Did SEBI Uncover a Leak of Confidential Information from BofA Regarding a 2024 Block Trade?
Synopsis
Key Takeaways
New Delhi, Jan 8 (NationPress) The Securities and Exchange Board of India (SEBI), which oversees capital markets, has reportedly discovered that a unit of Bank of America (BofA) improperly disseminated sensitive non-public information about a $180 million block sale and misled investigators, according to a recent report.
SEBI's show-cause notice issued in November accuses the bank's deal team of revealing price-sensitive information related to a 2024 sale of Aditya Birla Sun Life AMC shares to staff members outside the execution team. Furthermore, the bank allegedly provided misleading statements to investigators, as reported by the Wall Street Journal, which cited sources familiar with the situation.
The regulatory body also criticized the bank for not having sufficient measures in place to safeguard against leaks of confidential transactions in the capital markets. In response to SEBI's allegations, Bank of America is preparing a reply and is expected to pursue a multi-million-dollar settlement without admitting or denying any wrongdoing.
In India and several other markets, sharing non-public information prior to official announcements is illegal, as those with access can exploit expected price shifts for profit. The bank has since revised its previous statements to SEBI and provided documentation illustrating communications between non-deal team personnel and investors, the report indicated.
Neither Bank of America nor SEBI immediately commented on the report.
Previously, the Wall Street Journal reported a whistleblower complaint regarding the leak in 2024, but a bank spokesperson denied the allegations, asserting that no evidence supported the claims.
In November 2023, the Reserve Bank of India imposed fines on Bank of America based on its authority under various sections of the Foreign Exchange Management Act (FEMA).
The bank faced penalties for failing to comply with reporting requirements under the Liberalised Remittance Scheme of FEMA 1999.
Additionally, in September, the market regulator penalized Rahul Sharma, CEO of Swan LNG and a designated individual of Swan Corp (formerly Swan Energy Limited), for violations concerning insider trading.
SEBI's investigation determined that Sharma executed trades and contra-trades in Swan Corp shares from September 1 to November 30, 2023, yielding illicit profits amounting to Rs 30.25 lakh.
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