Wed, May 23, 2012, 1:55 AM EDT - U.S. Markets open in 7 hrs 35 mins

NYSE COO Larry Leibowitz: Finding New Ways to Police an Automated Market

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Corrupt. Fixed. Criminal.

No one wants to play a rigged game unless they're in Las Vegas and getting complimentary drinks. Wall Street has convinced the world it's a scam and investors have responded with their feet, particularly in the mutual fund industry where December will mark the 8th straight month of net withdrawals.

Along with a sense of economic progress only restoring belief in a level playing field is going to bring money back into stocks. According to Larry Leibowitz, the COO of NYSE Euronext, his challenge is two-fold: he needs to create and ensure a fair marketplace then prove he's done so to the satisfaction of a deeply suspicious public. No substance. No empty gestures and faux crackdowns while the investing public is fleeced. Real, verifiable, change.

Catching the offenders from the most recent scandals is necessary but not sufficient. That's just the Department of Justice doing its job. Slowly. No one, including market regulators when they're honest, thinks justice will ever be truly served for the sins of the financial crisis. The wheels of justice need to keep grinding, hard, but it's way too late to trick anyone into thinking Big Money paid a real price for the havoc they wrought. Leibowitz can't fix the past but he can rebuild the system currently in place.

In the here and now the most suspicious and mysterious Wall Street investment strategies are those of the High Frequency Traders or HFT's. The HFT game is all about machines and speed with funds using algorithms and computerized trade executions to bet on the next few cent move in more or less any publicly traded stock. Get in, make a couple pennies, get out. If you can pull that off a few million times a day it adds up to real money.

Things get ugly when these HFT's, which some say account for as much 70% of trading volume, all start to make the same bet. Such was the case on May 6, 2010 when the SEC says a mutual fund inadvertently dumped the equivalent of $4.1b into the market at once. Every HFT on earth started dumping equities triggering a 9% crash that reversed itself within minutes.

Leibowitz says the flash-crash nightmare obscures the value derived from the liquidity provided by programmed trading on a day-to-day basis. Among other benefits, the volumes have forced spreads tighter and had much to do with disappearance of the huge commissions paid during the days of market makers.

None of which suggests Leibowitz doesn't see the rise of the computers as a threat. The SEC is "taking a long look" at the situation and the NYSE itself is constantly updating networks and hardware of its own to better identify suspect trades and patterns.

"We need to prove that when bad guys do bad things they get caught," says Leibowitz. He's willing to do what it takes, including working with former enemies. He wants "staffing and regulation with people that understand the market, who have maybe even done some of those (illegal) things," then give this upgraded team the tools they need to win.

Think of it as the Untouchables with a few bootleggers on the team. It's a page out of the playbook of FDR who famously named market manipulator (and bootlegger) Joe Kennedy the inaugural head of the SEC. Kennedy knew the tricks and, to the shock of many, actually closed many of the loopholes he had helped invent.

Leibowitz understands restoring trust is going to require huge amounts of money, time and fresh thinking. Faking it and cronyism are already assumed by the public; the burden is on Leibowitz and the NYSE to prove that perception is no longer reality.

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  • SkiBum  •  4 months ago
    How freaking hard is it:

    1. re-instate the uptick rule.
    2. Any trade held less than 1sec pay 90% capital gains.
    3. Ban naked shorting.
    • osepredart 4 months ago
      1. absolutely agree, reinstate the original uptick rule....immediately
      2. No order may be cancelled within 1-second of entering the system
      3. Outlaw naked short-selling and ban the trader for 5-years and fine the broker $1-million for each trade
      4. Remove the 'upward' circuit breakers that limit short losses
      5. Any inside trader gets banned for life and minimum 5-yrs jail, no exceptions!
      6. Force all hedgefunds, mutualfunds, and institutions to disclose all trades daily
      7. Set capital gains tax 50% for all daytrades, 25% if held less than 3-months; 0% after
      8. Force wallstreet players to delare their income are 'ordinary' income for tax purposes
      9. Eliminate all leveraged ETFs (who needs 2x or 3x ETF leverage)
    • A Yahoo! User 4 months ago
      lol.... I like number 2... Never thought of that..... Good one.... That's really all you have to do.... Tax the heck out of the high frequency servers that no one else can ever afford to rent like these institutions and banks can.......
    • bo 4 months ago
      Yeah, go ahead and reinstate the uptick rule if it makes you feel better. It won't make any difference to anything. There is an urgent need for real reform based on intelligent review of facts and anticipation of potential problems. Knee-jerk rules based on what you think is true rather than what is true only serve to make you think you've solved the problem when you haven't. Some rules even create problems where none existed before or make existing problems worse.
  • Dave  •  4 months ago
    Just more lip service and lies trying to Fool people.!

    How about Arrests , Prosecutions , and JAIL TIME for WS. NYSE. Bankster FTD. CRIMINALS. ?!!
  • We The People  •  Phoenix, Arizona  •  4 months ago
    Lets just shorten this up a bit. Here's the new headline which is also the entire story.
    WALLSTREET TRADERS ARE CORRUPTED.
  • G-man  •  4 months ago
    NYSE has turned into a rigged game. Manipulated to go up and down, with those on the inside with the upper hand profiting from all movement.
  • mark  •  Sioux Falls, South Dakota  •  4 months ago
    The stock exchange has lost its way. It has become a casino not a market for capital formation. What investors need are compeititors of the present stock exchanges which agree to operate without machines or permit HFT. The last consideration of the New York Stock Exchange is the person who would like to invest money to build companies and wealth rather than trade for immediate profit ie gamble. Let the HFT boys have thier casino but investors need a stock exchange as well.
    • rbtbob 4 months ago
      That is a wonderful idea, but I expect there would be a massive & consolidated attack against any move in that direction. The arguments against doing away with shorting would be a pale shadow of a protest in comparison. My biggest complaint against computer trading is that investors can't compete with computers that watch for any lull in volume generated by real people driving real demand and step in with trades to move the stock price in either direction. It is at the least sanctioned robbery and in the worst instances massive fraud against the interests of both the investors and the public company.
    • bo 4 months ago
      The high frequency traders are really competing against each other. They have little impact on people who are investing. The danger high frequency trading poses is to the institutions using those programs. If all the different programs wind up on the same side of a trade they could drive the price further than the institution could cover so fast they couldn't even hit the off switch before they were bankrupt. High frequency trading should be severely limited to prevent the accidental destruction of the market. The institutions should get on board with this for their own protection.
    • Dr Woo Hoo 4 months ago
      Bo - TBTF ensures they are all covered. We, the small people, ALWAYS pay. LTCM, Savings and Loan Scandal, Lehman Bros., etc.
  • Hunter  •  Tampa, Florida  •  4 months ago
    My son attends a major State University and he says all his friends will not be investing in exchange traded markets after all they've read and heard from their parents and relatives about the fraud and losses involved. Future investors will be far less than today. Lost a whole future generation because of these criminals.
  • RICH  •  4 months ago
    buying/selling with HFT computer software should be banned, problem of buying high volumes quickly, then selling those high volumes quickly without taking receipt of what you purchased causing large market fluctuations would be solved.

    If you can't tell the difference between the amount time it takes a human to enter buys/sells from the speed a volume a computer program does it then you should not be the one bird dogging the oversight!! Or you are profiting from it yourself and could care less!!

    Lets face it, all HFT is set up to do is manipulate the market to make a quick gain, then get out before the purchase drops in price again.
    • TheOpinionatedBoomer 4 months ago
      Mark & Rich: Excellent ideas! Maybe, if in the coming years (not soon enough) many more people stop trading, then perhaps Wall Street will get the message, and crack-down on those despicable, greedy parasites that are ruining it for everyone else. Otherwise, the worlds economy is in big trouble.
  • DD Sims  •  4 months ago
    Just charge the HFT's the same commissions as retail investors and traders. That's all it would take to bring things back to normal. Why do they get volume discounts where they basically pay nothing to do a trade?
  • gollywogazoo  •  4 months ago
    NYSE COO defending HFT!!! Of course he is...exchange profits have doubled along with the volume produced by HFT. Meanwhile hundreds of billions of dollars have been stolen from America's retirement nest eggs in the process. This man (along with his CEO) deserves some serious prison time..
  • Larry  •  Owensboro, Kentucky  •  4 months ago
    I hope no one buys this load of crap from this guy. Millions of us can't be wrong. If it looks like a duck, walks like a duck, and quacks like a duck then you can bet your sweet a-- that it is a duck! Leibowitz and talking heads like Jeff Macke are not your friends. There is simply no way that every single stock associated with the DOW, S&P, and NASDAQ can all gain or lose exactly the same percentage, at the same time, and on the same day. Really, it's so blatantly obvious that even a child can see it.
    • gollywogazoo 4 months ago
      well said...Macke & his ilk really do think we are all fools to be had on any given day.
    • Anonymous 4 months ago
      Actually, millions of people *can* be wrong. Just look at all the suckers who bought into the tech bubble, the housing bubble, and (currently) the US dollar bubble.
    • Larry 4 months ago
      Well maybe but the average person did not make the decision to buy into either one of those bubbles. They were along for the ride and didn't know that there were manics driving the buses.
  • Masahiro  •  Los Angeles, California  •  4 months ago
    It is all a scam. Used to be you could count on dividends, but many don't pay for the risk in holding the stock. Insiders cheat, HFT cheat, Politicians cheat, CEO's cheat, they all cheat, it's all a SCAM..................................
  • A. Malthus  •  4 months ago
    How about that -- more and more people are figuring out what a scam mutual funds are. All part of the game that's rigged in favor of the big brokers, investment banks, etc. and rigged against people just trying to save for retirement.
  • JoeBagaDoughnuts  •  4 months ago
    Easy, every trade has to be placed by a human, then there is someone you can stick in jail for breaking the law. I'm dead against robots placing trades as this is a game of feer and greed and the robots have neither.
  • Yam  •  4 months ago
    SEC taking a long look.... Ha ha. That's all they have been doing for the last few decades. After all, they can't get back to cushy investment banking jobs if they do more than that and actually investigate and enforce the law.

    Try getting a job at SEC if you are a true crusader with actual relevant Wall Street revenue-side experience. See how far your application goes. I wonder how long before Google returns Southeastern Conference before this useless commission -- just another parking spot for wannabe and former Wall Street lawyers.
  • smart  •  4 months ago
    The biggest market manipulators are governments. The markets are fully regulated already, markets are electronic. Kill the Dodd/Frank bill now.
    • Allen 4 months ago
      I agree here. If governments would simply enforce the regulations, to a "T", then we can see what works and what does not. but with governments actively manipulating markets in order to save their own skins, reforms are not possible.

      for now, HFT should be BANNED!
  • patriot  •  Akron, Ohio  •  4 months ago
    Just try to close your account and have them send you your stock certificates. You know, the real property that you supposedly own when you buy a share of stock. Yea, the ones that you can put in your safe and will to your kids. FINRA says that they don't need to produce them if they choose not to. I know. It has happened to me. Not to mention, that the stocks that I did get certificates for, I was made by E Trade to pay $40 for each companys' stock to get the certificates, even though I owned the stock for over eight years. Talk about outright fraud!!!.
  • Alf  •  San Francisco, California  •  4 months ago
    Talk is cheap. The market is rigged and we know it.
  • cinna23  •  Elmhurst, Illinois  •  4 months ago
    Why am I not reassured by Larry 'Las Vegas' Leibowitz plying Mackie with drinks at Hooters?
  • Dave  •  4 months ago
    Leibowitz can't even slow down the FTD. NAKED SHORTING FRAUD Criminals on the NYSE. , Much less STOP THEM.
    SEC. , FINRA. , NYSE. do not want to stop the Criminals thefts.... THEY make too much money from pay-offs.!

    imo.

    Soul-Less Lowlife THIEVES.
    Leibowitz KNOWS it too .... he just gives lip service to any clean ups of WS. CRIMINALS.!
  • DNSM  •  Chicago, Illinois  •  4 months ago
    Why would HFT cause 8 straight months of withdrawals from Mutual Funds?

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