![UT (Tax & Chancery) UT-2022-000134 UT-2022-000135 UT-2022-000137 - [2025] UKUT 00214 (TCC)](https://backend.juristeca.com/files/emisores/logo_ICfrj4g.png){kind=logo}
UT (Tax & Chancery) UT-2022-000134 UT-2022-000135 UT-2022-000137 - [2025] UKUT 00214 (TCC)
Fecha: 31-Ene-2025
Other Overlapping Small Orders
Other Overlapping Small Orders
Having considered the details of the remaining orders identified by Mr Kasapis in other Instances and looked at the timing at which they were placed, distance from the touch during the Instance and subsequent actions of the Trader who placed the relevant order, we agree with the Authority that the remaining Overlapping Small Orders can be described as not illuminating on the basis that they were legacy orders or not a priority and were unlikely to trade (irrespective of any impact of the Large Order).
This conclusion can be illustrated by the following Instances:
F32 at 18.11.59.427 on 10 June 2016 - Mr Urra placed a Small Order to sell nine lots for 141.94, a Large Order to buy 450 lots, the Small Order traded, he amended the price of the Large Order and then cancelled the Large Order. The Large Order was placed at 18.12.07.402 for a price of 141.91. The Overlapping Small Order is visible on the stack at that time. This order was put to Mr Creaturo by Mr George in cross-examination, who had said it is irrelevant as it is about ten ticks away from the touch. (We count that it was 13 ticks away.) The order was an order to buy five lots and had been placed by Mr Lopez at 17.53.19.213. He had amended the order at 18.07.and the order was then cancelled at 18.14.54.
F47 at 10.55.35.870 on 15 June 2016 - This was not identified by Mr Kasapis, but this was a Specified Instance and the Overlapping Small Order was visible in the Replay graph. (It is the only Instance to which we refer which was not on Mr Kasapis’s list.) At the time Mr Urra placed his Large Orders, there was an Overlapping Small Order on the stack. We do not know which Trader placed this order, and it is 16 ticks away from the touch but had a visible size of around 30 lots.
F53 at 16.38.46.120 and F54 at 16.42.28.541 on 15 June 2016 - Mr Urra placed a Small Order to sell ten lots and a Large Order to buy 400 lots. At the time the Large Order was placed, as well as the Small Order on the stack, there was another MHI sell-side order with a visible size of about 20 lots that was 13 ticks from the touch at 140.83. In addition, there was an Overlapping Small Order which was an order to buy ten lots which had been placed by Mr Sheth at 16.21.52. These orders were both visible on the stack in F54, which also involved a Small Order to sell ten lots and a Large Order to buy 400 lots being placed by Mr Urra. Mr Sheth cancelled the Overlapping Small Order at 16.55.39.
F166 at 17.10.59.129 on 28 June 2016 - Mr Sheth placed a Small Order to sell 30 lots and two Large Orders to buy 500 lots. There was an Overlapping Small Order on the buy-side for 141.46. It had been placed by Mr Sheth at 16.58.10 and was an order to buy ten lots. It was 15 ticks from the touch at the time the Large Order is placed. He cancelled it at 17.24.03.
F168, F169 and F170 from 9.17.18.332 to 9.28.19.828 on 29 June 2016 - These Instances were close in time and involve all three Traders at different points. All of the Large Orders in these Instances were on the buy-side:
In F168 Mr Sheth placed a Small Order to sell 12 lots and a Large Order to buy 500 lots, and Mr Lopez placed a Large Order to buy 200 lots.
In F169 Mr Sheth placed a Small Order to sell 23 lots and a Large Order to buy 500 lots.
In F170 Mr Urra placed a Small Order to sell 19 lots, then a Large Order to buy 444 lots which he then cancelled (before the Small Order had traded). Mr Sheth placed a Small Order to sell five lots, then a Large Order to buy 500 lots, after which Mr Urra placed a second Large Order to buy 444 lots. Mr Lopez had placed an Overlapping Small Order to buy one lot at 9.10.47 for 142.34, which was then amended to 142.3 at 9.11.36. It was at that price during F168 and F169. Mr Lopez cancelled that order during the course of F170. The order had been about 17 ticks from the touch when Mr Urra placed that Large Order (which had been just over 30 seconds before Mr Lopez cancelled the one lot order).
The distance of the Overlapping Small Orders from the touch in these Instances means that we consider that these orders were very unlikely to trade at that price around the time of the Instance (such that they cannot be said to have been prejudiced by the placing of the Large Order).
- Heading
- Introduction and summary
- Decision Notices and Authority’s amended statements of case
- Recklessness
- Traders’ Replies and outline of trading strategies relied upon
- Market Abuse
- Dishonesty
- Role of the Tribunal
- Non-disciplinary references
- Disciplinary references
- Burden and Standard of proof
- Evidence including witnesses who had not been called, information that is no longer available and relevance of delay
- Outline of evidence before the Tribunal
- Pace of Authority’s investigation and particularisation of its case
- Lack of information that would have been available to the Traders during the Relevant Period
- Passage of time, memory and witness evidence
- Potential witnesses who were not called by the Authority
- Authority’s Enforcement Division
- Other traders on the EGB Desk - James Hill and Mehdi Barouti
- Management and Compliance at MHI
- Approach of the Tribunal
- EGBs, market making, BTPs and BTP Futures
- The Traders – roles at MHI and experience
- Mr Urra
- Mr Lopez
- Mr Sheth
- MHI and the EGB Trading Desk
- Risk Management and Limits
- MHI’s EGB Business
- Financial Targets
- Remuneration
- Training
- Monitoring of activity
- Traders’ roles on the EGB Desk and interactions
- Eurex Letter
- Interviews with Compliance
- Investigation by MHI Compliance
- MHI disciplinary process
- Interviews by the Authority
- Traders’ explanations of rationale for the Large Orders
- Information Discovery Strategy – Mr Urra
- Information Discovery Strategy – Mr Sheth
- Anticipatory Hedging Strategy – Mr Lopez
- Trading Activity of the Traders in the Relevant Period
- Illustration of application of Criteria to Trading Activity in Instances
- Mr Urra - F7 at 15.31.06.983 on 7 June 2016
- Mr Lopez - F56 at 17.02.08.899 on 15 June 2016
- Mr Sheth - F55 at 16.55.33.255 on 15 June 2016
- Dates of Instances
- Number and size of Large Orders placed by the Traders in the Instance Pool
- Small Order already trading
- Amendment of price of Large Order after the Small Order filled
- Small orders which overlapped with (and on same side as) Large Orders
- Trading Activity of the Traders outside the Instance Pool
- Non-Instance large orders and Lone Large Orders
- Number of small orders placed
- Trading Activity of other participants in the market
- Market abuse
- Evaluation – Whether Large Orders are likely to impact the market
- Tribunal’s assessment of the Experts
- Mr Kasapis
- Summary of evidence of Mr Creaturo
- Market liquidity
- Liquidity of the cash market
- Comparison of traded volumes of BTP Futures in the Relevant Period with other times and markets
- Other Participant Trade Analysis
- Whether Large Orders may influence other market participants
- Market Trend Analysis
- Bid-Offer Spread Analysis
- Volume skew
- Two very large trades in 2017
- Conclusions on market impact
- Evaluation – Whether traders committed market Abuse
- Criteria used to identify the Instance Pool
- The Trading Strategies – contemporaneous explanations
- During the Relevant Period
- Reactions to the Eurex Letter
- Interviews with Compliance
- MHI Compliance Report
- Disciplinary interviews
- Conclusions
- Mandate
- Information Discovery Strategy – plausibility
- Price discovery
- Splitting of orders by clients
- Likelihood of hedging by other market makers
- Whether placing Large Orders gave information benefit to MHI
- Prospect of a profitable position and risk
- Mandate and the Desk’s aims
- Conclusions on plausibility
- Information Discovery Strategy - operation
- Clients in respect of whom the theory of splitting orders was tested
- RFQ Traded Away
- Times of day
- Lack of documentary record of operation of strategy
- Timing for which Large Orders were live and timing of cancellation
- Placing of new Large Orders shortly after cancellation and switching of sides
- Prospect of a profitable position
- Overlap between the Small Orders and the Large Orders
- Amendment of price of Large Orders
- Reduced use of strategy over the Relevant Period
- Conclusions on the Information Discovery Strategy
- Anticipatory Hedging Strategy – plausibility
- Use of terminology of pre-positioning and anticipatory hedging
- Presentation of evidence by Mr Lopez
- Responsibility for increasing success rate in medium-sized RFQs
- Placing of anticipatory hedges at a beneficial price
- Approach to increasing the hit ratio and winning these RFQs
- 93 RFQs and seeking to win this business
- Directional risk and remaining competitive
- Whether placing of large, uniceberged, orders was less likely to achieve Mr Lopez’s aims
- Anticipatory hedging under the Mandate
- Conclusions on plausibility
- Anticipatory Hedging Strategy – operation by Mr Lopez
- Speculative nature of anticipatory hedge orders
- Timing of placing the Large Orders
- None of the Large Orders traded
- Approach to determination of anticipated buying or selling interest
- Time for which Large Orders were live, amendments to price and cancellation decisions
- Overlap with Small Orders
- Size of the Large Orders
- Conclusions on the Anticipatory Hedging Strategy
- Placing of concurrent Large Orders
- Collaboration
- F30 at 17.39.34.225 and F31 at 17.45.10.137 on 10 June 2016
- F84 at 11.24.53.106 on 20 June 2016
- F174 at 12.58.50.334 on 29 June 2016
- F209 at 10.12.49.319 on 22 July 2016
- Conclusions
- Plausibility of Authority’s case that the Traders conducted an abusive scheme
- Whether the abusive scheme would have worked
- Number and Size of the Small Orders
- Market direction and Small Order already trading
- Pricing of the Small Orders
- Conclusions on facilitation of the trading of the Small Orders
- Abusive scheme would not have benefitted the Traders
- Absence of direct evidence of Traders collaborating to commit market abuse
- Risk of detection
- Authority’s alleged scheme cannot explain all trading activity
- Trading Activity of the Traders in the Relevant Period
- Amendment of price of Large Order in Instance Pool after Small Order filled
- Lone Large Orders
- Lone Large Orders placed by Mr Lopez
- Lone Large Orders placed by Mr Sheth
- Small Orders which overlapped with (and on same side as) Large Orders
- F27 at 10.15.48.236 on 10 June 2016
- F40 at 14.16.34.477 on 13 June 2016
- F48 at 11.01.18.775 on 15 June 2016
- F83 at 11.15.29.662 on 20 June 2016
- F106 at 10.03.19.849 on 22 June 2016
- F181 at 11.14.07.730 on 1 July 2016
- F203 at 12.36.16.793 on 19 July 2016
- F222 at 11.19.50.290 on 27 July 2016
- Overlapping Small Orders that did not overlap with Large Order
- Other Overlapping Small Orders
- Conclusions on the Overlapping Small Orders
- Conclusions on Market Abuse
- Mr Urra
- Mr Sheth
- Mr Lopez
- Prohibition orders
- Penalties
- Step 2: The seriousness of the breach
- Step 3: Mitigating and aggravating factors
- Step 4: Adjustment for deterrence
- Step 5: Settlement discount
- Authority’s determination of the penalties to be imposed
- Assessment of the financial penalty
- Mr Urra
- Step 2
- Step 3
- Step 5
- Mr Lopez
- Mr Sheth
- Step 2
- Step 5
- Directions
- JEANETTE ZAMAN
- The Cash BTP Market “BTP” stands for “ Buoni del Tesoro Poliennali ” (literally multi-year treasury bonds) which are long term bonds issued by the Italian Government. Alongside bonds issued by Spain, Portugal and Greece
- Market making in EGBs is very competitive US legislation known as the “ Volcker Rule ” prohibits banks from engaging in proprietary trading (ie, short-term trading for their own profit) but allows an exception for “market-making-related activ
- RFQs and cash trades
- Hedging and trading BTP futures on EUREX Changes in market interest rates typically affect the price of the bond. In essence, when the market interest rate rises, the price of a bond falls and when the market interest rate falls, the price o
- There are several types of BTP future depending on the notional maturity date of the underlying cash BTP. This case concerns a particular type of BTP future called a “Long-Term Euro-BTP Future” (“ BTP
- MHI and the EGB Desk
- GLOSSARY
- APPENDIX 2 Example data for Trading Instances
- At 15:31:07, Mr Urra placed a sell order of 40 lots as an Iceberg Order, iceberged with a maximum show of 9 lots at a time, at what was the Best Bid (crossing the spread) (the Genuine Order )
- Approximately 11 seconds later (the remaining 22 lots of the Genuine Order still not having traded, and sitting at the Best Offer), at 15:31:18, Mr Urra placed a buy order of 444 lots, 1 tick below th
- Conclusions