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America October 18, 2023 2 mins read

Citadel Sues SEC in Eleventh Circuit Over Consolidated Audit Trail Funding

America ı By Rochdi Rais

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Citadel Sues SEC

Citadel Securities LLC has launched a legal battle to contest a recent U.S. Securities and Exchange Commission (SEC) order, filing a petition in the Eleventh Circuit. The order mandates Citadel Securities and other brokerage firms to financially support the development of the consolidated audit trail (CAT), a vital market surveillance tool.

Citadel Securities' stance is supported by the American Securities Association (ASA), a prominent trade group. The ASA asserted its position on Tuesday, emphasizing that the lawsuit was initiated to address widespread concerns raised by investors. These concerns encompass transparency, governance, costs, and data privacy.

At the heart of this legal challenge lies the SEC's decision on September 6 to implement a new funding model for the ongoing construction of CAT. The consolidated audit trail serves as a centralized database for market surveillance, designed to facilitate swift access to market data, thereby enabling the SEC to effectively fulfill its regulatory obligations.

The concept of the CAT project was conceived following the flash crash of 2010, intended to enhance market oversight and monitoring. However, the project's progression has been sluggish. Stock exchanges initially shouldered the financial burden of this initiative, which resulted in complaints that the costs were disproportionately high.

Responding to these concerns, the SEC determined last month that brokerage firms, including Citadel Securities, would also bear the financial responsibility for CAT's development. This decision was made despite opposition from industry trade groups such as the Securities Industry and Financial Markets Association (SIFMA).

Kenneth Bentsen, CEO of SIFMA, expressed his objections following the SEC's vote, asserting that broker-dealers were being compelled to fund the project despite having no involvement in CAT's governance, oversight, or design. Furthermore, they were not expected to receive any direct, tangible benefits from the database's operation.

While Citadel Securities and the ASA have submitted their petition to challenge the SEC's implementation of the new funding model, the specific arguments supporting their case are yet to be presented.

The legal battle between Citadel Securities and the SEC highlights a significant dispute in the realm of financial regulation and market surveillance, which could have far-reaching implications for the industry.

 

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Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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