Top court upholds HSBC's acquittal in short-selling case

The Supreme Court has affirmed the acquittal of HSBC's Hong Kong unit in a case related to breaching Korea's short-selling rules, according to wire report <source 59d372ce-ae6>. Prosecutors had indicted the bank in March 2024 for violating the Capital Markets Act, making it the first criminal case of its kind in the nation. This offense involved the practice of naked short selling, which entails selling stocks without first acquiring them or ensuring their availability.

Prosecutors claimed that three employees of the bank had deliberately participated in the illicit naked short selling of shares from nine publicly traded companies, valued at approximately 15.8 billion won ($11.8 million) between August and December 2021. In the initial trial conducted by the Seoul Southern District Court, the bank was cleared of any wrongdoing, as there was insufficient evidence to demonstrate that the employees were aware of their actions being in violation of local regulations.

The appellate court subsequently affirmed the acquittal before it was ultimately decided by the Supreme Court.