Kiting is a term that broadly refers to fraudulent financial practices employed in banking and securities. The primary aim of kiting is to gain unlawful benefits through the manipulation of funds or the creation of artificial market activities. This article delves into the specific methods employed in banking and securities kiting, discusses the concept of float, and highlights the associated legal consequences.
Kiting in Banking
Definition and Mechanisms
Banking Kiting typically involves two main fraudulent activities:
- Check Kiting: This practice involves depositing a check from one bank account to another in a different bank, and drawing checks against the deposited amounts before the checks clear. This is done to take advantage of the “float” period—the time it takes for the checks to be processed and cleared.
- Altering Check Figures: Another form of kiting in banking is fraudulently altering the figures on a check to increase its face value after it has been issued.
The Concept of Float
The “float” period represents the delay between the time a check is deposited and when the funds are actually transferred from the payer’s account to the payee’s account. Check kiters exploit this delay to temporarily inflate their balance and cover overdrafts.
Kiting in Securities
Manipulative Trading
Securities Kiting, on the other hand, involves driving stock prices to artificially high levels through manipulative trading methods. This typically includes:
- Artificial Trading Activity: Creating an illusion of high demand by the buyer and seller working together and using the same funds. This can result in a temporary spike in stock prices, misleading other investors.
Legal Aspects and Consequences
Both forms of kiting are illegal and subject to severe penalties. Financial institutions and regulatory bodies such as the SEC (Securities and Exchange Commission) closely monitor suspicious activities to detect and prevent kiting schemes.
Historical Context
Historically, kiting became notorious during the periods of less regulated banking and trading environments. Modern advancements in electronic banking and financial regulations have significantly reduced the incidence of kiting, though it still poses risks.
Examples
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Banking Kiting Example: An individual deposits a check from Bank A to Bank B. Before the check from Bank A clears, the individual writes a check from Bank B to Bank C. The float period provides them with fictitious funds that they use for other transactions.
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Securities Kiting Example: Two traders collude to place trades between each other using the same funds, creating an illusion of high trading volume and artificially driving up the stock price.
Applicability and Prevention
In Modern Banking
- Monitoring: Advanced algorithms in banking software monitor transaction patterns to detect kiting activities.
- Regulations: Stringent laws and regulations mandate reporting of suspicious activities and ensure compliance.
In Securities Trading
- Surveillance: Financial markets employ sophisticated surveillance systems to identify and investigate potential manipulative trading.
- Transparency: Greater transparency and disclosure requirements help in preventing securities kiting.
Related Terms
- Check Kiting: A specific type of kiting in banking, involving the manipulation of float periods between multiple bank accounts.
- Securities Fraud: Encompasses various illegal activities in the trading environment intended to deceive investors.
FAQs
How can individuals protect themselves from kiting?
What penalties do perpetrators of kiting face?
References
- U.S. Securities and Exchange Commission. (n.d.). Investor Information. Retrieved from SEC.gov
- Federal Deposit Insurance Corporation (FDIC). (n.d.). Preventing and Addressing Fraud. Retrieved from FDIC.gov
Summary
Kiting represents deceptive practices aimed at exploiting the banking system and securities trading mechanisms for unlawful gain. While technological advancements and stringent regulations have curtailed the prevalence of kiting, continued vigilance and awareness remain critical in the financial landscape.
