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Fraud Act 2006 & Pump and Dump Schemes in England

The integrity of financial markets has long been a cornerstone of modern economies. Through these complex webworks, nations determine their prosperity, signaling their stage of economic development. But lurking beneath the surface of these intricate systems lies a menacing challenge: Market Manipulation.

Market Manipulation is an age-old problem, existing as long as financial markets themselves. Modern methods, such as the notorious “Pump-and-Dump” scheme, however, have given this challenge renewed potency. As a solo legal researcher, I’ve delved into the depths of English Criminal Law to understand how effectively it grapples with market manipulation.

At the heart of this issue lies the question of ethics. Some argue that Pump-and-Dump strategies are devoid of criminal intent or moral error. They draw comparisons to seemingly benign scenarios, such as friends saving spots in a line, only for others to join them later. But can those at the back rightfully complain? Can they expect intervention? The Fraud Act 2006 steps into this fray, using various provisions to address types of fraud.

My exploration led me to the engrossing narratives of Robin Hood or Seth Davis’s father, shedding light on the intricate dance between morality, law, and the human psyche. Moreover, I ventured into the intriguing world of gambling, where dishonesty has been debated for centuries. The Gaming Acts of 1664 and 1710, for instance, tried to address deceit in gambling, setting the stage for modern interpretations.

In navigating this multifaceted terrain, I encountered cases like the “Wrong Number Scam” in 2005. It laid bare the audacity with which some manipulate the market. And then, there was the highly-publicized case involving Navinder Singh Sarao. His extradition highlighted the far-reaching impacts of market manipulation and how it transcends international borders.

The confrontation between Professor Craig Pirrong and Judge Frank Easterbrook further opened Pandora’s box, revealing deep-seated disagreements about the nature of manipulation in energy markets. My stance diverges from Pirrong’s, as I firmly believe that the energy market cannot escape the tendrils of fraud.

Market manipulation is a critical concern. It’s not just about the act but the intent, the dishonesty that propels it. By understanding this, we can lay the groundwork to safeguard the very integrity of our financial markets.

With the dramatic decline of Burford Capital Limited’s share value in August 2019, market manipulation returned to the spotlight. While the Financial Conduct Authority found no evidence of wrongdoing, the incident underscored the need for diligent oversight and stringent regulatory mechanisms.

I invite you to embark on this journey with me. Dive deep into the labyrinth of market manipulation, understand its ethical and legal implications, and decipher the complexities of financial laws that have evolved over time. For a detailed and comprehensive insight, I urge you to read the full White Paper embedded below. The nuances and intricacies of this issue demand a thoughtful, deep dive. Only then can we truly appreciate the magnitude of what’s at stake.

● @Academia



This post first appeared on Panayotis Yannakas' Blog (Legal Researcher Cyprus), please read the originial post: here

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Fraud Act 2006 & Pump and Dump Schemes in England

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