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HFT Trader Busted For Spoofing Nearly Cheated His Way To The Top Of CNBC's Million-Dollar Challenge

Tyler Durden's picture




 

On Friday, we reported that in the latest in a long series regulatory crack downs of low grade high frequency traders - because obviously nobody will touch the big boys - the "SEC busted HFT firms for "tricking people into trading at artificial prices." What is notable is that the owner of one of the charged firms, Joseph Dondero who was the head of Visionary Trading, and who agreed to a $1.9 million settlement and to be barred from the securities industry for spoofing order flow which is a low-grade form of quote stuffing, has had an extended track record of run ins with the law.

As BusinessWeek reported back in 2007, according to NASD records Dondero was the subject of the regulator's inquiry letters because of "wash" trades, among other things. Wash trading is when someone buys and sells the same security simultaneously—or in quick succession—to create the appearance of active trading. It can be done to generate commissions for a broker or for tax purposes. This is quite comparable to the "spoofing" which Dondero was busted and barred for at his latest firm, Visionary Trading.

BusinessWeek adds that the New Jersey Bureau of Securities records pertain to Dondero's time at a day-trading firm in Iselin, N.J. called Evolution Financial Technologies. The records say that, "As a result of his trading activity, Mr. Dondero was on heightened supervision and probation which resulted in his changing from a proprietary trading to a customer. This did not involve customers or a loss." Dondero, who attended the College of New Jersey until 1999, has worked at a series of small financial firms. One of them, Heartland Securities, was sued by the Securities & Exchange Commission for alleged stock manipulation and falsifying records. Heartland closed in 2003 after two executives, Sheldon Maschler and Jeffrey Citron, paid $29.2 million and $22.5 million, respectively, without admitting or denying wrongdoing. (Citron went on to found the Internet phone company, Vonage Holdings (VG)). Dondero was at the firm after the alleged wrongdoing, but before the settlement.

Needless to say, Dondero had quite a "track record" of illegal trading activity before he was finally busted for one last time engaging in HFT spoofing.

However, it is not his FINRA brokercheck record that is of interest, but the fact that back in 2007, in the first ever CNBC Million-Dollar challenge, it was none other than Dondero who almost won. And yes, he nearly manipulated his way to the $1 million prize money then too. Only, the way he did fudged his winning percentage was not as most other competition participants had, by abusing the widely known system glitch that allowed contestants to see which stocks were rising in after-hours trading and then to buy those stocks at the lower, 4 p.m. EST closing price, but using a far more devious scheme. One which is reminiscent of the crime that last week just ended his trading career in the real world as well.

BusinessWeek explains:

[Dondero's] trades drew criticism from other finalists, nonetheless, with at least three contestants complaining about his choices early in the final round. Because Dondero was picking thinly traded stocks in the CNBC contest, the other finalists worried that he could be manipulating the prices of those stocks in real-world markets. "He only picked stocks that could be manipulated," says Jim Kraber, one of the finalists who says he flagged CNBC. Kraber emphasizes that he has no way of knowing whether Dondero was indeed manipulating stocks.

 

CNBC took somewhat-belated action to prevent such manipulation. BusinessWeek has learned that on May 18, midway through the final two-week round of CNBC's contest, the cable channel asked each of the 20 finalists to sign a statement that any real-world trades they made were not "for the purpose of, or with an intent to, affect or manipulate the price" of the stocks they were picking in the contest. The penalty for failing to sign was stiff: "If you fail to return the attestation or your attestation is not truthful, you may be disqualified from the contest," wrote CNBC Vice-President of Marketing Tom Clendenin in an e-mail.

 

A close examination of Dondero's trading in the CNBC contest raises questions about his approach, but offers few definitive answers. The primary concern of other finalists was that Dondero was buying stocks in his CNBC portfolio and then driving up the price by buying the same stocks in the real market the next day. That's easier to do with thinly traded stocks than heavily traded ones. Dondero did pick some thinly traded stocks, but not all of those trades were successful. He also made other kinds of purchases that contributed to his portfolio returns.

 

In the final round of the CNBC contest, Dondero saw nice gains on picks of BioProgress (BPRG), a British pharmaceutical company, and Hanarotelecom (HANA), a Korean telecom company, which both trade on Nasdaq (NDAQ).

 

On a typical day, neither stock sees much action in the real world. BioProgress trades an average of 3,100 shares a day on Nasdaq, while Hanarotelecom averages 7,400 trades a day. But both saw huge jumps in volume in the days after Dondero picked them. Hanaro soared from close to 19,000 shares on May 14, to well over 27,000 the next day. Dondero realized a 6.4% gain for his contest portfolio, as the stock rose. The following day, when Dondero chose BioProgress, more than 5,000 shares changed hands, compared with zero shares the previous day. Again, Dondero saw a healthy gain of 4.5%.

In retrospect a brilliant strategy: picking microcap, illiquid, and ultra-thinly traded stocks in a virtual portfolio and then manipulating these stocks in real life using oddblocks to reap giant profits, without much capital at stake (so unwinding the trade wouldn't cost him much in the end), then rinsing and repeating, all the way until the $1 million prize.

To be sure, Dondero was smart, and inbetween the manipulated blocks, he injected some normal-course winners and losers.

But Dondero didn't always make money on his thinly traded stocks. On May 21, he again picked BioProgress, and again volume spiked, this time to 23,000 shares from 1,400 the previous day. But Dondero lost 2.64% on the trade.

 

Other thinly traded stocks Dondero picked included Velcro (VELC), the famous fastener maker, and Macronix International (MXIC), a Taiwan-based manufacturer of computer memory. Neither were big winners for him in the final round.

 

Indeed, Dondero's biggest winner during the finals was Fremont General (FMT), the subprime mortgage lender whose stock trades an average of 4 million shares a day. Dondero picked the stock on May 22 and after the market closed that day, the company said that it would sell its commercial real estate business for $1.9 billion. The news drove shares up 26.7%, a huge one-day gain in the contest.

Of course, when one strings a series of 9 "sure" winners in a row, the 10th one is not nearly as relevant, and can be left to chance, especially if it is subsequently used as the alibi to claim Dondero never cheat or manipulated the game.  And speaking of manipulation, 2007 appears to have been one of the last years in which CNBC actually cared about something called "integrity":

Dondero's picks in CNBC's contest could be examined as part of the cable channel's investigation into "unusual trading." Beyond looking at traders who may have benefited from its own software glitch, CNBC says that it has retained an "independent securities expert" to look into allegations of market manipulation. CNBC declined to comment for this story. But it previously said, "Integrity is paramount to CNBC. We are taking all allegations of improprieties very seriously."

Whether it did or not is unclear. Dondero finished fourth in the contest with a total 32% return, while some or all of the contestants above Dondero were likewise accused of rigging the competition.

But the final outcome was negative: Dondero did not win, and whatever capital losses he may have suffered while "spoofing" the thinly traded stocks he used as picks for his virtual portfolio he had to fill out of his own wallet.

Incidentally, the winner of that particular CNBC stock-picking challenge: it was an Ohio waitress who had never bought a stock in real life.

We wonder which HFT shop she works at now?

 

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Mon, 04/07/2014 - 21:00 | 4634273 john39
john39's picture

heros of western culture...  theives, hustlers, crooks and psycopaths...  

Mon, 04/07/2014 - 21:05 | 4634280 LetThemEatRand
LetThemEatRand's picture

He started with a bank in Colorado, in the pocket of his vest, derivates he had.  And his age, and his size, took the public by surprise.  And word spread, of Jamie the Kid.

Mon, 04/07/2014 - 22:18 | 4634374 icanhasbailout
icanhasbailout's picture

If you're not cheating in a CNBC contest, you're doing it wrong.

Tue, 04/08/2014 - 02:28 | 4634865 ugmug
ugmug's picture

CNBC is known as..... HFG - High Frequency Gibberish

 

Mon, 04/07/2014 - 21:27 | 4634363 booboo
booboo's picture

his mama said "that boy would fuck a snake ifin he could hold it still long enough"

Tue, 04/08/2014 - 00:10 | 4634711 Againstthelie
Againstthelie's picture

Only unregulated markets are free markets!

Remove the evil state and it's regulators!

Mon, 04/07/2014 - 21:08 | 4634303 Skateboarder
Skateboarder's picture

It's all so fucking crooked that it's hard to give even half a fuck, let alone a whole one.

They're all fake sign-language translators

Mon, 04/07/2014 - 21:35 | 4634379 NoDebt
NoDebt's picture

Nice.  Love the reference.

Mon, 04/07/2014 - 21:11 | 4634312 FieldingMellish
FieldingMellish's picture

<---- "Its not rigged."

<---- "Shame on you for saying its rigged."

Mon, 04/07/2014 - 21:12 | 4634314 mt paul
mt paul's picture

these guys 

can't even cheat fairly ...

Mon, 04/07/2014 - 21:14 | 4634323 i_call_you_my_base
i_call_you_my_base's picture

One has to keep a low profile in the mafia.

Tue, 04/08/2014 - 00:28 | 4634738 A Dollar Short
A Dollar Short's picture

Yeah, The Good Reverand Al Sharpton just did that and finally got ratted on.  

 

What a corrupt government, we have..

Mon, 04/07/2014 - 21:27 | 4634360 sunnyside
sunnyside's picture

Reggie?

Mon, 04/07/2014 - 21:35 | 4634370 disabledvet
disabledvet's picture

meh, i pumped preformed line products (plpc...and yes i still recommend buying it) all the way to 90 last fall. and had zero skin in that game personally.

unlike other companies it actually is legit btw.

the question however is twofold: "to what extent is there intent" (obviously if you're HFT'ing there is INTENT to gain an unfair advantage...more than just a wash sale) and secondly "to what extent is the intentional act damaging the marketplace as a whole" (and of course the answer to that is the difference between being fined a huge sum...and barred for life.)

the "ultimate" fine of course is the Fed finding itself in need of bursting another bubble (it has already done so one year ago folks...so get your head in the game.)

"Now the Ruskies have attacked."

Hmmmm.
Should I act surprised?
Should I be surprised?

I know for a fact Gazpromia IS liquidity.
That says to me even with this sell off "short this market at your own risk." (the State of Russia might be the other side of that trade!)

I can see the debt markets getting crushed here. But not necessarily the equity...or even the "money" (in the form of currency OR "other receivables." that does include cash on the balance sheet folks!)

I definitely think we might get a major nationalization in Europe of some sort (or many.) Obviously United Bank of Switzerland is too big to nationalize...so you might want to tread carefully with that name if the Russians go all in on say...Romania. Other than that..."just another walk in the park."

Mon, 04/07/2014 - 21:46 | 4634401 Seasmoke
Seasmoke's picture

This all Reminds me of the guys from Drexel rigging the horse racing Pick 6s. The one guy worked at Tote and could change the picks of the first 4 races before the tickets were sent to main track. So they played 1-1-1-1-A-A. Guaranteed winning ticket. But the dopes played the winning ticket 3 times on breeders cup , of all fucking days and of course had the only 3 winning tickets on an impossible string of long shots. They probably would still be hitting pick 6 today, if they didn't want it all so quickly.

Skim a little is the key to riches.

Another think I remember. All the racetrack executives came right out and said the winning tickets were legit. They always lie, until they can't.

Mon, 04/07/2014 - 22:09 | 4634471 Godisanhftbot
Godisanhftbot's picture

 those guys were railroaded, the other handicappers were just jealous.

Mon, 04/07/2014 - 21:47 | 4634405 Flying Wombat
Flying Wombat's picture

Pam Martens' perspective:  "If The New York Stock Exchange Is A “High-Frequency Brothel” Then The SEC Is Its Pimp"

http://thenewsdoctors.com/?p=136267

Mon, 04/07/2014 - 21:57 | 4634423 Save_America1st
Save_America1st's picture

FUCK YOU, JIM KRAMER!!!!  punk ass bitch!!!  lol

Mon, 04/07/2014 - 23:14 | 4634623 optimator
optimator's picture

And your twin brother Liesman.

Mon, 04/07/2014 - 22:07 | 4634466 Godisanhftbot
Godisanhftbot's picture

anything within 10 miles of Citron or Maschler should have been barred by the sec 15 years ago.

Tue, 04/08/2014 - 00:33 | 4634745 A Dollar Short
A Dollar Short's picture

Always said- thieves, whores and psychopaths control the world.

 

The rest of us are indentured servants.

Tue, 04/08/2014 - 01:19 | 4634804 Downtoolong
Downtoolong's picture

The penalty for failing to sign was stiff: "If you fail to return the attestation or your attestation is not truthful, you may be disqualified from the contest.

“Fuckin perfect. Why didn’t we come up with that.”

Mary Shapiro.

Incidentally, the winner of that particular CNBC stock-picking challenge: it was an Ohio waitress who had never bought a stock in real life.

Even more perfect. I was guessing it was Dondero’s secretary, who also picked the winning NCAA bracket.

Same basic game really.

Tue, 04/08/2014 - 06:02 | 4634958 james.connolly
james.connolly's picture

TAX HFT, ... OBAMA or Tax computer trading

FUCK it, ... let's just tax the fuck out of the stock market and kill the bitch ...

 

'Flash Boys' Fuels More Calls for a Tax on Trading New York Times  - ‎9 hours ago‎ The day's trading numbers on May 6, 2010, when high-speed computing was blamed for a “flash crash” of more than 600 points on the Dow Jones industrial average, which partly recovered.
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