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Jeff Connaughton

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Wall Street Lobbies to Prevent SEC Changes to High Frequency Trading and Stock Market Structure

Posted: 08/23/2012 9:00 am

In August 2009, then Senator Ted Kaufman wrote SEC Chairman Mary Schapiro to urge her to study quickly how dramatic changes in our stock markets had in only a few years time led to an explosive growth in computerized trading. THE PAYOFF: Why Wall Street Always Wins, written by Jeff Connaughton (Kaufman's chief of staff), tells how the letter triggered an "air wing" of Wall Street executives to fly to Washington and lobby Congress and the SEC.

Ted's letter to Chairman Schapiro helped draw the media's attention to dark pools and HFT, which began to receive extensive (and concerned) coverage in the financial press. The letter also transformed Ted from a virtually unknown Senate newcomer into a brightly flashing blip on Wall Street's radar screen. In response, Wall Street scrambled an entire air wing of bankers and lobbyists to buzz Capitol Hill. Soon, squadrons were swooping into our office, anxious to thwart new regu- lations following the financial crisis and, particularly, to prevent a crackdown on HFT. They were numerous (we typically met with five high-level Wall Street executives at a time) and unanimous. Whether a megabank, broker-dealer, or a hedge fund, they all said they believed that the stock market had never functioned better. "Competition has driven down the costs of trading," said one. "The spread between a stock's asking price and offer price has never been so narrow," said another. "There's always enough liquidity -- even during times of market stress -- to ensure that trades will almost certainly be executed," said a third. The refrain "mom-and-pop investors have never had it so good" was intoned by nearly all of them. As a former lobbyist, I almost had to admire the way they unswervingly stayed on message. And the message was that the status quo was good for everyone and that Ted and I were wasting our time exploring whether market changes might call for statutory and regulatory changes.

It would've been easy, and quite understandable, for us to be convinced by Wall Street's unanimous message. But we'd been educating ourselves about these issues and we were convinced that there were, to use Donald Rumsfeld's locution, too many unknown unknowns for us to stop burrowing for answers and prodding the SEC. Our chief burrower was Josh Gold- stein, a twenty-two-year-old college graduate who'd deferred entry to Yale Law School for a year to come work for Ted. Josh is brainy, curious, and tireless. He spent all day, every day, immersing himself in the arcana of HFT, stock market structure, and regulation. He soon became so knowledgeable that his questions in meetings would elicit who-the-hell-is-this-kid looks from Wall Street lobbyists. We also had help from a few industry insiders (who worked with us on the condition that we never mention their names publicly), which suggested there was less unanimity than Wall Street wanted us to believe.

We learned about a range of trading strategies, some of which are beneficial to the average investor, but some of which are predatory and harmful. One HFT strategy is called pinging. It involves attempting to "uncover how much an investor is willing to pay -- or sell for -- by sending out a stream of probing quotes that are swiftly cancelled until they elicit a response. The traders then buy or short the targeted stock ahead of the investor, offering it to them a fraction of a sec- ond later for a tidy profit" (the Economist). Another HFT strategy is called quote-stuffing. It involves purposefully sending millions of orders to one trading venue to slow it down imperceptibly so that the trader can take advantage of time and price disparities at other trading venues. There are also momentum strategies (in which traders take a position in a stock and then use HFT to generate market momentum that would benefit their position) and liquidity-detection strategies (in which traders use HFT to front-run -- that is, buy or sell microseconds ahead of -- incoming orders from pension and mutual funds). An SEC staffer stated that in some instances these strategies "could be manipulation" and "would concern us."

The Tabb Group estimated in 2009 that HFT generates $8 billion in profits annually. The question is: How much of this profit is from legitimate practices that benefits all investors, and how much of it is effectively an illicit toll extorted from average investors without their knowledge?

To read more and buy the book, visit jeffconnaughton.com

 
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In August 2009, then Senator Ted Kaufman wrote SEC Chairman Mary Schapiro to urge her to study quickly how dramatic changes in our stock markets had in only a few years time led to an explosive growth...
In August 2009, then Senator Ted Kaufman wrote SEC Chairman Mary Schapiro to urge her to study quickly how dramatic changes in our stock markets had in only a few years time led to an explosive growth...
 
 
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09:01 PM on 08/29/2012
Why do anything more than tax every transaction? 1% per trade boys. Thanks suckers.
02:53 PM on 08/24/2012
Most of the algos are set to game the market. They are in and out within seconds or far less time taking a profit - which is ultimatel taken from some poor schmuck (401k holders) that is actually investing in the markets. But then again - gaming of the markets by those on Wall St has always been true even before HFT. HFT is just the latest/greatest method.
nothingchanges
too soon old, too late smart
11:23 AM on 08/24/2012
Personal opinion.........

The vast majority of America's people want those responsible for our current financial quagmire to not only have to pay a penalty for what they did to our economy, and our personal wealth, but to have some sort of framework put into place to ensure that it can NEVER happen again.

Those in congress have a choice.

They can either do what their constituents desire, to work for the protection and benefit of the American people.

Or

They can profit by the situation, reaping millions of dollars personally, by selling out to the "special interests" and lobbyists.

"What to do, what to do, what to do".

Does anyone REALLY believe they'll have much of a problem............ making that decision?

I don't.
10:13 AM on 08/24/2012
I think this is an educational problem. Clearly most people don't really know what HFT is or how it works, or else they wouldn't be so alarmed by it. HFT is not a new thing, its always been around. Why should it be banned now? I don't see how HFT arbitrage has a negative effect, or any effect at all, on retail investors' fundamental strategy. Moreover, congress and the SEC are the ones who have shaped the markets into their current state. Look no further for who to blame if you don't like it. I wouldn't mind seeing a change in that area because the markets could be more efficient. A transaction tax is a silly idea because people would just trade somewhere else.
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Richard in CO
02:35 AM on 08/24/2012
Time to impose a hefty Transaction Fee upon high-frequency traders, particularly those trading in nanoseconds. The Fees could be progressively HIGHER, for high volumes and highest frequencies. Also, consider revising the Capital Gains tax rate on such traders. Those who "Qualify" for HIGHER TAX RATES, would be the highest volume and frequency traders. Why not? It's not unreasonable.
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mwelchRMI
sssSSssss....
09:21 AM on 08/24/2012
SOCIALIST!!!!!!!

(im kidding by the way, that sounds like the best idea i've ever heard)
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realitytrumpsbull
Two 'alves of coconut!
11:13 PM on 08/23/2012
I hope somebody trips over the power cord.
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Ma Lucille
a crack ~ that's how the Light gets in
10:57 PM on 08/23/2012
“The class which has the power to rob upon a large scale has also the power to control the government and legalize their robbery.”

Eugene Debs
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kamact
Market Observer
10:54 PM on 08/23/2012
It would be just to hang them....
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jstrate
10:02 PM on 08/23/2012
A simple solution to all of this unethical (although probably legal) behavior is to simply ban it. People like to complain about welfare bums but the high frequency traders, like welfare bums, appear to create nothing of social value and cost society (per bum or HF trader) a whole lot more.
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Zonatron
Agrarian Hippie
09:08 PM on 08/23/2012
Today the SEC withdrew its investigation into the management of money markets (this after the biggest MM fund in the industry - the primary reserve fund - broke the buck during the financial collapse). We have hit a moment in history where we have seen the defense of the monolith to the detriment of innovation, we the people, and decency. Corporations, in their own particular niches have mobilized an army (literally) of lobbyists and have infiltrated the hallowed halls of regulators, to ensure that no one can ever touch, break up or harm, the turf that they have cordoned off. Intellectual, financial, and scientific creativity has been squelched so that the big monied interests can now steal and call it business. Wall Street is a virus, a cancer, a plague. Capitalism IS the problem. We must change our monetary system to serve the WE society or we will certainly sink with the ship. The world is now run and owned by.... The Sopranos.

WASTF
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06:15 PM on 08/23/2012
Just ask a banker or hedge fund manager to explain how HFT fits into their favorite explanation of why the market always knows best, or how LIBOR or any proposed replacement of LIBOR fits into that explanation, and you will get the answer:

they don't know the answer.

Which means that: either there is no answer or...

Or?

Or there's gambling and dishonesty going on.
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AcademicFreedom
Often banned; always factual
05:22 PM on 08/23/2012
Most of the people making billions off of the trading processes you describe are tribal members and dems.
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realsurfin
Pardon me, can you help out a fellow American
03:58 PM on 08/23/2012
its killing the mom and pop investors like death of a thousand cuts.. a nickel and dime at a time. Those that have the money to have the information first are always going to win... and electronic trading is a high speed game. Now add a super computer that has enough money to put tens of thousand of trades in at a time... and you got mom and pops retirement being decimated in the blink of an eye...

its like a sniping program they use in ebay auctions.
01:17 AM on 08/24/2012
HFT cannot "nickel and dime" a traditional strategy. A value investor is not buying and selling at a frequency where the nickels and dimes even come close to brokerage fees. There are rules against stocks moving rapidly, let alone a 90% drop in milliseconds. A human cannot react to the micro changes in a stock's price nor should they. One could go so far that HFT actually requires investors to do their homework because there's less luck involved. The biggest risk now isn't in trading but in holding positions at a time when you can't unload the stock (see FB when they released their earnings after market close).
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realsurfin
Pardon me, can you help out a fellow American
08:06 AM on 08/24/2012
yes they can because they can drive price either making you chase it or driving the price down.. when its high speed your trades often get passed over... because the Q becomes huge on the volumes of the trades that are beating you out... the market maker can either raise the price past you or drop past you... and you can get slammed with a market order.

their might be rules but that does not stop manipulation in favor of the HFT.
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TallMagnolia
08:19 AM on 08/24/2012
I guess you didn't read the article because there is a laundry list of practices that look like blatant cheating. Making money by offering high speed bogus quotes to just to short another investor or taking advantage of timing delays. How is that investing at all? It's not, it's skimming.
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Craig2
Living in the great State of Jefferson
03:56 PM on 08/23/2012
Good afternoon, Ancient atheist and capitalist here. We as a culture should not tolerate snakehandlers. Be they Minister or Banker or Missouri Doctor.
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Ray Cote
10:22 PM on 08/23/2012
Or Government Regulator. By what strange magic do these Bureaucrats divine the optimal speed of stock market trading?
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30Taurus
Now is the time and you are the one.
03:32 PM on 08/23/2012
What you can do is get out of the game. There is no way to own financial instruments without paying somebody you don't like.
I pulled the plug in 2003 - dumped everything, not that there was a ton of it. But I realized that "Wall Street" is the most toxic industry on the planet.
It ain't like I'm fat at this point, but there is something about working for a living that beats the heck out of worrying about how (or what) my money is doing.
If you own stocks, bonds, mutual funds, etc... if you are in "the market," then you are paying these crooks. What's more, you are vested in a consumption-based economic model.
Your kids think they want the trust fund, but what they really want is a healthy environment to raise their kids in.
Get out of the market. You won't believe how much better you feel.