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Futures Trader Arrested For Causing 2010 'Flash Crash'

New submitter dfsmith writes: Apparently the "Flash Crash" of the stock market in May 2010 was perpetrated by a futures trader in the UK. The US Justice Department alleges that he used a "dynamic layering scheme" of large-volume sell orders to confuse other buyers, hence winning big in his futures trades. "By allegedly placing multiple, simultaneous, large-volume sell orders at different price points—a technique known as 'layering'—Sarao created the appearance of substantial supply in the market. As part of the scheme, Sarao allegedly modified these orders frequently so that they remained close to the market price, and typically canceled the orders without executing them. When prices fell as a result of this activity, Sarao allegedly sold futures contracts only to buy them back at a lower price. Conversely, when the market moved back upward as the market activity ceased, Sarao allegedly bought contracts only to sell them at a higher price."

310 comments

  1. Allegedly by sexconker · · Score: 1, Informative

    Allegedly allegedly allegedly allegedly.

    1. Re:Allegedly by jklovanc · · Score: 2

      It has yet to be proven in court so it is "allegedly".

    2. Re:Allegedly by aardvarkjoe · · Score: 1

      It has yet to be proven in court so it is "allegedly".

      Yes, but you don't have to repeat it five times in a single paragraph. I would think that whoever is in charge of press releases for the DOJ would be at least be competent at writing.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. Re:Allegedly by gl4ss · · Score: 5, Insightful

      well allegedly they're not even certain why it would be illegal for him to have done so.

      the real problem isn't his tactic.. it's the way the markets allow for robo traders in the first place. if it was legal for him to do algorithmic trading, why this algo was illegal?

      --
      world was created 5 seconds before this post as it is.
    4. Re:Allegedly by knightghost · · Score: 2, Insightful

      Same reason for all DOJ cases - Marketing and Politics.

      Futures and Shorts may stabilize markets in the short term but they are an incredible drain on long term investments.

    5. Re:Allegedly by Anonymous Coward · · Score: 0

      There's no evidence of this. Robotrades only harm politically connected idiots who gamble with short selling.

    6. Re:Allegedly by jklovanc · · Score: 1

      Until a trial has been completed all allegations made by the government must be prefaced with "allegedly".

    7. Re:Allegedly by jklovanc · · Score: 1

      How about you read the complaint?

    8. Re:Allegedly by Anonymous Coward · · Score: 3, Interesting

      Because the complaint is ridiculous, that's why.

      It describes actions that are common practice among Wall Street's biggest banks and trading desks.

      Let's remember that to date, no one has done jail time for rigging LIBOR. A crime that is exponentially more serious than this one.

      When you're committing crimes for a megabank, your chances of seeing a prison cell are essentially zero.

    9. Re:Allegedly by gl4ss · · Score: 1

      the complaint just describes business as usual.

      it even describes layering as something that "was" sort of an industry standard practice.

      I mean, if they describe it as such practice where are the other guys in prison for layering, huh? the other stuff seem like standard HFT bogus trickery as well so how is it that he is a criminal? is it strange to ask for a facility into hft that would cancel unprofitable trades? that's the whole fucking point of it anyways.

      --
      world was created 5 seconds before this post as it is.
    10. Re:Allegedly by jklovanc · · Score: 2

      it even describes layering as something that "was" sort of an industry standard practice.

      How does having a name make it an industry standard practice? "Ponzi scheme" has a name too and it is illegal. I don't see and reference to "layering" being standard practice.

      is it strange to ask for a facility into hft that would cancel unprofitable trades?

      He cancelled trades that would have been profitable but that he had no intention of fulfilling. He created a large volume of sell offers just above the market price knowing that no one would buy them but that it would make it appear that there was a lot of supply. That drove down the price. He then lowered his offers to keep just above. By the volume and the pattern he was manipulating the futures.

    11. Re:Allegedly by wonkey_monkey · · Score: 2

      Yes, but you don't have to repeat it five times in a single paragraph.

      Yes, you do, if you're the Department of Justice.

      I would think that whoever is in charge of press releases for the DOJ would be at least be competent at writing.

      They are competent, but they also have to be acutely aware of not stating as fact something which they have yet to prove in court.

      --
      systemd is Roko's Basilisk.
    12. Re:Allegedly by Anonymous Coward · · Score: 3, Insightful

      In other words he was using the system to make money. But because he's not one of the big players they're all crying because a little guy got in on their action.

    13. Re:Allegedly by gbjbaanb · · Score: 4, Insightful

      so the crime he was committing was making money for himself instead of for Goldman Sachs.

      I think it tells us everything we need to know about how corrupt our society has become.

    14. Re: Allegedly by osbjmg · · Score: 1

      This article is competent. If you would like to share your story with the class, we can tell you how great your writing is.

    15. Re:Allegedly by Anonymous Coward · · Score: 0

      Excessive damping causes control mechanism to expend energy faster. Who knew?

    16. Re:Allegedly by Anonymous Coward · · Score: 0

      Yes, but you don't have to repeat it five times in a single paragraph. I would think that whoever is in charge of press releases for the DOJ would be at least be competent at writing.

    17. Re:Allegedly by jandersen · · Score: 1

      so the crime he was committing was making money for himself instead of for Goldman Sachs.

      No, the crime was that he was exploiting a weakness in the system. This is equivalent to the closed door; even if a door is locked with a flimsy lock or perhaps not locked at all - if you know that you are not allowed to go in there, you will be committing a criminal act if you enter uninvited. Or if you find a bag of cash by the road-side, or if you discover that you can get unlimited cash out of a cash-machine; if you take the money, you commit a crime. This guy knew what he was doing and that he shouldn't.

      I don't have much sympathy for big finance; they too belong behind bars, for preference in a zoo.

    18. Re:Allegedly by monkeyzoo · · Score: 2

      the real problem isn't his tactic.. it's the way the markets allow for robo traders in the first place.

      Yeah. It's the robo algos that sent the market into the flash crash as a result of this guy's trading. If he had taken his trading plan and implemented it as an algorithm to do the same thing, he probably could have just called it "arbitrage" and been scott-free.

    19. Re:Allegedly by Anonymous Coward · · Score: 1

      The real problem was exactly his tactic. It was made illegal in the Frank-Dodd act and he continued to execute his strategy even after it was explicitly outlawed. It's not going to be very difficult to prove this, every trade is recorded and companies like nanex will break down his algorithm's actions to the nanosecond. He was placing sell orders and then cancelling them in an effort to drive down the price. The fact he was able to execute such bluffs with effectiveness shows the true weaknesses in the all algo casino that has been built.

      That said, the only reason he is on trial is because they needed a scapegoat and he doesn't have the backing or the connections the sharks have. You'll never see Jamie Dimon or his ilk hauled into court for these actions.

    20. Re:Allegedly by Anonymous Coward · · Score: 1

      Developers, developers, developers, developers.

    21. Re:Allegedly by butalearner · · Score: 1

      so the crime he was committing was making money for himself instead of for Goldman Sachs.

      No, the crime was that he was exploiting a weakness in the system. This is equivalent to the closed door; even if a door is locked with a flimsy lock or perhaps not locked at all - if you know that you are not allowed to go in there, you will be committing a criminal act if you enter uninvited. Or if you find a bag of cash by the road-side, or if you discover that you can get unlimited cash out of a cash-machine; if you take the money, you commit a crime. This guy knew what he was doing and that he shouldn't.

      I don't read anything about accessing protected systems or stealing, so I don't think those are valid metaphors. As far as I can tell (from a few minutes googling and wikipediaing), you don't even need them because this is pretty straightforward fraud. I found the terms "market manipulation" (banned since 1934!), "pump and dump," and "short and distort" pretty quickly, and they all seem to apply.

    22. Re:Allegedly by Anonymous Coward · · Score: 0

      In this day an age of every person is a journalist, I'd almost rather they put allegedly in every sentence, so when there is no editor/editing and the "Journalist" blogger copies and pastes, the word is still in there and readers see what the case actually is. Too often, allegedly is used correctly at the beginning and as the news cycle goes on, allegedly becomes did and people are guilty before they're judged. I blame ignorance all over the place, but I'll take annoyance if it means people were given more accurate information.

    23. Re:Allegedly by Anonymous Coward · · Score: 0

      Breaking News!! Someone makes money on the stock market that wasn't allowed too. The siphoning of money from the middle class and lower of the wealthy class - back up to the most elite - cannot be interrupted by such gamesmanship.

    24. Re:Allegedly by Anonymous Coward · · Score: 0

      It could be alleged that while no one has done jail time for LIBOR, some have allegedly paid the ultimate price for their connection to this scheme...

    25. Re:Allegedly by Anonymous Coward · · Score: 0

      Actually, this indicates that they are competent at covering their asses against a possible lawsuit.

    26. Re:Allegedly by sexconker · · Score: 1

      My complaint is about the use of the words (4 times, with some of them being incorrect).

    27. Re:Allegedly by Anonymous Coward · · Score: 0

      Because he's not a favored person nor is he working or doing it for the favored companies/organizations.

      If he's a favored person/company he can get away with it: http://www.nytimes.com/2009/07...

      Or even get away with something that many would call theft: https://en.wikipedia.org/wiki/...

    28. Re:Allegedly by jklovanc · · Score: 1

      It has to be used every time an allegation is made no matter how many allegations are made in one paragraph. If in any single sentence it says the suspect did something and he is found not guilty the writer could be sued for libel.

    29. Re:Allegedly by Ralph+Wiggam · · Score: 1

      Let's remember that to date, no one has done jail time for rigging LIBOR. A crime that is exponentially more serious than this one.

      Dozens of trials on in process in multiple jurisdictions. The US has charged 11 people. I'm sorry if the criminal justice system isn't fast enough for you.

      http://www.bloomberg.com/news/articles/2015-03-20/ex-ubs-trader-darin-loses-bid-to-dismiss-libor-charge

    30. Re:Allegedly by Anonymous Coward · · Score: 0

      both "pump and dump," and "short and distort" require spreading rumors about the underlying stock. to my knowledge this guy only put in a few large orders to buy or sell the stock at a particular price. he didn't commit any fraud by spreading rumors.

    31. Re:Allegedly by sexconker · · Score: 1

      1: "By allegedly placing multiple, simultaneous, large-volume sell orders at different price points—a technique known as 'layering'—Sarao created the appearance of substantial supply in the market."

      Is the allegation that he placed multiple, simultaneous large-volume sell orders at different price points?
      There's a record of that, and there's no need for allegations.
      If the allegation is that he did this to create the appearance of substantial supply in the market, the word "allegedly" needs to be moved either to the from ("Allegedly, by placing...") or to the actual allegation ("Sarao allegedly created...").

      2: "As part of the scheme, Sarao allegedly modified these orders frequently so that they remained close to the market price, and typically canceled the orders without executing them."

      Again, what is the allegation? The frequency of the modification, or the the effect of them remaining close to market price, or that they there were typically canceled before executing? There are records of all of this. There are no need for allegations for this unless Sarao is claiming it wasn't him placing, modifying, and canceling the orders, or is claiming that their records of the orders, their modifications, and their cancellations are incorrect.

      3: "When prices fell as a result of this activity, Sarao allegedly sold futures contracts only to buy them back at a lower price."

      Again, why is this alleged? It happened or it didn't, and it's trivial to check. Allegations come into play only when the facts are in question (if Sarao says "NUH-UH! Wasn't me!!").

      4: "Conversely, when the market moved back upward as the market activity ceased, Sarao allegedly bought contracts only to sell them at a higher price."

      Did this happen or didn't it? Is the allegation that this happened? Or is the allegation that he did something wrong? Isn't the normal practice to buy at x and sell at y, hoping to minimize x and maximize y?

      Cut the shit. There's exactly 1 allegation here. He placed many large, frequent orders he never intended to execute (or sell to others) in an attempt to manipulate the price in order to profit.

      There are 3 things wrong about this scenario:

      1 - The market reacts with such volatility based on his orders (not his fault, but it's a problem with the market).
      2 - He defrauded the market by placing significant orders in bad faith.
      3 - He used insider knowledge (his own knowledge of how he was manipulating the market) to profit.

      3 is a crime people go to jail for.

      I doubt 2 is a specific crime, but I'm sure they'll try to nail him for it, or at least use it as justification for hitting him hard with 3. If you hit him with 2 then you need to hit every major fucking player on the market. This isn't going to happen, but it should.

      1 is the core problem that allows this bullshit. The only thing that fixes it is the same thing that fixes 90% of the problems with the stock markets. Kill high frequency trading. The market (not just the major players and their algorithms on the floor) needs time to read news, analyze earning reports, and look at existing orders before taking action. Microsecond trading is a joke. 10 minutes would be sane, and I'd tack on a temporary lock on trades for an individual security whenever there's some sort of earnings report or similar info dump about to occur.
      Further, I'd have all traded placed within the window (10 minutes, 1 hour, whatever) execute evenly, in random order, so someone dumping 10000 shares and someone dumping 100 shares will end up with 9090 and 90 if someone buys 20. To prevent abuse (someone dumping 10 orders of 1000 each getting 10 times the action of someone dumping 1 order of 10000), you'd tie up all orders within a window by the seller's ID and strictly regulate the IDs of the major players so that "Fund Manager X" at "Firm A" and "Fund Manager Y" and "Firm A" have the same ID, but "Joe Blow" sitting at home and placing personal trades through "Firm B" has his own ID separate from "Dick Lickus" who also uses "Firm B".

    32. Re:Allegedly by JimFive · · Score: 1

      I think it could be argued that putting in fake orders (orders not intended to be executed) for the purpose of manipulating the price is equivalent to spreading rumors (to the other trading algorithms).
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    33. Re:Allegedly by eric_harris_76 · · Score: 1

      High Frequency Traders are self-correcting, if the exchanges will not let them walk away from "oopsie!" trades, no matter how disastrous.

      One fine day, each of them will have a day where a badly-tested software change goes into production, or the wrong software change, or some other error, and it will lose money at a ferocious pace before some human pulls the plug on it. If the error is bad enough, they will go out of business. If it's a lesser disaster, they may only lose a boatload of money, but be able to continue on -- if they're brave or foolish enough to stay with that business model.

      If the exchanges let them make money when the algorithms are good, and reverse trades so they break even when they're broken, the exchanges are performing a disservice to their traders who want to actually trade, by subsidizing those churners.

      --
      There's no time like the present. Well, the past used to be.
    34. Re:Allegedly by Anonymous Coward · · Score: 0

      the exchanges are performing a disservice to their traders who want to actually trade, by subsidizing those churners.

      You have this assumption that most of the traders out there actually want to trade. I'd bet that a good 90% of the trading volume is by those churners, and exchanges know that to satisfy vast majority of their traders, they have to be nice to them.

    35. Re:Allegedly by monkeyzoo · · Score: 1

      ...and 90% of the trading volume equals 90% of the exchanges' revenues.

    36. Re: Allegedly by KathrynStone · · Score: 1

      I'm sorry if the criminal justice system isn't fast enough for you. My favorite quote.

  2. Thanks for the information by Anonymous Coward · · Score: 0

    sounds like great advice

  3. So? by Giant+Electronic+Bra · · Score: 5, Insightful

    This is just smart trading. I know 100 guys that COULD do this, assuming they had the requisite margin. As long as you place trades on the book that you're willing to fill based on the rules of that market there's no reason why you should be called a 'crook' for that.

    --
    "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    1. Re:So? by Paleolibertarian · · Score: 5, Insightful

      Market manipulation is only legal when the big banks do it.

    2. Re:So? by QuasiSteve · · Score: 5, Informative

      I'm far from a lawyer, but:

      As long as you place trades on the book that you're willing to fill

      The 'willing to fill' part might be key - as he had no intentions of filling the orders that led to the mini-panic, using them solely to affect the price for personal gain.

      Defendant willfully and knowingly, having devised and
      intending to devise a scheme and artifice to defraud, and for
      obtaining money and property by means of false and
      fraudulent pretenses, representations, and promises
      , did
      transmit and cause to be transmitted by means of wire
      communication in interstate and foreign commerce,
      writings, signs, signals, pictures, and sounds for the
      purpose of executing such scheme and artifice.

    3. Re:So? by jklovanc · · Score: 1, Informative

      As long as you place trades on the book that you're willing to fill based on the rules of that market there's no reason why you should be called a 'crook' for that.

      He didn't do that.

      By allegedly placing multiple, simultaneous, large-volume sell orders at different price points—a technique known as “layering”—Sarao created the appearance of substantial supply in the market. As part of the scheme, Sarao allegedly modified these orders frequently so that they remained close to the market price, and typically canceled the orders without executing them.

      He places many sell orders with no intention of filling them. While it is fine to cancel an order it becomes manipulation when one places and cancels many orders.

    4. Re:So? by Anonymous Coward · · Score: 5, Insightful

      Indeed. This man's only crime was being small enough to prosecute.

      If one man manipulates the market, he gets arrested.

      If a large firm manipulates the market, the're a titan of wall street and get to have dinner with congresscritters.

    5. Re:So? by Anonymous Coward · · Score: 0

      How do you know somebody had an intention or not of filling the orders?

      What if you see a move and want to trade in that same direction, getting in on a short-term reversal? Pretty normal to have an algorithm put on offers to sell somewhat above the market and move them if the market tracks down. The market just never went up for a while.

      And apparently he did fill some orders: "Sarao allegedly sold futures contracts only to buy them back at a lower price."

      Markets move when people trade actual money---i.e. orders that DO fill. Sounds like this guy placed lots of orders above the ask. And then bought when the trend changed. Why not blame the people who actually sold for real money over and over in a panic and moved the market?

        {My guess: they are actually powerful people in big institutions, and this guy is a random nobody who happened to be good at trading}

    6. Re:So? by Anonymous Coward · · Score: 0

      Actually, it's the other way around. The reason a single guy could do this (and similarly, the guy at Panther Energy Trading - look it up) is because they were solo operations. What they were doing was so blatantly illegal that the more people you involve, the higher risk you have of a whistleblower.

    7. Re:So? by khallow · · Score: 5, Insightful

      What they were doing was so blatantly illegal

      It wouldn't be, if spoofing weren't a crime. The US could have simply not made it a crime in this case and then it wouldn't be "blatantly illegal" for small traders to do.

      And notice how the problem is due to poor market design. Instead of fixing markets so that it isn't possible to "cancel before execution", they implement ridiculous rules and laws instead.

      Consider this analogy. How many people here think it's a good idea to modify US law just to protect the *IAA business models? So why is it acceptable to modify US law just to protect stock market business models?

    8. Re:So? by TsuruchiBrian · · Score: 4, Insightful

      It sounds like it's a flaw in the NYSE and similar exchanges as well as greedy HFT algorithms. It seems like fixing these flaws is far more important than just arresting people who exploit them.

      Who was actually harmed by this crash? A bunch of wall street speculators running computer programs to trade faster than regular people. Who gives a shit. If anything, it exposes the vulnerability so it can be fixed.

      It's entirely possible to have an exchange where there is no unfair advantage given to people who have paid for faster access to trade offers. But this is the system Wallstreet wants, and I can't say I feel bad when crooks get cheated.

    9. Re:So? by forand · · Score: 2

      While I agree with your premiss this is exactly what high frequency traders do constantly. This is how they "test the waters" so to speak. The only difference here seems to be the volume of the trades. Money Ball has a reasonable overview of the HFT practice.

    10. Re: So? by Anonymous Coward · · Score: 1

      Who trade from my retirement funds.

    11. Re:So? by Anonymous Coward · · Score: 0

      Isn't this just the same as causing artificial panic or shitting on a companies image or similar?
      I mean, sure they can sue, but is it actually illegal?

      Fuck, so much of Bitcoin (and CC mining in general) was trolling retards in to dumping so the price would crash so they could buy even more coins.

      Shit, shareholders do this all the time in hostile takeovers.

    12. Re:So? by NicBenjamin · · Score: 3, Interesting

      How do you know a guy who wrote 30 checks on an account with $0 in it didn't intend to deposit enough to cover the difference?

      You don't really. But in the US Legal system enough circumstantial evidence will overcome reasonable doubt every time. And if this guy made loads of money off a crash caused by these tactics, and then continued to use the same damn tactics for years and years, it's really hard to believe it was an accident.

    13. Re:So? by AuMatar · · Score: 5, Interesting

      So lets say I have a standing order to buy FooBar stock at $50 a share. Its current price is $55. So basically I'm looking to buy on dips.

      Tonight it comes out that the CEO has been falsifying all financial reports, and instead of making money for the last 3 years they've lost millions. You don't think I should be able to cancel that buy order due to the new information?

      --
      I still have more fans than freaks. WTF is wrong with you people?
    14. Re:So? by gstoddart · · Score: 0

      . As long as you place trades on the book that you're willing to fill based on the rules of that market

      So, here's the problem, and it's in TFS ...

      Sarao allegedly modified these orders frequently so that they remained close to the market price, and typically canceled the orders without executing them

      In which case we're talking straight up fraud and criminal activity.

      If you can manipulate the market with trades you can actually afford to make, you have big giant cojones and lots of resources.

      This guy, not so much.

      --
      Lost at C:>. Found at C.
    15. Re:So? by Anonymous Coward · · Score: 3, Insightful

      I don't think anyone's suggesting that your orders should sit there forever.

      What would seem reasonable is that there should be a minimum delay between submitting an order and cancelling it (or even submitting it and having it appear on the market), and that delay is of the order of 10ths of seconds rather than nanoseconds as is currently the practice of HFTs.

      A very easy way to achieve that is to put a great big loop of wire (i.e. several km minimum) between every brokers' order entry systems and the exchange's live market systems, such that there's an appreciable delay between the broker entering their orders and them appearing on the live market. If everyone's orders are forced to go through that big loop of wire before they hit the market, the opportunity for the few to frontrun the orders of the many is massively reduced.

    16. Re:So? by Anonymous Coward · · Score: 1

      You don't think I should be able to cancel that buy order due to the new information?

      You should be able to cancel your order. But you sure don't need to be able to do it 50 milliseconds after placing it. A simple time limit between transactions would reduce a lot of the issues with stock trading. Introduce some more of course - such as reduce capability to game the market - so I would expect this to never be implemented.

    17. Re: So? by Anonymous Coward · · Score: 1

      Yes. You are assuming risk by putting in your order ahead of time.

    18. Re:So? by barc0001 · · Score: 5, Insightful

      Read Flash Boys. There is an absolute metric fuckton of orders that are generated each day that are not intended to be fulfulled and are purely there to manipulate pricing.

    19. Re:So? by ultranova · · Score: 3, Insightful

      You don't think I should be able to cancel that buy order due to the new information?

      No, you shouldn't. You tried to profit from random events going your way, so now you just have to deal with the fact that your lottery ticket was empty.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    20. Re:So? by jtara · · Score: 1

      This is just smart trading. I know 100 guys that COULD do this, assuming they had the requisite margin

      It doesn't take ANY margin to place an order - only if the order is executed!

      As well, professional traders work with different (much more liberal) margin rules.

    21. Re:So? by zidium · · Score: 5, Insightful

      A more fair way would be to levy a $0.01 tax on every open position. And $0.01 on every position close. This would make HFT unprofitable instantly.

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    22. Re:So? by Paleolibertarian · · Score: 2

      Any skillful trader would also have a stop loss order in place in case the price moves against him. That's the price you pay for being in the market to begin with. Stocks are risky which is why the profit potential is so great. If you don't stay on top of things you lose.

    23. Re: So? by Anonymous Coward · · Score: 0

      Most retirement funds are index funds. They don't buy and sell, they buy and hold.

    24. Re:So? by DerekLyons · · Score: 1

      Who was actually harmed by this crash?

      Anyone who owned those stocks, of who owned funds which own those stocks, or who own index stocks, or... really potentially a whole lot of ordinary people, not just "a bunch of wall street [sic] speculators".

    25. Re:So? by KGIII · · Score: 1

      I like your idea and would like to subscribe to your newsletter. Seriously...

      --
      "So long and thanks for all the fish."
    26. Re:So? by jklovanc · · Score: 1

      It sounds like it's a flaw in the NYSE and similar exchanges as well as greedy HFT algorithms. It seems like fixing these flaws is far more important than just arresting people who exploit them.

      How do you detect such a pattern of trading?

    27. Re:So? by jklovanc · · Score: 2

      The only difference here seems to be the volume of the trades.

      Which crossed the line between normal practices and manipulation.

    28. Re:So? by khallow · · Score: 1

      You don't think I should be able to cancel that buy order due to the new information?

      Consider the following from the actual US Department of Justice press release (linked in the Slashdot story):

      Sarao was charged in a federal criminal complaint in the Northern District of Illinois on Feb. 11, 2015, with one count of wire fraud, 10 counts of commodities fraud, 10 counts of commodities manipulation, and one count of âoespoofing,â a practice of bidding or offering with the intent to cancel the bid or offer before execution.

      There is a specific meaning to "spoofing" which involves somehow canceling bids before execution (and somehow doesn't apply to current HFT). Rather than make that impossible to do in the various markets (or the other alternative, simply not caring), they make it illegal for anyone that falls afoul of the US government.

    29. Re:So? by sjames · · Score: 2

      You should be able to cancel whatever part hasn't already been paired with a matching sell order. But once it gets paired up, it's yours.

    30. Re:So? by Anonymous Coward · · Score: 0

      Dark pools would beat that.

      The traders would play an innocent game of cards using computers, betting with match sticks, using a game server based in ${somewhere}. At the end of the day, everyone settles up. One transaction per day per counterparty would raise a couple of dollars.

    31. Re:So? by sjames · · Score: 1

      Sounds like the way practically all institutional high speed traders work. So the crime is apparently that the money flowed the wrong way.

    32. Re:So? by Anonymous Coward · · Score: 0

      Pump-and-Dump is illegal. So should bra-pumping be.

    33. Re:So? by sjames · · Score: 3, Insightful

      There's your answer. He did exactly what they do, but did it cleverly enough to remove the speed advantage. As a result, the money flowed the 'wrong' way and so Wall Street's pet investigators must put a stop to it.

    34. Re:So? by sjames · · Score: 1

      HST works the same way. They routinely (and algorithmicly) place a bunch of orders they have no intention of actually executing. That's how they manage to jump in between legitimate trades so they can skim a penny or two off the top.

    35. Re:So? by Anonymous Coward · · Score: 1

      It is the "intent" that is important in this rule.
      You are allowed to cancel orders if you do it based on market movement, news or changing risk profile, or going to the bathroom.

      You are not allowed to put in an order that you intent to cancel later, just so you cause someone else's algorithm to think there is a certain situation. This is called market manipulation.

      Interestingly there are also market manipulation beyond "intent" you are also not allowed to put in orders in the market that will cause a movement even if you intent to trade it, even if the trade itselfs cause the price to move. If you are an institutional investor and you need to buy a lot or sell a lot, you have to make "block" trades which are done outside of the normal matching on the exchange. Or you sell/buy in small enough quantities so as not move the market by the orders itself (movement over time is allowed).

    36. Re:So? by Anonymous Coward · · Score: 0

      And it would cause the spread to increase by the amount of tax, market makers are HFT to.

      Which will cause your pension portfolio to quickly loose value for every trade that is done by your pension fund.

    37. Re:So? by jklovanc · · Score: 1

      Are you an expert in how institutional high speed traders works?

    38. Re:So? by Anonymous Coward · · Score: 0

      Flash Boys is a book out people who are trading for the first time, and don't understand how trading works, and then are surprised that people are pulling orders on the second exchange when they are traded on the first exchange.

      Now, I would also say, that the National Best Bid/Offer thing that the US has, is insane.
      It shows an consolidated orderbook for an instrument(stock/future/option) that is traded on multiple exchanges, it is supposed to be in sync, but mathematically this is an impossibility. So first time traders think the orders in that book are really there.

    39. Re:So? by Jack+Griffin · · Score: 2

      I can't see why the stock market has to be in real time. Is there any advantage to genuine investors in having millisecond transaction times? Why not take orders in real time, but only execute them each hour on the hour? Seems like this would still allow for genuine trades while keeping the ratbags at bay.

    40. Re:So? by Anonymous Coward · · Score: 0

      You are also not allowed to make trades that causes the market to move. That is why institutional traders will split up large buy/sell blocks into small orders, or trades large blocks directly with someone else outside of the normal matching rules of the exchange. If the trade is done on the exchange, but outside of normal matching, then the trade is reported with a flag that it is done outside of normal matching, so it can be ignored by pricing algorithms.

    41. Re:So? by sjames · · Score: 1

      I'm not an expert, but I know enough about it.

      Much like I know how oops insurance works even though I'm not a wise guy.

    42. Re:So? by Anonymous Coward · · Score: 0

      The charges are pointless. I personally studied book dynamics & trades flow. Results for 2005-2014 NASDAQ: once an order reach book edge (its price is the best) what would happen next: >90% cases it will be cancelled, and lower that 10% or orders will be executed. And these are orders at the best price. This guy put his orders 2-3 levels off the best price and tried to cancel. 1. This is nothing. 2. Many companies do this. But everyone knows that at least since 2008 the order book is plain garbage, not relevant to actual liquidity available.

    43. Re:So? by Anonymous Coward · · Score: 0

      Currently it you provide liquidity (the order you places to the book was taken by somebody else) - you get rebate from exchange. If you take liquidity (you take somebody else order) you are charged by exchange. The problem - if you cancel your order - you are charged almost nothing. It was suggested many times before to make cancel order fee the same as take liquidity fee. Then all this tactics would disappear in a moment. Current exchange fee structure promote this behaviour.

    44. Re:So? by Anonymous Coward · · Score: 0

      See my post above about fee structure. Just make cancellation fee the same as remove liquidity fee. Currently cancellation fee is almost nothing. You 50ms time delay would not work at all. Any time delay would only benefit big organisations. (Time scale to compete becomes large).

    45. Re:So? by Anonymous Coward · · Score: 0

      If you are not allowed to cancel your order it will be trivial to rig the marker. (Hint: consider opening second account, placing opposite positions there). The only way to fix - make cancellation fee the same as remove liquidity fee. Currently cancellation fee is almost zero.

    46. Re:So? by vux984 · · Score: 1

      Why not take orders in real time, but only execute them each hour on the hour?

      Here's a counter scenario. Suppose you put in a sell order for companyX for 20,000 shares @ Y$.

      y$ is say $1 above the trading activity over the last hour, and a nickle over the average price for the last month. Over the last three months its traded within a 2$ band. Long story short this is pretty reasonable trade. Your looking to unload a position at just above market rates... and over the next week odds are you will succeed.

      20 minutes after you place it. Word hits the street the the company's landed a huge patent or whatever, and the value of the company is going to go through the roof.

      Your sitting there with 40 minutes on a sell that somebody else is going to come along and just scoop. You'd cancel if you could, right... why does someone else get to lock in a buy based on information that came out after you posted the sale. How is that fair.

      On the other hand, if you ARE allowed to cancel, then traders can spam the market with a zillion trades, and then cancel the ones they don't want at the last second, millisecond, microsecond....

      A somewhat real time market is good. I think. A 1 second resolution is my preference. That eliminates a lot of HFT crap without the issues described above.

      A 0.01 cent fee (tax) per trade listed, whether it closes or not also gets rid of a bunch of bogus manipulative crap.

      Or simply making it such that every trade must be individually entered and confirmed by a human being responsible for the trade.

    47. Re:So? by Anonymous Coward · · Score: 0

      I think there's a snort signature for that.

    48. Re:So? by bill_mcgonigle · · Score: 1

      Who was actually harmed by this crash? A bunch of wall street speculators running computer programs to trade faster than regular people. Who gives a shit. If anything, it exposes the vulnerability so it can be fixed.

      Wall Street (and The City) give a shit, and they own the governments. This is exactly how the system is set up to work for them.

      Guess who gave more money to candidate Obama than every other candidate combined ever, at the time? Your clue letters are 'G' and 'S'.

      And, of course they all bet big on both horses, so they're covered no matter how a given race turns out.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    49. Re: So? by osbjmg · · Score: 1

      Cancelling before execution is a bad design? Maybe a rate-limiter can exist to detect too many cancelled orders at size, but I cancel orders all the time because I see a better trade or realize it won't fill any time soon. I should have to keep the orders up all day, according to thos rule you propose?

    50. Re: So? by osbjmg · · Score: 1

      Time limits do make sense, but this destroys the high frequency trading market. HFT makes money for the market and provide liquidity. It is valid that they have speed limits, the market just needs to be prepared for them to disappear overnight.

    51. Re:So? by MatthiasF · · Score: 2

      Um, producing trades that you do not intend to act on to manipulate prices is literally fraud and illegal. This will never be legal, nor should ever be legal.

      The laws aren't written specifically for the stock market, this is a general principal upheld by any type of market.

    52. Re:So? by Anonymous Coward · · Score: 1

      A stop-loss is a way of directly informing market participants who have access to the entire book...how to fleece you. Market makers move in a direction to take your stop-loss, and then return to the previous price. Stop-losses are a marketing tactic that brokers use to lure you in, meanwhile their MM arm is fleecing the muppets.

    53. Re: So? by Anonymous Coward · · Score: 0

      Chances are he wrote a high frequency trading bot to do all of this for him.
      you look at the code, and it will probably have logic that indicates the trades are only to exist long enough to change a number somewhere else, then are withdrawn.
      the code probably spells out his plan pretty accurately.
      I think this is bull shit, but the big guys wrote the rules.

    54. Re:So? by khallow · · Score: 1

      Um, producing trades that you do not intend to act on to manipulate prices is literally fraud and illegal. This will never be legal, nor should ever be legal.

      I disagree. If someone had bought those book orders, the trader would have honored them. And if you act a certain way in a stock market just because someone places a large book order, then don't be surprised that someone places large book orders just to get you to act that way.

    55. Re:So? by Anonymous Coward · · Score: 0

      Not necessary. Nasdaq already charges about $0.0035 for liquidity removal, and pays about $0.0025 for add liquidity rebate. http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2
      Just make order cancel about half the cost of liquidity removal - there will be no incentive to stuff the book.

    56. Re:So? by Anonymous Coward · · Score: 0

      A more fair way is to remove all laws on trading and let people invest in whichever marketS they believe are best. WE have laws on fraud and deceit going back 100 years. Instead we have one market controlled by a few banking families. Corleone would be proud.

    57. Re:So? by u38cg · · Score: 1

      A stock is just a piece of property and can be sold in any venue. If (say) NYSE moved to one-second ticks, or one minute or one hour ticks, traders would simply meet elsewhere (under a buttonwood tree, perhaps) and trade there. Willing seller, willing buyer.

      --
      [FUCK BETA]
    58. Re:So? by pfleming · · Score: 1

      This is just smart trading. I know 100 guys that COULD do this, assuming they had the requisite margin. As long as you place trades on the book that you're willing to fill based on the rules of that market there's no reason why you should be called a 'crook' for that.

      I don't think he was actually willing to fill the trade.

    59. Re:So? by Anonymous Coward · · Score: 0

      That's ridiculous. People change their minds all of the time. They should be allowed to pick up a candy bar without being forced to buy it if they later decide it's not what they wanted...

    60. Re:So? by Citizen+of+Earth · · Score: 1

      So, you're saying that just about everyone sold their positions during the few minutes of the flash crash?

    61. Re:So? by Giant+Electronic+Bra · · Score: 3, Interesting

      Yeah, but I work in this field, and I can tell you that MOST bids and offers aren't acted on, and MOST of them are far 'off the money'. HOWEVER, every single bid or offer placed upon the market, and the CME surely counts, is financed. You simply cannot put a bogus order onto the CME, the NYSE, or even the most rinky-dink ECN. So, the question remains "so what?", the man's money was where his mouth was, and its up to other people to decide what to buy or not buy.

      The real point is, there's no clean line here. Normal market activity consists of trying to get other people to buy high and sell low so you can do the opposite. Its a zero-sum game and you cannot point to one bid or offer and say "that's fraudulent" and another essentially identical one and say it isn't. I mean I've literally traded the E-Mini on the CME, just like this guy did. Our algos put in multiple orders at multiple price levels and pegged them a few pips off the BBO. How is it that my order flow is legal, but his almost indistinguishable one isn't? I think there's about a snowball's chance in hell they can show he did anything criminal. I mean its possible, there could have been other activities that crossed certain lines, having insider information of some sort, etc, but just placing orders on a market? I defy any prosecutor to make a case that such a thing is criminal.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    62. Re:So? by Anonymous Coward · · Score: 0

      The key is "willing to fill" if you place a large sell order and then cancel it shortly thereafter, and then do that repeatedly, you are in violation of current exchange rules and federal securities and exchange comission law wrt market manipulation.

    63. Re:So? by QuasiSteve · · Score: 1

      Can't mod you up, but just wanted to say thanks for sharing some of the finer points of this.

      I suspected that this is something that's common, and only rarely prosecuted in the way it appears to be done in this case. There's probably more specific reasons for the case, or they know it won't go anywhere and just want to push this to the forefront of some people's attention.
      Like I said, though - I'm not a lawyer :)

    64. Re:So? by Giant+Electronic+Bra · · Score: 1

      Which regulation do you think you're explaining here?! lol.

      Institutional traders, or anyone moving a large block of liquidity in or out of the market does it as quietly as they can because they don't WANT to affect the price, not because of some regulation. If I have $500 million worth of IBM to liquidate I'd be a fool to dump it on NYSE and watch the price drop 2% in the next 100ms because that's money out of my pocket. There's no exact RULE that says "you cannot affect the market price" because ANY move of that size WILL affect the market price, its unavoidable. Goldman Sachs and their ilk are 100x more sophisticated than you and WILL detect your large contribution to liquidity in that instrument, and WILL take a chunk out of your hide by pushing the price down. That's how markets are SUPPOSED to work. This happens no matter what you try to do to conceal your order flow, they are just light years ahead of you. And again, this is the normal functioning of the market.

      Now, if you actually dump shares in huge quantities in the course of some scheme to bilk people, some sort of pump-and-dump or if you're selling someone else's liquidity and buying it back on the cheap through some other channel or etc then yeah, there's a legal issue there, but it has to do with fiduciary responsibility. This is why these entities are all regulated. Nobody gets to put a trade on the market unless they're regulated, period. If you aren't then you go through an LP/Prime Broker/Clearing Firm that IS, and its their neck on the line.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    65. Re:So? by Giant+Electronic+Bra · · Score: 1

      You cannot put an order on the CME that you cannot execute, that's what FCMs and other Prime Brokers are FOR, they guarantee the credit of every bid and offer.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    66. Re:So? by Giant+Electronic+Bra · · Score: 1

      The margin rules are actually up to the FCM/Prime Broker, so you aren't really exactly correct there. They will only allow bids/offers to be placed which their risk control determines can be covered by the firm's credit, and they normally won't allow their own credit to be risked at all, beyond what they can predict at least. So any bid/offer Sarao placed he would have had to be able to back up if it was hit, period.

      Yes, large accounts generally have more favorable margin requirements, but they still HAVE requirements, and if your unrealized P&L and bids/offers you are likely to actually execute on pass certain limits then you WILL be called, just like some retail trader. I've written risk management algorithms for EXACTLY THE MARKET that Sarao is alleged to have been manipulating, and traded the E-Mini. Its going to be at least very difficult for anyone to demonstrate that what Sarao did is materially different from what anyone else does on that market. It certainly sounds like a pretty garden-variety high frequency algo to me. You place bids and offers at multiple levels and keep them 'pegged' in reference to the BBO, and then open positions at levels your algo predicts will yield positive results.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    67. Re:So? by jgtg32a · · Score: 1

      No it wouldn't algorithms would just adapt to handle it

    68. Re:So? by Giant+Electronic+Bra · · Score: 1

      Again, no bid or offer can go onto the CME that you cannot fill, the FCM or Prime Broker that owns the trade will not place the order because they're on the hook to guarantee the credit of every single trade. If you are self-clearing then you have to put up enough capital to make that guarantee yourself, and you're HEAVILY regulated, so if you violate that rule then you'll be busted out for insufficient funds LONG before you traded for years.

      Now, conceivably the guy was self-clearing AND he committed fraud in his reporting to the CFTC, NFA, or whatever. In that case the SRO owns his nuts and the SEC would come after him for THAT. Its unusual for someone like this to be self-clearing though, its expensive to comply and you need a LOT of expensive cash. Plus it would be pretty risky because sooner or later one of your bogus offers would be hit and you'd be forced to break a trade, at which point you're REALLY FUCKED.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    69. Re:So? by edtice1559 · · Score: 1

      And what if it turns out that the financial falsification was a rumor set off by a market manipulator to force the OP to execute his trade at an unfavorable price. There simply isn't an algorithm that you can design to solve all forms of dishonesty. We have laws that cover this. https://www.law.cornell.edu/us...

    70. Re:So? by Giant+Electronic+Bra · · Score: 2

      Yeah, neither am I. I have a partner who's a Series 7 FINOP/ROP, and licensed with the NFA, CFTA, and FINRA. I'm sure if I ask him he'll give a rather definitive answer. I know from experience what it is likely to be though, which is basically that the big players are all scum and the only reason this guy is in trouble is because he stole candy from the town bully, not because he did anything they don't do on a daily basis. As I've said in other posts though, there COULD be specific illegal acts, using inside information of some sort, collusion with other traders, front running of some form (if his money came from investors), or falsifying regulatory reports to his SRO (CFTA most probably).

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    71. Re:So? by jbengt · · Score: 2

      So lets say I have a standing order to buy FooBar stock at $50 a share. Its current price is $55. So basically I'm looking to buy on dips. Tonight it comes out that the CEO has been falsifying all financial reports, and instead of making money for the last 3 years they've lost millions. You don't think I should be able to cancel that buy order due to the new information?

      You're missing the part where he cancelled after having his offer accepted, and did so repeatedly, with no intention to sell, until he drove the price enough to make stacks of cash from futures.

    72. Re:So? by DerekLyons · · Score: 1

      In a reality where all the stocks recovered completely at the end of that crash, that would be a valid question. But even in our reality, someone who was using (or the fund they owned shares in was using) an automated system to sell if the price dropped was potentially hurt.

    73. Re:So? by Rich0 · · Score: 1

      The solution to this kind of problem is to have trades executed hourly or even daily, but at a random time which is not disclosed in advance. There might be only general guarantees such as it being at least 6 hours after the last trade. So, sometime on Tuesday every trade will be executed, and it will be between midnight and midnight. The computer will freeze the book at a random moment, and then run through and execute every trade it can. The book is secret until this time, and published after this time. I could see an argument for allowing changes or not, so I'm not sure which is better, though obviously all sales are final.

    74. Re:So? by topology · · Score: 1

      Ah yes, the old snort signature. Using the resonance of a person's nasal and sinus cavities as they inhale their blow vigorously through a $100 bill. I hear they still use children blind from birth to identify the snort signatures of perps. No FFT algorithm has been able to compete.

    75. Re:So? by StikyPad · · Score: 1

      Except pricing is only set when a buy meets a sell. The orders on either side of that are utterly inconsequential unless and until someone is willing to sell for less, or buy for more.

    76. Re:So? by tacokill · · Score: 1

      No. Absolutely not. There is zero chance that the tax rate would remain at $0.01. It most certainly will be increased as we find good ways to spend other people's money.

    77. Re:So? by Anonymous Coward · · Score: 0

      That's ridiculous. Picking up a candy bar does not affect the price of another candy bar. Besides, you should have used a car analogy.

    78. Re: So? by Anonymous Coward · · Score: 0

      He had the resources. You can't place an order unless you have the money to cover it. And you can't sell unless you own what you are selling.

    79. Re: So? by Anonymous Coward · · Score: 0

      So the big banks and investors can do this, but when a single being does it, it's illegal. Nice rules there :/

    80. Re:So? by Anonymous Coward · · Score: 0

      https://snort.org/ ...On the off chance that you were joking less than 50%.

    81. Re:So? by Guru2Newbie · · Score: 1

      HST works the same way.

      HST: "The Harmonized Sales Tax (HST) is a consumption tax in Canada. It is used in provinces where both the federal Goods and Services Tax (GST) ..."

      How does that fit into trading??

    82. Re:So? by Anonymous Coward · · Score: 0

      And if you act a certain way in a stock market just because someone places a large book order, then don't be surprised that someone places large book orders just to get you to act that way.

      That reminds me of the "flaming bag of crap in front porch" prank, as depicted by Adam Sandler and co in Billy Madison

      Good times

    83. Re:So? by vux984 · · Score: 1

      There are lots of problems with this:

      Arbitrage between different markets for one.

      There is a lack of transparency inherent using a random generator. If it gets manipulated it would be very difficult to detect or audit that the time selected were in fact random.

      The idea of a guarantee of at least 6 hours; or any other sort of timing guarantee allows for statistical optimization of timing trades etc.

      Keeping the book secret, is another requirement you have, but it is impractical, and is difficult to audit or enforce. Large brokerages inherently know what orders are placed through them, and may have means to spy on competing brokerages for advantage. So even if the book is "secret" large players will need to have a good idea what it is in it, just to track their own customers trades.

      Its not practical.

    84. Re:So? by sgt_doom · · Score: 1

      Exactly, and since the federal courts have dismissed previously lawsuits brought against DTCC and their Stock Borrow Program, for much greater financial manipulation aimed at small, publicly owned companies, and since as any commodity futures trader realizes, if he or she isn't completely brain dead: an unlimited number of futures can be purchased to manipulate the market [which was what they did to speculate up oil prices in 2008 and other times, just as an unlimited number of credit default swaps can be purchased against bonds or outstanding debt, to financially manipulate everything and cause an economic meltdown.

    85. Re:So? by sgt_doom · · Score: 1

      And this was done on such a minuscule level it coun't have possibly altered anything!

      http://wallstreetonparade.com/...

    86. Re:So? by sgt_doom · · Score: 1

      But again, there is no proof that the minor actions he took could possibly have manipulated the market, everything in their partial document suggests they are wilfully playing upon the abject ignorance of the Ameritard sheeple!

    87. Re:So? by TsuruchiBrian · · Score: 1

      You don't need to detect any patterns of trading. You simply have to remove the advantage that those patterns of trading provide.

      For example: Let's say it's a big problem that some young people wake up super early and pick out all the best fruit at the super market before the old people can get there, and resell it at a higher price. Let's call them "fruit scalpers".

      One way to solve the problem is to try to detect fruit scalpers and refuse to sell to them. Another way to solve the problem is to no longer allow people to select the fruit they buy before deciding to purchase it by putting the fruit in a package or having a randomly selected fruit provided after payment.

      If you do this, then advantage fruit scalpers get by being first to the store is eliminated. The store doesn't have to figure out who is a fruit scalper or a real customer (potentially a hard problem).

      Obviously this is just an example, and fruit scalping is not a real problem, and nobody would like the solution to this example in real life. It is just an example I came up with to illustrate how you can disincentivize a behavior without bothering to detect it.

    88. Re:So? by Rich0 · · Score: 1

      There are lots of problems with this:

      Arbitrage between different markets for one.

      Just require that anything traded in the market be traded there exclusively. For additional effect, require by law that all trades within the country use a market that operates under these rules.

      There is a lack of transparency ...

      I do agree with some of these concerns. This model does require trusting the market administrators, and they would be in a position to give tremendous advantage to any party with inside connections.

      Keeping the book secret, is another requirement you have, but it is impractical, and is difficult to audit or enforce.

      I have mixed feelings on whether it should be secret. If it weren't, then those particular issues go away but there are others that then come up. However, I don't have a problem with anybody voluntarily sharing information. They just shouldn't be required to do so. I'd also allow anybody to directly place trades - it shouldn't cost anything to directly submit orders to the exchange other than perhaps having a deposit or bond.

    89. Re:So? by Anonymous Coward · · Score: 0

      Who was actually harmed by this crash?

      Anyone with a stop-loss order. Do you not give a shit about them either?

    90. Re:So? by Anonymous Coward · · Score: 0

      Yeah, but I work in this field,

      Oh so you are a white collar crook.
      Your still a crook. Scumbag of society.

    91. Re:So? by Anonymous Coward · · Score: 0

      It depends. As you're clicking your "Cancel" button, somebody else (most likely several people) is clicking his "Sell" button to fill your buy order at the same time. All that matters is which order arrives at the exchange first. The winner is determined by who clicks first, networking speeds, broker speeds, the workload at the exchange at the moment each order is posted, and many other factors.

      In short, yes, you can cancel your limit buy order as long as nobody has filled it before your cancellation hits the exchange. In this realm, microseconds count.

      I recommend "Day Trade Online" by Christopher A. Farrell, ISBN 0470395206, but there are many others, too.

    92. Re:So? by greg1104 · · Score: 1

      And what if it turns out that the financial falsification was a rumor set off by a market manipulator to force the OP to execute his trade at an unfavorable price.

      At a big firm, then they'd take that front running profit and put part of the proceeds toward lobbyists, campaign contributions, and the salaries of the former SEC officials who now work for them (after a few years of doing them favors). And then they'd budget for the hookers and blow. Sheesh, do you not know how Wall Street works at all?

    93. Re:So? by TsuruchiBrian · · Score: 1

      I owned stocks that crashed. They recovered again way before I had time to do anything about it. Is it possible that the value of some those stocks is slightly lower than it would have been without the flash crash? Certainly. It could also be higher. That difference is lost in the noise of the stock market fluctuations.

      The people who it significantly affected were speculators. People/companies that bought or sold during the crash. Yes you could have been invested in one of those companies, but if you have a diverse stock portfolio, what are the chances that all the companies you invested in were the losers in this incident? If you only invested in companies that lost a lot of money in this flash crash, you are essentially a speculator (by virtue of only investing in companies that speculate).

      Unlike other market/housing/banking crashes that really did affect lots of ordinary people, this one really didn't. I don't know a single person (ordinary or otherwise) who lost or gained anything (at least not anything they can recognize).

    94. Re:So? by Anonymous Coward · · Score: 0

      So every order of that kind should be perpetual, with no way ever to cancel it? Doesn't sound very workable to me.

    95. Re:So? by Jack+Griffin · · Score: 1

      When I bought my house, the transaction took 6 weeks. If something happens to the house within 6 weeks, my investment is at risk. I see no reason why this isn't the same (non) issue. If you are willing to sell at $X and you get $X then there is no harm done.

    96. Re:So? by Jack+Griffin · · Score: 1

      Yeah except the Govt can easily require traders to have a license and qualifications, and then legislate a minimum transaction time, then make it a criminal offence to not comply. Pretty much how the real estate market has worked for decades.

    97. Re:So? by Anonymous Coward · · Score: 0

      There are pretty clear rules about not sending out false information. It is illegal to "trick" the market into a trade, irrelevant of what method you use (if you print a false story in the newspaper that helps you sell your stock, *that* too is illegal). This guy was layering orders that he had no intention of honoring---it is pretty much the same as publishing a fake newspaper article as far as false information goes.

    98. Re:So? by Anonymous Coward · · Score: 0

      You probably paid >%6 spread on that house.

    99. Re:So? by khallow · · Score: 1

      Stops don't show up in the book. You can only find them by triggering them.

    100. Re:So? by david_thornley · · Score: 1

      I've never had anything happen to a house between starting a purchase and signing the final papers. However, there has to be some way to back out, albeit with some loss. For example, a house is valued at $250K, and I put $50K down and get a mortgage for the rest. It burns down, and the lot is valued at $100K. The bank is not going to go through with the mortgage. Heck, I've signed some papers and then hired an inspector, which would be largely pointless if I couldn't back out.

      I wouldn't get back the money I'd put into the process up until then, but I wouldn't be stuck paying $250K for something worth $100K.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    101. Re:So? by Jack+Griffin · · Score: 1

      For example, a house is valued at $250K, and I put $50K down and get a mortgage for the rest. It burns down, and the lot is valued at $100K. The bank is not going to go through with the mortgage. Heck, I've signed some papers and then hired an inspector, which would be largely pointless if I couldn't back out.

      That's right because there's a clause in your contract that states the property must be in the same condition as when you paid your deposit. There are a number of these get-out clauses in a standard contract, but all are based on reasonable conditions, none of which involve "change of market value".

    102. Re:So? by david_thornley · · Score: 1

      OK, I'm not following. You said that, if something happened to the house in six weeks, your investment would be at risk. The market value is very unlikely to move all that fast in six weeks without something happening that would trigger a bail-out clause.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    103. Re:So? by Jack+Griffin · · Score: 1

      The analogy was that if the stock market had timed trades, then events could occur inbetween executions that could affect price. My point was that the same thing can happen in a property sale and people deal accept it.
      Sure market values rarely shift as quick in property as they do with stocks, but I still see no reason why trading can't be timed in intervals (say from a few minutes to an hour) to eliminate all the gaming of the system from players willing to burn the market for personal greed.

    104. Re:So? by u38cg · · Score: 1

      Conveyancing in the UK can be done by anyone who does it correctly, if they have an interest in the property. Indeed, it's difficult to see how you could disallow this.

      --
      [FUCK BETA]
    105. Re:So? by Jack+Griffin · · Score: 1

      I'm not from the UK, but in most civilised countries, conveyancy requires a license, which means some sort of training and regulation. A quick Google tells me the UK is no different: http://en.wikipedia.org/wiki/L...

    106. Re:So? by u38cg · · Score: 1

      You need to Google more.

      --
      [FUCK BETA]
    107. Re:So? by Jack+Griffin · · Score: 1

      You need to improve your communication skills more.

  4. But mostly... by Anonymous Coward · · Score: 0

    they were pissed that an american didn't think about in first, screw up the timing and need to be bailed out. Oh wait...

    So its just that he made money doing it.

    1. Re:But mostly... by Anonymous Coward · · Score: 0

      without an H-1B

  5. Simple solution... by TWX · · Score: 2

    ...make people, not computers, buy and sell.

    It'll never happen, but given that it may be hard to convince a jury that the DoJ's claim is true due to the technical nature of the 'crime', I don't see how it's going to improve when commodities and stock traders can manipulate the markets simply through the act of offering to buy and sell.

    --
    Do not look into laser with remaining eye.
    1. Re:Simple solution... by Anonymous Coward · · Score: 0

      It's also hard to convince the genie to go back into the bottle. What does it mean that 'only people, not computers, [can] buy and sell'? What constitutes automation? Computation? Computer assistance? Would a phone call or a searching a database count? What about the use of newspaper stock prices, it's information too, just delivered slower. Will traders be allowed to use calculators?

      Then there's the enforcement. How could this possibly be enforced? Would literally everyone who wished to trade stock have to be on the stock-trading floor? If you allow human proxies, isn't that just allowing biocomputers to do your trading for you, especially if you give them 'automatic' rules by which to trade on your behalf? What's to stop people from secreting in a hidden mic to an accomplish with access to a database? Then there's all the tricks developed by casino fraudsters with hidden cameras and calculating devices on their person.

      If you seriously think the solution is getting rid of computers in this one industry, even as they are becoming ubiquitous in almost every aspect of every other industry, I ask "How?"

    2. Re:Simple solution... by TsuruchiBrian · · Score: 1

      I don't think you can get rid of computers from trading, but you can remove the advantage that they have. The NYSE is designed as a skewed playing field, giving an advantage to those paying for faster access. I don't think it will be possible to create rules for an exchange that are 100% fair, but I think simply not actively tilting the rules in favor of companies like Goldman Sachs will be an enormous improvement.

      There are ways to limit the effectiveness of strategies currently employed by HFT algorithms. You could take measures to curb disingenuous trade offers. You could randomize the times that offers are published to different agents and lengthen them in order to give humans with regular internet connections a chance to compete on a more level playing field.

      The system in place at the NYSE is not the only way to do things. It is the way to do things that maximizes profit for the NYSE as long as regular people are willing to play in an unfair game.

      Maybe people who care about investing more than speculation will have enough political will to prop up an alternative that can surpass the NYSE and it's ilk.

    3. Re:Simple solution... by BarbaraHudson · · Score: 1

      Just make it so that you have to hold stock for a minimum period of time before you sell it.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    4. Re:Simple solution... by Harlequin80 · · Score: 1

      I agree with this and have proposed it many times before. It doesn't even need to be long. 1 minute would kill HFT.

    5. Re:Simple solution... by gl4ss · · Score: 1

      just make all the trades happen in 2 minute ticks. making algo trading accessible to anyone(no need for 5ms ping to the exchange).

      or 10 mins if you want humans to do it.

      wouldn't really be a problem to anyone, except the guys at the exchanges who get paid to arrange the 5ms pipes.

      --
      world was created 5 seconds before this post as it is.
    6. Re:Simple solution... by Anonymous Coward · · Score: 0

      HFT does not help other investors and provides no systemic liquidity - only phantom liquidity that disappears as soon as the market gets bumpy. There is no added value in filling an order in 10ms rather than 15ms on a sunny day and simply paying because you do not have preferential access to markets.

    7. Re:Simple solution... by Anonymous Coward · · Score: 0

      You can gain no information on a company in 2 minutes that can change your opinion of its profitability.

      You need two things:

      1) minimum atomicity of, say 2-10 minutes. Trades are done to a precision of that.
      2) minimum holding time of, say, 7 days. If you aren't investing in the company, you shouldn't be buying its shares.

    8. Re:Simple solution... by Anonymous Coward · · Score: 0

      You can gain no information on a company in 2 minutes that can change your opinion of its profitability.

      Bullshit. Two minutes is more than enough time for news to break that fundamentally changes a company's valuation. For example, news could break that the beloved owner of FooCorp just died and his company is being liquidated. If you just entered a buy order at the top of the two-minute window before the news broke, you're fucked.

    9. Re:Simple solution... by Guru2Newbie · · Score: 1

      ...minimum holding time of, say, 7 days. If you aren't investing in the company, you shouldn't be buying its shares.

      Yeah...no, AC. Traders AREN'T Investors. We rarely care about company fundamentals, only price movement. Some idiotic move like this would hamstring the entire stock market. Oops, what? There's a global market that wouldn't do this, and only the U.S. loses big-time? Again, B.S. on you.

    10. Re:Simple solution... by Cederic · · Score: 1

      Well, given the actions of traders are intended to exploit investors, fuck you.

      I think a minimum hold period is perfectly acceptable, and that doesn't stop you trading, it just forces you to think before you trade.

    11. Re:Simple solution... by Anonymous Coward · · Score: 0

      HFT most certainly does both of those things.

      Maybe you should go educate yourself. Here's a great place to start:

      http://papers.ssrn.com/sol3/pa...

      Abstract: This paper examines the relation between high-frequency trading (HFT) and extreme price movements (jumps). Some market observers allege that HFT exacerbates or even causes price jumps, thus contributing to market instability. Contrary to these allegations, we find that during extreme price movements high-frequency traders act as net liquidity suppliers, while non-high-frequency traders act as net liquidity demanders. Moreover, high-frequency traders are active liquidity providers during price jumps that result in permanent price changes, absorbing the most informed order flow. Our evidence is consistent with HFT performing a stabilizing function in modern markets.

      I'll wait right here for you to come back and apologize.

    12. Re:Simple solution... by david_thornley · · Score: 1

      I really don't know that HFT is harming me. I buy and hold, depending on what I think the company's going to do. I don't day trade, partly because I have this strong suspicion that people who know what they're doing will hand my ass to me and charge me for it.

      Therefore, if the stock bounces around in a week, for whatever arcane reason, it doesn't hurt me. The only way this would hurt me is if the stock value got changed permanently because of the HFT. I may be naive and ignorant here, but I don't see how it's going to do that. HFT does mean I can just buy or sell at market rate quickly, which is nice.

      Go back to when I first had stock, and I couldn't have day traded either, since a buy or sell would result in a significant commission to whatever broker I used. Day trading was only possible for people and enterprises that would play in the big leagues, just as it now is only a good idea for those people.

      So, how are HFT and related things going to hurt me? If nobody can explain that, I'll continue not to care about it. It seems to me that the Sarao's alleged actions were profiting from the speculators and HFT, not from people who invest for the long haul.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. A Sympton of the Problem by rtb61 · · Score: 0

    This just reflects the current problem. Trades need to be slowed down and the tax about trades needs to be increased to kerb negative behaviour. Once in they need to stand for 24 hours. Transfer need to occur over 7 days, so once bought can not be sold until a week has passed and vice versa. Want a sounder fiscal market, slow it right down and start charging enough in stamp duties to cover the losses generated by a corrupted market, user pays, they play, the general taxpayer should not be the one paying, only the players should pay.

    --
    Chaos - everything, everywhere, everywhen
    1. Re:A Sympton of the Problem by rickb928 · · Score: 2, Insightful

      That's stupid. You only need to delay settlement by seconds, force the buyer to hold for 6 minutes, and the HFT system is broken.

      Or you could levy a truly minimal transaction tax, even processing fee for orders executed in than 250ms from offer to buy to re-offer... Maybe.

      But thinking you should force holding stock for days means you need to suspend trading when any news breaks. Which halts the market.

      Just slow HFT by milliseconds.

      Oh, and audit brokers. If they persist in offering stock they actually don't have, perhaps that's a problem? This whole episode sounds like NASDAQ, except they seem to have the stock.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    2. Re:A Sympton of the Problem by Anonymous Coward · · Score: 0

      curb, dammit, not kerb. What do they teach the children these days ...?

    3. Re:A Sympton of the Problem by rtb61 · · Score: 5, Insightful

      Perhaps, just maybe perhaps, something that is inherently broken should be broken. As a means by which to increase the prices of commodities, not to the benefit of producers or to the benefit of end consumers purely to create an artificial point by which disgusting individuals can insert themselves into the transaction and claim that price increase as profit for doing nothing other than speculating and seeking purposefully manipulate the price. It ain't stupid to try to eliminate the current commodities pricing scam.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:A Sympton of the Problem by Anonymous Coward · · Score: 0

      > This just reflects the current problem. Trades need to be slowed down and the tax about trades needs to be increased to kerb negative behaviour.

      No, they need to curb cancelling orders. They need to enforce that "offer + acceptance = contract". No more of this "offer + acceptance = oh, n/m, changed my mind, here's another offer" that HFT uses.

      Place an order and no one picks up the other side? Sure, cancel it.

      Place an order and someone accepts it and wants to fill it. You're on the hook for it.

    5. Re:A Sympton of the Problem by edtice1559 · · Score: 2

      Brokers are supposed to offer stock they don't have. In many cases, they are legally required to do so. They have to offer to sell even if they hold no shares. This makes them "naked short." They have to run out and buy the securities before the price moves or they will lose their tail so to speak.

    6. Re:A Sympton of the Problem by David_Hart · · Score: 4, Insightful

      That's stupid. You only need to delay settlement by seconds, force the buyer to hold for 6 minutes, and the HFT system is broken.

      Or you could levy a truly minimal transaction tax, even processing fee for orders executed in than 250ms from offer to buy to re-offer... Maybe.

      But thinking you should force holding stock for days means you need to suspend trading when any news breaks. Which halts the market.

      Just slow HFT by milliseconds.

      Oh, and audit brokers. If they persist in offering stock they actually don't have, perhaps that's a problem? This whole episode sounds like NASDAQ, except they seem to have the stock.

      The argument by HFT traders is that reduces the liquidity and efficiency of the stock market.

      They are right in the effect. However, you never see anyone take it to the next step. Do we NEED to market to be THAT liquid?

      I, personally, think that the market is currently too liquid if flash crashes can that easily take place on fake orders. It means that the HFT programs are reacting even before the trades have been completed. I agree that they need to be slowed down.

    7. Re:A Sympton of the Problem by Anonymous Coward · · Score: 0

      What do they teach the children these days ...?

      The only child in need of teaching here is you... namely, on the subject of differences between American and British spelling.

    8. Re:A Sympton of the Problem by Registered+Coward+v2 · · Score: 1

      Brokers are supposed to offer stock they don't have. In many cases, they are legally required to do so. They have to offer to sell even if they hold no shares. This makes them "naked short." They have to run out and buy the securities before the price moves or they will lose their tail so to speak.

      Not really. They match buyers and sellers so when a buyer's offer meets a sellers ask then the trade occurs. They make their money on the commission, although they could sell the stock from their portfolio if they wanted. Market Makers do that but they are a specialized type of trader, since they keep the market liquid for a specific stock.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    9. Re:A Sympton of the Problem by Antique+Geekmeister · · Score: 1

      > hat's stupid. You only need to delay settlement by seconds, force the buyer to hold for 6 minutes, and the HFT system is broken.

      Yes, and good riddance to it. It's arbitrage on a tremendous scale, sicking thought and personal investment right out of hte market into the pockets of those with the fastest connections. The "high frequency trading" market became very strange when companies started selling FPGA's to connect directly to the fiber optic feeds leaving the stock exchanges. I understand a number of extremely expensive data centers low latency network basically fell apart when that technology became commercially available.

    10. Re:A Sympton of the Problem by Tom · · Score: 1

      The argument by HFT traders is that reduces the liquidity and efficiency of the stock market.

      And people still fall for that argument, which amazes me to no end.

      Yes, markets need liquidity.

      No, markets do not need 5000% liquidity.

      Everything is toxic in overdose, even water.

      --
      Assorted stuff I do sometimes: Lemuria.org
    11. Re:A Sympton of the Problem by Anonymous Coward · · Score: 0

      How about requiring that a certain percentage of orders placed in a single day above a fixed amount must be filled on penalty of escalating fines for each unfilled order. For example, everyone gets 1000 orders per day for free and after that each order that's placed but then cancelled costs $1 in fines the first time, $2 for the next one and doubling for each subsequent canceled order until the end of the day when the counts reset and the process begins again.

    12. Re:A Sympton of the Problem by Xolotl · · Score: 1

      "curb" meaning a restraint or to restrain (as used by the OP) is spelled "curb" in both British and American usage.

      "curb" meaning the raised edge of a roadway is spelled "kerb" in British usage.

    13. Re:A Sympton of the Problem by Imrik · · Score: 1

      That wouldn't fix this. It wasn't a matter of him cancelling orders that someone picked up on, it was him placing orders that gave the appearance of a greater market than actually existed, causing the price to move in a certain direction, then cancelling orders before they got picked up.

    14. Re:A Sympton of the Problem by bentcd · · Score: 1

      They are right in the effect. However, you never see anyone take it to the next step. Do we NEED to market to be THAT liquid?

      We can't really know the answer to this. The applications that would benefit from instant liquidity haven't been developed because instant liquidity has not been available.

      Maybe there are some true killer applications for this that just need a few more years of HFT-provided instant liquidity for someone get around to inventing, and once they do, we'll all wonder how people could even pay their bills under the old system let alone live their lives to the full.

      --
      sigs are hazardous to your health
    15. Re:A Sympton of the Problem by sgt_doom · · Score: 1

      Sorry, David_Hart, but you are falling for their trap, and allowing them to define everything, including the latest in bullcrap charges.

      In fact, this is to redirect attention from the actual cause, which is internalization, which is the purchase of almost 100% (like around 93% to 96%) of all public stock purchases by the top banks and hedge funds from the major brokerage firms. Then they do these trades they have purchased on their own internal systesm (known as dark pools), thus they control the public trades, and they have the insider data as to the trends --- really almost complete command and control.

    16. Re:A Sympton of the Problem by drcesteffen · · Score: 1

      As I understand the HFT (High Frequency Trading) (Flash Boys book) often saw an order on one exchange and beat the order to other exchanges that were needed to fill the order thus driving up prices. Liquidity is fine but not at the expense of something similar to "front running". Each exchange should list the number of shares they can fill. Purchase orders should be made for fewer shares than the number they can fill rather than relying on the exchange to fill the order from other exchanges. The person making the order should place orders at several exchanges so the arrival time of the orders is simultaneous. So the exchanges should allow pinging to determine the arrival time. Of course, this has to be over a dedicated line as the internet can send packets by different routes.

      This case seems to be about someone purchasing options to manipulate the stock price. So if a source creates a lot of orders which are never executed, why does it affect the price at all? It seems the market does not rate the credibility of the orders that are posted. If someone buys an option to purchase at some time in the future at some price but has a history of cancelling 99% of the their options, why would the market give any credibility and consequently a corresponding price change in response to the purchase of the option? The new or unknown people should have limits on the value of the orders until their credibility is determined at that level of order. So they would have to work their way up a tiered system to affect the market. The higher the value of the order the higher the impact on their credibility. All options are not equally credible.

    17. Re:A Sympton of the Problem by edtice1559 · · Score: 1

      You are correct. I did intend to say market makers here. But I still got modded up!

  7. So was it illegal? by Irate+Engineer · · Score: 2, Interesting

    So was it illegal to do this? They use the word "scheme" hoping people will mentally prefix it with "Ponzi" in their minds to make it sound illegal, but was it? Sounds like he was being clever and making money - ain't that the whole point of trading?

    --

    Left MS Windows for Linux Mint and never looked back!

    Vote for Bernie in 2016!

    1. Re:So was it illegal? by Anonymous Coward · · Score: 1

      Is taking things from others illegal? I mean .... come on. Seriously, he perpetrated fraud. He placed hi volume orders w/ no intention of carrying them out, just to influence the action of others.

    2. Re:So was it illegal? by Anonymous Coward · · Score: 0

      Sarao was charged in a federal criminal complaint in the Northern District of Illinois on Feb. 11, 2015, with one count of wire fraud, 10 counts of commodities fraud, 10 counts of commodities manipulation, and one count of “spoofing,” a practice of bidding or offering with the intent to cancel the bid or offer before execution.

      I havn't ready what commodities manipulation, spoofing, of general commodities fraud entails but ti sounds like it might be what he did :)

    3. Re:So was it illegal? by Ichijo · · Score: 0

      It seems his trading bot used a new strategy to outwit the other trading bots and so they sold like crazy, depressing the stock price. There's a technical solution to this technical problem, but as usual the government prefers a more heavy-handed approach.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    4. Re:So was it illegal? by Irate+Engineer · · Score: 1

      Was cancelling the trades illegal?

      My point is - would anyone have cared if he didn't trigger a 1000 pt market slide? This guy is a schemer, no doubt, but doing things that are illegal with a computer keeping tabs on the actions seems dumb, dumber than this guy seems to be.

      I think this guy is just getting hanged because safeguards were not in place to prevent these legal actions. If someone is going to be hanged, it has to be the little guy, not the ones that created the system in the first place.

      --

      Left MS Windows for Linux Mint and never looked back!

      Vote for Bernie in 2016!

    5. Re:So was it illegal? by wisnoskij · · Score: 1

      Yes it is illegal to place orders you have no intention of ever filling to make people think the market is crashing so they will panic and you can profit from their misery.

      --
      Troll is not a replacement for I disagree.
    6. Re:So was it illegal? by WolfWithoutAClause · · Score: 2

      Outwitting other bots isn't a crime, but market manipulation is.

      You're not allowed to run prices down, purely to get them on the upswing.

      And that's specifically what he seems to have been doing.

      This isn't a technical problem, it's an ethical problem. The markets aren't there for this sort of thing, they're primarily there to fund businesses.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    7. Re:So was it illegal? by jklovanc · · Score: 1

      So was it illegal to do this?

      Placing sell orders with no intention of fulfilling them is against SEC rules.

    8. Re:So was it illegal? by Anonymous Coward · · Score: 0

      Taking things from others with their permission is legal in most of the world. If others take stuff away from you while both of you follow the rules is still legal, no matter how much steam you blow out your ears.

    9. Re:So was it illegal? by mbone · · Score: 2

      My point is - would anyone have cared if he didn't trigger a 1000 pt market slide?

      There are lots of things you can get away with, as long as you don't cause a panic and make the evening news.

    10. Re:So was it illegal? by The+Grim+Reefer · · Score: 1

      The markets aren't there for this sort of thing, they're primarily there to fund businesses.

      How exactly does high frequency trading fund businesses?

    11. Re:So was it illegal? by no-body · · Score: 5, Funny

      ...The markets aren't there for this sort of thing, they're primarily there to fund businesses.

      You are making me laugh - the joke of the day!
      Mark parent up as funny!!

    12. Re:So was it illegal? by tlambert · · Score: 1

      Was cancelling the trades illegal?

      Yes. He's charged "with one count of wire fraud, 10 counts of commodities fraud, 10 counts of commodities manipulation, and one count of “spoofing,” a practice of bidding or offering with the intent to cancel the bid or offer before execution."

      My point is - would anyone have cared if he didn't trigger a 1000 pt market slide?

      Quit exaggerating; it was only a 600 point slide. That's only $180,000,000,000, or 5.5% of the 30 most important companies in the U.S..

      Actually, I'm surprised the guy is still alive; they must be hoping to recover some of the money before they off him.

    13. Re:So was it illegal? by TsuruchiBrian · · Score: 1

      So HFT as a whole should also be illegal by your logic.

    14. Re:So was it illegal? by TsuruchiBrian · · Score: 1

      Is it unethical to behave unethically in an unethical market?

    15. Re:So was it illegal? by TsuruchiBrian · · Score: 1

      Why not just disallow this practice (i.e. by forcing transactions on offers that are accepted) rather than making it illegal? Could it be because big companies also exploit these features (although maybe not so blatantly), to profit?

    16. Re:So was it illegal? by WolfWithoutAClause · · Score: 1

      Whether it is ethical or not, I suspect that the people involved will shortly be making a 'voluntary payment,' probably 'without admitting wrongdoing' after the regulators have asked pointed questions comparing the actions of their bot against those of the relevant standards.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    17. Re:So was it illegal? by tnk1 · · Score: 2

      I don't know, it sure is driving up real estate prices near the exchanges, buying up high powered computer equipment and networking, employing coders, mathematicians, network engineers, and etc.

      Oh you meant, how is it funding the businesses whose stock is being traded?

      Not at all. Unless those businesses happen sell services to HFT houses, of course.

      That said, the market develops these various services/parasites because it serves a real purpose, mitigating the risk of the initial primary risk of investment in a company's stock. Combining a set of stocks in a basket can even out the risk, for instance. That basket then has its own characteristics and risk, which might be mitigated in a different way.

      All of that is a meta-game which has nothing to do with the business behind the stock and everything to do with what you can do with instruments that have an variable value and their own characteristics.

      It is unclear how HFT helps anyone, and frankly, it feels more than a little abusive, especially if it can take out the rest of the market in an escalating arms race of faster trading and even lower ethical values than an already pretty ethics-free environment. It now feels like they will get to a point where their trades are actually so fast that they will no longer actually act on data, and become expensive, very fast, but approach randomness.

      That does not mean, however, that HFT serves no valid purpose, and there are suggestions that it adds liquidity to the market or something. The problem is that the automatic and high speed nature of the trading algorithms magnifies errors and allows fraud like this to get out of hand, so any positive value may be marginal or even overcome by negatives.

    18. Re:So was it illegal? by Anonymous Coward · · Score: 0

      Seems a big mistake to hinge this on intent. It needs to be clear what actions are punishable, not what state of mind.

    19. Re:So was it illegal? by Registered+Coward+v2 · · Score: 1

      Was cancelling the trades illegal?

      My point is - would anyone have cared if he didn't trigger a 1000 pt market slide? This guy is a schemer, no doubt, but doing things that are illegal with a computer keeping tabs on the actions seems dumb, dumber than this guy seems to be.

      I think this guy is just getting hanged because safeguards were not in place to prevent these legal actions. If someone is going to be hanged, it has to be the little guy, not the ones that created the system in the first place.

      No, he was conducting trades apparently to give the impression of an active market without ever intending to actually make the trades. As a result, when other traders made trades he was able to take advantage of the moves and make money. In essence, he cooked the books and then ran off with the cash. the SEC frowns on that.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    20. Re:So was it illegal? by NicBenjamin · · Score: 4, Interesting

      You can buy a penny stock. You have a First Amendment right to talk it up on penny stock forums. You can then sell for a profit. No single step is illegal. But if the police prove you intended to pump and dump it you have committed a crime. The whole process, taken together, is a crime if they prove you were trying to convince a bunch of idiots to do something stupid (ie: buy your $.05 penny stock for $0.25) that a) cost them money while b) earning you money. You manipulated the market for your personal gain, and that's bad.

      This guy made a series of perfectly legal moves that had the effect of a) costing a bunch of idiots to lose money in the Flash Crash while b) he gained money.

    21. Re:So was it illegal? by NicBenjamin · · Score: 0

      So HFT as a whole should also be illegal by your logic.

      HFT is bad and should be banned, but legally it's actually the opposite of this.

      A HFT trader uses his knowledge of market conditions (ie: Royal Bank of Canada just placed a major buy order for GM that will jack up the price) to profit. He doesn't try to change the price of anything, he just uses his superior knowledge of what the price is going to do to make a buck.

      This guy did the opposite. Instead of waiting for the market price to change by itself, he manipulated the system so the market price changed.

    22. Re:So was it illegal? by NicBenjamin · · Score: 2

      Seems a big mistake to hinge this on intent. It needs to be clear what actions are punishable, not what state of mind.

      Almost all financial crime is intent. You have the right to write a check on an account that has no money in it if you intend to put money in it by the time the check gets to the bank in a few days. If you fail to do so because something stopped you (ie: you get hit by a bus on the way to the bank and go into a coma) you have committed no crime. OTOH if you failed to do so because the original check was a lie you've committed a bunch of crimes.

    23. Re:So was it illegal? by NicBenjamin · · Score: 1

      The markets aren't there for this sort of thing, they're primarily there to fund businesses.

      How exactly does high frequency trading fund businesses?

      HFT is justified by it's advocates as promoting "liquidity" in markets. Since prices are even more responsive to data the market price is more accurate, and something on the order of 74.2643% of capitalist economic theory is based on the premise that the market price must be 100% accurate at all times be definition.

      I don't think that level of liquidity is a particularly strong argument, but that doesn't change the fact that a) they have a justification that cannot be scientifically disproven by economists, and b) they aren't doing anything illegal.

      They actually do the opposite of what this guy is charged with. He used his bots to convince the market to change the price, they use their bots to predict the price the market will come up with in a nanosecond.

    24. Re:So was it illegal? by Fnord666 · · Score: 2

      A HFT trader uses his knowledge of market conditions (ie: Royal Bank of Canada just placed a major buy order for GM that will jack up the price) to profit. He doesn't try to change the price of anything, he just uses his superior knowledge of what the price is going to do to make a buck.

      So how is that not considered insider trading? Or is the GM buy order public knowledge but most people don't have the ability to take advantage of it during the millisecond window?

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    25. Re:So was it illegal? by jklovanc · · Score: 1

      forcing transactions on offers that are accepted

      The thing is that he priced the offers just above market price so they would not be accepted. The volume of his offers made it look like there was lots of supply which made the price go down. He kept following the prices down and rarely sold anything.

    26. Re:So was it illegal? by Anonymous Coward · · Score: 0

      > Outwitting other bots isn't a crime ...

      That's exactly what happened. his large orders were confusing the high frequency trader bots, who manipulated the market for him.

      > This isn't a technical problem

      Of course it is. If you allow high frequency trading, this technical problem results.
      It is easily solved by introducing delay and randomness in the system, but there is money behind not fixing it.

    27. Re:So was it illegal? by Anonymous Coward · · Score: 0

      HFT is only "adding" liquidity where we already have enough of it. They evaporate when the ride is choppy.

    28. Re:So was it illegal? by Jack+Griffin · · Score: 1

      The same way a fast talking salesman can talk old people into buying things they neither want or need? Just because it ain't illegal don't make it right.

    29. Re:So was it illegal? by Anonymous Coward · · Score: 0

      "Just placed an other" would be an indication that the order was public information on the exchange.

    30. Re:So was it illegal? by Anonymous Coward · · Score: 0

      "In essence, he cooked the books and then ran off with the cash."
      That's exactly what HFT does too, though. It cooks the books and says "No, the offers are for 0.002p higher!" then runs off with the difference.

    31. Re:So was it illegal? by Anonymous Coward · · Score: 0

      > You have the right to write a check on an account that has no money in it if you intend to put money in it by the time the check gets to the bank in a few days. If you fail to do so.. ... just shoot yourself.

      That is how it worked in 19th capitalist Europe. Cheque fraud was such a shame, the perpetrators either committed suicide to protect the family name from a public scandal or fled into the underworld or the New World, if they were cowards. It was one of the leading causes of peacetime death among the military officers, who had a habit of obsessively playing card games for cash in the casino. Sometimes even gambled their unit's war chest and were left with no choice when the ace of spades didn't turn up and of course they didn't want to appear cowards. Probably most typical for Habsburg-Austrian Empire (the 68 year long reign of Franz Joseph) but it was very common for all of continental Europe.

    32. Re:So was it illegal? by NicBenjamin · · Score: 1

      An HFT is not an insider with special knowledge of the operations of a company. He's not getting his information from such a person. To quote the C0urt:
        "It is well established, as a general proposition, that a person who acquires special knowledge or information by virtue of a confidential or fiduciary relationship with another is not free to exploit that knowledge or information for his own personal benefit but must account to his principal for any profits derived therefrom."

    33. Re:So was it illegal? by vakuona · · Score: 1

      Why not just hide any information on bids and offers that are not accepted? Basically, if all quote and volume information was made secret, then that information couldn't be gamed. The only information that should be made public is order fulfilment.

      The problem is that these bids and offers are public knowledge, when they shouldn't be. People with stocks to sell should say how much stock they want to sell, and the minimum price they are prepared to accept. Folks who want to buy stocks should say what stocks they are willing to buy and what is the maximum they are prepared to pay.The system should then match buyers and seller at the market clearing price, i.e. sell at the highest price that would match buyers and sellers.

      This would reduce liquidity, but would get rid of the market manipulation. Yes, it wouldn't get rid of speculators, but might just make HFT not very worthwhile, which would be a good thing in my book.

    34. Re:So was it illegal? by WolfWithoutAClause · · Score: 1

      It's unclear that they 'aren't doing anything illegal'. Even the New York Stock Exchange itself was fined after the flash crash.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    35. Re:So was it illegal? by Dragonslicer · · Score: 1

      Seems a big mistake to hinge this on intent. It needs to be clear what actions are punishable, not what state of mind.

      Intent is a huge part of the legal system. It's the difference between murder and manslaughter.

    36. Re:So was it illegal? by TsuruchiBrian · · Score: 1

      There are lots of variations that I think would work better than what currently exists. My only concern with your system is that companies with lots of money will have more information than. If the offer information is private, they can test the market by offering to sell and buy small amounts stocks at certain prices and if it is not accepted, they have information that no one else does. Firms like goldman, for relatively little money can build a better picture of the value of everything than the little guy.

    37. Re:So was it illegal? by RyoShin · · Score: 1

      You forgot C) while not being a giant, international bank.

  8. "Canceled the orders" by Anonymous Coward · · Score: 0

    Being able to take back trades is killing investor confidence in the marketplace.

    1. Re:"Canceled the orders" by Anonymous Coward · · Score: 0

      Limit orders NEED to be able to be cancelled. If you don't know this, it's because you know nothing about trading stocks.

  9. And this is illegal how? by rsilvergun · · Score: 0

    Just wondering. Though I do notice that here in America we've got lots and lots of laws to protect our investor (e.g. ruling) class and not so many for us slobs down in the working classes.

    --
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    1. Re:And this is illegal how? by NicBenjamin · · Score: 1

      You know that thing penny-stock-bugs get arrested for? They talk down a penny-stock on their forums and get it for a penny, then they use other accounts to talk it up so they can sell it for a quarter? And it's illegal market manipulation because they were making shit up with the intent of acquiring large amounts of money from rubes?

      That's precisely what this guy did, except instead of using his First Amendment right to find rubes he used a computer algorithm.

  10. HFT Don't Like Individuals Moving in on their turf by Anonymous Coward · · Score: 0

    Isn't this basically what many of the HFT's do all the time? So they found a scapegoat who was moving in on their turf and lowering their profit and so they got the political machinery to ice him.

  11. comment subjects are stupid by Falos · · Score: 1

    moar plz.

    You can stop after the traders decide that throwing pre-scripted parasite'ing at the market isn't a formula for an ez-money printer. A single case is only going to make them balk and whine and headhunt.

    Slowly, judging by the five-year delay.

    1. Re: comment subjects are stupid by Anonymous Coward · · Score: 0

      Take your meds, dipshit.

  12. Playing field not level by Anonymous Coward · · Score: 0

    So some big guys can see these standing orders and act on them? That playing field looks tilted to me.

  13. Re:HFT by Kaenneth · · Score: 1

    They would just open a market on potential trades, obscuring it by a layer.

  14. Market Making by Neo-Rio-101 · · Score: 3, Insightful

    This is basically what Market Making is: Creating a bunch of pending orders that are never triggered to push the market away and into the direction they want.
    Only the biggest players on the block can get away with doing this because they have billions in equity.... such as the largest 12 banks on the planet.

    Always good to know that the value of all our commodities and currencies are controlled by them on a whim, isn't it?
    Also good to know that they make money by default and can't really lose the game.

    Go back to sleep everyone. Nothing to see here...

    --
    READY.
    PRINT ""+-0
    1. Re:Market Making by edtice1559 · · Score: 2

      This is hardly what market making is. Market makers have *more* legal responsibility than average traders. A market maker must *always* have a bid and ask price showing and they *must* buy or sell at these prices even if it costs them large sums of money. Market making is like a reverse lottery. Usually you make a few dollars on the spread. But you can lose big. Some people use the term "market maker" loosely as you probably are here. But what you are seeing here is a form of market manipulation.

    2. Re:Market Making by Neo-Rio-101 · · Score: 1

      A market maker must *always* have a bid and ask price showing and they *must* buy or sell at these prices even if it costs them large sums of money.

      Of course, but that's the point though.... NO-ONE is going to actually trigger these massive orders because they don't have the equity to fill them.
      Yes, it's a risk that they get hit, but... who would?

      Just throw some big stops on in each direction, make it look like there are market participants....

      --
      READY.
      PRINT ""+-0
    3. Re:Market Making by Anonymous Coward · · Score: 0

      Of course, but that's the point though.... NO-ONE is going to actually trigger these massive orders because they don't have the equity to fill them.
      Yes, it's a risk that they get hit, but... who would?

      Just throw some big stops on in each direction, make it look like there are market participants....

      Umm .. no. That wouldn't work. You are saying that someone should just sit on the market all day long paying access fees, and putting out huge orders, but never trade? That'd be a quick way to go bankrupt.

      Market makers only get paid for executing on both sides of the market. Ideally this happens at once. But it never does. So they take risk in between the time of the buy and the sell trade.

      If you sit in the book with huge size and are away from the top of the book, no one will take your order seriously, and you will not push markets down. You have to be pretty darn close to the market to try to push the book, so it takes some actual skill to do the type of spoofing alleged here.

    4. Re:Market Making by Neo-Rio-101 · · Score: 1

      Throw a bunch of orders at the top of the market
      Throw a bunch of orders under the market.
      Lets say you have 3 trillion dollars of pending buys and 2 trillion of pending shorts

      The play is obvious.... go up and trigger the 3 trillion of buy orders and hit their stops, and then turn around and crash right through the 2 trillion of shorts.

      Sure, you hand back 2 trillion to the market... but you just nabbed 3 trillion.
      Take 1 trillion in profit on the aggregate.

      Rinse. Wash. Repeat.

      --
      READY.
      PRINT ""+-0
    5. Re:Market Making by Anonymous Coward · · Score: 0

      True. Plenty of illegal things are exactly identical to legal things except for prior permission. The financial sector is no exception, and market making is just one of many activities that require permission. And just like we should get drivers without license from the roads, so should we deal with unlicensed market makers.

      Also, i don't see a problem with the fact that those big market makers have billions in equity. It's the market makers job to offer equity for sale, and it's a good thing that they actually own the equity they're offering. But that does mean they will make a loss if the equity tanks, and that won't be countered by 0.1% profits on trading.

  15. So what? by khallow · · Score: 0

    "Spoofing" is a silly activity to make a crime. There are two reasons. First, any book order that you place has a chance of being bought. Thus, it doesn't matter if you "spoof" or not, it's something you can be called on and you have to honor the book order you placed. Second, it's very easy to conceal intent to spoof, especially with a computer program. Just don't brag about it in email while the feds are listening in.

    It sounds like this guy got caught merely because he was the target of an investigation for something else and they found something to extradite him with in the emails they were reading. It'll be interesting to see if this actually goes to court and if some "parallel construction" happens.

    My view is that spoofing should be quite legal and the authorities should be completely uninterested in it. The reason is that there are a lot of crappy traders out there, both human and computer. Spoofing is one of many ways to stress test these traders and weed out the ones who shouldn't be anywhere near a market.

    1. Re:So what? by Khashishi · · Score: 1

      Apparently, the market failed the stress test, and that's why people are looking for someone to blame.

  16. My Suggestion by Anonymous Coward · · Score: 0

    Prevent the government from investing in or managing any markets in any form. People will be able to participate as they see fit, and loose money if they make a mistake, as long as legal contracts are not violated. With no vested interest in keeping the trading market just so for debt and political reasons, and the actual risk involved communicated to the many traders in the form of price and potential for loss, there would result:
    1. Less tendency for panics because everyone would know what they were doing
    2. The market would self-police, because there would be a vested interest communally to keep 'schemers,' or any other bad behavior, out
    3. The country's economy would not rise and fall with the numbers in the stock market

    I don't know if my suggestion would work or even if it is any good at all. All I can say is that it's probably better than any additional (or previous) regulation the government could do.

    1. Re:My Suggestion by omfgnosis · · Score: 2

      The risk of investment on the scale of the stock market isn't borne only by the investors. Manipulation gone wrong can destroy economies. Most of the regulation that exists is a reaction to catastrophic losses felt far outside the stock market. It simply isn't reasonable to claim that the problem is overregulation, or that less regulation promotes educated investment or self-policing.

    2. Re:My Suggestion by NicBenjamin · · Score: 2

      We've tried this before.

      It resulted in huge swings in the market (because scam artists could get away with all kinds of shit), that resulted in major harm for ordinary people because their boss gets his capital from the capitalists on either the stock market or the bond market, and if he can't do that he has to fire you, which means you buy less food, etc.

      The panic of 1873, which bore the title "Great Depression" before the one of the 30s, was caused partly because Austria-Hungary's barely regulated stock market collapsed. In the US the problem was that investors got wind of a bank's impending bailout by the treasury before the bail-out could actually happen.

  17. The FBI have a hair sample that matches the UK man by Anonymous Coward · · Score: 0

    We know this UK guy did it cause the FBI found one of his hairs at the scene of the market crash.

  18. Re:HFT Don't Like Individuals Moving in on their t by Anonymous Coward · · Score: 0

    No. HFTs detect massive orders, and quickly buy and sell for $0.004 difference or so to quickly make a profit. They FILL all orders they place. This guy was creating orders he had no intention of filling.

  19. Meanwhile US fugitive bankers in Switzerland by WillAffleckUW · · Score: 4, Insightful

    Easily tracked and easily identified US "fugitive" bankers who caused the crash and have Interpol warrants for their arrest are living high and mighty in Switzerland meanwhile.

    (sources: Bloomberg, WSJ, and Marketwatch)

    So can we actually believe this "person responsible" is not just a sacrificial lamb who will end up pardoned anyway, without doing any actual jail time?

    Just saying.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Meanwhile US fugitive bankers in Switzerland by Anonymous Coward · · Score: 0

      > Easily tracked and easily identified US "fugitive" bankers who caused the crash and have Interpol warrants for their arrest are living high and mighty in Switzerland meanwhile.

      Swiss military is on a budget and their air defence operates only on workdays, from sunrise to sunset, no kidding, it's been officially admitted! Switzerland has a long common land border with Germany, where lots of US troops and military aviation assets are still quartiered. Nothing blocks POTUS from writing five lines on a piece of paper tissue, ordering the US-SOCOM and Secret Service to jointly execute a Silent Hawk (bin-Laden style) stealth helicopter commando raid and extraordinarily render those financial terrorists overnight. The swiss could then go to the Pope to complain about the incident, as the Vatican has many fearsome Swiss Guard battalions for a crusade or whatnot...

      Rest assured, if those bankers stole from jewish people, they would already be in Haifa, wrapped in a carpet like Adolf Eichmann was and hang. If there is will, there is a way... (old Mossad adage)

    2. Re:Meanwhile US fugitive bankers in Switzerland by IamTheRealMike · · Score: 1

      Could you link to those sources instead of only naming them? The only "fugitive banker" that I know of in Switzerland was Raoul Weil, and a quick Google search for the query [us fugitive bankers switzerland] only throws up that name as well, so I'm guessing you're misremembering the details of this particular story.

      Raoul Weil is (a) not American, (b) had nothing to do with the financial crash and (c) did in fact get extradited to the USA accused of (effectively) not being an unpaid agent of the IRS .... where he was so convinced of his innocence he decided not to plea bargain, went to court, and achieved complete victory with jury deliberation of just over an hour. Raoul did not testify in his own defence and presented no witnesses, yet the case against him collapsed almost immediately as the primary witness had been given a sweetheart deal by US prosecutors and appeared to be lying on the witness stand. There was no evidence he knew anything about what bankers far below him in the organisation had been doing.

  20. Re:The FBI have a hair sample that matches the UK by WillAffleckUW · · Score: 2

    We know this UK guy did it cause the FBI found one of his hairs at the scene of the market crash.

    I think they found one of his heirs at the scene.

    --
    -- Tigger warning: This post may contain tiggers! --
  21. UK citizen arrested in the UK for breaking US law? by Andy_R · · Score: 2

    Why does the US have jurisdiction here?

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  22. Need to charge for cancelling orders by Anonymous Coward · · Score: 0

    There should be a charge for cancels orders, since you are misleading the market as to true demand.

  23. Smart by Anonymous Coward · · Score: 0

    That's not criminal, that the nature of the market. If people are lemmings, why is this guy being punished? Stupid.

  24. Re:UK citizen arrested in the UK for breaking US l by Anonymous Coward · · Score: 1

    Why does the US have jurisdiction here?

    Extradition treaties. I'm also fairly certain financial fraud is something that's just as illegal in the UK as it is in the US. What motivation exactly do the British authorities have for not cooperating with the US in their investigation?

  25. You're way off base by rsilvergun · · Score: 1

    you've got the right idea in a society whose job is to make the world a better place. In the real world though he messed with the investor class. He cost important people lots of money and face. You don't get the break the system those guys set up. They make the rules because they're the ruling class...

    --
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    1. Re:You're way off base by rtb61 · · Score: 1

      Truth is the majority always makes the rules, a corrupt minority just gets away with what the majority lets them get away with, up until the majority stops them from doing so. The illusion that the minority control anything, is just that an illusion, keeping in mind they do readily and perversely enough preferably resort to extremes of violence to sustain that illusion (it's their nature).

      --
      Chaos - everything, everywhere, everywhen
  26. Re:UK citizen arrested in the UK for breaking US l by Anonymous Coward · · Score: 0

    He was trading on the US stock exchange.

  27. Re:HFT Don't Like Individuals Moving in on their t by VTBlue · · Score: 1

    Isn't this basically what many of the HFT's do all the time? So they found a scapegoat who was moving in on their turf and lowering their profit and so they got the political machinery to ice him.

    The futures market is a commodity market (real commodity contracts) while HFT is usually in the stock market i.e. Paper assets

  28. yes ideally, but swinging a bat by raymorris · · Score: 1

    Ideally you try to make specific actions illegal. However, crooks are clever, and there are far more possible combinations of circumstance than the law can spell out.

    Consider this. Should it be legal to swing a bat? Right now, it is legal to swing a bat with the intention of hitting a ball; it is illegal to swing a bat with the intention of hitting a person. I don't think there is any way around that.

    1. Re:yes ideally, but swinging a bat by Anonymous Coward · · Score: 0

      Damaging private property. Try harder.

  29. Playing the market .. by DougPaulson · · Score: 2

    Sounds like he was doing exactly the same as the big players. Making bogus orders to promote a false value in a 'product', waiting for a large rush of buys, then selling before anyone else had time to respond. Exactly the same as the big players, except he didn't bribe the requisite politicians or have the requisite friends at the SEC.

  30. Re:UK citizen arrested in the UK for breaking US l by Anonymous Coward · · Score: 0

    If UK person in the UK hacks into a US computer, should UK person be extradited? Could this trader claim Asperger's and avoid extradition?

  31. Re:HFT by Anonymous Coward · · Score: 0

    They would just open a market on potential trades, obscuring it by a layer.

    Then tax potential trades at a penny apiece. I don't give a fuck how far down the rabbit hole you have to go. Penalize the nonsense orders that are laid into the market at a rate of millions per second.

    MAKE IT TAXABLE TO INITIATE ANY TRANSACTION ON ANY EXCHANGE.

    I don't care whether it executes or not, one penny per trade. The stock market is about investing in companies, right? Wink, wink? Or is it a high frequency slot machine being manipulated by those with the shortest fiber and the lowest pings?

  32. So I see.... it's not a crime if... by Anonymous Coward · · Score: 0

    Goldman Sachs does it. Don't you think you can do that though.

  33. Traded out of his house...made $40million by Anonymous Coward · · Score: 0

    According to Forbes, this guy made over $40 million dollars trading from his house using off the shelf trading platform. He made less than $900k on the day of the flash crash. The indictment says he "contributed" to the flash crash.

    Sounds like something this guy and perhaps many others have been doing for awhile, but the circumstances were such that the markets went wild that day and created the flash crash. Typical patsy taking the heat for the institutional failures that allowed the problem.

    I can't believe anyone still believes the financial markets are anything other than Vegas at this point, where some people are better at poker, some people are lucky, some people count cards, and the house always wins.

    http://www.forbes.com/sites/nathanvardi/2015/04/21/feds-charge-37-year-old-who-traded-out-of-his-house-for-helping-spark-flash-crash/

  34. wrong arrest by Tom · · Score: 2

    The real people to throw in jail are the ones who made it possible. The guys who deregulated the markets so much, the ones in oversight of the finance system who didn't see these things approaching and the people who dissolved all the protections of the real economy against the finance market because they were greedy for quick bucks.

    Politicians, mostly, but we should also go after the lobbyists and their employers who influenced them.

    Of course, that will never happen. Society rarely becomes self-conscious enough to get rid of its parasites.

    --
    Assorted stuff I do sometimes: Lemuria.org
  35. If they'd been US traders... by Anonymous Coward · · Score: 1

    If they'd been US traders, the US would not be sending them to court (unless they were a sacrifical lamb to protect a richer trader). If some other country demanded their extradition, no question, the US would summarily refuse.

    But these are politically available because they're foreigners and it's possible to sue them since they won't affect the senator's chances of getting funding whilst giving someone for them to blame for it, without blaming the US.

    Send the US traders to jail too.

    THEN start on foreigners.

  36. only worked due to other automatons by gl4ss · · Score: 1

    it wouldn't have worked if others didn't automate their trades.

    I don't think it was wrong or illegal, it's just a system that's badly designed and had too many money for nothing traders with automatons that they did not look after.

    he pressured the price down by placing orders above the lowest and then the lowest would place lower, and same again. if he intended to fill them or not is rather irrelevant when someone else's algo works like that!

    --
    world was created 5 seconds before this post as it is.
  37. Re:UK citizen arrested in the UK for breaking US l by IamTheRealMike · · Score: 2

    The issue is that making and cancelling orders on a market is not traditionally seen as financial fraud.

  38. Re:UK citizen arrested in the UK for breaking US l by Anonymous Coward · · Score: 1

    It is market manipulation. If you place large orders in the order book, anyone with basic stats can figure out that (assuming average trade sizes and 50% random trades on both sides of the book) that one side will be depleted much faster than the other, and thus the price will move that way.
    Many traders front-run that "hey stats say prices will move, so I'll get in first" which causes a feedback loop.

    Everyone trading on the market has a legal responsibility to ensure a "fair and orderly" market. Market manipulation is disallowed. Orders sent in without the intention to trade, just to cause market price moves, are at or near the top of list of things you're implicitly told not to do. Sending in lots of orders in the opening or closing auction to move the price is also a no-no. etc
    Being a registered trader with an exchange/in a bank.... you have clear knowledge of this due to the trader tests/exams you need to complete.

    From the little I can see on this story, it seems its a reasonably strong case against him.

  39. Incorrect person by Anonymous Coward · · Score: 0

    Non authorised profiteer actually wins

  40. Derivatives by Anonymous Coward · · Score: 0

    They would just open a market on potential trades, obscuring it by a layer.

    The term you're looking for is http://en.m.wikipedia.org/wiki/Derivative_(finance)

    There's a special place in hades for the government regulators who allowed so many derivatives to be marked as 'just as safe as US govt bonds' prior to 2007.

  41. Easy fix by Anonymous Coward · · Score: 0

    Kill derivative market. While at it, kill high speed transaction.
    Then we go back to (approximate) real value of a company being reflected on its stock.

  42. Scapegoat by moeinvt · · Score: 2

    This is ABSURD! He's being singled out because the federal government has granted blanket immunity to the big financial firms and their employees. I guess he didn't bribe the right politicians and didn't provide enough job offers to federal bureaucrats.

    Yes, placing orders that you never intend to execute is technically illegal, but the big financial firms that engage in HFT do this crap every f***ing day! Pick a random trading day in the last year and subpoena the order history of a big trading firm. I guarantee that there will be thousands of orders submitted and canceled in milliseconds. Orders which the firm obviously had zero intention of ever executing. Exactly the sort of activity they are calling "criminal" in this one particular case. The U.S. government is a monstrosity. Arbitrary enforcement of the law is a hideous injustice and it's standard procedure in government.

    If I was a senator I'd be grilling the AG nominee about this selective enforcement BS.

    1. Re:Scapegoat by edtice1559 · · Score: 1

      HFT traders don't make money if they don't execute any orders. That doesn't mean that the anticipate that *all* of their orders will be executed. Rather it means that they want to have *some* orders executed and, whether you accept the reasoning or not, the premise is that their order execution is beneficial. This guy is different in that his scheme would have failed if *any* of his orders went through. That's right. He had to have *zero* success. HFT is about putting an order in and *hoping* that it executes. But if it doesn't execute in a fraction of a second, it gets pulled and replace with yet another order that you *hope* executes. This guy is different in that his goal was to *not* execute rather than *to* execute. That's a big difference.

    2. Re:Scapegoat by Warhaven · · Score: 1

      This is ABSURD! He's being singled out because the federal government has granted blanket immunity to the big financial firms and their employees. I guess he didn't bribe the right politicians and didn't provide enough job offers to federal bureaucrats.

      Yes, placing orders that you never intend to execute is technically illegal, but the big financial firms that engage in HFT do this crap every f***ing day! Pick a random trading day in the last year and subpoena the order history of a big trading firm. I guarantee that there will be thousands of orders submitted and canceled in milliseconds. Orders which the firm obviously had zero intention of ever executing. Exactly the sort of activity they are calling "criminal" in this one particular case. The U.S. government is a monstrosity. Arbitrary enforcement of the law is a hideous injustice and it's standard procedure in government.

      If I was a senator I'd be grilling the AG nominee about this selective enforcement BS.

      If you were a senator, you'd be lining your campaign pockets with their profits and promptly ignoring it like every politician out there right now.

  43. Loss of liquidity by Giant+Electronic+Bra · · Score: 1

    Then the cost of price discovery will go up significantly. There ARE markets which implement limits, forcing a delay on each trade, only quoting at certain periodic intervals (say once a second), requiring liquidity to rest on the book for a certain period before it becomes eligible for payment, or requiring added liquidity to be 'close to the market' so that MMs can't just lay off with some useless bid (like they can on NASDAQ). ALL of these things lead to higher execution costs through wider spreads.

    I mean, I don't claim to know what the ideal balance is, but restraining trades isn't clearly a good idea, it has both positive and negative consequences and balancing them out is a very tricky prospect given how complex the markets really are.

    --
    "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    1. Re:Loss of liquidity by Rich0 · · Score: 2

      Then the cost of price discovery will go up significantly.

      Define "significantly."

      Do we really need nanosecond resolution on stick price changes?

      Do fluctuations at those levels REALLY reflect changes in the actual value of a company? At 4:01.000000001 PM is GM really worth 14.01, but at 4:01.0000000012 something changed and it is now worth 14.02? And what is the cost of having this "extra resolution?"

  44. And see my reply above too by Giant+Electronic+Bra · · Score: 1

    This will add to the cost of liquidity, costing legitimate traders billions. The question is which is the greater cost, excess churn in liquidity, or poorer price discovery?

    --
    "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
  45. You cannot do that by Giant+Electronic+Bra · · Score: 3, Interesting

    The CME, and EVERY SINGLE OTHER trading venue in existence, requires guaranteed credit before you trade. You simply CANNOT place an order for E-Mini on CME and not be able to make good on it if your bid/offer is accepted. Thus there is no such thing as 'kiting'. Broken trades are VERY rare and if you do break one, there's an investigation and serious penalties are in order. Generally speaking there's someone with the available credit to make the counterparty whole.

    So, this Sarao guy for instance, would have been going through someone, say RCG, who is an FCM (Futures Commission Merchant) where he would have say $1 million on deposit. RCG would offer him say 100:1 margin, so he'd make positions as large as $100 million, and if at any point his unrealized P&L grew to close to his $1 million they would call his position and he'd be busted out. At the end of the day he pays RCG some interest on whatever margin he actually used and keeps his profits on whatever he made trading his $100 million in buying power. At NO POINT will RCG ever allow him to be in excess of his credit limit or underwater, and they are regulated and thus guaranteed to have sufficient risk capital to cover any shortfall with the counterparty to any trade on CME. ALL Sarao's trades will be 'given up' to them, or else placed directly through their platform (Onyx 2 I believe currently) and placed by RCG on its omnibus accounts.

    The point is, you can't place trades you can't back up, its simply impossible.

    --
    "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    1. Re:You cannot do that by NicBenjamin · · Score: 1

      I wasn't talking about kiting checks to do trades.

      I was talking about it as a financial crime that's proven almost entirely by circumstantial evidence. The government doesn't prove a guy who kited 30 checks for groceries by proving that they know 100% that he actually intended for each individual check to bounce, it proves it by showing a very consistent pattern of bouncing checks, with the guy who bounced them not doing anything to prevent future bounces, etc.

      The same applies to this case. If this guy's technique to manipulate the market price actually results in manipulating the price (which is illegal), rather then timing the market (which is what day-traders try to do, and HFT guys actually do), and he didx it repeatedly for five years, his defense can;t be "well that was just an accident," because five years of behavior without changing are enough to get a conviction.

    2. Re:You cannot do that by greg1104 · · Score: 1

      RCG would offer him say 100:1 margin, so he'd make positions as large as $100 million, and if at any point his unrealized P&L grew to close to his $1 million they would call his position and he'd be busted out.

      I'd like to live in this wonderful fantasy land where all positions can be closed out at any time with a controlled loss. I'm sure that would work out great even in the most crazy and obviously theoretical example, like maybe a flash crash where prices might even change faster than a complicated position valuation method could track.

      The last time I got a margin call was after a gap up in an equities short position, so no opportunity to trade a controlled close at all. But it was fine--my bet shorting SCOX was guaranteed money, only question was how long until the stock went to $0.

    3. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      My point is just that kiting checks involves funds you don't possess, nobody putting a bid on a market like CME lacks the funds to execute the trade if the bid is hit, and MOST bids are not placed with the anticipation that they will execute, 90% or more of them don't. So its hard to demonstrate that one specific trader is manipulating the market. This is especially true of a HUGE market like the E-mini, which has a gargantuan amount of capital in it.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    4. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      Of course ANY arbitrary market move cannot be covered. Hell the recent craziness with the CHF blew at least 10 major F/X prime brokers clean out of the water in the space of a few hours. That doesn't mean that any one individual retail client was able to put arbitrarily large liquidity out there, that's a whole different thing.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    5. Re:You cannot do that by NicBenjamin · · Score: 1

      Whether his trades pushed the market down is trivial to prove. The market prices are determined by a fairly simple algorithm. You just create a computer program from the algorithm, then feed it two data sets of trades: one with his in it and the other without.

      And if they did that, and his executed trades are designed to make the maximum amount of money when the market goes down; and he continues to use the strategy for five years; it's kinda difficult to believe he was not doing it on purpose.

    6. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      Yeah, there's no such algo. I don't even know what you are talking about. Market prices are the Best Bid and the Best Offer, the difference between them is the spread, and then you have the Last Trade Price, which just shows you what someone last paid. In the stock markets the last trade price is what you see on the news, but in most other markets that isn't even noted. In F/X or on the CME they just quote the BBO (best bid and offer). These are literally just whatever traders have entered into the market at that time. They look at the numbers and either bid/offer or cancel bids/offers. There is no single algo, the prices are the net result of the behavior of all the market participants at all times.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    7. Re:You cannot do that by NicBenjamin · · Score: 1

      Then the Algo is the combination of most recent bid/ask prices.

      He was doing something that was affecting the market price, or his defense wouldn't be "but everybody does it," it would be "but the market price is not affected by my fake bids and therefore I could not have caused the crash."

      If the fake trades don't get directly calculated in it gets trickier to prove, but it's still possible. The evidence becomes circumstantial, but that's not unusual in financial crimes cases because financial crimes tend to be complex multi-step acts which are only illegal in aggregate. ie: Martha Stewart had every right to sell her stock, she had every right to know the company wasn't getting the approval it wanted, but selling it right after learning about the non-approval got her sent to jail.

    8. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      The guy doesn't use an algo, he's a manual trader. http://www.zerohedge.com/news/...

      http://www.zerohedge.com/news/...

      but my point was there's no 'algo' that the MARKET uses to price things. Prices are set by traders, there's no such thing as a price that is 'right' or 'wrong', just what you do or don't want to pay.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    9. Re:You cannot do that by NicBenjamin · · Score: 1

      I apologize for being unclear, but apparently you really did not understand what I was saying in that last post.

      Whatever phrase you finance guys have come up with involving "algorithm" apparently has very little to do with the CompSci definition of the term. In CompSci an algorithm is any repeated process that can be approximated by a series of instructions. Any process. If you only data blondes your mate choice algorithm includes a a step about hair color. If you think Apple's long-term worth per share is $125, and therefore whenever you see that it's below $125 you buy and whenever you see it's above you sell; that is an algorithm even if you don't set up a computer program to do it automatically.

      Thus, if the market price is what the last guy paid, then the algorithm is the price is what the last guy paid.

      If the algorithm is that simple then it's harder to prove because you can't just turn the steps into a computer program that nobody could argue with. You could turn the steps into a computer program, but that would apparently involve guesses about how his unexecuted trades affected actual executed trades, which makes it hard to prove beyond any doubt. But the standard is not "any doubt," the standard is "reasonable doubt."

      But that kind of hard is typical in financial crimes, which tend to be things that are perfectly legal except under certain arguable circumstances (ie: Martha Stewart would have gotten off if she'd had a diary that gave some other reason for selling her shares that day).

      So I suspect they've got something besides the trades. Perhaps his latest business included him boasting about making money off a crash he'd help create, or an email to a snitch said something about actively manipulating market prices, or they think they really have isolated the effect of a single unexecuted trade on the market price.

    10. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      Well, again, if you look at the reporting at Zerohedge on this topic you'll find it interesting and very informative.

      http://www.zerohedge.com/news/...

      for instance. It paints a quite different picture from what people here are guessing. It may be that Sarao committed some sort of crime, but the fact is the market is drastically corrupt and its laughable to call what he did a crime and let 1,000x bigger institutional 'criminals' simply do it with impunity.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    11. Re:You cannot do that by NicBenjamin · · Score: 1

      Reading the source is somewhat interesting, but doesn't change the facts alleged. It's mostly about HFT guys, and their actions are only relevant to this case to the extent he could blame them for bringing down the market on that day.

      The feds are alleging this guy arranged his fake orders so that the price would go down, and that made him money. The second bit (the price going down to make him money) is trivial to prove.

      Whether the orders were fake and intended to drive the price down is trickier to prove, but (as I said before) depending on what other evidence they have not as hard as you;d think. Most finance-related crimes would actually be harder to prove, since for most of them you wouldn't have a five year pattern of the dude doing the same set of fake trades, getting the price to go down, and making a profit.

      The actual text makes me more suspicious of him, because he's repeatedly claiming that the HFT guys are using his order to base their order, which in turn means that his unfilled order is causing them to buy or sell; which means he actually knows how to manipulate the market price by using their algorithms. It doesn't help that their talking about programs he's only had sine '13, or three years after the crash. It also contradicts itself -- either he's a mouse-based trader, or he's using automated programs (algorithms in trader-speak). The article claims that he must be innocent because a) he's mouse-based and b) his algorithm was switched off.

    12. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      Eh, a lot of people have 'custom trading software'. Its a question of what you call an 'algorithm', a real algorithmic trading system is something that runs pretty much autonomously, there's no person in the loop. That's what the HFT guys have. At best someone watches a screen and monitors 'risk' or whatever. What Sarao was doing (as far as I can tell) is different. He had TT and some custom code such that he could place orders of certain specialized types. That means that his order management system would manage that order, placing or removing liquidity from the market according to whatever the algorithm and parameters were that governed that order. This is a lot different from HFT, in effect he's manually trading, its just that the 'order' he places can include stop loss mechanisms, take profit mechanisms, varying price levels, 'pegging', whatever. These kinds of things are fairly common, I've developed this type of system for many people and they're not generally considered 'automated trading systems', though they might meet the strict definition of containing/being algorithms in a formal sense.

      In any case a lot of what Sarao did was clearly just eyeballing things. He traded on gut instinct, long experience, etc. He was perhaps 'baiting' these HFT algorithms into giving up money to him, but I'm sorry if I cannot see that as a crime. These algos add nothing to the markets, they're parasites, and the people running them don't need protection, they need to be booted out, as Sarao himself repeatedly petitioned the SEC to do!

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    13. Re:You cannot do that by NicBenjamin · · Score: 1

      If the way the HFT Guys gave up money was by reducing the actual listed price on the exchange it's illegal. Period. It has to be illegal or you get interesting things like the Panic of '73. The method is irrelevant.

      Don't get me wrong. If I was in Congress and a bill to ban a lot of the shit the HFT guys came before the House I'd vote for it, but the Robin Hood defense tends not to work in Court for people who have eight figures stowed away in the Caribbean.

    14. Re:You cannot do that by Giant+Electronic+Bra · · Score: 1

      Oh, I'm sure Sarao is fucked, don't get me wrong.... You cannot steal from the Kings of Crime and not end up ganked.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
  46. I though stocks were the root of speculation... by Anonymous Coward · · Score: 0

    another step into the evolution of lazy money.

  47. Legitimate question by Giant+Electronic+Bra · · Score: 1

    Do you know what the answer is? No, probably not. Only by analysis can we determine that.

    What I would suggest is that the barrier to entry for establishing different markets should be kept as low as feasible, and it should be relatively easy for order flow to move between one and another. Then different vendors of market services can construct markets with different rules and order flow can go to the ones that function best. If a market full of HFT traders sucks for the retail investors, then they won't trade there.

    Part of the problem is that currently this sort of thing is viciously suppressed. While some ECNs have been established, and there are various 'dark pools' and such it is EXCEEDINGLY hard to establish a really legitimate alternative to something like NASDAQ, and FINRA/CFTC/NFA/SEC actively inhibit such market formation for various reasons which amount to "it might fuck with established market players business models." FINRA in particular is utterly corrupt.

    --
    "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    1. Re:Legitimate question by Rich0 · · Score: 1

      What I would suggest is that the barrier to entry for establishing different markets should be kept as low as feasible, and it should be relatively easy for order flow to move between one and another.

      I'd argue the opposite. I'd encourage one set of rules for markets to operate under, and make it illegal to trade securities in any other way. Flash crashes and such are a threat to the national economy (just look back at 2008). The markets certainly should be regulated in a way that helps to stabilize them. It would also make things like transaction taxation easy to implement, and eliminate a lot of forms of fraud and tax evasion. Any security would be traded in exactly one market, and you own however many shares of it the exchange says you own.

    2. Re:Legitimate question by Giant+Electronic+Bra · · Score: 1

      Except there isn't one best way. I'm suggesting competition between markets. In the end the providers who best serve the people who actually make and lose real money, not the pure speculators, will determine what rules they want to follow, and it won't be the crap rules that Goldman and such want.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    3. Re:Legitimate question by Rich0 · · Score: 1

      I'm suggesting competition between markets. In the end the providers who best serve the people who actually make and lose real money, not the pure speculators, will determine what rules they want to follow, and it won't be the crap rules that Goldman and such want.

      That would work if:

      1. People could actually control what markets their money got invested in. Last time I checked I had no control over where my pension is invested. If my company's pension fund is wiped out, that is a problem for me.

      2. Governments actually let people lose their money when they make bad choices. However, because of #1 they really can't do this. Plus so many people make bad choices they couldn't even really let it happen even if it were completely voluntary.

      When markets are "too big to fail" then they need to be regulated so that they don't fail.

      I'm definitely a fan of minimal intrusion. I'd have taken much more market-based solutions to most of the financial crisis problems, such as splitting up large banks (more competition, nobody is too big to fail on their own), or making bailouts much more powerful (government eminent domains company, reorganizes with only an interest to the national economy and no care of shareholders, and they do everything they can to find a basis for suing every previous executive of the company, then in the end the company is IPOed to get it out of the government's hands, the government recoups all its costs first, and then if anything is left over it goes to previous debtholders followed by shareholders). Because of collective idiocy I still think that markets are going to need to be regulated.

    4. Re:Legitimate question by Giant+Electronic+Bra · · Score: 1

      Oh, I'm not in favor of total market deregulation, far from it! However, I think its possible that not every problem is solved by another regulation either. I'm FAR from being a Libertarian or anything like that, government is a tool, use the best tool for the job.

      As far as #1 is concerned... There are 2 answers to that. First of all if you're going to let other people do your investing, then indeed you will give up some control. Secondly though the people DOING the investing have a fiduciary responsibility to you, so they should be picking the best markets. If they aren't then your later comments about going after scumbags apply.

      As for #2, it doesn't really work that way. The govt didn't bail out ANY retirement funds (at least not private sector ones, nor any mutual funds and similar, money markets, etc). There were some people made whole for certain things out of FDIC or other insurance, but presumably they were paying for that via the premiums coming out of their returns, so its not QUITE a bailout, though perhaps the premiums are subsidized. So in the final analysis the problem isn't that the investors are too big to fail, its the firms themselves that get the bailouts.

      I don't think any of that should happen, so I agree with you entirely, if one of these firms goes bust then the feds should come in, take 100% control and deal with it in whatever manner is required. The stock holders can simply deal, they invested, they selected the management that created the problem, they took the profits, they get the risks and consequent losses. If it was done right, the investors would certainly lead the charge to hold people accountable, they don't have the motivation if they're bailed out though.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
    5. Re:Legitimate question by Rich0 · · Score: 1

      As for #2, it doesn't really work that way. The govt didn't bail out ANY retirement funds (at least not private sector ones, nor any mutual funds and similar, money markets, etc). There were some people made whole for certain things out of FDIC or other insurance, but presumably they were paying for that via the premiums coming out of their returns, so its not QUITE a bailout, though perhaps the premiums are subsidized. So in the final analysis the problem isn't that the investors are too big to fail, its the firms themselves that get the bailouts.

      Of course the retirement funds weren't bailed out. They didn't have to be, because the companies they invested in were bailed out instead. If the various investment banks were allowed to fail then they'd probably all crash and so would everything all those retirement funds were invested in. THAT is why those companies were too big to fail in the first place.

      If investments were just a toy for the wealthy then we could let them play their games and take their haircuts. The problem is that the investment sector affects everybody, so we have no choice but to intervene when things go wrong. That gives us the right to prevent things from going wrong in the first place, even if it means the rich can't play their games any longer...

    6. Re:Legitimate question by Giant+Electronic+Bra · · Score: 1

      Ummmmmm.... Yeah, that's not really what happened. Its true, if an investment fund was invested in AIG then to some degree it was 'bailed out', but there was a SEVERE haircut, and many funds simply lost billions upon billions of $. Also the major losses for funds weren't from being invested IN something like AIG, they were from buying investments FROM something like AIG, investments that were worth SHIT, and they ate every single bloody penny of that, nobody got bailed for owning a subprime loan portfolio, except the banks themselves and THEIR shareholders.

      That also is NOT why there was intervention. It was most decidedly not to save people (who sadly ARE mostly the top 2%) from their bad investments, though it sometimes had that effect. It was to stop the total disappearance of the credit sector of the economy, which would inevitably lead to total economic collapse.

      And again, you seem to think I'm some sort of Libertarian, which is utterly not the case. We have a perfect right to do any god damned thing that allows society to function in a reasonable fashion, but that doesn't change what does or doesn't work. I am only postulating that market forces applied to markets themselves can be a better solution than regulations which never in the history of mankind have had that effect.

      --
      "Malo periculosam, libertatem quam quietam servitutem." -- Jefferson
  48. BBC update by Jenka · · Score: 1

    According to the BBC. This wasn't a isolated incident from the accused trader. He has been using the tactic as late as April 6th of this year. He's made $40 million in the last 5 years. http://www.bbc.com/news/busine...

  49. Illegal vs Unethical by Cheer+Up+Queefy+Jean · · Score: 1

    So he briefly offered something for sale. And he also bought and sold some things. And that's illegal.

  50. Sorry, charley, but not everyone is a douchetard . by sgt_doom · · Score: 1

    . . best article on this latest fiction out of the DOJ:

    http://wallstreetonparade.com/...

    (From Pam Martens excellent site)
    I realize that to many Ameritards, just say it is so, makes it so.

    I realize that most Ameritards have no idea, or even interest, that Holder earned his big bucks defending corporations which hired assassins to murder labor organizers and protesters (South American and West Africa), nor would such background data affect their nonthinking ways.

  51. You are mistaken of course! by sgt_doom · · Score: 1

    QuasiSteve, representing the typical commenter who speaks from volumes of ignorance, makes both a legal and criminal invalid point, since the official stance of the US Government is that such nonpayment or nonpurchases DO NOT AFFECT THE MARKETS (which any sane person who passed arithmetic would disagree with, but then who the eff owns the government, of course!)!!!

    This is a replay of when the criminal AG, Holder, went after some small fry awhile back, proclaiming they had violated the Law of Fraudulent Conveyance, one of many crimes which the banksters had knowingly and willfully violated to bring about the global economic meltdown a few years back.

    1. Re:You are mistaken of course! by QuasiSteve · · Score: 1

      I'm a representative? Sweet! :D

  52. No flaw, dood! by sgt_doom · · Score: 1

    Not a flaw, it is by design. The question you should be asking, if analytical thinking were prevalent here, is who the eff owns the NYSE? Then you will have found the culprit! Always endeavor to ask the next (and most obvious) question!

    1. Re:No flaw, dood! by TsuruchiBrian · · Score: 1

      The owners of the NYSE own the NYSE. By "fixing the flaws" I don't necessarily mean "fix the NYSE". If a rival exchange usurp the NYSE and offer a fair platform for trading, I consider that to be a valid "fix" to the flaw. We don't even need everyone to switch. If enough companies offer stock on the new exchange, and if enough regular folks switch to the new exchange, there won't be enough suckers to mooch from in the NYSE. It will just be HFTs tryng to cheat eachother, rather than HFTs cheating humans.

      In short, it's not required that the NYSE do anything. All that is required is for the people being cheated to opt out.

    2. Re:No flaw, dood! by sgt_doom · · Score: 1

      Negative, sonny, go back and find the eff out who owns it, moron. You can't just repeat something you heard on an effing tv advert. You are soooooo full of crapola! --- sgt_doom

    3. Re:No flaw, dood! by TsuruchiBrian · · Score: 1

      "The owners of the NYSE own the NYSE." is a tautology. It is true by definition. I think a lot of what I am saying is going over your head.

  53. Law makers by NewYork · · Score: 1

    Insider trading is not illegal to Law makers;
    http://cnbc.com/id/43471561

  54. You just don't get it. by DerekLyons · · Score: 1

    I owned stocks that crashed. They recovered again way before I had time to do anything about it.

    Good for you! That means you, or funds you own, didn't have a "sell if it drops by so much" or "drops below" order.

    But you aren't everyone.
     

    The people who it significantly affected were speculators.

    And ordinary people who were invested in those stocks or market indexes, no matter how hard you handwave or blow smoke.
     

    . Yes you could have been invested in one of those companies, but if you have a diverse stock portfolio, what are the chances that all the companies you invested in were the losers in this incident?

    More moronic drivel. The claim was "nobody got hurt but speculators", not "nobody lost everything but speculators".
     

    If you only invested in companies that lost a lot of money in this flash crash, you are essentially a speculator (by virtue of only investing in companies that speculate).

    Are you really that spectacularly ignorant? The market average went down, which means that market index funds went down - something plenty of people who aren't speculators are invested in. On top of that, several major companies (like Procter & Gamble and General Electric, hardly something that would be invested in "only if you're a speculator") lost significant value.
     

    Unlike other market/housing/banking crashes that really did affect lots of ordinary people, this one really didn't. I don't know a single person (ordinary or otherwise) who lost or gained anything (at least not anything they can recognize).

    I hate to be the one to break it you - but you aren't the center of the universe, and the set "people you know" is hardly a significant sample.

    But you are a clueless drooling moron.

    1. Re:You just don't get it. by TsuruchiBrian · · Score: 1

      Good for you! That means you, or funds you own, didn't have a "sell if it drops by so much" or "drops below" order.

      I probably did own some of those. I probably also owned some funds that had a "buy if it drops so much" order. On average they probably cancel out. As long as all your eggs aren't in one basket, it's not a problem.

      But you aren't everyone.

      Apparently I am everyone who's not a speculator.

      More moronic drivel. The claim was "nobody got hurt but speculators", not "nobody lost everything but speculators".

      It is still the claim.

      Are you really that spectacularly ignorant? The market average went down, which means that market index funds went down - something plenty of people who aren't speculators are invested in.

      And then it went back up.

      On top of that, several major companies (like Procter & Gamble and General Electric, hardly something that would be invested in "only if you're a speculator") lost significant value.

      If you invested only in procter and gamble or only in general electric, you are a speculator. If you had a diverse portfolio, the law of large numbers protects you.

      I hate to be the one to break it you - but you aren't the center of the universe, and the set "people you know" is hardly a significant sample.

      Don;t be such a drama queen.

      But you are a clueless drooling moron.

      It's pretty easy to tell someone's argument lacks substance, when the best they can do is resort to name calling.

  55. And it took them 5 years to figure this out? by Anonymous Coward · · Score: 0

    And it took them 5 years to figure this out? Nanax had the data to look at from day one with forensic account info. I don't buy it.