Question

Difficulty: MediumProhibited Market Manipulation and Fraudulent Practices

A compliance analyst at a registered broker-dealer is conducting trade surveillance to identify unlawful trading schemes across firm accounts. Which of the following activities represent prohibited market manipulation or regulatory violations?

  1. Entering non-bona fide buy or sell orders with the intent to cancel them before execution to artificially manipulate market price and order book depth.Answer
  2. Executing offsetting buy and sell transactions in a security within accounts under common ownership where no change in beneficial ownership occurs.Answer
  3. C
    Executing a customer order in an agency capacity and charging a fair, fully disclosed commission.
  4. D
    Initiating independent criminal prosecution and imposing prison sentences directly through SRO disciplinary proceedings.

Answer

The prohibited market practices are placing non-bona fide orders intended for cancellation (spoofing) and executing transactions without a change in beneficial ownership (wash trading).
Spoofing (submitting non-bona fide orders to manipulate price/depth) and wash trading (simultaneous offsetting orders without beneficial ownership change) violate federal securities laws by creating deceptive market signals.

Step-by-Step Solution

1
Analyze each market activity to determine if it manipulates market depth, price, or trading volume.
Identified spoofing (non-bona fide orders) and wash trading (no change in beneficial ownership) as fraudulent manipulative practices.
Both practices intentionally mislead the public regarding genuine market interest and volume.
2
Evaluate standard broker-dealer agency functions and SRO jurisdictional limits.
Determined that executing customer trades for a commission is standard business, while SROs do not possess criminal law enforcement authority.
Brokerage commission trading is authorized by securities rules, and SRO authority is limited to civil and administrative enforcement.

Key Concept

Prohibited Market Manipulation and Fraudulent Practices
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