December 11th, 2003, 8:18 pm
QuoteOriginally posted by: abumazenQuoteOriginally posted by: RookieQuant(which FDAX aptly labeled fraud).How is this fraud, what is the text of the fraudulent promise? . . . Stale pricing refers to two seperate things . . .1) stale prices= timezone arbeurope closes at noon NY time, but AMERICAN funds that hold euro stocks allow one to put in orders till 4pm. [that 4pm is in the prospectus] . the price you trade a fund at is the 4pm fixing, wheather you submit an oder at 1pm or 4pm.so one watches the S+P from noon till 358pm, and if its up enough, one puts in a web buy with charlie schwab to buy one of the many euro-mutual-funds from the fuind store, acomplishing this at 359pm, just under the 4pm deadline. the theory is that europe will rally the next day in sympathy to NY's late afternoon rally [the theory is that an afternoon rally in NY is "unpriced" news in the euro-fund] there is NOTHING illegal about what i've just described. But eventually, schwab says that they wont execute your trade anymore., cause the fund objects to timersHowever, some fund companies, WHILST STATING IN THIER PROSPECTUS THAT THEY DIDNT WANT FUND TIMERS, would aloow "big players" [i.e. larger than the $100k schwab customer], to time thir funds, in exchange for big fees being paid to the funds in terms of parking assets in the fund family, or in the case of BofA, borrwing money at above market rates to finance the fund trades. Spitzer held that these special considerations violated a fiduciary responsability, NOT BECAUSE BIG GUYS GOT DIFFERENT TREATMENT THAN LITTLE GUYS, but becuase these side deals ran contrary to the prospectus and werent offered toeveryone2) stale prices = late tradingrecall that the 4pm deadline is fixed by prospectus. Some order agregators would accept orders as late as 9pm, AND REPORT TO THE FUND THAT THE ORDER BEAT THE 4PM DEADLINE. ie. they "back timestamped" trades. that is clearly illegal, wheather it is for a stockbroker executing an order for a dentist in Duluth on a single stock, or a local on the NYMEX executing an oil futures order, or an institutional broker executing an OTC order for a hedge fund.Canary also had side deals other than the late executions [like a daily list of stocks in the funds that was unavailable to other fund holders]
Last edited by
tonyc on December 10th, 2003, 11:00 pm, edited 1 time in total.