ABN AMRO Clearing Chicago Charged With Improper Handling of ADRs

Washington D.C., Feb. 6, 2020

The Securities and Exchange Commission today announced that ABN AMRO Clearing Chicago LLC will pay more than $586,000 to settle charges of improper handling of “pre-released” American Depositary Receipts (ADRs).

ADRs are U.S. securities that represent foreign shares of a foreign company and require a corresponding number of foreign shares to be held in custody at a depositary bank. The practice of “pre-release” allows ADRs to be issued without the deposit of foreign shares, provided the broker receiving them has an agreement with a depositary bank and the receiving broker or its customer owns a number of foreign shares that corresponds to the number of shares the ADRs represent.

The SEC’s order finds that ABN AMRO improperly borrowed pre-released ADRs from other brokers when it should have known that those brokers did not own the foreign shares needed to support those ADRs. The order against ABN AMRO also finds that it failed reasonably to supervise its securities lending desk personnel concerning the borrowing of pre-released ADRs from these brokers.

Without admitting or denying the SEC’s findings, ABN AMRO agreed to return more than $326,000 of ill-gotten gains and pay a $179,353 penalty plus $80,970 in prejudgment interest.

This is the SEC’s 15th enforcement action against a bank or broker arising from its investigation into abusive ADR pre-release practices. In addition, the SEC charged four individuals for their roles in the improper handling of pre-released ADRs. Monetary remedies ordered across all of these cases exceed $432 million. (List of cases)

The SEC’s investigations revealed that misconduct by numerous industry participants had the effect of introducing “phantom” ADRs into the marketplace. At times of high demand for ADRs, or when supply from traditional lending sources was limited, a number of brokers sought pre-released ADRs from intermediary brokers, who obtained them from depositary banks. Many of the brokers seeking the ADRs could not represent that they owned the underlying foreign shares to support a pre-release, and so they used intermediaries, which, in turn, obtained pre-released ADRs under false pretenses, including by providing false certifications. The depositary banks that issued the pre-released ADRs and the brokers who took custody of them should have known that under the circumstances, it was highly unlikely that anyone in the chain of transactions actually owned the requisite underlying foreign shares. The pre-released ADRs that were not backed by ordinary shares were often inappropriately used for trading strategies such as dividend arbitrage or short selling, which could not have otherwise occurred.

“I would like to thank the dedicated staff in the Division of Enforcement for shining a light on, and bringing strong actions against, the abuse of the ADR pre-release process,” said SEC Chairman Jay Clayton. “The pre-release process was designed to accommodate international settlement complexities. It clearly prohibited the uncovered creation of new ADRs. The blatant misconduct identified in these 15 actions had real effects on market pricing. The work of our Enforcement Division should have lasting benefits for retail investors who use ADRs as a way to invest in foreign companies.”

“The practices uncovered in these actions presented significant risks to the integrity of the ADR market,” said Stephanie Avakian, Co-Director of the Division of Enforcement. “U.S. investors who purchase ADRs are entitled to the same protections as investors in any other securities available in U.S. markets.”

https://www.sec.gov/news/press-release/2020-29

Chinese Communist Party Purge Begins over Coronavirus

Beijing has begun sacking local officials in Hubei province over the coronavirus outbreak, including two Communist Party officials who left a teenager with cerebral palsy without care for six days while his family was placed in quarantine. The teenager died as a result of this neglect.

The South China Morning Post reported on Thursday that the victim, Yan Cheng, was 16 years of age at the time of his death. The government of Hongan county, where he lived, issued a report on Saturday that said village officials and local doctors “did not try their hardest to fulfill their duty of care and responsibilities” for him. The mayor of Huajiahe village and its Communist Party secretary were fired, while a number of other officials were told to expect disciplinary measures.

Shortly before Yan Cheng died, his quarantined father Yan Xiaowen was confirmed to be suffering from the Wuhan coronavirus.

“I have two disabled sons. My older son Yan Cheng has cerebral palsy. He cannot move his body, he cannot speak or look after himself. He has already been at home by himself for six days, with nobody to bathe him or change his clothes and nothing to eat or drink,” Yan Xiaowen wrote on social media on January 28. His plea for help was later deleted.

Another post on social media from a support group said Cheng’s aunt was struggling to take care of him, but she was too sick to render all of the care he needed. After Cheng died, Chinese internet users expressed fury at the officials who failed to take proper care of him.

Hu Lishan, deputy secretary of the Communist Party in the city of Wuhan, apologized on Wednesday for the shortage of treatment options and hospital space.

“The public has criticized us a lot … Why? It was because some of our work was not done well. What have we not done well? At present, the contradiction between supply and demand of hospital beds has remained conspicuous,” Hu conceded at a press conference.

https://www.breitbart.com/national-security/2020/02/06/chinese-communist-party-purge-begins-coronavirus/