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Caught in the Wash

By Bryan Daly on October 17, 2013
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Traders selling, and then repurchasing, the same stock, bond, option or future, is a topic facing increasing regulatory scrutiny. For systematic hedge funds trading in the U.S. — some of whom are shelving out seven figure sums for internal technology or facing expensive inquiries due to accidental violations — it has proved an expensive development. Wash sales, as they are known, are a market violation when deliberately carried out in order to change the price of a given product but managers who run several algorithms in different directions may — without meaning to — transact with one another. However, the enforcers, the regulators and the exchanges aren’t sympathetic to this defense, claiming managers should have adequate wash sale blockers and other protections.

Click here to read the HFMWeek article where I talk about the challenges some fund managers face when setting up internal netting systems to identify and match these trades.

Photo of Bryan Daly Bryan Daly

Bryan Daly is a partner in the Governmental and White Collar Defense Practice Groups and works out of the firm’s Los Angeles office. Bryan is a former Assistant U.S. Attorney for the Central District of California, Criminal Division, Public Corruption and Government Fraud…

Bryan Daly is a partner in the Governmental and White Collar Defense Practice Groups and works out of the firm’s Los Angeles office. Bryan is a former Assistant U.S. Attorney for the Central District of California, Criminal Division, Public Corruption and Government Fraud Section.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Regulatory & Compliance Update
  • Organization:
    Schulte Roth & Zabel LLP

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