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时间:2016-02-08 10:06来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien

2008年3月19日,伦敦市场一名经验丰富的职员的被指控传播对于苏格兰哈利法克斯银行(HBOS流动)股票的虚假和误导性信息,允许交易员通过卖空这些股票而获利——这种做法称为“贬低兑现”。据称,关于金融市场谣言和邮件流传,HBOS正苦苦挣扎于日常业务的时候还被被英格兰银行喊去参加了紧急会议。进一步传闻指出,英国《金融时报》写的一篇公开银行的债务的文章,将提高银行挤兑的幽灵。当天下午1点HBOS股价的下跌了19%左右,导致英国央行(Bank of England)发行前所未有的否认HBOS面临流动性问题和英国金融服务管理局(FSA)发布警告金融行业,它不会容忍虚假交易。
Introduction And Overview介绍和概述

On 19 March 2008, the London market experienced allegations of abusive conduct by persons disseminating false and misleading information about the liquidity of Halifax Bank of Scotland (HBOS) shares, allowing traders to profit from the short selling in those shares - a practice known as “trashing and cashing. [2] ” Allegedly, emails circulating around the financial markets contained rumours that HBOS was struggling to fund its day-to-day business and that an emergency meeting had been called with the Bank of England. A further rumour stated that the Financial Times was writing an exposé of the bank’s liabilities that “would raise the spectre of a run on the bank” [3] At 1pm that day the value of HBOS shares had fallen by around 19% [4] resulting in the Bank of England issuing what was described as an unprecedented denial that HBOS was facing liquidity problems and the UK’s Financial Services Authority (FSA) publishing a warning to the financial industry that it would not tolerate abusive trading and that it had commenced an investigation into potential market abuse and unusual trading patterns, and that if it found any evidence of “trashing and cashing” it would start a probe more deeply, tracking the e-mails, and listening to taped phone calls [5] . The Financial Times reported that on the face of it the negative rumours on 19 March 2008 looked like blatant market abuse, but that despite the FSA’s swift reaction, punishment by press release would not satisfy the regulators critics and that there was an increasing demand for the FSA to ‘flay criminals with the rules.’ [6] The wealth of media coverage and adverse comment about the extreme market conditions of that day, together with the alleged abuse occurring at a time of unprecedented economic conditions served to place the FSA - which has statutory duties to maintain market confidence and reduce financial crime and has as one of its strategic aims to promote efficient, orderly and fair markets [7] - under pressure to get results against abusers of the financial markets [8] . Such pressure acted to highlight that although it might be easy to identify market abuse there is very real difficulty in proving it [9] and that much of the FSA’s market abuse activities although useful for catching the casual insider or abuser do not help in catching organised rings of abusers.
The Financial Services and Markets Act 2000 as amended (which throughout this thesis is described as either the Act or the 2000 Act unless the context otherwise requires) establishes a civil law enforcement regime prohibiting seven distinct market abuse behaviours and allowing for the imposition of financial penalties by the FSA in the event of a person committing Market Abuse. The regime is supported by a civil law enforcement framework allowing for the speedy resolution of enforcement cases, together with a judicial safeguard allowing disputed cases to be referred to the Upper Tribunal (Tax and Chancery) [11] . Since the implementation of the 2000 Act and notwithstanding the market abuse regime there arguably remains a continued threat to the cleanliness of the financial markets [12] . In response the FSA has gradually extended its approach to market abuse enforcement beyond the civil market abuse regime relying on other parts of its rule book as well as an increasing reliance on the use of criminal prosecutions [13] . Criminal prosecutions certainly generate more publicity and the threat of a custodial sentence provides a more credible deterrent than the threat of a financial penalty. Emphasising the appropriateness of criminal prosecutions in cases of Market Abuse Lord Judge CJ in R v McQuoid CA [14] said “prosecution in open and public court will often and perhaps much more so now than in the past, be appropriate.”

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