Market Abuse
Social media-induced trade surveillance headache gets worse
• 0 minute read
December 9, 2024
Fake news about listed companies and social media posts touting stock tips pose an increasing risk for trade surveillance teams, particularly at retail brokerages.
Regulators’ warnings about social media and market abuse have not been enough to curtail such activity despite a handful of enforcements. According to experts, this means some firms are struggling to manage suspected manipulative transactions while others have not yet implemented surveillance tools that capture abusive social media behaviours.
There have been high-profile examples of company bosses using social media to reveal sensitive information or television talk-show hosts using their platforms to tout securities. Most recently, the BBC alleged that social media personality Logan Paul promoted crypto investments without revealing his stake in them, thus potentially profiting from any price change.
“As far as I’m concerned, that [behaviour] is market manipulation. It’s a grey area. It would be illegal if regulators can prove there was an intent to trade against what they’re saying. It’s something that regulators have to figure out, let alone market participants,” said Matt Smith, chief executive at SteelEye, an integrated comms and trade surveillance provider in London. “I don’t know how, as a financial firm, you’d be able to get in front of that. And there’s so many different platforms — Snapchat, TikTok — where people continue this type of behaviour.”
Mergers and acquisitions rumours
One head of surveillance at a retail brokerage firm told a conference recently they saw a lot of activity on bulletin boards or news websites purporting to have inside information about merger and acquisitions primarily in the UK market but also in others. In some instances, there were double-digit price movements followed by traders closing out positions. The firm has detected a lot of this kind of activity and has noted an increase over the past 12 to 18 months.
“Maybe 50% of the time, these rumours turn out to be true, and the [Takeover] Panel will come out with an announcement. And in many instances, they appear to be fake, because nothing comes out afterwards. I’ve been surprised by [the Takeover Panel] coming in and forcing announcements to either say there is something there or there’s not, which they have the power to do in their rulebook,” the surveillance head said.
“It has been a challenge for us, because the concern is for individuals that are placing trades through our platform in some way, are aware of or colluding in the placing of these rumours, and then benefiting from the subsequent price movement. It’s a real struggle.”
Their firm went as far as to review one such website and found instances where clients it had offboarded were engaged in abusive trading behaviour.
Many firms, however, struggle to get the basics in trade surveillance right. “Getting back to basics is key,” according to Smith at SteelEye.
In 2024 and 2023 there were about $322 million in fines levied by US and EU regulators for trade surveillance, suspicious activity monitoring and related systems and controls failures, according to Corlytics data. That includes a $200 million Commodity Futures Trading Commission (CFTC) fine on JP Morgan for failing to capture trades and input them into its surveillance systems.
New raft of problems
“Social media as a mode of communication— and more particularly the way that behaviour on social media is developing — creates a new raft of problems,” said Tim Bowden, a partner at law firm Dechert in London.
Retail and institutional traders scrape social media platforms and the internet for intelligence on which to trade, which begs the question: what is or is not inside information? The distinction between public and private information can become blurred.
“If you see something on social media, which appears to be market-sensitive inside information about a given company, you’ve then got the question of what can I do with that information? And that depends on a whole range of things. What platform is it on? What prominence does that platform have? What is that person’s association with the entity they’re talking about? Is it publicly known? Is it accurate? It’s not as simple as ‘it’s on Twitter now so it’s now public’,” Bowden said.
The issue could become even more acute with January’s incoming Trump administration in the US. The price of President-elect Trump’s Trump Media & Technology Group, which trades on Nasdaq, moves in lockstep with social media sentiment; and Trump’s crypto project, World Liberty Financial, could be similarly influenced.
“The direction of travel is that the new administration seems to be rolling back regulation in most areas. There will be a change at the top of [regulator] the Securities and Exchange Commission (SEC) and a change in approach. Do you see the SEC taking a strong line against injudicious posting of inside information when the top of the administration has a laissez-faire approach to free speech on social media? Probably not,” Bowden said.
Regulatory response
2021, Roaring Kitty: Massachusetts’s securities regulator fined MassMutual $4 million and ordered it to overhaul its social media and personal account dealing policies after one of its employees started the GameStop meme stock craze on YouTube.
2022, Discord: The Securities and Exchange Commission (SEC) charged eight individuals in a $100 million securities fraud scheme that used Twitter and Discord to manipulate exchange-traded stocks. The SEC also fined Kim Kardashian for promoting a crypto investment on social media. She paid a $1.26 million fine.
2024 ESMA warning: The European Securities and Markets Authority (ESMA) published a warning for people posting investment advice on social media.
2024 Reality bites: The UK Financial Conduct Authority (FCA) charged nine individuals in relation to an unauthorised foreign exchange trading scheme promoted on social media.