Market Manipulation

Market manipulation involves artificially influencing security prices or trading volume. These practices are illegal under federal securities laws and FINRA rules.

What is Market Manipulation?

Market manipulation is any conduct designed to deceive investors by artificially affecting the price or volume of a security.

Why It's Prohibited

  • Undermines market integrity
  • Harms innocent investors
  • Destroys confidence in fair markets
  • Creates artificial prices that don't reflect true value

Types of Market Manipulation

Wash Trading

Wash trading involves buying and selling the same security to create the illusion of market activity.

ElementDescription
DefinitionSimultaneously buying and selling the same security
PurposeCreate appearance of active trading
ResultNo change in beneficial ownership
ViolationSecurities Exchange Act, FINRA Rules

Example: A trader sells 1,000 shares to a related account and immediately buys them back, creating artificial volume.

Matched Orders

Matched orders are prearranged trades between parties with no real change in ownership.

  • Orders entered knowing a matching opposite order exists
  • Creates misleading appearance of active trading
  • Often used with wash trades

Painting the Tape

Painting the tape involves executing a series of transactions to create the impression of active trading.

ElementDescription
DefinitionTransactions creating misleading activity appearance
PurposeAttract other investors to trade
Name OriginFrom ticker tape showing trade activity

Note: Painting the tape and matched orders often work together to manipulate prices.

Pump and Dump

Pump and dump schemes artificially inflate a stock's price through false promotion, then sell at the inflated price.

PhaseAction
PumpSpread false positive information to inflate price
DumpSell shares at artificially high prices
ResultInnocent investors left holding devalued stock

Spoofing and Layering

Spoofing involves placing orders with the intent to cancel before execution.

ElementDescription
DefinitionPlacing non-bona fide orders to move prices
IntentCancel before execution
PurposeManipulate other traders' behavior

Layering is a form of spoofing where multiple orders are placed at different price levels:

  1. Place large orders on one side of the market
  2. Execute smaller order on opposite side at better price
  3. Cancel the large orders

Example: Place large sell orders to push price down, buy at lower price, cancel sell orders, price rises.

Front Running

Front running is trading ahead of a customer order to profit from the expected price movement.

ElementDescription
DefinitionTrading ahead of known customer order
WhoBroker-dealer or representative
PurposeProfit from price impact of customer order
ViolationBreach of fiduciary duty

Example: A broker learns a client will buy 100,000 shares. Before executing the client's order, the broker buys shares for their own account, knowing the large order will push the price up.

Marking the Close/Open

Marking the close (or open) involves placing trades near market close (or open) to influence the closing (or opening) price.

TypeDescription
Marking the CloseTrades at end of day to affect closing price
Marking the OpenTrades at start of day to affect opening price

Why it matters: Closing prices are used for:

  • Portfolio valuations
  • Index calculations
  • Options settlement
  • Performance benchmarks

Churning (Excessive Trading)

Churning is excessive trading in a customer's account to generate commissions.

ElementDescription
DefinitionExcessive trading for commission generation
ControlBroker must have control over account
IntentGenerate commissions, not serve customer
HarmCosts eat into customer's returns

Backing Away

Backing away is a market maker's failure to honor a published quote.

ElementDescription
DefinitionRefusing to trade at quoted price and size
WhoMarket makers
RuleMust honor firm quotes

Exception: Quotes can be updated as market conditions change, but must honor quote when order is received at displayed price/size.

Spreading False Information

Market Rumors

Spreading false or misleading information to affect security prices is prohibited:

  • False press releases
  • Misleading social media posts
  • Fabricated research reports
  • Fake news about companies

Scalping

Scalping involves recommending a security while secretly selling it.

Example: An analyst publicly recommends buying a stock while simultaneously selling their own position.

Regulatory Framework

Key Laws and Rules

Rule/LawFocus
Securities Exchange Act Section 9(a)Prohibits manipulation
SEC Rule 10b-5Fraud and manipulation
FINRA Rule 2020Manipulative and deceptive devices
FINRA Rule 2010Standards of commercial honor
FINRA Rule 5210Publication of transactions and quotations

FINRA Surveillance

FINRA monitors for manipulation through:

  • Trade surveillance systems
  • Pattern detection algorithms
  • Cross-market analysis
  • Tips and complaints

Consequences of Market Manipulation

TypePotential Penalty
CivilSEC fines, disgorgement of profits
CriminalImprisonment, criminal fines
RegulatoryFINRA suspension or bar
PrivateInvestor lawsuits

Red Flags for Manipulation

CategoryWarning Signs
Trading PatternsUnusual volume, price spikes
Order FlowLarge orders cancelled repeatedly
TimingActivity concentrated at open/close
CommunicationsPromotional campaigns before price moves

Key Takeaways

  • Market manipulation is illegal and harms investors
  • Wash trading creates false appearance of activity
  • Pump and dump artificially inflates then crashes prices
  • Spoofing/layering involves placing orders to cancel
  • Front running profits from customer order knowledge
  • Churning generates excessive commissions
  • Penalties include fines, imprisonment, and industry bars
Test Your Knowledge

A trader places multiple large sell orders with no intention of executing them, then buys shares at a lower price and cancels the sell orders. This practice is known as:

A
B
C
D
Test Your Knowledge

A broker-dealer representative learns a large institutional client is about to place a major buy order. Before entering the clients order, the representative buys shares for their personal account. This is an example of:

A
B
C
D
Test Your Knowledge

Which of the following BEST describes a "pump and dump" scheme?

A
B
C
D