Exchanges

Finnerty Is Free!

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]

morganstanleymath.gif
So a few years ago, a Morgan Stanley trader placed a $10.5 billion order for shares to cover a short position. The problem is that he was only trying to buy $10.5 million of the stock. You can only imagine what this did to the markets. But, believe it or not, this kind of “rounding error” only costs you $300,000 if you are an investment bank.
Reuters explains how the mistake happened.

According to the NYSE’s February report on disciplinary actions, a customer contacted Morgan Stanley on Sept. 1, 2004, to unwind part of a swap.
A Morgan Stanley affiliate was the counterparty to the swap, and had hedged its exposure by maintaining a short position in shares underlying the trade. As a portion of the swap was unwound, a Morgan Stanley trader tried to buy a basket of stocks to cover some of the firm’s short position.
At about 9:32 a.m. ET that day, the trader entered an agency order on behalf of the firm to buy 100,000 units of the basket to cover a portion of the short position, the NYSE said.
But the system used to create the basket built in a multiplier of 1,000, so the trader erroneously created a basket with a value of $10.8 billion instead of $10.8 million.

A few of our usual questions: anyone know who this unnamed “trader” is? Where is he working these days? (Presumably not Morgan Stanley.)
NYSE fines Morgan Stanley for trade error that disrupted market [Reuters via CNNMoney.com]

  • 03 Jan 2007 at 11:05 AM
  • Banks

John Thain: Assassin?

thainoustscorzine.jpgThe 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.

Thain had been a Corzine protégé throughout much of his career. It was Corzine who’d overrode objections to make Thain CFO in 1994. And it was Corzine who’d landed Thain a spot in the firm’s leadership. “[Corzine] was one of his sponsors to move him up to the executive committee,” recalls Zuckerberg. The two men became close. Thain would accompany Corzine on ski trips to Colorado. He and his wife, Carmen, would periodically meet Corzine and his then-wife, Joanne, for dinner in Manhattan.
Then, just like that, the old rapport vanished. By mid-1998, Thain had taken to bad-mouthing his old mentor to colleagues. “His line was that Corzine wanted to go public to entrench himself,” recalls one. That fall, Thain, Thornton, and Paulson appeared to reach an understanding: Paulson would make the case against Corzine and the other two would support him for the CEO job. Soon Paulson was ranting about Corzine as though he’d been a lifelong enemy—and in ways that sounded remarkably similar to Thain’s complaints. Goldman’s 85 Broad Street headquarters had become the backdrop for a high-stakes game of Survivor.
The turning point came when Zuckerberg retired in late November 1998. This left Corzine in the minority on the executive committee, and somewhat inexplicably, he neglected to appoint a replacement. “I told Jon, ‘Put someone else on the executive committee immediately,’ ” says one former ally. “He said he could handle it. I said I didn’t think he was right.” After a few more weeks of squabbling, the troika of Thain, Thornton, and Paulson went to Corzine with a fait accompli: Paulson would replace him as CEO, and Thain and Thornton would become co-COOs. On January 11, 1999, Goldman partners received an e-mail from Paulson and Corzine: “Jon [Corzine] has decided to relinquish the CEO title, while continuing as a Senior Partner and co-Chairman of the firm,” it read. Corzine was reportedly so humiliated that during his final weeks at the firm, he would work from a limousine parked outside the Goldman offices rather than risk contact with the traitors inside.

The Brain in Thain [New York Magazine]

Holiday Parties

party_crasher-22245.jpegJust 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.
We won’t be able to get to all the parties, but we want information about all of them. The where, the who, the what and the when. We want to share this information with you. But you know how this works. It takes two to tango, and whole room to throw a ball. So email what you know to tips@dealbreaker.com. Soon we’ll publish our list. (Which will also be useful to plot your own crashing strategies.) Thanks!

Chicago Is Gold

cbotfacade.jpgApparently, 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.
From Peter Brimelow’s MarketWatch column:

Friday, in fact, will be a historic day: It will be the first occasion on which the Chicago Board of Trade gold contract is open when the Comex division of Nymex is closed. The CBOT contract became a serious competitor to New York’s within the last year.
The Chicago contract outflanked New York by going electronic. In commodities courses at Stanford Business School a million years ago I was taught an entrenched futures markets could not be displaced.
They reckoned without the computer.
This means that Friday could actually be an interesting day for gold in America. If speculators wish, they can make a statement.

Friday will be historic day for gold [MarketWatch]

Spitzer Likes It Slow and Painful

There’s a kind of unreality to all this, since former NYSE boss Dick Grasso is appealing the ruling ordering him to pay back millions to the NYSE. But we cannot help but imagine that the lawyers from the attorney general’s office were smiling as they told Grasso that he could take his sweet time selling everything he owns to pay the bill.

New York Attorney General Eliot Spitzer is willing to give Dick Grasso plenty of time to sell assets to come up with the cash to pay back the disputed multimillion-dollar paycheck that got him ousted from the helm of the New York Stock Exchange.
But Spitzer doesn’t want to wait to firm up what the total payout will be, Avi Schick, a deputy for the attorney general, said at a hearing in state court in Manhattan yesterday.
Schick said he understands it may take a while for Grasso to sell assets, which include several homes and more than a dozen cars, to help round up the $112 million the attorney general tallied the former Big Board head must return to the exchange.


No Rush
{New York Post]

Not even sure if this counts as a slap on the wrist. It’s more like a little kiss on the palm.

The New York Stock Exchange on Wednesday said it fined Morgan Stanley (MS.N: Quote, Profile, Research) $500,000 and censured the firm for failing to report short interest positions in hundreds of securities for as long as 20 years.
Morgan Stanley failed to report to the NYSE positions in preferred securities and affiliates’ equity securities for an unknown but “significant” number of years, and other equity securities since 2004, the regulator said.
The firm also failed to report similar positions to the American Stock Exchange, and since 1986 failed to report some positions in equity securities to the NASD, the NYSE said.
In addition, Morgan Stanley failed to adequately supervise its process for reporting short positions, the NYSE said.

NYSE fines Morgan Stanley $500,000 [Reuters]