Mar. 25, 2023
Dear ladies and Gentlemen at the SEC, my name is Andreas Scheffler. I am a German citizen and participate in the US securities markets as a household investor. I believe the current market structure enables abuse of loopholes for market makers and other high frequency trading firms. Namely companies like Citadel, and its affiliates leverage these exceptions or loopholes to gain a material financial competitive advantage to a degree which I feel, at minimum, is a conflict of interest, and realistically a form of market manipulation. Best execution requires a more true process of price discovery, where any price improvement is reflected in the value the household investor receives on their securities or equities transactions. Best execution is important in trade execution for individual investors who may not understand the complexities involved in choosing how to execute a trade. Provide clear guidance on how to read and interpret the data in Regulation NMS Rule 605 reports, especially for retail investors who may not have a deep understanding of the markets. Brokers owe their customers a duty of Best Execution derived from common law agency principles and fiduciary obligations, but it needs to become a rule that the SEC can enforce. Conflicted orders don't belong in a Best Execution rule. Without the best execution rule, customers may not be aware of revenue arrangements between brokers and subpar trading firms or that they may be paying higher transaction prices. Different trading venues may offer different prices, slower execution can lead to missed opportunities. Information leaks can inhibit a successful transaction, and less reliable settlement processes can delay receipt of proceeds. In December 2020, Robinhood was charged by the SEC with failure to satisfy its best execution obligation, resulting in an aggregate loss of $34.1 million for its customers. Robinhood made misleading statements and did not disclose payments received for routing trades to specific firms. Citadel paid the SEC $22.6 million in 2017 to settle best execution charges for executing customer trades at less favourable pricing when a better price was available. Brokers recommending mutual funds with 12b-1 fees and revenue sharing arrangements with clearing brokers have also faced best execution charges from the SEC. Quarterly reviews of execution quality would provide transparency and accountability for the broker-dealers' practices. The proposed rule would provide a more detailed and comprehensive standard for broker-dealers to follow, resulting in consistently robust best execution practices. The proposed Regulation Best Execution is a necessary step in protecting household investors and promoting fair and efficient markets by ensuring that household investors are receiving the best possible execution for their trades. Thank you and please stop watching porn and start enforcing rules Andreas Scheffler