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To: TFF who wrote (7523)7/8/1999 11:31:00 PM
From: agent99  Read Replies (1) | Respond to of 12617
 
Massachusetts Again Targets
Actions of Day-Trading Firms
By RUTH SIMON and REBECCA BUCKMAN
Staff Reporters of THE WALL STREET JOURNAL
Heard on the Street Column
July 9, 1999

The lure of "day trading" has turned some small investors into highly leveraged, active speculators. But are the brokerage firms that cater to this trading style going too far?

Massachusetts securities regulators fired the latest salvo in their attack against day-trading firms, accusing Landmark Securities Corp. of Houston of engaging in illegal lending activities outside of normal margin-lending programs and violating suitability requirements. Matthew Nestor, director of the Massachusetts Securities Division, said there could be more than $100 million in transfers between customer accounts.

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Day-Trading Assault
Massachusetts has filed several complaints about various practices at "day trading" companies over the past nine months. Here are the complaints filed and their status.

October 1998: Block Trading Inc.; Settled; Block now in bankruptcy.
November 1998: Bright Trading Inc.; Settled; Bright paid $30,000 in fines.
December 1998: All-Tech Investment Group Inc.; Settled; All-Tech paid a $50,000 fine and $228,000 to reimburse customers.
January 1999: On-Line Investment Services Inc.; Settled; On-Line and a branch manager paid $20,000 in fines.
March 1999: TCI Corp.; Securities division's cease and desist order with regard to an investment program continues; matter referred to state attorney general.
July 1999: Landmark Securities Corp. Filed Thursday.

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The administrative complaint filed with the Massachusetts Division of Securities seeks to revoke the Massachusetts registration of Landmark and of Scott Kurland, the manager of the firm's Boston office. Landmark and Mr. Kurland face a $10,000 fine for each alleged violation, Mr. Nestor said.

The complaint is the sixth filed against day-trading firms by regulators in Massachusetts, which has been the most active state in going after what it considers to be questionable practices at day-trading shops. The firms cater to investors who tend to make rapid-fire trades to capture tiny price differentials in stocks.

The lending practices of day-trading firms have come under increasing scrutiny from federal and state regulators who are concerned that loans made from customers or from people associated with the trading firms to other customers may allow some day traders to continue trading when they no longer have enough capital. Regulators are also concerned that individual borrowers and lenders may not understand the risks of these loans.

These lending practices may allow firms "to keep accounts alive to generate commissions," Mr. Nestor said. Federal regulators, including Securities and Exchange Commission Chairman Arthur Levitt, have spoken out against the dangers of individuals trying to mimic the rapid-fire electronic trading of professionals.

As an example of these lending practices, Massachusetts regulators alleged Landmark allowed one customer to open a day-trading account even though he "had an annualized income of $15,000, a net worth of $10,000 to $15,000, and no prior investing experience," according to the complaint. Also according to the complaint, Mr. Kurland misrepresented the customer's financial position, indicating on the new-account form that the customer had income of $25,000 and a net worth of $50,000.

Nearly $2.7 million from other customers was transferred into this customer's account between August 1998 and May 1999, the complaint alleged. Mr. Nestor said he believes the money was used to meet margin calls -- which occur when customers have insufficient funds in their accounts to meet lending requirements -- and to fund the customer's trading. Mr. Nestor said the customer, a 1998 college graduate who previously worked part-time as a bartender, has told regulators he lost money last year.

Mr. Nestor said he didn't know how much money has been lost by customers in Landmark's Boston office, but added that he has evidence that the majority of Landmark customers did lose money.

Mr. Nestor also said the illegal transfers between customer accounts could total tens of millions of dollars and possibly more than $100 million. The loans typically carried "usurious" interest rates of 0.1% overnight or 36.5% on an annualized basis, the complaint said.

In a statement, Landmark said it was "cooperating fully" with the state's investigation. "Our Boston office houses successful customers, none of which have made any complaints about our operations and practices to regulators. We have ensured that all of our customers are aware of the risks associated with day trading," the statement said.

Mr. Kurland's attorney, Michael Unger, said Massachusetts regulators may have been overzealous in their case against his client. "There were many procedures in place in the office which were totally legal, but what you take away from the complaint makes it sound like there's all sorts of money moving around in a surreptitious fashion," he said.

Mr. Unger declined to respond to specific allegations, but said the loans Mr. Kurland allegedly facilitated were "as best as I can tell ... up-front transactions known by the participants and approved by the participants." Mr. Unger added, "there's never been a single customer complaint against Mr. Kurland," who he said is 24 years old. Mr. Kurland intends to fight the charges at least for now, Mr. Unger said.

Landmark's Web site says investors can participate in day trading either as "a trader ... who makes the trading decisions and executes his own trades for profit" or as "an investor" who funds a trader's account, "either as a loan to the trader, or as equity, with a percentage of the trading profits."

The Web site also says "there is no license or experience required to become a day trader." It adds that "Landmark Securities has no account minimum" for investors who wish to trade there, "although $50,000 is strongly recommended." According to the site, "the majority of Landmark Securities customers make their living by day trading."

Investors generally can borrow as much as 50% of the value of the stocks they own, under margin requirements set by the Federal Reserve Board. Separate rules, known as "maintenance requirements," determine how much debt an investor may hold once the purchase is complete. If stock prices fall below prescribed levels, an investor may have to deposit additional cash or securities in the account or the broker could sell securities in the account.

Brokerage firms are barred from lending money in excess of margin rules. But three years ago, the Federal Reserve Board amended its margin-lending rules in a way that permits firms to arrange loans from one customer to another or to find third parties who would lend to their customers.

According to the Massachusetts complaint, Mr. Kurland "promoted and orchestrated loans between Landmark's customers" in the Boston office so they could meet margin calls; forged and used photocopied customer signatures so that money could be transferred between accounts without customer knowledge; and accepted transfer forms that he should have known carried signatures forged by others. Loans were also made between Landmark customers in Boston and New York, the complaint said.

The complaint also alleged Mr. Kurland borrowed money from, lent money to and entered into profit-sharing agreements with customers in the Boston office through Equity Traders LLC, a firm he had an ownership interest in. Principals and employees of brokerage firms aren't supposed to make loans outside the margin program. Regulators also alleged that Equity Traders violated securities laws by unlawfully issuing unregistered securities to raise funds to fund the loans and profit-sharing arrangements.

William Gens, an attorney for Equity Traders, said that Mr. Kurland "has an equity interest" in the firm and that "there were lending arrangements." He said that "whether those are illegal or not is possibly going to be the subject of a judicial determination." Mr. Gens added that whether the promissory notes issued by the firm are securities "is a gray area."

In addition, according to the complaint, Landmark failed to supervise Mr. Kurland or to fire him after it found that he had failed to comply with suitability requirements and made misrepresentations to the firm's compliance office.

"We're very concerned that there seem to be some elements of the day-trading industry that are refusing to police themselves," Mr. Nestor said. He added that "the allegation that the firm knew about the problems and failed to correct them is extremely troubling."

Landmark has 14 branch offices, including one in New York City, Landmark president Jay Gillock said in an interview earlier this week. Mr. Gillock didn't return calls seeking comment Thursday.

Landmark's New York office, at 499 Park Ave. in Manhattan, is closely tied to another trading company, Tradescape.com, that last week received a $40 million infusion of cash from two big investors: Japan's Softbank Corp. and J.W. Childs Associates LP, a Boston private-equity firm.

Mr. Gillock said Tradescape, a company that mainly sells day-trading software to other brokerage firms, grew out of Landmark's New York office. Tradescape is also located at 499 Park Ave.

A Softbank spokesman and an official at J.W. Childs didn't return phone calls.

In a statement issued earlier this week in response to questions about ties between the two firms, Tradescape said it "has no ownership interest in Landmark Securities." But it added "an affiliated entity has a service contract with Landmark whereby the affiliated entity provides software and technical support to Landmark. In the New York branch office of Landmark, the affiliated entity also provides facilities and administrative personnel."


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To: TFF who wrote (7523)7/14/1999 7:17:00 PM
From: agent99  Respond to of 12617
 
Instinet.com - Is the ECN ready to take the plunge online?

By Emily Church, CBS MarketWatch
Last Update: 6:32 PM ET Jul 14, 1999 Econ.forecast
Banking stocks

NEW YORK (CBS.MW) -- Instinet, the leading electronic stock trading network, has registered to form a new brokerage unit to sell stocks and mutual funds.





As reported by CBS.MarketWatch.com last month, the Reuters-owned (RTRSY: news, msgs) broker-dealer is moving toward granting Internet investors a direct channel to its network, where institutions can trade stocks before and after the markets are open in New York. See full story.

Instinet filed forms with the Securities and Exchange Commission on Wednesday for the new brokerage, Instinet.com. Company officials had no further comment. Instinet is expecting to broaden its services to include credit cards and mortgages, according to Bloomberg News.

Founded in 1969, Instinet was the first of a growing number of electronic communications networks, or ECNs, that match buyers and sellers in the U.S. stock markets.

But Instinet has seen Internet-savvy usptarts like Datek-owned Island ECN move up the ladder quickly. Instinet had been moving to build its electronic dominance by taking steps like offering bond trading.

The key thing for the e-brokerage industry is to what degree Instinet will be a partner or a competitor. The company has always walked a fine line with its institutional clients. You can't just tack a "dot com" on your name -- the online world requires that you learn to share and make friends.

Instinet has suggested it will work with e-brokers in the past, but investors haven't seen many of those relationships take shape. Nonetheless, people close to the situation said Instinet executives are actively meeting with potential sources of more liquidity for the network, ranging from day trading firms to market makers to e-brokers.

What Instinet will offer online investors, and what some other companies are already offering, is: direct access to market makers. Leading online brokers like Schwab (SCH: news, msgs), E-Trade (EGRP: news, msgs) and Ameritrade (AMTD: news, msgs) aren't there. The e-brokers are striking relationships with the ECNs as well as traditional brokers of the likes of Morgan Stanley Dean Witter (MWD: news, msgs), Goldman Sachs (GS: news, msgs) and Citigroup's (C: news, msgs) Salomon Smith Barney.

Instinet, the ECN gorilla, is showing some signs of waking up.



To: TFF who wrote (7523)7/18/1999 8:51:00 AM
From: agent99  Read Replies (2) | Respond to of 12617
 
In Day Trading, Less Thrill and More Chill
New York Times
July 18, 1999

By DIANA B. HENRIQUES
Here was a trace of eulogy in the young day trader's voice as he reflected on how different the world looked after April, a month in which once-sizzling Internet stocks began a steep slide that cut the sector's value by at least 20 percent in just nine weeks.

"I have come to grips with the fact that it's never going to be as good as it was," said John Cassimatis, 27, who has been trading Internet stocks exclusively ever since they became the dream machines for the would-be rich last year. "But I'm just grateful to have been a part of it."

Cassimatis is one of an estimated 4,000 to 5,000 amateur investors -- mostly men, mostly young -- who have flocked to more than a hundred specialized trading rooms around the country to try their hands at buying and selling stocks quickly for their own profit.

Since early last year, their role in the market has assumed an almost mythical quality. Some regulators worry that these new players, who have shown a special affinity for Internet stocks, are being lured toward the rocks with siren songs of instant wealth, while others blame them for causing thin, rumor-driven markets to become so turbulent that less agile investors are drowning.

Like many at-home investors who trade on line, day traders were drawn to the Internet stocks by their volatility and triple-digit gains, and for many of them, trading in the months before the spring selloff was like breaking the bank on some high-tech video poker machine. Is that time, however, gone for good? And has the cruelty of April left these new market players wary, wiped out or disillusioned?

Interviews with self-employed traders across the country suggest that the Internet slump, however brief, has indeed planted a few doubts in this preternaturally optimistic community. Managers at brokerage firms catering to day traders report that in the early weeks of the selloff, there were fewer new customers, while existing customers were trading less actively.

And like Cassimatis, many young traders said they did not expect the near-term future of the Internet sector to look like its glorious pre-April past.

But a few more experienced voices predicted that this new-found caution would be forgotten quickly if Internet stocks, which have regained about half the ground lost in the April slide, move past their pre-slump highs.

"I think greed is built in," said Eyal Shahar, 38, a trader who manages the Irvine, Calif., branch of Momentum Securities in Houston, the largest of the day-trading brokerage houses. Trading Internet stocks is something "only the very good traders should get into," he said, "because you can lose so much so fast, before you learn how to trade." But, he added, "in most cases, they need to experience it in their own skin before they learn."

Day traders try to make money by exploiting the minute-to-minute, hour-to-hour movements in specific volatile stocks. And nowhere has their impact been felt more keenly than in Internet stocks, a tiny corner of the market until the fall of 1997, when Yahoo began to attract their hair-trigger attentions.

The sector then comprised only a few companies, each with only a few million shares available in the market. As enthusiasm for the stocks spread, demand for shares quickly outstripped the supply. And the resulting price gains of the newborn dot-com stocks became the stuff of legend.

One young day trader ticked off the milestones, starting with the date that seemed to capture all that was magical about the Internet craze: April 9, 1998, when Yahoo announced its earnings, opened $8 higher, paused and then began a noontime rally that carried it up another $8, for a total gain of $16, or 16 percent, on tremendous volume.

"That started it," said Kirk Kazazian, 23, who has been day trading since receiving his bachelor's degree in finance at the University of Pennsylvania in 1996 and now trades with Tradescape in Manhattan. He rattled off the ticker symbols of tiny stocks he had held onto for brief but steep climbs. "Everything started in April," he said. "That was my best month."

In late summer of 1998, of course, Internet stocks were caught in a wholesale market panic prompted by the Russian debt default. But by November, they were showing resilience. On the day before Thanksgiving, "things really started to fly," Kazazian recalled. And by February of this year, Internet stocks were moving into the thin stratosphere of pure euphoria.

"I guess we were both catching the wave and causing it," Kazazian reflected recently. "There weren't but about 30 or 40 stocks. So we'd start bidding them up, and then people at home would see it going up, and they'd bid it up higher."

He added: "It's not just us. Everyone wants to get into it and make a fast buck."

Consider one stock popular among day traders: Theglobe.com. The big money on this unseasoned Web-site operator was made last Nov. 13, when its newly minted shares made their debut at seven times their offering price of $4.50, adjusted for a subsequent split. But in the post-April slump this year, the stock plummeted from nearly $40 to less than $14 -- a fairly typical performance in the sector. It now trades at $17.875.

Many day traders emphasized that a declining market could still produce profits, so long as it remained volatile and a trader had more current data and quicker order execution than online brokerage customers could obtain from their home or office computers. On a recent day when Theglobe.com closed lower, for example, there were several points at which a sharp-eyed trader could have pocketed 25 cents a share by buying at one momentary low price and quickly selling at a slightly higher one.



The excitement and challenge of such trades are what attract many investors to the trading rooms. Arthur E. Herrmann, 27, first experienced that thrill from the sidelines when he worked as a summer intern for a specialist firm on the floor of the American Stock Exchange. Now, he says, "this is my career." He usually trades at a Manhattan office of Tradescape, which merged recently with Momentum Securities but for now continues in business under the Tradescape name. But he visits other branches, too.

"I trade light and fast and generally go out flat," he explained in the patois of the day-trading world.

In translation, that means he buys a relatively small number of shares, holds them for an extremely short period and ends the day with nothing but cash in his portfolio.

Herrmann said he doesn't worry much about where the Internet stocks are heading -- if they cool, he said, he'll play in another neighborhood. Nevertheless, he senses a mood change -- though it might be only seasonal. "It has been a really crazy time, and now it's summertime, and people are probably just going to be more laid-back for a while," he said.

For Herrmann, the real casualty of the post-April slump was the initial public offering game.

"I have tended to stay away from the I.P.O. action lately," he said. "It is too much of a frenzy."

What would it take to bring him back? "I would need another Theglobe.com," he said with a laugh.

Peter C. Earle, an executive vice president of On-Line Investment Services, allowed a reporter to visit On-Line's day-trading room near the rehabilitated waterfront in Jersey City, N.J., on the condition that his customers' last names not be used -- "in the interests of maintaining their privacy."

It is an environment that gives "business casual" a new dimension -- sandals, shorts and rumpled T-shirts were the office uniform -- but the technology is up to the minute, and more than a dozen customers were busy trading on a recent afternoon.

One of them was Brian, 28, who played drums in a band and managed a sporting goods store in Boston before gravitating to day trading more than two years ago.

As he tells it, he started with $50,000, lost money for six weeks and broke even for six months. Finally he began to build an account that now allows him to trade as much as $250,000 of stock at a time.

Like Herrmann, he cashes out at the closing bell and does not hold stocks overnight.

"In the old days, it was free money," he said, reflecting on the pre-April paradise. "There's a lot more nervousness now."

He added, "Everyone in the room has been wondering how to handle this." His own trading style has been affected by the current mood, he said.

"I'm trying to be more picky, more selective -- which I think everyone, across the board, has been trying to do," he said.

John, 29, comes in early, usually by 7:30 A.M., and tries to scout stocks that have been neglected by other traders, building positions during the day that range as high as $1 million -- "maybe for a minute," he said.

Even so, the last few months have been a puzzle to him and his trading-room friends.

"We all feel it's going get tougher and tougher," said John, who began day trading about three years ago, after trying unsuccessfully to get a job at a big brokerage house. "I'm a pessimist. Over the past year, the opportunities have been unbelievable. I'm not going to say it's never going to happen, but I just don't think Yahoo is going to double or triple from here."

He added, "We have been on a great bull run, but a bear market will wipe out a lot of day traders." And, he acknowledged, "this isn't a stepping stone to Goldman Sachs."

But, he said, day trading "grabs you" and "it's hard to get out, especially if you're successful."

Though day trading has grown more challenging since the Internet stocks peaked, few day traders have buckled down to doing the kind of homework that more selective trading demands.

Mary Lanigan, who is 52 and trades with Momentum Securities in Houston, avoids Internet stocks. Early last week, she was amused to find that many of the young traders around her, who tend to focus solely on the internal rhythms of the trading day, were mystified that Yahoo was slumping despite apparently good earnings.

"I had seen the negative story in Barron's on Saturday, analyzing the quality of those earnings," she said. "They hadn't."

She added, "Here, most young traders would rather go to Mexico for the weekend than read up on stocks."

Kazazian, the 23-year-old Manhattan trader, was more optimistic than many, saying recently that "mid-June looks like it might have been the bottom." But he agreed that the days were gone when one could play any Internet stock and make money. "I think the days ahead will separate the blue chips from the junk," he said, laughing a bit at the notion of using "blue chip" to describe anything as ephemeral as an Internet stock.

The people who make their living by catering to this new category of self-employed traders have not been daunted by the recent Internet roller-coaster.

Karen Schwenke, 38, a former corporate marketing executive -- "I was once manager of jigsaw puzzles for Golden Books Entertainment," she said -- entered the day-trading world about two years ago by helping to set up La Salle Street Trading, an affiliate of Momentum in Milwaukee.

"I always wanted to own my own business, but I don't want to bake bread or frame pictures -- I'm just not very good at that," Ms. Schwenke said.

"This is a business I have really grown to love."

Initially, office start-up chores took up her time. But about six months ago, she was finally able to begin day trading herself, using what she calls a "pure scalping" style in which she holds stocks for less than a minute before selling. "It's been a slow start," she said. "But I'm learning, and will be ready when things pick up."

The recent downturn in Internet stocks "certainly changed some people's perspective," Ms. Schwenke said.

"You didn't have that wind at your back, when the volume always seemed to be there. That has made the market much tougher to trade."

Still, she said, she has gained some customers lately from among the burgeoning population of active online traders who have left their home computers in search of better technology and faster execution of their trades.

James H. Lee, the president of Momentum Securities in Houston and of the Electronic Traders Association, pointed out that April was "an absolutely extraordinary month" in trading volume and that May and June might reflect a more normal pattern.

While Lee, speaking on behalf of the association, said he expected trading volume from on-site day traders to grow, he acknowledged that the overall number of people involved in day trading had not changed much in recent months.

But that may merely reflect the arithmetic confronting firms that cater to day traders, he said.

An online brokerage firm spends roughly $250 for each new customer, Lee estimated. By contrast, he said, an on-site day-trading firm may spend $30,000 on each new customer, counting the outlay on equipment, office space and training. Since the firm charges a fee for each trade, it may not begin to recoup that investment until the new customer has become secure enough to trade actively.

The lack of growth Lee claims for the day-trading population hasn't reduced the criticism from regulators. Early this month, Massachusetts securities watchdogs sued the Landmark Securities Corporation in Houston, accusing its Boston branch of signing up customers who should not have been allowed to pursue the risky life of a day trader and then extending credit to them on usurious terms. Pete Oppel, a spokesman for Landmark, said the company "has been and will continue to discuss the matters with Massachusetts authorities, but we are not willing to discuss them in the media."The case was the sixth that Massachusetts regulators have filed against day-trading firms.

Lee and others say that most of the evils attributed to day traders are actually the work of at-home speculators who trade through online brokers. And day traders themselves seem to dismiss the regulatory cases as growing pains. "They can't turn back the clocks," said Chris, 27, who trades at On-Line in Jersey City. "Day trading has already established itself."

Indeed, many traders said they thought the post-April slump would help their new community to mature -- to hone its skills and judgment.

But every upward leap in the Internet sector may well dislodge a little bit of the caution that began to take root among day traders in the post-April selloff.

People are more careful and selective now, said Brian, the wary young trader in Jersey City, "but you only stay cautious until you start making money." Then, he said, "once some more frenzy starts, people will go back to the old style."

He added, with an irrepressible grin, "This has been a big reality check, but people forget."