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06 October 2011 / Simon Goldstone
Issue: 7484 / Categories: Features , Banking , Commercial
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Playing with fire?

FSA v Alexander: playing the system, or manipulating the market, asks Simon Goldstone

The Financial Services Authority (FSA) fined Barnett Alexander, a self-employed trader, £700,000 in June for market abuse. Alexander’s scheme was to deal in shares so as to influence the price of derivative “contracts for difference” (CFD’s); he would make a profit on subsequent CFD trades on automated exchanges. The trades were on the open market, with willing participants on the basis of transparent prices.

A CFD is an agreement to exchange the difference in value of a share between the time when the contract is opened and the time when the contract is sold. A trader can agree to buy, then sell, a CFD in XCo if he thinks that the share value will go up; he can sell, then buy, if he thinks the market will fall. You can trade CFD’s without owning the underlying shares—think instead of CFD’s as shadowing the shares. The value of an XCo CFD is directly related to the price at which XCo shares are traded, and to the difference between the price that the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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