FN: FSA widens insider trading net to derivatives market

01 April 2011

The article claims the FSA has begun investigating the use of credit default swaps as a vehicle for insider trading, requesting information about the possibility of using the derivatives to carry out market abuse in the first instance of a crackdown on insider trading in these types of products.

It is understood that the FSA’s investigation is part of a wider review of insider dealing practices, however it marks a new frontier in the regulator's battle against trading on illegal tips, which had previously focused on the buying and selling of shares.

Ian Mason, regulatory partner at law firm Baker & McKenzie said that a company that could not pay its debts would be able to buy credit default swaps against that organisation and reap huge profits when the default occurred. “Generally, the FSA has focused on equities but this is spreading the net a bit more widely,” he said.

The FSA has never brought a prosecution over the use of derivatives such as CDS to facilitate insider trading.

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