Sebi accuses Jane Street of dilatory tactics at SAT, says 'investigator is being investigated'

Mumbai: India's capital-markets regulator Tuesday told the Securities Appellate Tribunal (SAT) that Jane Street was resorting to "fishing and roving" and "dilatory tactics" by seeking extensive documents in a case concerning the Wall Street major's trading in the local derivatives market.

Senior Advocate Gaurav Joshi, appearing for the Securities and Exchange Board of India (Sebi), said the regulator had already provided Jane Street with more than 10 GB of data and documents that formed the basis of its interim order. "You answer your conduct, investigation is not your concern. Whatever has been relied upon and used in the interim order has been shared with them (Jane Street)," Joshi said. "If we give everything, it would prejudice our investigation," he said. "My case is simple. I don't have to give any more documents," Joshi said. "Here the investigator is being investigated."

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Last year, on July 3, Sebi had barred Jane Street from trading in Indian markets alleging index manipulation that reportedly involved bank shares and Bank Nifty index futures and options.

The high-frequency trader was told it would be allowed to restart trading if it deposited ₹4,844 crore, which the regulator had estimated to be the "unlawful gains" from the allegedly manipulated trades. Although Jane Street complied with Sebi's order and deposited the amount in an escrow account, it still hasn't resumed trading in the country.

The Sebi counsel argued that the regulator has shared sufficient documents with the Wall Street firm.

"Answer the matter on merits. You are only wasting time on inspection. Maybe, the order is wrong; come and answer it if it is wrong," Joshi said.

Jane Street, however, has sought access to a wide range of documents and records. These include the entire case file, draft documents, examination reports, transcripts and calls between Sebi and Jane Street.

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The firm has also sought emails from the National Stock Exchange relating to the computation of alleged illegal gains.

"How is that relevant?" he asked, referring to emails exchanged between regulators during the investigation.

"This is becoming a farce. You don't want to appear for hearing," Joshi said, urging Jane Street to answer the allegations instead of prolonging inspection of records.