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Upper Tribunal Tax and Chancery Chamber
UT (Tax & Chancery) UT-2022-000134 UT-2022-000135 UT-2022-000137 - [2025] UKUT 00214 (TCC)
Fecha: 31-Ene-2025
Step 5
Step 5
No settlement agreement has been reached, and Step 5 is therefore £57,641.
The Tribunal determines that it will be appropriate for the Authority to impose a financial penalty of £57,600 (rounding down to the nearest £100) on Mr Sheth.
Disposition
The non-disciplinary references are dismissed. Our decision is unanimous.
- 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