By Pam Martens: April 1, 2014
Two of the chief culprits of aiding and abetting high frequency
traders, the New York Stock Exchange and the Nasdaq stock exchange,
failed to come under scrutiny in the much heralded 60 Minutes broadcast on how the stock market is rigged.
This past Sunday night, 60 Minutes’ Steve Kroft sat down
with noted author Michael Lewis to discuss his upcoming book, “Flash
Boys,” and its titillating revelations about how high frequency traders
are fleecing the little guy.
Kroft says to Lewis: “What’s the headline here?” Lewis responds:
“Stock market’s rigged. The United States stock market, the most iconic
market in global capitalism is rigged.”
Kroft then asks Lewis to state just who it is that’s rigging the
market. (This is where you need to pay close attention.) Lewis responds
that it’s a “combination of these stock exchanges, the big Wall Street
banks and high-frequency traders.” We never hear a word more about “the
big Wall Street banks” and no hint anywhere in the program that the New
York Stock Exchange and Nasdaq are involved.
60 Minutes pulls a very subtle bait and switch that most
likely went unnoticed by the majority of viewers. In something akin to
its own “Flash Boys” maneuver, it flashes a photo of the floor of the
New York Stock Exchange as Kroft says to the public that: “Michael Lewis
is not talking about the stock market that you see on television every
day. That ceased to be the center of U.S. financial activity years ago,
and exists today mostly as a photo op.”
That statement stands in stark contrast to the harsh reality that the
New York Stock Exchange is one of the key facilitators of high
frequency trading and making big bucks at it.
In this Google cache of a promotional piece
aimed at high frequency traders, the New York Stock Exchange explains
how it is offering a “fully managed co-location space next to NYSE
Euronext’s US trading engines in the new state-of-the-art data center.”
Who is it for? The NYSE says it is for “High frequency and proprietary
trading ?rms, hedge funds and others who need high-speed market access
for a competitive edge.” More eye-popping details on how the New York
Stock Exchange is arming high frequency traders in Mahwah, New Jersey
against the little folks who can’t afford tens of thousands of dollars a
year for a “competitive edge” are provided on its web site here.
(The closer a high frequency trader’s computers are located to the New
York Stock Exchange’s main computers, the faster their trades are
executed.)
The Securities and Exchange Commission knows full well this is going on. Just this past December 24, the SEC filed this rule change in the Federal Register,
announcing that the New York Stock Exchange was changing its pricing
for some of its co-location services and computer cabinets for outside
users. Like some kind of a half-off sale at Macy’s, the NYSE says it
will offer: “a one-time Cabinet Upgrade fee of $9,200 when a User
requests additional power allocation for its dedicated cabinet such that
the Exchange must upgrade the dedicated cabinet’s capacity. A Cabinet
Upgrade would be required when power allocation demands exceed 11 kWs.
However, in order to incentivize Users to upgrade their dedicated
cabinets, the Exchange proposes that the Cabinet Upgrade fee would be
$4,600 for a User that submits a written order for a Cabinet Upgrade by
January 31, 2014…”
The Federal Register notice also shines light on some pricing
comparisons between what the NYSE is offering high frequency traders
versus the Nasdaq stock market, writing: “The Exchange also believes
that the Cabinet Upgrade fee is reasonable because it would function
similar to the NASDAQ charges for comparable services. In particular,
NASDAQ charges a premium initial installation fee of $7,000 for a ‘Super
High Density Cabinet’ (between 10 kWs and 17.3 kWs) compared to $3,500
for other types of cabinets with less power.The Exchange charges only
one flat rate for its initial cabinet fees ($5,000), regardless of the
amount of power allocation.”
Congress is equally aware of what is going on. As far back as October
28, 2009, the U.S. Senate Banking committee took testimony from Larry
Leibowitz, head of technology at the NYSE on the fact that it was
offering co-location to outside trading firms. Neither the Flash Crash
of 2010 or confidence-busting trading “glitches” since then have roused Congress and the SEC from their slumber.
Another opportunity emerges in the 60 Minutes broadcast for
Kroft to call out the New York Stock Exchange or Nasdaq for their
practices. As Kroft explains how this young former trader from the Royal
Bank of Canada, Brad Katsuyama, figured out how high frequency traders
were gaming the market and made appointments with institutional
investors to share his insights, Kroft says “and some of the most famous
names in the American stock market heard the pitch.” At this exact
moment a photo of the exterior of the New York Stock Exchange flashes
across the screen, giving the impression that the NYSE is some poor,
naïve victim of a cartel of high frequency traders.
What is also preposterous about this 60 Minutes segment is
that it deals exclusively with gaming the system through miles of fiber
optic cable. That is so yesterday, according to the Futures Industry
magazine. On January 24 of last year, the publication wrote that “High
frequency traders can use wireless to connect to data sources or
exchanges about 1.5 times faster than through fiber optics, enabling
them to quote prices at tighter bid-ask spreads than rivals or execute
trades more quickly than other firms. Such are the potential competitive
advantages, however, that many projects are pursued behind a veil of
silence.”
The article noted that San Diego-based NexxCom Wireless was building a
millimeter wave network between New York, London and Frankfurt and
considering connections to Zurich and Milan with the potential to add
Stockholm and Moscow.
Within less than 24 hours of the big splash made by the 60 Minutes
broadcast, the Wall Street Journal reported that the FBI was all over
the problem and had been for a year. The question, of course, is – will
anyone ever acknowledge the key role being played by the New York Stock
Exchange and Nasdaq.
Related Article:
60 Minutes Takes a Pass On Wall Street’s Secret Spy Center
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