2024-08-27T08:17:09.660+02:00
Tuesday, 27/08/2024 | 06:17 GMT by
Damian Chmiel
The bank was fined $5 million by CFTC for failing to correctly report millions of swap transactions.
The bank agreed to hire an independent compliance consultant as part of the settlement.
The Commodity Futures Trading Commission (CFTC) has ordered Bank of
New York (BNY) to pay a $5 million civil penalty for repeatedly failing
to report millions of swap transactions correctly and inadequately supervising
its swap dealer business.
The enforcement action, announced yesterday (Monday),
addresses violations that occurred between 2018 and 2023. During this period,
BNY failed to accurately report at least five million swap transactions to a
registered swap data repository, breaching both CFTC regulations and a prior
order issued against the bank in 2019.
CFTC’s Division of Enforcement Director Ian McGinley
CFTC’s Division of Enforcement Director Ian McGinley emphasized the
importance of accurate reporting in the regulatory framework for swaps.
“It is essential that swap dealers get this right,” he stated.
“In that vein, I commend BNY for its extensive cooperation,
remediation, and decision to retain an independent compliance consultant to
assist the bank in improving its compliance program and preventing the
reoccurrence of misconduct,” McGinley added.
The order also highlights BNY’s failure to supervise its
swap dealer business properly. The bank lacked written policies or procedures
to monitor voice communications of its associated persons (APs) and
e-communications in languages other than English, which are necessary to ensure
compliance with CFTC regulations.
As part of the settlement, BNY has agreed to retain an
independent compliance consultant to review and advise on its compliance
program. This decision and the bank’s self-reporting and substantial
cooperation with the investigation contributed to a reduced civil monetary
penalty.
.@CFTC Orders The Bank of New York Mellon to Pay $5 Million for Swap Reporting and Supervision Failures and Violation of a Prior CFTC Order: https://t.co/68TjTlW7pF
— CFTC (@CFTC) August 26, 2024Wisconsin Man Fined $75,000 for Unregistered Commodity Trading Advisor
Activities
In a separate
action also on Monday, CFTC has ordered Mark Hendershott of Wisconsin to
pay a $75,000 civil monetary penalty for operating as an unregistered commodity
trading advisor (CTA).
According to the CFTC order, Hendershott provided hedging
advice and trading services related to agricultural futures contracts to
farmers without proper registration between May 2018 and June 2021. His
activities included offering tailored advice on using futures contracts to
hedge crop production and directly placing trades in clients’ accounts.
The order states that Hendershott developed a client base by
contacting prospective farmers and charged a flat fee for his services. He
assisted clients in opening trading accounts and managed various aspects of
those accounts, including fund transfers and margin issues.
The CFTC found that Hendershott met the criteria requiring
CTA registration, as he held himself out as a CTA and provided commodity
trading advice to more than 15 persons in a 12-month period while using
interstate commerce to conduct his business.
The Commodity Futures Trading Commission (CFTC) has ordered Bank of
New York (BNY) to pay a $5 million civil penalty for repeatedly failing
to report millions of swap transactions correctly and inadequately supervising
its swap dealer business.
The enforcement action, announced yesterday (Monday),
addresses violations that occurred between 2018 and 2023. During this period,
BNY failed to accurately report at least five million swap transactions to a
registered swap data repository, breaching both CFTC regulations and a prior
order issued against the bank in 2019.
CFTC’s Division of Enforcement Director Ian McGinley
CFTC’s Division of Enforcement Director Ian McGinley emphasized the
importance of accurate reporting in the regulatory framework for swaps.
“It is essential that swap dealers get this right,” he stated.
“In that vein, I commend BNY for its extensive cooperation,
remediation, and decision to retain an independent compliance consultant to
assist the bank in improving its compliance program and preventing the
reoccurrence of misconduct,” McGinley added.
The order also highlights BNY’s failure to supervise its
swap dealer business properly. The bank lacked written policies or procedures
to monitor voice communications of its associated persons (APs) and
e-communications in languages other than English, which are necessary to ensure
compliance with CFTC regulations.
As part of the settlement, BNY has agreed to retain an
independent compliance consultant to review and advise on its compliance
program. This decision and the bank’s self-reporting and substantial
cooperation with the investigation contributed to a reduced civil monetary
penalty.
.@CFTC Orders The Bank of New York Mellon to Pay $5 Million for Swap Reporting and Supervision Failures and Violation of a Prior CFTC Order: https://t.co/68TjTlW7pF
— CFTC (@CFTC) August 26, 2024Wisconsin Man Fined $75,000 for Unregistered Commodity Trading Advisor
Activities
In a separate
action also on Monday, CFTC has ordered Mark Hendershott of Wisconsin to
pay a $75,000 civil monetary penalty for operating as an unregistered commodity
trading advisor (CTA).
According to the CFTC order, Hendershott provided hedging
advice and trading services related to agricultural futures contracts to
farmers without proper registration between May 2018 and June 2021. His
activities included offering tailored advice on using futures contracts to
hedge crop production and directly placing trades in clients’ accounts.
The order states that Hendershott developed a client base by
contacting prospective farmers and charged a flat fee for his services. He
assisted clients in opening trading accounts and managed various aspects of
those accounts, including fund transfers and margin issues.
The CFTC found that Hendershott met the criteria requiring
CTA registration, as he held himself out as a CTA and provided commodity
trading advice to more than 15 persons in a 12-month period while using
interstate commerce to conduct his business.
1750 Articles
39 Followers
Damian’s adventure with financial markets began at the Cracow University of Economics, where he obtained his MA in finance and accounting. Starting from the retail trader perspective, he collaborated with brokerage houses and financial portals in Poland as an independent editor and content manager. His adventure with Finance Magnates began in 2016, where he is working as a business intelligence analyst.
1750 Articles
39 Followers
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Laura Dinneen, Head of Product Marketing at Zodia Custody, on the panel “Digital Assets & Tradfi: An Evolving Market Structure”
Laura Dinneen, Head of Product Marketing at Zodia Custody, on the panel “Digital Assets & Tradfi: An Evolving Market Structure”
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