Dave Lauer Profile picture
Oct 28 13 tweets 3 min read
Here’s a disturbing - but not surprising - thing I heard this week. A reliable source told me that a Republican rep recently heard from his constituents - YOU all - about Gamestop. The people had concerns about shorting, PFOF and internalization, and all the craziness in markets.
The rep went to one of the most senior Rs in the House and said "my constituents care about fairness in markets, what can we do about that?" He was told to FORGET about it because of their donors: "you don't want to mess with these people. You don't know what you're wading into.”
Gee, I wonder who that was? This is what we're up against - they will spend huge amounts of money, they will make massive political contributions, all to protect the golden goose and fight the changes that are coming from the SEC.
I said this in February, and it's been unfolding for several months now. There is a full-court press taking place right now across the board - in the press, through massive political contributions, delay tactics, and intense pressure behind the scenes.
Hit pieces. Manipulation of statistics. Questionable studies justifying internalization and ignoring the real issues. The constant denigration of opponents and ad hominem attacks towards us as "political" and "populist" without engaging on any substance.
They mock us because they know we're right. They don't engage on substance, because they know they'll lose. They pretend they're just trying to improve markets, but their greed and hypocrisy is clear as day.
These firms aren't trying to improve markets and make them more efficient. They're not making arguments based on anything objective. They simply want to maximize their own profits and their annual bonuses.
They find people who have been making these same arguments we make their entire careers, and pay them a ton of money to start making the opposite argument. They fund industry panels to make it look like the industry is opposed to market structure change.
They will spread negativity about the SEC, they will try to dissuade you from the commenting process, and question the motives of those trying to make changes. There are already bots on social media doing this, and stirring up FUD. Image
The most transformational changes in markets in nearly 2 decades are going to be proposed in just a couple of weeks. These changes will transform how and where trading takes place. These changes will undo the damage regulators did in the past...
The incumbent rent-seekers will gaslight you into thinking the upcoming changes do the opposite - that these changes pick the winners, because these powerful firms are TERRIFIED of having to compete on a level playing field. There should be little doubt what we'll be up against.
You might be cynical or tired of everything at this point - I don't blame you. But never lose sight of 1 thing - that's exactly what they want. They don't want you to trust the SEC. They don't want you to comment or fight. They want you to shut up & continue to be their product.
#WeTheInvestors are here to stay. We're going to fight this every step of the way. We're fed up with this inefficient, concentrated, opaque, corrupt market structure, and we're done letting the rent seekers design markets.

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More from @dlauer

Oct 6
Ok, so often when you bring up naked shorting and FTDs with anyone in the industry, they will say that it used to be a problem but Reg SHO fixed it. The claim is always that this is not happening anymore because of robust compliance and enforcement. UBS would like a word...
This week UBS was fined $3M in two actions by FINRA and censured. The actions were straightforward, they did not properly close out FTDs. They sold stock that they did not have, and then they did not deliver that stock. FOR NINE YEARS.
finra.org/sites/default/…
This is an interesting glimpse into a firm that is clearly trying to circumvent the rules. For example, they counted certain shares that they should not have as offsetting shorts and eliminating delivery obligations. They pretended limit orders & non-executed VWAPs satisfied FTDs
Read 10 tweets
Sep 8
Seems like a good time to revisit the IMC enforcement case. I've seen two main reactions to this:
1) None. The press appears uninterested, industry wants to sweep it under the rug.
2) Why was the fine so small? This is just a cost of doing business.
I want to focus on #1.
The PFOF industry wants this case to be swept under the rug because it's a really big deal. This is essentially the SEC declaring that OTC "market making" is not eligible for the locate exemption under Reg SHO - they are not engaged in "bona fide market making." Image
As a quick reminder, in January I made a point along these lines - Citadel and Virtu are not "market makers." They are high-speed speculators. What they do is not bona fide market making, and should not be treated as such.
Read 9 tweets
Aug 15
In US markets, market makers are allowed to sell stock short without having located shares before doing so. This exemption to Reg SHO's locate requirements is ripe for abuse, and the @SECGov has just fined IMC $125k for abusing this exemption.
sec.gov/litigation/adm…
@SECGov To qualify for such an exemption, you must be a "bona fide market maker" which in itself is a relatively outdated concept. Market makers don't have affirmative obligations anymore, and it's questionable whether they even need this exemption.
@SECGov What's pretty important about this case is that it specifically identifies IMC's activities in its SDP (Single Dealer Platform), and says that those activities do not qualify for the exemption. IMC executed "millions of short sales" without borrowing or locating shares.
Read 6 tweets
Aug 4
I think this is something a lot of industry pros are missing. Retail has completely changed the game in markets. The relationship between issuers and investors is being transformed, and part of that is spillover from web3 -> tradfi. This has far reaching consequences.
Crypto and web3 have created (or brought back, depending on how you look at it) a decentralized and direct ownership model. Retail investors who are directly registering their shares are bringing that mindset into securities markets.
Imagine this - most public, listed companies DON'T EVEN KNOW WHO THEIR SHAREHOLDERS ARE. They have no line of sight or visibility into them, except for the big institutions who hold shares directly. Retail investors have traditionally been an afterthought. Not anymore.
Read 7 tweets
Aug 1
Sounds like the GME stock split/dividend has completely destroyed some brokers back-office systems - I keep hearing about the nightmare of dealing with TDA. Also sounds like overseas brokers are having serious problems, and German brokers are struggling getting shares to people.
My opinion is that at this point, it's a bit late in the game. If you still haven't received your shares, it's time to get concerned. For US brokers, you should push hard to get to someone senior who can help. Overseas it's less clear to me what your options are.
People keep asking me whether this is the first split-as-dividend & why brokers are having such problems. It's not the first, but it's also not normal - very much an edge case. And PFOF brokers usually don't invest in any tech that doesn't result in their customers trading more.
Read 5 tweets
Jul 29
IEX and the SEC have won their case on the d-limit order type!
BREAKING: Citadel does not represent retail investors.
This is a HUGE deal. Massive win for @IEX and retail/institutional investors. This is exactly what we were hoping for last year when we covered the trial and made sure our voices were heard.
Read 6 tweets

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