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March 18, 2014 at 07:12 AM
The Financial Industry Regulatory Authority and BATS Exchange Inc. announced Tuesday that they have jointly ordered Citigroup Global Markets Inc. to pay approximately $1.1 million in connection with short selling ahead of participating in five public offerings of securities, in violation of Rule 105 of Regulation M.
The payments include the disgorgement of more than $538,000, plus interest, of profits and improper financial benefits, and approximately $559,000 in fines.
Citigroup also violated supervisory requirements related to Rule 105, and as part of the sanction, the firm was ordered to update its written supervisory procedures for Rule 105 compliance.
In concluding the settlement, Citigroup neither admitted nor denied the charges, but consented to the entry of FINRA and BATS’ findings.
“Rule 105 of Regulation M remains vital to protecting the integrity of the offering process by prohibiting firms from engaging in certain prohibited activities before the pricing of secondary offerings,” said Thomas Gira, FINRA executive vice president of Market Regulation, in a statement. “FINRA will continue to aggressively monitor firms for adherence to Rule 105’s requirements and adequate supervisory systems to ensure such compliance.”
