The Stock Exchange from WithinVan Antwerp, William C. (William Clarkson)
History
The Stock Exchange from Within
Van Antwerp, William C. (William Clarkson)
New York Stock Exchange; Stock exchanges
The second kind of manipulation mentioned is undoubtedly open to
serious criticism. It has for its object either the creation of high
prices for particular stocks, in order to draw in the public as buyers
and to unload upon them the holdings of the operators, or to depress
the prices and induce the public to sell. There have been instances
of gross and unjustifiable manipulation of securities, as in the case
of American Ice stock. While we have been unable to discover any
complete remedy short of abolishing the Stock Exchange itself, we are
convinced that the Exchange can prevent the worst forms of this evil
by exercising its influence and authority over the members to prevent
them. When continued manipulation exists it is patent to experienced
observers.
“WASH SALES” AND “MATCHED ORDERS”
In the foregoing discussion we have confined ourselves to bona fide
sales. So far as manipulation of either class is based upon fictitious
so-called “wash sales,” it is open to the severest condemnation, and
should be prevented by all possible means. These fictitious sales
are forbidden by the rules of all the regular exchanges, and are not
enforceable at law. They are less frequent than many persons suppose.
A transaction must take place upon the floor of the Exchange to be
reported, and if not reported does not serve the purpose of those who
engage in it. If it takes place on the floor of the Exchange, but is
purely a pretence, the brokers involved run the risk of detection and
expulsion, which is to them a sentence of financial death. There is,
however, another class of transactions called “matched orders,” which
differ materially from those already mentioned, in that they are actual
and enforceable contracts. We refer to that class of transactions,
engineered by some manipulator, who sends a number of orders
simultaneously to different brokers, some to buy and some to sell.
These brokers, without knowing that other brokers have countervailing
orders from the same principal, execute their orders upon the floor
of the Exchange, and the transactions become binding contracts; they
cause an appearance of activity in a certain security which is unreal.
Since they are legal and binding, we find a difficulty in suggesting a
legislative remedy. But where the activities of two or more brokers in
certain securities become so extreme as to indicate manipulation rather
than genuine transactions, the officers of the Exchange would be remiss
unless they exercised their influence and authority upon such members
in a way to cause them to desist from such suspicious and undesirable
activity. As already stated, instances of continuous manipulation of
particular securities are patent to every experienced observer, and
could without difficulty be discouraged, if not prevented, by prompt
action on the part of the Exchange authorities.
CORNERS
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