Damian Williams, the USA Legal professional for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Cost of the New York Area Workplace of the Federal Bureau of Investigation (“FBI”), introduced the unsealing of an Indictment charging NEIL PHILLIPS, the co-founder and chief funding officer of a hedge fund based mostly in the UK, with conspiracy to commit commodities fraud, conspiracy to commit wire fraud, commodities fraud, and wire fraud in reference to a scheme to artificially manipulate the USA greenback (“USD”) / South African rand (“ZAR”) change price to fraudulently set off a $20 million fee beneath a barrier choices contract.  PHILLIPS was arrested in Spain earlier this week on the request of the USA.

U.S. Legal professional Damian Williams mentioned:  “As alleged, Neil Phillips – the co-founder and chief funding officer of a distinguished U.Okay. hedge fund – manipulated the FX market in an effort to unlawfully get hold of hundreds of thousands of {dollars} in funds for his hedge fund beneath an choices contract.  Market manipulation is pernicious in all of its varieties and at the moment’s fees are a reminder that the Southern District of New York will steadfastly examine and prosecute such exercise whether or not it happens within the fairness market, the FX market, or elsewhere within the monetary system.”

FBI Assistant Director Michael J. Driscoll mentioned:  “As alleged, Mr. Phillips maliciously manipulated international markets in an effort to defraud monetary establishments for illicit revenue.  The FBI is decided to root out some of these frauds so monetary markets stay a degree enjoying discipline.  As proven at the moment, the FBI will discover fraudulent actors regardless of the place on this planet they’re situated and search to carry them again to the USA to face the results of their actions in our federal prison justice system.”

As alleged within the Indictment unsealed in Manhattan federal courtroom:^[1]

Background on Hedge Fund-1 and the FX Markets

In any respect related instances, PHILLIPS was the co-founder and co-Chief Funding Officer of a hedge fund based mostly in the UK (“Hedge Fund-1”), which was a worldwide “macro” fund that centered on macroeconomic developments and rising markets, international foreign money change (“FX”) markets, and foreign money and commodity merchandise.  Hedge Fund-1 was in any respect related instances a registered commodity pool operator with the Commodity Futures Buying and selling Fee (the “CFTC”) and PHILLIPS was himself registered with the CFTC as properly.

The FX market is a worldwide market wherein individuals commerce currencies in pairs.  In a foreign money pair, every foreign money is valued relative to the opposite, and the ratio that expresses the worth of 1 foreign money towards the opposite is known as the “change price” or the “price.”  FX “spot” trades contain one get together agreeing to obtain a selected foreign money in change for delivering a special foreign money, at an agreed-upon value and amount. 

The $20 Million One Contact Choice

In late October 2017, Hedge Fund-1 bought a “one contact” digital choice for the USD/ZAR foreign money pair that was set to run out on January 2, 2018.  The choice had a notional worth of $20 million and a barrier price of 12.50 ZAR to USD (the “$20 Million One Contact Choice”).  Beneath the phrases of the $20 Million One Contact Choice, if the USD/ZAR change price went under the speed of 12.50 at any level previous to January 2, 2018, Hedge Fund-1 could be entitled to a $20 million fee.  Hedge Fund-1 subsequently allotted a portion of the $20 million notional worth to a shopper (“Shopper Fund-1”), thereby entitling Shopper Fund-1 to obtain $4,340,000 within the occasion that the $20 Million One Contact Choice was triggered.

Different monetary establishments have been get together to the transaction:  Hedge Fund-1 bought the $20 Million One Contact Choice by a monetary companies agency (“Middleman Agency-1”) that facilitates trades on behalf of underlying purchasers; a subsidiary of a financial institution headquartered in Manhattan, New York (“Financial institution-1”) was obligated to pay the $20 million within the occasion the $20 Million One Contact Choice was triggered; and a financial institution headquartered in Manhattan, New York (“Financial institution-2”) acted as Hedge Fund-1’s prime dealer in reference to the $20 Million One Contact Choice.

Hedge Fund-1 and Financial institution-2 entered right into a letter settlement that set forth the phrases and circumstances of the transaction.  This letter settlement supplied that Hedge Fund-1 could be “appearing in good religion and in a commercially affordable method” because the “Calculation Agent” in reference to the $20 Million One Contact Choice and that Hedge Fund-1 would decide whether or not a barrier occasion occurred in good religion and in a commercially affordable method.

PHILLIPS Deliberately Manipulates the USD/ZAR Fee on Boxing Day 2017

With the $20 Million One Contact Choice set to run out in a matter of days with out having been triggered, on December 26, 2017 (Boxing Day), PHILLIPS engaged in a scheme to deliberately and artificially manipulate the USD/ZAR price to drive the speed under 12.50 and set off fee beneath the $20 Million One Contact Choice.  PHILLIPS precipitated and sought to trigger the USD/ZAR change price to fall under 12.50 by participating in FX spot trades wherein he precipitated tons of of hundreds of thousands of USD to be exchanged for ZAR.  PHILLIPS engaged on this USD/ZAR FX spot buying and selling for the categorical goal of artificially driving the USD/ZAR price under 12.50.  On December 26, 2017, within the hours that adopted the completion of the USD/ZAR FX spot buying and selling directed by PHILLIPS, the USD/ZAR price as soon as once more elevated and returned to ranges above the 12.50 barrier and didn’t go under that price for the rest of the day.

Specifically, in the course of the span of lower than an hour between shortly earlier than midnight London time on December 25, 2017 (Christmas day), and roughly 12:45 a.m. London time on December 26, 2017 (Boxing Day), PHILLIPS personally directed a Singapore-based worker (“CC-1”) of a financial institution (“Financial institution-3”) to promote, on behalf of Hedge Fund-1, a complete of roughly $725 million USD in change for roughly 9,070,902,750 ZAR.  In the course of the course of that roughly one-hour interval, PHILLIPS, by his buying and selling, precipitated the USD/ZAR price to fall considerably till the speed went slightly below 12.50.  As quickly as PHILLIPS had achieved his goal and the USD/ZAR price fell under 12.50 because of PHILLIPS’ manipulative spot buying and selling exercise, PHILLIPS instantly directed that CC-1 stop buying and selling.  PHILLIPS supplied buying and selling directions to CC-1 by Bloomberg chat messages whereas PHILLIPS was situated in South Africa and whereas CC-1 was situated in Singapore.  In these Bloomberg chat messages, PHILLIPS explicitly directed CC-1 to proceed promoting till the USD/ZAR price fell under 12.50 and PHILLIPS expressly said that PHILLIPS’ goal in directing these trades was to drive the USD/ZAR price under 12.50 stating, amongst different issues, “my goal is to commerce via 50,” “[n]eed it to commerce via 50. 4990 is okay,” and “[g]et it via.”  As soon as PHILLIPS was knowledgeable by CC-1 that the USD/ZAR had traded at under 12.50, PHILLIPS instantly instructed CC-1 to “cease” buying and selling and requested for proof “of the print.”

PHILLIPS Causes the Fraudulent Triggering of the $20 Million One Contact Choice

Minutes after PHILLIPS artificially precipitated the USD/ZAR change price to fall under 12.50 by his manipulative buying and selling, PHILLIPS instructed one other worker of Hedge Fund-1 (“CC-2”) to inform Middleman Agency-1 that the $20 Million One Contact Choice had been triggered.  According to PHILLIPS’ directive, CC-2 contacted an worker of Middleman Agency-1 to substantiate that the $20 Million One Contact Choice had been triggered and, in so doing, omitted the truth that the triggering occasion – the USD/ZAR price falling under 12.50 – had occurred because of the manipulation of the USD/ZAR change price by PHILLIPS.  Moreover, Financial institution-2, which was serving as Hedge Fund-1’s prime dealer in reference to the $20 Million One Contact Choice and with whom Hedge Fund-1 had executed the related letter settlement governing the transaction, required affirmation from each the executing dealer and from Hedge Fund-1 that the $20 Million One Contact Choice had, in truth, been triggered.  On this regard, on or about December 27, 2017, an worker of Hedge Fund-1 notified Financial institution-2, that “[t]he under choice degree of 12.50 was hit yesterday” and sought to course of fee in reference to the triggering of the $20 Million One Contact Choice.  This illustration by Hedge Fund-1 to Financial institution-2 that the $20 Million One Contact Choice had been triggered likewise omitted the truth that the triggering occasion – the USD/ZAR change price falling under 12.50 – had occurred because of the manipulation of the USD/ZAR change price by PHILLIPS.

On account of the fraudulent triggering of the $20 Million One Contact Choice by PHILLIPS, Hedge Fund-1 finally acquired a wire switch of $15,660,000 and Shopper Fund-1 acquired a wire switch of $4,340,000. 

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PHILLIPS, 52, of the UK, is charged with one depend of conspiracy to commit commodities fraud, which carries a most sentence of 5 years in jail; one depend of commodities fraud, in violation of Title 7, United States Code, Sections 9(1) and 13(a)(5), which carries a most sentence of 10 years in jail; and one depend of conspiracy to commit wire fraud and one depend of wire fraud, every of which carry a most sentence of 20 years in jail. 

The statutory most sentences are prescribed by Congress and are supplied right here for informational functions solely, as any sentencing of the defendant can be decided by a decide. 

Mr. Williams praised the investigative work of the FBI.  He additionally thanked the Justice Division’s Workplace of Worldwide Affairs, in addition to authorities in Spain.  Mr. Williams additional thanked the Commodity Futures Buying and selling Fee for his or her cooperation and help on this investigation.

This case is being dealt with by the Workplace’s Securities and Commodities Fraud Process Power. Assistant United States Legal professional Noah Solowiejczyk is answerable for the prosecution.

The allegations within the Indictment are merely accusations, and the defendant is presumed harmless until and till confirmed responsible.