Business Crime & Fraud Services

Business Crime & Fraud

Cum ex

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THE LEGAL 500 2021

The ongoing criminal proceedings in Germany against two British traders (Martin Shields and Nicholas Diable) are the first of what may be many prosecutions and related regulatory investigations across Europe of individuals and financial institutions for their alleged complicity in the conduct or facilitation of cum-ex transactions.

For those suspected of facilitation, the issues under investigation are likely to be the extent to which there was knowledge of an underlying cum-ex transaction and whether there was a breach of integrity requirements.

Corker Binning has advised hedge funds, custodian banks and traders and scheme promoters who enabled or facilitated cum ex trading arising from cum-ex trading in various European countries.