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TECH TUESDAY: MONITORING FOR MANIPULATIVE TRADING COMES TO THE FORE
By
Editorial Staff
-
February 28, 2023
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TECH TUESDAY is a weekly content series covering all aspects of capital markets
technology. TECH TUESDAY is produced in collaboration with Nasdaq.
With market regulators more active on both sides of the Atlantic, market
participants face a higher bar for compliance across an array of activities,
prominently including monitoring and surveillance of their own trading.
The U.S. Securities and Exchange Commission (SEC) has been flexing its muscles
under chair, Gary Gensler, with dozens of rule-change proposals, as well as a
meaningful step-up in enforcement actions. In the U.K., 2022 was an
“unprecedented” year for the Financial Conduct Authority (FCA), as it took
“extensive action in advancing a number of regulatory initiatives,” according to
Gibson Dunn.
Underscoring the heightened importance of firms ensuring the integrity of their
trading, the Financial Industry Regulatory Authority (FINRA), for the first
time, included a section on manipulative trading in its annual report aimed at
helping broker-dealer members strengthen their compliance programs. The 2023
Report on FINRA’s Examination and Risk Monitoring Program ”addresses topics that
remain perennially important, with updates to reflect evolving risks, industry
trends and findings from FINRA’s recent oversight activities,” Greg Ruppert,
EVP, Member Supervision at FINRA, said in a release last month. “This year, we
have also increased the breadth of the report’s coverage by adding several new
topics focused on insights originating in our market surveillance activities.”
Regulators have noted that effective trade surveillance entails the right
technology systems in place, as well as the processes and protocols that make
the best use of that technology.
FINRA, an industry group that works under the supervision of the SEC,
highlighted eight considerations for market participants to consider in
assessing their trade surveillance. These include determining whether systems
monitor for patterns of suspicious order entries, trades that don’t make
economic sense and red flags of potential coordination among customers;
determining thresholds for surveillance controls; ensuring that supervisory
procedures are adequate; ensuring that policies and procedures adjust to changes
in the firm’s business model and to new customers; and proper testing of and
change documentation for surveillance systems.
The report presented a trio of areas that can trip up firms: inadequate written
supervisory procedures, non-specific surveillance thresholds and surveillance
deficiencies. That’s followed by a half-dozen effective practices, leading with
“Maintaining and reviewing customer and proprietary data to detect manipulative
trading schemes (e.g., momentum ignition, layering, front running, trading
ahead, spoofing, wash sales, prearranged trading), including those that involve
correlated securities, such as stocks, exchange-traded products (ETPs) and
options.”
Market operators and technology providers, who partner with broker-dealers for
their surveillance and monitoring, have taken notice of the increasing emphasis
on getting this function right. Financial services firms were projected to spend
$1.8 billion on surveillance last year, up 20% from 2021, Coalition Greenwich
said in a November 2022 report.
“This release from FINRA is yet another example of a regulator providing more
focused guidance on trading risks and how firms can better mitigate them,”
Nasdaq said in a recently published paper. “It is more essential than ever that
compliance practitioners are paying close attention to the processes supporting
their surveillance technology stack to more effectively monitor for market abuse
and meet regulatory expectations.”
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