Foreign Exchange Fraud
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Foreign exchange fraud is any trading scheme used to
defraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
traders by convincing them that they can expect to gain a high profit by trading in the
foreign exchange market The foreign exchange market (forex, FX, or currency market) is a global decentralized or over-the-counter (OTC) market for the trading of currencies. This market determines foreign exchange rates for every currency. By trading volume, ...
. Currency trading became a common form of fraud in early 2008, according to Michael Dunn of the U.S.
Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an Independent agencies of the United States government, independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures contract, fut ...
. The foreign exchange market is at best a
zero-sum game Zero-sum game is a Mathematical model, mathematical representation in game theory and economic theory of a situation that involves two competition, competing entities, where the result is an advantage for one side and an equivalent loss for the o ...
, meaning that whatever one trader gains, another loses. However, brokerage commissions and other
transaction cost In economics, a transaction cost is a cost incurred when making an economic trade when participating in a market. The idea that transactions form the basis of economic thinking was introduced by the institutional economist John R. Commons in 1 ...
s are subtracted from the results of all traders, making foreign exchange a negative-sum game.


US government interventions

In August 2008, the CFTC set up a special task force to deal with growing foreign exchange fraud. In January 2010, the CFTC proposed new rules limiting leverage to 10 to 1, based on "a number of improper practices" in the retail foreign exchange market, "among them solicitation fraud, a lack of transparency in the pricing and execution of transactions, unresponsiveness to customer complaints, and the targeting of unsophisticated, elderly, low net worth and other vulnerable individuals". In 2012, Christopher Ehrman, an SEC veteran, was selected to run the new SEC Office of the Whistleblower.


Types of fraud

Frauds might include churning of customer accounts for the purpose of generating commissions, selling software that is supposed to guide the customer to large profits,SOFTWARE VENDOR CHARGED
CFTC News Release 4789-03, May 21, 2003
improperly managed "managed accounts",
Forex Advisory Firm and Trade Risk Management Firm Charged With Fraud
false advertising,
Commodity Futures Trading Commission (CFTC) Release: 4946-0
Ponzi scheme A Ponzi scheme (, ) is a form of fraud that lures investors and pays Profit (accounting), profits to earlier investors with Funding, funds from more recent investors. Named after Italians, Italian confidence artist Charles Ponzi, this type of s ...
s, and outright fraud.Forex Fraud Investor Alert
".
North American Securities Administrators Association The North American Securities Administrators Association (NASAA), founded in Kansas in 1919, is the oldest international investor protection organization. NASAA is an association of state securities administrators who are charged with the respo ...
, accessed January 12, 2008
Foreign Currency Fraud Action
Commodity Futures Trading Commission (CFTC) vs. Donald O’Neill
It also refers to any retail forex broker who indicates that trading foreign exchange is a low risk, high profit investment.FOREX Advisory
Commodity Futures Trading Commission's FOREIGN CURRENCY TRADING FRAUDS


Increase in fraud

The U.S.
Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an Independent agencies of the United States government, independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures contract, fut ...
(CFTC), which regulates the foreign exchange market in the United States, has noted an increase in the amount of unscrupulous activity in the non-bank foreign exchange industry. Between 2001 and 2006, the CFTC has prosecuted more than 80 cases involving the defrauding of more than 23,000 customers who lost . From 2001 to 2007, about 26,000 people lost in forex frauds.


Not beating the market

The foreign exchange market is a
zero-sum game Zero-sum game is a Mathematical model, mathematical representation in game theory and economic theory of a situation that involves two competition, competing entities, where the result is an advantage for one side and an equivalent loss for the o ...
in which there are many experienced, well-capitalized professional traders (e.g. working for banks) who can devote their attention full-time to trading. An inexperienced retail trader will have a significant information disadvantage compared to these traders. Retail traders are undercapitalized. Thus, they are subject to the problem of
gambler's ruin In statistics, gambler's ruin is the fact that a gambling, gambler playing a game with negative expected value will eventually go Bankruptcy, bankrupt, regardless of their betting system. The concept was initially stated: A persistent gambler wh ...
: in a "fair game" (one with no information advantages) the player with the lower amount of capital has a higher probability of going bankrupt than a high-capital player. The retail trader always pays the bid/ask spread which makes their odds of winning less than those of a fair game. Additional costs may include margin interest or, if a spot position is kept open for more than one day, the trade may be "resettled" each day, each time costing the full bid/ask spread. In some variations of forex trading, the customers do not obtain normal
fungible In economics and law, fungibility is the property of something whose individual units are considered fundamentally interchangeable with each other. For example, the fungibility of money means that a $100 bill (note) is considered entirely equ ...
futures, but instead make a contract with some named company. Even if the company claims to act as their "forex dealer", it is financially interested in making the retail customer lose money. The contract is directly between the customer and the pseudo-dealer, so it is an off-exchange one; it cannot be normally registered and traded on
futures exchange A futures exchange or futures market is a central financial exchange where people can trade standardized futures contracts defined by the exchange. Futures contracts are derivatives contracts to buy or sell specific quantities of a commodity or ...
s. Although it is possible for a few experts to successfully
arbitrage Arbitrage (, ) is the practice of taking advantage of a difference in prices in two or more marketsstriking a combination of matching deals to capitalize on the difference, the profit being the difference between the market prices at which th ...
the market for an unusually large return, this does not mean that a larger number could earn the same returns even given the same tools, techniques, and data sources. This is because the arbitrages are essentially drawn from a pool of finite size; although information about how to capture arbitrages is a nonrival good, the arbitrages themselves are a
rival good In economics, a good is said to be rivalrous or a rival if its consumption by one consumer prevents simultaneous consumption by other consumers, or if consumption by one party reduces the ability of another party to consume it. A good is consid ...
. In analogy: the total amount of
buried treasure Buried treasure is a literary trope commonly associated with depictions of pirates, alongside Vikings, criminals, and outlaws in the Old West. According to popular conception, these people often buried their stolen fortunes in remote places ...
on an island is the same, regardless of how many treasure hunters have bought copies of the
treasure map A treasure map is a map that marks the location of buried treasure, a lost mine, a valuable secret or a hidden locale. More common in fiction than in reality, "pirate treasure maps" are often depicted in works of fiction as hand drawn and cont ...
.


High leverage

By offering high leverage, some
market maker A market maker or liquidity provider is a company or an individual that quotes both a buy and a sell price in a tradable asset held in inventory, hoping to make a profit on the difference, which is called the ''bid–ask spread'' or ''turn.'' Thi ...
s encourage traders to trade extremely large positions. This increases the trading volume cleared by the market maker and increases their profit, but increases the risk that the trader will receive a
margin call ''Margin Call'' is a 2011 American drama film written and directed by J. C. Chandor in his feature directorial debut. The principal story takes place over a 24-hour period at a large Wall Street investment bank during the initial stages of the ...
. While professional currency dealers such as banks and
hedge fund A hedge fund is a Pooling (resource management), pooled investment fund that holds Market liquidity, liquid assets and that makes use of complex trader (finance), trading and risk management techniques to aim to improve investment performance and ...
s tend to use no more than 10:1 leverage, retail clients may be offered leverage up to 1000:1.


Fraud by country

To aid with transparency, some regulatory authorities openly publish the following: list of regulated companies/firms, warnings to regulated companies, cases opened against regulated companies, fines levied to regulated companies, revocation of companies license as well as general news announcements.


United Kingdom

The
Financial Conduct Authority The Financial Conduct Authority (FCA) is a financial regulatory body in the United Kingdom. It operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financi ...
(FCA) website lists guides to aid with avoiding fraud/scams as well as public list of warnings recorded by the FCA. * Official FCA Investment Firm Warning List * Online guide on how to avoid scams * FCA Guide on how to report a scam * FCA Investment Scam support website * FCA News on Investment Firms


Cyprus

The
Cyprus Securities and Exchange Commission The Cyprus Securities and Exchange Commission, () better known as CySEC, is the financial regulatory agency of Cyprus. As an European Union, EU Member state of the European Union, member state, CySEC's financial regulations and operations comply ...
(CySEC) provides public access to information regarding the process fo
how to obtain a CIF authorisation
as well as listing the current and past CySEC authorised companies. * List of current 'Cyprus Investment Firms' (CIFs) * List of former Cyprus Investment Firms * List of issued CySEC Warnings * List of announced Board Decisions (including fines)


Convicted scammers

* Russell Cline * Russell Erxleben * Sterling Currency Group * Joel N. Ward * WinCapitaHelsinki Times
Over 700 criminal complaints on WinCapita -Finnish police, August 13, 2008


See also

* Boiler room * Bucket shop *
Foreign exchange market The foreign exchange market (forex, FX, or currency market) is a global decentralized or over-the-counter (OTC) market for the trading of currencies. This market determines foreign exchange rates for every currency. By trading volume, ...
* Forex scandal *
Fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
*
Gambler's conceit Gambler's conceit is the fallacy described by behavioral economist David J. Ewing where a gambler believes they will be able to stop a risky behavior while still engaging in it. The gambler's conceit frequently works in conjunction with the gamb ...
*
Gambler's ruin In statistics, gambler's ruin is the fact that a gambling, gambler playing a game with negative expected value will eventually go Bankruptcy, bankrupt, regardless of their betting system. The concept was initially stated: A persistent gambler wh ...
* High-yield investment program


References


External links


US Commodity Futures Trading Commission Forex Fraud Advisory
{{Fraud, Forex LC Fraud=Rollover LC Foreign exchange market Finance fraud Confidence tricks Cyberbullying Fraud