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Graham and Dodd Investor on SEC Uptick Rule. Great For Wall Street But Bad For Traders If we have such an uptick rule, it should apply...
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appledeadmoney on I love SYNA Synaptics at this price Don't be in a rush to buy this stock. It is not...
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SEC Uptick Rule. Great For Wall Street But Bad For Traders
On Aug 17, 2009 the SEC released on their website that they were looking for comments on a proposal to reinstate an “uptick rule” for the non “insiders”.
Basically a license to print money for Goldman Sachs and other market makers. While there has been a lot of talk about the “evils” of short sellers (I am not talking about naked shorting which is another subject ) there is NO talk of stopping short selling, only talk of changing the playing field so that retail and smaller traders will have to wait in line AFTER the big players on Wall St. get to do what they want first.
This is perhaps the most important point of this debate is that all of the proposals including the one the SEC has pushed into the front is a ban ONLY on YOU. Not the market makers, specialists, or option market makers.
So the whole idea that this is a ban on short selling is ludicrous at best and will most surely hurt (retail) day traders both long and shorts in favor of market makers.
With this so called “ban” in place the next time you want to short a stock you WILL get in line after the market makers get their fill first.
You don’t short stocks and only trade to the long side? Well sorry but don’t expect much of a change one way or the other. You should have no opinion that this ban will aid your trading in any way. If you do you have most likely based it on zero public evidence (I would welcome someone to show some evidence that a ban would be good for anyone OTHER than market makers)
Some say that Bear Sterns and Lehman Brothers went down due to “bear raids” but I would argue that they went down because they went broke (and I lost money with being long LEH so I remember that one well but I sure as hell don’t blame shorts for either my loss or that LEH went BK)
I think its a very scary thing to turn the clock back and allow for more manipulation by the big money on Wall St and suggest that we let the SEC know that we want to keep the playing field as level as we been able to so far get it. Don’t turn yourself into a second class citizen with stocks. Ask the futures traders if having shorts is a bad thing. After all every single futures contract has a long and a short.
In its current form its not IF there are exceptions its right there in the proposal.
sec.gov/rules/proposed/2009/34-60509.pdf
I would point everyone to read Section B page 9 where the exceptions begin (I actually suggest people read the whole thing so you can be informed directly)
“In the Proposal, the proposed modified uptick rule and the proposed uptick rule included types of short sales that would not be subject to the requirements of the proposed rules.28 For example, the proposed modified uptick rule would require that a trading center’s policies and procedures be reasonably designed to permit the execution or display of a short sale order marked “short exempt” without regard to whether the order would otherwise be impermissible.29 The proposed uptick rule included a number of exceptions to its price test restrictions on short sales that, for the most part, paralleled the provisions in the proposed modified uptick rule relating to short sale orders that could be marked “short exempt.””
Here is some of the excptions on page 9 and 10.
Whether requiring a policies and procedures approach, or a prohibition approach, the alternative uptick rule could also include “short exempt” provisions or exceptions for: (i) a seller’s delay in delivery as set forth in Section III.A.2.b of the Proposal;32 (ii) odd lots,
Page 10
as set forth in Section III.A.2.c. of the Proposal;33 (iii) domestic arbitrage, as set forth in Section
III.A.2.d. of the Proposal;34 (iv) international arbitrage, as set forth in Section III.A.2.e. of the Proposal;35 (v) over-allotments and lay-off sales, as set forth in Section III.A.2.f. of the Proposal;36 (vi) transactions on a VWAP basis, as set forth in Section III. A.2.h. of the Proposal;37 and (vii) riskless principal transactions as set forth in Section III.A.2.g. of the Proposal.38
The last line of in Section B page 10 sums it up pretty well that this restriction is to be placed on YOU and ME and NOT on Wall street market makers, Specialists, Option market makers and basically in a nutshell the Wall st insiders. Every one else can take a second class seat and wait in line
“We ask for comment on the scope of any such exception and the conditions that should be imposed to ensure that it is used only for bona fide market making.” (SEC words not mine as can be seen on the SEC website)
From my view I see this as Wall St paying off politicians(primarily congressional) and they are not paying back by putting pressure on the SEC to allow them to step in front of the “outsiders”. Its no secret that the SEC is under pressure to “do something” and proposal everyone wins. The MMs get to make more money, the politicians get more political contributions, the SEC gets to crack down on what “everyone knows” causes the market to go down and the average trader, well I guess they get screwed as potential profits that they could be making are now reserved for a select group.
On a different note I almost never short on what would not be an uptick as I fade price when shorting. So some could argue that I would not be harmed much (if at all ) by this proposal with the way that I currently trade. Why why do I care?? Because tomorrow I may find a profitable setup that does include it. Because tomorrow I may want to BUY a stock and be able to buy it at the true lowest price possible to lower my risk.
Why anyone would voluntarily allow their trading to be viewed as second class is beyond me. I find it insulting when someone proposes that the market is served by “bona fide market making” when a MM shorts a stock at will and the average trader can not.
There will be winners and losers with this and I think we can mostly agree on how we are going to fair against Goldman Sachs and the other big MMs when they get to stand first in line every time.
Disclosure: No position in GS or any related stock to the article
Why I Am Shorting the Treasury 30 Year Bonds Via the Treasury Futures
$38,000. For a fortunate few, $38,000 might be a bill for a weekend in some exotic place that includes the finest of food, drinks, and accommodations. For others, $38,000 might be the price of the car that they are going to buy, either through financing or a single stroke of the pen. $38,000 may be a down payment for a home or used to purchase of some critical business equipment. For the vast majority, $38,000 either implies wealth or a significant investment. In other words, $38,000 is a lot of money.
Regardless of who you are in America, we all have one thing in common with this $38,000 sum. If you were to average out the debt of the United States of America to the roughly 300-310 million citizens, it would come to be about $38,000, very likely even MORE per person by the time you read this (as the debt is actually growing much faster than the population). In fact, the debt of the US is growing faster than $3 billion per DAY and doesn’t take time off for weekends and holidays.
In the US, our population, GDP, disposable income, and overall wealth continue to be overshadowed by our debt and the amount of money we spend on debt servicing (interest payments) continues to rise, as well. The reason for this is pretty simple. As a nation, we are spending more than we bring in. The reason for this is also simple and is nothing new; history is repeating itself once more. Some will call it the ‘tragedy of the commons,’ others will call it ‘politics in DC’ or ‘Untended Consequences.’ Still others will call it ‘Socialism’ but the end result is the same: massive destruction of wealth, freedom and liberty along with a double scoop of government bureaucracy along the way.
In my opinion, the US will not stop spending relative to the tax receipts under the current system which has both an income tax and universal suffrage. When you create a republic form of government and add universal suffrage, you exponentially increase the number of voters that have self interests not in line with the interests of the nation as a whole. An extreme example would be someone who is capable of working but chooses not to because they can make do with government programs. This includes welfare moms, seniors, and the disabled who know they will receive fewer benefits if they earn too much(for example by working or any wealth building activity). Some are outright “scamming” the system and others are following the rules as they are made, but all are doing what is in their own best self interest. Whatever they are getting of value has no direct cost to the recipient. That in itself creates inefficiency as well as waste as well as administrative costs by the government.
Of course in some cases, self interest can benefit the nation. When an inventor creates a new technology, they may become rich, but if the benefits of the product are widespread and aligned with the general interests of the country, wonderful things can and will happen. People buying and selling a given commodity on an open market is another great example. The average person will be able to get the best price they can (either as a short or long) compared to a government preset price. As such, the system clearly has the potential to become efficient, but for the system as a whole, it is an issue of balance. If you offer people payments for not working (unemployment insurance) you will actually RAISE the number of people that are unemployed as some people will decide that it is in their best interest to not work and just collect a ‘free’ check. So having unemployment insurance distorts the market and causes the price of labor expenses to go up as some of the supply gets taken out of the market.
The above the examples show what is actually happening with the Federal Government: we are repeating history, setting the stage for the next tragedy of the commons. Once a government program gets put into place, no matter how unnecessary, there will always be blocks of voters that benefit from the program. This is how temporary laws become permanent and very hard to break. Take, for example, rent control in New York City, which started out as a temporary measure over 60 years ago during World War II. The only reason it doesn’t go away is that there are city council people that have blocks of voters that keep them in office regardless of the fact that it is detrimental to the overall city/state/area economy. The same can be said about Washington DC. Politicians have learned that having various government programs that benefit a clearly identifiable group is a sure way to maintain and grow their own interests, power, and status. Since costs are not directly paid for by the politician, their district, or the state getting the benefit, the politicians are not motivated to end programs even when they are driving up debt, requiring the US to borrow from countries that do not share our interests. One cannot expect the politicians as a group to act in ways that are not in their own self interest even if it goes against the overall interests of the nation. Special interest groups have no qualms about steering politicians in this same way, because their costs are not proportional to the benefits they will receive.
None of this will change, unless change is forced upon us in such a way that we have no other options. Why would those in Washington upset their ability to gather power and status? Many would blame Obama, saying that he is sending us down the wrong path. I would not point my finger at the current administration because I would be so busy pointing my finger at so many members of congress first that I would be worn out before I had the chance to get to the White House (not that they are innocent by any means). Congress is also made up of representatives voted in by anyone over 18, thanks to Universal Suffrage, many of which could not even name the person currently representing them, much less what they stand for. Many voters do not possess the ability to balance a simple checkbook, but they certainly know what is in their own self interest based on what they are told they will get if they vote a certain way. There are also voters that do have a fundamental understanding of economics that will still vote in their own self interest, even if it goes against the overall good of the nation. Unfortunately, it is only a minority of voters that understand the issues and the economic ramifications of what goes on in Washington. Often, the biggest impact they make is when they go against what appears to be their own personal interests. Some seniors, for example, are willing to go against a raise in social security or Medicare spending. This actually IS in their own self interest, too, as they are trying to ensure that their children are not forced to pay more than the economic value of social security.
The overall imbalance of self interest and national interest has brought us to where we are today. Elected officials are less focused on lower spending and more focused on how to bring in special interest voters with expensive health care, military spending, and entitlement programs. This raises the cost of health care (if you believe in current economic theory you cannot increase demand without increasing the cost), military costs (future budgets are usually based on past expenditures resulting in a spend spend spend attitude of military brass), and entitlement programs that guarantee very LARGE blocks of interested voters (when was the last time you heard a politician talk about lowering the social security benefits as a way to cut the federal budget?). Even though many believe it is in the best interest of the country to change social security you will not hear it from any statistically significant number of elected officials because its not in their self interest.
So while we find ourselves with over $38,000 in debt per man, woman, and child in the US, it seems we are moving no closer to resolving this debt. The US budget deficit went over $1.2 trillion for the current fiscal year and we have two more months to go. We have also found that the FED has been buying Treasuries in order to keep the interest rates down. The FED hasn’t been buying a little either. The FED program of buying debt is scheduled to be in the ballpark of $300 billion. Without the FED buying, it is hard to imagine how the interest rates would be as low as they are. It has been reported by Bloomberg that the FED has spent over $250 of the $300 billion so far and that they expect to have spent the entire $300 billion by October 2009. After October, if the FED does not continue to buy and the Treasury continues to issue notes/bonds at a rate that requires higher rates of interest than the current amount with the FED buying, the rates will go higher. Of course the FED could decide to raise the amount of buying and go beyond the $300 billion to continue holding rates down but how long can this go on? Even if the FED does continue to buy past October, we are still faced with the fact that it’s all relative to the amount of debt the Treasury wants to issue and the amount of debt that the market wants to buy, bringing the real question to center stage.
Will the proportion of buyers of US debt to the amount of debt that congress allows us to accrue remain the same or higher (causing rates to go down) so that interest rates will remain the same? It is my belief that the answer to this question is NO. Given enough time, that rates will go up due to one of two reasons: 1. Either the economy will improve and capital will flow to other investments, causing the Treasury to offer higher rates to fulfill the spending wants of congress, and 2. The number of buyers of Treasury debt will go down and rates will go up due to the perceived risk of inflation of the US dollar.
We have already seen what happens when the Chinese don’t come to the table and take a full helping of Treasury debt: the rates go up. We also are seeing some jawboning by the Japanese that they have a ‘full faith’ in the US debt, which of course is in their own self interest as they own over $600 billion in current value of our debt. I think its safe to say that the Japanese would rather not see this debt’s worth reduced to $400 billion overnight. On the other hand, some may think the Chinese would never do anything to upset the apple cart as they own over $700 billion of US debt. This type of thinking is overly simplistic – it goes against their self interest. If we take a stroll back in history we can see that the Chinese not very long ago not only dominated Asia but also believed (rightly or wrongly) that they were the center of the world in economic and military power. While the Chinese may have hit a speed bump during the 20th century (especially during Mao’s power) they are clearly back on track to take what they believe if their rightful place in the world. If this means they have to take a ‘hit’ with some Treasury notes it will NOT be looked as a loss of investment but rather a COST to take their place as the number one power. Those that think the Chinese will not at some point dump the Treasury notes when it will hurt the US the most are missing an important point. We also cannot overlook the Japanese, who will likely one day become sellers of US debt to fund their retirement as their population ages. The Japanese were once the number one buyers of US debt, so when they become net sellers, the upward pressure on rates will be unbearably high.
Do I think that rates will go up next week? No. Far be it from me to guess and it is useless to try to time it with the thinking of both the buyers and the sellers of the Treasury notes. I do believe that the rates will go up, however, given how low they are now (historically), our never ending appetite for spending, and the potential for major buyers to step away. Because of all this, I have begun to short the 30 year Treasury bonds via the Treasury futures / futures options and plan to increase my short position during strength in the futures. I plan on doing this by primarily selling out of the money calls on the futures to take advantage of time premium and to lower my overall risk as the market bounces around.
Disclosure: I am short 30 Year Treasury Futures / Options
BATS Aims to Mirror Equities Success with Options
Less than two years after becoming an equities exchange BATS that has taken the market by storm they have their sites on doing some of the same magic with option trading. I for one think this is about as good of a thing that could happen to the options market (well maybe not for the good ol boy club of CBOE and its members ) but for the rest of us that have had to play second fiddle to the market makers its great news. I can’t wait for the retail trader to be able to play the role of market maker and watch the volume and universe of options explode like equities did once the playing field was leveled. BATS intends to use a maker-taker pricing so that those adding the liquidity are rewarded with some of the fees. nothing in my opinion could be better for the options market as long as retail traders are able to bid and ask at the same time. The dinosaur of a rule that keeps the pockets of market makers full by avoiding the competition of others needs to go in a truly free marketplace. BATS coming along to shake things up will be a very good and a big step in the right direction.
BATS has appeared to me that they know how to become very aggressive in their pricing and very quickly became super competitive with other ECNs and now exchanges. They are not based in NY City like so many others. If you want to send mail to them you will be sending it to Kansas. Just one of many things that they have done to be able to have a lower cost of doing business. If you ever take a look at the current price of a stock on Yahoo you will see that you can actually see FREE real time pricing thanks to BATS which in over 20 years of trading stocks I have not seen anyone else do.
BATS to me is what makes the free market so great. Companies are forced to keep their focus on providing the best service at the best price or someone else will come along and do it. the NYSE and to a lessor extent NASDAQ (and very soon the CBOE) can learn a lot from this new exchange
Good luck BATS !!
Disclosure : no posistions
I love SYNA Synaptics at this price
Synaptics (SYNA) went on big time sale Friday.
Wow, SYNA was just hammered Friday in ways that you don't often see in a stock. The only stock that I know of that had what I consider to be bigger action was HURN and HURN is restating earnings and booted some of the top brass (without pay packages).
What did SYNA do that was so bad as to cause the stock to fall more than 30% in one single day?? Did they miss earnings? (no beat earnings) Did revenue fall (nope) How about some accounting problems (nope), ok I know what it must be. Perhaps they are having trouble getting financing to keep cash flow from drying up? Not at all, they actually retired much of their debt in the last year and have plenty of cash (interest earned relatively went down with interest rates but went UP as a result of more cash on the books).
The crime that SYNA did was they guided lower than expected in terms of revenue. They also committed what the market on Friday called a felony by stating that earnings may be flat due to headwinds in the overall economy. This is a company that is adding staff to grow the R&D and is still able to say that earnings will not be going down.
These are crimes that I feel the jury of the marketplace will soon forgive. SYNA is a company that has growing sales and a non sky high PE that is not only very reasonable to me but cheap for a growing tech company in great financial shape.
The CEO is stepping down as was announced during the conference call and while that never gives me a warm feeling inside its an insider that is taking the helm and appears that it should be a smooth and planned change in leadership.
SYNA generates a lot of income from the touch screens that are on mobile devises including phones and that is what I consider a very good market to be in right now. SYNA makes touch screens for laptop computers as well but at this very moment in time is not the main driver of profits. I for one happen to think that touch screens for laptops is going to continue to become more and more prevalent as prices come down and awareness of the usefulness of them becomes more common.
Those that follow me know me as a “short” and its well earned. I short more than 95% of my trades and when SYNA first went on my radar thats what I had in mind to do here. As I started looking at it more and more I realized that for me it would be too risky to short this stock. The selling on Friday appeared to me to be more panic and less about the value of the company being less. Basically in a nutshell this stock was on sale because people where selling for the reason that they were scared that the price would keep going down. This of course turns into a snowball effect and can get crazy at times as it did with SYNA on Friday.
While it doesn’t “feel” natural to go against the crowd that's were the biggest gains can be had. The “trick” is to be selective and not be in a hurry to get in as the market can go much further and stay there for longer than most people understand. I feel that SYNA did go much further than is warranted and that value investors will start to see a bargain here.
The other part of SYNA and its a very important part in getting me to invest in it is that the short interest on this stock is nothing less than HUGE. With over 40% short interest by the latest numbers this stock is already shorted heavily by my standards. When stocks have this large of a short interest they have the ability to shoot off like bottle rockets when buying does come in. As value investors pick up shares on the cheap sending prices higher the shorts start to cover knowing that the first ones to do so are the ones that get to buy back to cover cheap. This buying causes the prices to move higher which brings in the short term trend followers (traders) which causes more shorts to cover. Rinse and repeat this process and a stock that is down 30% one day can move higher 20% the very next day as well as move higher over time beyond the price of the day before the fall.
I of course do not predict the future just the odds. I feel that the odds are that unless something negative happens going forward that the price of SYNA is currently on sale and that this sale will be ending soon.
Disclosure LONG SYNA
The House Approves Borrowing More Money for Cash For Clunkers
Look, I understand some in DC would say don’t worry about taking away all the cheap affordable cars off the market for people who may not be able to afford a more expensive car. After all we will give the poor people money and handouts and they will be fine.
I for one am not fine with this and not only is it a total waste of money but its filled with unintended consequences like distorting the used car market. How many jobs (think mechanics, used car lots, auto parts shops and salvage yards) will be LOST as a result of this giveaway. A a very minimum lost wages and lower income for people that service used cars will happen. While no numbers yet exist and maybe hard to calculate I have to wonder what the net result is for AMERICAN jobs/income. After all some of the cars being bought are foreign made cars and most of the jobs/income being lost are American jobs.
As I understand it many of the new ‘purchases’ would have happened anyway with our without the government handout(Duh).
Whats gonna be the next great idea? How about we start burning down houses that were built before 1975 with less than 10 inches of insulation if you buy a new energy star house. That would give firefighters plenty to practice on (first controlling the burning and then putting the fires out in a controlled method) as well as take a lot of houses out of the marketplace that dont have as high of conservation levels.
You could give the new home buyer a $25K credit and that would make buying a new home more afforable. That would put a lot of people to work building new homes and get rid of a lot of excess homes on the market.
You just need to ignore the facts that it would raise the deficit (wont it be great to tell the children how their future was mortgaged away so we could destroy cars and homes) and lower the total assets that America owns but lets not get facts in the way of change.
The real scarry thing as I write this is wondering how many people will read the home burning concept and actually think it might be a solution to the housing problem......
DC should rename itself to UC (Unintended Consequences)
Want to see what they are doing with the cars to make sure no one drives a “Clunker” again. take a look at the youtube video. If your a taxpayer and this doesn't make you mad than I don’t think your paying attention.
www.youtube.com/watch?...
Disclosure : no posistions in autos or related stocks
Going long Intel (INTC) via selling INTC Puts
I started selling some Intel Aug puts today.
More »I am just starting to move into INTC by selling the AUG 14 puts starting at a price of .37 each and with 5 contracts. I normally start very small with my swing trading when its to the long side as world events can hand you a very crushing blow from time to time.