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In every country with legislation on market abuse, i.e. on market manipulation and insider trading, the repression of these offences is entrusted to supervisory and judicial authorities with powers that vary with the legislation in question. A procedure permitting cases of market abuse to be detected in real time is a need that is strongly felt by financial market supervisory authorities. Such a procedure consists basically in the analysis of the transactions carried out on the market by traders in order to detect anomalies that could be symptomatic of market abuse. The aim of this paper is to develop, through recourse to probability theory, a method for identifying cases of market abuse more effectively.
Author : Barry Alexander K. Rider Publisher : Bloomsbury Professional Page : 328 pages File Size : 40,71 MB Release : 2009 Category : Business & Economics ISBN :
Completely revised and restructured, the second edition of Market Abuse and Insider Trading defines the nature of insider trading in the UK, examining the crimes of market abuse and insider dealing as well as other fraud-related offenses, focusing on the responsibilities of those engaged in compliance, as well as those who fall within the scope of prohibitions. New chapters include the UK's Financial Services Authority investigations, anti-money laundering law and compliance, as well as new material covering disclosure and reporting of transactions and suspicions, and general Islamic finance aspects.
This book explores how the globalization of securities markets has affected market manipulation and insider trading. It delves into the responses of securities regulators, discussing new regulations designed to deter such misconduct, as well as they ways in which detection, investigation and prosecution techniques are adapting to tackle insider trading and market manipulation that crosses international boundaries.
Economic theory indicates that financial markets play a prominent role to the efficient allocation of resources in the modern world. Financial markets can fulfil this role if they enjoy the confidence of investors and are free of abuse. The financial frauds associated with the collapse of Enron and the major crises in world leading corporations such as WorldCom, Adelphia, Tyco, and the 'Wall Street financial scandals' have shown that fraud, manipulation, and insider dealing retain a catastrophic presence in modern financial markets. Proper deterrence of market abuse is necessary not only for the effective operation of modern financial markets, but also for regaining investor confidence. This book analyses the mechanics and regulation of two of the most harmful market practices in the modern financial world: insider dealing and market manipulation, which together comprise the offence of market abuse. Avgouleas examines the UK and EC regimes from an interdisciplinary perspective, also making extensive and critical use of US case law. He emphasizes the economic analysis of anti-fraud manipulation regulations and their effects upon market welfare and explores the possible deterrent benefits of civil law remedies.
Securities regulators protect the integrity of capital markets by detecting, investigating and then prosecuting, insider trading and market manipulation, known collectively as market abuse. The main method of detection of market abuse is surveillance of markets by software designed to identify unusual trading. Such market surveillance is undertaken by trading venues, self-regulatory organizations, and securities regulators. Two other important methods used to detect market abuse are suspicious transaction reports made to regulators by financial intermediaries and voluntary reports to regulators by the public of possible market abuse.This article describes the main methods of detection of market abuse in five jurisdictions which comprise over 50 per cent of the world's securities markets, namely the USA, Canada, Germany, the UK, and Australia. Furthermore, given the growing internationalization of securities markets, there exists the possibility that many market abuse offences will not be confined to one country and may span two or more jurisdictions. As such regulatory bodies must increasingly work together to exchange information to detect market abuse. This article also examines how such information is exchanged, the challenges in exchanging such information and suggests ways in which this could be improved. In particular, more investment is needed in market surveillance systems to improve both the detection of market abuse and to enable securities regulators to swiftly determine the cause of any market disruption. This will in turn facilitate a more targeted regulatory response to ensure that such a disruption is not repeated.
This book provides a concise comparison of the regulation and enforcement of the anti-market abuse laws (insider trading and market manipulation) in South Africa, the United States of America (USA) and United Kingdom (UK). Bringing together a number of previously published articles, the book provides a novel discussion of the challenges associated with the enforcement of market abuse laws in both developing countries such as South Africa and developed ones such as the USA and the UK. This is primarily done to examine and expose the current strengths and weaknesses of market abuse laws in relation to certain aspects of the corporate, securities and financial markets environments in South Africa, the USA and the UK. Accordingly, chapters two to five of the book unpack the regulation and enforcement of market abuse laws in South Africa and the USA in a comparative perspective. Thereafter, chapters six to eight of the book discuss the regulation and enforcement of market abuse laws (Financial Markets Act 19 of 2012) and other related statutes in South Africa and the UK. The book proposes some measures that could be utilised to enhance the enforcement of anti-market laws in South Africa, USA and the UK. New market abuse-related challenges that occurred during the global financial crisis are also briefly discussed. The book further provides a relatively adequate overview of the comparative analysis of the regulation of market abuse in South Africa versus two key developed and respected jurisdictions, namely, the USA and the UK. Accordingly, it is hoped that the book can aid regulatory authorities, financial market participants, academics, students and other interested readers to understand market abuse offences and possible measures that could be employed to combat such offences.
Market manipulation comes in many forms. For a wrong that some say started life with groups of men dressed in Bourbon uniforms spreading false information in cod French accents, the speed of change has accelerated dramatically in the modern era, via the Internet, novel forms of electronic communication, ultra-fast computer-generated trading, new types of financial instruments, and increased globalisation. This means that opportunities for carrying-out new forms of manipulation now exist on an exponential scale. Looks at the mechanisms, criminal and civil, to confront market manipulation, its enforcement regimes, legal and evidential rules and potential loopholes. Shows how every individual involved in market transactions can fall foul of the law if they do not ensure integrity in their dealings. The ‘tricks’ used by those seeking to benefit from this special category of fraud and the relationship of dedicated provisions to the general law is outlined, with key statutory provisions set out in an appendix. A valuable accompaniment to The Little Book of Insider Dealing (Waterside Press, 2018). An invaluable pocket guide and law primer. An essential guide for investors. With practical examples and decided cases. An up-to-date treatment of a fast-moving topic. Describes both criminal and regulatory regimes. Contents include Forms of Market Manipulation; Suspicion, Identification, Detection and Investigation; Obligations and Enforcement; Criminal Offences, Defences and Punishment; Regulatory Provisions and Penalties; Evidence; Acronyms; Select Bibliography; Key Statutory Provisions and Index.
Grace Kelly and Ray Milland star in Alfred Hitchcock's classic thriller adapted from the play by Frederick Knott. Former tennis pro Tony Wendice (Milland) hatches a cunning plot to get rid of his socialite wife, Margot (Kelly), when he discovers that she has been having an affair with author Mark Halliday (Robert Cummings). Wendice blackmails a corrupt former schoolmate into murdering her, but the man bungles the job, and Margot, having killed her would-be assailant in self-defence, then finds herself under suspicion of premeditated murder...
This new title is concerned with the interplay between the Financial Services Authority's ('FSA') statutory powers to impose administrative law sanctions on persons that have engaged in abuse in the financial markets and the statutory system of Tribunal accountability provided by the Financial Services and Markets Act 2000 ('the Act'). It provides a thorough analysis and assessment of both the law of market abuse and the operation of the Financial Services and Markets Tribunal ('FSMT') and the Upper Tribunal (Tax and Chancery) ('UT') following the implementation of the Tribunal, Courts and Enforcement Act 2007 in April 2010 when as part of an improved and unified system of statutory Tribunals the functions of the FSMT were transferred to the UT. This book captures the resulting changes to the Tribunal's governance and rules of procedure. It sets out to question whether the Tribunal has effectively held the FSA's enforcement decision making to account and whether its individual case decision making has provided a wider contribution to the law on market abuse. Includes: An historical analysis of the law concerning market manipulation and insider dealing regulation; Explores the relationship between the statutory definitions of behaviour constituting market abuse and the source of the FSA's enforcement powers together with those policy issues that shape how such powers are deployed; A general analysis of concepts of accountability allowing an appreciation of the framework of accountability within the Act as well as the benefits and deficiencies of accountability provided by the Courts when compared to those provided by a specialist Tribunal.
Author : Lawrence R. Klein Publisher : John Wiley & Sons Page : 403 pages File Size : 32,37 MB Release : 2012-04-25 Category : Business & Economics ISBN : 1118236866
A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of market manipulation that lead to mania and eventual crisis. Based on litigation cases from international stock markets, and borrowing multidisciplinary findings in the fields of finance, economics, accounting, media studies, criminology, legal studies, psychology, and medicine, this book is the first to provide thorough micro-level regulatory proposals rooted in financial reality. By focusing on securities trading, they apply antitrust measures to limiting monopolistic power that is used for the manipulation of investors' perception and monopolistic profit. These proposals are quantifiable, adjustable, inexpensive, and can be easily implemented by any securities regulating agency for real-time oversight and daily operations. The recommendations found here are intended to improve the fairness and transparency of the financial markets, thereby perfecting the market competition, protecting investors, stabilizing the market, and preventing crises Explores how avoiding crises can to contribute to a more scientific, health aware, and civilized economic and social development Written by a team of authors who have extensive experience in this dynamic field, including Nobel Laureate Lawrence R. Klein Since the founding of the first, organized stock exchange in Amsterdam 400 years ago, no systematic economic research results on stock markets have been implemented in stock market regulation around the world. Regulating Competition in Stock Markets aims to fill this void.