Manipulative, Deceptive, and Fraudulent Devices
Chapters in this video
- 0:00 The NASAA catch-all prohibition casts a wide net
- 1:54 Wash trades: no change in beneficial ownership
- 3:22 Matched orders and the bona fide agency cross exception
- 4:51 Painting the tape: sustained series with manipulative purpose
- 5:53 Comparing the three contrivances on exam day
- 6:59 Rapid-fire exam recap
What this video covers
- The scope of the NASAA catch-all prohibition on manipulative, deceptive, or fraudulent devices, practices, plans, programs, designs, or contrivances
- Why the wash trade test is strictly no change in beneficial ownership, and why different account names for the same controller do not create a loophole
- What defines a matched order: substantially the same size, time, and price on opposite sides, and why the rule language does not require different parties
- The bona fide agency cross transaction exception, and why matching a real independent buyer with a real independent seller is perfectly legal
- Why painting the tape requires a sustained series of transactions with the purpose of inducing others to trade based on artificial activity or price movement
- How to distinguish matched orders from painting the tape when the exam describes thinly traded stocks traded back and forth, using duration and pattern as your clues
- Why even an entirely novel manipulation tactic still falls under the broad catch-all prohibition
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