The NY Attorney General Is Getting Ready To File A Lawsuit Against Barclays And Its 'Dark Pool' Rea

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  • JOHN MCCRANK, KAREN FREIFELD, AND HERB LASH, REUTERS
  • JUN. 25, 2014, 3:27 PM
  • 426

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REUTERS/Toby Melville

A logo hangs outside a branch of a Barclays bank in London.



NEW YORK (Reuters) - The New York Attorney General is set to file a securities fraud lawsuit against Barclays PLC <BARC.L> for misrepresenting the safety of its U.S.-based alternative trading system, or "dark pool," to investors, according to a source.


The lawsuit, which the Attorney General will announce at 4 p.m. (2000 GMT) on Wednesday, alleges that Barclays operates its dark pool to favor high-frequency traders and has actively sought to attract them by giving them systematic advantages over others trading in the pool, the source said.

Barclays declined to comment.





Read more: http://www.businessinsider.com/r-ne...against-barclays-source-2014-25#ixzz35nyLdILr


I'm guessing Barclays days in the US market are approaching an end?

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Cracks Open in Dark Pool Defense With Barclays Lawsuit
By Sam Mamudi and Doni Bloomfield Jun 26, 2014 8:30 AM ET
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June 26 (Bloomberg) –- Bloomberg’s Manus Cranny reports on Barclays facing a lawsuit from the New York Attorney General’s office. The New York AG is accusing the bank of favoring high-speed traders and falsifying marketing materials to hide how much high-frequency traders were buying and selling. (Source: Bloomberg)
Last October, managers told an employee in Barclays (BARC) Plc’s trading unit to keep from clients a report showing the bank routed most of their dark pool orders to itself, according to the New Yorkattorney general.

He refused, Eric Schneiderman said, and was fired the next day.

The state’s top law-enforcement official released the account, which he said he got from the former Barclays senior director, in a 30-page document that portrayed the London-based bank as bilking its own customers to expand its dark pool. Schneiderman cited a pattern of “fraud and deceit” starting in 2011 in which Barclays hoarded orders for stocks and assured investors they were protected from high-frequency firms while simultaneously aiding predatory tactics.

“The behavior described in this complaint would put a bank’s financial interest in marketing its dark pool and profiting by providing access to predatory high-speed traders ahead of the interests of investors,” Senator Carl Levin, the Michigan Democrat who leads the Permanent Subcommittee on Investigations, said in a statement. “Action is needed to end conflicts of interest in the U.S. stock market.”

Related:

Barclays declined as much as 5.6 percent in London trading and was down to 217.9 pence at 1:25 p.m. The stock is at its lowest price since November 2012.


Photographer: Asim Hafeez/Bloomberg
A Barclays Plc bank branch in Karachi,

Barclays LX is the second-largest U.S. dark pool, trailing only Credit Suisse Group AG’s Crossfinder, according to data from the Financial Industry Regulatory Authority. Along with misrepresenting who traded there, the bank sent too many orders to its own venue, according to the complaint.

SEC, Congress
In a statement, Mark Lane, a spokesman for Barclays, said: “We take these allegations very seriously. Barclays has been cooperating with the New York Attorney General and the SEC and has been examining this matter internally. The integrity of the markets is a top priority of Barclays.”

Private Stock Trading vs. Public Exchanges

Scrutiny from law-enforcement authorities is increasing as concern grows that America’s fragmented and computerized market structure enriches professional traders at the expense of individuals. U.S. Securities and Exchange Commission Chairman Mary Jo White proposed changes to the market this month, and the regulator this week announced it wants to test a curb on dark pool trading. Last week, Levin’s panel held hearings focused on where brokers send their customers’ orders.


Photographer: Louis Lanzano/Bloomberg
Eric Schneiderman, attorney general of New York.

Schneiderman’s case is the boldest initiative and may open fissures in the decade-old defense of U.S. equity markets that has been championed by brokerages and traders. In their version of the story, dark pools serve as havens for institutional investors tired of seeing orders to buy and sell stocks front-run on public exchanges. According to Schneiderman, institutions may not have been much safer on Barclays’ platform.

Fraud Committed
“We are talking about pension fund money,” Schneiderman said on CNBC today. “The average citizen who wants to be in the market is trading through large institutional investors, and we found specifically that there was fraud committed against large institutional investors.”

Part of the selling point of dark pools is that by keeping orders to transact securities private, they are less likely to be prowled by speed traders looking to beat investors who are slower to react to new information. Barclays, according to Schneiderman, sought further to soothe money managers by saying high-frequency firms were policed on its platform. Allegations that they weren’t could cause mutual funds and other big investors to wonder if any corner of the market is safe.

“This is obviously a breach of confidence, a breach of trust,” said Joe Saluzzi, co-head of equity trading at Themis Trading LLC in Chatham, New Jersey. “It’s pretty obvious at this point that the SEC needs to come in, it needs to know what’s going on actually inside these boxes. Barclays -- are they the only ones? We don’t know. I don’t know.”

Climbing Ranks
Barclays was so bent on lifting its private trading venue to the upper ranks of Wall Street dark pools that it falsified marketing materials to hide how much high-frequency traders were buying and selling, the complaint said.

Seeking to reassure customers that their stock orders wouldn’t be picked off by predatory counterparts, Barclays touted a system designed to keep that from happening called liquidity profiling, according to the complaint. Marketing material including charts purported to show that very little of the trading within the dark pool was “aggressive” and that operating there was safe for institutions.

“The representations were false,” according to the complaint. The chart and accompanying statements obscured the trading taking place in Barclays’ dark pool. Senior Barclays personnel de-emphasized the presence of high-frequency traders and left out reference to one of the largest and most toxic participants, it said.

‘Taking Liberties’
“Internally, Barclays acknowledged that it was ‘taking liberties’ with the truth by suppressing the disclosure of this high frequency trading firm, but decided to falsify the analysis in order to ‘help ourselves,’” according to the complaint.

Expanding its dark pool to one of the biggest in the country “was a principal goal” of Barclays’ electronic trading division in its quest to drive profits, according to the complaint. Attracting orders was important to building market share, reducing commissions paid to other venues and increasing fees collected from firms using the venue, it said.

Yesterday’s action may force other regulators to act more decisively, according to Todd Cipperman, a lawyer who consults on compliance with securities regulations. In a June 5 speech, SEC Chair White said dark pool owners would have to provide the regulator with their rules for matching buyers and sellers. She may have to do more than that now, he said.

Difficult Argument
“It’s hard for the SEC to sit back and say, ‘Well, nothing’s wrong’ when the state attorney general has already brought some kind of lawsuit,” said Cipperman, the managing principal of Cipperman Compliance Services LLC in Wayne, Pennsylvania, and former general counsel at SEI Investment Co.

Schneiderman’s action is reminiscent of cases brought by Eliot Spitzer, Cipperman said. As New York attorney general from 1999 to 2006, Spitzer invoked state laws to prosecute abuses in industries that other regulators may have missed.

“I was at SEI when Eliot Spitzer was engaging in his prosecutions, and it put a lot of pressure on firms, and people wanted to settle, wanted to settle quickly and get out of there,” he said. “You’re going to see a lot of that here.”

Spitzer exposed conflicts of interest at investment banks whose stock analysts ridiculed companies in private while publicly recommending them to help win business. That helped spur Wall Street firms to agree to reorganize their research departments.

Cozying Up
In yesterday’s complaint, filed in New York state Supreme Court in Manhattan, Schneiderman describes how closely Barclays worked with high-frequency trading firms even as it was telling other clients that its dark pool was a haven. The document quotes one former senior director saying the bank “was doing deals left and right with high-frequency firms to invite them into the pool to be trading partners for the buy side,” referring to long-term investors such as mutual funds.

Barclays “would invite the high frequency firms in,” the former employee said, according to the suit. “They would trade with the buy side. The buy side would pay the commissions. The high frequency firms would pay basically nothing. They would make their money off of manipulating the price.”

Barclays made money from the fees longer-term investors paid, said the former director.

“And the buy side would totally be taken advantage of because they got stuck with the bad trade,” he said, according to the complaint. “This happened over and over again.”

Good, Aggressive
Barclays shared information with speed traders, contradicting what it said publicly, Schneiderman alleged. For example, even though marketing materials said aggressive traders made up 6 percent of its dark pool’s activity, one high-frequency firm concluded Barclays venue was “50 percent good, 50 percent aggressive,” the complaint said.

Barclays shared “detailed, sensitive information” with high-frequency firms -- including details of trades by various types of investors, according to the complaint. Notwithstanding its marketing, Barclays didn’t police its dark pool to get rid of predators, it said.

Schneiderman said that Barclays processed market data in the dark pool “so slowly as to allow latency arbitrage,” which is when speed traders at a venue with slower pricing data take advantage of other participants thanks to direct feeds from stock exchanges.

Internal documents from the bank show that Barclays believed the value of growing LX into a leading dark pool would be between $37 million and $50 million a year, according to the complaint.

Schneiderman quoted a former senior Barclays director as saying that the dark pool’s design and contrasting marketing claims were akin to “building a car and saying it has an airbag and there is no airbag or brakes.”

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The SEC has also looked into dealing with the HFT firms and getting them under more regulatory exposure. The Michael Lewis book was good, i was surprised Goldman took the position of supporting that alternative exchange those guys set up.
 

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The SEC has also looked into dealing with the HFT firms and getting them under more regulatory exposure. The Michael Lewis book was good, i was surprised Goldman took the position of supporting that alternative exchange those guys set up.

yeah it is funny Goldman Sachs of all people switched to that Investors Exchange and they have even compensated some of their clients if they thought they were being front run
 

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Dark Days for the Man Who Would Save Barclays
By Elisa Martinuzzi and Richard Partington Jun 27, 2014 2:30 PM ET
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June 26 (Bloomberg) -- New York Attorney General Eric Schneiderman talks about the state's lawsuit against Barclays Plc. He speaks with Trish Regan on Bloomberg Television's "Street Smart." (Source: Bloomberg)
Antony Jenkins, promoted to runBarclays Plc (BARC) after the Libor scandal, pledged to overhaul the bank’s culture, committing to values of integrity and respect. Allegations of fraud on his watch are undermining his plan.

Barclays lied to customers and masked the role of high-frequency traders as it sought to boost revenue at one of Wall Street’s largest private trading venues, New YorkAttorney General Eric Schneiderman said in a civil complaint filed June 25. He cited a pattern of misleading and false representations that went on as recently as April.

The first allegations of new misconduct since Jenkins was named chief executive officer of the London-based bank in August 2012 mark a setback in his efforts to break with the past and sentshares plunging the most since he took over. A hit to the reputation of the Barclays LX dark pool also would hinder Jenkins’s effort to turn around the firm’s investment bank by focusing on equities.

Related:

“He’s lost some credibility,” said Colin McLean, founder and CEO of SVM Asset Management Ltd. in Edinburgh, which oversees about $830 million and holds Barclays shares. “He hasn’t achieved the cultural change he’s talked about. A lot of activities will come under scrutiny.”


Photographer: Chris Ratcliffe/Bloomberg
The first allegations of new misconduct since Anthony Jenkins was named chief executive...Read More

‘Serious Charges’
Jenkins said in a memo to staff yesterday that the lawsuit represents “serious charges that allege a grave failure to live up to our values and to the culture at Barclays which we are trying to create.”

“I will not tolerate any circumstances in which our clients are lied to or misled, and any instances I discover will be dealt with severely,” the CEO said.

Mark Lane, a spokesman for Barclays, said the bank is cooperating with Schneiderman’s office and is examining the matter internally.

Jenkins vowed to change the culture of a bank that paid a record 290 million-pound ($494 million) fine in 2012 after admitting it submitted false London interbank offered rates, and $44 million to settle claims that a trader tried to manipulate the price of gold the day after the Libor settlement. Barclays has set aside more than 1.6 billion pounds to compensate customers sold insurance they didn’t need or interest-rate swaps that lost them money.

Dark Pools
Probes into private-trading venues known as dark pools and banks’ relationships with high-frequency trading firms could lead to $163 million in penalties and legal costs for Barclays, Credit Suisse Group AG analysts estimated in a note to clients June 4, before Schneiderman’s lawsuit.




“Despite the fact this was a small part of the business, any fine could be grossed up,” said Edmund Salvesen, an analyst at Brewin Dolphin in London.

Barclays shares fell 6.5 percent yesterday, the biggest decline since June 2012. They rose 0.5 percent today to close to 216.05 pence, valuing the bank at 35.5 billion pounds.

The “larger issue is the business risk, customer disengagement given that dark-pool trading is only one part of Barclays’s electronic equity offering,” Jefferies International Ltd. analysts led by Joseph dikkerson wrote in a note to clients today. Equities at Barclays were about 26 percent of the “core” investment bank’s 8.7 billion-pound revenue base in 2013, they said, adding the suit may prompt calls for senior management exits.

Equities Trading
The Barclays LX dark pool, part of the firm’s equities business, handles about 282 million shares weekly, making it the second-largest U.S. dark pool behind only Credit Suisse’s Crossfinder, according to data from the Financial Industry Regulatory Authority. Each day, more than 6 billion shares change hands in the U.S. stock market, according to data compiled by Bloomberg.


Photographer: Simon Dawson/Bloomberg
Antony Jenkins, chief executive officer of Barclays Plc.

Barclays temporarily removed Bill White from his role overseeing electronic equities trading to focus on the bank’s response to the lawsuit, said a person briefed on the matter who requested anonymity because the decision hasn’t been announced publicly. White isn’t being suspended, the person said.

Barclays estimated that expanding the trading platform could generate as much as $50 million a year, according to Schneiderman’s complaint. Starting in 2011, Barclays hoarded orders for stocks and assured investors they were protected from high-frequency firms, while simultaneously aiding predatory tactics, Schneiderman said.

‘Tainted’ Franchise
“It’s yet another problem that was avoidable, and is damaging the reputation of Barclays, of the City and of the country,” said John Mann, an opposition Labour Party lawmaker and member of Parliament’s Treasury Committee.

The investigation may hinder Barclays’s effort to expand in equities as it revamps its investment bank and as income from fixed-income trading declines. While income at the equities division, which also services hedge funds, fell 5 percent in the first quarter, it outperformed the larger fixed-income, commodities and currencies arm, whose revenue slid 41 percent.

“The equities franchise has been tainted,” Frederic Ponzo, managing partner of GreySpark Partners, a London-based consulting firm that audits dark pools for conflicts of interest, said by telephone. “They’re betting the house on equities, and the franchise is not as clean as it ought to be.”

Some money managers and brokers began shunning Barclays’s dark pool after the allegations emerged. Voya Financial Inc. (VOYA) stopped sending orders to the LX venue, as did Sanford C. Bernstein & Co., Deutsche Bank AG and Royal Bank of Canada, according to people with knowledge of the matter.

Taking Responsibility
“Equity execution is not a high margin business,” Brad Hintz, an analyst at Sanford C. Bernstein & Co., said by e-mail. “But it is the core, the bedrock on which all the rest is based.”

If a bank loses trading business, it’s unlikely that clients will do derivatives trades with the firm and it may lose share in underwriting stock offerings, said Hintz.

Jenkins “has ultimately got to take responsibility,” said Gary Greenwood, an analyst at Shore Capital Group Ltd. in Liverpool, England. “It’s not like he’s been there a month. These are huge, complex organizations, though, and it’ll take him a long time to get under the skin of all parts of it.”

Jenkins, 52, who studied politics, philosophy and economics at Oxford University, had been CEO of the Barclaycard credit-card unit since 2006 before he was named head of retail banking in November 2009.

‘New Course’
In February 2013, six months after taking over as CEO, Jenkins said the bank would commit to the five values of respect, integrity, service, excellence and stewardship.

“There will be no going back to the old ways of doing things,” he said at the time. “We get it. We are changing the way we do business, we are changing the type of business we do and we are setting out a new course.”

Jenkins promised to cut costs and jobs to return the lender to profit. He also set out to dial back the investment bank that former CEO Robert Diamond built in a 15-year expansion of Barclays’s fixed-income business, capped by the firm’s 2008 purchase of Lehman Brothers Holdings Inc.’s North American operations out of bankruptcy. Diamond left in July 2012, days after the Libor fine, having lost the confidence of the governor of the Bank of England and the chairman of the financial regulator.

‘Demonstrable Damage’
Jenkins hired Rothschild Vice Chairman Anthony Salz to lead a review of Barclays’s culture. In April 2013, Salz found the firm paid bonuses “incapable of justification” and said some bankers “seemed to lose a sense of proportion and humility.”

Less than a year later, John Sunderland, the then-head of remuneration, said the bank’s lack of “pay competitiveness was beginning to cause demonstrable damage” to its business, especially in the U.S.

Shareholders weren’t pleased. Demands for higher pay, especially from former Lehman Brothers investment bankers, and dwindling returns at the securities unit led to investor pressure for a deeper reorganization.

Last month, after reporting a 49 percent drop in first-quarter profit, Jenkins announced a retreat from building a global bank and said he would eliminate a quarter of investment-banking staff. He said the firm would shrink its fixed-income business amid a structural decline and a “weak” investment-banking revenue outlook.

The focus on its dark pool “highlights another problem area for Barclays,” said Christopher Wheeler, an analyst at Mediobanca SpA in London. “The salient point is what this means for their equity business, as Barclays seeks to rebuild a smaller investment bank with equities at its core.”

‘Enormous Distraction’
“As they try to rebuild, they need the support of the most profitable businesses,” and the U.S. suit is “an enormous distraction,” Wheeler said.

Jenkins is appointing new managers amid a wave of senior departures in what he has described as a “generational shift.” Executives who have left in recent months include Lehman veteran Hugh “Skip” McGee, the firm’s most senior banker in the U.S.; Robert Morrice, chairman of the Asia-Pacific region; and investment-banking chairman Ros Stephenson.

It may take a decade to rebuild trust in the bank after the series of scandals that have tarred its reputation, Jenkins warned in December.

“Barclays is a risk-taking culture that has resulted from years of putting profit before people,” Mark Williams, author of “Uncontrolled Risk,” a book on the rise and collapse of Lehman Brothers, and an executive-in-residence at Boston University, said by e-mail.

“No one CEO can correct the level of structural and cultural changes that need to occur,” Williams said. “Real change at Barclays, including a higher ethical standard, will require a combination of regulator, legal, shareholder and management action.”
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