NYSE Auctions

In the bad old days of stock auction markets [sic], owners of shares of companies—companies nominally public by their status as a shareholder company—would meet in a crowd, face to face, and offer their shares for sale at a price or offer to buy another’s shares at a price. Bid prices and asking prices would converge, and sales would be executed.

Only the rich could play this game, though; Middle America (and Middle Netherlands where such auctions got an early start some hundreds of years ago, and Middle You-Pick-the-Nation) couldn’t afford to play. To be sure, Middle America (and the others) in those early days had little interest in playing, and the matter was a no harm, no foul situation. Then the broker industry developed, and brokers would act as middle men in these auctions, doing the mixing and matching of buys and sells—for a small remuneration, of course—and the shareholders didn’t need to meet in person. But those remunerations—commissions—kept Middle America priced out of the game.

Then discount brokers developed (think Charles Schwab), and Middle America (and Middle xyz) could play. The broader breadth of participation both increased stock prices themselves, and they gave companies all across the economy access to tons of additional money, from us little people, with which to do R&D, sales, production, etc. After all, little peoples’ nickels and dimes add up—it’s how the earlier Five and Dime stores prospered and how today’s deep discount stores prosper. It also gave us little people additional ways to save and to build our nest eggs.

Today, there are even brokerages that operate entirely online, for a song: typical remunerations for effecting a buy or sell today range from $5 to $10 per some number of thousands of shares traded (when Schwab was starting out, they charged $35 per hundred shares traded).

Now the New York Stock Exchange wants to

introduce a midday auction

ostensibly to

draw trading away from private venues such as dark pools….

Never mind that those dark pools are capitalist, free market responses to excessive interference in today’s financial industry (of which stock markets are only a part) by the Security & Exchange Commission and the myriad mechanisms spawned by Dodd-Frank.

The new NYSE auction would take place in the middle of the day, when trading is at its slowest. One draw of such auctions is they allow big investors to put in large orders without immediately moving the price of a stock[.]

Auctions work differently than continuous trading on markets, which match orders as they come in at an ultrafast pace. In an auction, buyers put in a maximum price and quantity they are seeking to fill and sellers put in a minimum price and size they are willing to sell over a period of time. At the end of the period, orders are filled at a price set by supply and demand for shares.

Just like those original bad, old days.

I’m not sure this isn’t a return to those bad old days when only the rich could play. I’m not sure it is, either; it’s something that needs to be watched very carefully—even by the SEC.

The DoJ Strikes Again

This case involves a Bureau of Alcohol, Tobacco, Firearms and Explosives ex-agent who sued the BATF over its slander of him and its lack of adequate protection of him and his family after he’d done undercover work for the BATF in the Hell’s Angels motorcycle gang.

United States Court of Federal Claims Judge Francis M. Allegra opened his latest ruling in blunt terms:

On October 29, 2014, the court…issued an order voiding the prior judgment based upon indications that defendant [the United States; the BATF agent was the plaintiff], through its counsel, had committed fraud on the court.

Fraud on the court is an extremely serious bit of…miscreancy. As Allegra explained it,

Fraud on the court “is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury.”

It’s a direct attack on the ability of our judicial system to function at all; it’s not one litigant lying to the other in order to gain an advantage in a particular case.

The underlying case is an indication of the integrity of Attorney General Eric Holder’s DoJ, but I want to focus on the fraud on the court allegation. Allegra focused on two examples he found indicative of a pattern of fraud on the court perpetrated by Holder’s representatives in the case. The first is this:

Testimony at trial indicated that Valerie Bacon, an attorney in ATF’s Office of General Counsel, attempted to convince SAC Atteberry not to reopen the arson investigation [regarding the destruction of the BATF agent’s home, the blame for which was central to the agent’s slander beef]. In this regard, SAC Atteberry testified:

Q. . . . Did you get any kind of discouragement in any respect from anyone at ATF with respect to reopening this arson investigation?

A. Yes.

Q. Please explain.

A. I had a phone conversation, and I also believe I talked to her [Bacon] in person one time when she was in Phoenix, and I believe during the telephone conversation she made a comment to me that if you, meaning myself, reopen the investigation that would damage our civil case.

The existence of this illegal conversation was never passed to the court until Atteberry’s testimony. Indeed,

Defendant’s filings regarding this situation demonstrated not only that its counsel—including supervisors in the Civil Division, who received email communications on this topic from plaintiff’s counsel in March of 2013—were aware of Ms Bacon’s actions prior to the trial in this case, but did nothing to apprise the court of her actions or of the potential that the integrity of these proceedings were at risk.

And this instance:

…a taped conversation (a copy of which is part of the appellate record in this case), revealed that defendant’s [the United States, recall] attorneys may have committed other violations of the duty of candor, including a potential failure to advise the court that an ATF agent who testified in this case may have been threatened by another witness during the trial. The taped communication states that defendant’s counsel ordered the agent in question not to communicate the threat to the court and stated that there would be repercussions if the agent did not follow counsel’s instructions. This matter has since been referred to the Office of Professional Responsibility (OPR) at the Justice Department.

Notice that. However,

legal filings show that the agency soon suspended its investigation, saying it would wait to hear what Judge Allegra finds.

This is Eric Holder’s OPR, recall. It suspended the investigation which the judge had explicitly requested be carried out, not a file folder created and then…HIAed.

Unfortunately, the judge has no recourse other than the one he took: to address the matter to…Eric Holder. He did, though, bar the seven defense attorneys from appearing further in his court in connection with this case.

Fox News also asked Attorney General Eric Holder if the lawyers involved had been disciplined. The Department of Justice declined to comment.

Of course not.

The judge’s ruling can be seen here.

Immigration and Elections

Elections have consequences, a man said. Among those consequences is the shape of subsequent elections, I say.

Republicans in the new Congress are preparing their own immigration legislation, with the first batch centered on better border security and easing immigration requirements in technology, agriculture, and some other areas of interest to employers.

A question in too many minds, though, is whether President Barack Obama would veto such legislation, either because the bills might restrict his “executive actions” involving refusing to enforce existing immigration law or because, Republican.

The question is in too many minds because it might impact whether Republicans pass the legislation at all.

If the bills are good in their own right, pass them. Let Obama veto them. Shape the 2016 elections with those vetoes. Bring on the consequences of the 2014 mid-terms.

Cutting Federal Spending

Retired Federal judge and ex-US Senator (D, NY) James Buckley has an idea on this.

dismantle[] the more than 1,100 grants-in-aid programs that spend one-sixth of the federal budget on matters that are the exclusive business of state and local governments.

Those programs, which provide funding for Medicaid as well as everything from road and bridge construction to rural housing, job training and fighting childhood obesity—now touch virtually every activity in which state and local governments are engaged. Their direct cost has grown, according to the federal budget, to an estimated $640.8 billion in 2015 from $24.1 billion in 1970.

I’ve advocated elsewhere weaning the States off their Federal Medicaid grant addiction. The remaining 1,109 handouts to the States certainly should be eliminated, also. Those $641 billion compare to 2014’s Federal deficit of $483 billion. That surplus could be used to pay down (a little) our enormous Federal debt and to reverse its skyrocketing increase—a real bending of the curve.

That’s just the pecuniary fiscal cost of those programs and of the States’ addiction to them.

Because the grants come with detailed federal directives, they deprive state and local officials of the flexibility to meet their own responsibilities in the most effective ways, and undermine their citizens’ ability to ensure that their taxes will be used to meet their priorities rather than those of distant federal regulators.

Getting rid of these programs also would be a giant step toward restoring the Federalism that was, and can be again, the bedrock of our nation’s exceptionalism and greatness.

At Last, Shovel Ready Jobs

And President Barack Obama only had to break the law (and the Constitution) to find them.

The US Citizenship and Immigration Services (USCIS) agency is looking to hire 1,000 new employees to process applications pertaining to President Barack Obama’s new executive action on immigration, the New York Times is reporting.

Never mind that existing immigration law makes his Executive “Action” mandating protection from deportation of illegal entrants into the US illegal. Never mind that his Constitutional mandate, and his oath of office to take Care that the Laws be faithfully executed, make his Executive “Action” illegal.

Because, jobs. And best of all,

The new positions have salaries that range up to $157,000 a year.

That’s better than road building—and they’re indoors, too. Can’t beat that with a…stick.