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Swiss Bank Threatens to Sue NASDAQ Over Facebook IPO

jfruh writes "On the day of the Facebook IPO, the NASDAQ's trading systems suffered multiple failures and couldn't confirm buy orders for several hours. Big banks buying shares for their funds and customers placed multiple orders as a result, and bought more Facebook stock than they intended to as a result. NASDAQ has agreed to set up a fund to compensate them for their losses, but apparently this isn't enough for Swiss bank UBS, which is threatening legal action."

147 comments

  1. what if they did it... by Anonymous Coward · · Score: 0

    on purpose ?

    1. Re:what if they did it... by Penguinisto · · Score: 3, Insightful

      Well, judging by UBS's saber-rattling, we know who got left holding a big bag of Zuckerberg-fueled hype, now don't we?

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:what if they did it... by camperslo · · Score: 1

      Let them trade the shares for credit default swaps.

    3. Re:what if they did it... by CodeReign · · Score: 4, Informative

      Read the fucking summary, they purchased multiples when the confirm was not received. Therefor they now have more dead IPO than they had wanted because a system failed to produce the appropriate response.

    4. Re:what if they did it... by oztiks · · Score: 1

      Yeah, in that case NASDAQ cannot be held accountable for the money they lost. If suing which is the issue id see them going after the extra cost the shares incurred.

      Having said that, I'm certain NASDAQ's systems has a defined set of terms of use for traders, i.e if the system screws up we (NASDAQ) are not liable sort of thing, just like a terms of service agreement with an ISP, the net goes down people cant really sue over it.

    5. Re:what if they did it... by Anonymous Coward · · Score: 0

      They deserve it. They purchased multiple shares, they got muliples shares.

    6. Re:what if they did it... by Anonymous Coward · · Score: 0

      UBS clicked the PAY Button twice and got served twice.

      That's all folks, nothing to see, go to a different article.

    7. Re:what if they did it... by MarkGriz · · Score: 1

      So when you click multiple times on the shopping cart "BUY NOW" button, because you don't see the THANK YOU FOR YOUR ORDER message,
      that is the fault of the vendor, and not the idiot repeatedly clicking?

      If UBS had a damn clue, they would have sorted the issue out instead of repeatedly submitting orders.

      --
      Beauty is in the eye of the beerholder.
    8. Re:what if they did it... by hobarrera · · Score: 1

      That's why they're sueing, a judge decide whether those terms are really applicable or not.
      I'm not very familiary with US law, but on plenty of countries, there are terms that, even if both parties accepted them, have no actual value.

    9. Re:what if they did it... by hobarrera · · Score: 1

      No, this looks more like a "Ooops, connection timeout error", and then clicking again. If it says error, you'd expect the transaction to not-have-completed.

  2. LOL by Anonymous Coward · · Score: 0

    Well that's what you get buying the stock of a shit company.

    1. Re:LOL by 2.7182 · · Score: 4, Funny

      Basically it sounds like someone clicked the buy button like they were pushing an elevator button to make it arrive faster. That works, you know.

    2. Re:LOL by Anonymous Coward · · Score: 4, Insightful

      So you're saying if you pushed the elevator button and got no response (no light, nothing) you wouldn't push it again? You would just stand there with your dick in your hand hoping that the press registered?

    3. Re:LOL by CheshireDragon · · Score: 5, Funny

      Probably wouldn't last too long. I am sure some people would start to question why your dick was out in the first place.

      --
      "That's right...I said it."
    4. Re:LOL by Anonymous Coward · · Score: 2, Insightful

      If it was charged per press I would seriously consider some dick holding time.

    5. Re:LOL by Sir_Sri · · Score: 2

      True, but it depends how the system works. If you're supposed to click to buy button until you see 'transaction accepted' and they double processed the buy button that's messy. If the system said 'request timed out try again' then NASDAQ is in real trouble.

    6. Re:LOL by AK+Marc · · Score: 4, Interesting

      No, I want $1000 dollars of FB. If that's 40 shares at the time I place the order and 20 shares at the time the order is processed 4 hours later because Nasdaq screws up, I get 40 shares and a bill for $2000. It's not about trying the order 10 times because it doesn't confirm, but that you buy shares, not $$$, so if the price changes in 4 hours on IPO day, you will get screwed. And price will *always* change on IPO day.

    7. Re:LOL by PopeRatzo · · Score: 4, Funny

      So you're saying if you pushed the elevator button and got no response (no light, nothing) you wouldn't push it again? You would just stand there with your dick in your hand hoping that the press registered?

      My dick was in my hand before I got on the elevator.

      --
      You are welcome on my lawn.
    8. Re:LOL by canajin56 · · Score: 1
      No yourself! Maybe that's also an issue, but it's not what TFA mentions.

      To ensure that orders were filled they were entered multiple times before the necessary confirmations from Nasdaq were received and UBS' systems were able to process them, it said.

      However, Nasdaq ultimately filled all of the orders, giving UBS far more shares than clients had ordered, according to UBS.

      --
      ASCII stupid question, get a stupid ANSI
    9. Re:LOL by fuzzyfuzzyfungus · · Score: 4, Insightful

      So you're saying if you pushed the elevator button and got no response (no light, nothing) you wouldn't push it again? You would just stand there with your dick in your hand hoping that the press registered?

      If I ran the risk of possibly buying a thousand shares of facebook stock every time I pressed the button, I'd start to give the 'dick in hand' strategy some serious consideration...

    10. Re:LOL by Columcille · · Score: 1

      Except the price went down, not up, so in your scenario, investors either got more shares, or spent less money.

      --
      I love my sig.
    11. Re:LOL by NemosomeN · · Score: 3, Insightful

      UBS' customers were hammering the "buy" button, UBS forwarded that along to NASDAQ, NASDAQ responded with "BRB," UBS' customers canceled all of the button mashing trades, NASDAQ delivered all of the trades, without regard to those that were canceled. UBS is right that they shouldn't be on the hook for the losses, since it was NASDAQ that caused the problem. Or at least they would have been right, if they hadn't signed a contract limiting NASDAQ's liability to a pittance. Regardless, clients were made whole, and the only ones who will be harmed by this should have known their protection from this type of loss was limited.

      --
      I hate grammar Nazi's.
    12. Re:LOL by smellotron · · Score: 4, Insightful

      No, I want $1000 dollars of FB. If that's 40 shares at the time I place the order and 20 shares at the time the order is processed 4 hours later because Nasdaq screws up, I get 40 shares and a bill for $2000.

      Allow me to introduce you to the limit order. You want to buy $1000 of FB and your screen/broker/google-finance says that it's $25/share? Send your limit order for 40 shares @ $25. If the price jumps up (regardless of the reason) you won't get filled and you'll have to try again later, but at least you're not stuck with a mystery bill for your purchase. If you sent a market order for 40 shares... well... I hope it was a good learning experience.

    13. Re:LOL by aaaaaaargh! · · Score: 2

      If I was a programmer for embedded microcontrollers of elevators, I'd make sure that the elevator comes faster and overrides other requests if you push the button fast and repeatedly, but I wouldn't tell anyone ... just for fun.

    14. Re:LOL by dna_(c)(tm)(r) · · Score: 1

      You would just stand there with your dick in your hand hoping that the press registered?

      If you're famous enough, the press would register that although the pictures might be censored in some ways...

    15. Re:LOL by Joce640k · · Score: 1

      So you're saying if you pushed the elevator button and got no response (no light, nothing) you wouldn't push it again? ?

      If it was $100 per press I'd give it a bit more time to respond.

      --
      No sig today...
    16. Re:LOL by Anonymous Coward · · Score: 0

      The truth of the matter is with all the speculation people thought the opening price was going to be $50+. So before it opened you were allowed to place limit orders for whatever price you thought FB was going to open at. The thing was if you placed a limit order over $42 you got filled at $42 even though FB opened at $38 lol. $4 out of the money right away and it never touched $42 or $38 again.

    17. Re:LOL by halcyon1234 · · Score: 2
      Did they not read the warning message? "Please click this button only once! Do not use the Back button on your browser!"

      I bet they also ignored "Works best with Internet Explorer 7, 1024x768 resolution."

    18. Re:LOL by Rich0 · · Score: 1

      Can't you simply place BID/ASKs? You could bid 40@$25 and leave it up all day - if the price drops enough you'll get shares, and if somebody is trying to unload they might lower their offer price when they see your order in the book.

      My understanding is that this is how the market actually works anyway, so I never got why consumers just end up doing market/limit orders.

    19. Re:LOL by smellotron · · Score: 1

      What you are describing is a limit order. Some people use the terms "bid" and "ask" to describe "buy" and "sell" orders that rest in the order-book before passive execution, in which case "limit" is implied.

  3. Boo hoo! by Kaz+Kylheku · · Score: 2

    Who submitted the orders, NASDAQ or the Swiss bank?

    If the system is down, don't keep submitting orders. Or keep track of them yourself? Gee, you're a big bank, you can count!

    The trading systems have disclaimers which cover this kind of eventuality (order execution times not being guaranteed).

    1. Re:Boo hoo! by SomePgmr · · Score: 1

      You'd think they would have some kind of resolution plan for this that the exchange and participants both agreed to. It's not like any business, anywhere, doesn't have problems turn up.

      If the compensation fund is exactly (or better than) what's in those terms, you'd think the bank would get told to "go screw".

    2. Re:Boo hoo! by Mashiki · · Score: 2

      Pretty much. Exclusion times are not guaranteed, and you can end up paying more, or less, or not getting anything at all. They can whine, and thrash about all they want but they're sure not going to get anywhere. To me it seems like they tried to make a big bet on the IPO being worth more, and it's now tanking hard(and will tank harder) and are trying to recoup losses by doing this instead. Yeah...not gonna work there guys.

      --
      Om, nomnomnom...
    3. Re:Boo hoo! by Prof.Phreak · · Score: 2

      frankly, I'm not sure why NASDAQ didn't bust clearly erroneous trades made on day 1. That would've made investment banks unhappy, but then nasdaq wouldn't be in such a big mess itself... Most out of whack trades from ``Frash Crash'' got busted, why not trades-during-trading-system-crapping-out periods?

      --

      "If anything can go wrong, it will." - Murphy

    4. Re:Boo hoo! by Sir_Sri · · Score: 2

      I think the problem is that the compensation fund is no where near adequate to cover the scale of the problem.

      The compensation fund is only in the 100 million dollar range. That sounds like a lot of money, but when you're talking about 5 or 6 billion dollars in trading,(or more) 100 million dollars doesn't go very far, especially if it's spread out over multiple parties, i.e. that's for more than just UBS.

      In that situation UBS is (probably correctly) taking the position that NASDAQ as a trading entity isn't able to meet it's contractual obligations in repayment for messed up trades, because the fund isn't big enough, and UBS wants all of their money back. Which, if this was a much smaller event they probably would have been entitled to.

      Whether or not there's some bigger insurance system here I have no idea. But it seems like the fund NASDAQ has is for as you say problems that turn up routinely. I'm just not sure it's adequate for the scale of the problem of hundreds of millions of dollars in duplicate transactions that can't just be 'reversed' easily, especially since NASDAQ can't take the shares back, sell them and then have enough for compensation.

    5. Re:Boo hoo! by mysidia · · Score: 3, Insightful

      If the system is down, don't keep submitting orders.

      Exactly. Absence of a confirmation is not confirmation that there is no order.

      In that case, the transactionally correct action would be to cancel the original order, and receive confirmation of the cancel, before attempting to place another order.

      Of course... if Facebook stock had gone up instead, then they would complain that more orders were cancelled and not resubmitted than they intended.

    6. Re:Boo hoo! by hawguy · · Score: 4, Informative

      If the system is down, don't keep submitting orders.

      Exactly. Absence of a confirmation is not confirmation that there is no order.

      In that case, the transactionally correct action would be to cancel the original order,
      and receive confirmation of the cancel, before attempting to place another order.

      That depends on what the protocol spec says. If NASDAQ acknowledged receiving the order but didn't confirm that the order was placed, it's entirely possible that the right thing to do was send the order again under the assumption that it didn't get filled.

      Of course any system that doesn't use unique transaction ID's to prevent dupes is braindead, but I've been appalled at some of the brain dead protocols I've seen that are used to transfer large volumes of transactions amongst businesses (sometimes involving someone manually keying them in on both ends with no check digits or other verification.)

      Of course... if Facebook stock had gone up instead, then they would complain that more orders were cancelled and not resubmitted than they intended.

      That's why you better make sure your systems work correctly before you accept billions of dollars of orders since your liability can be measured in billions of dollars.

    7. Re:Boo hoo! by Anonymous Coward · · Score: 0

      Oh, it will work. They'll just get a nice bailout courtesy of the US taxpayers. That's how its done in business.

    8. Re:Boo hoo! by vux984 · · Score: 1

      Exactly. Absence of a confirmation is not confirmation that there is no order.

      Why not? If I send a TCP packet over the wire and don't get an ACK, within the window, then the protocol is to retransmit. If you don't get an ACK, you assume the packet was lost.

      In that case, the transactionally correct action would be to cancel the original order, and receive confirmation of the cancel, before attempting to place another order.

      So... what happens if Nasdaq has received the order, sent the confirmation back and then filled the order?

      Meahwhile, although nasdaq sent the confirmation, an error of some sort prevents it from being received. That looks the same to the sender as not having received it. So now you argue the swiss bank's proper course of action is to cancel the order it actually wanted to make and which has already been filled.

      I'm not sure that's even possible, never mind correct.

    9. Re:Boo hoo! by Anonymous Coward · · Score: 0

      "I only hit print once, I dont know why there are so many copies"

    10. Re:Boo hoo! by Mashiki · · Score: 1

      Oh, it will work. They'll just get a nice bailout courtesy of the US taxpayers. That's how its done in business.

      Awesome. Can I get some bailout money courtesy of the US taxpayers? I'm America's Hat after all.

      --
      Om, nomnomnom...
    11. Re:Boo hoo! by sjames · · Score: 1

      The correct measure is to use a unique ID as suggested above. In the case of TCP, the sequence number in the header counts for that.

    12. Re:Boo hoo! by Anonymous Coward · · Score: 5, Informative

      I work in the trading industry with experience tracking down order problems between client and exchange, and if you do not receive information on your original order status you had better contact the exchange to find out what happened. FIRING ADDITIONAL ORDERS INTO THE ETHER IS A STUPID DECISION AND YOU ARE 100% LIABLE FOR BEING AN IDIOT.

      Pretty much all of the exchanges use a unique order ID function for tracking orders (both client-unique and exchange unique generated on either side and provided to the other). Once you submit the order a few different things need to happen for almost all exchanges.

      You will receive an order confirmation (Ack message) which will typically contain all of the same information your order had in it along with the Exchange Order ID (you have your own client order ID attached to the trade which is echoed back to you too) or you will receive a Reject message if your order has something wrong with it (price is not valid for the security you are trading, order ID is a duplicate of one you sent already, order type is not allowed for your account, you are submitting a day order during an invalid session, trading is suspended on that security, etc).

      Once your order is acknowledged IT IS LIVE ON THE MARKET. There isn't a valid order state where the exchange has accepted the order, but it won't match in the matching engine against suitable orders (bugs not withstanding, but are extremely rare). Some order types like IOC orders may not be acknowledged but must come back as a trade or a cancel message (IOC is "immediate or cancel", as-in match my order now or cancel it back to me).

      If you submit an order and it does not either come back as acknowledged, filled, cancelled, or rejected then you DO NOT KNOW THE CURRENT STATE OF THE ORDER AND MUST CONTACT THE EXCHANGE FOR ASSISTANCE. At this time your order is considered live (to you at least) and may come back filled at any time! If you have not received an order acknowledgement or reject message you can TRY to cancel your pending order using your own client order ID on some exchanges (others mandate you cancel your order based on their exchange ID), but until you get a FULL cancel confirmation your order is considered LIVE on the market and may be filled at any time.

      Let me repeat one more time: while your order is in any other state than fully canceled, filled, or rejected you MAY BE FILLED at any time!

      Poster before you is correct, anyone who continues trading without knowing exactly the state of their order is a FOOL. You cannot assume anything about the state of your order if you are missing information from the exchange.

    13. Re:Boo hoo! by Anonymous Coward · · Score: 0

      This is a matching engine problem, not a TCP problem. Your TCP session with the exchange may be fully up and working without packet loss but your orders are in an invalid or "limbo" state within the matching engine. In this case the TCP stream will offer you 0 useful information about the state of your order. See my post a few above about valid order states.

      In this situation you must get the exchange to confirm your order is fully accepted or cancelled in the matching engine in order to know for sure what is going on.

      Additionally, if you get a cancel confirmation of the entire quantity on your order ID, but then get filled (or partially filled) you can have the exchange invalidate or "bust" that trade. It is not your liability in that situation.

    14. Re:Boo hoo! by smellotron · · Score: 2

      That depends on what the protocol spec says. If NASDAQ acknowledged receiving the order but didn't confirm that the order was placed, it's entirely possible that the right thing to do was send the order again under the assumption that it didn't get filled.

      The OUCH specification says, "All Inbound Messages may be repeated benignly." If UBS sent multiple (identical) orders with the same Order Token, then they would (should?) have been fine due to filtering of duplicates. However, perhaps their client software didn't actually re-send identical messages (due to the rarity of this type of system outage, and laziness) but may have generated unique Order Tokens. Whoops, that's multiple orders, sent in a panic without thinking about the associated obligation.

    15. Re:Boo hoo! by nri · · Score: 5, Informative

      "If NASDAQ acknowledged receiving the order but didn't confirm that the order was placed, it's entirely possible that the right thing to do was send the order again under the assumption that it didn't get filled."

      Exactly, you resend with a poss resend flag on the fix message

      http://fixprotocol.org/FIXimate3.0/en/FIX.4.2/tag97.html

      my guess is an algo went out of control at the swiss bank.

      (disclaimer, I work with FIX messaging as a day job and I used to worked for a company that is now part of OMX-NASDAQ)

      --
      if :w! doesn't work, try :!cvs commit -m""
    16. Re:Boo hoo! by sjames · · Score: 1

      Yes. As near as I can determine by observation, the only people not permitted a bailout are the U.S. tax payers.

    17. Re:Boo hoo! by mysidia · · Score: 2

      However, perhaps their client software didn't actually re-send identical messages

      I don't think it's necessarily safe to assume that it wasn't a human erroneously thinking they were "resubmitting" their order to the client software, and the client software dutifully generating a new unique client order identity each time.

    18. Re:Boo hoo! by sjames · · Score: 1

      The TCP sequence number is the solution to an analogous problem, the unique id is the solution to this problem. They are related strongly but one does not replace the other. I didn't mean to suggest that a TCP connection to the exchange is actually part of transaction integrity with the exchange.

      According to information above, such unique ids ARE in use so that a message may be repeated safely and still only count once so long as the ID is the same on each.If that's what happened and NASDAQ treated each re-send as a seperate order, they should be fully liable. If, OTOH, each re-send had a unique ID on it, UBS is at fault and should be fully liable.

      The unique ID works exactly the way TCP sequence numbers work to maintain integrity in a stream. The sender can re-send as necessary to get an ACK response without the possibility that the packet contents will be duplicated in the stream. The receiver can re-send an ACK as many times as necessary without fear of accidentally acking data it hasn't actually seen.

    19. Re:Boo hoo! by burning-toast · · Score: 1

      This is mostly about FIX and not OUCH protocols (but IIRC they work the same or similarly for this purpose):

      The TCP sequence number isn't related at all in these streams to the order ID. There actually is a separate sequence number which tracks the fix protocol stream to make sure all of the messages were received and got parsed, and the order id is only to make sure none of the orders get duplicated and control messages (cancels, fills, etc.) are attributed to the right order. The order ID doesn't track missing orders AT ALL or make sure your order isn't floating in space somewhere. You can have multiple orders pending through one session at a time with wildly different ClOrderID's. For instance, you could have orders with ID's "jimbob", "timbob", "whopee", and "1xa3vr47pt2" all sent into the exchange through one session at once. Start sending "new order" fix messages with new sequences and old client order ID's and you will just get rejects for those messages. Start sending old sequence numbers with the resend flag set (closer to protocol) and you are likely to cause a sequence number reset message with the exchange (which can screw the pooch on your session unless you wrote to spec EXACTLY).

      If you increment the sequence number without changing the client order ID you are then sending a NEW order with the same order ID and you will likely receive an order reject message from the exchange for the resent order (confused yet?). Doing this is an easy way to confuse your own state tracking unless you are very prudent in how you parse the protocol messages since you will receive a reject message with the orderid of BOTH of your orders, but the reject will be on a specific sequence number to tell you which particular message was rejected. If you don't take sequence number into account while tracking state then you will close out a VALID AND PENDING order on your system (but not the exchange) because you tried being a smart butterfly and sent it in twice... (Yes, I've seen this happen)

      Using the resend flag on a message with an incremented sequence number is a really easy way to get your session disconnected from the exchange unless you have built a rather robust fix processor on your side and you have thoroughly tested this with the exchange during certification.

      In any case, if your fix messaging is keeping sequences appropriately with the exchange (which it likely was during this issue between NSDQ and UBS), attempting to do ANYTHING with the orderID other than cancel it is a really easy way to screw yourself... Resending orderid's in a fast / repeat fashion is a really easy way to find a race condition bug in the matching engine or your own fix parser and screw yourself...

    20. Re:Boo hoo! by sjames · · Score: 1

      It reminds me of something Scotty said once: The more they overthink the plumbing, the easier it is to stop up the drain.

      Somewhere in there is a simple and highly robust protocol struggling to get out.

    21. Re:Boo hoo! by TheDarkMaster · · Score: 1

      Greed turns adults in really dumb idiots.

      --
      Religion: The greatest weapon of mass destruction of all time
    22. Re:Boo hoo! by Anonymous Coward · · Score: 0

      Most clients do not use FIX for NASDAQ. You should know that if you work with FIX messaging. It's OUCH and RASH.

    23. Re:Boo hoo! by smellotron · · Score: 1

      I don't think it's necessarily safe to assume that it wasn't a human erroneously thinking they were "resubmitting" their order to the client software, and the client software dutifully generating a new unique client order identity each time.

      Oh, I totally agree. I can't imagine many trading UIs come with the "sends duplicate orders" feature; especially those developed in-house. However, owing to the speed of modern trading systems, I would hope that more UIs would be developed that limit in-flight (unacknowledged) orders.

    24. Re:Boo hoo! by smellotron · · Score: 1

      Somewhere in there is a simple and highly robust protocol struggling to get out.

      Yeah, they call it OUCH. FIX is the "enterprise" solution, in that it requires an enterprise architect to craft the specification and it is still vague enough that some of the exchanges end up including errata in their own client specifications (section 5.4).

    25. Re:Boo hoo! by sjames · · Score: 1

      That does look more reasonable.

    26. Re:Boo hoo! by Kaz+Kylheku · · Score: 1

      Indeed!

      It's like when the network is lagged, and you keep typing commands and hitting Enter.

      If by doing that you delete files accidentally, do you sue the network? The developers of OpenSSH? :)

  4. Dear Swisstards by sexconker · · Score: 0, Troll

    Please stop harboring tax evaders and money launderers. You're supporting fraud, poverty, drug abuse, gun crimes, gang violence, etc. etc.

    You clicked "BUY BUY BUY BUY BUY" during your greedgasm and Facebook flopped.

    F
    U
    C
    K

    O
    F
    F

    1. Re:Dear Swisstards by Anonymous Coward · · Score: 5, Insightful

      As a swiss i'm a bit offended by this post. You're right about it beeing UBS' fault.
      But the rest is PURE BS.

      We have some privacy laws. Like forbiding any government (including ours!) to snoop around our finances. That's it. There will always people who abuse this. But if you want to live in a police state with no privacy fine. I'm a regular citizen, pay my taxes and i still think it's a good thing the gov can't snoop around my bank accounts.

    2. Re:Dear Swisstards by sexconker · · Score: 2, Insightful

      Cry more. Swiss banks knowingly and willingly aid and profit from serious crimes.

    3. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      As a non-swiss I'd like to ask more people to avoid/evade taxes so you fuckers stop invading everyone.

      Thanks
      The rest of the world.

    4. Re:Dear Swisstards by DoofusOfDeath · · Score: 0, Offtopic

      Your privacy laws also helped the Nazi party hide money they stole from the Jews, if I recall.

      So yeah, 6 of one, half of another I guess.

    5. Re:Dear Swisstards by Anonymous Coward · · Score: 1

      Dear Ameritard

      Please stop marching into countries and shooting civilians

    6. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      - this post brought to you by the resident IRS employee

    7. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      This being the opinion of a person who has stated that if you own a laptop then you're a tool.

      Go away please.

    8. Re:Dear Swisstards by Anonymous Coward · · Score: 1

      Completely missing the point. Then it's swiss banks who should be investigated, to which i kinda tend to agree. This has absolutely nothing to do with the privacy laws.
      Insulting all swiss people also isn't really helpfull here.
      Troll harder.

    9. Re:Dear Swisstards by Anonymous Coward · · Score: 2, Insightful

      Privacy laws are for everyone, good or bad - but we cant let the bad ones cause us to accept a police state

    10. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      And the USA got itself lots of Nazi scientists after WW2. What can you say about that?

    11. Re:Dear Swisstards by Intropy · · Score: 1

      To be fair, he said "Please stop harboring tax evaders and money launderers." You (assuming same AC both posts) assumed he was talking to the Swiss Govt. He could just as easily be addressing banks as the Swiss government or people.

      FWIW I agree with your principle. Privacy is good. Laws protecting your privacy are good. People can do bad and good things with their privacy. Doing bad things, privacy or not, is bad.

    12. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      The Tor Network can be used by a political dissident to evade an oppressive government's censorship or to trade child porn. Should we ban it?

    13. Re:Dear Swisstards by psiclops · · Score: 2

      so get your country to make it illegal to trade with swiss banks????

      --
      i spent five minutes thinking and all i got was this crappy sig
    14. Re:Dear Swisstards by cheesybagel · · Score: 1

      They were also used by Jews to hide money from the Nazis.

    15. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      They aren't committing Swiss crimes.

      Oh, that's right. We get to tell other nations how to act. Might makes right and all.

    16. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      "But if you want to live in a police state with no privacy fine. I'm a regular citizen, pay my taxes and i still think it's a good thing the gov can't snoop around my bank accounts."

      He and I do live in a police state with no privacy. We are jealous of your privacy and our government fears it and is willing to violate any sovereignty or property rights to invade it. As you have seen in Switzerland.

    17. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      bad people do bad things. That is not a good reason to remove protections from people just because it is possible they will abuse that freedom.

    18. Re:Dear Swisstards by Smauler · · Score: 1

      You'd have thought that those living in the land of the free would object more to government intrusion upon civil liberties.

      I'm not Swiss, but to OP : you're a fucking idiot. You do not know what you are saying, literally. If you want Swiss banks to stop trading in the US, I'm sure they can.

    19. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      So does the postal service. Doesn't mean I think they should start inspecting every package.

    20. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      Your privacy laws also helped the Nazi party hide money they stole from the Jews, if I recall.

      Dear hammer, please stop hitting human heads.

    21. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      And the American government pardoned and granted immunity to people, who commited war crimes. Knowingly. In exchange for their knowledge on biochemichal warfare, gathered through human experimentation - you know, vivisections, dropping plague fleas on people, giving candies infested with some disease to unsuspecting people (including children) just to see what happens...
      No, really. Look up unit 731.

    22. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      +1

      The car analogy here would be, well, the car. One has more freedom and privacy with their own car than with public transport but, of course, people routinely abuse this freedom. If you want to live in a country which forbids cars to eliminate the problems that this freedom brings then please do so and kindly leave the rest of us alone.

    23. Re:Dear Swisstards by LordFolken · · Score: 1

      Way ahead of you... It's simply impossible now to open a swiss bank account with american citizenship.

    24. Re:Dear Swisstards by LordFolken · · Score: 1

      It also helped the jews survive. The Nazis simply did a sort on the list with jewish bank accounts and their ammounts. They just killed and targeted everyone starting from the top. Appropriating the money themselves in the process.

      Which was one of the reasons why the swiss adopted bank secrecy laws in 1935.

    25. Re:Dear Swisstards by sexconker · · Score: 1

      They aren't committing Swiss crimes.

      Oh, that's right. We get to tell other nations how to act. Might makes right and all.

      So it's legal to sell drugs, guns, and people in Switzerland?

    26. Re:Dear Swisstards by Anonymous Coward · · Score: 0

      Swiss banks knowingly and willingly aid and profit from serious crimes.

      And as if your government doesnt do the same? Don't care what country your from, it's true.

  5. legal action because it is falling? by HaaPoo · · Score: 5, Interesting

    if the price was going up, would they be returning the stock for a refund?

    1. Re:legal action because it is falling? by nedlohs · · Score: 4, Funny

      If your phone company undercharged you one month would you complain? What if they overcharged you several thousand dollars?

      Amazing that you would invest different amount of efforts into resolving those situations. Amazing I say!

  6. Don't hit refresh! by Anonymous Coward · · Score: 2, Funny

    Did they ignore the bit where it says don't hit refresh in your browser?

  7. I thought this was already happening by ackthpt · · Score: 4, Insightful

    But then, when you buy stock in a company with no real product and it tanks to about 50% it's IPO value, you can only blame yourself and your silly Bay of Pigs attitude towards business.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:I thought this was already happening by macromorgan · · Score: 1

      But then, when you buy stock in a company with no real product and it tanks to about 50% it's IPO value, you can only blame yourself and your silly Bay of Pigs attitude towards business.

      Facebook has a product. It's you.

    2. Re:I thought this was already happening by BeanThere · · Score: 2

      It doesn't really make sense to entirely blame traders here .. what about all the traders that tried to sell early to minimize their losses when they realized early into the IPO that it had been overvalued, put sell orders through at price $X, had their orders mysterious "fail", then get blocked from selling for hours while all they could do was watch the price (and thus their savings) keep falling? If that was (say) your own mother who could just watch some of her savings evaporate (and your inheritance) purely and only because of so-called "technical errors" that favored some traders while ripping off other traders, preventing her from selling early, and forcing her to be left holding dud shares priced much lower? Zuckerberg himself, on the other hand, had no such apparent problem cashing in over a billion worth of his shares really early. Face it, Zuckerberg pulled a fast one here, ripping off mom-and-pop investors to the tune of billions.

      And at least the institutional investors, like UBS, at least have a team of lawyers where they can get some form of "justice". Mom-and-pop investors don't.

      And this is by far not the only problem with the IPO that makes it all look rather like a whole pattern of dodginess - there have been multiple dodgy things from start ... e.g.: http://www.marketwatch.com/story/hagens-berman-files-securities-class-action-against-facebook-zuckerberg-and-underwriters-continues-insider-trading-investigation-against-selling-shareholders-2012-05-25

      Hagens Berman Sobol Shapiro, an investor-rights law firm, today announced that it has filed a securities class-action lawsuit against Facebook, Inc. FB -3.82% , officers, directors and underwriters of the company's Initial Public Offering (IPO) on behalf of investors relating to allegations of whisper estimates withheld from all but a few select investors.

      Also, it wasn't just delayed orders. Prices were also mysteriously delayed. This means that people were placing buy and sell orders based on incorrect prices for some people.

      http://moneymorning.com/2012/06/07/facebook-ipo-fiasco-to-cost-nasdaq-40-million/
      But there were problems from the first trades went off around 11:30 a.m. EDT. Executions were late, allotments askew, and prices delayed. Investors who did manage to get shares were disappointed when Facebook stock barely finished above the IPO price on its first day of trading, closing at $38.27 ... "The retail investor, the true victim, gets lost in the shuffle,"

      (Note, in shares, the word "orders" can mean either "buy orders" or "sell orders" - I think some of the confusion on this thread stems from people thinking "order" always means "buy".)

    3. Re:I thought this was already happening by BeanThere · · Score: 1

      To be absolutely clear, I am not saying investors aren't at fault merely for making a 'bad investment'. (It was reasonably obvious in advance to anyone with a few brain cells that Facebook was a bubble stock.) However, we aren't talking about losses from just making a bad investment - we are talking about multiple different forms of either outright criminal trading fraud, and/or what is being called "technical problems" that resulted in "effectively negligently fraudulent" trading platform (that e.g. gave wrong prices, didn't allow people to sell who wanted to sell, etc.). So retail investors should maybe have lost some small amount of money from making a bad investment - but, they lost much more, due to fraud and a broken trading platform.

    4. Re:I thought this was already happening by Anonymous Coward · · Score: 0

      Y'all seriously overvalued me.

    5. Re:I thought this was already happening by smellotron · · Score: 1

      If that was (say) your own mother who could just watch some of her savings evaporate (and your inheritance) purely and only because of so-called "technical errors"

      I don't mean to defend NASDAQ at all (and IANA Financial Advisor), but my personal opinion is that (1) mom and pop should be treating IPO day like a day at the casino, not a rational investment; and (2) mom and pop shouldn't expect to open and close a position in a single day. They aren't day traders or scalpers, and they are sure to get burned by "overtrading" an IPO.

    6. Re:I thought this was already happening by Alioth · · Score: 1

      Notwithstanding, fraud is still not right even in a casino.

    7. Re:I thought this was already happening by nedlohs · · Score: 1

      Any "retail investor" trading in the first few days of an IPO deserves to lose their money.

      Of course that doesn't mean fraud is acceptable to ensure that happens, but it's really just speeding up the inevitable.

  8. what if it wen up by Anonymous Coward · · Score: 0

    They for sure wouldn't be returning profits to NASDAQ if FaceBook price went up rather than down.

  9. What I don't understand is... by CheshireDragon · · Score: 3, Interesting

    Why did anyone think this was going to be a good stock?
    I assume none of the share buyers or anyone that was involved ever had or seen a FB account.

    --
    "That's right...I said it."
    1. Re:What I don't understand is... by ErikZ · · Score: 1

      It's a good stock, because everyone uses facebook and think's it's a good stock.

      Buy in early, sell to the suckers.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    2. Re:What I don't understand is... by ThatsMyNick · · Score: 1

      Simple, you assume there will more suckers down the lane. It might even have a simple buy and sell in the next minute trade (which works works moderately well on the day of the IPO, depending on the hype and the pulse)

    3. Re:What I don't understand is... by Anonymous Coward · · Score: 1

      Everyone who did any analysis said it was wildly overvalued before the IPO.

      It was hyped by the various low content talking heads. The only thing that supported the IPO's valuation was that it was being traded privately at obscene values. In hindsight that was just rich idiots trading white elephants amongst themselves.

    4. Re:What I don't understand is... by AlienIntelligence · · Score: 1

      It's a good stock, because everyone uses facebook and think's it's a good stock.

      Buy in early, sell to the suckers.

      I know Barnum disagrees, what if there aren't enough suckers for liquidity =)

      -AI

      --
      For me, it is far better to grasp the Universe as it really is than to persist in delusion
    5. Re:What I don't understand is... by BeanThere · · Score: 1

      That's not what any of this is really ultimately about, e.g. cf comment above http://news.slashdot.org/comments.pl?sid=3020415&cid=40851961

      You would understand more clearly if you RTA (and some of the other articles about the various other lawsuits being filed).

    6. Re:What I don't understand is... by Anonymous Coward · · Score: 0

      UBS likely wanted to buy a bunch right at the open then sell it off as it spiked up briefly (which is exactly what happened).

      They're pissed now because their orders didn't go through until hours later after they missed their chance to play in the game.

      I can tell you they were probably not interested in a long term investment, nobody was stupid enough to believe FB was going to go up for very long.

  10. UBS is nothing but a bunch of whiners. by Anonymous Coward · · Score: 0

    UBS is nothing but a bunch of whiners. They should hire Phil Gramm. Oh wait, they did.

  11. Market Glitches by DukeWeber · · Score: 4, Interesting

    These are getting to be fairly frequent events. See http://www.forbes.com/sites/davidleinweber/2012/08/01/another-tech-glitch-roils-markets-how-simulation-could-help/ for comments on the problems this morning, and how traders might be able to build their own early warning systems

    --
    Author, "Nerds on Wall Street: Math, Machines & Wired Markets" Wiley, 2009 http://tinyurl.com/y93o9ol Fellow in Fin
    1. Re:Market Glitches by fuzzyfuzzyfungus · · Score: 1

      What I find disconcerting is not so much that peoples' systems break from time to time, that's to be expected; but that a single party's breakage can occasionally trigger such notable oscillations. That suggests that either the market is loaded with actors programmatically chasing one another off cliffs like lemmings on amphetamines(which actually don't do that; but they've somehow become symbolic of it), or that there is sufficiently substantial consolidation, relative to trading volume, that there are actors involved with enough money to single-handedly perturb substantial chunks of market by mistake...

      In a situation without hair-trigger herd behavior, and with a large number of (comparatively) small actors, individual system errors simply wouldn't have the magnitude needed to cause more than a ripple(and possibly bankruptcy for whoever made them; but so it goes).

  12. Dodged that bullet... by Anonymous Coward · · Score: 0

    What the F are they complaining about... "Hey! We weren't able to buy your stupid stock and we didn't lose 44% of our money! We're going to sue!"

    1. Re:Dodged that bullet... by TFAFalcon · · Score: 1

      It was the other way around. They waned to buy X shares, but the system didn't let them. So they tried again and again. Then, when system came back up, ALL of those orders went through. So they are stuck with way more stocks that lost 44% then they were planning on.

  13. A risk mitigation scheme? by yourpal · · Score: 1

    Was the lack of transparency on orders a result of a risk mitigation scheme in case there weren't enough retail investors to get suckered in? Now the banks can back out at taxpayer expense.

  14. exactly the opposite by damn_registrars · · Score: 1

    I assume none of the share buyers or anyone that was involved ever had or seen a FB account.

    I would wager it was exactly the opposite. Likely the vast majority of the buyers had accounts and thought "hey, if everyone is using this, then it must be on the road to insane profitability!". The problem is none of these people realized that there was no business plan behind it - at least, none beyond selling members' personal information.

    On top of that, a lot of people thought it would be the next Google. What they would have realized if they were paying attention before spending money is that in reality it is the next AOL.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:exactly the opposite by Genda · · Score: 1

      Ah, explains the new "You have FaceMail..." So now we'll have AOLusers and folks who got FACED... add them to the YAHOOs and there you are, the shallow end of the technological gene pool.

  15. So when.... by Anonymous Coward · · Score: 0

    When can we start executing bankers?

    Is it time yet?
    No? Gonna let them fuck some more people over... Okay..

    Well the idea is still here. its a good one too. i guarantee any banker we apply it to wont rip another cent off from anyone.
    We're gonna have to do it sooner or later too. They bought the regulators so they're free and clear unless someone grows some common sense.

    1. Re:So when.... by Kernel+Krumpit · · Score: 1

      I think Iran just sentenced 5 or 6 corrupt Bankers to hang. I'm kinda wishing that were done here if you know what I mean.

      --
      May the lies we live by make us strong, healthy, happy and wise - Kurt Vonnegut.
  16. USB has it's own legal problems by Required+Snark · · Score: 5, Interesting
    USB has legal problems that are far more serious them NASDAQ's inability to make timely trades. I can't help but wonder if this suit is partly an attempt to distract people from how much trouble USB is facing.

    USB, along with Barkley's and RBS (Royal Bank of Scotland) are all under investigation for rigging LIBOR. This is potentially the largest currency fraud in the history of the world. Literally 100 of TRILLIONS of US dollars may have been influenced by rigging interest rates.

    http://articles.economictimes.indiatimes.com/2012-07-28/news/32906786_1_libor-global-benchmark-interest-rates-credit-card-rates

    Soon, the trading had crossed to the euro rate markets, according to the settlement documents filed in the Barclays investigation. And by 2007, traders at RBS and UBS were seeking to influence the yen rate market, according to documents filed in 2011 in Singapore's High Court and in Canada's Ontario Superior Court.

    Traders at Barclays are believed to have participated in manipulating the rate for the dollar and the rate for the euro known as Euribor, according to documents filed in the Barclays settlement last month.

    RBS and UBS traders are a focus of the global investigation because of their alleged involvement in seeking to influence yen-denominated rates.

    Two RBS traders in London, Brent Davies and Will Hall, are alleged to have agreed to help a trader at UBS, Thomas Hayes, to manipulate yen Libor, according to court documents filed by the Canadian Competition Bureau.

    So USB getting press about how unfair NASDAQ is acting could be an attempt at a smokescreen while they deal with their own problems. It's been reported that these banks are willing to do almost anything to settle with regulators because they are terrified of the potential liability if any more information comes out. Bankruptcy is not out of the question, and neither is jail time.

    One can only hope that this time these evil bastards finally get some small measure of what they deserve.

    --
    Why is Snark Required?
    1. Re:USB has it's own legal problems by Sechr+Nibw · · Score: 2

      Your Tech meter exploded: You typed USB every time instead of UBS. Notably excepted from what you copied from that article and quoted.

    2. Re:USB has it's own legal problems by BeanThere · · Score: 1

      Didn't know 'USB' was having so much trouble, but what are the alternatives really? Firewire doesn't seem to be taking off and USB3 will obviate any speed complaints etc.

    3. Re:USB has it's own legal problems by Genda · · Score: 1

      Douglas Adams had it all right. Put the Bankers, Lawyers, Politicians, Insurance Executives, CEOs, etc... but not the phone sanitizers... in a space ship, launch it to a habitable but uninhabited planet, and get them all as far from the rest of the human race as is conceivably possible. Oh, and if the planet is uninhabitable, eh.

    4. Re:USB has it's own legal problems by TheDarkMaster · · Score: 1

      thugs rob people, great criminals rob banks. But the really big criminals are those who create banks.

      --
      Religion: The greatest weapon of mass destruction of all time
    5. Re:USB has it's own legal problems by Anonymous Coward · · Score: 0

      Also, Barclay's vs Barkley's

  17. Stupid Americans by Anonymous Coward · · Score: 0

    You see this is why Americans seem to think they are better than anyone else. They get pissed on by everyone for just about any flaw the rest of the world can drag up and all they have to say about is "I don't give a fuck" or some other inane response.

    As soon as somebody else's country has a taste of the criticism pie, they whine and complain and say it isn't fair.

    1. Re:Stupid Americans by Anonymous Coward · · Score: 0

      Every time I hear Eurotrash whining it makes me think the U.S. took the wrong side in World War 2.

  18. Neither do ozur governement "snoop" by Anonymous Coward · · Score: 0

    But when you are obviously moving money out of one country, and into anotehr and it is quite an obvious tax evasion, and the swiss bank and governement put a steel wall for you to iovnestigate FULLY knowing what wqas done was illegal, then you gotta understand why some people say "fuck off" tos wiss banks.

    1. Re:Neither do ozur governement "snoop" by Anonymous Coward · · Score: 0

      But when you are obviously moving money out of one country, and into anotehr and it is quite an obvious tax evasion, and the swiss bank and governement put a steel wall for you to iovnestigate FULLY knowing what wqas done was illegal, then you gotta understand why some people say "fuck off" tos wiss banks.

      I can equally say that the origin country is reckless by not checking money leaving the country. Since the evasion problem is on your side (there's little to no evasion in Switzerland), why don't you pass more draconian laws in your country to let the government check every and each transaction done by you and block it? Oh wait, that's the land of the mythical free market, so let all the riches build up evasion schemes in plain sight while actually checking every transaction of all small dogs that are left barking at Swiss banks...

  19. free cash for everyone by Anonymous Coward · · Score: 0

    Switzerland should just ask Finland's PM Jyrki Kateinen and Jutta Urpolainen for some cash. We will help everyone.

  20. Did banks really think FB was worth it ? by Builder · · Score: 2

    Most of the banks I know spend at least $300,000 a year on equipment and salaries to block sites like facebook. Given how much they spend to stop their own staff accessing FB, why did they try and sell it to other people?

  21. So IOC is really neither? by Anonymous Coward · · Score: 0

    Let me repeat one more time: while your order is in any other state than fully canceled, filled, or rejected you MAY BE FILLED at any time!

    So if you place an Immediate Or Cancel order you should expect that it may be filled 6 hours later? Should you still expect that your IOC order may be filled 48 hours later?

    That's just fing stupid, your IOC isn't Schroedinger's cat!

    1. Re:So IOC is really neither? by burning-toast · · Score: 2

      No, an IOC order should resolve to either filled, partially filled (with the rest pending fill or cancelled), or fully cancelled within a second at most. Any longer than this and you really need to call the exchange to find out what happened or to have them remove the order from the matching engine.

      Most of the time, with IOC orders, if you get filled after more than 4-5 seconds you can rightfully expect the exchange to bust those fills since that isn't really immediate or cancelled.

      The amount of time you wait before calling the exchange to cancel the order directly impacts your options for resolutions later.

      If you don't call about a missing order for 2 hours then you are liable for that 2 hour window. If you call immediately but they can't fix your order for 2 hours they are responsible for it (most of the time).

  22. Facebook? by Anonymous Coward · · Score: 0

    Instead of suing people, I'd be more concerned that my employees were investing in Facebook. Their stock has been on a dive forever now and I kinda fail to see any indication that it'll all of a sudden soar through the clouds. Maybe I'm being the dumb one here, but my money goes elsewhere.

  23. Typical UBS reaction :/ by Anonymous Coward · · Score: 0

    Having worked at UBS for a few years in one of their IT departments, this doesn't suprise me in the least. Nor does the "omgwtfbbq we didn't do anything wrong we're perfect who can we blame/sue?" reaction. From my own personal experience at the lower rungs of the ladder this is a mentality ingrained into the culture of that place that only gets worse the higher up you go... :/

  24. Two Words for you by RobertLTux · · Score: 1

    Plausible Deniability

    you see if you have every reason to believe that said planet is suitable for a colony but it turns out that say it is inhabited by Raptors or other Apex Predators (or has a periodic EM storms) then you are in the clear.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  25. Poor UBS by Anonymous Coward · · Score: 0

    Poor UBS. They are fine with providing account information to US Authorities, but can't handle a little glitch.

    I say they got a little of their just deserves.

  26. My experience is different. by 140Mandak262Jamuna · · Score: 1
    I am not a frequent trader. And I always submit limit orders. Usually good for 30 days or good for 60 days order, or even good until canceled orders. Usually a stock option black out period will intervene and cancel my unfilled orders.

    I have seen my sell orders execute at a higher price than my limit price. Also my rare limit buy orders have also executed at less than my limit price. I am not a trader so I don't know if this is the law and this is how they should operate, or my company has special agreements with our market maker and stock option managing company not to screw the inexperienced geeks like me.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact