Tag: Mark Johnson

Mark Johnson

And Finally…

With a reminder to readers that there is still time to vote for a real Irrational – P&L’s Socks of the Year (click here), let’s move onto to the next accolade, the “It’s been a tough year for…” award.
The winner might come as a surprise because I, along with many, feel the FX Global Code has made decent progress this past year and has also done a lot of good for the market by providing a clear framework within which people can work.

And Another Thing…

More than a few people have told me in recent weeks that they see the trial (which is now at the appeal stage) of Mark Johnson, and that of the Cartel threesome – which started this week in New York – as being inextricably linked. You all know what’s coming…I don’t agree. In fact I would argue there are some fundamental differences that mean this week’s trial – complex as it is – cannot be seen through the same lens.

And Finally…

I quite like reading academic papers on the FX market structure – often they state the obvious, but just as often they get the hamster back on the wheel in my head.
An interesting paper on spoofing and pinging in OTC FX markets was released recently, which does a great job of highlighting why platforms need to be on top of behaviour; how some LPs are nothing of the sort and how others’ behaviour could be confused with spoofing but shouldn’t be. The paper also provides support for my argument that Mark Johnson’s conviction should be over-turned.

And Finally…

  And so, dear readers, we commence the second 500 of these columns by returning to a theme that has dominated the past 100 – and which remains the biggest single issue facing the foreign exchange industry at this time. I refer of course, to the appeal against Mark Johnson’s conviction, which is now underway […]

Second Johnson Amicus Brief Highlights “Intrinsic” Pre-Hedging Role

A second Amicus Brief filed in the Mark Johnson appeal stresses the risks associated with providing FX services to clients around the Fix and argues that pre-hedging is intrinsic to handling orders at the mechanism.

The Amicus from Professor Torben Andersen, the Nathan S. and Mary P. Sharp Professor of Finance at the Kellogg School of Management at Northwestern University says that without the ability to pre-hedge, dealers would have no economic incentive to trade as principals with customers at the Fix.

“When dealers trade as principals at the Fix, they typically pre-hedge their trades by executing a number of smaller transactions before the Fix time,” the Amicus states.

ACI FMA Amicus Brief Calls for “Illogical” Government Argument to Be Overturned in Johnson Case

ACI – The Financial Markets Association (ACI FMA) has filed an Amicus Brief on behalf of former HSBC FX trading head Mark Johnson, who is appealing his conviction and sentencing earlier this year for several wire fraud offences.
In the Amicus ACI says that if the US government’s “Illogical” position is allowed to stand, and the conviction is not overturned, bank dealers are unlikely to operate in the face of potential criminal sanctions simply for transparently and fairly hedging the uncompensated risk of “colossal loss” to their shareholders.

In the FICC of it

In this week’s In the FICC of it podcast, Colin Lambert and Galen Stops discuss the Mark Johnson trial, pointing out that if the current verdict is upheld despite the ongoing appeal against it and ACIFMA’s decision to file an amicus brief in support of the appeal, it could have a very significant impact on both the Global FX Code and how the FX industry operates more broadly. They also look at why crypto regulation is unlikely to move as fast as some people in the industry would like, and why this might not be such a bad thing.

And Another Thing…

In this column on June 7 2018 I wrote that the time had come for someone to show industry leadership when it comes to arguing the foreign exchange industry’s corner specifically around pre-hedging and Mark Johnson’s pending appeal. I looked particularly at the industry associations and, some believe, called them out on it. It is pleasing to see that there is a response from the industry, but it is not yet enough and more can be done – especially by one or two associations.

Q&A With Bruno Langfritz – ACIFMA to Deliver Amicus Brief in Johnson Trial

It has been revealed that ACI – The Financial Markets Association (ACIFMA) is to draft an Amicus Brief, an expert submission on technical details, in defence of Mark Johnson, who is appealing his conviction in a US court for wire fraud relating to an FX hedging transaction for Cairn Energy. Johnson was sentenced to two years in jail following his conviction, but has since won an application for bail pending the appeal. Bruno Langfritz, chairman of ACIFMA talks to Profit & Loss about the Amicus Brief initiative.

Scott Wins Extradition Appeal

HSBC’s former head of FX trading for Europe, Stuart Scott, has won his appeal against the decision to extradite him to the US to face trial over allegations that he took part in front running trading relating to an order for Cairn Energy.
Scott’s former boss, Mark Johnson, was convicted of charges related to the Cairn Energy deal in a US court last year and sentenced to two years in jail earlier this year, however he is appealing the decision and won a bail application in June.