So, you've read our posts on wash trades and installed cross-blocker to help - no problems. Well, maybe
There have been increasing cases of "disruptive trading" that center on the use of cross blocker in a manner it was not intended for. Cross blocker, to refresh, is a piece of code that automatically cancels an existing outright order when a opposing order at the same price is entered in the same account. A cross can be thought of as a wash trade within the same account. Trading an outright trade against an outright trade in the same account is a cross and against exchange rules.
Well, clever traders have realized that exchanges look at cancelled and modified orders in their spoofing analysis. Therefore, how do you spoof without cancelling your order (light bulb goes on) - I just enter an order that the cross blocker will cancel. Easy peasy, except that the exchanges have figured this out.
The latest instance of this (CBOT disciplinary notice CBOT-18-1003-BC issued May 29) indicates it is common enough the CME has now applied a term under Rule 572 in relation to the use of cross blocker: "Flipping". As the definition is set forth in the latest notice:
"A18: Flipping is defined as the entry of orders or trades for the purpose of causing turns of the market and the creation of volatility and/or instability.(from Market Regulation Advisory Notices RA1516-5 (preceding) and RA1807-5 (superseding) Q&A)
Market Regulation recognizes there are many variables that can cause a market participant to change his perspective of the market. This Rule, therefore, does not prohibit a market participant from changing his bias from short (long) to long (short).
Flipping activity may, however, be disruptive to the marketplace. For example, repeated instances of a market participant entering flipping orders that are each large enough to turn the market (i.e., being of a sufficient quantity to sweep the entire quantity on the book at the particular price level and create a new best bid or best offer price with any remaining quantity from the aggressor flipping order) can be disruptive to the orderly conduct of trading or the fair execution of transactions."
And that is what happened here. The trader "entered large orders on one side of the market and then while those orders were resting, entered large aggressive orders on the other side of the market. A wash blocker caused the resting orders to be cancelled within the same millisecond or one millisecond of (their) entry of the aggressive orders, which at times turned the market (“flip order”) and traded immediately. (The trader's) use of the wash blocker to flip sides of the market created order book imbalances and prevented others from gaining order book priority."
Note, this was not necessarily pushing the price but it was resetting order book priority. This was a way of getting trades executed at the price and bid/offer desired. This is why spoofing has become less and less common as a term and the exchanges are leaning on disruptive trading.
Oh yes, the fine was $60K and 20 days suspension from access to the market. The notice is here