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NYSE Halts Transparency, Feels Goldman Program Trading Disclosure Is Unnecessary

Tyler Durden's picture


In a move set to infuriate and send many Zero Hedge readers over the top, the NYSE has taken action to make sure that nobody will henceforth be able to keep track of the complete dominance that Goldman Sachs exerts over the New York Stock Exchange. This basically ends our weekly Program Trading updates disclosed every Thursday indicating that Goldman has singlehandedly captured all of NYSE's program trading.

In an information memorandum released on June 24 (09-31), the NYSE Regulation team has announced the Decommissioning of the Daily Program Trading Report (DPTR).

From the memo:

The New York Stock Exchange LLC (“NYSE”) will be decommissioning the requirement to report program trading activity via the Daily Program Trading Report (“DPTR”), which was previously approved by the Securities and Exchange Commission (the “Commission”).1 The last trade date for which member organizations will be required to file the DPTR with the Exchange will be July 10, 2009 and therefore the last required date to submit the DPTR will be July 14, 2009.

In the 2007 rule filing, the Exchange proposed to eliminate DPTR. The 2007 filing noted that there was some duplication between the DPTR data and the audit trail information that member organizations provide to the Exchange via account-type indicators at the time that they submit program trades to the Exchange... [A]fter consulting with the SEC, the Exchange announced that it would delay implementation of the two redefined account type indicators, and pending such implementation, member organizations would be required to continue filing the DPTR with the Exchange. The current delayed implementation date of the redefined J and K account type indicators is June 30, 2009. Accordingly, the Exchange still requires member organizations to submit DPTR.

The Exchange has filed with the SEC to implement the decommissioning of the DPTRrequirement following the July 10, 2009 trade date. Accordingly, the last required submission of the DPTR will be on July 14, 2009, which is the second business day after the last trade date for which the DPTR is required.

In addition, in connection with the decommissioning of the DPTR, the Exchange will not be implementing the proposed redefined program trading account type indicators (J and K) and will continue to use the existing J and K audit trail account types. Upon further analysis and based on industry input, the Exchange has determined that these redefined account type indicators do not enhance the regulatory audit trail because the proposed redefined J and K could subsume some of the other, more granular account type indicators that the Exchange currently receives. Accordingly, the Exchange has determined not to redefine the J and K account types in the manner previously proposed, and is instead leaving the J and K account-type definitions unchanged.

The Exchange further notes that it will use the existing account type indicator data – which captures program trade information for those orders sent to and executed on the Exchange – to report to the Commission on a weekly basis the program trading statistics for portions of program trades executed on the Exchange. Accordingly, beginning on July 23, 2009, the Exchange will provide the Commission with its weekly statistics on program trading based on account type indicator data rather than DPTR data. Similarly, at the same time, the weekly statistics regarding program trades that the Exchange provides to media outlets will also be derived from account type indicator data rather than the DPTR.

Basically this is the beginning of the end of unmodified data transparency. Going forward the NYSE will provide whatever data it feels comfortable, after sufficient internal "audits," and media outlets such as Zero Hedge, which had presented its millions of readers the only data point about Goldman's complete encroachment of not only NYSE but Program Trading, will be henceforth unreliable and likely will present no useful information at all.

This is a travesty, as well as a complete obliteration and a mockery of the move for transparency that the Administration, Regulators and Exchanges have been posturing they support.

We advise all readers to contact the provided staff on the memorandum and voice your incredulity with this brazen move to completely obfuscate Goldman's behind-the-scenes take over the world's biggest stock exchange.

Robert Airo, Senior Vice President, NYSE Euronext at (212) 656-5663 or
Aleksandra Radakovic, Vice President, NYSE Regulation at (212) 656-4144



hat tip Greg


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Tue, 06/30/2009 - 13:39 | 3089 Anonymous
Anonymous's picture

So much for transparency

Tue, 06/30/2009 - 13:40 | 3090 Anonymous
Anonymous's picture

Wall Street = Crooks

The government which ever party is in power is in bed with Wall Street.

Stop paying the hidden tax that is wall street.

Tue, 06/30/2009 - 13:41 | 3091 Anonymous
Anonymous's picture

What did anyone expect? Niederauer is ex GS...

Tue, 06/30/2009 - 15:11 | 3141 Anonymous
Anonymous's picture

SEC lackey convey the big firms' displeasure to the SEC and other "regulators" via their most trusted and best compensated conduit, while in the meantime making shorting impossible. And after all, who really reads boring legal memos these days... aside from other special interest groups at the SEC of course.

t would be safe to say that between their extensive Wall Street interests, the two lawyers might appear to represent anything but a fair and unbiased perspective on the real troubles that ail Wall Street. As for the latter, which just 3 months ago was in cardiac arrest, why not have an old

Tue, 06/30/2009 - 13:42 | 3093 Anonymous
Anonymous's picture

It seems that all odds are against retail investors. Any comments that can help retail investors is greatly appreciated!

Basically, fundamentals are out of the window when possibilities are in, and the ibanks are sitting on a mountain of cash, so they can move the market and distort the technical analyses. By the way, shorting the market is extremely difficult with the rules and state street. Accounting books are cooked.

What can we do?

Tue, 06/30/2009 - 14:38 | 3125 Anonymous
Anonymous's picture

i can't see why any retail "investor" would want to be in this type of market....anyone "investing" in these markets are speculators and as always caveat emptor applies "with conviction"

Tue, 06/30/2009 - 13:42 | 3094 Woodshedder
Woodshedder's picture

Aleksandra didn't answer her phone for me, but I left her a message.

Tue, 06/30/2009 - 13:43 | 3095 Anonymous
Anonymous's picture

Not good news, BUT on the other hand I'd hazard a guess that ZH has touched a GS nerve ;-) Keep probing...

Pete - who really wants his own login to work.

Tue, 06/30/2009 - 13:45 | 3097 zeropointfield (not verified)
zeropointfield's picture

The NYSE is a complete farce, which is as fraudulent as the rest of the gang it serves.
Just had a look this morning at the DJIA and the S&P 500 graphs from yesterday. I thought I am seeing double: They look exectly the same!
I guess it's the algorithm - or and odd data problem (not).

Tue, 06/30/2009 - 13:48 | 3101 Anonymous
Anonymous's picture

No such thing as ex-GS.

Tue, 06/30/2009 - 15:08 | 3137 Anonymous
Anonymous's picture

ex GS or dead?

Tue, 06/30/2009 - 13:50 | 3102 mezcal
mezcal's picture

'bout time to take my ball and go home.

Tue, 06/30/2009 - 13:52 | 3103 Anonymous
Anonymous's picture

I worked at McKinsey, they are the same way, yet far more secretive, as they are privately owned. Former McKinsey partners are at every level of government, and many of them are now CEOs of major firms around the world.

Tue, 06/30/2009 - 13:53 | 3104 Anonymous
Anonymous's picture

Hmmm, didn't the NYSE CEO work at Goldman for 22 years?

Tue, 06/30/2009 - 13:53 | 3106 shargash
shargash's picture

If find a basketball analogy to be most helpful: Goldman Sachs is the Haarlem Globetrotters, we are the Washington Generals. Any attempt on our part to play real basketball will be put down ruthlessly. Our only real options are to be "straight men" to Wall Street hijinks, or to not play the game.

Tue, 06/30/2009 - 13:54 | 3108 Anonymous
Anonymous's picture

If I can't see what they are doing with my money, they won't get it. Otherwise, it's just a Madoff Ponzi scheme.

Tue, 06/30/2009 - 13:55 | 3109 rahbii
rahbii's picture

I'm gonna see if I can figure out how to cheat on my taxes from now on. Or maybe just move to Canada. Fook these mobster TARP singling crooks!

Tue, 06/30/2009 - 13:58 | 3110 Anonymous
Anonymous's picture

Alex and Bobby didn't answer my calls either, so I left them both messages stating not only my disbelief, but my unhappiness!

Tue, 06/30/2009 - 14:03 | 3111 Steak
Steak's picture


Tue, 06/30/2009 - 14:09 | 3112 quant-this
quant-this's picture

How else do we expect the government to hide it's PPT purchases?

Just in time to screw me on my short trades again, and just when it was becoming profitable again. Tomorrow we try again so look for a nice afternoon rally to completely screw me.

Personally I'm tempted to turn the computers off and just join them by buying some cheap out of the money SPY calls (on sale now for 22-24% IV), cause you know that without transparency and low volume PPT is going in big time.

Tue, 06/30/2009 - 14:10 | 3113 gammaman
gammaman's picture

"The [NYSE] and all their tribe... really think it is terrible that the securities business should be made [transparent] rather than a refined and intricate form of fleecing." [Paraphrased from a 1933 letter regarding the Investment Bankers Association]

Tue, 06/30/2009 - 14:18 | 3115 max2205
max2205's picture

BHO's Email address if you care to bombard him as I have since they mistakenly emailed me asking me to 'roll up my ...'

Tue, 06/30/2009 - 14:30 | 3120 ShankyS
ShankyS's picture

Another move signaling the end I fear. This is like admitting this thing is so big, so bad and the hole is so deep they have no other options. Shut the public out. We just got owned. It appears the pace of the fraudster's actions is picking up, which is not good sign either.

If you missed it Prag Cap did a nice post
IMO the Martin Armstrong piece is unbelieveable.

Tue, 06/30/2009 - 14:37 | 3124 bluedobie
bluedobie's picture

I'm done with it. screw em

Tue, 06/30/2009 - 14:38 | 3126 gammaman
gammaman's picture

BTW, we're having two separate comment strings evolve between old and new ZH site. TD, any way to consolidate?

Tue, 06/30/2009 - 14:43 | 3127 Anonymous
Anonymous's picture

this speaks to the influence of zh....boycott the nyse....anyone playing in these markets is a speculator anyway which is just a hair's width from gambling....

let them play by themselves....there are other ways of truly investing money....this is so like the crack up of the soviet union....believe me they are desparate just like the last days of the french monarchy and the kremlin...

Tue, 06/30/2009 - 14:49 | 3130 Socrates
Socrates's picture

Fearing a jury might be shown public data, the criminal returns to the scene of the crime and wipes it clean.


Tue, 06/30/2009 - 14:50 | 3131 Comrade de Chaos
Comrade de Chaos's picture

What about em market integrity? F. lunatics, are they willing to lose the little reputation they have? Somehow I am not surprised that they are losing the market share to their competitors.

Tue, 06/30/2009 - 14:56 | 3133 Bubby BankenStein
Bubby BankenStein's picture

This is just another bad omen of how fowl reality is.

When the situation is so desperate that PR must move into and manipulate markets so as to con the public into believing media PR that everything is ok, it is like a 180 decibel klaxon signaling danger.

This is a political ploy employing investment banks and other insiders as PR tools. Of course, part of the deal is that the insiders get to keep the spoils of this manipulation. Any thing that is opposite the program will be destroyed to the extent possible - nothing personal at all, except your money.

Your only hope is to be on the correct side of their program.

Tue, 06/30/2009 - 14:56 | 3134 JohnKing
JohnKing's picture

Just change the name of the NYSE to "Area 51 Bucket Shop".

They pulled the same stunt with foreign interest reporting on Treasuries. Pretty soon we won't be able to pull stock quotes, just BELIEVE US, all is well.

Tue, 06/30/2009 - 15:04 | 3136 Anonymous
Anonymous's picture

Welcome to Zimbusabwe!!

Tue, 06/30/2009 - 15:09 | 3139 Anonymous
Anonymous's picture

Change you can only believe in. Ha.

Tue, 06/30/2009 - 15:21 | 3144 Anonymous
Anonymous's picture
Tue, 06/30/2009 - 15:21 | 3145 Anonymous
Anonymous's picture

Tyler - you should really talk to someone who actually works in program trading before you go off and incite riots amongst your rabid followers with misinformation.

The exchange will still publish the data - and it will probably be better quality data, since it will be captured directly by the NYSE upon order entry, rather than relying on the brokerage houses to submit the data themselves on the DPTRs. One type of data that certainly will not get lost in the shuffle is the principal data you love so much. If anything will show up less, it's "customer facilitation" orders, which are crossed off-exchange.

-Kid Dynamite (and no - i have no affiliation with, or love for, the NYSE or GS)

Tue, 06/30/2009 - 16:51 | 3205 Anonymous
Anonymous's picture

Agree, there is tendency to shoot from hip... still, I'll believe it when I see it (the weekly NYSE report after July 14th, that is). At same time, two-tier regulatory approach and systemic wide effort to reduce transparency (SLP, dark pools, IOIs, etc.) has led to an undermining of public trust in capital markets... this is not good for the market long run. Bankers shooting themselves in the foot.

Tue, 06/30/2009 - 15:24 | 3147 Anonymous
Anonymous's picture

The only way to win is to remove funds from your bank accounts (crippling fractional reserve banking), sell out of the markets and take physical possession of silver and gold.

Protesting is useless, writing to them is useless, therefore the best solution is not to play. If a fraction of the people employed this tactic, there would be runs at the COMEX, which would lead to a serious event that would question the integrity of the entire financial system.

Don't worry though, the backdoor defaults of the metals market will happen soon enough.

Tue, 06/30/2009 - 15:27 | 3149 Anonymous
Anonymous's picture

"chains you can BEREAVE in."

Tue, 06/30/2009 - 15:28 | 3150 economessed
economessed's picture

I guess you can react to the destruction of free, fair and open markets by calling someone and complaining.

But I'm going to fold-up my equity trading account and stay out. I'll buy more guns and ammunition with the money I'm not longer going to spend on commissions.

Guns and ammunition, people.

Tue, 06/30/2009 - 15:29 | 3152 Anonymous
Anonymous's picture

this is an eastern european solution....

maui73 from hungary

Tue, 06/30/2009 - 15:32 | 3154 VFR
VFR's picture

In London two years ago I met two GS staff over dinner and gave my thoughts on the impending crash and possible market manipulation . I was not the most popular person that evening and was accused of spoiling the evening with my dour predictions. My retort then and is now, "at least I only spoilt dinner, how many lives will you spoil?" They were oblivious to it all. Probably still are in their insulated manipulative world. Jealousy I'm sure!

Tue, 06/30/2009 - 15:35 | 3157 Anonymous
Anonymous's picture

this is an eastern european solution....

maui73 from hungary

Tue, 06/30/2009 - 15:36 | 3158 Anonymous
Anonymous's picture

Tyler - you should really talk to someone who actually works in program trading before you go off and incite riots amongst your rabid followers with misinformation. The exchange will still publish the data - and it will probably be better quality data, since it will be captured directly by the NYSE upon order entry, rather than relying on the brokerage houses to submit the data themselves on the DPTRs.

One type of data that certainly will not get lost in the shuffle is the principal data you love so much. If anything will show up less, it's "customer facilitation" orders, which are crossed off-exchange. -Kid Dynamite (and no - i have no affiliation with, or love for, the NYSE or GS)

Tue, 06/30/2009 - 15:47 | 3163 VegasBD
VegasBD's picture

Is it possible GS made them stop doing the report BECAUSE of zerohedge? Be curious to know that answer...

Tue, 06/30/2009 - 16:03 | 3179 agrotera
agrotera's picture

Could we make a petition for information on the presidents working group's activities based on the FOIA?

Tue, 06/30/2009 - 18:12 | 3229 Anonymous
Anonymous's picture

Tyler, What can folks do to protest besides post flames on this board? Whom can we write or call? Listing a problem without proposing a remedy is useless.


Wed, 07/01/2009 - 01:29 | 3436 Printfaster
Printfaster's picture

These people are arrogant because they control us. They make the money. They own you.

Die in poverty suckers. I am Goldman and I rule the world.

Fri, 07/03/2009 - 00:26 | 4351 Anonymous
Anonymous's picture

Monopolies are illegal. They can be attacked by competitors who are harmed, or the government. Can GS payoff everyone to maintain their monopoly?

Wed, 08/19/2009 - 04:43 | 40815 Anonymous
Anonymous's picture

thank you
duly noted
i shall now return to reading HG Wells
"The Shape of Things to come" 1933

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