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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."

39 of 147 comments (clear)

  1. 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 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...
    2. 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

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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""
    9. 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.

  2. 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.

  3. 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?
  4. 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!

  5. 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?

  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 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".)

  8. 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.

  9. 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."
  10. Re:LOL by Anonymous Coward · · Score: 2, Insightful

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

  11. 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.

  12. 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."
  13. 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
  14. Re:Dear Swisstards by sexconker · · Score: 2, Insightful

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

  15. 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.

  16. 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.
  17. 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

  18. 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
  19. 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...

  20. 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.

  21. 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.
  22. 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.

  23. 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.

  24. 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.

  25. 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?

  26. 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).

  27. 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."