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Page 17 - 期貨和衍生品行業監管動態(2024年9月刊)
P. 17

期貨和衍生品行業監管動態




                        In March 2018, TOTSA attempted to manipulate this market for EBOB-linked

                   futures by selling physical EBOB in the Argus brokered market at prices below what

                   buyers indicated they would pay.    During this month, TOTSA sold more physical

                   EBOB than it had sold in any other previous month.       TOTSA’s sales constituted

                   more than 60% of the volume transacted by all brokered market participants.

                   TOTSA’s transactions were reported to Argus, and incorporated into the Argus EBOB

                   Benchmark. In tandem with these sales of physical EBOB, TOTSA maintained a large

                   short position in March-settled EBOB-linked futures which, because it was a short

                   position, would increase in value if the reported price of EBOB declined.


                        In an attempt to benefit its EBOB-linked short futures position, TOTSA not only

                   blended and sold large quantities of physical EBOB, but also attempted to sell

                   physical EBOB at prices that were lower than what buyers indicated they were willing

                   to pay. On multiple occasions in March 2018, TOTSA traders maintained an offer to

                   sell EBOB for a price that was lower than another market participant’s indicative bid.

                   Essentially, TOTSA’s traders were willing to accept less revenue from the company’s

                   sales of physical EBOB, in an attempt to depress the reported price of EBOB, and

                   increase TOTSA’s overall trading profits (by boosting the value of the company’s

                   EBOB-linked     short  position).  This  conduct    constituted  attempted   market


                   manipulation in violation of Section 6(c)(1) of the CEA and CFTC Regulation

                   180.1(a)(1).


                        In accepting TOTSA’s Offer of Settlement, the CFTC recognizes that TOTSA

                   provided some cooperation during the Division of Enforcement’s (DOE) investigation

                   of this matter. However, TOTSA did not timely produce certain WhatsApp

                   communications DOE requested or adequately preserve these communications

                   following DOE’s request, with the result that potentially relevant evidence was

                   unavailable to DOE.


                   https://www.cftc.gov/PressRoom/PressReleases/8953-24




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