Monday, December 4, 2023

UPDATED—Trading On Material Non-Public Information: Israel Investigates Pre-Hamas-Atrocities Trading

Update December 5: "Update: "Tel Aviv bourse says no unusual trading ahead of Oct 7 Hamas attack"

Original post: 

From Reuters via U.S. News & World Report, December 4:

Israel investigates possible trading knowledge ahead of Oct 7 Hamas attack

Israeli authorities are investigating claims by U.S. researchers that some investors may have known in advance of a Hamas plan to attack Israel on Oct. 7 and used that information to profit from Israeli securities.

Research by law professors Robert Jackson Jr from New York University and Joshua Mitts of Columbia University found significant short-selling of shares leading up to the attacks, which triggered a war nearly two months old.

"Days before the attack, traders appeared to anticipate the events to come," they wrote, citing short interest in the MSCI Israel Exchange Traded Fund (ETF) that "suddenly, and significantly, spiked" on Oct. 2 based on data from the Financial Industry Regulatory Authority (FINRA)....

....MUCH MORE

Although Reuters doesn't link to the paper, is is available at the SSRN download site:
 
Trading on Terror?
67 Pages Posted: 4 Dec 2023

Robert J. Jackson, Jr.
New York University School of Law
Joshua Mitts
Columbia Law School

Date Written: December 3, 2023

Abstract
Recent scholarship shows that informed traders increasingly disguise trades in economically linked securities such as exchange-traded funds (ETFs). Linking that work to longstanding literature on financial markets’ reactions to military conflict, we document a significant spike in short selling in the principal Israeli-company ETF days before the October 7 Hamas attack. The short selling that day far exceeded the short selling that occurred during numerous other periods of crisis, including the recession following the financial crisis, the 2014 Israel-Gaza war, and the COVID-19 pandemic. Similarly, we identify increases in short selling before the attack in dozens of Israeli companies traded in Tel Aviv. For one Israeli company alone, 4.43 million new shares sold short over the September 14 to October 5 period yielded profits (or avoided losses) of 3.2 billion NIS on that additional short selling. Although we see no aggregate increase in shorting of Israeli companies on U.S. exchanges, we do identify a sharp and unusual increase, just before the attacks, in trading in risky short-dated options on these companies expiring just after the attacks. We identify similar patterns in the Israeli ETF at times when it was reported that Hamas was planning to execute a similar attack as in October. Our findings suggest that traders informed about the coming attacks profited from these tragic events, and consistent with prior literature we show that trading of this kind occurs in gaps in U.S. and international enforcement of legal prohibitions on informed trading. We contribute to the growing literature on trading related to geopolitical events and offer suggestions for policymakers concerned about profitable trading on the basis of information about coming military conflict.

Keywords: Law, finance, trading, terrorism, securities, financing

JEL Classification: G14, K22

SSRN