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      Page 17 - 期貨和衍生品行業(yè)監(jiān)管動(dòng)態(tài)(2024年9月刊)
      P. 17

      期貨和衍生品行業(yè)監(jiān)管動(dòng)態(tài)
      
      
      
      
                              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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