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Issues: Whether the stockbroker had executed fictitious and artificial trades amounting to manipulation of the scrip and violation of the securities market regulations, and whether the period of suspension imposed on the certificate of registration required reduction.
Analysis: The trades under scrutiny showed that the same client was both the buyer and seller while the appellant acted as broker for both legs of the transaction. Such self-matched dealings were held to be fictitious because no person can buy from or sell to himself. The trading pattern also showed that an earlier sell order remained pending and was later matched by a buy order at a higher price, which pushed the price upwards and increased volumes. The trading system was not treated as a defence where the order placement pattern itself disclosed artificial and manipulative trading. On the facts, the charge of violation of the relevant stockbroker and FUTP regulations stood established.
Conclusion: The finding of regulatory violation was upheld, but the punishment was reduced to ten days' suspension.
Final Conclusion: The appeal succeeded only to the limited extent of reducing the disciplinary penalty, while the appellant remained found guilty of executing fictitious trades that manipulated price and volume.
Ratio Decidendi: Trades in which the same client is both buyer and seller, resulting in self-matching and upward price movement, constitute fictitious and artificial trading and amount to market manipulation under the securities regulations.