August 1, 2012

Bending Like Beck

Do you hate day traders?

Reading the 30-page Waiver and Consent letter from Peter Beck, who once ran now-defunct day-trading firm Swift Trade, it seems FINRA must.

Maybe you do too. But there’s a lesson in the story here, IR folks.

If you missed it, Beck’s woes got page-one billing from the keyboard of Scott Patterson at the Wall Street Journal yesterday. Beck ran a loose global day-trading federation last decade that at peak hosted some 4,000 traders outside the United States funneling orders through Beck’s execution broker Biremis Securities in Toronto.

The allegations are a compendium on failed oversight. We counted 35 instances of the words “appropriate,” “proper,” “improper” and “improperly” in the document signed by Beck and his legal counsel. It effectively bans Beck from US securities markets (although Beck operated outside the US so the ban seems hollow).

Behind bolded subheadings, the letter says primarily that Beck failed to supervise staff, didn’t keep good records and didn’t comply with standards. What gets attention in the Wall Street Journal is a practice called “layering,” in which traders place a bunch of orders at various price points, say, to buy shares in one place, and then simultaneously enter opposing orders elsewhere, and then cancel most orders as soon as other participants react. The aim is a quick profit at minimal risk.

But layering is a matter of interpretation. Everybody layers. Markets makers using algorithms to work orders for real investors engage in forms of layering. Otherwise, your most basic high-frequency-trading algorithm would immediately identify the order and front-run it. Frankly, layering is necessary to comply with the SEC’s Best Bid or Offer rules when breaking up large orders.

So really, what FINRA (and the SEC) contend is that it’s not what you do, but how. If you do it like Morgan Stanley, you’re cool as layer cake. If you bend it like Beck, you’re out.

By the way, Beck’s firms are long gone. Looking back at data for large Nasdaq-traded clients, order flow through Biremis peaked in 2007 and by late 2008 had disappeared. Behaviorally, volumes back then at Ameritrade, Citadel, Assent, Genesis, even National Financial Services, looked much like Biremis’s.

Beck was in fact mimicking big broker-dealers: Consolidating disparate orders into a liquidity stream for generating rebate payments from exchanges.

We’re not justifying Beck’s bent ways. We’re concerned that market regulation is focused on compliance instead of how markets work. Miscreants could be gaming markets so long as they file the proper forms.

After all, most questionable trade-execution methods could hardly exist if regulators didn’t mandate price spreads and the electronic interlinking of every market. As it is, it’s nearly impossible to distinguish the good from the evil lurking in well-followed rules.

We’d be safer scrapping the entire National Market System and starting over.

Share this article:
Facebook
Twitter
LinkedIn

Get the Latest News Deliverd to your Inbox

More posts

dreamstime m 378759981
October 28, 2026

Voters next week will drop ballots on inflation, not realizing what causes it. Before I get to that, this news: ModernIR is launching a new...

dreamstime m 461199839
October 21, 2026

What if you had a genie in a bottle? Some $25 trillion of assets do. It’s Blackrock’s Aladdin risk management system. It was nearly $22...

dreamstime m 32582428
October 14, 2026

I admit I laughed.  At what?  JPM reported results (along with WFC, JNJ and others) yesterday in the 6a ET hour (when there are no...

dreamstime m 42576539
October 7, 2026

The Pinta landed in the bay of Baiona alongside the castle of Monterreal on Mar 1, 1493. Those of you who learned that Christopher Columbus...

dreamstime m 102328582 (1)
September 30, 2026

EDITORIAL NOTE: If you’re reading this edition of the blog and it feels, as Yogi Berra would say, like deja vu all over again, it’s...

dreamstime m 60636703
September 23, 2026

EDITORIAL NOTE: Queridos leitores! Portuguese is a hard language (well, not if you’re Portuguese). So dear readers, this is a Best of the ModernIR blog...