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.
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 |