May 4, 1999
SEC Chief Wants Online-Trading Firms
To Disclose the Risks of Internet Dealing
By MICHAEL SCHROEDER and REBECCA BUCKMAN
Staff Reporters of THE WALL STREET JOURNAL
U.S. Securities and Exchange Commission Chairman Arthur Levitt wants
brokers to tell their customers that online trading can be hazardous to
their
wealth.
In a major online-trading speech Tuesday, Mr. Levitt is expected to
discuss plans to require online brokers to disclose trading risks as part
of a
campaign to make the industry more responsible for educating investors.
It's the electronic-commerce equivalent of a warning label on a package
of
cigarettes or prescription drugs.
To help the SEC keep pace with Internet
oversight, the chairman also plans to set up an
advisory panel of eight to 10 Internet and
business-technology experts and urge
Congress to approve new funds to bolster
SEC enforcement.
Those funds may be on the way. Sen. Judd
Gregg (R., N.H.), who heads the committee
that oversees the SEC's budget, has proposed
boosting the agency's funding next year by
$5.5 million for Internet enforcement, a
congressional aide said Monday.
In his speech at the National Press Club in Washington, Mr. Levitt also
is
expected to express apprehension about the quality of online firms'
executing of trades and about hyped advertising that he says sounds more
like commercials for the lottery. State regulators already are examining
whether some ads from mainstream online brokers create unrealistic profit
expectations.
The SEC and state regulators have become concerned about the sudden
popularity of individuals buying and selling stocks on the Internet. With
more than five million online accounts, Web trading now accounts for
about 30% of small-investor trading. Regulators are particularly alarmed
about people mimicking professionals who trade throughout the day.
Mr. Levitt isn't expected to call for new regulations in his speech, although
he hasn't ruled them out. An SEC spokesman declined to discuss the
speech.
In the past few months, the SEC and the National Association of
Securities Dealers, which oversees broker-dealers, have dispatched
examiners to scrutinize electronic trading to determine if online- and
day-trading firms are in compliance.
The reviews likely will result in some enforcement cases. Mr. Levitt had
wanted to disclose a day-trading case Tuesday, but the enforcement staff
isn't expected to announce an action for a few weeks. According to a
lawyer familiar with the SEC's probe, the agency hasn't yet uncovered
serious industrywide violations.
The SEC and NASD have been collecting information from firms about
their policies for educating customers, determining whether customers have
the knowledge and means for certain kinds of risky trading, and margin
requirements. The industry may be told to adopt the best practices to
educate customers.
For instance, the SEC has been debating whether to ask the roughly 100
online-trading firms to inform customers about the pitfalls of rapid online
trading, possibly with new disclosures in customer agreements, quarterly
customer statements or on firms' Web sites. Currently, firms must disclose
how they ensure that customers get the best and quickest execution of
trades.
Earlier this year, most big online-trading firms posted notices on their
Web
sites warning investors about volatile market conditions and how that could
affect execution. Charles Schwab Corp. began including in its quarterly
customer statements a four-page discussion of the risks of volatile markets,
which the SEC and NASD could point to as a model for other firms.
The SEC also is considering requiring chat rooms and online firms to have
a link on their Internet sites directly to the investor-education portion
of the
SEC's Web page.