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RBC sued over 'wash trades'

ROYAL Bank of Canada was sued by US regulators over claims that the Toronto-based lender engaged in illegal futures trades worth hundreds of millions of dollars to garner tax benefits tied to equities.
By · 4 Apr 2012
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4 Apr 2012
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ROYAL Bank of Canada was sued by US regulators over claims that the Toronto-based lender engaged in illegal futures trades worth hundreds of millions of dollars to garner tax benefits tied to equities.

Canada's biggest bank made false and misleading statements about "wash trades" from 2007 to 2010 in which affiliates traded among themselves in a way that undermined competition and price discovery on the OneChicago LLC exchange, the Commodity Futures Trading Commission said yesterday in a complaint filed in Manhattan federal court.

"A fundamental purpose of the futures markets is to provide an arm's-length mechanism for market participants to discover prices and shift risks associated with products traded in those markets," CFTC enforcement director David Meister said. "RBC not only designed and executed a wash sale scheme that undermined that purpose, it went a step further and misled the exchange into believing that its conduct was lawful."

The lawsuit is meritless and the bank intends to defend against the allegations, said Kevin Foster, a Royal Bank spokesman.

"Before we made a single trade, we proactively contacted the exchange to seek its guidance," Foster said. "These trades were fully documented, transparent, and reviewed by both the CFTC and the exchanges, and for the next several years were monitored by them." The trading was permissible under the CFTC's published guidance, Foster said in the statement, which also described the lawsuit as "not a financially material event to RBC."

Royal Bank traded at $58.50 in US after-markets trading yesterday, down 1.2 per cent from the US market close.

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US regulators, led by the Commodity Futures Trading Commission (CFTC), sued the Royal Bank of Canada alleging it engaged in illegal futures trades — so-called "wash trades" — worth hundreds of millions of dollars to obtain tax benefits tied to equities and that it made false or misleading statements about those trades.

The complaint was filed by the CFTC in Manhattan federal court, where regulators allege the wash trading scheme took place and misled the exchange.

The CFTC's complaint says the alleged wash trades occurred from 2007 to 2010.

The alleged conduct took place on the OneChicago LLC exchange, where the CFTC says affiliates traded among themselves in a way that undermined competition and price discovery.

According to the article, the CFTC says the wash trades involved RBC affiliates trading among themselves to undermine competition and price discovery on the OneChicago exchange, rather than providing normal arm's-length price discovery in the futures market.

RBC called the lawsuit "meritless" and said it will defend itself. A bank spokesman said they proactively contacted the exchange before trading, that the trades were fully documented, transparent, reviewed by the CFTC and exchanges, monitored for several years, and were permissible under the CFTC's published guidance.

The article reports RBC shares traded at US$58.50 in after-hours trading, down 1.2% from the US market close. RBC also described the lawsuit as "not a financially material event" to the bank.

CFTC enforcement director David Meister said a fundamental purpose of the futures markets is arm's-length price discovery and risk shifting, and that RBC "designed and executed a wash sale scheme that undermined that purpose" and misled the exchange into believing the conduct was lawful.