SEC Ends Investigation against S&P Dow Jones Indices after $9M Settlement

Monday, 17/05/2021 | 16:30 GMT by Arnab Shome
  • The company allegedly published old index values.
SEC Ends Investigation against S&P Dow Jones Indices after $9M Settlement
SEC

The US Securities and Exchange Commission (SEC) has ended an investigation against S&P Dow Jones Indices LLC (S&P DJI) after reaching a settlement for $9 million in a penalty, the regulator announced on Monday. The regulator was investigating the company for publishing old index values for the S&P 500 VIX Short Term Futures Index ER.

Though S&P DJI agreed to the cease and desist order, it neither admitted nor denied the findings of the financial market regulator.

The regulatory order detailed that the S&P 500 VIX Short Term Futures Index ER (Index) published an old index value on February 5, 2018, when CBOE Volatility Index futures contracts spiked 115 percent. The index simply remained static during certain intervals between 4 pm and 5:08 pm that day.

An Undisclosed Feature

Additionally, the SEC specified that the error was due to an undisclosed ‘Auto Hold’ feature, which was triggered if the index value breached a predefined threshold. The undisclosed practice had affected the securities issuers licensing the index.

XIV, an inverse exchange-traded note, uses the S&P index values reported indicative of real-time values that are higher than what they should be because of the undisclosed ‘Auto Hold’ feature, according to the SEC’s allegations.

“Index providers like S&P DJI play a crucial role in the financial markets,” said Daniel Michael, Chief of Complex Financial Instruments Unit at SEC’s Enforcement Division.

“When index providers license their indices for the issuance of securities, as S&P DJI did here, they must ensure that the disclosure of critical features of their products, as well as the publication of real-time values, are accurate.”

S&P DJI highlighted that it cooperated with the SEC in the investigation and is committed to making its benchmarking process more transparent.

“S&P DJI has reviewed its methodologies and its related policies and procedures as part of its index governance processes. The company continues to enhance and strengthen its control framework and operations to meet the needs of its clients and the evolving markets it serves,” the company stated.

The US Securities and Exchange Commission (SEC) has ended an investigation against S&P Dow Jones Indices LLC (S&P DJI) after reaching a settlement for $9 million in a penalty, the regulator announced on Monday. The regulator was investigating the company for publishing old index values for the S&P 500 VIX Short Term Futures Index ER.

Though S&P DJI agreed to the cease and desist order, it neither admitted nor denied the findings of the financial market regulator.

The regulatory order detailed that the S&P 500 VIX Short Term Futures Index ER (Index) published an old index value on February 5, 2018, when CBOE Volatility Index futures contracts spiked 115 percent. The index simply remained static during certain intervals between 4 pm and 5:08 pm that day.

An Undisclosed Feature

Additionally, the SEC specified that the error was due to an undisclosed ‘Auto Hold’ feature, which was triggered if the index value breached a predefined threshold. The undisclosed practice had affected the securities issuers licensing the index.

XIV, an inverse exchange-traded note, uses the S&P index values reported indicative of real-time values that are higher than what they should be because of the undisclosed ‘Auto Hold’ feature, according to the SEC’s allegations.

“Index providers like S&P DJI play a crucial role in the financial markets,” said Daniel Michael, Chief of Complex Financial Instruments Unit at SEC’s Enforcement Division.

“When index providers license their indices for the issuance of securities, as S&P DJI did here, they must ensure that the disclosure of critical features of their products, as well as the publication of real-time values, are accurate.”

S&P DJI highlighted that it cooperated with the SEC in the investigation and is committed to making its benchmarking process more transparent.

“S&P DJI has reviewed its methodologies and its related policies and procedures as part of its index governance processes. The company continues to enhance and strengthen its control framework and operations to meet the needs of its clients and the evolving markets it serves,” the company stated.

About the Author: Arnab Shome
Arnab Shome
  • 7315 Articles
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About the Author: Arnab Shome
Arnab Shome is an electronics engineer-turned-financial editor. He holds a Bachelor of Technology from the National Institute of Technology, Agartala. He entered the retail trading industry about a decade ago, covering the cryptocurrency market for Finance Magnates, and later expanded his coverage to include forex and CFDs as well. His work at Finance Magnates includes C-level interviews, data-driven analysis, opinion pieces, and scoops of industry exclusives. He also contributes to Finance Magnates’ quarterly industry report. Area of coverage: 1. CFD broker-related news 2. Industry-related Regulatory updates and developments 3. New retail trading trends 4. Prop trading industry updates 5. Executive interviews Education: Bachelor of Technology - National Institute of Technology, Agartala (India)
  • 7315 Articles
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