Man Accused of Spoofing Some of the World's Biggest Futures Exchanges
bloomberg.com
bloomberg.com
On one hand, this sort of trading probably exacts some amount of reputational toll on said exchanges, at least to the extent that the practice becomes publicly known. On the other hand, it definitely provides them with material gains, as the fees they charge are typically on a per-share basis.
It's also important to note: (1) the higher fines could be easily supported by the individual without him leaving the top tax bracket, and (2) the activities are illegal even if you don't make money off of them, so limiting it to a multiple of earnings is a bad/wrong framing.
Depends on the probability of getting caught... remember that these traders are likely to be very experienced at assessing risk vs reward.
I think trading in derivatives as a whole is too cheap: reading the article it seems trading against yourself is cheap enough to use it to manipulate others. Taxing derivative trading (I say casino tax but any small percentage would work) would stop all this nonsense trading instantly, only leaving trading that is actually valuable to someone.
Make the fine 1.5X the profits, and watch the problem dry up in a flash.
A few years back, I read a story about a doctor who ran a scam that would assure the sex of your unborn child for $3000. Now, his treatment literally did nothing and he knew this. Half his patients didn't get the gender they paid for. He'd bring the distraught parents in, immediately hand over a full refund, talk about how the procedure was only 99.95% effective, then offer the parents another $1500 back as sign of his sincere regret.
Basic algebra shows that, despite doing nothing, he could expect to make $750 per patient, despite doing nothing, because the half of the children who had the sex desired by their parents more than paid for the half that didn't.
As you said, these people are masters of economics. If there is less than a 66% chance of being caught, a 1.5x fine means that there's still money to be made.
The key is to fine them for every patient, not just the patients that complain, because every patient is being defrauded, not just the ones who complain. Then 1.5x will actually be meaningful.
It'll also encourage the beancounters in bigger organizations to just make people do the right thing. Once the fine becomes big enough no amount of "it'll be OK, we won't get caught" goes out the window.
Or is it that there's just too much legitimate orders meeting this criteria? If so are there no other material criteria to discriminate on?
Edit: It seems there are already limits in place both for absolute frequency as well as trade/order ratios.
http://www.sec.gov/marketstructure/datavis/ma_exchange_cance...
Some exchanges have a far higher ratio. Instead of ~10 (90%) it's ~150 (99.3%). But there's probably a good reason for this.
Edit: There's probably a good reason they are regulated this way. Most things probably make sense at some level in trading, as there's too many smart people with money for it to be otherwise, right? (Though I still don't get why anyone would ever use a market order.)
Whether spoofing should be against the law I don't have much of an opinion on, but determining demand is a central component to price discovery, which is something we very much want the markets to be able to do appropriately, so if we allow blatant spoofing we need some other mechanism to account for that.
I'd think that de-anonymizing the orders would go a long way to making the spoofing problem go away. But that would be just one other way for large interests to have an advantage over smaller ones, as they would be the only ones able to account for "reputation" when determining their pricing.
"He isn't trying to push the price with his big orders so much as get a certain type of participant to join his level whose behavior he can exploit. He's exploiting two things about market-makers. 1. They look at book imbalance to decide where to bid and offer. By balancing out the book or skewing it one way, he incites them to join and can sweep them. 2. Once they trade contracts on one side of the market, their risk management logic creates price impact or is predictable."
http://www.bloombergview.com/articles/2015-10-21/regulators-...
It is ethically questionable, but shouldn't be illegal. You shouldn't be managing money if your strategy is to follow bigger fish.
I agree that fines won't work because it's just another variable influencing the value of the spoofing strategy and if you get extreme about it you're punishing legitimate parties.
Maybe the real problem is the culture of finance. I'm sure this guy isn't all too embarrassed about what happened and there are plenty of people who would love to hire him
[1]http://www.bloomberg.com/bw/magazine/content/11_17/b42250609...