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Mismarking

Mismarking is deliberately recording the value of a position or portfolio asset away from what it is worth, to hide a loss, inflate reported performance or raise pay and fees. It should not be confused with marking a sell order long or short under Regulation SHO.

manipulation techniques · updated 2026-09-20

Where does mismarking come up?

This term is used in the following manipulation techniques, each explained in full on its own page.

Enforcement actions involving these techniques

Action Agency Filed Technique Penalty Status
SEC v. Infinity Q Capital Management, LLC (mismarking, 2023) SEC 2023-06-16 Mismarking settled
SEC v. Infinity Q Diversified Alpha Fund (mismarking, 2022) SEC 2022-11-10 Mismarking settled
SEC v. Scott Lindell (mismarking, 2022) SEC 2022-09-30 Mismarking settled
CFTC v. Swap Dealer (mismarking, 2022) CFTC 2022-09-06 Mismarking $2.8m judgment
SEC v. Semper Capital Management, L.P. (mismarking, 2020) SEC 2020-04-28 Mismarking $375k settled

See also

Terms that refer here

Level 3 asset

Back to the full glossary — 261 defined terms.