[HN Gopher] SEC Charges S&P Dow Jones for Failures Relating to V...
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       SEC Charges S&P Dow Jones for Failures Relating to Volatility-
       Related Index
        
       Author : epa
       Score  : 122 points
       Date   : 2021-05-17 19:01 UTC (3 hours ago)
        
 (HTM) web link (www.sec.gov)
 (TXT) w3m dump (www.sec.gov)
        
       | gregwebs wrote:
       | There is a new XIV-like ETF just launched called SVOL. It reduces
       | the exposure level and hedges risk with options (XIV ended up
       | collapsing!).
       | 
       | https://www.simplify.us/blog/volatility-premium-harvesting-r...
        
       | Black101 wrote:
       | Penny stocks often have unreal bid/asks after-hours and they are
       | completely fake... could they do something about that too?
       | 
       | As an example for today, look at ALPP... bid: $2.00, ask: $7.00
       | ... but is is messed up across the board... the real price is
       | around $3.70
       | 
       | And I wish that they would also regulate cryptos because a couple
       | of days ago the spread was $1000 on BTC so I tried to make some
       | money but after I bought with Coinbase, they would not let me
       | sell.
        
         | gruez wrote:
         | >a couple of days ago the spread was $1000 on BTC
         | 
         | Are you using coinbase or coinbase pro? The former gives much
         | worse spreads than the latter, because coinbase is acting as
         | the counterparty. I can't be bothered to check coinbase's
         | spread right now (captcha wall) but on coinbase pro the spread
         | is one cent. https://i.imgur.com/uZHDy4X.png
        
         | smabie wrote:
         | Why is a wide spread fake? Market makers adjust width based on
         | market conditions, nothing wrong with that.
         | 
         | Regarding the CB $1000 spread, it occured due to an exchange
         | outage I believe.
        
           | Black101 wrote:
           | > Regarding the CB $1000 spread, it occurred due to an
           | exchange outage I believe.
           | 
           | Why would they let you buy and not sell? I bought and tried
           | to sell and it didn't work so I bought again and tried to
           | sell again and it still would not work... Coinbase is very
           | manipulative so they should get regulated.
        
             | smabie wrote:
             | Why would you want to buy at the bid and then sell at the
             | offer with a $1000 spread? You would lose tons of money,
             | unless you mean you were trying to make the market at a
             | tighter spread (instead of taking).
        
             | gruez wrote:
             | >Coinbase is very manipulative so they should get
             | regulated.
             | 
             | Ironic given that coinbase is one of the more regulated
             | exchanges out there (the others being gemini and kraken).
             | You can definitely go worse, eg. bitfinex or binance.
        
       | elliekelly wrote:
       | This bug had serious real-world consequences for real people:
       | https://www.reddit.com/r/tradeXIV/comments/7vi6oa/xiv_after_...
        
         | mherdeg wrote:
         | That subreddit reminds me I've been meaning to follow up on
         | https://www.bogleheads.org/forum/viewtopic.php?t=288192
         | (outperforming the market by holding UPRO/TMF). Wish that
         | person were still disclosing their returns over time.
        
           | smabie wrote:
           | Not sure if they outperform on a risk adjusted basis but both
           | UPRO and TMF are 3x levered (55%/45% weight)
           | 
           | A more fair comparison would be like 33% UPRO and 66% TMF.
           | This would get you a portfolio that is similar to SPY, but
           | with some leveraged treasuries on top.
           | 
           | Regardless, bonds have done really well due to the drop in
           | interest rates over the last 10 years and I doubt they can go
           | any lower. Bonds will probably perform a lot worse in the
           | future, unless the fed wants to try out negative rates
           | (unlikely).
           | 
           | Also you don't need them to disclose their returns, you can
           | construct your own version:
           | https://www.portfoliovisualizer.com/backtest-portfolio
           | 
           | Edit: constructing the portfolio, it does seem to outperform
           | SPY on a risk adjusted basis, with a Sharpe of 1.25 from
           | 2010-2021. However, my caveat about bonds still stands.
        
             | quickthrowman wrote:
             | Agreed, long Treasurys has a low reward, high risk setup.
             | Particularly if you believe the inflation narrative.
        
         | [deleted]
        
         | cm2187 wrote:
         | I don't think these discussions are about the bug, but rather
         | about being wiped out by what the vix did that day.
         | 
         | Which leads me to what I think is the real fuck up. Not only
         | the index was also live during after hours, but the fixing used
         | as the basis for the formula for the next day was set at a time
         | after trading hours. I am not 100% sure but I don't think this
         | was the case when the index was initially published.
         | 
         | What that meant was that to replicate the index, the market-
         | makers of the XIV and other short-VIX ETNs had to hedge
         | themselves in after-trading hours market, i.e. in a much less
         | liquid market. And that's when the short-squeeze happened. Now
         | would that short-squeeze have happened during trading hours
         | when there was more liquidity? Possibly, you would need to ask
         | a market participant. But at the minimum it made the problem a
         | lot worse. And I am surprised no one got any heat for that.
        
           | rank0 wrote:
           | Just want to point out that a "short squeeze" is not possible
           | with these volatility ETNs. They are collateralized debt
           | instruments for which there is an unlimited supply. The
           | underlying for these products is /VX futures, which also have
           | an unlimited supply. A short squeeze happens when short
           | positions cannot be covered due to limited availability of
           | the underlying.
           | 
           | XIV collapse was caused by an unprecedented spike in the VIX
           | index.
        
             | cm2187 wrote:
             | A short squeeze also happens when you have forced buyers
             | (desperate to close their short position) with a limited
             | supply of sellers. Which is exactly what happened that day.
             | It's not the VIX index itself that caused the XIV to be
             | wiped out.
        
       | cobrabyte wrote:
       | Some people lost it all, and S&P DJI gets away with a paltry $9M
       | penalty.
        
       | ericbarrett wrote:
       | Layman question: Was there any arbitrage available to financial
       | firms during the times the VIX was stale as a result of this
       | "feature"?
        
         | Kranar wrote:
         | No because this feature is nothing more a feed that distributes
         | a numeric value, it's not a financial instrument that you can
         | trade. There are products that track the VIX that can be
         | traded, but the price of those products deviated from the value
         | published by the S&P.
         | 
         | Part of the complaint is that some people relied too much on
         | this feed and got crushed thinking there was some arbitrage
         | opportunity when there wasn't. Any remotely competent financial
         | firm that trades off of the VIX calculates their own value for
         | it.
        
           | ericbarrett wrote:
           | Hmm, thank you. But didn't that then create such
           | opportunities since there was a knowledge differential
           | between firms in the know and others (perhaps day traders)?
        
           | elliekelly wrote:
           | In this case DJI specifically licensed the VIX data to Credit
           | Suisse for the purpose of offering and listing a security -
           | XIV. You're right that there were (and are) other securities
           | that track VIX or use VIX as a component calculation but
           | what's interesting here is the SEC's focus on XIV
           | specifically. It seems the language of the data license
           | agreement (quoted and summarized in paragraph 19 of the SEC's
           | Order[1]) played a role in the SEC's decision to go after S&P
           | Dow Jones for the bad data.
           | 
           | [1]https://www.sec.gov/litigation/admin/2021/33-10943.pdf
        
             | mortehu wrote:
             | Were the other products ETNs? For an ETF like SVXY, you are
             | buying ownership of the underlying derivatives contracts.
             | For an ETN like XIV, there is no underlying instrument, and
             | you are buying exactly* the index value (which is why I
             | bought XIV after the close that night, and it did not turn
             | out well).
             | 
             | *) Subject to counterparty risk
        
       | hartator wrote:
       | I am more disappointed about the TSLA situation. Leaving this
       | company out of the SP500 until they were in the top 10 company in
       | market cap. It was a very active decision when most people would
       | assume the sp500 is a passive index.
       | 
       | [edit] For clarification, TSLA already had 4 quarters of profit
       | in September 2020 matching sp500 profit requirements but was
       | still left out on a very active decision. [1]
       | 
       | [1] https://www.bloomberg.com/news/articles/2020-09-04/tesla-
       | fal...
        
         | AlotOfReading wrote:
         | Wasn't this the result of the profit criterion, not an active
         | decision?
        
           | Kranar wrote:
           | The S&P 500 is selected by a committee vote, so every
           | inclusion is an active decision. There are hundreds of large
           | companies excluded from it for arbitrary reasons, including
           | Dell, Snapchat, Square and literally hundreds of others.
        
             | thaumasiotes wrote:
             | But your grandparent comment isn't complaining about an
             | inclusion. _Exclusion_ is almost always a passive decision,
             | as it was in this case.
        
             | astrange wrote:
             | Yes, the S&P 500 is an active index. Its ETFs are passive
             | because they only track that index.
        
           | NicoJuicy wrote:
           | Correct. To be included in the S&P you need to be average
           | quarterly profitable + your most recent quarter needs to be
           | profitable.
        
           | hartator wrote:
           | TSLA was matching the profit criterion for a while but was
           | left out because it was too dependent on gov incentives.
           | Which is fine but it is an active decision. As they are not
           | making this kind of arbitrage for other companies relying on
           | gov interventions and gov policies as well.
        
             | stonogo wrote:
             | Which companies?
        
               | pvarangot wrote:
               | Not OP but maybe the defense contractors? Raytheon,
               | Lockheed, General Dynamics and I think Teledyne are in
               | the S&P 500.
        
               | stonogo wrote:
               | Could be, but of those only Teledyne runs any real risk
               | of losing profitability status as a result of scheduled
               | ends of government incentives. I'm having a hard time
               | finding out which companies OP could be referring to.
        
         | CapriciousCptl wrote:
         | Nothing worth being upset about here; stocks aren't eligible
         | for inclusion to the S&P500 until they have a trailing 4
         | quarters of profit.
        
           | Kranar wrote:
           | This is not true, it's a recommendation but it's not a
           | requirement:
           | 
           | https://www.spglobal.com/spdji/en/documents/methodologies/me.
           | ..
           | 
           | At any rate, even if it were a requirement, Tesla satisfied
           | it at the moment that it was excluded.
        
             | CapriciousCptl wrote:
             | Well, I'm not sure what you think you see or where you see
             | it in that 45-page pdf. The S&P 1500 criteria are, for
             | instance, on page 8 and refute what you're saying. On a
             | quick glance I couldn't find the S&P 500 criteria in that,
             | again, 45-page pdf without a page reference. Or you can
             | look here[1] on page 2.
             | 
             | [1] https://www.spglobal.com/spdji/en/documents/additional-
             | mater...
        
               | Kranar wrote:
               | >Well, I'm not sure what you think you see or where you
               | see it in that 45-page pdf.
               | 
               | It's not my responsibility nor is it even possible to
               | find a reference to a claim that is false. If you claim
               | that X is a requirement, I can't possibly cite a specific
               | page that says "X is not a requirement" because it's not
               | feasible to enumerate all things that are NOT
               | requirements. All I can do is refer you to the list of
               | requirements and ask you to point out which item in that
               | list substantiates your position. That is what I've done
               | by referencing that document which specifies the
               | eligibility criteria and methodology and that's about the
               | most anyone can do since it's generally not possible to
               | prove a negative.
               | 
               | Now you mistakenly believe that page 8 substantiates that
               | claim, but it doesn't. What page 8 states is the
               | following:
               | 
               | >The sum of the most recent four consecutive quarters'
               | Generally Accepted Accounting Principles (GAAP) earnings
               | (net income excluding discontinued operations) SHOULD be
               | positive as SHOULD the most recent quarter.
               | 
               | The use of the word "should" is as a recommendation,
               | compared to the use of the word "must" which is used for
               | criteria that is mandatory, for example on page 6:
               | 
               | >The issuing company MUST have the following
               | organizational structure and share type...
               | 
               | Now being that it's a suggestion instead of a mandatory
               | requirement, one would reasonably expect there to be an
               | example that goes against that recommendation, and of
               | course there are plenty but for a very recent example
               | take CZR, which was just added to the S&P 500 in March of
               | 2021 despite not having produced a profit since 2019.
               | 
               | https://finance.yahoo.com/quote/CZR?p=CZR
               | 
               | It doesn't fall under any of the exemptions either.
        
       | Amorymeltzer wrote:
       | Interesting hn link from those days: A Tiny Hedge Fund Made
       | 8,600% on a Vix Bet
       | <https://news.ycombinator.com/item?id=16346175>
        
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       (page generated 2021-05-17 23:00 UTC)