FCA issues fines in second case of 鈥榮erious鈥� cum-ex trading failings
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FCA issues fines in second case of 鈥榮erious鈥� cum-ex trading failings 12 November 2021UK Reporter: Carmella Haswell
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The UK鈥檚 Financial Conduct Authority (FCA) has fined Sunrise Brokers, an interdealer broker and global derivatives specialist, for 鈥渟erious financial crime control failings鈥� that facilitated fraudulent trading and money laundering related to cum-ex trading that was connected to the Solo Group.
Between February 2015 and November 2015, Sunrise Brokers executed a trade on behalf of a broker client, introduced by the Solo Group, at nearly twice the prevailing market price of the stock. Sunrise then accepted a payment from a United Arab Emirates (UAE)-based entity connected to the Solo Group in respect of outstanding debts owed to them by clients of Solo.
During this period, on behalf of the Solo Group clients, Sunrise Brokers executed purported over-the-counter equity cum-dividend trades to the value of approximately 拢25.4 billion in Danish equities and 拢11.2 billion in Belgian equities, and received commission of 拢466,652 during this time.
The trading appears to have been carried out to allow the arranging of withholding tax reclaims in Denmark and Belgium.
This is the second cum-ex trading case to face the FCA this year, with Sapien Capital being fined 拢178,000 in May for 鈥渟erious financial crime control failings鈥� that also facilitated fraudulent trading and money laundering.
The FCA found that Sunrise Brokers failed to exercise due skill, care and diligence in applying anti-money laundering鈥痯olicies and procedures and failed properly to assess, to monitor and to mitigate the risk of financial crime in relation to clients introduced by the Solo Group and the purported trading.
As Sunrise Brokers agreed to resolve all issues of fact and liability, it qualified for a 30 per cent discount under the FCA鈥檚 executive settlement procedures.
The action taken is part of a range of measures taken in connection with cum-ex dividend arbitrage cases and withholding tax (WHT) schemes. This has involved proactive engagement with EU and global law enforcement authorities.
The FCA鈥檚 investigation into the involvement of UK-based brokers in cum-ex dividend arbitrage schemes is continuing.
Responding to the announcement, Mark Steward, executive director of enforcement and market oversight, says: 鈥淪unrise should not have carried out these鈥痵elf-evidently suspicious trades without proper due diligence. Sunrise鈥檚 failings were significant and this outcome demonstrates we will not tolerate firms鈥� lax controls and that we will work with overseas agencies to ensure London is not viewed as a haven for poor controls and practices.鈥�
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