It's important to understand that the NYSE, as a Self-Regulatory Organization...
Has created enforcement parameters that circumvent Laws passed by Congress...
Such as the various "Securities Acts" of the early 30s.
"Backing away" is a perfect example. It means posting a bid/offer and then withdrawing it when someone tries to get a fill.
This is illegal because it's a very blatant form of market manuipualtion.
If you go to the NYSE web site...
And start reading through "enforcement actions"... a shocking realization emerges.
Specialists are graded on the PERCENT OF TIME that they "back away".
If you "back away" less than about 3% of the time...
You are a fine chap and "in compliance".
In other words, if you only rape 3% of the women you date...
Then you are a certified pillar of society.
So in ANY given situation versus me or for any reason...
The Specialist can break virtually any law passed by Congress...
As long as he rapes his customers less than about 3% of the time.
There is a name for this... Organized Crime.
That's why Dick Grasso and a 100 others should be in jail.
But SEC has too many conflicts of interest with the NYSE to do much...
So takes a lone cowboy like Spitzer to take on the Bad Guys... and do what he can.
rm+
