Will BrokerDealers Get Busted For Promoting Maker-Taker Rebate Schemes? Finra Joins Investigation of Payment-For-Order Flow

BrokerDealer.com blog reporting courtesy of this a.m. story from securities industry blog MarketsMuse

Bowing to increasing pressure from regulators, law makers and law enforcement officials, Finra, the securities industry “watchdog” has launched its own probe into how retail brokers route customer orders to exchanges, according to recent reporting by the Wall Street Journal’s Scott Patterson.  In particular, through the use of “sweep letters” targeting various broker-dealers, Finra is purportedly focused on whether rebates associated with schemes that brokers receive when directing their orders to specific venues is a violation of conflict of interest rules, given that customers presume they are receiving best price execution when in fact, they often do not.

MarketsMuse, the securities industry blog that has long reported about payment-for-order-flow and the unsavory practice in which customer orders are “sold” by custodians and prime brokers to “preferenced liquidity providers,” who then trade against those customers and profit from price aberrations between multiple exchange venues and dark pools, takes pride in pioneering the coverage of this topic.

Now that main stream media journalists are beginning to “get it”,  a growing number of those following this story hope that WSJ’s Patterson and other journalists will shine light on the even more unsavory practice in which these same brokers imposing egregious fees on customers who wish to “step out” aka “trade away” and direct their orders to agency-only execution firms, whose role as agent is to objectively canvass the assortment of marketplaces and market-makers in order to secure truly better price executions for their institutional and investment advisory clients.

In a further sign that the current market structure could be cracking, one that has morphed away from a model based on centralization and transparency to disjointed fragmentation [a shift that has ironically been continuously supported Finra-sponsored government lobbies on behalf of that "regulatory authority's" senior constituents], Jeffrey Sprecher, the CEO of IntercontinentalExchange and owner of the New York Stock Exchange  appeared before a U.S. Senate hearing yesterday and called for the end of the now scrutinized fee and rebate system known as “maker-taker.” In what would seem like a walk-back given the NYSE’s own rebate scheme for brokerdealers as a means to attract order flow to that venue, Sprecher stated “Maker-Taker adds to the complexity and the appearance of conflicts of interest.”

BrokerDealers To Trade For Free in IEX Stock Exchange Proposal: The Death of Dark Pools?

As reported by Bradley Hope in today’s WSJ, upstart equities trading venue IEX, the “dark-pool buster” profiled in the Michael Lewis book “Flash Boys,” announced today a new market structure scheme that would provide commission-free execution for orders submitted by brokerdealers.

According to the proposal, which is “expected to be submitted imminently” to the U.S. Securities and Exchange Commission in connection with IEX’s plan to move from its current status as an ECN (electronic communications network) and towards becoming a full-blown stock exchange, broker-dealer orders would receive priority in the IEX order book, meaning those orders would jump to the top of the order book if the price to buy or sell a stock was at least equal to the prevailing orders entered by non broker-dealers aka buy-side investors that include high-frequency trading firms, mutual fund firms and retail investors. In addition to brokerdealer orders being provided priority over other same-priced orders sent to the platform by non BD’s, broker-dealers would be able to execute commission-free.

In a move that is purposefully intended to disrupt the current market structure status quo and challenge the viability of loosely-regulated and so-called “dark pools,” in which pricing transparency is purposefully hidden so as to mitigate gaming of orders submitted by large institutions, IEX is embracing an approach that has become widely-embraced in Canada’s equity marketplace, whose primary equities trading is administered by TMX Group, that country’s largest stock-exchange provider. Noted TMX Group CEO Thomas Kloet, “The virtue of having more bids and asks consolidated in a few order books, rather than scattered across dozens of venues [such as what takes place in US markets) makes markets more transparent and provides for greater price efficiency.”

The IEX proposal comes close on the heels of recent events in which dark-pool operators have been accused by regulators and law enforcement agencies of various charges, including accusations filed against Barclays PLC by New York State Attorney General which alleges Barclay’s misleads its clients about the way its dark pool favors high-tech “high frequency traders.” Barclay’s system “Barclays LX” was the industry’s largest dark pool used by a broad universe of investors and competing banks, until those charges were filed last month. Since that time, Barclay’s has supposedly experienced a large exodus of clients using their platform, presumably because of concerns they too will be on the receiving end of New York AG subpoenas.

 

 

 

BrokerDealer Goldman Sachs ($GS) Accused of Underwriting Boy’s Club Culture; Suit Stipulates Strip Club Mentality

Goldman Sachs Group Inc. (GS) , the global investment bank/broker-dealer was accused of widespread gender discrimination and promoting a “boy’s club” atmosphere that included bouts of binge drinking and trips to strip clubs, as two former female employees seek to expand their lawsuit against the firm with new evidence.

Photographer: Richard Perry/The New York Times via Redux. H. Cristina Chen-Oster, right, and Shana Orlich in New York City in this Sept. 15, 2010 file photo.

Photographer: Richard Perry/The New York Times via Redux. H. Cristina Chen-Oster, right, and Shana Orlich in New York City in this Sept. 15, 2010 file photo.

As reported by Bloomberg LP, “The women asked a federal judge in Manhattan today to let them sue on behalf of current and former female associates and vice presidents. Support for their claims includes statements of former Goldman Sachs employees, expert statistical analyses and evidence on earnings and promotions from the firm’s own records, they said in a court filing.”

In the suit, initially filed in 2010, the plaintiffs stipulate that female vice presidents of one of the world’s biggest banks earned 21 percent less than men and female associates made 8 percent less.  About 23 percent fewer female vice presidents were promoted to managing director of the New York-based bank relative to their male counterparts, they said.

Goldman Sachs has denied the women’s claims and is fighting the case.

Crowdfunding Requires New Type of Broker-Dealer Says Michigan

Thanks to JD Alois, an author at Crowdfund Insider, for providing valuable insights in to a new type of broker-dealer being defined by the State of Michigan. The goal behind this move is to introduce more opportunities for licensed professionals on Main Street, not just Wall Street.

Michigan has been one of the states at the forefront of allowing intrastate investment crowdfunding to occur as Title III retail crowdfunding remains in a regulatory holding pattern.  The state has found capable champions in the legislature and within the business community who are embracing crowdfunding as a part of their economic policy.  The Michigan crowdfunding exemption was signed into law by Governor Rick Snyder at the tail end of 2013.  The legislation was introduced by Representative Nancy Jenkins who envisioned investment crowdfunding as a much needed catalyst to aid in the economic recovery of a state that has gone through a difficult decade.

The Michigan Invests Locally Exemption or MILE experienced their very first crowdfunding success this past month as the Tecumseh Brewing Company raised $175,000 from area residents to help finance their young company.  The offer was listed on LocalStake – an investment portal – and the  goal was reached about halfway through the stated campaign period.  Both accredited and non-accredited investors came together to finance the business.  A total of 21 investors participated with the smallest amount invested being $250.

As part of their economic policy to boost the competitiveness of  their state and increase jobs a new bill creating a local stock exchange was discussed.  Representative Jenkins stated at the time; “..Local businesses—the very ones growing the Michigan economy—may not be up to the national stock exchange level, but they are in need of funding just like any business.”

The objective was to give citizens the opportunity to invest in Main Street – not just Wall Street.

Now advocates have taken a different tack.  While the original bill was designed to create a state stock exchange for these crowdfunded companies, advocates have chosen a different path to address the issue. A spokesperson for Jenkins stated; “..Through researching and talking with the SEC and various individuals, we discovered the simpler and more appropriate route was to create a new type of “intrastate broker-dealer” under Michigan law that would be titled “Michigan Investment Markets.” These MIM’s will connect buyers and seller of intrastate securities.”

 

Read full article here

BrokerDealer Credit Suisse Back in the IPO Business

Brokerdealer.com/blog news extract below courtesy of  June 10 WSJ and reporters Telis Demis and Evelyn Rusi

The chinos are gone. So is the sprawling Silicon Valley hub.

facing eastBut more than a decade after its fall from the peak of the dot-com-banking business, Credit Suisse Group AG CSGN.VX -0.33% is at the helm of some of the sector’s biggest deals.

The bank is one of the lead managers of the expected $20 billion-plus initial public offering for Alibaba Group Holding Ltd., the Chinese online shopping and e-commerce giant.

Credit Suisse also helped lead IPOs for Weibo Corp. WB +1.39% , which operates a Twitter TWTR +2.61% -like service, and online cosmetics retailer Jumei International Holding Ltd. JMEI +0.82% , earlier this year.

Credit Suisse’s climb back in tech banking began with a Starbucks SBUX -0.77% -fueled brainstorming session in 2010 between Jim Amine, the firm’s global head of investment banking, and David Wah, global head of technology banking Continue reading