Risk Managers - have you asked your compliance shop to help find where risk is moving around on your book?
The latest air pockets in life (pandemic, May contract settle in oil, trying to hold Zoom meetings with a menagerie of dogs in the background) have left DCM behind in keeping up with the activities of regulators and exchanges in the compliance world. There have been 16 disciplinary or summary action notices from the CME in the last thirty days - over one every two days on average. And a number come back to a common area of focus for exchanges - wash trades.
Now, those of us of a certain age remember the massive investigations and fines associated with "wash" trades in US physical energy markets of the mid 90's. Trades where counterparties conspired to elevate market prices by a series of circular trades that had no risk positions but acted to provide "reported trades" at artificial prices. And most of us think of wash trades as that - trades designed to get a price printed without actually taking a position in the market.
But the disciplinary notices in the last month regarding wash trades reflect them being used for a different purpose - moving trades around between books within the same company or between affiliates. In one case, the notice reads:
"The purpose of the trades was to manage an affiliate’s risk by rolling positions held in three separate accounts owned by the affiliate’s subsidiaries. "
The notice regarded AXA Bank and the text is here.
This is not an uncommon occurrence in the disciplinary area - traders trying to move positions because they accidentally traded in the wrong account or to shift amounts or to stay within corporate limits without getting noticed. All of these reasons are normally something the risk manager would like to know about - for training or breach management or limit violation purposes.
And that is where your compliance function can help. They should be examining all futures trades where the execution ID shows up on both the buy side an the sell side on broker statements or exchange feeds. This is a common area of focus - looking at trades where affiliates, even if dis-aggregated, show up on both sides of the trade. The exchange is looking at these, you should be too.
And what this shows a risk officer is where someone is making executions that should be an intra-book transfer and, therefore, a transparent risk transfer but are possibly not showing up. In addition, there is an acceptable manner to effectuate these trades by "back office transfer" - the problem is that this is a much more visible method that the trader can't really obscure.
But you need to document these actions to assure controls are working. Even worse, what if those transfers are to change regulatory analysis of exposures at the end of a reporting period and now the regulator finds out staff are acting to manipulate reporting exposures? That is likely not a pleasant discussion for the risk officer.
So, risk officers, you might have a discussion with your compliance counterparts and understand the insights they may be able to provide you about areas under your purview. You could find they have a lot of help they can give you.