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To: Giordano Bruno who wrote (23639)10/29/1998 8:29:00 AM
From: MrLuckyman  Read Replies (1) | Respond to of 164684
 
Richard Ney and the Wall Street Gang
2 Replies. Back to #236

Subject: Richard Ney and the Wall Street Gang
To: BenYeung
From: Peter Quon
Apr 14 1998 7:33PM EST
Reply #237 of 416

NASD Fines Morgan Stanley $1 Million For Allegedly Manipulating Stock Prices

(Ben, thought of you when I read this article. Hope you enjoy it. Peter)

By DEBORAH LOHSE April 14, 1998
Staff Reporter of THE WALL STREET JOURNAL

The National Association of Securities Dealers fined Morgan Stanley &
Co. $1 million and suspended and fined seven traders for allegedly
manipulating in 1995 the price of 10 stocks that are part of the Nasdaq
100 Index.

The decision was issued Monday, following five days of hearings last June
and July before the NASD's market-regulation committee. That
committee, made up of members of the securities industry, was convened
after Morgan Stanley contested an NASD Regulation complaint on the
matter issued Oct. 25, 1996.

In addition to fining Morgan Stanley $1 million, the NASD suspended
from the securities industry for 90 days and fined $100,000 the firm's
former head Nasdaq trader, David Slaine. He has since left the firm for a
hedge fund. Six other traders -- Thomas Anthony Crocamo, Carl
DeFelice, Joseph Louis Ferrarese, Peter William Ferriso Jr., Robert Scott
Ranzman, and Charles McMichael Simonds -- were each suspended for
30 days and fined $25,000. All the men except Mr. DeFelice couldn't be
reached for comment; Mr. DeFelice said he had no comment.

The decision alleges that Morgan Stanley artificially raised the price of
stocks it was selling to its own program-trading department on two
Fridays in 1995 when options in the Nasdaq 100 Index expired. (Such
options are tradeable instrumemts that mirror the value of the stocks
making up the index.)

Trading Desk's Actions

The allegation stems from actions taken by Morgan Stanley's Nasdaq
trading desk designed to help the firm's program-trading group. That
group had hedged positions for the firm and customers by selling "short"
shares of stocks that it didn't actually own, and had to buy shares on the
day certain options expired.

To do so, they bought the shares from their Nasdaq trading desk, which
didn't own the shares, either, creating a new "short" position. To make
sure that new, short position didn't suffer any losses, NASD alleges, the
traders sold the program-trading group shares at prices that were propped
up before the market opened. The Nasdaq traders then bought back the
shares on the open market once the prices fell back down, the NASD
alleges.

Morgan Stanley, now known as Morgan Stanley Dean Witter & Co.,
"strongly disagrees with NASDR's conclusions," according to a
spokeswoman, and plans to appeal the decision to the NASD's National
Adjudicatory Council. The decision is stayed until the appeals process is
through.

The NASD alleges that Morgan Stanley propped up the prices by "locking
or crossing" the market before stocks officially started trading -- driving
higher the price the traders would ultimately pay its program-trading group
once trading started. Locking or crossing occurs when the buying price for
a stock becomes equal to or greater than the prevailing selling price, which
is normally slightly higher than the "bid" price.

Locking or crossing the market isn't allowed unless the trader makes an
attempt to trade with the person whose posted price they are locking or
crossing. Morgan Stanley argued to the NASD that its traders did make
such attempts, but the NASD contended there wasn't any evidence that
was true.

Complaints about locked and crossed markets by Morgan Stanley traders
sparked NASD's investigation of the firm, according to officials there.

Risk Put at $300 Million

The committee alleged that Morgan Stanley's over-the-counter desk
assumed the risk for more than $300 million of the firm's capital as a result
of the intra-firm transaction, thereby enabling the program trading desk to
cover its short position at a price (in this case, the opening print price) that
would prevent substantial losses, and enable the over-the-counter desk
later to cover the short position at a profit, or at least to break even.

People close to Morgan Stanley say the firm will argue on appeal that
Morgan Stanley wasn't acting manipulatively, but was simply looking to
attract sellers when it raised its stock prices to cover its short position. The
firm claims it couldn't know for sure the stock price would drop later.

Such complaints also have caused the NASD to look into whether other
firms are improperly handling opening price-setting, say people close to
the NASD. However, the Morgan Stanley alleged behavior would be very
hard to repeat because the way the index value is set has changed.

Subject: Richard Ney and the Wall Street Gang
To: BenYeung
From: R. Bond
May 8 1998 2:27PM EST
Reply #250 of 416

Ben,

Just to let you know that since I first posted here in March, I've read Mr. Ney's 3
books (unless there are some others I'm unaware of). Fantastic!!! I am doing a lot of
work using his charting methods and slowly, steadily approaching the understanding of
it that I can feel lurking in my intuition.

Thanks, again, to the thread for being here. And thanks ever so much for the great link
to finding the books.