Saturday, April 12, 2014

Belated telling of Truth and double Standard

There was a time when Arthur Levitt was the Chairman of the Securities and Exchange Commission (SEC) which is a public sector job, and something happened. He is now employed in the private sector, and something is happening which, to some degree, mirrors what happened when he was in government.

What happened then was that the financial markets were heating up, and money was made by virtually everyone, except that some were having much better luck than others. It turned out that the internet and the proliferation of personal computers were greatly aiding the rise of the markets and the luck of some individuals. Of those who made serious money was a computer savvy kid in his late teens or early twenties. He was a good kid in that he did well in school, and he spent a great deal of the money he made on his parents; showering them with such gifts as a brand new Mercedes and other valuables.

But the kid got into trouble with the law because he was caught doing something worse than unethical; he was doing something that was downright illegal. At least this was the opinion of Arthur Levitt, Chairman of the SEC who spoke about the subject publicly, expressing – in the strongest possible terms – his total and absolute indignation at the crimes committed by that awfully bad kid. And he recommended that the book of law be thrown at him with no mercy shown or a hint of it.

Well, that's not what most people thought needed to be done because the kid did nothing that wasn't being done by everyone else at the time, and continued to be done even after him. What the kid was doing, in fact, was buy a stock cheaply when it was down. He then got on the internet and promoted the stock, saying glowing things about it using the jargon of the trade – a ruse perhaps – that made him sound like the expert who knows what he is talking about – which he may well have been, at least when compared to those who got paid for giving advice worse than his. When the stock went up as a result of his promotion of it, the kid sold and made a big profit. After that, he picked other stocks, and repeated the performance again and again.

That was then. What is happening at this time is that the markets are heating up again, and people who are called high frequency traders are making big profits using methods which are, to say the least, not kosher. And Arthur Levitt – who is now in the private sector – has written about the subject in an article that came under the title: “We're All High-Frequency Traders Now” and the subtitle: “Faster buying and selling is being blamed unfairly for some problems caused by the fragmentation of markets.” In fact, Levitt teamed up with someone else, Burton G. Malkiel, to co-author the article that was published in the Wall Street Journal on April 11, 2014.

To a reader that did not live through the earlier episode in the life of Arthur Levitt, and having missed his reaction to the success of that kid, the article sounds like a run-of-the-mill piece. But to those of us who remember how the Chairman of the SEC reacted then, the article sounds like something written by an apologist for the modern criminals whose serial armed robberies make the kid of yesteryear look no worse than a baby caught with the hand in the cookie jar. Yes, the angry tiger of an earlier era has transformed into the purring pussycat of today. What happened?

Let's look at the article. The first thing you encounter is a title which conveys the notion that if high frequency trading (HFT) is cheating, we're all doing it. With this, the two authors neutralize the whole issue and take the sting out of the debate. The second thing you encounter is a subtitle that discusses a fictitious problem to hide the existence of a real problem. Thus, the authors speak of “fragmentation of the markets” as being the cause of problems which they say are unfairly blamed on the speed of buying and selling. This is all hogwash because that's not the core of the problem, and this is not the complaint.

Still, Malkiel and Levitt set out to frame the debate in those fictitious terms while cautioning: “There are calls to regulate the practice … Before taking such a step, let's consider what high-frequency trading is.” They go on to tell the history of trading, and how the speed by which a trade is executed has continued to increase from the days in 1792 when the orders were shouted from office buildings to traders on Wall Street – to the current method by which trading is automatically executed by high speed computers.

But here is the catch. They manage to bury in that short passage, a contradiction that is as big as the galaxy we inhabit. It begins with this: “High-frequency trading involves the placement of high speed computers in close proximity to stock-market servers to give some participants the ability to buy and sell stocks faster than the blink of an eye.” Did you catch it? Most likely not, because it did indeed happen faster than the blink of an eye. Read that passage again and concentrate on those two words: “some participants.” And that is the problem. It is that all animals are equal but some – that is, SOME ... not all but SOME – are more equal than others. Where are you George Orwell?

How does that make a contradiction? It makes a contradiction because it clashes logically with this: “And whether you're buying 100 shares of a stock or 100,000 shares, you directly or indirectly participate. We're all high-frequency traders now.” No, we're not. This, my friend, is an intellectual fraud of monumental dimensions. The truth is that we all trade faster than the blink of an eye, but we're not all high-frequency traders. Those referred to as SOME are the ones who buy and sell, buy and sell, buy and sell frequently thus become high-frequency traders. High speed makes high frequency possible but the two are different things. The first is inevitable and benign; the second has one purpose only – to cheat.

What differentiates the high-frequency traders from the rest of us is not the speed of their trades – which is the same as ours – but the fact that they are given other advantages which are denied to the rest of us. And the authors of the article explain what these advantages are. Unable to contradict the critics who have been speaking out, they now admit: “as critics note, optimally positioned traders can see trade orders from other investors before they are executed … this is a form of insider trading called 'front-running' that should be illegal. In the same way, 'phantom orders' are those posted by high-frequency traders to tease out counter orders, but disappear.” Here is the crime: “optimally positioned traders.” It is a conspiracy worked up between those who are positioned and those who position them i.e. the stock brokers and the exchanges. All these people must go to jail, and they must make restitution.

If Arthur Levitt had shown the same indignation as when he spoke about that kid long ago, he would not be pleading for the maintenance of HFT today. He would have explained the situation as it exists, knowing that the speed of computers will not be diminished. He would have called for the outlawing of optimally positioning some traders, and would have left it at that because this act alone will solve the problem. In fact, without the ability to see trades coming from other investors and without placing phantom orders, those traders will not see the need to trade frequently. We will all be trading at high speed, doing it faster than the blink of an eye but none will trade more frequently than is needed to conduct normal business. Problem solved; case closed.

The unfortunate thing is that the angry tiger of yesterday has transformed into the purring pussycat of today. And so he went on to plead for the maintenance of high-frequency trading. Maybe he will want to reconsider his position.