• Daily News Headlines – 12 Jun 2020

    SFC publicly censures Fu Kwan for breach of the Takeovers Code

    SFC Enforcement News, 11 Jun 2020

    The Securities and Futures Commission (SFC) has publicly censured Fu Kwan, the chairman of Macrolink Capital Holdings Limited, for acquiring the company’s shares within six months after the close of an offer at prices above the offer price in breach of Rule 31.3 of the Code on Takeovers and Mergers (Takeovers Code).

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    ESMA Responds to European Commission Consultation on Revision of NFRD

    ESMA News, 11 Jun 2020

    The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has submitted a response to the European Commission’s (EC) consultation on a revision of the Non-Financial Reporting Directive (NFRD). The response recommends standardising disclosure requirements, widening the range of companies required to report and ensuring consistency between legislative initiatives on sustainable finance.

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    ESMA Renews its Decision Requiring Net Short Position Holders to Report Positions of 0.1% and Above

    ESMA News, 11 Jun 2020

    ESMA considers that its renewed measure will maintain the ability of NCAs to deal with any threats to market integrity, orderly functioning of markets and financial stability at an early stage, allowing them and ESMA to timely address such threats in case of signs of market stress.

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    Open access regime for the trading and clearing of exchange-traded derivatives

    FCA News, 11 Jun 2020

    From 4 July 2020 trading venues and central counterparties (CCPs) offering the trading and clearing of exchange-traded derivatives will be subject to the Markets in Financial Instruments Regulation (MiFIR) open access regime as set out in articles 35 and 36 of that Regulation. Under those provisions, trading venues and CCPs may only deny access where the operational risk and complexity arising from granting access would cause undue risk. The specific factors trading venues and CCPs should consider when evaluating access requests are set out in Commission Delegated Regulation 2017/587.

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    SEC Charges Microcap Fraud Scheme Participants Attempting to Capitalize on the COVID-19 Pandemic

    SEC News, 11 Jun 2020

    The Securities and Exchange Commission has filed an emergency action and obtained an asset freeze against five individuals and six offshore entities for an alleged fraudulent scheme that generated more than $25 million from illegal sales of multiple microcap companies’ stock, including four that were the subject of recent SEC trading suspension orders: Sandy Steele Unlimited Inc., WOD Retail Solutions Inc., Bioscience Neutraceuticals, Inc., and Rivex Technology Corp.

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    Federal Court Orders Trading Advisor to Pay $890,000 for Defrauding Church and Community Members in Forex Scheme

    CFTC News, 11 Jun 2020

    The Commodity Futures Trading Commission today announced that the U.S. District Court for the Southern District of New York entered a consent order for permanent injunction and other equitable relief against defendant Brett G. Hartshorn of Sarasota, Florida, finding, among other things, that he fraudulently solicited at least 13 individuals to trade off-exchange foreign currency derivatives (“forex”) and misappropriated funds of at least two of those clients.  The order requires that he pay restitution of $890,000 and imposes permanent trading and registration bans.

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    CFTC Charges Unregistered Commodity Pool Operator and Its Chief Executive Officer with Solicitation Fraud and Misappropriation

    CFTC News, 11 Jun 2020

    The Commodity Futures Trading Commission today filed a civil enforcement action in the U.S. District Court for the Eastern District of New York against defendants Craig L. Clavin and his company Lighthouse Futures, Ltd., both of New York. The complaint charges the defendants with fraudulent solicitation of commodity pool participants, misappropriation of pool funds, commingling pool funds with other funds, and failing to register with the CFTC as a commodity pool operator, as required.

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    CFTC Charges Companies and Individual with Forex Fraud and Registration Violations

    CFTC News, 11 Jun 2020

    The complaint charges all three defendants with sales solicitation fraud and failing to register with the CFTC. The complaint alleges that from at least July 2018 to March 2019, the defendants fraudulently solicited customers to open discretionary trading accounts and offered to trade those accounts through a fully automated retail foreign currency (forex) trading software system that Mayer created.

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    CFTC Charges Forex Trading Firm and Its Principal with Fraud and Misappropriation

    CFTC News, 11 Jun 2020

    The complaint charges that the defendants solicited at least $2.1 million from at least 21 individuals to fund their foreign currency (forex) commodity pool operation. Despite assurances that depositors could not lose more than 20% of the funds they deposited, the defendants lost over $1 million trading forex and misappropriated at least $415,000 more to spend on Hass’s mortgage, credit card debt, and a Caribbean cruise.

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    Westpac says regulator may include more allegations in money-laundering case

    Business Times, 12 Jun 2020

    Australia's Westpac Banking Corp on Friday said it was notified by the financial crime watchdog that it may include additional allegations of wrongdoing in its case against the lender for breaching anti-money laundering laws.

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