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Goldman Busted For "Asymmetric Service Initiative" Aka Leaking Inside Information To Whales
Back in August 2009 we asked a very simple question: "Is Goldman's Selective Trading Disclosure A Legal Way For Preferred Clients To Front Run The Market?" Today, nearly three years later, the SEC answers our question. The answer - a resounding yes.
As a reminder, "Zero Hedge has long been discussing the impact of selective informational disclosure, be it in the context of trading or research asymmetries, which promote a two-tiered market, where privileged accounts of major broker dealers receive "tips" ahead of "everyone else." The quid's pro quo is that these "privileged" few end up executing the bulk of their trades with the broker-dealer, thus ramping up riskless agency revenues. In essence the clients' capital risk is mitigated, while the return to the "perpetrator" is augmented by collecting a disproportionate share of the bid/offer spread in the given security. Whether this tiering mechanism occurs via Flash orders, SLP provisioning, actionable IOIs, advance selective notice of a large flow order, a phone call, a limited Bloomberg blast, or an Instant Message, the ethics of the practice are undoubtedly shady, and potentially borderline criminal. But no one is the wiser, as both sender and receiver of information know to keep their mouth shut. Until today, when the WSJ blows one aspect of this practice out of the water, by focusing on Goldman's selective informational disclosure to preferred clients, and is likely to create much more headache for Goldman's PR department and its staunchest CNBC-based prosecutor-turned-supporter and soon to be Sellout author."
The penalty? A whopping $22 million, better known as the firm's YTD tab at Hustler Club, or between 0.1% and 0.2% of the total benefit the firm reaped by perpetuating this illegal practice for years. But just you wait: the retail investor will come storming into stocks knowing full well fair and equitable punishment has been dispensed and the now, finally, the market is no longer two tiered, where the retail investor is always and only the patsy, and everything is again fair.
Key selections from the SEC charge:
during weekly “huddles,” the firm’s analysts could share material, nonpublic information about upcoming research changes. Huddles were a practice where Goldman’s stock research analysts met to provide their best trading ideas to firm traders and later passed them on to a select group of top clients…The SEC in an administrative proceeding found that from 2006 to 2011, Goldman held weekly huddles sometimes attended by sales personnel in which analysts discussed their top short-term trading ideas and traders discussed their views on the markets. In 2007, Goldman began a program known as the Asymmetric Service Initiative (ASI) in which analysts shared information and trading ideas from the huddles with select clients.”
And there you have it: want to engage in an illegal trading scheme for years? Just come up with a cool sounding name. Asymmetric Service Initiative is just purrrfect.
Full SEC charge (and order pdf link):
SEC Charges Goldman, Sachs & Co. Lacked Adequate Policies and Procedures for Research “Huddles”
The Securities and Exchange Commission today charged that Goldman, Sachs & Co. lacked adequate policies and procedures to address the risk that during weekly “huddles,” the firm’s analysts could share material, nonpublic information about upcoming research changes. Huddles were a practice where Goldman’s stock research analysts met to provide their best trading ideas to firm traders and later passed them on to a select group of top clients.
Goldman agreed to settle the charges and will pay a $22 million penalty. Goldman also agreed to be censured, to be subject to a cease-and-desist order, and to review and revise its written policies and procedures to correct the deficiencies identified by the SEC. The Financial Industry Regulatory Authority (FINRA) also announced today a settlement with Goldman for supervisory and other failures related to the huddles.
“Higher-risk trading and business strategies require higher-order controls,” said Robert S. Khuzami, Director of the Commission’s Division of Enforcement. “Despite being on notice from the SEC about the importance of such controls, Goldman failed to implement policies and procedures that adequately controlled the risk that research analysts could preview upcoming ratings changes with select traders and clients.”
The SEC in an administrative proceeding found that from 2006 to 2011, Goldman held weekly huddles sometimes attended by sales personnel in which analysts discussed their top short-term trading ideas and traders discussed their views on the markets. In 2007, Goldman began a program known as the Asymmetric Service Initiative (ASI) in which analysts shared information and trading ideas from the huddles with select clients.
According to the SEC’s order, the programs created a serious risk that Goldman’s analysts could share material, nonpublic information about upcoming changes to their published research with ASI clients and the firm’s traders. The SEC found these risks were increased by the fact that many of the clients and traders engaged in frequent, high-volume trading. Despite those risks, Goldman failed to establish adequate policies or adequately enforce and maintain its existing policies to prevent the misuse of material, nonpublic information about upcoming changes to its research. Goldman’s surveillance of trading ahead of research changes — both in connection with huddles and otherwise — was deficient.
“Firms must understand that they cannot develop new programs and services without evaluating their policies and procedures,” said Antonia Chion, Associate Director in the SEC’s Division of Enforcement.
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Is this bad?
Only for muppets, not for real people though.
Of course the "justice" department will never shut down this crime syndicate under RICO, because the fairies at DOJ are owned by Goldman (every night).
Greg Smith blew the right whistle.
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What about the ISM? Don't they release reports early for select clients? Is this any different?
Yes. Think of it as independent research and not a government release
And the punishment for this bad behavior will be...
Wait a minute, your representatives change the laws so that it isn't actullay illegal anymore. Nevermind.
Have checkbook. Will settle.
Submit voucher to Benron. Receive instant reimbursement.
Death Penalty Bitchez
Squid pro quo.
They get away with anything and everything, because the reality is "The Elite" are the defacto rulers of the world. Break free, read this book and stop being a slave:
http://www.amazon.com/Simple-Wealth-Mr-Andrew-Costello/dp/1463523017/ref
Surely you mean "buy my book"?
If you're really trying to promote freedom from "The Elite", why not publish your work online for all to read and include a "donate" button?
I has hoping for a free investment seminar at my local Marriott.
Woo Hoo, bagels!
C'mon. It has 4 reviews. What more do you want?
bullish.
22M... seriously...
Enough with freaking settlements , prosecution to the full extent of the law for everyone.
That would be like fining me $5 for being caught stealing millions in bank robberies...people should be hanging these assholes.
They need to be slapped on the wrist with the sharp side of a butcher knife.
Meh, the government has it's own asymetrical justice initiative.
"22M... seriously...
Enough with freaking settlements , prosecution to the full extent of the law for everyone."
Hey, I agree with your sentiment.
The issue is probably that the SEC does not have enough tangible evidence to impose greater penalties, so they had to go with the wrist slap.
There are probably few, if any, written documents coming out of these huddles, whereas the SEC bureaucrats could readily trace names and dates/times directly back to trades executed and agenda items at these "huddles."
In these "huddles," the trading plays were probably drawn up in the dirt, and then the QB erased the plays by kicking more dirt over the Xs and Os just before they went back to the line of scrimmage to snap the ball. Consequently, the SEC hears about this but has a tough time proving the extent of it.
The fact that M. Schaprio still has a job should tell you most of what you need to know...per "punishing" the criminal syndicate known as Wall Street. Talk about an entity that needs to get the firehouse treatment...good grief. End the SEC!
Hey, has she been give a raise from her $8 million annual bribe, err I mean salary?
I'm confused: your answer to a garbageperson not picking up the trash is to do away with garbagepeople altogether?
I think that I have a better suggestion: replace her with Bill Black. (First get him a shave and a decent suit so he doesn't look so much like James Adams or the reincarnation of Wiebo Ludwig, natch.)
No, he wants to get rid of the litterers disguised as garbagepeople.
Garbagepeople, you see, are a fiction, as they're nothing more than the wolves guarding the hen-house.
"No, he wants to get rid of the litterers disguised as garbagepeople."... and replace them with what exactly? Dead air? That'll sure show 'em! Throwing out the baby with the bathwater isn't a solution.
Bill Black has over one thousand non-fictional convictions under his belt, so I have to ask: what is your real problem with my suggestion?
Um, it's pragmatic not idealogical for starters. Also, government can't to anything right you blockhead. There are a multitude of reasons...
How is replacing inadequate and/or corrupted civil oversight with absolutely no civil oversight 'pragmatic' when other functional options exist?
I offered a candidate with proven track record of being effective, IE 'doing something right', which directly contradicts your sweeping generalisation on a multitude of levels, you bird splatter.
You misunderstood, William would do fine work but doesn't really fit with the libertarian point of view therefore he is to be ignored. I was 'mocking' your suggestion as pragmatic and outside of lib ideology.
Now that I had to explain, is it doubly funny?
Wow did I ever, and it is. I should have known that was too easy; and when combined with that 'whooshing' in my ears...colour me chagrined.
Hey! Who's downticking me for owning up? Well screw you and the horse's phallus you rode in on, testicle breath.
I agree.
SEC is only straight man in big scam.
Three cheers for 'Libertarians for the Further Deregulation of the Banks'!
Hip hip hooray! Hip hip hooray! Hip hip hooray!
Start with ending FINRA. THEN we can talk about changes at the SEC. FINRA - Ms. Schaprio's former stomping grounds, where she personally earned MILLIONS - has two directives and they are: (i) put small firms out of business (the class of firm that tends to give a shit about the customer - small firms have been under-represented on FINRA's boards for YEARS); AND, (ii) collect fees/fines. That's it. Nothing more, nothing less.
Gee ... in another 3 years they will tell us that 90+% of the volume is conputers just manipulating the price.
And in another 3 years they will tell us that ETFs and CDOs are bucket shop bets.
"Conputers." Nice.
$22M is a mere cost of doing business. Basically a rounding error.
Not sure why the SEC even bothered, except to continue some stupid PR program, that demonstrates "perception" of regulation matters more than actual regulation.
I suspect they had to seek permission to dis thier masters even to this extent. Would not want to jeopardize a job opportunity in this economy and limited openings in the porn industry.
Can I sign up to be fined 1% for making a fortune?
Where or where is the outrage, the cry for justice, the demands for equality, the Senate hearings making broad coverage main stream news, and the President’s declaration of war on the thieves of America’s economic stability.
More 22 billions and not only would the Million $ Tax but help the economy yep, the 22 billion from the .000001 percent could also help out.
Where is the President when we need him---- oh yes, he is getting the boys to attack the opposition candidates wife in the upcoming election for never having worked. Much safer than the President attacking a major money .000001 percenter criminal threat to America. Brave, courage, honest may be words in question.
Fukin A
I am soooo glad to hear that Congress wasn't the only group of people legally benefitting from inside information.
<sigh> Trading based on inside information is not particularly isolated to a handful of 'bad apple' instances these days.. Another easy example that will never be prosecuted: frontrunning today's PC shipment report from Gartner, likely leaked via the same 'huddle' concept as Goldman's. If interested, plot HPQ vs. SPX between April 10 and April 12, and be sure to pay attention to volume. And so, and so forth..
All that's happened here (this plus last week's STOCK act) is that the political class has announced that the non-public info business is reserved for themselves and themselves only. Firms like Goldman have other jobs to do, God's work even...but not this.
Do you think Ted Kennedy's son is a legal/medical genius or do you think hedge funds and pension plans pay his "consultancy" firm millions of dollars because he can -legally- (still!) selectively disclose healthcare related inside information?
Notice how the STOCK act was written:
The final version also left out a provision that would have required those employed in the burgeoning "political intelligence" industry to register with Congress in the same way that lobbyists do. In the political intelligence industry, people with access to insider information sell their knowledge of political developments to Wall Street investors, who then use it to make investment decisions.
There’s another dimension to all this which often get’s overlooked. If an inside client is hesitant or reluctant to participate, thus limiting the volume Goldman want’s to generate on the scam, Goldman is big enough and diverse enough to punish them for not towing the line. You’re either with them, or your against them, and it costs you to be against them. It’s not just driven by incentives. It’s absolute power to make it happen.
I was waiting for the Goldman "but our advice has no discernable value" defense.
Wasn't this just assumed? How is this news, again?
I don't even want to comment on this, but I need to.
In America, there exists the separation of church and state... a sensible idea... but when you have religion (aka morals) removed from the public square... you get this. Sure crooks and illegal activity has always existed... but today, if you are smart enough to get away with something illegal, it's extolled as a virtue... a virtue where one gets a slap on the hand, or some jail time in a cushy prision for white collar criminals. There is not sense of accountability. It`s a function of the rot in our Western Godless society.
Something is seriously, seriously, seriously wrong with the system and it needs fixing. Just how many QE$s are being used to drive profits at these major financial firms
, where lack of lending has been holding back economic growth?
Morals do exist independently or religion you know? Organized religion is equally good at perverting them...
Move past the `religion` label and focus on the point - there is no longer any moral code... If things blows up, you`ll be glad to rely on the benevolence of those `religious`people you are so quick to cast stones at.
I was not casting stones at religious people, I was casting stones at organized religion. Morals come from the ability to be empathic, not from a god. If one's belief in a god helps them access their own empathic ability, then great.
I agree that we are morally bankrupt, but if you want people to look past the "religion label," don't lead with it. It's a distraction, just like "Republican vs. Democrat."
Amen!
We can agree to disagree. I respect your comment.
web bot, let me guess the following. Those priests who molested little boys were moral because they were at the top of a religious hierarchy? Just being religious does not make someone moral. Sometimes it is an excuse to be immoral.
Is that the best you can reach for...
Spraying the standard bigoted response is usually what people do when they have nothing sensible to add to the conversation. Lack of morals and a personal code of conduct (which incidentally has come from organized religion for thousands of years) is what kept society functioning. That moral code, call it whatever you want is largely vanquished form the public square.
You need to spend some time talking with old people from what you may consider an unenlightened era... you`ll find that we are in a slow motion collapse.
Yeah, I may not agree with web bot, but that's not what he was saying at all. Reading comprehension ability... I feel your frustration for not having it.
Religion = Morals? Hey now. That statement grossly under estimates the value of the Shorud of Turrin and wheather or not an image of jesus on a cloth actually IS an image of jesus on a cloth.
This is NOT about missing values and morals. It's about one side of HAVES agaisnt another side of HAVE NOTS. The side of HAVES are few but make the rules. It doesn't matter how moral, truthful, honest or right the side of HAVE NOTS becomes because, even if the world is now only 70% pure but becomes apparanlty 90% pure, it's will still be corrupted by the thiving instincts and habits of those who HAVE. This is what they do. This is their power and it will always be. It's the design of the system. It is a derivitive of capitalism.
People who crave power over others and stop at nothing to achieve it lack the ability for empathy by definition. So yeah, that's what we're going to get and that's why things are no different now than they have ever been. What we need is 90% of the population to have "Chuck Norris empathy." I have a high level of empathic ability, but there are a few people I would still off if I had the chance as a matter of necessity.
You`re sounding like a communist... but I`ll reseve judgement.
Yes - there is a small group of `haves`, that`s life. The athists understand that - Darwin`s theory and the works of Vlebin cover it nicely... however the lack of a moral code is what`s leading us into the black hole.
"I am a Christian. That obliges me to be a Communist."-George Bernard Shaw
because,
"Capitalism provides bread, but with no moral basis."-F.Dostoyevsky
Re: web bot;
Who is going to fix it - you, me, our legal scholar president or the tooth fairy? Inquiring minds want to know.
You pose an honest question - its not fixable. Like the Noahmaic flood, sometime things need to get washed away before they can start anew.
" The POWER OF CHRIST COMPELS YOU!!"(silence.......)Uh oh---looks like they work for the OTHER guy.
'We're gonna have to go with multiple defenestrations. That seems to actually get results.' "Thanks for your time, Father Merrin.The hired mercs will take it from here."
That is.. if you actually WANT a solution.
I look forward to when "God's lepers" are afraid to go outside -- you rotten fucks earn every bit of social isolation and personal harm coming right at you!
No doubt, at that time there will be sound money.
new names for old crimes.
So why doesn't the same standard apply when a person goes and robs a bank? Steal $10 Million from the bank then pay the bank $20,000 not to prosecute. Unreal.
You need to rob a bank as a corporation.
Get a few of your fudge packer friends in dresses and lipstick.
Then because you are incorporated, no one knows a fucking thing except the money is clean and bonuses are paid.
Don't forget to tip Congress Inc. and Mary Shapiro, too.
How to regulate bad behavior ?
If there is legal arbitrage within the system and how it is
set up and operates you can only play arbitrator if you
are part of the system and thus be legal self regulator.
Or else, close the casino.
"Asymmetric Service Initiative"
What this newspeak? Maybe my ex-wife would have felt better if I said "Diversification of Amorous Intent?"
Funny, both of your phrases mean "Screw them."
Immediately empty out all Goldman facilities of all personnel north of Administrative Assistant, back up a bunch of buses, and move all these fine, talented business people into one of those nice, cozy FEMA camps. Let's start getting our money's worth out of them. Who better to populate them than the worst global financial terrorists, the main perpetrators of Crimes Against Humanity in our times? Justice, baby.
Camp 2 can be used for JP Morgan, Camp 3 for the fed. Camp 4, Treasury. You get the drift.
Imagine the immediate improvment in the economy? Not to mention National Security.
Let's move it there Eric. Get 'er done.
Regulator: Looks like I'm going to have to fine you 10 basis points for that last little thing you did that got away from us.
Goldman Exec: Ok. I've got it on me. I was going to use it to tip our masseuse for the happy ending, but here it is.
Regulator: We still on for Poker Tuesday night?
Goldman Exec: Sure.
LOL
This "revelation" does not seem tob e hurting their stock price much. But then again the "muppets" are still at work and probably have not heard this news item yet. If their clients stay with them then they deserve to be called muppets because they will have proven that they are in fact.
Corporate Death.
Until we instigate this, these fines are just nothing more than the cost of doing business. A license if you will.
•?•
V-V
Hey, if they can "disappear" a US citizen with no real evidence, let alone a trial by jury, then why the hell can't they pick up Blankfein, Dimon and maybe the other top 100 crooked assholes that are a cancer on our country and RENDITION them to BFE? Yes, included in the top 100 are Shapiro, Gensler, Holder, Geithner, Bernanke, Al Sharpton, Jesse, Krugman, Bill-O, Hannity, Maddow, Ed... OK, maybe the top 200.
four "our fathers" and six "hail mary's" seems like fair restitution...
.