Saturday, March 29, 2025

The Showman Who Heads New York Stock Exchange:The Story Behind Richard Grasso’s Sharp Edge and Sa

When reprimanding subordinates, Richard A. Grasso, the chairman of the New York Stock Exchange, has tried something a tad stronger than a stinging memo or a cutting e-mail, according to people familiar with the chairman of the New York Stock Exchange.

Grasso has dressed down staffers in front of colleagues, uttering sarcastic remarks that are let's say not pretty. The effect is generally stunning, the sources said.

Grasso uses sarcasm like a surgeon using a scalpel without anesthesia. "He's feared by the staff," said one source, who declined to be named.

"Dick is pretty vindictive if you cross him," added another source, who also requested anonymity.

Even so, a hard-nosed attitude may be what's needed to run an institution as large, influential and powerful and with its share of competitive and ego-driven personalities as the Big Board.

A hard-nosed attitude, to be sure, helped Grasso make it to the very top in a cut-throat business. "Dick Grasso is an unassuming-looking Italian without a college degree," said a market veteran and a personal Grasso admirer. "Yet he's also the first person in the history of the exchange to become chairman from the inside. So you've got to recognize that you're dealing with a person with some remarkable properties."

His was no silver-spoon childhood. Home was an apartment in a five-story walkup in a working-class section of Elmhurst, Queens. (Grasso sometimes begins speeches with a joke about the source of his family's wealth: "The oil, rubber and airline industries. My family ran an Exxon station near LaGuardia Airport.")

An early interest in stocks would eventually lead him into fancier neighborhoods. Learning the basics of investing from a pharmacist whom Grasso worked for part-time, he first took the plunge at age 13, plowing $1,000 he'd saved into shares of an airline company (which to this day he coyly refuses to identify).

The first step out of Elmhurst was a two-year stint in the U.S. Army in the mid-1960s, just as the Vietnam War was escalating. Then in April 1968, he took an entry-level job in the listings department at the NYSE.

He thought of it only as an interim gig until the job he was waiting for at a brokerage firm opened up. "I always actually wanted to trade," Grasso was quoted saying in a magazine interview last year.

But Grasso soon took to the exchange life. The most arcane details of the NYSE's operations fascinated him, and he soaked it up. He studied accounting part-time at Pace University in lower Manhattan while working at the Big Board. But he quit before graduating.

"He understood the workings of the exchange and its people," a veteran insider said. In addition to hands-on experience, Grasso had "a very firm grasp on the theory of the structure that the NYSE offers. He's no academic, but he could hold his own."

Undeniably, Grasso has great people skills. "His great asset is his ability to establish instant rapport with wide varieties of constituents," said Chris Keith, the former chief information officer at the Big Board, and now head of Global Trade, a financial software developer based in New York.

Five years after joining the exchange, Grasso was promoted to director of listings and marketing. From there his career moved inexorably upwards: to vice president of corporate services in 1977; to senior vice president of corporate services in 1981; to executive vice president of the marketing group in 1983; to executive vice president of the capital group in 1986; and finally to president and chief operating officer in 1988.

But it took more than a winning personality to move up the ladder. He was the consummate company man. According to one insider, Grasso was a master of "the artful resignation." He might let it out that he was going to accept a job offer from a specialist firm, but since the exchange didn't want to lose him, they'd promote him.

"Then two or three years later, he would do it again," the source said. "Every time he got another big appointment, it was like, Oh, he must have resigned again!'"

Since Grasso took over as chairman of the NYSE in June 1995, he's been at the top of his game with listings, trading volume and revenues soaring. Sure, a bull market has helped but so has Grasso's tendency to deal with every issue like Charles Barkley going after a rebound.

Probably the biggest battle he's facing now is beating a challenge from the Pacific Exchange (PCX) and Durango, Colo.-based OptiMark Technologies. If the PCX and OptiMark get what they want full access to the Intermarket Trading System (ITS) they could drain order flow away from the floor of the Big Board.

Order flow is a subject very close to Grasso's heart. High on his priority list back in June 1995 was the regaining of order flow in listed stocks that was being lost to the Cincinnati Stock Exchange (CSE), the PCX and the other regional stock exchanges.

In 1988, 86 percent of the transaction volume in listed stocks had been handled on the floor of the NYSE, a figure that dropped to 82 percent by 1992. Reversing the trend was tricky, because any change was going to make someone unhappy. The key was knowing how hard to push.

"The stock exchange is sort of like a labor union," Keith said. "You have to be able to deal with the rank and file and there are three ranks and files. There are the guys on the floor, the listed companies and the big firms. You have to keep the people on your team happy, and make them think you're their friend. Grasso does that manages those three interfaces better than anyone I've seen."

But Grasso wasn't afraid to play hardball. Some of Wall Street's biggest firms, like Goldman, Sachs & Co. and Morgan Stanley, were said to be reaping easy profits by diverting orders to the regionals. By flexing the NYSE's own rulemaking muscles as well as lobbying the Securities and Exchange Commission and jawboning people like Joseph Grano, president of New York-based PaineWebber and longtime friend of the NYSE chief Grasso managed to repatriate order flow for his specialists and floor traders without starting a civil war with the upstairs brokers.

The Big Board's share of trading volume in its stocks rose to 84 percent in 1997, thanks partly to the former Smith Barney's decision to close its desk on the CSE in 1996.

Then in April 1998, PaineWebber announced that it, too, was closing proprietary desks on several regional exchanges. Both firms steadfastly deny that pressure from the NYSE influenced their decisions. But to many market watchers, the entire process has been vintage Grasso.

Despite his growing visibility as the Big Board's bell-ringing cheerleader, Grasso still does his best work behind the scenes. Like the Wizard of Oz, he prefers to pull the levers that make things happen without letting the outside world see what he's doing or that he's even there.

Ironically, that may have contributed to the biggest setback in his career.

When John Phelan announced in 1990 that he would be stepping down as chairman of the NYSE, many insiders thought Grasso would take his place. Grasso had already been president for two years, he knew the exchange inside and out, and Phelan had been grooming him as his successor.

But the board of directors had other ideas.

"There seemed to be some reluctance in the beginning," recalled Paul Olsen, president of Olsen Securities, and a broker on the floor of the Big Board. "There was some difference of opinion, where someone wanted a nationally-known person."

That person turned out to be William Donaldson, co-founder of New York investment bank Donaldson, Lufkin & Jenrette, who would serve as chairman through May 1995. For once, Grasso's behind-the-scenes experience may have worked against him.

"Grasso was ready for prime time before he was actually drafted," said Steven Wunsch, president of the Arizona Stock Exchange, and a stock exchange history buff. "The assumption at the time Donaldson was chosen was that Grasso was too much of an insider, and he wouldn't be able to deal with the political and outside forces that the exchange has to deal with."

Donaldson was a much more traditional choice for chairman. He was well known. He mingled easily with power brokers and policy makers. He looked good on the cover of business magazines.

"The chairman of the NYSE was always an establishment kind of guy, someone who the issuers would feel was part of their group," Bernard L. Madoff, chairman of a New York-based third-market firm that bears his name, told another reporter recently. "Dick wasn't like that."

But Dick had always been a fighter, and he knew how to get up after a knockdown, shake it off, then make the other guy pay. Grasso was still president of the NYSE, and in public he remained diplomatic, a professional and a team player. His personal feelings can only be speculated upon, though few doubt that Grasso was incensed by the board's decision.

He also had no use for the new chairman. "Grasso wouldn't talk to Donaldson if he didn't have to," said an exchange insider who asked not to be named. There were also rumors that Grasso didn't mind upstaging his boss when the opportunity arose.

"For instance," the exchange insider said, "someone would ask a question at a board meeting to catch Donaldson flat-footed, something he couldn't answer. Then Grasso would come to the rescue."

Whether the rumors are true or not, they reflect the undisputed fact that Grasso has a combative nature, a razor-sharp mind and a long memory. And nowhere are those traits more clearly seen than in his never-ending battle for new listings.

The NYSE and Nasdaq both say foreign-company listings are the key to future success, and both have been campaigning far and wide to get them. But for Grasso, even the biggest trophies from overseas don't seem quite as sweet as the ones snatched from Nasdaq.

"It's not just competition," said one observer, about attitudes inside the NYSE toward Nasdaq. "It's hatred. Loathing."

One memory fueling that hostility dates back to 1992, the bicentennial of the NYSE's founding. It wasn't a great period for the NYSE losing marketshare and generally drifting under Donaldson. And it certainly wasn't for Grasso, Donaldson's restless number two.

Meanwhile, the upstart Nasdaq seemed to be having all the fun high-tech initial public offerings every week, money flowing in, volume going up, media attention, the works.

The bicentennial at least gave the NYSE something to celebrate and Nasdaq did its best to rain on the Big Board's parade, rolling out its slick advertising campaign with the famously in-your-face slogan, "The Stock Market for the Next Hundred Years."

That's the stuff of which vendettas are made and Grasso has the kind of memory where insults never die. So it should surprise no one that he trumpets every defection from Nasdaq with what might be called irrational exuberance.

"I have a deep desire to bring all the great technology companies that trade on Nasdaq here," Grasso said in an interview in the fall of 1995.

He set up an office in Menlo Park, Calif., from which to court Silicon Valley's hot properties. And Grasso has since gleefully welcomed a string of high-profile converts, including Bay Networks (whose biggest customer happens to be the NYSE), America Online, Iomega and Gateway 2000.

In the process, he's revealed a taste for showmanship that would make P.T. Barnum feel right at home.

Take the morning in May 1997 when Gateway began trading on the NYSE. Grasso savored his coup by welcoming the company mascot, Arianna a Holstein cow with the same black-and-white markings as Gateway's shipping cartons right there at the exchange. (Possibly, she had walked there from Nasdaq's headquarters in Washington.)

The hoopla isn't limited to technology companies. To hype Revlon's IPO in February 1996, Grasso toured the packed floor with supermodels Cindy Crawford and Claudia Schiffer, creating a brief but powerful distraction.

In October 1997, just before France Telecom's American Depository Receipts opened for trading, a line of whooping can-can dancers high-kicked their way past a phalanx of startled traders.

One day last February, the exchange building had a giant-red ribbon draped over it, and Grasso had people on the corner of Wall Street and Broad Street hand out announcement cards, pocket calendars and boxes of chocolates. It was all explained in the press-release headline: "American Greetings Wraps the NYSE as a Gift Celebration of Transfer From Nasdaq."

And this August, Grasso staged a $2 million beach party right outside the NYSE complete with a boardwalk on Broad Street, tons of real sand, play-it-yourself volleyball, and Kool and the Gang singing its disco hits from the 1970s. The celebration was for the Big Board's biggest new listing ever: German software giant SAP, with a market valuation of $70 billion. The connection to beach volleyball wasn't entirely clear to some members.

Some, in fact, are getting tired of the whole circus atmosphere.

"It's definitely wearing thin for the membership," one member said. "The mobs of people that come through the trading floor on the listings. They invite the whole company down. It's getting a little ridiculous."

Grasso was certainly having fun last December as he presided over a big bash celebrating the year's successes especially the newest defections from Nasdaq. The party included a film laced with glowing testimonials from corporate chiefs who described the NYSE's supposedly narrower spreads, its fine reputation, and all the other benefits that convinced them to make the leap from Nasdaq. (You could almost read Grasso's mind: "Stock market for the next hundred years, huh?")

And he continues to roll up the numbers. To date, some 200 companies have delisted from Nasdaq and begun to trade on the NYSE, along with about 50 from the American Stock Exchange.

Nevertheless, the Big Board has struck out so far with targets like Cisco Systems, Amgen and Dell Computer. Looming above them, of course, are the ultimate prizes, Nasdaq's twin towers Microsoft and Intel. Not since the Pinkertons rode off to chase Butch Cassidy and the Sundance Kid has anyone waged such a tireless crusade.

Grasso has lobbied them publicly and privately, year after year but his usual spiel about the NYSE's liquidity and prestige simply hasn't worked on two companies that have plenty of both.

Still, "never say never" is one of Grasso's favorite phrases. For years, Wall Street's ultimate status symbol has been a one-letter stock symbol on the Big Board. And Grasso has very publicly reserved the only two letters still available: "I" and "M" (for Nasdaq's Intel and Microsoft).

Dick Grasso may gloat over Nasdaq's woes, but he borrowed at least one page from their playbook when he powered the Big Board's new marketing and publicity campaigns. He saw what advertising had done for Nasdaq, and he knew that the Big Board's image complacent, arrogant, slow to change could use a serious makeover.

These days, his public-relations people are churning out press releases and arranging media events like a Hollywood movie studio. Grasso approved a $7 million advertising budget for 1996, and doubled it in 1997. His aim was to pitch the Big Board itself as a brand name, just like the blue-chip companies that list there.

"Every day we wage what we call a corn flakes war of brand preference' with Nasdaq," Grasso explained in an interview last year.

He also made real-time stock prices available to cable stations like CNBC and CNNfn, and encouraged broadcasters to use the NYSE as a sound stage. Now millions of viewers can watch the opening and closing bells every day, with numerous updates in between from floor reporters stationed in the midst of the roiling crowd.

All this breaking-news-style coverage may not have much effect on actual trading. But it does send out a dynamic image of the NYSE as the place to be the Big Show, the Vatican of Money. And that's the sort of intangible that makes it easier to persuade, say, Hasso Plattner to list SAP on the Big Board instead of that other market.

Grasso's embrace of the media might seem slightly ironic, in view of his reputation for secretiveness and for over controlling things.

"There's always been sort of a bunker mentality among NYSE executives," said one observer. "Outsiders are distrusted and the press is seen as the enemy."

Maybe that's why the Big Board's official biography of Grasso contains almost no personal information. Even his entry in "Who's Who" omits the most routine details when he was born, or whether he's married or has any children. Grasso evidently thinks "Who's Who" should be renamed "Who Wants to Know?"

In the close-knit world Grasso knows as an insider, however, it becomes hard to see things any other way. "He has a band of people to whom he is exceedingly loyal," said a person familiar with the matter. "But he demands exceeding loyalty in return. If you're on his team, he'll back you to the hilt but you don't do anything without his OK. And maybe that's necessary for something like the NYSE."

How will Grasso's loyalty to the floor traders and the specialist community affect his handling of the PCX and OptiMark challenge? Indeed, how will it affect all the other threats that loom every day?

At press time, the current standoff over the proposed PCX and OptiMark link to the ITS can't last much longer. The ITS is the backbone of the National Market System envisaged under the Securities Act Amendments of 1975. If the PCX and OptiMark have their way, some at the Big Board fear the lifeblood of the exchange could be drained. Simply put, institutional orders for listed business could bypass the Big Board.

The NYSE originally argued that the PCX and OptiMark plans violated core principles of the National Market System by attempting to use the ITS as an order-routing system to freely access the NYSE something the ITS operating plan did not allow.

But in July, the SEC, citing the value of competition, proposed amendments to the ITS operating plan that would allow the link to proceed on a preliminary basis. The Big Board has now called for a rule that would force OptiMark to look for a match on the PCX for 15 seconds before sending an order through the ITS.

"The only reason we can believe the NYSE wants to do that," an OptiMark spokesperson said, "is to turn it from an automated system into a manual system for a while."

The Big Board also wants a rule placing a five-percent cap on the amount of OptiMark's volume that can be executed via the ITS. For its part, the PCX thinks 20 percent would be fair.

Frustrated NYSE officials have asked the SEC to refrain from adopting any plan now, and instead to direct ITS participants to continue negotiating the terms of a linkage. They accuse the PCX and OptiMark of posturing, and dragging their feet on negotiations because the SEC seems ready to act on its own.

The stakes are enormous, and the threat isn't only from one direction. The National Association of Securities Dealers recently petitioned the SEC to give its members wider access to the ITS potentially widening the doorway for Nasdaq market makers that want to trade NYSE-listed stocks.

Since November 1997, it has been technically easier for Big Board-listed companies to delist to Nasdaq. And automated trading systems overseas are pushing floor-based exchanges into extinction.

Can Dick Grasso keep his exchange at the cutting edge? The NYSE is proposing to give institutions easier access to its electronic order book and to make it more transparent, and Grasso often mentions that the NYSE has spent more than $1 billion to upgrade its systems. But he also proclaims his commitment to the auction market.

"You never say never, but I've yet to see a technology replicate it," he has said of the Big Board's floor environment. "Our customers want a broker and not a mailbox."

Is Grasso in denial about electronic trading? It may not take long to find out.

"Grasso is a past master at running the exchange as it exists," Keith observed. "It's an open question whether he'll be a past master at changing and adapting. You have to be like a surfer ahead of the wave. And the question is, In the next two or three years, is the wave going to catch Grasso?'"

How he handles a surfboard is anyone's guess. How he handles problems may be more to the point and one market veteran offers a clue: "If you were going into an alley for a knife fight, you wouldn't want to go up against that guy."

The Second Time Around

John W. Keller is having more fun the second time around. Keller is head trader at Mellon Equity Associates in Pittsburgh. The firm is an asset-managing arm of Pittsburgh-based Mellon Bank. He joined Mellon Equity in 1994 to build its trading desk.

The task was old hat for Keller. Six years earlier, he had built the Richmond trading desk of the Virginia Retirement System (VRS).

"Mellon Equity was a great opportunity. It was bigger fish to fry," Keller said. "My experience at VRS was invaluable when I set out to build the desk here."

Before Keller arrived, Mellon Equity's trades for the institutional accounts of corporations, public funds, health plans and endowments were done by Mellon Bank's trust department. But in early 1994, with Mellon Equity growing in size, the firm decided to focus more on trading.

Today, Keller and two other traders handle the orders for Mellon Equity's eight major products. The firm has just under $22 billion in assets under management, with 80 percent invested in equities. The portfolios are handled quantitatively and monitored by seven managers. The firm is also a sub-advisor for Dreyfus Institutional Investors, a mutual-fund subsidiary of Mellon Bank.

"Mellon Equity offered a unique opportunity," Keller said "Because we're a quant shop, I was given the chance to implement cutting-edge technology on the desk."

Mellon Equity's portfolio managers work with a quantitative computer system that ranks more than 3,600 stocks. The system using complex mathematical models programmed as rules ranks stocks on a scale of one to ten, ten being the highest ranking. Looking at up to 15 factors per stock, it is computer-driven asset management.

The portfolio managers have a preset formula for each of the products. Based on its rankings, the system picks stocks to buy or sell when rebalancing the portfolios. The firm has a strict schedule for rebalancing to the preset formula. The portfolio managers meet with Keller weekly to readjust the products.

When he arrived in 1994, Keller wanted to create a desk to fit seamlessly into Mellon Equity's quantitative management.

Almost immediately, he implemented Predator order-management software from the Boston-based MacGregor Group to serve as the heart of the desk.

Up and running by the end of 1994, Predator is integrated with the firm's accounting and portfolio-management systems. It also routes orders directly to liquidity sources.

"It does all of our clerical work, and it has brought errors down to nil," Keller said.

Keller has a core of 20 brokers he maintains relationships with. But most of his order flow is handled electronically, by Reuters Holdings' Instinet or New York-based Investment Technology Group's POSIT, among others.

Strong performance in small-cap products earlier this year caused Mellon Equity to add more-specialized regional firms to its list of brokers.

"The 20 brokers allow us to be flexible and get best execution," Keller added. "We want relationships with forward-thinking people."

Keller credits much of the success in implementing new technology on the desk to Mellon Equity's portfolio managers.

"I get complete support from my portfolio managers. We have close relationships," Keller said. "It's less confrontational because the system helps to make a lot of decisions. There are no star managers. No prima donnas."

Having experience building a desk at VRS helped Keller at Mellon Equity.

"VRS was great fun. It was a progressive plan sponsor, and I worked with good people," he said. "I had freedom, and I was able to model the desk at VRS with full support of the firm. So when I came to Mellon Equity, I knew what I wanted to do."

Keller began his trading career on the sellside in 1982, as a clerk on the floor of the New York Stock Exchange, first for Louisville's J.J.B. Hilliard, W.L. Lyons, and then for New York-based CS First Boston.

In early 1987 just before the market crash that followed in October Keller moved upstairs to CS First Boston's block-trading desk. "It was a blessing to go upstairs before the crash," he recalled. "Things looked miserable on the floor that October. But it wasn't exactly easy upstairs either."

He traded on the block desk at CS First Boston for a year before moving to VRS and the buyside in 1988.

"I just followed my gut," Keller said. "I though the buyside would be best for me. I wasn't comfortable on the sales end of trading."

Keller and his family wife Kathy and their two children, six-year-old Erin and four-year-old Jack have fully settled in the Pittsburgh area, almost.

Keller wouldn't say he's totally settled.

"There is always something out there that could make the desk better," he said. "I'm never totally comfortable on the desk, no matter how up to date I am."

But this time around, it seems Keller's pretty close.

AT Deadline – SelectNet

The National Association of Securities Dealers is seeking full regulatory approval for a new NASD policy giving institutional customers of member firms direct access to Nasdaq's SelectNet. In a filing with the Securities and Exchange Commission, the NASD reiterated an earlier NASD interpretative staff letter supporting direct access for institutional accounts.

The NASD stated in the filing that advances in technology make it possible for firms to provide direct access to SelectNet, as well as the Small Order Execution System. Indeed, several members have recently approached the NASD about access.

Direct access on Nasdaq is comparable to the New York Stock Exchange's DOT system, which allows customers to send orders to the floor with minimal intervention from traders. The direct link to Nasdaq would give institutions even more access to Nasdaq than is currently available via electronic communications networks, experts say.

At Deadline – SOES

On August 31, the General Accounting Office (GAO) issued its report on the Small Order Execution System. Much of the contents of the independent federal agency's report were leaked ahead of publication. Nevertheless, the definitive piece does have some surprising things to say about SOES.

"SOES day traders' ability to access Nasdaq quotes, and trade faster through SOES than market makers and their customers could trade through other systems, has provided them an advantage that they have used to profit at the expense of market makers and their customers," the GAO report stated.

The report is generally supportive of SOES, noting that despite its "unintended consequences, SOES has benefited the market by providing efficient execution of securities transactions at the best bid-and-asked price, and [by] allowing investor orders to be executed without manual market-maker intervention."

AT Deadline – PCX Sale

The Pacific Exchange (PCX) is putting its equity business on the block with the help of New York-based investment bank Wasserstein Perella & Co. The spin-off follows the planned acquisition of the PCX by the Chicago Board Options Exchange (CBOE), which has given the PCX 12 months to complete the sale. The CBOE, for its part, is primarily interested in the PCX's options business.

If the sale proceeds, the combined exchanges would handle an estimated 65 percent of all U.S. securities-options trading, and 60 percent of trading in individual stock options, accounting for more than one-million contracts daily. The merger must still be ratified by two-thirds of the PCX's members, and a majority of the CBOE's members.

It is not exactly clear how a sale of the PCX's equity business would affect the plan by OptiMark Technologies to use the PCX as a facility for institutional orders executed on its trading system.

Jersey City-based OptiMark says the PCX would remain a member of the Intermarket Trading System if it merges with the CBOE. As such, OptiMark does not feel the merger would hurt OptiMark's initial plans to go live this fall.

At Deadline – ECN Fees

The Security Traders Association has responded to the resentment expressed by market makers over the bills electronic communications networks (ECNs) send them each time a desk trades a stock on an ECN that is alone at the inside price. On August 28, the STA filed a petition with the Securities and Exchange Commission that would prohibit an ECN from charging the fees.

The STA had previously stated that failure by a trading desk to pay the fees to an ECN could result in the trading desk being denied access to the ECN. Moreover, without access to an ECN which is solely at the inside price, an executing broker dealer could be considered in violation of its best-execution obligations.

ART-

Hearing and GAO Report Opens SOES Wounds : Speakers Rap Continue SOES Bandits’ Abuses of Automati

The Small Order Execution System is coming under renewed scrutiny for alleged abuses by SOES bandits masquerading as retail order-entry firms.

Lawmakers and an independent congressional agency, each weighing evidence of abuses on SOES, have rekindled the debate about the controversial system, raising the question of damages caused to individual investors.

A long-awaited General Accounting Office (GAO) report on SOES has recommended that plans for a revamped system include changes that wipe out potential trading advantages taken by SOES bandits.

Hearing

Separately, Rep. Michael Oxley (R-Ohio), chairman of the House Commerce Subcommittee on Finance and Hazardous Materials, held a hearing in early August on the impact and effectiveness of SOES.

The hearing sparked heated debate.

"[Day traders have] developed sophisticated systems that enabled them to exploit artificial and mandated-sized transactions in automatic executions, that took advantage of momentary price discrepancies among the competing market makers," John Tognino, president of the Security Traders Association, told the Oxley hearing.

On the contrary, responded James Lee, president of the Electronic Traders Association, the recent approval of the Actual-Size Rule by the Securities and Exchange Commission makes the continuing opposition to day-trading activities redundant.

"This single act has forever changed the SOES debate, and should lay to rest market-maker opposition [to SOES day trading]," Lee told the hearing.

Draft GAO Report

The GAO report recommends that any system designed to replace SOES should continue to provide an automatic-execution facility for small orders, while ending advantages currently held by day traders.

The report stresses that the National Association of Securities Dealers should back its proposal with adequate material on a planned time-delay feature designed to protect market makers. Finally, the SEC is encouraged to do a better job in guaranteeing "automated execution to provide for the fair treatment of all traders," the source said.

SOES enables order-entry firms and market makers to execute actual-sized orders on behalf of retail investors. Participants are able to lock in trades with designated clearance and settlement instructions, thereby providing an automated-execution system to public customers. But SOES is controversial, and has been blamed for abuses by firms picking off market makers' stale quotes.

The GAO put SOES under the microscope for the past ten months at the request of Rep. Charles Schumer (D-N.Y.), Rep. Gary Ackerman (D-N.Y.) and Rep. Sam Gejdenson (D-Conn.).

Microscope

The report noted the four objectives of the study: to determine the extent SOES is being used for its intended purpose; to explore the effects of SOES on the marketplace, volatility, liquidity and other issues; to evaluate the results of NASD rule changes intended to limit trading on SOES, or replace it entirely; and to appraise the effects of recent market developments on SOES, including taking a hard look at the NASD's proposal for a new order-execution and delivery system.

The report explains that the primary contributing factors for the recent reduction in the volume of SOES business on Nasdaq could include new market rules. It is generally accepted that the volume of SOES market share on Nasdaq has fallen to about seven percent of overall Nasdaq volume.

Oxley Hearing

Meanwhile, at the Oxley hearing, there were no real surprises. However, the hearing did indirectly generate a verbal spat between the STA's Tognino and the ETA's Lee.

By instantly "capitalizing" on mandated automatic executions, Tognino testified, "day traders create unparalleled volatility in specific stocks that would ultimately" cause investors without certain technology to pay more or receive less on their transactions in these stocks.

Lee rebuked that assertion, saying the introduction of the Actual-Size Rule for all Nasdaq stocks renders allegations of SOES abuse irrelevant.

In a telephone interview, Tognino said he didn't think the Actual-Size Rule's expansion ends the SOES controversy. In fact, he said, SOES activity, particularly in a turbulent environment, heightens market volatility. "Until there is a true integrated order-delivery and execution system that replaces SOES and SelectNet, we'll continually have the frustrations and the unfortunate effects for investors," he said.

Institutional Business

In his testimony, Tognino warned that the Actual-Size Rule, contrary to widely-held opinion, may not have the intended results when a firm is seeking to attract institutional business.

A dealer may discover that market forces compel him to quote in greater sizes than he would prefer, Tognino said. "Such coercion by market forces is a result of competition, and dealers accept it as a cost of doing business," he added.

Another view is that with SEC approval of the Actual-Size Rule, traders would start quoting all their markets in sizes of 100 shares. "But because of the nature of the business, a dealer may want to show his true size," Tognino said. "Sometimes, the bigger the size the more enticing for institutions to call."

A $13 Billion Wealth Transfer?

Two well-known finance professors, Robert Wood of the University of Memphis and Rutgers University's David Whitcomb, have locked horns over the Small Order Execution System. During a hearing of the House Commerce Subcommittee on Finance and Hazardous Materials last month, Wood spoke of a huge wealth transfer effected by SOES. Whitcomb countered, saying the best academic research suggests the effect of SOES usage is essentially neutral.

The most common practice of SOES day traders, testified Wood, is watching for the onset of large institutional buy or sell programs, and then stepping in front of them.

For example, he said, if there are ten market makers on the offer side of a stock, day traders seek to identify a particular broker who takes out two of those market makers. At that moment, day traders might take out the remaining market makers, hitting their "monster buttons" to execute all transactions at the same time, using technology not available to other traders. Finally, they offer the stock back at a higher price.

"To a significant extent, SOES represents a wealth transfer from mutual-fund and pension-fund holders, and retail investors, to SOES day traders," said Wood, who is a member of the National Association of Securities Dealers Economic Advisory Board.

This activity neither adds market liquidity nor assists in the price-discovery process, claimed Wood. "Instead, in my opinion, it is a parasitic activity," he said. Wood cited his joint research with Professor George Benston of Emory University, which contends that SOES day trading cost individual investors perhaps $13 billion from 1988 to 1996.

"Yet potentially far greater costs frontrunning of pension-fund and mutual-fund buy-and-sell programs, and the results of the increased cost of capital cannot be measured with data available to us," the research report states.

Competition

According to Whitcomb, the many retail brokers who either sell their customers' limit orders to the highest bidder or execute them on the broker's account are responsible for the lack of quote-price competition on Nasdaq (with the exception of electronic communications networks).

These practices have reduced SOES use among retail traders, whose market participation SOES was initially designed to encourage, Whitcomb said. "As a result, most SOES use is by active day traders who employ public information available to anybody willing to pay for it to observe market-maker quotation behavior and other signals that may predict very-short-term price movements," he testified.

Whitcomb said the best academic evidence suggests that SOES day trading has "an essentially neutral effect." He said it is "a game played between two classes of what are essentially day traders market makers and active individual investors and it does no measurable harm to the general investing public or institutional investors."

Day trading has some "subtle" benefits, he added, such as narrowing the bid and asked spreads, and creating the market discipline that keeps market makers "on their toes."

Whitcomb is the founder and chief executive of Automated Trading Desk (ATD) in Charleston, which developed the first expert system for automated limit-order trading. In 1997, ATD traded over $20 billion of New York Stock Exchange and Nasdaq stocks. "A fraction of that volume, about 30 percent, was executed on SOES," Whitcomb said. "As of July 1998, the fraction of ATD clients' volume traded on SOES has diminished further, probably to about 20 percent."

Levitt’s SEC Office Hires Former Salmon Legal Pro

Salomon Smith Barney's loss is Securities and Exchange Commission Chairman Arthur Levitt's gain.

The SEC has recruited Annette Nazareth, a managing director and deputy head of Salomon's capital-markets legal group in New York, to join the SEC as Levitt's senior counsel. Nazareth has more than two decades of experience, including her recent position at Salomon.

Nazareth will be responsible for advising Levitt on a range of market-regulation, municipal-securities and compliance issues. She will also be "instrumental" in the development of policies in these areas, according to an SEC statement.

Meanwhile, Glen Shipway has been elevated to executive vice president of trading and market services at Nasdaq, succeeding J. Patrick Campbell, who was named Nasdaq's chief operating officer.

Shipway will have day-to-day responsibility for the operation of Nasdaq. He will manage relations with market makers, order-entry firms, vendors, electronic communications networks and subscribers to Nasdaq market services. The nine-year Nasdaq veteran will also participate in planning and policy decisions affecting market operations, structure and systems.

The National Association of Securities Dealers also tapped one of its own for promotion. Michael Jones, who joined the NASD two years ago, has been named the association's chief administration officer (CAO).

As CAO, Jones will provide oversight for the NASD's 18 facilities nationwide. In addition, he will oversee operations and administration budgets. He will also continue as senior vice president of the Office of the Individual Investor, and interim senior vice president of corporate communications.

Senate Supports Emerges for 31(a) Relief

Is widespread relief on so-called 31(a) transaction fees finally imminent? At press time, Sen. Lauch Faircloth (R-N.C.) was preparing to file a companion bill to the House Savings and Investment Act of 1998, a bill H.R. 4120 cosponsored by Rep. Gerald Solomon (R-N.Y.) and Rep. Robert Menendez (D-N.J.) that seeks to cap 31(a) fees.

Faircloth, who chairs the Senate Banking, Housing and Urban Affairs Subcommittee on Financial Institutions and Regulatory Relief, planned to file his bill by Labor Day, Jim Hyland, his legislative director, told Traders Magazine.

Buoyed by the early-August decision of more than 30 congressmen including three top Republican leaders and several liberal Democrats to sign on as co-sponsors, House Rules Committee Chairman Solomon said his bill to provide relief from the Nasdaq transaction fees will likely gain the approval of the House this month.

Cap Fees

The House bill would cap annual collections of transaction fees assessed on sell trades and registrations of Nasdaq and exchange-listed stocks. A similar cap would apply to fees collected on off-exchange trades of last-reported securities. For example, in fiscal year 1999, fee collections on trades and registrations would likely be limited to $150 million, and fees for off-exchange trades would be held to $120 million.

According to Solomon, in fiscal year 1997, total Securities and Exchange Commission collections from all sources grew by 324 percent of its appropriated budget authority, and 382 percent of its requested budget.

Solomon is convinced he has avoided what could now be the one major obstacle to the bill compliance with congressional balanced-budget rules. That means fee reductions must be accompanied by offsetting spending cuts or revenue increases.

"The bill was designed not to require a revenue offset," said an industry source familiar with Solomon's plans.

At press time, Solomon's staff was putting the finishing touches on a request to the Congressional Budget Office for budget scoring of the bill.

The Solomon and Menendez bill has other valuable allies.

Frank Zarb, chairman and chief executive of the National Association of Securities Dealers, has declared his full support for the Solomon bill. He said the legislation would offer more flexibility than current law, "by ensuring that large increases in the dollar volume of trading does not trigger larger than intended collection."

Much to the delight of Solomon, and certainly noticed by Faircloth, Washington's anti-tax crowd and many of its state affiliates have rallied behind the bill. The National Taxpayers Union declared its support for H.R. 4120 hard on the heels of support from Americans for Tax Reform.

Zarb picked up the taxation theme in a recent letter of support for the bill. He noted that the original intent of the fees was to recoup the cost of SEC regulation, and that "the substantial excess being collected operates as a tax on investors and market professionals."

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