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Bucket shop (stock market)

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Through Stock, Commodity and Supreme Court of the United States

A person who engages in the practice is referred to as a bucketeer and the practice is sometimes referred to as bucketeering. Bucket shops were found in many large American cities from the mid-1800s but the practice was eventually ruled illegal and largely disappeared by the 1920s.

Overview

Definition and term origin

According to The New York Times in 1958, a bucket shop is "an office with facilities for making bets in the form of orders or options based on current exchange prices of securities or commodities, but without any actual buying or selling of the property". Bucket shops are sometimes mentioned together with boiler rooms as examples of securities fraud, but they are distinct types. While a boiler room operator seeks to broker actual security trades, the bucket shop's emphasis is on creating the appearance of brokerage activity where none exists.

The term originated from England in the 1820s, when street children drained the beer and liquor kegs that were discarded from public houses. The children sold the alcohol to unlicensed bars, where it was mixed together and sold to unwary patrons. These bars became known as "bucket shops." The idea was transferred to illegal brokers who sought to profit from trading activity that was too small or disreputable for legitimate brokers.

Legality

Bucket shop is a defined term in the many U.S. states that criminalize the operation of a bucket shop. Typically the criminal law definition refers to an operation in which the customer is sold what is supposed to be a derivative interest in a security or commodity future, but there is no transaction made on any exchange. The transaction goes "in the bucket" and is never executed. Because no trading of actual securities occurs, the customer is essentially betting against the bucket shop operator in a game based on abstract security prices. In a bucket shop, the parties agree to imagine themselves as following the events occurring in a real exchange. Alternatively, the bucket shop operator "literally 'plays the bank', as in a gambling house, against the customer".

Bucketing of orders violates several provisions of U.S. securities law. These prohibitions apply to legitimate brokerages as well as bucket shops.

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