A History of Flash Trading as it pertains to Sirius XM (NASDAQ: SIRI) and Other Notably Manipulated Equities

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For much of Wall Street’s history, stock trading was pretty straightforward. Sellers and purchasers would meet on exchange floors and bargain until they struck a deal. However in 1998 things changed, and rather quickly as the S.E.C. authorized electronic exchanges to compete with marketplaces like the New York Stock Exchange. The intended outcome was to open markets to anyone with a desktop computer looking to invest cash and be in control of their own destiny to a degree.

However as new marketplaces continue to emerge such as the Edge exchange which recently got approval in March, the home desktop PC has been unable to keep pace with Wall Street’s computers and technology. Incredibly Powerful algorithms continuously execute millions of orders a second and can scan dozens of public and private markets continuously and simultaneously. These algorithms can spot trends in less than the blink of an eye; long before the average investor, quickly and deliberately changing orders and strategies within milliseconds for institutions and funds.

It is exactly for this reason that on Aug. 4 2009, Mary Schapiro said she asked the S.E.C. to devise an approach that could be quickly implemented to eliminate the inequity that results from flash orders.  Proposed rule changes would require approval from the S.E.C.’s commissioners after a review of public comment. But several investors who frequently engage in high frequency trading, almost too quickly made it known they did not expect the S.E.C.’s rules to greatly affect their profit. Their comments were pretty telling, as they made statements like “We move faster, smarter and understand risks better than other investors”, as well as this little tidbit “profits have always flowed to whoever dominates the marketplace, and we have a technological advantage that it costs millions to match.” Call me crazy, but that sounds an awful lot like we have the financial resources to cheat everyone and manipulate the trading to our unfair advantage; but you can decide for yourself.

Here is a basic understanding of how flash trading works. Flash trading involves the use of powerful high speed computers to gain a trading advantage measured in fractions of a second. The process unfolds when a firm that is seeking to buy or sell shares of stock posts the information only on a specific stock exchange before sending the trade information out the broader public markets and making it available to all potential investors. If a deal can be struck between recipients of the flash trade (the firm and the specific exchange), the result is a locked market with guaranteed pricing on the order. On some trades, it also results in better profits for the firms making the trades,  firms regularly get discounts/ rebates / lower transaction fees for flash trades when the deal is completed on the home exchange and doesn’t get posted on competing stock exchanges. The maximum time delay is 500 milliseconds before the trade must be executed, canceled or made available on rival exchanges. However the average time delay is just 30 milliseconds. Can you say warp speed?  To average retail investors, these times are so incredibly fast they are unimaginable and meaningless. To flash traders using high speed computers, 30 milliseconds is more than enough time to make a private market for securities and rack up serious profits without a violation of the Quote Rule, which requires broad and public availability and access to bids and offers. If you have been involved with Sirius XM common stock at all over the course of the last 3 years or more, I am sure a light is going on in your head right about now.

Flash trading began more than a decade ago when the Chicago Board Options Exchange (CBOE) began using it according to their reasoning as a way to improve the speed of trade execution. In 2006 Direct Edge began to employ the practice of flash trading on its trading platform, thus the beginning of broader deployment. Direct Edge expeditiously captured increased market share from rivals as their share of matched trades soared from 1% of the industry’s volume to 12%. They quickly became one of the top three largest stock trading platforms in the country based on the volume of trades they handled. The success Direct Edge had spurred other firms to adopt flash trading in order to stay competitive.

Spurred by their success, Direct Edge put forth an application to become an official stock exchange. The approval was granted to them earlier this year as mentioned earlier in the article. Seeing increased competition, NYSE Euronext and market making firm GETCO voiced their opposition loudly and publicly about flash trading. They sent their complaints to the Securities and Exchange Commission (SEC) and were joined by New York Senator Charles Schumer who also wrote to the SEC. The response was SEC Chair Mary Schapiro ready to ban the practice.  The increased spotlight and regulatory scrutiny convinced several firms, including Nasdaq OMX Group and Bats Global Markets, to ban their brokers from engaging in flash trading. Unfortunately the reality of the situation is that competition and rivalry among Wall Street firms is the only reason that flash trading is getting any attention at the government level at all.

Nasdaq and Bats finally relented and introduced flash trading themselves. For BATS, offering flash orders, which it calls BOLT orders, was also a business decision. “We’re going down the path we are because the SEC has said it’s legal,” said Joe Ratterman, CEO of BATS. “If they authorize other firms to employ similar programs, BATS doesn’t want to be left at a disadvantage based on market structures other venues may use.”  A pretty telling comment, basically, if you can’t beat the cheats join them.  To that end, I really have a hard time understanding why the SEC has seemingly appeared to drag their feet with this issue. To me, it all seems to be the same story, money talks; we need only look back to the OJ Simpson trial for the proof of that. It always has and it always will, just with different technology. That being said, it is best to know your enemy and his tendencies before going to battle, and a well informed investor in Sirius XM or any other company is by far better off, than an uninformed one.

Disclosure: Currently hold a long position in Sirius XM

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About Andrew Montero