The controversial conviction of NYSE specialist David Finnerty was thrown out by a federal judge this morning. Finnerty was convicted back in October after a surprisingly brief jury deliberation that led some to wonder whether the verdict would stand up on appeal. Now we know it didn’t.
U.S. District Judge Denny Chin in New York today set aside the jury’s guilty verdict. Jurors in Manhattan federal court found that Finnerty, who worked at Fleet Specialist Inc., illegally inserted his firm as a middleman in trades that should have been made directly between two customers.
The ruling is the latest blow to prosecutors in what was the biggest crackdown on illegal trading at the Big Board. Of 15 specialists charged with fraud by the U.S. in April 2005, three, including Finnerty, were convicted at trial, and two pleaded guilty. Two other specialists were acquitted, and prosecutors dismissed charges against seven others. One remains a fugitive.
Chin said prosecutors failed to present enough evidence to show that investors were defrauded. “What did customers expect when presenting an order to specialists?” Chin said in a 37-page ruling. “What did customers `trust’ the specialists to do? None of these questions were answered by the evidence.”
Former NYSE Specialist Finnerty’s Conviction Reversed [Bloomberg]


The New York Magazine article on New York Stock Exchange CEO John Thain mostly concentrates its energy on the growth of hybrid trading the the expected extinction of specialists and floor traders. Yawn. But it does contain a few gems, including a lede that fantasizes a world in which all the poor and unstylish people have somehow been eliminated and a description of Thain’s role (alleged role? supposed role? suspected role? widely rumored and almost certainly true role) in the ouster of Jon Corzine at Goldman Sachs.
Just a quick reminder that we’re compiling a list of holiday parties. Now, part of the reason we want to do this is that we’d like to crash the parties and report back to you. You know you’re wondering what’s going on at everyone else’s holiday parties. Which analysts were the drunkest? Who had the most impressive location? Who had the most booze? Which banks support staff sported the sluttiest outfits? And DealBreaker wants to let you know.
Apparently, it’s never happened before. CBOT’s gold contract is up and running while Comex is closed. We’re still trying to figure out if this will mean anything for the price of gold contracts today but we can’t get that “Mr. Hot Stock Tip Giver-Out” song out of our head to think long enough clearly.