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Legal brief

18 December 2007

Stock loan under fire

Read more: stock loan law suit SEC DOJ cases 38 people charged

Stock loan traders who worked at the desks of several well-known banks and brokerage firms recently were named as defendants in parallel civil and criminal proceedings filed by the US Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) respectively. Both cases were filed in late September 2007. The SEC charged 38 people in the civil case. The DOJ brought additional criminal charges against fifteen of the 38 traders.

Employees who act as traders in the securities lending departments at financial institutions typically do not transact business with the public and normally transact business only with their counterparts at other firms. They are not required to carry professional securities licenses and often they are not licensed. Despite the large dollar volume of securities lending transactions, the business is largely unregulated as compared to transactions in the public markets.

However, the profile of the securities lending business has risen...


 

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