According to FINRA, J.P. Morgan Securities LLC was censured and fined $3,000,000 for failing to accurately report short interest positions to FINRA.
Short interest data is important market information that helps investors and regulators understand the level of bearish sentiment and potential short-selling activity in particular securities. Accurate reporting is essential for market transparency.
The firm's inaccurate reporting resulted from multiple causes. In some instances, the firm overreported short interest positions by incorrectly reporting certain customers' positions on a net basis rather than gross basis, incorrectly including positions from stock loan activity, and including transactions related to incorrectly identified external transfers. The firm also overreported positions related to dividend reinvestment activity.
In other instances, the firm underreported short interest by incorrectly excluding positions in Canadian and Latin American securities, excluding positions in over-the-counter foreign securities that were dually listed, and excluding positions in an affiliate's omnibus account.
FINRA found that prior to 2020, the firm did not have a process to periodically review whether accounts were properly included or excluded for short interest reporting purposes. This supervisory gap allowed the reporting errors to persist.
The firm has remediated these issues and implemented appropriate processes. This case demonstrates the complexity of short interest reporting and the importance of firms maintaining comprehensive supervisory systems to ensure accurate regulatory reporting across all types of positions and accounts.