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Investor Alert

Binary options and Fraud

The SEC’s Office of Investor Education and Advocacy and

the Commodity Futures Trading Commission’s Office of

Consumer Outreach (CFTC) are issuing this Investor Alert

to warn investors about fraudulent promotion schemes

involving binary options and binary options trading

platforms. These schemes allegedly involve, among other

things, the refusal to credit customer accounts or reimburse

funds to customers, identity theft, and manipulation of

software to generate losing trades.

Binary Options

Binary options differ from more conventional options

in significant ways. A binary option is a type of options

contract in which the payout will depend entirely on

the outcome of a yes/no proposition.

The yes/no proposition typically relates to whether

the price of a particular asset that underlies the binary

option will rise above or fall below a specified amount.

For example, the yes/no proposition connected to the

binary option might be something as straightforward

as whether the stock price of XYZ company will be

above $9.36 per share at 2:30 pm on a particular day,

or whether the price of silver will be above $33.40 per

ounce at 11:17 am on a particular day. once the option

holder acquires a binary option, there is no further

decision for the holder to make as to whether or not

to exercise the binary option because binary options

exercise automatically. Unlike other types of options,

a binary option does not give the holder the right to

purchase or sell the underlying asset. When the binary

option expires, the option holder will receive either a

pre-determined amount of cash or nothing at all. Given

the all-or-nothing payout structure, binary options are

sometimes referred to as “all-or-nothing options” or

“fixed-return options.”

Binary Options Trading Platforms

some binary options are listed on registered exchanges

or traded on a designated contract market that are

subject to oversight by United states regulators such

as the seC or CFtC, respectively, but this is only a

portion of the binary options market. Much of the

binary options market operates through Internet-based

trading platforms that are not necessarily complying

with applicable U.s. regulatory requirements. The

number of Internet-based trading platforms that offer

the opportunity to purchase and trade binary options

has surged in recent years. The increase in the number

of these platforms has resulted in an increase in the

number of complaints about fraudulent promotion

schemes involving binary options trading platforms.

Much of the binary options market operates

through Internet-based trading platforms that

are not necessarily complying with applicable

U.s. regulatory requirements and may be engag-

ing in illegal activity.