Spoofing ctd..12 Aug 2019 08:16
Spoofing and layering are both illegal and have resulted in criminal convictions in the past. As an example, layering led to the 2010 "flash crash" when the Dow Jones Industrial Average fell 600 points in five minutes; the perpetrator was found guilty of fraud.
6 August trading following the Muddy Waters tweet
On 6 August, in the several hours following the 13:30 release of the Muddy Waters tweet about a forthcoming short attack, almost £90 million of sell orders were placed and cancelled without being filled - for a stock whose average trading volume for an entire day was less than one-fifth that amount. As discussed above, that trading conduct is consistent with illegal market manipulation. Moreover, during five one-minute periods on 6 August (14:17, 14:30, 14:35, 14:43, 14:45), Burford's shares fell 6%, or over £170 million in value, some of its sharpest declines of the day. During these periods, executed sell orders totaled a mere £186,000. That mismatch between price movement and executed orders is consistent with market manipulation. To show the impact we believe this behavior had on Burford's shares, compare five other minutes of trading on 6 August with more significant levels of actually executed orders: during the one-minute periods of 14:07, 14:59, 15:14, 15:15 and 15:43, executed orders totaled £1.5 million - eight times as much as the periods identified above - and the price of Burford's shares rose by nearly 2% during those five one-minute periods.
7 August trading around and following the Muddy Waters report
On 7 August, a day on which over 28 million Burford shares traded, Burford's share price suffered its greatest declines over just ten single minute periods with very low volumes of executed sales and very high volumes of cancelled sales orders. Indeed, Burford's share price declined by a full 60% over those 10 one-minute periods even though only 739,724 shares were actually traded - around 0.3% of Burford's shares.
The following table shows the ten one-minute periods during which the price of Burford's shares fell the most on 7 August, as well as the number of sell orders2 created, cancelled and executed.
[Table not reproduced]
These ten minutes collectively reflect a 60% decline in the price of Burford's shares. Yet it is striking how few shares were actually sold over these windows.
For example, at 08:53, the minute which saw a 7.6% price decline, there were only 27,885 shares actually sold - less than 10% of the number of shares underlying the orders created, 291,364. It strains credulity to believe that a decline on the order of hundreds of millions of pounds in market capitalization was driven solely by actual trading amounting to a few hundred thousand pounds absent market manipulation.
To see why in our view it is unreasonable to conclude that the decline in Burford's share price was driven by actual sales of shares, simply compare 08:53, when 27,885 shares were sold and the share price