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Senator Edward Kaufman Joins Fight Against Market Opacity

Tyler Durden's picture




July 31, 2009
A Level Playing Field For Investors
By Sen. Edward Kaufman

Efficient and free capital markets are essential to all that makes America great: investment in private enterprise, the availability of capital to expand and grow our economy through innovation, and the ability to save for retirement in hope our investments will support us in later years.

Regrettably, we now have an unfair playing field for investors. This leaves us with, in effect, two financial markets: one for powerful insiders, who use high-speed computers and privileged access to information to exploit loopholes for profit, and another for the average investor, who must play by the rules and whose orders are filled almost as an afterthought. This situation simply cannot continue. It is the financial equivalent of "separate and unequal."

Every day we learn more about the features of this two-tier system. Dark pools, collocation of high-speed computers at the exchanges, flash orders. Abusive short selling, the loophole of choice in 2008, was only the first sign of how the powerful on Wall Street make profits unhindered by the rules the rest of us must follow.

Here are just four areas where the SEC needs to act urgently to protect investors and restore market integrity.

First, the SEC should restore the substance of the uptick rule. This rule, a mainstay of investor protection for 70 years until it was repealed in June 2007, required investors simply to pause and to wait for an uptick in price before continuing to short sell. Without such a rule in place, investors who own stocks are more vulnerable to organized "bear raids" - abusive short selling combined with coordinated "misinformation" campaigns - which many believe contributed to the demise of Lehman Brothers and Bear Stearns, key elements in the collapse of our financial markets last year.

Second, the SEC should implement tougher rules that will stop naked short selling through an enforceable system. Naked short selling is the practice of selling stocks without first locating or borrowing the actual shares needed for timely delivery at settlement, sometimes in a concerted action to manipulate a stock price downward. This week, the SEC made permanent a temporary rule they had enacted last fall, proposed some new transparency measures, and announced plans for a Roundtable discussion on September 30.

That is some progress, but not enough. Two months from now, the Commission will finally begin to discuss publicly the potential solutions that I and a bipartisan group of Senators have been urging: either a pre-borrow requirement or a centralized "hard locate" system, which would prohibit short selling unless the executing broker first obtains evidence of a unique identifier number associated with specified shares set aside for timely delivery. The Depository Trust & Clearing Corporation tells us that it has the capacity and the willingness to implement that system - but only if the SEC requires it through a rule.

Third, the SEC should ban the use of so-called "flash orders" by high-frequency traders. Flash orders allow exchange members who pay a fee to get a first look at share order flows before the general public. By viewing this buy and sell order information for just milliseconds before it goes to the wider market, these investors gain an unfair advantage over the rest.

As the New York Stock Exchange complained to the SEC on May 28, selling flash orders for a fee provides "non-public order information to a select class of market participants at the expense of a free and open market system." To use a baseball metaphor, flash orders allow some batters to pay to see the catcher's signals to the pitcher, while the rest of us don't see them. Markets that permit a privileged few to have special access to information cannot maintain their credibility.

Amazingly, it is a loophole in current regulations that allows this unfair practice. This can and should be fixed immediately.

Finally, the SEC should establish disclosure and transparency equality: the disclosure requirements that apply to pooled funds worth greater than $100 million should apply uniformly to all, including hedge funds, for both long and short positions. And the level of transparency for order flows should be the same for all.

When millions of Americans have lost so much money in the stock market, how can we expect them to reinvest their savings when Wall Street players continue to make record trading profits by exploiting loopholes using high-speed computers? William Donaldson, former Chairman of the SEC and the New York Stock Exchange, has said "This is where all the money is getting made . . . If an individual investor doesn't have the means to keep up, they're at a huge disadvantage."

America was founded on the principle of equal opportunity. While we should keep encouraging the kind of commercial ingenuity that fuels the prosperity of our financial markets, we must ensure that technology is not employed to advantage one small group over the rest. The SEC must deliver on investor protection to restore the integrity and credibility of America's financial markets.

Mr. Kaufman is a Democratic senator from Delaware.




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Fri, 07/31/2009 - 17:24 | Link to Comment SWRichmond
SWRichmond's picture

Linky please

Fri, 07/31/2009 - 17:37 | Link to Comment deadhead
deadhead's picture

http://kaufman.senate.gov/press/press_releases/release/?id=2d9be80d-55b2-4d1b-b2c2-aa71b130e1a1

swr..i'm not sure why you would ask a busy guy like TD to supply a link to information provided by a US Senator.  It took me 10 seconds to use a search engine to his senate site to pick up the link.

the link includes expanded remarks from the Senate floor.

 

Fri, 07/31/2009 - 17:47 | Link to Comment SWRichmond
SWRichmond's picture

yeah I found it right after and came back to edit the post and can't edit.

 

Fri, 07/31/2009 - 23:13 | Link to Comment Anonymous
Sat, 08/01/2009 - 15:23 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

you are in the wrong place with this sort of garbage ... please do not try to taint this holy place with your conspiracy shit ...

Fri, 07/31/2009 - 17:25 | Link to Comment phaesed
phaesed's picture

They should just eliminate program trading completely, give tax breaks for traders who are the REAL liquidity providers. Of course, that would just make sense.

Fri, 07/31/2009 - 20:02 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:18 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:26 | Link to Comment Anonymous
Fri, 07/31/2009 - 21:50 | Link to Comment Anonymous
Fri, 07/31/2009 - 22:56 | Link to Comment Anonymous
Sat, 08/01/2009 - 03:10 | Link to Comment Anonymous
Sat, 08/01/2009 - 16:14 | Link to Comment Anonymous
Sat, 08/01/2009 - 18:29 | Link to Comment whacked
whacked's picture

Thanks 'bevo' commentary appreciated.

Sat, 08/01/2009 - 22:03 | Link to Comment NorthenSoul
NorthenSoul's picture

Bevo,

Your post is very much appreciated. I'll use descriptions and data over hysteria and anecdotes any day of the week. I can't pretend understanding every bit of what you worte, but it gives me a starting point to research more.

 

I have one question. You wrote:

IF HFT SHOPS WERE ALLOWED TO TRADE IN THIS SPACE, THE SAVINGS FOR THE NATURAL USERS OF IRS PRODUCTS WOULD BE MASSIVE.

Who's preventing them to do so?

 

Thanks

 

Sat, 08/01/2009 - 22:38 | Link to Comment Anonymous
Sun, 08/02/2009 - 01:44 | Link to Comment Anonymous
Sat, 08/01/2009 - 11:27 | Link to Comment sellside_pov
sellside_pov's picture

True, but in fairness to the general public, what dealers, market makers, hft's do has never been properly articulated.  The economic value never explained in a way that can be understood by people who don't know trading jargon.

Sat, 08/01/2009 - 16:09 | Link to Comment Anonymous
Sat, 08/01/2009 - 21:57 | Link to Comment NorthenSoul
NorthenSoul's picture

They scream precisely because they do not understand...and nobody in the financial press helps them do so. We, humans, are much more afraid of what we don't understand than what we do.

Sat, 08/01/2009 - 22:12 | Link to Comment gammaman
gammaman's picture

NY does have a latency advantage over CA... we have to get up at 4:00AM to be in the office by 5:00AM (earlier if you live in SoCal and have to deal with the traffic) in order to have enough time to drink coffee and skim through FT and WSJ before the bond futures markets open. Then again, we're trading Asia during dinner, and at midnight we're up for the European markets' opening bell. So who is frontrunning who?

Fri, 07/31/2009 - 17:32 | Link to Comment 57-71
57-71's picture

This sounds like progress, I hope these politicians have the balls to make change happen.

Keep hammering away at this ZH, I believe you can effect change.

Fri, 07/31/2009 - 17:58 | Link to Comment GoldmanSux
GoldmanSux's picture

We all have to be doing something by contacting congress. Look at what happened with the clunker cars. The majority who don't pay taxes screamed blue murder that the free money had run out, and within one day, congress has tripled it. We who pay a large and rising percentage of tax have been screaming amongt ourselves and are getting lipservice. To avoid the tyranny of the majority, we each have to blast our congresspersons. No congressperson every took up a cause because it was the right thing, just as no one has returned a rental car washed and waxed.

Fri, 07/31/2009 - 18:00 | Link to Comment deadhead
deadhead's picture

well spoken indeed.  loved the rental car analogy and will add it to the portfolio of economic lessons that I share with my kids and friends.

Fri, 07/31/2009 - 18:09 | Link to Comment GoldmanSux
GoldmanSux's picture

Goddamn, well I declare...

Fri, 07/31/2009 - 19:57 | Link to Comment deadhead
deadhead's picture

...when life looks like easy street there is danger at your door

Fri, 07/31/2009 - 20:27 | Link to Comment Anonymous
Fri, 07/31/2009 - 18:23 | Link to Comment Miles Kendig
Miles Kendig's picture

Please remember that when you blast "folks who don't pay taxes" as a derogatory you are lumping folks like me into the mix.  Folks who went to war and came home 100% disabled and unable to work.  Unless of course you are one of those in our society that believe that if someone is stupid enough to stand & defend then they are lower than the convicted market manipulator or pedophile that has made it to parole and now pays taxes.

Fri, 07/31/2009 - 18:46 | Link to Comment Lothar the Rott...
Lothar the Rottweiler's picture

Thank you for your service and your continued representation of the fine folks who are your comrades in arms and deeds.

Fri, 07/31/2009 - 19:52 | Link to Comment Anonymous
Fri, 07/31/2009 - 19:59 | Link to Comment deadhead
deadhead's picture

thank you for your service paul.  it saddens me tremendously that folks like you became disabled.  I hope your days do nothing but improve as we go forward. good luck to you sir.

Fri, 07/31/2009 - 20:31 | Link to Comment Hank Rearden
Hank Rearden's picture

God bless you Paul. Thank you endlessly for the sacrifices you have made for us and our country. You are a hero. Best of luck in these hard times. My prayers are with you.

Fri, 07/31/2009 - 22:34 | Link to Comment GoldmanSux
GoldmanSux's picture

I sincerely apologize for my thoughtless words. My intention was those who "take" as opposed to those who "give", of which you are one. I respect you and thank you.

Sat, 08/01/2009 - 08:33 | Link to Comment Miles Kendig
Miles Kendig's picture

What makes us here at ZH is our ability to freely engage.  Thank you for listening and reflecting and to the folks here at ZH for providing this most excellent forum.  You have earned my deepest respect for your demonstrated capacity to reconsider your considered opinion.

We are far stronger when we appreciate the ripples our expressed opinion achieves in educating and yes frustrating those that would rather we would just go away.  I appreciate the community in assisting my education in the matters at hand and in accepting the insights I have to offer on related areas in which I do bring a fair understanding.

BTW, I join with DH in getting a good WhoT outta your rental car observation.

Thanks once again.

Fri, 07/31/2009 - 22:59 | Link to Comment agrotera
agrotera's picture

I think he just meant to say, when the public really speaks, Washington DC gets scared.

Thomas Jefferson said something to the effect that when the public is afraid of the government you have tyranny, but when the government is afraid of the people, you have a democracy.

Look what happened when AIG bonus issue hit the airwaves--the same day, the AIG counterparty list came out with GS way up on top with 13BILLION glaring, but the public didn't understand that, but they sure did understand how 165MILLION in bonuses to a banrupt company that was being kept alive by taxpayer money was wrong.

That is why it is so important for the public to be educated on the complex issues at hand, so that the voice of the people will get loud enough for Washington to hear. 

And, i know, some of you will say there is no way to help people understand the issues at hand, but that just isn't so--for example, HFT=frontrunning, how complicated is that.  The WSJ had an article, "Is Wallstreet Picking Your Pockets" to describe HFT, and that was a nice little start.

Sat, 08/01/2009 - 08:36 | Link to Comment Miles Kendig
Miles Kendig's picture

Responsible self government success is predicated upon an educated and engaged electorate.  Much of what is transpiring are efforts designed to fragment and distract our society from the activities of those who would desire to operate in the shadow.

Sunlight is indeed what is needed now.

Fri, 07/31/2009 - 18:25 | Link to Comment SWRichmond
SWRichmond's picture

already wrote and faxed letters.  They hear from me twice a week at least.

Fri, 07/31/2009 - 21:37 | Link to Comment Anonymous
Sat, 08/01/2009 - 09:13 | Link to Comment SWRichmond
SWRichmond's picture

Assuming you are one of the anonys who posted above and are here supporting HFT, here is just one of my concerns.

None of the anonys above (will you folks pick aliases so we can address you individually?) speaks at all about the fundamentals of the underlying companies, the underlying economy, or anything fundamental at all.  The talk is ALL about market mechanics.  Your advanced theoretical trading strategies rely, first and foremost, on the preexistence of capital markets whose initial purpose was to provide a vehicle for enterpreneurs to raise capital.  These entrepreneurs want to actually make a useful product and bring it to market at a competetive price.  They want the capital to build plant, buy equipment, hire employees and build wealth.  These capital markets pre-existed the quants / bright boys / HFT shops, and they will exist when you are gone.

 

In other words, let's be clear: we are not the ones fucking up your markets, YOU ARE THE ONES FUCKING UP OUR MARKETS.  You produce nothing; you are not investors; your money in the markets is unreliable and cannot be thought of as capital.  You come here like goddamned lampreys and attach yourselves to anyplace where money is changing hands and skim off some for yourselves, adding nothing valuable for the effort.  I am virtually certain that, at the first sign of trouble, your boxes would cut your losses, liquidate your positions in less than 25 microseconds, and leave me holding a bag of shit.  Fuck you very much.

 

The only thing shocking here is that you can afford to bribe my senators and congressman, and they are therefore much more likely to listen to you than to me.

Sat, 08/01/2009 - 11:42 | Link to Comment sellside_pov
sellside_pov's picture

Let me explain my reasoning.  I have an alias, so you can pick on me all you want.

There are 2 types of players taking positions in any market.  Investors make trades based on valuations.  Dealers make trades based on anticipation of demand (to buy or sell).  If the market only contained Investors, there would be many points in time when you simply could not trade because there would not be an investor in the market with an offsetting interest.  If the Investor needed to trade urgently, they would have to keep walking thier price up (if buying) or down (if selling) until another Investor would see an opportunity to trade at a huge discount.  Hence, a huge increase in volatility, and prices in the market would be less reliable and informative to the capital markets.

Dealers make bets on future demand and position their books accordingly.  As a result, they can take positions opposite to Investors whenever Investors want.  Dealers have to have a view on demand from Investors.  If they are wrong, they suffer losses.  When they are right they realize gains.  It's no free lunch.  The process does not depend on the timescale involved.  The economics are the same whether we are talking about microseconds, days or years.

A market containing only Investors would be a huge failure.  Both Investors and Dealers are needed, and will always exist, no matter what regulatory changes are made.  You can never regulate people's reason's for trading.

Sat, 08/01/2009 - 17:43 | Link to Comment gammaman
gammaman's picture

Market manipulation was one of many issues for Roosevelt in the 1932 campaign. Emphasis was on stock promotion and full disclosure. For example, in the Columbus Ohio speech in fall 1932: Roosevelt pledged himself to a comprehensive program of securiites law reform. "First... to inspire truth telling, I propose that every effort be made to prevent the issue of manufactured and unnecessary securities of all kinds which are brought out merely for the purpose of enriching those who handled their sale to the public." Second, he proposed federal regulation of securities exchanges and holding companies that sell securities in interstate commerce. Third, he urged the complete divorce of investment and commerical banking. And finally, the candidate recommended prevention of Federal Reserve funds from being used for speculative enterprises.

In 1932 there were 34 stock exchanges, led by the NYSE which accounted for 90 percent of all issued securities transactions. Initial Roosevelt administration drafts of 1934 Act would have provided: (4) floor traders were to be abolished; (5) specialists was to be replaced by exchange personnel who would have no right to trade for own accounts; (6) brokerage houses segregated into (a) brokers and (b) underwriters and dealers.

NYSE effective lobbying response, unified broker-dealers and regional exchanges in opposition and received support from Roosevelt's Treasury and Commerce Departments, Federal Reserve Board, Twentieth Century Fund.

As a result, the 1934 Act was a compromise: (2) broker-dealer segregation transformed to study; (5) floor traders and specialists continued subject to SEC rules.

Source: Joel Seligman, The Transformation of Wall Street: A History of the Securities and Exchange Comission and Modern Corporate Finance (2003); The Obsolescence of Wall Street: A Contextual Approach to the Evolving Structure of Federal Securities Regulation (1995).

My Point: force the segregation (eg, Glass-Steagall) of dealers from brokers, and make firms who act in a agency capacity vs. principal capacity compete in the marketplace. This structural change to the industry would effectively reduce the potential of front-running via HFT (currently the focus of much debate on ZH), thereby reducing if not eliminating suspicions of HFT as a beneficial innovation to industry and customers alike, while at the same time eliminate a myriad of legacy conflicts-of-interests that have exist in the industry and have been debated since FDR campaigned for his first term.

Obviously though, entrenched interests in the industry would fight tooth and nail to prevent such segregation. So sellside_pov, my question to you is whose interests do you have most in mind: the customer or your firm's?

Sun, 08/02/2009 - 01:10 | Link to Comment sellside_pov
sellside_pov's picture

Hmm,

I'm not sure I see how reintroducing Glass-Steagall would have any impact on the HFT market.  I do think we have to do something about this notion that a firm can be "too big to fail", and thus has to recieve a bailout if they can't meet their obligations.  But don't forget that this problem emerged because of the idiocy going on in the fixed income markets.  In a lot of ways a lot of this attention would be better focused on the fixed income business rather than equities.  No large firm went under because of problems in their equities business.  

Firms that have deposits with govt guarantees should be under more strict risk limits.  But at the same time, we need more firms willing to take principal/facilitation risk.  GS has that market cornered and they are making a killing at it, not because they are evil.  Just because there is a lot of demand for risk bids and not a lot of firms willing to step up.

Thanks for posting your source.

 

Sun, 08/02/2009 - 04:23 | Link to Comment gammaman
gammaman's picture

sellside_pov, my raising Glass-Steagall unintentionally became a red herring... (although bringing it up is relevant to other issues).

My point was that the 1934 Act was a compromise. FDR administration at time wanted to segregate brokerage houses into (a) brokers and (b) underwriters and dealers. Industry lobbying at the time prevented that from happening.

I am slowly coming to the conclusion that the innovation of HFT in itself may not necessarily be a bad thing although some legitimate concerns have been raised by Themis, Lime and others which I would like to see addressed (including 90 second latency between execution and dissemination of info to consolidated tape). It seems, however, issues are mitigated if firms who operate dark pools such as GS's SIGMA X should do so only (or primarily) in an agency or riskless principal capacity. Note: NYSE PTR consistently shows GS's program trading is approx 5% customer facilitation, 10% agency and 85% principal. Now if 90% of the GS 85% principal trading is riskless principal trades (NYSE report doesn't reflect riskless principal), great! But if the 85% is proprietary trading, then GS is effectively running a hedge fund as a bank holding company with the FRB as its prime broker, while having "material, non-public market information concerning an imminent block transaction". Given that, the concern is that HFT obfuscates members' conduct with respect to just and equitable principles of trade.

Sat, 08/01/2009 - 17:15 | Link to Comment Hank Rearden
Hank Rearden's picture

Don't forget that speculators are a necessary part of the market. I won't assume if or how you trade, but I think it is fair to say that plenty of retail people (including those on this site) are trading for 1 to 5 points several times a day. There is no difference between scalping for a tick and scalping for a couple of points (except monetarily). 

Keep in mind that Fibonacci, Elliot Wave, Stochastics etc. are also not based on "the fundamentals of the underlying companies, the underlying economy, or anything fundamental at all" as you are concerned about. You are condemning a huge portion of traders with that assertion.

Be careful what you wish for.

Sat, 08/01/2009 - 18:03 | Link to Comment Anonymous
Sat, 08/01/2009 - 18:11 | Link to Comment Anonymous
Sat, 08/01/2009 - 19:29 | Link to Comment Hank Rearden
Hank Rearden's picture

There is no such thing as a "risk free trade" and that most certainly is not the "point" of HFT. There are hundreds of different HFT strategies across many asset classes at dozens of banks, hedge funds, and prop firms that take real risk and provide real liquidity.

Sat, 08/01/2009 - 20:46 | Link to Comment Anonymous
Sat, 08/01/2009 - 21:28 | Link to Comment Hank Rearden
Hank Rearden's picture

It is you who make a generalized and weak argument when you say "the whole point of HFT is to generate risk free trade". Go ahead, take away Flash orders and IOC orders and you will see that HFT will remain. The HFT business model is not predicated around these types of orders and their absence will only slightly (if at all) affect their sustainability. Flash orders represent about 4% of market volume. These order types are offered by four exchanges and if you have a problem with them direct you criticism towards the exchanges, instead of lumping all HFT together and blaming them. There are plenty of HFT strategies trading commodities, currencies and fixed income that have absolutely no involvement in anything you are talking about and to include them by a weak generalization is misleading. If you want to go after those who are profiting from Flash or IOC orders then fine, but at least know who your enemy is.

Sat, 08/01/2009 - 22:57 | Link to Comment Anonymous
Sat, 08/01/2009 - 22:11 | Link to Comment NorthenSoul
NorthenSoul's picture

A risk free trade is as real as the Unicorn or the Tooth Fairy.

Sat, 08/01/2009 - 23:19 | Link to Comment Anonymous
Sun, 08/02/2009 - 09:59 | Link to Comment SWRichmond
SWRichmond's picture

Thank you all for the comment stream above.  I am not a trader.  I'd like to be an investor.  I earn a living the old fashioned way: I bring a useful product to market at a competetive price, and actually deliver it in quality and in a timely manner.

Baseline: I have completely lost faith in the markets, and HFT is merely one symptom.  This loss of faith is cumulative: naked shorting, fails, goverment intervention, manipulation, $147 oil, 50% of equity volume attributable to program trading (of which, HFT is a chunk).  I can't even get a goddamned stock certificate anymore; I am merely a "beneficial owner" of some DTCC entry, as an "investor" I don't really own anything.  I can't tell what's real anymore, and in the face of substantial evidence I will accept that the possibility exists NONE of it is real.  Skepticism has become cynicism.  Bite me.

Here's what I do know, Hank: speculation adds liquidity and aids price discovery.  But no one will be able to convince me that a computer buying and selling anything millions of times a day is making those trades after analysis of anything or any information related to the underlying company. 

At this moment when the trading activity becomes completely divorced from the company, the company's stock is no longer an "investment", it is merely a convenient vehicle for gambling.  The company and its stock are not even relevant, are they?  And in fact, any item could be used in this manner, any item at all.  The equity markets merely provide an active marketplace with plenty of participants and concurrent opportunuties to buy and sell.  In other words, the buying and selling itself is the principal activity; the actual stocks or prices don't matter at all.  That is, unless someone in the HFT community would like to assert that they've created AI that evaluates companies in microseconds?  I didn't think so.

None of you IMO have begun to address my concern that your money is "unreliable" because it is fleeting.  Without getting into a bidding war related to percentages, consider this: suppose 100% of market volume was directly related to just HFT itself; would that be acceptable?  Would that constitute a healthy market?  How about 99%, with as the other 1% of volume us regular joes trying to "invest" our 401(k) money so that we could retire someday?  Would it be smart for us to trust such a market with our long-term money?  Would you?  How much is too much?  How much constitutes an unreliable market?  Does it even matter to HFT strategies or to you, HFT's proponents?  I don't think it does.

The markets grew substantially on the backs of 401(k) money; 401(k) savers were never told, by anyone, that they were providing a playground for scalpers.

 

Sun, 08/02/2009 - 13:30 | Link to Comment gammaman
gammaman's picture

So true.

Sun, 08/02/2009 - 17:41 | Link to Comment Hank Rearden
Hank Rearden's picture

 

"But no one will be able to convince me that a computer buying and selling anything millions of times a day is making those trades after analysis of anything or any information related to the underlying company."

 

You have to understand that a good portion of what is considered HFT is really an execution technique and that the reasons for the trade can be and are related to fundamental analysis. If a big mutual fund wants to unwind or shave their positions based on fundamental factors, they are going to use algorithms and techniques to slice their orders into smaller tranches with the goal of minimizing market impact, ie VWAP. They can do this through their own trading desks or through agency or principal desks at another firm.

 

Many big funds choose to devote their attention to their fundamental/technical/quantitative analysis by outsourcing the execution to a principal program trading desk. If a multi billion dollar mutual fund wants to rebalance their portfolio they will "sell" that portfolio (usually a long/short portfolio) to a program desk for a fee to achieve their rebalancing needs. This is done through what is called a blind bidding process where the program desk is unable to see what they are actually buying. It will be provided with only some very general characterisics of the portolfio, like $ amount of longs, $ amount of shorts, total number of stocks, # of NYSE vs Nasdaq stocks, big/mid/small cap breakdown etc. That program desk then assumes the risk, which is generally adverse as this is substantially informed flow. The program trading desk then uses a HFT approach to work out of the positions. Additionally, program trading figures published by NYSE are inflated due to the double counting of this flow. Usually if a portfolio is "sold" to a program desk they will cross the portfolio at the closing prices in an after hours crossing session and this volume is included in the NYSE program trading figures. Then as the program desk works out of its newly acquired positions over the next day or two through the use of HFT techniques such as basket trading, that volume is counted again.

 

While the program desks at some firms may be making a mint right now, it is necessary to look at some of the reasons why. Many banks have scaled back their operations due to balance sheet issues and the higher levels of volatility experienced over the last year. This has made the bidding process less competitive and the desks that have decided to accept the risks are getting paid a higher fee than normal to do so.

 

Now, there are other HFT trading strategies that are dedicated to modelling the supply/demand function of a particular instrument. These look at many order book factors and short term behavioral characteristics and work to provide liquidity in the same manner as a market maker or specialist. Only, they can do it faster and more efficiently, and the result is much tighter spreads than ever seen. 

 

Fri, 07/31/2009 - 17:42 | Link to Comment ghostfaceinvestah
ghostfaceinvestah's picture

I can't wait for the response from all the "anonymous" HFT traders defending their practices.

Fri, 07/31/2009 - 17:47 | Link to Comment Anonymous
Fri, 07/31/2009 - 18:30 | Link to Comment peterpeter
peterpeter's picture

Background: I have no co-located servers, nor do I see flash trades (but I do place them on purpose), but my software (all written by me) does execute trades in approximately 125ms (round trip time from a quote being placed on an ECN to confirmation of execution).

Eliminate dark pools and you make it easier for traders (high and low frequency/speed) to pick off institutions making big moves.  Why anyone is against dark pools is beyond me... they are an avenue for your crap mutual funds to transact without showing their hand.

Eliminate flash trades and you slightly increase the average trading cost for retail investors.  Flash trades exist not so that dumb mutual funds can show their hands to GS - but so that someone adding liquidity on an order can get a fill on the local ECN without having their order route out (turning a rebate into a fee).  It seems to not matter to anyone that any institution that doesn't want their orders flashed can trivially make it so that they are not....  It is about as hard as replacing "EDGA" in their order with "ISLD".

As for the uptick rule, see my comment below, and read the very well written piece by Lime Brokerage on why this is a disaster in the waiting:

http://www.limebrokerage.com/files/news/2009-06-19.pdf

It sure would be nice if people would get upset about things they understood.  If only there were better branding, none of this would be an issue.

Dark pools should be named: Trading venues to protect mutual fund investors

Flash should be named: Increase liquidity rebates to retail investors

Fri, 07/31/2009 - 20:45 | Link to Comment Anonymous
Sat, 08/01/2009 - 19:10 | Link to Comment gammaman
gammaman's picture

peter^2, dark pools would be less of an issue if I knew that my broker-dealer was acting purely in an agency capacity (see my posting above).

Following up on our discussion from another thread... while everyone here (TD/ZH in particular) is debating HFT millisecond flash orders as means to frontrun the market, perhaps we're missing the bigger picture/issue here.

If NBBO subsecond HFT routing/execution is raising hackles about frontrunning concerns, what about the 90 second delay in reporting to the consolidated tape?

From the Consolidated Tap Association (CTA) Plan: The reporting party shall agree to its contract with Processor to report last sale price information relating to Eligible Securities to the Processor as promptly after the time of execution as practical and in accordance with Sections VIII and X hereof.

From CTA Plan Exhibits, Forms of Processor Contracts: PARTICIPANT agrees that it will report all subject prices to SIAC as promptly as possible; will establish and maintain collection and reporting procedures and facilities such as to assure that under normal conditions not les than 90% of all subject prices will be reported to SIAC within that period of time (not in excess of 1 1/2 minutes after the time of execution) as may be determned from time to time by CTA; and will designate as "late" any subject price reported by it which is not collected and reported in accordance with the above-mentioned collection and reporting procedures or as to which PARTICIPANT has knowledge that the time interval after the time of execution is significantly greater than the period of time referred to above as from time to time determined by CTA.

The following lists Exchange Participant's subject to the "CTA Plan" with respect to transactions in Eligible Securities taking place on its floor: AMEX, BATS, BSE, CBOE, CHX, ISE Nasdaq, NSX, NYSE, NYSE Arca and PHLX.

In addiition, FINRA shall collect from its members all last sale price information to be included in the consolidated tape relating to transactions in Eligible Securities not taking place on the floor of an exchange and shall report all such last sale price information to the processor in accordance with the provisions of Section VIII(b) hereof.

Section VIII(b): FINRA responsibility. The FINRA shall develop and adopt rules governing the reporting of last sale price information to be reported by its members to the Processor for inclusion on the consolidated tape. Such rules shall (i) specify FINRA member having responsibility for reporting each particular transaction, (ii) be designed to avoid duplicate reporting of transactions on the consolidated tape, and (iii) specify procedures for determining the price to be reported with respect to each particular transaction.

Source: CTA Plan, Composite as of July 1, 2009 http://www.nyxdata.com/cta

Moving on to FINRA's Order Audit Trail System (OATS)... FINRA Rules 7400 through 7470 (OATS Rules), require member firms to develop a means for electornically capturing and reporting to OATS order data on specified events in the life cycle of each order for OATS reportable securities, including convertible bonds, and to record the times of these events to the second. On September 28, 2005, the SEC approved rule filing SRNASD-00-23 relating to the OATS rules. As approved, the amendments (1) implement the OATS requirements for manual orders (OATS Phase III)... (4) permit NASD to grant exemptive relief from the OATS reporting requirements in certain circumstances to members that meet specified criteria.

Technical Requirements: reportable Order Events must be packaged into one or more Firm Order Report files (FOREs) and submitted to OATS on a daily basis... FOREs do not [note: bolded in source doc] need to be transmitted to OATS on a real-time basis. 

Order Reporting Scenarios: OATS is not a real-time system. Some order information, such as timestamps, must be recorded real-time, but order events occuring during one OATS Business Day are only required to be submitted to OATS by 05:00:00 Eastern Time the next calendar day or be considered late.

What is interesting to note in the OATS Reporting Technical Specifications is FINRA Rule 7430 - Synchronization of Member Business Clocks. Rule7430 requires any FINRA member firm that records order, transaction or related data to synchronize all business clocks used to record the date and time of any market event. Clocks, including computer system clocks and manual time stamp machines, must record time in hours, minutes and seconds with to-the-seocnd granularity and must be synchronized to a source that is synchronized to wihtin three seconds of the Nationa Institute of Standards' (NIST) atomic clock.

[Comment: So while everyone is freaking out about subsecond flash orders, the above rasies the whole question as to a 3 second latency around synchronization of clocks!]

No doubt, HFT firms co-locating with an exchange or routing flash orders have an upper hand "observing" a constant stream of real-time (subsecond) NBBO quotes. As for "analog traders" reading the tape the old fashion way, think about the latency between trade execution, and 90 second consolidated tape reporting before you even see the quotes on your terminal. By the time the market is being bid-up or down in fast market conditions, you are potentially seeing quotes 1-1/2 minutes after they occurred before you even start typing a electronic trade into your computer.

The moral to the story is that any short-term/day-trading strategy employed by humans is now at a severe disadvantage to HFT prop shops. However, theoretically, the edge remains for "humans" trading longer term time horizons.

Final points: The industry for the most part is operated by honest individuals doing best effort work. However, the inner workings of the industry is complicated and no doubt competitive agendas do lead to issues and conflicts-of-interest. Debate as to the pros/cons of HFT is a healthy debate, but don't get too caught up in conspiracy ideas--the truth is likely more to do with systemic issues (often unintentional or as result of legacy or technological constraints) that are revealed when doing primary source research. The industry often provides a forum for public comments prior to implementation of rules... if you are concerned about front running, this and other similar documents may be of interest to you:

http://www.finra.org/web/groups/industry/
@ip/@reg/@notice/documents/notices/p117629.pdf

Sun, 08/02/2009 - 01:44 | Link to Comment sellside_pov
sellside_pov's picture

Guys, once an order goes to out to a public market center, and other people see that order and make some trade based on the fact of the order, that is not front-running.  At that point is called "technical analysis".  It's only front-running when an order is entrusted to a broker and that broker uses that information to trade for another account in front of the customer.

Sun, 08/02/2009 - 03:35 | Link to Comment gammaman
gammaman's picture

You are assuming that the order is being executed in "public". For example, GS transacts riskless principal "parent" orders sliced into "child" orders on Sigma X (GS' "internal pool of non-displayed liquidity"), but as per CTA Plan is not required to disseminate trade to consolidated tape for 90 seconds. Hypothetically (not saying that this is happening as it is "considered conduct inconsistent with just and equitable principles of trade"), GS's prop desk can perform "technical analysis" of this data prior to public knowledge.

Accordingly, as was once sought by FDR when pushing through the 1934 Act, brokerage houses should be segregated into (a) brokers and (b) underwriters and dealers. Lobbying at the time resulted in a compromise, that broker-dealer segregation should be studied. Time to bring back that study.

Note: per FINRA Manual, "Information as to a block transaction shall be considered to be publicly available when it has been disseminated via the tape..." Also, "The general prohibitions stated above [ref: IM-2110-3 Front Running Policy] shall not apply to transactions executed by member participants in automatic execution systems in those instances where participants must accept automatic executions."

Source: http://www.sifma.org/regulatory/private/
pdf/012609/Agenda_Item_07.pdf

As has been alluded to by others, market makers have always had an "unfair" competitive advantage as to knowing order flow, bid-ask spread, etc. HFT techniques such as flash orders provide a computerized method to continuously "sense" real-time where the best bid and offer is (in public and dark markets alike). The public, in the meantime, must rely on delayed reporting to the consolidated tape of executed block transactions (10,000 shares) based on legacy 90 second parameters.

 

Sun, 08/02/2009 - 17:28 | Link to Comment sellside_pov
sellside_pov's picture

The idea that GS operates a dark pool, and dissemenates information going in or out of the pool to its own prop desk prior to publishing to the public is just silly.  Apart from being flagrantly illegal, if Goldman's client base thought that was happening they would simply not do business there.  You should not underestimate the sophistication of the clientbase, many of whom are Goldman alumni or are from other sell side firms.  In other words, they have been around the block a few times and are always suspicious of their brokers, more so than the regulators.

Conflicts of interests between brokers and dealers are worth considering, I agree.  Although I don't think I would advocate for a blanket separation.

Regarding the point about the 90 second time limit to disseminate trades to the tape; I believe it exists to give a human time to report the trade after it happens, for large block trades where humans intervene.  In general the consolidated tape has a much lower latency and is used by many automated trading applications.  Of course you can use a direct exchange feed which I would assume has a little bit less latency, but the feed is no less available to the public than the consolidated tape.

Fri, 07/31/2009 - 21:27 | Link to Comment Anonymous
Fri, 07/31/2009 - 21:37 | Link to Comment Anonymous
Fri, 07/31/2009 - 23:48 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:45 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:45 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:48 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:50 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:48 | Link to Comment Anonymous
Fri, 07/31/2009 - 18:34 | Link to Comment peterpeter
peterpeter's picture

You should hope it does not...

At one second, a material portion of todays liquidity would go away.

For those who do not understand what that means in practice, the spread between the bid and ask for equities would be larger, as people and institutions alike would be less willing to place orders to the book, wanting to give themselves a degree of margin in their pricing to compensate for the 1 second.

Bottom line - the retail investor will pay a larger bid/ask spread then they currently enjoy, and the losses that mutual funds and other institutions too dumb to route their orders away from market places that are poor choices for their orders (i.e. flashing an iceberged order), will end up losing even more money.

 

Fri, 07/31/2009 - 19:47 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:36 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:53 | Link to Comment peterpeter
peterpeter's picture

Perhaps you'd like to go back to trading in fractions while we are at it.  Maybe you should be forced to call in your orders too...

1 second is an eternity.  If it were to happen, many derivative products (ETFs for instance) would end up getting listed on non US markets.

 

Sat, 08/01/2009 - 01:25 | Link to Comment Anonymous
Fri, 07/31/2009 - 23:38 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:58 | Link to Comment Anonymous
Fri, 07/31/2009 - 21:39 | Link to Comment Anonymous
Sat, 08/01/2009 - 02:26 | Link to Comment Woodshedder
Woodshedder's picture

If we look at history, our market for many decades had a much larger bid/ask spread.

There is a price to pay for transparency.

Right now, we are being fed a myth that we cannot afford to pay a larger spread for transparency.

This argument will work until we can actually quantify the hidden fees being charged by the gaming of the market under the guise of liquidity.

 

Sat, 08/01/2009 - 04:13 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:51 | Link to Comment rD2.0
rD2.0's picture

Flash Orders = BRIBE ME (Exchange) with Volume & you get the DEAL

There is nothing wrong with High Frequency Trading, as long as Goldman Sachs et al apply their brains to predict direction. Then they would have a normal trading book with plenty of $100 million profit days but with plenty of $100 million losses days too

Doing HFT just by looking at other people's orders is an illegal EDGE

It's like tell me beforehand that Steelers are going to score a touchdown in last few seconds, and I will bet millions on them in Vegas

These assholes would see a customer wanting to buy a million shares for $20 and they would run up the price forcing the customer to pay higher and higher

What is the customer to do?

Fri, 07/31/2009 - 18:46 | Link to Comment PD Quig
PD Quig's picture

Actually, it's more like "tell me beforehand when every high school team in the country is going to score a touchdown, and I will bet $100 dollars on each." The genius of HFT is that it is a nearly imperceptible, risk-free tax on hundreds of millions of transactions. No one would ever notice.

Fri, 07/31/2009 - 21:07 | Link to Comment Anonymous
Fri, 07/31/2009 - 23:45 | Link to Comment Anonymous
Sat, 08/01/2009 - 07:59 | Link to Comment Anonymous
Fri, 07/31/2009 - 17:56 | Link to Comment Miles Kendig
Miles Kendig's picture

If the flop and drop many expect becomes a reality before the next election cycle there will be careers, political and otherwise made and broken over these developing issues.  Unfortunately, I fail to discern the institutional willpower to accomplish what must be accomplished without the pain being inflicted.  And more is the pity.  Our institutions, public & private and many of those entrusted to lead and staff them have forgotten their duty.

Fri, 07/31/2009 - 18:31 | Link to Comment SWRichmond
SWRichmond's picture

There is no political will to reform the markets; everyone knows the reforms will reveal truths which the markets will not withstand.  No politician is willing to be the one who "caused the markets to crash".  No politician is willing to be the one who "threw us into a depression."  No politician is willing to rock the boat.  These are just more reasons why printing leading to hyperinflation is all but assured.  The U.S.'s most recent historical financial calamity is a depression, so socially and politically we fear it more than we fear hyperinflation, which we've not endured for generations.  We are biased to inflation; the hyper part will be an accident.

Fri, 07/31/2009 - 21:10 | Link to Comment Anonymous
Sat, 08/01/2009 - 09:43 | Link to Comment SWRichmond
SWRichmond's picture

Yes, but this is national level politics we're talking about.  We must work towards achieving it, but it requires constant effort on a much larger scale than just a lone crusader.  Ron Paul had been a lone crusader for decades.  We don't have decades.

Fri, 07/31/2009 - 18:05 | Link to Comment 57-71
57-71's picture

I will send Kaufman a message with my opinion, however he is unlikely to pay any attention to a foreigner.

Peace

Fri, 07/31/2009 - 18:12 | Link to Comment Anonymous
Fri, 07/31/2009 - 18:20 | Link to Comment Anonymous
Fri, 07/31/2009 - 18:29 | Link to Comment Anonymous
Fri, 07/31/2009 - 20:55 | Link to Comment texpat
texpat's picture

Not to say that GS is playing fair with all their $100mm trading days,

BUT, for the average retail investor with their money in mutual funds / 401k, the biggest tax on them is likely to be hidden fees, not disclosed, which is the true scandal of 401ks.

Fri, 07/31/2009 - 18:16 | Link to Comment peterpeter
peterpeter's picture

> First, the SEC should restore the substance of the uptick rule.

Anyone who wants to put the uptick rule back in place in any form other than a circuit breaker is ignoring the technical impossibility of putting the geany back in the bottle.  With multiple market centers, trade reports delayed (up to 90 seconds!) and the inherent latency of the speed of light - it is not possible to have a unified view of a best bid or even a last trade price... and therefore it is not possible to have a fair (and certainly not a sensible) rule.

A very well written comment to the SEC outlining the technical issues was written by Lime Brokerage: http://www.limebrokerage.com/files/news/2009-06-19.pdf

 

Fri, 07/31/2009 - 18:37 | Link to Comment Gubbmint Cheese
Gubbmint Cheese's picture

Sorry to say but I'm not holding my breath on this change.. nor any of the other macro changes that need to be made.

Nothing will be done, and I mean NOTHING.. until the noise that the constituents make to their elected representatives is louder than the constant stream of coins being deposited into these politician's political campaigns.

While you and I are informed and upset - and motivated to act,  the majority isn't. Sure they may bitch and moan about things, but the truth is.. they are far too busy crunching away on spray cheese and crackers and waiting for American Idol to start.

I hope they wake up soon.

Fri, 07/31/2009 - 18:37 | Link to Comment PD Quig
PD Quig's picture

Well, I'm willing to take some bad with the good. I'm still wondering, though, where the clamor is for the downtick rule? You know, in conjunction with the organized "bull runs" - abusive large block futures buying combined with coordinated "misinformation" campaigns (CNBC, etc.). All that naked buying using my tax payments washed through the Fed, AIG and the like, is pissing off this shorty, Senator Kaufman.

Fri, 07/31/2009 - 20:20 | Link to Comment Anonymous
Fri, 07/31/2009 - 21:43 | Link to Comment Anonymous
Sat, 08/01/2009 - 01:31 | Link to Comment Anonymous
Sat, 08/01/2009 - 02:19 | Link to Comment Woodshedder
Woodshedder's picture

@anon 21554,

You're talking pennies of revenue. Seriously.

Adsense varies and is hard to estimate but here is from Google's adsense help

"Effective CPM

Effective cost-per-thousand impressions (eCPM) is a useful way to compare revenue across different channels and advertising programs. Essentially, effective CPM represents your estimated earnings for every 1000 impressions you receive.

Effective CPM doesn't represent how much you have actually earned -- rather, it's calculated by dividing your earnings by number of page impressions, then multiplying by 1000. For example, if you earned $0.15 from 25 page impressions, then your eCPM would equal ($0.15/25)*1000, or $6.00. If you earned $180 from 45,000 impressions, your effective CPM would equal ($180/45,000)*1000, or $4.00."

So even if tens of thousands of impressions were made of the page when the ad was displayed, you are likely talking about revenue that is less than $100.00

Since the ads change regularly, the actual revenue generated from the Orc ad would be very small.

Your note that the revenues may be trivial tells me that maybe you understand exactly how trivial they likely were.

IMO, you are still allowing some noise to affect the signal.

Sat, 08/01/2009 - 03:10 | Link to Comment Anonymous
Sat, 08/01/2009 - 03:23 | Link to Comment Tyler Durden
Tyler Durden's picture

RFP for Supplemental AdSensity Provider has been percolating

Fri, 07/31/2009 - 21:47 | Link to Comment Anonymous
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Sat, 08/01/2009 - 10:32 | Link to Comment PrDtR
PrDtR's picture

So.. distinguish yourself!

Would love to have more than "anonymous" to follow here..

 

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