NFA to investigate all forex brokers for unfair trading practices

16 Comments

NFA says it is about to launch an investigation involving all US forex brokers in order to find out whether they cheat their clients.

The National Futures Association says it will begin analyzing trades executed by its 16 member forex firms. The regulator will search for signs these firms are designing computer systems to take advantage of what’s known in the industry as “slippage” —small price movements that happen between when a customer orders a trade and when that trade is actually executed. While some slippage is normal (currency prices naturally fluctuate 24/7), the NFA will be looking to see if trades are being executed only when the currency price moves in the firm’s favor. This would indicate a firm may be violating NFA rules mandating fair business practices, says spokesman Larry Dykeman. The group can then assess fines, and in some cases may suspend or expel a firm from membership in the organization.

Those with good memory will remember that only 6 months ago Gain Capital was slapped with $459,000 fine for abusing its Virtual Dealer plugin and configuring it to unfair trading settings. The plugin was configured to accept client orders when slippage moves unfavorably against them and reject client orders when slippage goes against Gain Capital.

Virtual Dealer plugin and the likes are pure risk management and dealing programs. These programs make a good job at reducing brokers’ risk by accepting or rejecting orders without broker intervention and according to preset configuration. The main idea behind these plugins is to protect the broker from being exploited by certain traders who will try to gain pips they shouldn’t gain when they give an order hoping that by the time the order is accepted by the broker the market already moved a pip or two in their favor. This obviously makes it not trading but exploiting loops in brokers’ systems. On the other hand, brokers (some would even say that most brokers) exploit the configuration of these plugins and set them to only accept orders when the market moves against their clients thus profiting a pip or two against a client in almost every trade. When you add those pips up you get quite a nice, zero risk, daily profit for the broker. NFA is concerned exactly with this.

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16 Comments on this post

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  1. Concerned Trader said:

    I think you are fundamentally mistaken about the purpose and mechanism of the “Virtual Dealer” plugin.

    Traditionally, the business risk of a market maker maintaining liquidity is being managed via the spread and via commissions. In natural, non-manipulated markets if the price moves fast then the spread will widen to express the increased risk to the broker.

    If an NFA registered Forex broken claims irrealistically low currency spreads for marketing purposes (some even go so far as to claim and “guarantee” fixed spreads!) but then uses Virtual Dealer or similar software techniques to “manage risk” (i.e. to increase the spread artificially!) then that broker is bona fide dishonest.

    This has nothing to do with retail traders “abusing” fast market moves. Fast moving markets are risky, full stop – and the abuse is the claim by some brokers that spreads are always low or always fixed.

    The NFA is well within its rights to investigate such market manipulation practices.

    January 20th, 2011 at 8:27 am
  2. Michael Greenberg said:

    you completely misread my post and missed the purpose of the plugin. Its first and foremost purpose is to ensure that client orders are accepted or rejected within a preset set of rules. Whether this is abused in order to ‘cheat’ clients is entirely up to the specific broker. The plugin is flexible and allows many types of rules – whether they are fair or not to the client. NFA will check this configuration with all brokers.
    Regarding fixed spreads, you may want to read my explanation about market makers, ECN and STP brokers published last year. Only market makers can guarantee fixed spreads, it’s quite simple to be honest.

    January 20th, 2011 at 11:29 am
  3. Concerned Trader said:

    Michael,

    On Forex market makers cannot genuinely guarantee ‘fixed spreads’. If they did so they’d open themselves up to the risk of losing a fair amount of money on the interbank market.

    The reason is very simple: unlike traditional market makers on say the NASDAQ (who genuinely ‘own’ that particular instrument’s market and control the liquidity and match traders), Forex MM retail brokers are not really ‘making’ the Forex market – even the largest Forex retail brokers are a very small portion of the huge Forex market!

    This is a very fundamental difference between stock market makers and Forex ‘market maker’ retail brokers.

    Price swings of currency pairs are out of their control and they come from the outside. Any wild move from the outside opens them up to the risk of having their temporary MM inventory positioned in the wrong direction.

    There’s really just two solutions to that problem, physically: either do not try to make a market (have no inventory) but be a proxy to connect clients to big institutional pools of liquidity (the ECN and the SPT models) and let them be exposed to natural properties of liquidity (occasional wider spreads), or make a market but cheat when it comes to ‘fixed spreads’.

    I have yet to trade with a single Forex MM broker that can guarantee fixed spreads without at least one of these techniques:

    – artificial order execution delays (a form of slippage)
    – rejected orders (requote/RAQ/etc.)
    – trades undone after the fact
    – traders who regularly trade when the market actually moves being banned

    Virtual Dealer does the latter: it delays or slips orders to an inferior price level, to implement a different fill price from what was quoted to the client. As such it in essence implements a ‘virtual spread’, without that true spread visible in the stream of quotes.

    If a broker does not try to offer fixed spreads then it does not need the Virtual Dealer plug-in either: the spread it gets from its bank liquidity pool(s) plus the spread mark-up covers the risk plus the cost of business and its honest profit.

    Using Virtual Dealer to in essence fake a ‘highly liquid’ quote stream to the client, while in reality not guaranteeing to truly execute that quote stream during fast interbank price moves is dishonest – regardless of the parameters.

    It’s basically: ‘we guarantee execution at fixed spreads, except in situations when you really need that fixed spread’.

    In other words, when Virtual Dealer is combined with fixed spreads it’s a dishonest practice – regardless of how the parameters are set.

    Do you know of any settings of Virtual Dealer that are legitimate and could you please outline those uses in concrete terms?

    January 20th, 2011 at 4:12 pm
  4. Michael Greenberg said:

    We are probably arguing the same thing but using different terms. When I say fixed spreads I mean that a broker displays a constant spread between Bid and Ask most of them time. For instance when there’s 2 pips spread on EURUSD. These spreads tend to significantly change (widen) during fast and volatile markets but that doesn’t happen too often. This is opposed to variable spread brokers who show different spread all the time depending on market liquidity.
    Fixed spread is a guarantee that you trade with a market maker however variable spread doesn’t guarantee that you trade with a pure STP/ECN broker. The market being what it is, most brokers choose to keep some of the deals in house even if they claim being STP/ECN/Agency/whatever model.

    What Virtual Dealer is used in most of the cases is what you described – I do not argue that but I’m saying that it can, and should, be set-up to trade fairly with clients. Virtual Dealer plugin and the likes are used to ensure broker doesn’t accept orders the price of which has already moved. Most broker calibrate it in the way you described. I guess it’s the same argument whether or not sell knives.
    Legitimate settings of virtual dealer are simple – accept and reject orders on same terms, for instance when market moved more than 2 pips in any direction. What most brokers do, and we have Gain’s illustrious example, is configure it to reject any order if the market moved against the broker but to accept any order if the market moved against the trader.

    January 21st, 2011 at 3:27 am
  5. Asaf said:

    God bless the NFA.

    It’s going to be interesting to see what the outcome is.

    – Asaf.

    January 21st, 2011 at 10:27 am
  6. Al said:

    Glad to hear the NFA taking a leading role to investigate any unfair practices by the brokers.

    This creates a trust between the brokers and their clients.

    January 22nd, 2011 at 3:04 pm
  7. Anon said:

    I was looking forward to reading your take on 4XP, in light of the recent news coming out of Israel. Not NFA related but still relevant IMO.

    January 25th, 2011 at 7:58 am
  8. Michael Greenberg said:

    Welcome back from the dead… I was about to write something about it back Yohay has beat me to it: http://www.forexcrunch.com/seizure-order-against-forex-place/

    January 25th, 2011 at 10:07 am
  9. Anon said:

    Cheers, will head over there now.
    Your thoughts on the issue?

    January 25th, 2011 at 11:39 am
  10. Michael Greenberg said:

    i prefer not to deal with certain topics, if you know what i mean…

    January 25th, 2011 at 12:42 pm
  11. Anon said:

    Fair enough, there are more important things to consider anyhow!

    January 25th, 2011 at 6:24 pm
  12. the truth said:

    Just goes and shows that all FX companies are the same. Essentially they’re all selling the same koolaid. Just find it comical how FXCM puts soo much money on “training” its clients when the whole time they’re trading against them. If NFA really cared about “the clients” we’d see many many many more fines; however, they’re for profit…

    AND IF you think all FX brokers are different you’re wrong. FXSol lets you open up trades that you dont have the margin for and closes you out right after you get in….HOW THE F is this fair? Wake up regulators!!

    January 26th, 2011 at 7:12 am
  13. Goncalo said:

    In the background of the whole issue, there is a growing amount of experienced traders who regularly win in this market. For market makers the business is not so easy as it was in the first half of the last decade (although the same can be said for traders as well).

    The fact that market makers are being investigated is partly because the technological sophistication they have put in place to compensate the risk of creating a market for a growing mass of experimented traders.

    January 26th, 2011 at 7:54 am
  14. Michael Greenberg said:

    although they may make less on average from a single player they still make more now because many more players participate, don’t worry about the broker Goncalo, they are always happy…

    January 26th, 2011 at 9:08 am
  15. Bill said:

    First the NFA completely kills off the the US Forex market place…now they want to make sure it’s trading fair. Why didn’t they police the brokers…and leave hedging and leverage untouched…

    January 26th, 2011 at 4:09 pm
  16. Michael Greenberg said:

    yep i agree, traders need to make their own decisions (what trades to make, what leverage to use, what brokers to choose) while knowing that brokers are fair and transparent. nfa tried to do a little of both, as usual it turned out to be a bad idea…

    January 26th, 2011 at 4:12 pm

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