Saturday 2 May 2015

A Very US Political Persecution.



Baltic Dry Index. 591 -04       Brent Crude 66.46

LIR Gold Target in 2019: $30,000.  Revised due to QE programs.

Every truth has two sides; it is as well to look at both, before we commit ourselves to either.

Aesop.

Who says we don’t have don’t have political prisoners in the UK. Thanks to a one sided extradition treaty with America, pushed through by the on the make, New Labour Blair, Britain’s worst Prime Minister since Lord North lost the American colonies, we now have political prisoners held at America and Wall Street’s whim. Just why any judge in Britain, or any civilised nation, would even contemplate extraditing anyone to a country that engages in waterboarding and torture, extra judicial execution by drone, even of its own citizens, and where by all reports  the police seem to be at war with the populace, is beyond me, but thanks to the wretched fawning Blair, UK Justices now just roll over, in dumbed down formerly free great Britain.

Below, the latest UK political prisoner held for a political decision made in Washington. Does anyone seriously expect a fair trial in America in this case?

What’s Really Behind the Flash Crash Trader Prosecution?

The Justice Department’s case against the 36 year old lone bedroom trader in the U.K., Navinder Singh Sarao, has now been thoroughly discredited by every Wall Street veteran who has studied it, most pointing out that what Sarao did is happening every second that Wall Street is open for business. Business writers at the New York Times, Financial Times, Newsweek, and Bloomberg View have given the charges an unequivocal thumbs down.

The Justice Department’s complaint itself is unusual. It consists of a one page complaint cover sheet followed not by a detailed breakdown of the counts but by an affidavit from an FBI agent. The case is filed in the Federal District Court in the Northern District of Illinois but no U.S. Attorney or Assistant U.S. Attorney from that district has signed this complaint. The names listed at the top of the first page, more as a reference since they have not signed any part of this complaint, are Department of Justice Fraud Section Assistant Chief Brent S. Wible and Fraud Section Trial Attorney Michael T. O’Neill. Both show phone numbers with the 202 area code, meaning this case came out of the Washington, D.C. office of the Justice Department, not the Northern District of Illinois where the futures market that Sarao is charged with manipulating is located.

The case is based largely on analysis from an unnamed “consulting group” and a “professor and academic researcher who studies and has written extensively on financial markets and algorithmic trading.” Given the public drubbing of this case, that professor is now likely climbing deeper into his hole of anonymity.

Add all of the above to the fact that the case is coming out of the blue, five long years after the Flash Crash of May 6, 2010, and after regulators had already fingered mutual fund company Waddell & Reed as the key culprit in their lengthy report of 2010, and you are left with the highly intriguing question as to what the real motivation is for the Justice Department to go out on such a precarious limb with this case.

Four schools of thought come readily to mind. First is that the Justice Department wants to frighten off the tens of thousands of solo day traders who are jazzing up pre-packaged software and periodically beating the Wall Street big boys at their own game of spoofing and layering. Next is that Sarao may be some kind of genius trader or software developer and Wall Street wants him extradited to deploy his talents on this side of the pond. Third, there may be more to the FBI’s case than we know: for example, why was a mega global bank like Credit Suisse financing Sarao’s trading. Was there more to this relationship than is presently known? And, finally, elements of all three of the above scenarios may be in play. We’ll look at each of the first three elements separately.
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At the Comex silver depositories Friday final figures were: Registered 62.17 Moz, Eligible 112.51 Moz, Total 174.68 Moz.  

Crooks and Scoundrels Corner

The bent, the seriously bent, and the totally doubled over.

Today, the US Government, Department of Injustice. Arbitrary and capricious selective prosecution. Political prosecution. Goliath crushing David for the benefit of Wall Street’s Ebenezer Squids.

We hang the petty thieves and appoint the great ones to public office.
Aesop.

The Flash Crash Trader Has Strong Defense Witnesses

By Pam Martens and Russ Martens: April 29, 2015
Prosecutors from the U.S. Justice Department have already lost their case in the court of public opinion against Navinder Singh Sarao, the man they allege fuelled the Flash Crash in the stock market on May 6, 2010, trading from his bedroom in his parents’ house in the U.K.

Yesterday, Terry Duffy, Executive Chairman of the CME Group and the man who sits atop the futures market in Chicago where the Justice Department alleges Sarao tricked the market into a collapse, threw cold water on hopes of building this case before a jury. Duffy told Maria Bartiromo the following in an interview on Fox Business News:

“They took Accenture to a penny [Accenture is a stock that trades in New York, not in the futures markets in Chicago]; noone’s talking about Accenture going to a penny that day…But yet they’re blaming the futures market and the futures market is the only one that gave the data to all the regulators the day of the event. We looked through all this data and it was talked about by the regulators and us that the futures market did not cause this. I testified in Washington, showed how we went down, stopped, with our functionality replenished liquidity and the market kept on trading. They tried to blame Waddell Reed for it now they’re going to blame Mr. Sarao for it…”

Sarao is charged by the Justice Department with inflicting carnage through the use of the E-mini, a futures contract based on the Standard and Poor’s 500 index. Chicago is one-hour behind New York. The crux of the Justice Department’s Flash Crash case against Sarao is this: “Between 12:33 p.m. and 1:45 p.m., Sarao placed 135 sell orders consisting of either 188 or 289 lots, for a total of 32,046 contracts. Sarao canceled 132 of these orders before they could be executed.”

Duffy is going to make an excellent witness for the defense. Two weeks after the Flash Crash, Duffy testified before the U.S. Senate that “Total volume in the June E-mini S&P futures on May 6th was 5.7 million contracts, with approximately 1.6 million or 28 per cent transacted during the period from 1 p.m. to 2 p.m. Central Time.” That means that between 2 p.m. and 3 p.m. New York time, 1.6 million E-mini contracts traded. Sarao’s contracts during that period represented a mere 2 percent of E-mini trades and the majority of his trades were cancelled.

Gary Gensler, the former Chairman of the Commodity Futures Trading Commission is going to make another outstanding witness for the defense. Gensler told a House Subcommittee the day after the Flash Crash that one trader “entered the market at around 2:32 and finished trading by around 2:51.  The trader had a short futures position that represented on average nine percent of the volume traded during that period.  The trader sold on the way down and continued to do so even as the price level recovered.  This trader and others have executed hedging strategies of similar size previously.”

This trader is clearly not Sarao as he was not in the market at 2:51 p.m. and did not represent 9 percent of the volume.

Another great witness for the defense will be Rajiv Sethi, Economics Professor at Barnard College who has penned an OpEd for the New York Times pouring more cold water on the Justice Department’s case. Sethi writes:

“Prosecutors also say that he [Sarao] manipulated prices on the Chicago Mercantile Exchange for years by ‘spoofing,’ or placing orders that he intended to cancel before they were filled. In fact, this is a common activity in equities markets today. The prosecution of Mr. Sarao is arbitrary, and his contribution to the flash crash was negligible.”

Spoofing is so common on Wall Street that the law firm Robbins Geller Rudman & Dowd LLP – a firm staffed with former prosecutors from the U.S. Justice Department – filed a class action lawsuit on April 18, 2014 against the major Wall Street firms and the stock exchanges for routinely tolerating the abuse along with a myriad of other high frequency trading frauds on the market. (That case has since been consolidated with others, leaving just the stock exchanges and Barclays as defendants.)

The original complaint on behalf of the City of Providence, Rhode Island alleged that “For at least the last five years, the Defendants routinely engaged in at least the following manipulative, self-dealing and deceptive conduct.” The complaint then specifically mentions “spoofing” and “layering,” the same techniques Sarao is charged with using by the Justice Department.

The Robbins Geller lawsuit charges that the high frequency traders (HFTs) use spoofing to “send out orders with corresponding cancellations, often at the opening or closing of the stock market, in order to manipulate the market price of a security and/or induce a particular market reaction.” The lawsuit claims layering is used to “send out waves of false orders intended to give the impression that the market for shares of a particular security at that moment is deep in order to take advantage of the market’s reaction to the layering of orders.”

The complaint goes on to say that “In 1999, there were 1,000 quotes per second, streaming from U.S. stock exchanges and approximately two billion shares traded each day.  Today, there are two million quotes per second, but the market trades just over five billion shares per day, which is just over twice the volume of stock traded, but 2,000 times more quotes.  These quotes are essentially HFTs at war with each other, to the detriment of the investing public.”

Another key witness for Sarao will be former SEC Chair, Mary Schapiro. Speaking before the Economic Club of New York on September 7, 2010, just four months after the Flash Crash, Schapiro explained just how common this quote stuffing had become. Schapiro told the crowd:

“These high frequency trading firms can generate more than a million trades in a single day and now represent more than 50 per cent of equity market volume. And many firms will generate 90 or more orders for each executed trade. Stated another way: a firm that trades one million times per day may submit 90 million or more orders that are cancelled.”

Another serious problem for the government’s case against Sarao is what was happening at the stock exchanges in New York at the worst levels of the downdraft. As we previously reported:
“According to reports of time and sales, around 2:45 p.m. when the massive market disruption got underway, Procter & Gamble traded at $59.66.  It had opened the day at $61.91.  About a minute later, it was trading at $57.36, then $53.51, then it hit a liquidity air pocket and plunged to print a trade at $39.37.  This created panic in the market.  If one of the most conservative stocks can hit a 36 percent downdraft, some traders thought a major news event was happening outside.  Liquidity hit a wall.   In an eight minute span, the Dow lost $700 billion and saw a cumulative decline of 998.5 points or 9.2 percent before turning on a dime and moving in the opposite direction. It closed the day down 3.2 percent.

“Aggravating the liquidity crunch on May 6 was the fact that the New York Stock Exchange, where Procter & Gamble is listed, paused trading momentarily to let humans on the floor of the exchange attempt to [Get up. Ed.] find buying support. That pause sent trades off to the world of electronic exchanges which now make up the bulk of all trading in the U.S.  The New York Stock Exchange has only a 25 percent market share in its own listed stocks.  The cowboys of capitalism command the rest.

“To underscore how dramatic and unprecedented the trading in Procter & Gamble was on May 6, I reflected back to the day I sat behind a Wall Street terminal and watched the market lose 22.6 percent in one day.  That day was October 19, 1987.  That was more than twice the percentage drop at the worst market point on May 6.  And yet, Procter & Gamble lost only 28 percent at its worst point in 1987 versus 36 percent on May 6 when the overall market was down less than 10 percent.

“When a bear raid knocks out these stop loss speed bumps on Dow components like Procter & Gamble and 3M (it lost 21 percent at its worst point), the New York Stock Exchange pauses trading momentarily and trades are left to the feckless electronic exchanges, proprietary trading desks of the bailout boys (big Wall Street firms) and high frequency traders.  This is like hitting an air pocket at 30,000 feet, then opening the cockpit door to find out no one is inside and the plane is on autopilot as the plane goes into a nose dive.”

Right now, this case looks next to impossible to win before a jury. Tomorrow we’ll take a deeper look into what may be motivating the Justice Department and Commodity Futures Trading Commission to bring this case five years after the Flash Crash happened.

He that always gives way to others will end in having no principles of his own.

Aesop.


How to read charts generated by the Nanex QTSequencer


During our initial investigation of the Flash Crash of May 6'th, 2010, we came across what appeared to be very unusual bursts of quote traffic. On close examination these bursts appeared to have patterns contained in the data. However, because many of the patterns occurred within one second (or even milliseconds), the question arose of how to visualize them. One of the many tools we developed included the Quote-Trade sequencer, an application that charts every quote and trade sequentially with no data loss or compression.

As we continue to use the sequencer on a daily basis to look for strange market phenomena, we have refined the software regularly with new features and more data. Because these charts are not typical, this guide should serve as a reference on how to read them.
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The monthly Coppock Indicators finished April

DJIA: +112 Down. NASDAQ: +198 Down. SP500: +150 Down.  

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