Thursday, October 26, 2006

How Your Broker Screws You

i was just about to go to bed when i decided this just had to be blogged. i hang out at a stock forum and for days the significance of a certain small firestorm had eluded me. the light just went on. apparently, TDAmeritrade is restricting the purchase of certain stocks, including TDCP. you can sell, but you can't buy. i don't use TDAmeritrade because its fees are 'way overpriced, so i don't have a direct interest in the controversy. but i do have an indirectly powerful interest since i hold some TDCP.

the key question for me came up tonight on the tdcp thread when somebody asked if what TD Ameritrade was doing was legal. not being a lawyer but delighting in legal puzzles, i decided that it's probably illegal and i hope like hell somebody sues the crap out of them. TD Ameritrade's explanation so far is that they restrict purchase of "questionable" stocks or companies with "questionable practices". well, if you know anything about TDCP, that just doesn't fit.

what does fit, however, is something i mentioned earlier in this blog- your broker can short stocks against your interest and can loan stocks to market makers to short against your interest. if there's strong buy pressure on the stock (as is the case now with TDCP about to have its stockholders' meeting on oct. 28th, and a demo of its technology with Oklahoma University), then any brokers or market makers holding heavy short positions are about to get screwed big time.

so if you're really big like TD Ameritrade, why not use your market muscle to deny all your clients the right to buy TDCP? and for added fun, why not scare them all into selling with the "questionable practices" red herring? that way, you get some shares to sell when things do break loose. in addition, you drive the pps down.

now, besides my opinion about TD Ameritrade's practices on TDCP being illegal, i consider that it's also a violation of their fiduciary obligation to place their clients' interests above their own. bottom line, if you're with TD Ameritrade or anybody else who suspiciously restricts buys, i say dump the suckers and find another broker.

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