FINRA has reached a settlement with Interactive Brokers, a member since 1995, over allegations of rule violations related to free-riding in customer cash accounts. The firm accepted a Letter of Acceptance, Waiver, and Consent (AWC) as part of the resolution, without admitting or denying the findings.
From October 2015 to December 2022, Interactive Brokers failed to identify more than 4.2 million instances of free-riding in options and issued options transactions. Free-riding occurs when securities are purchased and sold without full payment, violating Regulation T of the Federal Reserve Board and FINRA Rules 4210 and 2010.
Scrutiny over Free-Riding Detection
FINRA determined that the firm's automated surveillance system did not detect free-riding in options. Required freezes on accounts engaging in such activity were therefore not imposed.
The investigation also highlighted deficiencies in the firm’s supervisory systems and written supervisory procedures (WSPs). According to FINRA, these systems lacked measures to ensure compliance with regulations designed to prevent free-riding.
Interactive Brokers Settles with $2.25 Million Fine
Interactive Brokers agreed to a censure and a $2.25 million fine. The firm has since updated its surveillance systems and WSPs to address the identified deficiencies.
This settlement concludes the matter. The firm has waived its right to further procedural steps, and FINRA will include the disciplinary action in its public records.
Interactive Brokers told Finance Magnates that “Interactive Brokers is pleased to have resolved this matter and takes its compliance responsibilities seriously.”
tastytrade Fined $30K for Supervision Lapses
Earlier, FINRA imposed a $30,000 fine on tastytrade, a retail trading platform and US subsidiary of IG Group, for failing to properly supervise its employees' outside securities accounts between July 2021 and June 2023. The firm allegedly failed to maintain adequate supervision of 84 outside securities accounts belonging to 35 employees, as reported by Finance Magnates.
The investigation revealed delays in reviewing employee trading activities, with 25 accounts left unchecked until the fourth quarter of 2021. Notably, 14 accounts went unreviewed until June 2023, when FINRA conducted a cycle examination. FINRA also found deficiencies in tastytrade's written supervisory procedures for tracking mandatory reviews.