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And Now For Something Unexpected - The SEC Probing Market Manipulation By Advanced Trading Systems

Tyler Durden's picture




From Bloomberg:

Sept. 10 (Bloomberg) -- The U.S. Securities and Exchange Commission is “rigorously” investigating whether traders are using technology to manipulate markets, the agency’s enforcement and inspections chiefs said today.

 

The regulator is probing suspected “market manipulation based on complex use of technology and advanced trading systems,” said SEC Enforcement Director Robert Khuzami and acting examinations director John Walsh in testimony prepared for a Senate Banking Committee hearing. They mentioned the inquiry among a list of pending cases, also including unspecified Ponzi schemes, hedge-fund abuses and insider trading.

Apparently the "if we provide liquidity, you must acquit" defense does not work all that well.

Readers can watch Khuzami and Walsh live here.




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Thu, 09/10/2009 - 15:18 | Link to Comment AnonymousMonetarist
AnonymousMonetarist's picture

News breaks with the cycles.

Fri, 09/11/2009 - 05:04 | Link to Comment Spartacus
Spartacus's picture

The insider says the following.

"After a nice meeting on a weekend,with boobs and booze in plenty, the senior SEC official understood the ramification of increasing public anger towards the "dark shit holes" named GS and so on. He agreed to act as a ""safety valve""". A safety vavlve is used to release the excess pressure(unmanageble pressure,I wonder why are they afraid of careless Americans). A very important announcement will be made followed by lot of exchange of body fluid. At the end, nothing. SOBS. I am surprised that with almost 1/4 of the population in poverty the great nation of US of A has not shot these hookers. 

Fri, 09/11/2009 - 05:06 | Link to Comment Spartacus
Spartacus's picture

The insider says the following.

"After a nice meeting on a weekend,with boobs and booze in plenty, the senior SEC official understood the ramification of increasing public anger towards the "dark shit holes" named GS and so on. He agreed to act as a ""safety valve""". A safety valve is used to release the excess pressure(unmanageble pressure,I wonder why are they afraid of careless Americans). A very important announcement will be made followed by lot of exchange of body fluid. At the end, nothing. SOBS. I am surprised that with almost 1/4 of the population in poverty the great nation of US of A has not shot these hookers. 

Thu, 09/10/2009 - 15:18 | Link to Comment Sardonicus
Sardonicus's picture

Investigations already concluded.

Here is the official announcement:

http://www.youtube.com/watch?v=_8NOxoZ3rZc

Thu, 09/10/2009 - 15:46 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:48 | Link to Comment Dogfather
Dogfather's picture

Dude on the right reminds me of Elliot Spitzer, slightly less bald.

Thu, 09/10/2009 - 15:18 | Link to Comment Mediocritas
Mediocritas's picture

Do they actually have the expertise on deck to even have a clue?

Thu, 09/10/2009 - 15:34 | Link to Comment Deficient Market
Deficient Market's picture

No, but I'm sure they'll use this as another excuse for why their $1bil budget is so puny.

Thu, 09/10/2009 - 18:22 | Link to Comment Timmy Geithner
Timmy Geithner's picture

A billion dollar budget is puny for what they're being asked to police.  Seriously, a $billion doesn't hire you enough of the high priced legal and financial experts they'll need to address the sophisticated scams going on.  And if you don't believe me, just ask are the TARP tards who think that bonuses should flow because they DESERVE it.  

Fri, 09/11/2009 - 01:11 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:40 | Link to Comment Tax Man
Tax Man's picture

Good question. The way most people on this site have been compeeting in telling how stupid you must be if you work for SEC, who wants to stay if there is other options?

Thu, 09/10/2009 - 15:42 | Link to Comment Mediocritas
Mediocritas's picture

Haha, with grammar and spelling like that you must work for the SEC.

Fri, 09/11/2009 - 06:07 | Link to Comment Tax Man
Tax Man's picture

You prove my point. English is my second foreign language.

Fri, 09/11/2009 - 07:40 | Link to Comment bbbilly1326
bbbilly1326's picture

they'll find a "rogue computer" and shut it down........case closed.

Thu, 09/10/2009 - 15:19 | Link to Comment deadhead
deadhead's picture

is "rigorously" replacing "robust"?  or is "robust" exclusive to the commish?

anyways, question for Messrs. Khuzami and Walsh: did you read about this first on ZH or was it the Schumer memo (he probably read it on ZH first)?

 

Thu, 09/10/2009 - 15:30 | Link to Comment Veteran
Veteran's picture

nah, SEC was misquoted.  'rigor-mortisly'  

Thu, 09/10/2009 - 15:31 | Link to Comment taraxias
taraxias's picture

LOL

Thu, 09/10/2009 - 15:36 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:19 | Link to Comment MountainHawk
MountainHawk's picture

This is going to be like when the judge ordered teh fed to reveal the recievers of the emergency funds...

"Everyone move along, nothing to see here..."

Thu, 09/10/2009 - 15:24 | Link to Comment What_Me_Worry
What_Me_Worry's picture

They will probe HFT with the same excellence that they used for their Madoff probe.

 

Thu, 09/10/2009 - 21:04 | Link to Comment You Cant Handle...
You Cant Handle the Truth's picture

+1 for truth

Thu, 09/10/2009 - 15:26 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:51 | Link to Comment JohnKing
JohnKing's picture

Yeah, the colo deal is a bit obvious.

Thu, 09/10/2009 - 21:20 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:26 | Link to Comment primus
primus's picture

What a joke. Is Ken Lewis going to tip Shaperio another $33 mil for good service this time around?

Thu, 09/10/2009 - 15:26 | Link to Comment Ruth
Ruth's picture

Maybe they finally got an interview with Sergey (after they had Tyler explain to them what he said), wow they just might start learning something about the real market.

Thu, 09/10/2009 - 16:11 | Link to Comment Careless Whisper
Careless Whisper's picture

Tyler getting soft. Why no "tag" for Goldman Sachs under the headline?

Thu, 09/10/2009 - 15:32 | Link to Comment TumblingDice
TumblingDice's picture

three months from now we see Johnny 5 and Bender being escorted to prison to serve 30 year prison sentences as the fall guys.

Thu, 09/10/2009 - 17:35 | Link to Comment E Thomas St.
E Thomas St.'s picture

Bender quoted as saying "Bite my shiny metal ass"

Thu, 09/10/2009 - 15:31 | Link to Comment Deficient Market
Deficient Market's picture

This too shall soon be settled for under $50mill

Thu, 09/10/2009 - 15:32 | Link to Comment tradertim
tradertim's picture

im curious...just how much money does it take to manipulate any particular market?

when i make a $50,000 trade, it doesn't seem to make the nasdaq go up or down so apparently a measly $50,000 isn't enough to manipulate anything.

Thu, 09/10/2009 - 15:34 | Link to Comment Sardonicus
Sardonicus's picture

based on decreasing participation in the markets daily, it may not be long before $50k does the job

Thu, 09/10/2009 - 15:38 | Link to Comment tradertim
tradertim's picture

hmmmmm....maybe thats why the nasdaq started going up at 3:30. my trade. :))

Thu, 09/10/2009 - 16:32 | Link to Comment Missing_Link
Missing_Link's picture

Because I'm frontrunning you.  Noob.

Thu, 09/10/2009 - 15:37 | Link to Comment economessed
economessed's picture

Reposted:

Ever wax nostalgic for open outcry?

So much money and resources poured into exploiting weakness in the electronic trading landscape in the name of untethered greed, yet we can't figure out how to educate 30% of our kids about subjects like basic math.

Our priorities are 180 degrees out of phase with what we need to do to survive as a society.

Thu, 09/10/2009 - 15:37 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:39 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:41 | Link to Comment jdun
jdun's picture

Translaton: You SOB didn't give us bribes.

Thu, 09/10/2009 - 15:45 | Link to Comment What_Me_Worry
What_Me_Worry's picture

September 17th....Crossing my fingers

Thu, 09/10/2009 - 15:49 | Link to Comment Miles Kendig
Miles Kendig's picture

Apparently the "if we provide liquidity, you must acquit" defense does not work all that well.

Only if the SEC comes out in the end and says they found anything.  Asking the SEC to find something wrong with what amounts to the foundation of trading liquidity, for the moment anyway (and hence their operating revenue) is like asking the SEC to actually investigate a ponzi scheme handed to it on a silver platter.  Over and over and over again.

Everything I have seen from the SEC for as long as I have been looking at them only substantiates my view that the SEC is completely compromised and is beyond salvaging.

Thu, 09/10/2009 - 17:39 | Link to Comment E Thomas St.
E Thomas St.'s picture

I think one of the ways to salvage it is to hire people barred from secuirities, give them cash rewards for finding impropriety, and collect those rewards from those being bad.

It's like being an Ethical Hacker for finance.

Or just poach Poly Sci majors with an axe to grind.

Fri, 09/11/2009 - 04:21 | Link to Comment Miles Kendig
Miles Kendig's picture

I like your first idea with a twist.  Place the folks you suggest in charge of departments & teams at the agency and then staff them with draftees with the so called "professional" regulators operating independently.  Anyone that wants a career in the industry spends 3 of their first 10 years and 3 more years once they have reached 45 years of age or later at the agency and at the agencies discretion.  Reintroduce the concept of national service to Wall Street specifically and the securities industry generally.  The first period of service being waved with 3 or more years of honorable active duty military service for their nation of citizenship.  Make sure that a bona fide GS-1801/10 (criminal investigator) is attached to each operational team so that there is complete interoperability between the SEC, FBI & U.S. Attorney.  Then base their compensation upon the impropriety discovered based not only on the total cash basis, but on a scale of severity of offense discovered and halted.  Some activities may have little direct cash involvement, but have tremendous impact on the operations of markets.

"Ethical Hacker", hehe.  Ya.  Except use this as a training ground for those that are going to be assigned later in various areas of cyber security.  Make the candidates demonstrate that they can hack the financial  and associated planets and uncover actionable intelligence while pressure testing these candidates in the life so to speak..

Color me ignorant or stupid.  Usually the joke is on me regardless.  I cannot be help thinking that the financial system specifically & civil society generally require the reintroduction of the idea of the venerability of both cops & robbers for the whole system to work.  The idea that markets are efficient without a check on the human capacity of greed & the unconstrained exercise of power has been conclusively proved false.  And is in fact hazardous in the extreme to the whole of society, civil and otherwise.

I apologize for the copious use of space.

Fri, 09/11/2009 - 01:15 | Link to Comment Anonymous
Fri, 09/11/2009 - 04:37 | Link to Comment Miles Kendig
Miles Kendig's picture

Wow.  Thanks Anon.

I gotta say that Robo's cookies & very occasional cake pics are simply sauce for the chart goose which I find the most interesting part of Robo's work.  Ya.  I am a 100% disabled vet so there it is.  I know Andy has attempted to crack this space to some effect...

Perhaps if you can talk Marla into giving me the access with her assistance I might be willing to develop a cake & cookies addition to the ZH lineup.  This might provide a needed service to the ZH readership during the now nearly inconsequential periods of the day after 10:00 and before 3:30.

Thu, 09/10/2009 - 15:51 | Link to Comment Anonymous
Thu, 09/10/2009 - 15:52 | Link to Comment ricky663
ricky663's picture

IMO, the machines (computers) at the large investment banks are in full control now. And they say "stock markets up." Stock values have completely decoupled from fundamentals at this point in time. Even stocks in companies (such as C, AIG, COF, DHI) that don't make any money, appreciate in this market. Investing in the fully manipulated casinos called the US stock markets is a 100% win, if you are long now. The markets are going up .6-.8% every day!! That is a 182% annualized appreciation in values, based on my crude calculations. My question is, how long can these propped up markets maintain this pace? Will they ever correct?

I finally capitulated today, and bought some SSO as a hedge...

Thu, 09/10/2009 - 16:57 | Link to Comment deadhead
deadhead's picture

"My question is, how long can these propped up markets maintain this pace? Will they ever correct?"

Actually, an easy question to answer.  Please go to your favorite stockchart site and pull up a graph of the stock market since, 1920 or so.  Look at it for a few minutes. You'll get your answer.

PS...here's a little hint.  the situation we are in is different than the majority of recessions that we have had (inventory based).  pay close attention to the graph of the period from 1929 to 1932 or so.

Thu, 09/10/2009 - 15:56 | Link to Comment Assetman
Assetman's picture

I sense the following SEC press release in the offing:

After an extensively thorough investigation, we are taking legal action against the firm of Biggy Smalls HFT, Inc. (aka "Smalls") of market manipulation, a violation of SEC statute Sec "blah, blah, blah".

We estimate that the total value traded in question that surrounds these violations totals no less than $1.3 million.  Because several investors are likely to have been adversely impacted in obtaining fair execution by Smalls' HFT front running actions in CIT, FMN, and C-- we are seeking a penalty not to exceed $1,300.

We will continue to be vigilant in detecting and preventing such egergious forms of market abuse, except in such cases where providing an essential liquidity function takes place.  In such cases, we will continue to give the liquidity provider the benefit of the doubt.

Sincerely,

Mary T. Shapiro

Grand Poo-bah Czar

Security and Exchange Commission

Washington, D.C. 20012

The SEC: We may not have much bang for the buck... but we're still bangin'!

 

Thu, 09/10/2009 - 16:04 | Link to Comment Careless Whisper
Careless Whisper's picture

Well this investigation shouldn't be that hard. They can start with a phone call to Assistant U.S. Attorney Joseph Facciponti. He seems rather familiar with manipulating markets in unfair ways.

Thu, 09/10/2009 - 16:09 | Link to Comment Anonymous
Fri, 09/11/2009 - 08:09 | Link to Comment bbbilly1326
bbbilly1326's picture

found rogue computer(s) and shut em down ?

Thu, 09/10/2009 - 16:17 | Link to Comment curbyourrisk
curbyourrisk's picture

Any findings will be accompanied by $12.50 fines, a slap on the wrist and a "please dont do it again" (wink wink).

Thu, 09/10/2009 - 16:30 | Link to Comment Commander Cody
Commander Cody's picture

I note a modicum of cynicism in the comments on the story.  It appears there is no trust in the viracity of the SEC to investigate HFT.  Shouldn't we just give them a chance before judging so harshly?  It isn't fair to pre-judge the outcome.  Apparently, TD is giving them the benefit of the doubt, or not.

Thu, 09/10/2009 - 16:59 | Link to Comment deadhead
deadhead's picture

commander....you may want to get back in that hot rod lincoln and find your lost planet.

as the new sheriff in town, Schapiro has already blown her chance.  sure didn't take long.

Thu, 09/10/2009 - 17:40 | Link to Comment Lionhead
Lionhead's picture

ROFLOL deadhead!! Commander, "It isn't fair to pre-judge the outcome."  Since when have any of these folks been concerned about being fair. Good God man, get a hold of yourself!

Thu, 09/10/2009 - 17:19 | Link to Comment Anonymous
Thu, 09/10/2009 - 16:35 | Link to Comment Anonymous
Thu, 09/10/2009 - 16:54 | Link to Comment Anonymous
Thu, 09/10/2009 - 18:36 | Link to Comment Anonymous
Thu, 09/10/2009 - 19:56 | Link to Comment Budd Fox
Budd Fox's picture

aaaaaawwwww....come on!

SEC investigating what?? they don't have a damn clue...

Thu, 09/10/2009 - 22:59 | Link to Comment californiagirl
californiagirl's picture

BTW, I know someone in the enforcement division of the SEC in San Francisco.  I have been passing her articles from Zero Hedge since I discovered your website in July.  While she is not high up on the totem pole, she has been passing along the information.  She also told me that she attended a meeting on Goldman Sachs, which pretty much ranks them alongside Satan.  She admits that the SEC needs better financial investigators or much more training to really go after these types of problems effectively.  The difficulty is in attracting qualified people to the SEC in the first place, particularly in the higher management positions.  So what we need is for a bunch of Zero Hedge types (competent, ethical, with a backbone, and willing to tell interfering congressional and other government bureaucrats where to go) to take over the SEC management positions and go to town, or at least provide some substantial training.  If they end up giving the job to the FED, then they have let the fox into the henhouse.  I did say ethical and with a backbone, after all.

 

Thu, 09/10/2009 - 23:07 | Link to Comment MinnesotaNice
MinnesotaNice's picture

Very interesting... what a different perspective... one from inside the SEC... thanks for sharing   :-) 

Fri, 09/11/2009 - 02:17 | Link to Comment loup garou
loup garou's picture

Well, it’s reassuring to hear the lion (rigorously) roar!

Perhaps the violators will be rigorously tortured, using crude medieval implements like in Braveheart; or worse yet, they might be rigorously fined, amounting to .00000001% of the ill-gotten proceeds…
Either way, the perpetrators are no doubt  trembling rigorously with a deep sense of guilt, despair, and doom!
Or maybe not.

Wall Street has virtually always been able to ‘outsmart’ the regulators. Fines are simply a cost of doing ‘bidness’.

Fri, 09/11/2009 - 03:53 | Link to Comment philmink
philmink's picture

About time - if only it were true.

 

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