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1996-08-12
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[IMAGE]
SEC Announces Settlement With NASD and
Issues Report of Investigation
_________________________________________________________________
FOR IMMEDIATE RELEASE
96-99
Text Reformatted 8-9-96
Washington, D.C., Thursday, August 8, 1996 -- The U.S. Securities and
Exchange Commission today found that the National Association of
Securities Dealers, Inc. ("NASD") failed to enforce compliance with
its own rules and the federal securities laws. The findings were set
forth in a Report of Investigation regarding the NASD and the Nasdaq
market. The SEC simultaneously announced the institution of an
administrative enforcement proceeding and the NASD's consent, without
admitting or denying the Commission's findings, to the entry of an
order censuring the NASD. The Order notes that in lieu of a financial
penalty, the NASD has committed to spend an aggregate $100 million
over the next 5 years to enhance enforcement, surveillance, and
examination of Nasdaq trading rules. The NASD also has been ordered
to:
* adopt a rule explicitly prohibiting improper market maker
coordination;
* design and implement a state-of-the-art audit trail to provide for
better surveillance of trading rules;
* improve surveillance and enforcement of trade reporting
violations;
* improve surveillance and enforcement of backing away violations,
including the establishment of a complaint center to respond
immediately to backing away complaints;
* improve the surveillance and examination of order handling to
ensure that customer orders are executed appropriately;
* establish objective membership admission standards;
* provide for greater involvement by representatives of the public
and other NASD constituencies on the NASD's Boards and policy
committees;
* insulate the NASD staff from the commercial interests of NASD
members;
* establish an effective, independent internal audit office
reporting solely to the NASD's Board of Governors;
* establish professional hearing officers for disciplinary hearings
* retain an independent consultant to report to the Board of
Governors and the Commission on compliance with these
undertakings.
As discussed in the Report, the Commission's investigation found that
the Nasdaq market did not consistently operate in an open and freely
competitive manner. Nasdaq market makers engaged in a variety of
abusive practices to suppress competition and mislead customers. As
the primary regulator of the Nasdaq market, the NASD failed to carry
out its obligations to oversee the market and the conduct of its
market makers.
* Nasdaq market makers widely followed an anticompetitive pricing
convention in which many securities were quoted only in
even-eighths (i.e., $1/4, $1/2, $3/4, and 0). As a result, these
securities were quoted with minimum inside spreads of $1/4,
thereby increasing the transaction costs paid by many investors
when buying or selling those stocks. This pricing convention was
generally treated by market makers as an ethic, tradition, or
professional norm that other market makers were expected to
follow, and was sometimes enforced through intimidation and other
conduct. The NASD failed to investigate the pricing convention and
other allegations of market maker improprieties even though the
NASD was aware of these practices since at least 1990.
* The investigation found that numerous market makers coordinated
their quotes, transactions, and trade reports in ways that misled
the market and disadvantaged their customers and other market
participants.
* The NASD failed to vigorously enforce significant rules applicable
to its market makers. Numerous market makers failed to honor their
quotations and repeatedly failed to report their trades on time,
as required by SEC and NASD rules. Certain market makers also
refused to honor their trades in a discriminatory fashion against
disfavored market participants such as options traders, competing
specialists, shortsellers, and others. The NASD's surveillance and
enforcement of these important market integrity rules was
inadequate. Certain other rules applicable to market makers and
other major NASD member firms (including the MSRB's ban on
political contributions to obtain municipal bond underwritings)
also were not adequately enforced.
* The investigation found that Nasdaq market makers unduly
influenced the NASD's regulatory processes including rulemaking,
enforcement, and membership admissions.
Related Information
* Statement by Chairman Arthur Levitt Regarding NASD
* Report Persuant to Section 21(a) of the Securities Exchange Act of
1934 Regarding the NASD and the NASDAQ Market
* Appendix to the Report (TEXT REVISED 8-9-96)
+ Figure 1: Market Maker Quotes for All Domestic NMS Stocks
With Dealer Spreads Less Than $3/4: 12/1/93 - 5/23/94
+ Figure 2: Market Maker Quotes for All Domestic NMS Stocks
With Dealer Spreads $3/4 or Greater: 12/1/93 - 5/23/94
+ Figure 3: Market Maker Nasdaq Quote Updates - All Domestic
Nasdaq NMS Stocks
+ Figure 4: Market Maker Instinet Quotes - All Domestic Nasdaq
NMS Stocks
+ Figure 5: Percent of All Domestic Nasdaq NMS Stocks Following
Pricing Conventions
* Administrative Proceeding Order [Release No. 34-37538]
_________________________________________________________________
http://www.sec.gov/news/nasd.htm
Last update: 08/12/96
_________________________________________________________________
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