What to Eric Schneiderman's naked eye appears as fraud, Barclays customers apparently understand is just totally legitimate ways of doing business, according to the bank. Therefore, it wants this dark pools lawsuit dismissed and never mentioned again. Not once!
The bank's motion to dismiss the lawsuit against its private trading venue – or "dark pool" – said the attorney general failed to identify any fraud, and did not establish material misstatements, identify victims or actual harm...In a statement from a spokesman, Schneiderman stood his ground, saying the lawsuit detailed how Barclays engaged in "a persistent pattern of fraud and deceit, lying to its investors in order to grow its dark pool." ... Barclays' clients are highly sophisticated traders and money managers who are capable of closely monitoring the quality of their trades based on execution data, not glossy marketing brochures or quotes from magazine articles, the bank said. The allegations are premised on mischaracterizations of documents portrayed in the complaint in a way that removes important information and context Barclays provided about high frequency traders and "aggressive" trading, the bank added. It said sales materials the bank showed clients were misconstrued, in one case making one document appear as if it were two. Seen as one document, Barclays argued a sophisticated investor would fully understand the intricacies of trading on its high-frequency venue known as LX.