The Australian Securities and Investments Commission's Markets Disciplinary Panel (MDP) levied a nearly $5 million fine, the highest in the MDP's history, on Macquarie for enabling questionable orders in the electricity futures market during highly volatile periods in 2022.
According to the watchdog, from January to September 2022, Macquarie allowed three clients to place suspicious orders 50 different times. These actions took place in the final trading minutes of each day, benefiting the clients' positions by manipulating settlement prices.
The MDP contended that Macquarie lacked adequate internal controls and surveillance mechanisms to detect and prevent these orders from creating a misleading impression in the market, an issue exacerbated in a post-Ukraine invasion energy landscape.
Joe Longo, ASIC's chair, criticized Macquarie’s conduct, emphasizing how critical it is for key market players to maintain stringent oversight. "Given Macquarie's pivotal role in the energy derivatives market, it has a fundamental duty to prevent suspicious activities," Longo stated.
Despite multiple warnings and six direct communications from ASIC highlighting evident risks, Macquarie failed to act in a timely manner, thereby allowing continued suspicious activity. The violations are particularly concerning given the chaos in global energy markets following Russia’s 2022 aggression against Ukraine.
Reacting to the fine, Macquarie acknowledged its deficiencies. "This situation arose from electronic trades in the electricity futures market by three commercial clients," a spokesperson for the bank admitted. "As the largest facilitator in this space across Australia and New Zealand, we bear significant responsibility."
The bank also mentioned taking immediate remedial actions and is committed to further improvements to its surveillance and monitoring capabilities. "We've introduced measures to escalate and effectively manage suspicious orders going forward," the statement concluded.
This development highlights regulators' increased vigilance and higher expectations for market participants, especially in volatile times and sectors crucial to national interests like energy.
Notably, the original article that elaborated on these infractions appeared under Nathan Schmidt on September 25, 2024.
