Andrew J. Ceresney, SEC
The New York Attorney General's office today announced a parallel action, and Deutsche Bank agreed to admit wrongdoing and pay $18.5 million penalties to the SEC and NYAG for a total of $37 million.
"Deutsche Bank claimed to be using ongoing data analysis to rank the dark pools best suited for customer orders when in reality its system failed to actually do this analysis. When broker-dealers tout their material products and methodologies, their statements must be accurate," said Andrew Ceresney, Director of the SEC's Enforcement Division.
According to the SEC's order, Deutsche Bank made materially misleading statements and omissions concerning the Dark Pool Ranking Model feature of one of its order routers, known as SuperX+. The Dark Pool Ranking Model was intended to measure execution quality and liquidity of venues to which it sent orders.
But the SEC's order finds that due to a coding error, Deutsche Bank updated the ranking model just once during a two-year period, causing at least two dark pools to receive inflated rankings and consequently millions of orders that SuperX+ would have sent elsewhere if the system was operating the way Deutsche Bank had described.
The SEC's order also finds that Deutsche Bank manually overrode the rankings on certain occasions and manually assigned fill rates for new venues based on subjective judgment that that turned out to be inconsistent with the venues' actual performance.