Morgan Stanley (MS) Pays $5M to Settle Case Involving 'Fictitious Sales'
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The US Commodity Futures Trading Commission ordered Morgan Stanley & Co. (NYSE: MS) to pay a $5 million civil penalty to settle charges for unlawful noncompetitive trades referred to as “fictitious sales.”
Over an 18-month period, Morgan Stanley reported numerous off-exchange futures trades to the CME (NYSE: CME) and CBOT as exchanges for related positions (EFRPs). Because the trades were executed non-competitively and not in accordance with exchange rules governing EFRPs, Morgan Stanley constituted “fictitious sales” which resulted in the reporting of non-bonafide prices, in violation of the CEA and CFTC regulations.
Over an 18-month period, Morgan Stanley reported numerous off-exchange futures trades to the CME (NYSE: CME) and CBOT as exchanges for related positions (EFRPs). Because the trades were executed non-competitively and not in accordance with exchange rules governing EFRPs, Morgan Stanley constituted “fictitious sales” which resulted in the reporting of non-bonafide prices, in violation of the CEA and CFTC regulations.
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