firm quotes; front running misuses confidential order flow data.

Step-by-Step Solution

1
Analyze action 1 regarding spoofing.
Entering orders without intending to execute them to manipulate bids/asks is illegal spoofing under SEC and FINRA anti-manipulation rules.
Market integrity requires all displayed quotes to be bona fide intentions to trade.
2
Analyze action 2 regarding backing away.
Failing to execute an order against a published firm quote is the prohibited practice of backing away.
Market makers must maintain firm quotes to preserve fair and orderly market structure.
3
Analyze action 3 regarding front running.
Executing a trade ahead of an unexecuted customer block order is front running.
Taking advantage of material nonpublic order information for personal or firm profit violates ethical and trading conduct rules.
4
Evaluate action 4 regarding SRO jurisdiction.
FINRA cannot bring criminal charges; it must refer criminal matters to government agencies like the DOJ.
SROs possess civil administrative jurisdiction over member firms and associated persons, not criminal prosecution powers.

Key Concept

Prohibited Market Manipulation and SRO Jurisdiction Limits
Estimated Time:1m 15s
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