Legal
SEC Charges NY-Based Broker With Overcharging Clients In $18 Million Scheme

The Securities and Exchange Commission has charged New York-based brokerage firm Linkbrokers Derivatives for taking over $18 million in profits from clients by secretly adding hidden markups and markdowns to their trades.
The Securities and Exchange Commission has charged New York-based
brokerage firm Linkbrokers Derivatives for taking over $18
million in profits from clients by secretly adding hidden markups
and markdowns to their trades.
The SEC said Linkbrokers, which ceased acting as a broker-dealer
in April 2013, has agreed to pay $14 million to settle the
charges.
The regulator previously charged four former brokers on the cash
equities desk at Linkbrokers in 2012. Three of them later agreed
to settle by consenting to judgments ordering more than $4
million in disgorgement, plus interest.
The former brokers who previously agreed to settle the charges
are Benjamin Chouchane, Marek Leszczynski and Henry Condron, who
each pleaded guilty to criminal charges. The SEC’s litigation
continues against the fourth former broker, Gregory
Reyftmann.
According to the SEC, certain representatives on Linkbrokers’
cash equity desk defrauded customers by promising them very low
commission fees, but charged fees that in some cases were over
1,000 per cent greater than represented.
“These brokers hid the true size of the fees they were collecting
by misrepresenting the price at which they had bought or sold
securities on behalf of their customers,” the SEC said in a
statement.
“The scheme was difficult for customers to detect because the
brokers charged the markups and markdowns during times of market
volatility in order to conceal the false prices they were
reporting to customers,” it added.
The scheme occurred from at least 2005 to February 2009 and
involved more than 36,000 transactions, with markups and
markdowns ranging from a few dollars to $228,000, the SEC
added.
“This settlement strips Linkbrokers of its remaining assets and
allows those funds to be returned to harmed customers,” said
Daniel Hawke, chief of the SEC enforcement division’s market
abuse unit.
The SEC said that Linkbrokers settled without admitting or
denying the findings, and will withdraw its registration.