Defendant Name: Citibank, N.A.

Defendant Type: Subsidiary of Public Company

Document Reference: 2018-255

Document Details

Legal Case Name In the Matter of Citibank, N.A.
Document Name Citibank to Pay More Than $38 Million for Improper Handling of ADRs
Document Date 07-Nov-2018
Document Format Administrative Proceeding
File Number 3-18886
Allegation Type Broker Dealer
Document Summary On November 7, 2018, the SEC announced in a press release that: "Citibank N.A. has agreed to pay $38.7 million to settle charges of improper handling of "pre-released" American Depositary Receipts (ADRs)." According to the SEC: "Citibank improperly provided ADRs to brokers in thousands of pre-release transactions when neither the broker nor its customers had the foreign shares needed to support those new ADRs. Such practices resulted in inflating the total number of a foreign issuer's tradeable securities, which resulted in abusive practices like inappropriate short selling and dividend arbitrage that should not have been occurring"

Disgorgement & Penalty Information

Resolutions
Cooperation Before the Resolution
Remedial Acts or Efforts Before the Resolution
Monetary Penalties:

Disgorgement

Individual:     $20,900,000.00 Shared:    

Civil Penalty

Individual:     $13,500,000.00 Shared:    

Pre-Judgment Interest

Individual:     $4,200,000.00 Shared:    

Related Documents:

33-10571 07-Nov-2018 Administrative Proceeding
Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 8A of the Securities Act of 1933, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
On November 7, 2018, the SEC instituted cease-and-desist proceedings and determined to accept an Offer of Settlement by Respondent. The SEC stated that: "These proceedings arise out of Citibank's improper practices involving the pre-release of American Depositary Receipts. . . . Contrary to how pre-release transactions were supposed to work, Citibank at times pre-released ADRs to Pre-Release Brokers in circumstances where Citibank was negligent with respect to whether the Pre-Release Brokers, or the parties on whose behalf the pre-release ADRs were being obtained, actually beneficially owned the corresponding number of ordinary shares, as they represented to Citibank in their Pre-Release Agreements."