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Why I Avoid Using Stop-Loss Orders

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I haven’t been posting here for a while because I have been busy writing about the stock market at the Wall Street Sector Selector website.

Within three months after I first started this blog, I began criticizing the permissive attitude taken by the Securities and Exchange Commission toward predatory securities trading tactics.

Since that time absolutely nothing has changed.  In fact, the SEC has allowed the stock market to become an even more dangerous place for “retail investors” (mom and pop) to keep their life savings.

The use of “limit orders” has become a joke.  The only reason for using a limit order is to let your enemies (the predatory traders) know the maximum extent to which you will allow yourself to be screwed on a trade.  Since July of 2009, I have discussed the threat posed to retail investors by the use of High-Frequency Trading (HFT) systems.  Computers – programmed with predatory algorithms – can engage in “computerized front-running” through the use of “flash orders” to force your own limit order to be executed at its most extreme expense to you.  I discussed this situation in more detail on May 18, 2010.

I rarely use “stop loss” orders.  They are used by investors to limit their loss if a stock price sinks.  The investor specifies a stop price (based on a percentage of the purchase price which is the maximum amount the investor is willing to lose on the stock).  If the stock eventually drops to the price in the stop order, the transaction is initiated and the order goes out to the exchange as a market order – to be filled at the best available price at the time.  In other words, there is no guarantee that the order will be filled at the price specified in the stop order.  In the “flash crash” on May 6 of 2010, many investors lost their shirts because their stop orders were executed and by the time the investors tried to repurchase the stocks, the prices rebounded to where they were before the flash crash.  Worse yet, by the time their stop orders were actually filled, the stock prices had dropped tremendously.  Not only did those investors lose money on the stop orders for no good reason – but many chose to buy back their stocks at the pre-crash prices.  As a result, they lost twice as much money just because of an emotional attachment to the stock.  (Emotional attachment to a particular stock is a bad investment habit.)  Since that time, a number of “mini flash crashes” have been engineered by predatory traders on particular stocks, forcing investors off their positions to take losses, which ultimately benefit the predators, who use stealthy tactics to reap those profits without being caught.

Maureen Farrell recently wrote an interesting piece for CNNMoney about the consequences of  “mini flash crashes”.  Here is some of what she had to say:

Stock exchanges have explicit rules for canceling “clearly erroneous trades” and for triggering so-called circuit breakers that halt trading.  None of the trades mentioned in this story met that criteria.

Generally, trades can be canceled if they fall 5% to 10% from the last trade, but the rules vary, depending on the market cap of a company and its trading volume.

Investors still have to notify the exchange within 30 minutes if they want their trade to be canceled.

And because many of the wild swings aren’t extreme enough to be considered “clearly erroneous,” individual investors may not even be aware that certain trades are being executed.

Although the article noted that “(t)he SEC continues to make changes to try to combat the frequency and impact of the mini flash crashes”, there is apparently nothing being done by the SEC to prevent the predatory engineering of those crashes.  The SEC is apparently doing nothing to allow investors to unwind trades triggered by those crashes.  More important, the SEC is doing nothing to track down and prosecute the culprits responsible for engineering and profiteering from these events.

Wall Street needs a new Sheriff.


 

Congressional Sleaze In The Spotlight

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Last February, I wrote a piece entitled, “License To Steal”, concerning a certain legal loophole which allows members of Congress to trade stocks using “insider information”:

On January 26, 2009, Congressman Brian Baird introduced H.R.682, the “Stop Trading on Congressional Knowledge Act” (STOCK Act).  The bill was intended to resolve the situation concerning one of the more sleazy “perks” of serving in Congress.  As it presently stands, the law prohibiting “insider trading” (e.g. acting on confidential corporate information when making a transaction involving that company’s publicly-traded stock) does not apply to members of Congress.  Remember how Martha Stewart went to prison?  Well, if she had been representing Connecticut in Congress, she might have been able to interpose the defense that she was inspired to sell her ImClone stock based on information she acquired in the exercise of her official duties.  In that scenario, Ms. Stewart’s sale of the ImClone stock would have been entirely legal.  That’s because the laws which apply to you and I do not apply to those in Congress.  Needless to say, within six months of its introduction, H.R.682 was referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties where it died of neglect.  Since that time, there have been no further efforts to propose similar legislation.

At a time when the public is finally beginning to understand how our elected officials are benefiting from a system of “legalized graft” in the form of campaign contributions, more attention is being focused on how the “real money” is made in Congress.  A new book by Peter Schweizer – Throw Them All Out – deals with this very subject.  The book’s subtitle is reminiscent of the point I tried to make in my February posting:  “How politicians and their friends get rich off insider stock tips, land deals and cronyism that would send the rest of us to prison”.

Peter J. Boyer wrote an article for Newsweek, explaining how Peter Schweizer came about writing this book.  Schweizer is the William J. Casey research fellow at the Hoover Institution and as Boyer pointed out, Schweizer is considered by liberal critics as a “right wing hit man”.  It’s nice to see someone from the right provide us with an important treatise on crony capitalism.  The book exposes insider trading by both Democrats and Republicans – hell-bent on profiteering from the laws they enact.  Boyer’s essay provided us with some examples of the sleazy trades made by Congress-cretins, as described in Throw Them All Out.  Here are a few examples:

Indeed, Schweizer reports that, during the debate over Obama’s health-care reform package, John Boehner, then the House minority leader, was investing “tens of thousands of dollars” in health-insurance-company stocks, which made sizable gains when the proposed public option in the reform deal was killed.

*   *   *

One of the more dramatic episodes in the book recounts the trading activity of Republican Rep. Spencer Bachus, of Alabama, who, as the ranking member of the House Financial Services Committee, was privy to sensitive high-level meetings during the 2008 financial crisis and proceeded to make a series of profitable stock-option trades.

Bachus was known in the House as a guy who liked to play the market, and in fact he was pretty good at it; one year, he reported a capital gain in excess of $150,000 from his trading activities. More striking is that Bachus boldly carried forth his trading in the teeth of the impending financial collapse, the nightmarish dimensions of which he had learned about first-hand in confidential briefings from Treasury Secretary Henry Paulson and Fed chairman Ben Bernanke.  On Sept. 19, 2008, after attending two such briefings, Bachus bought options in an index fund (ProShares UltraShort QQQ) that effectively amounted to a bet that the market would fall.  That is indeed what happened, and, on Sept. 23, Bachus sold his “short” options, purchased for $7,846, for more than $13,000—nearly doubling his investment in four days.

Around the time Congress and the Bush administration worked out a TARP bailout, Bachus made another options buy and again nearly doubled his money.

*   *   *

After the first briefing from Bernanke and Paulson, brokers for Democratic Congressman Jim Moran, of Virginia, and his wife sold their shares in 90 companies, dodging the losses that others who stayed in the market would soon face. Republican Rep. Shelley Capito, of West Virginia, sold between $100,000 and $250,000 of Citigroup stock the day after the first meeting, recording capital gains on Citigroup transactions in that rocky period.

Peter Schweizer’s analysis of the bipartisan culture of corruption on Capitol Hill reinforces one of my favorite criticisms of American government:  Our Sham Two-Party System.  The Republi-Cratic Corporatist Party owes its allegiance to no population, no principle, no cause – other than pocketing as much money as possible.  Just as there have been some recent “pushback” efforts by outraged citizens, Schweizer is now advocating a “Throw Them All Out” campaign.  This could have a potentially significant impact on Congress, because the term of office in the House of Representatives lasts for only two years.  Consider Schweizer’s thought at the close of the Newsweek piece:

“I was troubled,” he says, “by the fact that the political elite gets to play by a different set of rules than the rest of us.  In the process of researching this book, I came to the conclusion that political party and political philosophy matter a lot less than we think.  Washington is a company town, and politics is a business. People wonder why we don’t get more change in Washington, and the reason is that the permanent political class is very comfortable.  Business is good.”

I concluded my February 28 posting with this point:

“Inside information” empowers the party in possession of that knowledge with something known as “information asymmetry”, allowing that person to take advantage of (or steal from) the less-informed person on the other side of the trade.  Because membership in Congress includes a license to steal, can we ever expect those same individuals to surrender those licenses?  Well, if they were honest  .   .   .

A successful “Throw Them All Out” campaign would obviate the necessity of attempting to convince this Congress to pass the “Stop Trading on Congressional Knowledge Act” (STOCK Act).  If the next Congress knows that its political survival is depending on its passage of the STOCK Act, we might see it become law.


 

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Pay Close Attention To This Man

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January 11, 2009

For several years, I have enjoyed following MSN’s Strategy Lab competition.  Strategy Lab is a stock-picking challenge.  They select six contestants: some seasoned professionals, some amateurs and occasionally, one of their own pundits.  Each contestant manages a mock, $100,000 portfolio for a six-month period.  Sometimes, the amateur will out-play the pros.  I always enjoy it when the “conventional wisdom” followed by the investing herd is proven wrong by a winning contestant, who ignores such dogma.

Our current economic situation requires original thinking.  Following the conventional wisdom during an unconventional economic crisis seems like a path to failure.  While checking in on the Strategy Lab website, I noticed an original thinker named Andrew Horowitz.  Mr. Horowitz is a contestant in the current Strategy Lab competition.  He is the only player who has made any money at all with his imaginary $100,000.  Andrew’s portfolio has earned him 13.44 percent as of Wednesday, January 21.  His competitors have been posting dismal results.  One of the regulars, John Reese (nicknamed “Guru Investor”) is down by 41.55 percent.  I think I’ll steer clear of his ashram.  The others currently have losses roughly equivalent to Andrew’s gains.

Andrew Horowitz is the president and founder of Horowitz & Co., an investment advisory firm serving individual and corporate clients since the late 1980’s.  He has written a book, entitled:  The Disciplined Investor.  It is focused on his experiences and what he has learned from twenty years in the investment advisory business.  He has been featured and quoted regularly in the media, including such publications as The Wall Street Journal, The Financial Times, Bloomberg, Barron’s and Reuters.  He also has a blog website with the same name as his book:  The Disciplined Investor.

His recent article for MSN caught my attention.  It is entitled:  “Why invest in this market anyway?” He began this journal entry discussing a “consider the source” approach to evaluating the advice given by those currently encouraging people to buy stocks now, while they are “cheap”.  His “where do we go from here” discussion resonated with my belief about where the stock market is headed:

The fourth-quarter earnings season kicked off with little fanfare last week and a great deal of bad news.  Many have asked if there is a light at the end of this tunnel.  My reply:  Sure there is, but it’s the headlights of a speeding 18-wheeler coming straight for us.  We have the choice of getting run over or stepping aside.

This is not a popular commentary.  I know that many investors would prefer to hear all about opportunities to make money on the “upside,” but until there is one shred of good news, I refuse to throw my hard-earned money into a bonfire just to watch it be incinerated.

Mr. Horowitz also made a point of emphasizing something we don’t hear often enough from those media darlings entrusted to preach the gospel of the brokerage firms:

With all the talk of change coming from our government officials, it is evident that if things continue down this path the only thing that will be left in our pockets is change.  It’s as if investors are waiting for something incredible and magical to be said, but there is only so much that words can accomplish.  Americans need action, assistance and reform in the banking system.

In an era when we are bombarded with investing advice from a multitude of “experts” appearing on television and all over the internet, it becomes difficult to distinguish a good signal from all of the noise.  One’s ability to give good investment advice in a bull market does not necessarily qualify that person to be a reliable advisor in the current milieu.  The performance by Andrew Horowitz in the Strategy Lab competition (so far) underscores the value of that old maxim:  “Money talks and bullshit walks”.  I’ll be paying close attention to what he has to say as we make our way through the treacherous economic times ahead.