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Breaking News: SEC Plans To Ban ‘Flash Trades’ That Give Advance Info To Certain Traders

Tyler Durden's picture





SCHUMER ANNOUNCES THAT SEC PLANS TO BAN ‘FLASH TRADES’ THAT GIVE ADVANCE INFO TO CERTAIN TRADERS

In Personal Call With Schumer, SEC Chair Schapiro Pledges That A Ban On The Controversial Practice Is Imminent

Unfair Practice Gives Certain Traders Advance Knowledge of Buying and Selling Activity, Putting Retail and Institutional Investors At Unfair Disadvantage

Schumer, Having Urged SEC To Curtail Flash Orders In Letter Last Month, Praises Move

WASHINGTON, DC—U.S. Senator Charles E. Schumer (D-NY) announced Tuesday that the head of the Securities and Exchange Commission (SEC) has personally assured him that the agency plans to ban the practice of so-called “flash trading” that gives advance knowledge of stock orders to certain traders. SEC Chairman Mary Schapiro informed Schumer of the imminent ban—which she said would occur as part of a larger look at dark pools and high-frequency trading—in a personal phone call late Monday. The call came in response to a letter Schumer sent last month saying that the SEC should eliminate the practice or else he would offer legislation to do so.

In a statement Tuesday, Schumer praised the decision, adding that he believed the SEC would stay vigilant against future market innovations that might similarly harm transparency in the markets.

“We salute the SEC for moving forward with this ban that will restore integrity to the markets. The agency is absolutely making the right call by stepping up and ending this unfair practice,” Schumer said.

“It is also important to make sure flash orders aren’t just the tip of an iceberg lurking in the dark reaches of the market,” Schumer added. “There is a lot of mystery about what goes on in dark pools and in the realm of high-frequency trading generally. I am confident the SEC will be able to separate valid innovation from other practices that give certain traders an unfair advantage over others.”
                                                                                                                                                              
Flash orders are a type of trade order used in high-frequency trading, a technique that has gained attention recently for contributing to the spike in trading volume and, according to critics, increased volatility on U.S. exchanges. According to one industry estimate, high frequency trading accounted for $21 billion in profits in 2008.

Flash orders allow sophisticated high-frequency traders to gain access to trading information before it is sent out widely to other traders. For a fee, the exchange will “flash” information about buy and sell orders for just a few fractions of a second before the information is made publicly available. These traders, using super-fast computers, can then act on that early information to trade ahead of the pending orders. The practice can influence the pricing of stocks, experts say.

Last week, two major exchanges that offer the service indicated they would go along with a potential ban. Both NASDAQ and the Kansas City-based BATS exchange publicly acknowledged that flash orders can pose an inherent threat to the integrity of the markets. Meanwhile, another provider known as DirectEdge has defended the technique as a necessary source of liquidity for exchanges.




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Tue, 08/04/2009 - 11:51 | Link to Comment silencedogood
silencedogood's picture

Ok, so what about dark pools? Thats the next 300lb gorilla to slay.

-Silence Dogood

Tue, 08/04/2009 - 12:56 | Link to Comment Anonymous
Tue, 08/04/2009 - 11:56 | Link to Comment Steak
Steak's picture

And if someone violates this ban they will be fined 0.00001% of revenues and not have to admit any fault.

But cynicism aside, big ups Mr. Durden on keeping this issue on the frontburner.  Having a flashtrading ban is better than the practice being allowed. 

Tue, 08/04/2009 - 11:58 | Link to Comment Comrade de Chaos
Comrade de Chaos's picture

One small step for TD, one huge step towards efficient & free market!

 

Tue, 08/04/2009 - 12:01 | Link to Comment D.O.D.
D.O.D.'s picture

Is that why goldman dumped for a minute?

No seriously so are we going to see like 100 trades for the day if HFTP's get turned off cuz everyone with any sense has gotten out of the market...check that... ok, I'm getting out of the market now...

Tue, 08/04/2009 - 12:00 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:00 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:02 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:02 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:04 | Link to Comment Pika-Steph
Pika-Steph's picture

This could by why Timmy had meltdown the other day - his buddies at GS aren't going to be able to rape and pillage any more.

Tue, 08/04/2009 - 12:20 | Link to Comment curbyourrisk
curbyourrisk's picture

Pika!!!!!  nice to see you here!!!

Tue, 08/04/2009 - 14:03 | Link to Comment SWRichmond
SWRichmond's picture

Where's Black Swan?

Tue, 08/04/2009 - 12:04 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:05 | Link to Comment Bruce Krasting
Bruce Krasting's picture

Interesting that GS is unch. on this......

Tue, 08/04/2009 - 12:05 | Link to Comment Gilgamesh
Gilgamesh's picture

Congratulations TD (and crew) if this is actually put in place.  Well, grats either way just getting it to this point.

 

Look out Fed.

Tue, 08/04/2009 - 12:05 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:05 | Link to Comment jg
jg's picture

Congrats, TD!

Wow, Chuck S. is doing the right thing; thanks.

Barnie F., time for you to step up to the plate for hoi polloi.

Tue, 08/04/2009 - 12:06 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:10 | Link to Comment erich
erich's picture

How does the Fed use Flash Trading to increase stock prices?  Why would it need flash orders?  Thanks.

Tue, 08/04/2009 - 12:22 | Link to Comment Assetman
Assetman's picture

The Fed is only (indirectly) supplying the underlying capital.  It's the Fed's agents, i.e. Goldman, that are actively using Flash Trading and other dubious platforms to pull off the rest of it.

Tue, 08/04/2009 - 12:55 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:57 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:06 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:10 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:09 | Link to Comment Anonymous
Tue, 08/04/2009 - 13:15 | Link to Comment Bob
Bob's picture

No doubt they'll look for the next rotten log or, better yet, build it. 

That's the nature of Big Money sociopathy hiding behind claims of "free market capitalism" that play so well to the influential affluent crowd and their sycophants (both the cynically indifferent and the simply ignorant factions.)

But that's the game.  It's what sociopaths do.  What counts is that we continue to pursue them and this is a good sign.

CONGRATS, ZH!!!!

Next comes the FED. 

Tue, 08/04/2009 - 12:16 | Link to Comment deadhead
deadhead's picture

Congratulations TD.  As far as I'm concerned, about 99.9% of the credit goes to Zero Hedge.  You should be proud of this accomplishment.  Please reward yourself with a couple of hours of sleep and rest....!

Tue, 08/04/2009 - 12:24 | Link to Comment Veteran
Veteran's picture

Agreed. You're an American Hero, and a damn machine. Take a well deserved rest this weekend, brother.

Next up, tackle the damn commodities exemption granted to GS

Tue, 08/04/2009 - 12:17 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:17 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:19 | Link to Comment Gabriel Gray
Gabriel Gray's picture

Nice work Zero Hedge. Next up, how will they be able to enforce this or just not change things to delay orders, in effect creating the same game.

I mean we are talking about sophisticated software code that is able to do this, again, how will this be stopped and enforced?

Tue, 08/04/2009 - 12:22 | Link to Comment svendthrift
svendthrift's picture

Tyler, you know this is all you, right? In 6 short months you've managed to change public policy in the United States. If you have paypal, I'd be happy to buy you a case of beer. American beer.

 

Tue, 08/04/2009 - 12:23 | Link to Comment Anonymous
Tue, 08/04/2009 - 13:27 | Link to Comment Bob
Bob's picture

I'd recommend Mad Hatter Ale.  It sounds crazy, but it delivers the goods . . . kinda like "Tyler Durden." 

Tue, 08/04/2009 - 14:04 | Link to Comment Gabriel Gray
Gabriel Gray's picture

Ahh, that's givin me an idea for a new homebrew.

Tue, 08/04/2009 - 14:35 | Link to Comment Bob
Bob's picture

Just wanted to advise you that Mad Hatter is actually on the market (and it is exquisite.) 

I'd suggest a co-venture with TD licensing the ZH brand to existing local micro-breweries . . .  

 

Tue, 08/04/2009 - 14:36 | Link to Comment Bob
Bob's picture

<duplicate> 

 

Tue, 08/04/2009 - 12:24 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:32 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:25 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:26 | Link to Comment buzzsaw99
buzzsaw99's picture

There must be another scam in the works.

Tue, 08/04/2009 - 12:26 | Link to Comment Eduardo
Eduardo's picture

Very nicely done !

On the other hand it seems like Goldman is hurrying to settle with the russian guy.

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aGoGWhxi5QEE

 

 

 

Tue, 08/04/2009 - 12:27 | Link to Comment Silver Bullet
Silver Bullet's picture

The SEC also banned naked short selling...

Tue, 08/04/2009 - 12:28 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

one small victory for Zero Hedge, and one giant FUCK YOU to Goldman Sachs and all the other leeches ...

Tue, 08/04/2009 - 12:29 | Link to Comment Assetman
Assetman's picture

It's really sad that someone had to light a fire under Mary Shapiro's ass to get this things moving.

It's equally conforting that Zero Hedge (and agents) are keeping these other issues on the front burner so that reps like Chuck Schumer can keep the fire burning at the SEC.

Between this news and the FDIC's notice for the banks to writedown bad assets, this couldn't have been a good week for Turbo Timmy and Larry the Lounge Lizard.

 

Tue, 08/04/2009 - 12:29 | Link to Comment Dr Hackenbush
Dr Hackenbush's picture

this should be followed by a class action law suit. 

Tue, 08/04/2009 - 14:07 | Link to Comment SWRichmond
SWRichmond's picture

Ding Ding Ding!

Tue, 08/04/2009 - 12:30 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:33 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:40 | Link to Comment Tyler Durden
Tyler Durden's picture

We will gladly scrutinize any "emerging" products.

Tue, 08/04/2009 - 12:33 | Link to Comment Anonymous
Tue, 08/04/2009 - 13:09 | Link to Comment buzzsaw99
buzzsaw99's picture

Yep. GS **is** the government.

Tue, 08/04/2009 - 15:27 | Link to Comment Bob
Bob's picture

It certainly changes the odds on that proposition, doesn't it. 

Speaking of potential bans, anybody know how inverse ETF's are faring?

Tue, 08/04/2009 - 12:35 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:36 | Link to Comment Anonymous
Tue, 08/04/2009 - 13:23 | Link to Comment Bob
Bob's picture

Thank God he now has Marla on his ass and no free time on his hands!

Tue, 08/04/2009 - 13:31 | Link to Comment deadhead
deadhead's picture

I'm a fan of Spitzer in many but not all regards and applaud Eliot's efforts to come back out in the public.  Eliot simply does not have the diverse financial knowledge exhibited by TD, it's just that simple.  I would LOVE for Eliot and TD to make contact and have a chat.  Eliot, please contact TD at tips @zerohedge dot com and take him for a jog in the park

Tue, 08/04/2009 - 13:33 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:36 | Link to Comment mjfitz9
mjfitz9's picture

Congrats TD.  This wasn't even on the radar a while back.  How long til Gasparino claims he broke the story over dinner at Campanogla

Tue, 08/04/2009 - 12:38 | Link to Comment Dr Hackenbush
Dr Hackenbush's picture

Seems to be a false alarm, Shapiro is moonwalking.  Shapiro: “We are looking at the inequities caused by flash trading”  

Translation: “ we will find something innocuous to sight, after the Fed/Goldman led run up is completed and UHC is approved.”

Tue, 08/04/2009 - 13:33 | Link to Comment deadhead
deadhead's picture

mary schapiro will be making a big mistake phucking with Schumer....like him or not, he is near the top of the food chain.

Tue, 08/04/2009 - 12:38 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:44 | Link to Comment Anonymous
Tue, 08/04/2009 - 12:45 | Link to Comment MikeNYC
MikeNYC's picture

Congrats. I'd offer to buy you a beer, but you're Meatpacking and I'm more "Subway Inn."

Nice job.

Tue, 08/04/2009 - 13:02 | Link to Comment Gordon_Gekko
Gordon_Gekko's picture

Next target...The Federal Reserve

Tue, 08/04/2009 - 13:56 | Link to Comment Alexander Supertramp
Alexander Supertramp's picture

Great job TD. WSJ now too, posted 12:56 P.M. ET:

"Ms. Schapiro first announced in a speech in June that she planned to explore possible new regulations for dark pools. She said Tuesday that she believes flash orders can disadvantage some investors, and staff are reviewing flash orders by both exchanges and electronic trading systems as well as dark pools."

Thanks also to the SEC.  More than odd that all SEC-er's mentioned (from Schumer's initial letter on) are women, no?  Mc-Schwing indeed. You go girls!  And thanks for Next Big Thing you're working on too:

http://blog.fi360.com/fi360_blog/2009/07/the-committee-for-the-fiduciary...

Tue, 08/04/2009 - 13:11 | Link to Comment Anonymous
Tue, 08/04/2009 - 13:58 | Link to Comment Anonymous
Tue, 08/04/2009 - 14:18 | Link to Comment MikeNYC
MikeNYC's picture

So, you're either too A) stupid or B) lazy to try out this new thing called 'The Google?'

 

It actually lets you find certain words on the whole big internets. You should look into it.

 

It even found the answer to your word problem in about .02 seconds. It's amazing!

Tue, 08/04/2009 - 14:01 | Link to Comment Artie13
Artie13's picture

These means that now reality can set in and the market can reflect the state of fundamentals and the economy i.e. go down. GS is off the hook if there are no flash orders to blame the downside on.

Tue, 08/04/2009 - 14:32 | Link to Comment Anonymous
Tue, 08/04/2009 - 14:33 | Link to Comment Anonymous
Tue, 08/04/2009 - 14:34 | Link to Comment Anonymous
Tue, 08/04/2009 - 15:04 | Link to Comment Anonymous
Tue, 08/04/2009 - 15:04 | Link to Comment Anonymous
Tue, 08/04/2009 - 15:24 | Link to Comment Dont Taze Me Bro
Dont Taze Me Bro's picture

Well done Tyler!

You are starting a revolution.

Tue, 08/04/2009 - 15:31 | Link to Comment Anonymous
Tue, 08/04/2009 - 16:03 | Link to Comment Anonymous
Tue, 08/04/2009 - 19:55 | Link to Comment savara
savara's picture

Good Job Done !!

Tue, 08/04/2009 - 21:17 | Link to Comment casey
casey's picture

Hate to rain on the parade, but didn't Matt Taibbi write in 'The Great Takeover' about the EU threatening tough regulation:

'The situation worsened in 2004, in an extraordinary move toward deregulation that never even got to a vote. At the time, the European Union was threatening to more strictly regulate the foreign operations of America's big investment banks if the U.S. didn't strengthen its own oversight. So the top five investment banks got together on April 28th of that year and — with the helpful assistance of then-Goldman Sachs chief and future Treasury Secretary Hank Paulson — made a pitch to George Bush's SEC chief at the time, William Donaldson, himself a former investment banker. The banks generously volunteered to submit to new rules restricting them from engaging in excessively risky activity. In exchange, they asked to be released from any lending restrictions. The discussion about the new rules lasted just 55 minutes, and there was not a single representative of a major media outlet there to record the fateful decision.

Donaldson OK'd the proposal, and the new rules were enough to get the EU to drop its threat to regulate the five firms. The only catch was, neither Donaldson nor his successor, Christopher Cox, actually did any regulating of the banks. They named a commission of seven people to oversee the five companies, whose combined assets came to total more than $4 trillion. But in the last year and a half of Cox's tenure, the group had no director and did not complete a single inspection. Great deal for the banks, which originally complained about being regulated by both Europe and the SEC, and ended up being regulated by no one.'

 

I hope this isn't just a pill to calm the masses. 

 

Be vigilant and don't trust the SEC or the government.

 

 

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