HSBC to pay $45M to settle CFTC spoofing, recordkeeping violations

HSBC building

HSBC was fined $45 million as part of a settlement with the Commodity Futures Trading Commission (CFTC) addressing charges its traders used manipulative and deceptive trading practices and that the bank committed recordkeeping failures related to a faulty third-party audio recording platform.

Registered swap dealer HSBC Bank USA violated the Commodity Exchange Act’s anti-fraud, anti-manipulation, and supervision provisions, the CFTC said Friday in its order. The bank also failed to adhere to recordkeeping provisions by not adequately responding when a third-party audio recording platform did not properly record entire voice calls on certain mobile phone calls over a five-month period in 2020, the agency said.

In a separate order Friday, the CFTC fined HSBC Bank USA, HSBC Securities, and HSBC Bank plc $30 million for admitted recordkeeping and supervision failures regarding use of off-channel communications by employees for conducting business.

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