Question

Difficulty: Very hardProhibited Market Manipulation and Fraudulent Practices

Compliance officers at a registered broker-dealer are auditing order flow across several accounts to identify potential violations of federal securities laws and FINRA conduct rules. Which of the following trading practices represent prohibited market manipulation or fraudulent activity? (Select all that apply)

  1. Entering non-bona fide orders intended to be canceled prior to execution in order to create a false impression of order book depth and drive price movement.Answer
  2. Executing matching buy and sell transactions in a security where there is no effective change in beneficial ownership to artificially inflate reported trading volume.Answer
  3. C
    Selling equity securities to a customer directly from firm inventory while acting as a principal dealer and applying a fair and reasonable markup.
  4. D
    Executing offsetting buy and sell orders across accounts owned by completely separate legal entities to provide liquidity, which constitutes illegal wash trading.

Answer

The prohibited market practices are entering non-bona fide orders to deceive market depth (spoofing) and executing matching buy and sell transactions with no change in beneficial ownership (wash trading).
The practices involving non-bona fide quotes intended for cancellation before execution (spoofing) and prearranged trades that do not change beneficial ownership (wash trading) are both illegal market manipulations designed to create misleading impressions of volume, liquidity, or price movement.

Step-by-Step Solution

1
Analyze spoofing activity
Entering orders with no intention of execution solely to manipulate market depth violates Section 10(b) of the Exchange Act and FINRA Rule 2010.
Non-bona fide orders distort genuine market supply and demand.
2
Analyze wash trading activity
Transactions resulting in no change of beneficial ownership executed to inflate trading volume are fraudulent.
Wash trades create a false picture of market activity and investor interest.
3
Evaluate legitimate market-making dealer activity
Principal transactions executed with fair markups are lawful.
Broker-dealers operating in a principal capacity legitimately fill trades from inventory.
4
Evaluate beneficial ownership changes
Trading between distinct beneficial owners does not meet the legal threshold of a wash trade.
True wash trading requires identical beneficial ownership across the buying and selling accounts.

Key Concept

Prohibited Market Manipulation (Spoofing and Wash Trading)
Estimated Time:2m 0s
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