Financial Regulation14 Nov 2017 21:04
As someone who has been develooing global trade surveillance systems and who works within the compliance world, I understand the regulatory environment probably better than most who post on this board.
We have seen a plethora of new regulations including Market Abuse Regulation (June 2016), Dodd Frank, European Market Infrastructure Regulation, Senior Manager Certification Regime and Markets in Financial Instruments Directive II which is due to go live in Jan 2018.
All the above regulations are aimed at market integrity and transparency and have been introduced following financial crisis in 2008.
The exchanges provide not all a regulated trading venue for market participants however they provide the first line of market surveillance with direct supervisory responsibilities to ensure integrity of the markets.
In addition national competant regulators such as the FCA, CFTC, ESMA, AMF have been provided with significant enforcement powers for market violations including civil and criminal sanctions. Market violations such as spoofing, layering, front running, wash trades, market cornering, marking the close, pre-arranged trading etc is actively monitored by regulators through its own automated surveillance systems which trigger alerts where such behaviours identified. In addition whistleblowing regulation means that the number of cases under investigation have increased signficantly. Since the Market Abuse Regulation went live in June 2016 the number if suspicious transaction order reports have increased by 70% compared to the previous year.
The first high profile spoofing case under Dodd Frank is the Panther Case with criminal conviction of Michael Cosia, an oil trader based in London trading on the CME. Michael was convicted for 3 years by the US Department of Justice and had civil penalties including disgorgement of profits in total of £5M including the FCA, CFTC and CME and life time ban from trading. Tom Hayes, the former Cito Trader was convicted for 10 years for rigging the LIBOR markets. With many organisations that I work with investing heavily in compliance functions and surveillance systems I do not believe the markets are rigged in the way it's often described on this board. Since the financial crisis in 2008 some $500 billion of penalties have been incurred by investment firms for conduct risks violations. The penalties have been increasing exponentially year on year. In summary regulators including exchanges have the enforcement powers, resources and systems to stamp out market manipulation and insider trading. I don't believe the gold markets are rigged to the extent that it has been described on the board here.