| Re: market orders. 
 From Friday's WSJ. Market orders can be very dangerous with online brokers.
 
 
 ----------------------------------
 
 April 23, 1999
 
 Money & Investing
 
 Regulators Worry That Online Investors
 May Be Getting Poor Trade Executions
 
 By GREG IP and REBECCA BUCKMAN
 Staff Reporters of THE WALL STREET JOURNAL
 
 It costs just a few bucks to make an online stock trade. The growing concern is that
 investors are getting what they pay for.
 
 Regulators and industry participants worry that online investors, without knowing it, are
 sometimes getting poor trade executions in return for low commissions.
 
 Attention is focusing on the practice by which some major market-maker firms pay
 online brokers for their orders. The concern is that in order to get those payments, online
 brokers may be directing their orders to particular wholesalers without regard to
 the quality of execution they give.
 
 For example, a customer may pay $10 in commission to send a "market" order to buy 100
 shares in a fast-rising stock on which the lowest offer price at the moment is $20. But
 because of the way that the broker handles the order, the order doesn't get executed until
 the offer price has risen to $21. The customer, in effect, paid $100 more than he might
 have, wiping out the benefit of the lower commission.
 
 SEC Looks at Payment
 
 Both the U.S. Securities and Exchange Commission and the New York attorney general's
 office are looking at payment for order flow as part of separate inquiries into online
 trading, say people familiar with those inquiries. The state's questionnaire to online
 brokers asks for "current contracts or agreements relating to directed order flow and
 payments thereon" and documents on "problems with recipients of your directed order
 flow."
 
 
 
 Most online brokers, such as E*Trade Group Inc., Ameritrade Holding Corp. and
 Toronto-Dominion Bank's Waterhouse Securities Inc., don't execute orders they receive.
 Instead, they send an order to a market maker, who executes it, or to a stock exchange in
 the case of some listed stocks.
 
 The largest online broker, Charles Schwab Corp., generally doesn't accept payment for
 order flow. But it does send most of its Nasdaq orders to its wholly owned market maker,
 Mayer & Schweitzer, thereby benefiting from any profit that unit earns executing the
 orders.
 
 While most discount firms accept payment for order flow, the payments are most
 important to online brokers because their commissions are so low. Full-service firms
 generally don't accept such payments.
 
 "Anytime you have a middleman in front of your trade, you have to wonder if you're
 getting the best deal," says Bill Burnham, an analyst who follows online brokers for
 Credit Suisse First Boston. The middlemen -- the wholesale market makers -- "are
 making money off those orders, and that money is not being created out of thin air.
 Wholesalers ... are essentially using the information provided by retail order flow to
 become very informed speculators."
 
 Wholesale Firms Reject Notion
 
 But wholesale firms reject that notion. "The kind of executions wholesalers are providing
 to online discounters in general are the best executions in the business," says Kenneth
 Pasternak, president and chief executive of Knight/Trimark Group Inc., the largest
 wholesaler, which claims a market-leading 15% share of the Nasdaq market. A
 substantial share of Knight's business comes from online brokers. E*Trade, Waterhouse
 and Ameritrade all have equity stakes in Knight/Trimark.
 
 Online brokers also adamantly deny they send trade orders to the market makers that pay
 the highest rebates, or those in which they have financial interests. Bill Yates, vice
 president and controller of Advanced Clearing Inc., which is owned by Ameritrade
 Holding and clears trades for that firm's fast-growing online-brokerage unit, says, "You'd
 get skewered in the marketplace for that. Your customers would scream."
 
 An E*Trade spokeswoman didn't return a call seeking comment. A Waterhouse
 spokeswoman declined comment, citing the "quiet period" surrounding the initial public
 offering of its parent's global discount-brokerage business, which includes Waterhouse
 and Canada's Green Line Investor Services. A Schwab spokeswoman says, "Schwab
 holds Mayer & Schweitzer to the strictest standards of best execution."
 
 Market makers are willing to pay for orders because they make money trading them. For
 example, the market maker may buy 100 shares from one customer at its bid price of $21
 while selling the same 100 to another at its ask price of $21.125, pocketing the spread,
 $12.50 in this case, in the process.
 
 Controversy Isn't New
 
 Controversy over payment for order flow isn't new. Earlier this decade, the SEC said the
 practice was all right, as long as brokers disclose it to their customers. New
 order-handling rules and the reduction in the minimum bid-ask spread to 1/16 from 1/8 of
 a dollar recently have cut what market makers can pay for order flow. Mr. Burnham
 estimates E*Trade's average payment received per order has dropped from $12 in 1996 to
 $2.90 now, while Ameritrade's has fallen from $8.51 to $2.18. But growing trade volume
 has offset that decline.
 
 Mr. Yates says his staffers divvy up Nasdaq orders among six to eight trading firms,
 based mainly on their speed and quality of execution records, he said. Advanced Clearing
 examines monthly reports from each firm, "but the guys in our trading room are
 monitoring this stuff on a day-by-day basis," Mr. Yates adds. Advanced Clearing usually
 sends all orders for one stock, such as Microsoft Corp., to the same market maker,
 according to Mr. Yates.
 
 The size of the rebate varies according to the size of the order (more money for larger
 orders), the time it is placed (less for orders placed near the busy market open) and the
 type of order. Many market makers, for instance, don't pay anything for limit orders,
 or orders to buy or sell a stock at a certain price.
 
 Mr. Pasternak says customers benefit from such payments through lower commissions,
 but he nonetheless wouldn't mind if such payments were abolished. Like most
 wholesalers, Knight/Trimark promises top execution quality through sophisticated
 automated-execution systems. They promise to execute customer orders up to a certain
 size at the best bid or offer any market maker is then displaying in the country. Mr.
 Pasternak boasts that his firm's typical turnaround time is five seconds.
 
 There Is a Catch
 
 But critics note there is a catch. Wholesalers reserve the right in volatile conditions to
 switch from automated to manual execution. James Lee, principal in Houston-based
 Momentum Securities Inc., which caters to day traders, says that can slow order
 execution and investors may discover that market orders are executed far away from the
 prices they expect. (There is less risk with limit orders.)
 
 Mr. Lee says if the dealer senses the stock is rising, it might switch to manual
 execution, slowing down the filling of orders until the stock has risen sharply. At
 that point, it can then begin selling stock out of its own inventory. The dealer can
 then try to buy it back later at a lower price.
 
 Mr. Pasternak said his firm executes more than 90% of orders automatically. He noted it
 is unrealistic to expect any firm to accept "unlimited liability" by guaranteeing a
 particular price during volatile conditions. Bernard Madoff, head of wholesale firm
 Bernard L. Madoff Investment Securities, says, in fast markets, "you can't [be confident]
 the price on your screen is the accurate price, either to the benefit or detriment of your
 customer."
 
 Critics don't question the right of wholesalers to go from automated to manual execution,
 particularly as rocketing Internet stocks have set new parameters for volatility. But some
 do question whether online investors are aware that it can happen to them -- or have any
 choice in the matter. The NASD advised wholesalers in February that if they deviate
 from automated execution during "turbulent market conditions ... they should
 consider disclosing such altered procedures" and the reason to customers sending
 them orders.
 
 Copyright © 1999 Dow Jones & Company, Inc. All Rights Reserved.
 
 
 |