Fintech

Regulators are going after payments for stock orders. What about crypto?

The SEC is concerned about payment for order flow in stocks and options. But crypto, which it is struggling to regulate, is a "Wild West."

Bitcoin illustration

What are you paying for your bitcoin?

Illustration: Jeremy Bezanger / Unsplash

Two of the SEC's major concerns are payment for order flow, the potentially conflict-ridden system where retail brokers get paid by market makers for sending them orders, and cryptocurrencies, the largely unregulated digital tokens that are generating a booming market in speculative trading.

What if you put them together?

That's not a hypothetical question: Robinhood, the online broker that recently went public, is already making more money from crypto payment for order flow than any other source.

SEC Chairman Gary Gensler has said the agency is scrutinizing payment for order flow, a decades-old business model that is used by large brokers like Schwab and TD Ameritrade but that Robinhood has finessed into profitable perfection. Regulators are considering all options including a ban on such arrangements, with Gensler noting that conflicts are "inherent" in a system where market makers pay retail brokers for directing trades to them, in effect splitting profits that come at investors' expense.

Cryptocurrencies were designed for peer-to-peer transactions, bypassing middlemen and marketplaces. But marketplaces have arisen nonetheless, facilitating buying and selling much like stock and currency markets do. And Robinhood, in particular, is championing the idea of extending the payment for order flow model to the crypto world.

The scope of the issue became clear when Robinhood reported that payment for order flow from crypto trading made up more than half of its second quarter transaction revenue, representing 51.7% or $233 million. That's way up from 20.8% of transaction revenue in the first quarter of 2021 and just $5 million a year ago. The runaway growth in crypto might have been less obvious had it not been for a slowing of the meme-stock craze right as interest in crypto took off.

This also has meant a shuffling in Robinhood's partners. Jump Trading's Tai Mo Shan Ltd. paid Robinhood $164 million for crypto orders in the second quarter. Robinhood's relationship with Citadel, a primary partner for stock and option payment for order flow, has gotten considerable scrutiny. But the broker's relationship with Jump Trading has drawn less attention, even as its payments exceeded what Robinhood has ever gotten from Citadel in a given quarter according to researchers at Alphacution Research Conservatory.

It's not clear that crypto payment for order flow is even on the SEC's radar, or if it could even regulate the practice, since crypto markets are not currently regulated as exchanges. Gensler has articulated a desire for Congress to give the SEC broader authority over crypto, but it's not clear when a broader regulatory remit might come.

Regulators could come after crypto brokers, but "right now all they can do is saber rattling," said Paul Rowady, founder of Alphacution. At most, the agency might go after "domestic brokers that are engaged in retail activity in the crypto market," he added.

Even then, much of the parceling out of trades is happening internationally, he said: "It's the Wild West. It's a global market with cross-border activity. Even U.S. entities potentially are engaging with crypto infrastructure that's non-U.S. That puts U.S. regulators at a disadvantage because they don't have jurisdiction."

Dealing with that "will require a coordinated effort with a global consortium of regulators, which will take a lot of time," he added.

In this fast-growing crypto market, there is little guarantee that retail investors are getting the best prices on trades. Crypto spreads can be much bigger than equities, providing more opportunity for market makers and others to profit off of retail investors.

In equities and options, brokers and market makers must disclose in public reports to the SEC who they send trades to and how much they make. Through such reports, we know Robinhood made four times as much in payments for each S&P 500 share traded as Schwab did in December 2020. Such disclosures don't exist for crypto, so it's all but impossible to know who's profiting and how much they're making.

Robinhood, for its part, has said payment for order flow in crypto enables commission-free crypto trading, which gives investors the cheapest total cost. The company declined to comment on the record for this story.

Robinhood says it doesn't route crypto orders based on payments market makers provide. "We receive uniform volume-based rebates from trading venues, but never consider rebates when deciding where to route your order," Robinhood wrote in a June blog post.

Robinhood says that its buy orders are executed as a limit order with a 1% collar to ensure prices don't differ wildly from what traders expect.

Coinbase, for its part, charges retail investors a fee of up to 1.49% plus a set fee that varies based on the size of the order. It sends retail trades to execute on its Coinbase Pro exchange, so there is no payment for order flow.

There remains the question of whether retail investors are getting the prices on crypto trades. In the equities and options world, there is the National Best Bid and Offer, an official record of the best price available on exchanges at a particular moment. The NBBO is flawed and imperfect, since it doesn't actually reflect the best price to be found anywhere — market makers operate their own liquidity pools that can yield better pricing unavailable on exchanges — but it is a formal benchmark that brokers and exchanges can be measured against. Brokers and market makers are obligated to execute most trades close to the NBBO, but often, substantial profits can be made within the NBBO spread.

In the crypto world, because crypto exchanges are not regulated as exchanges, there is no NBBO and there is no official record of the best price.

So how do investors know what they're getting? The largest brokers tend to set the prices, some experts said. Genesis Trading, for example, is one large prime broker that can set the market price, according to one crypto expert.

But spreads in crypto markets vary widely, particularly between different exchanges. There are entire trading firms that focus on arbitrage between exchanges.

As a result, large investors that are trading large blocks of crypto go to a firm like Genesis to execute trades. Those firms then break down those trades and execute them in myriad ways, depending on how big they are and how fast they need to be executed. These include trading with other brokers, sending it to exchanges such as Coinbase's or taking on the trades internally.

Small retail investors don't have a prime broker who can get them the best trades.

This frontier wildness won't last forever. Crypto companies in the U.S., as they mature, will seek to make nice with regulators, Rowady said. "There is a self-regulating nature to all this," he said. "There's legal exposure if a fiduciary doesn't make all the effort to find the best prices and best execution."

That self-interest will force institutions to make some changes, he said.

But for now, it's crypto buyer beware.

Climate

This carbon capture startup wants to clean up the worst polluters

The founder and CEO of point-source carbon capture company Carbon Clean discusses what the startup has learned, the future of carbon capture technology, as well as the role of companies like his in battling the climate crisis.

Carbon Clean CEO Aniruddha Sharma told Protocol that fossil fuels are necessary, at least in the near term, to lift the living standards of those who don’t have access to cars and electricity.

Photo: Carbon Clean

Carbon capture and storage has taken on increasing importance as companies with stubborn emissions look for new ways to meet their net zero goals. For hard-to-abate industries like cement and steel production, it’s one of the few options that exist to help them get there.

Yet it’s proven incredibly challenging to scale the technology, which captures carbon pollution at the source. U.K.-based company Carbon Clean is leading the charge to bring down costs. This year, it raised a $150 million series C round, which the startup said is the largest-ever funding round for a point-source carbon capture company.

Keep Reading Show less
Michelle Ma

Michelle Ma (@himichellema) is a reporter at Protocol covering climate. Previously, she was a news editor of live journalism and special coverage for The Wall Street Journal. Prior to that, she worked as a staff writer at Wirecutter. She can be reached at mma@protocol.com.

Sponsored Content

Great products are built on strong patents

Experts say robust intellectual property protection is essential to ensure the long-term R&D required to innovate and maintain America's technology leadership.

Every great tech product that you rely on each day, from the smartphone in your pocket to your music streaming service and navigational system in the car, shares one important thing: part of its innovative design is protected by intellectual property (IP) laws.

From 5G to artificial intelligence, IP protection offers a powerful incentive for researchers to create ground-breaking products, and governmental leaders say its protection is an essential part of maintaining US technology leadership. To quote Secretary of Commerce Gina Raimondo: "intellectual property protection is vital for American innovation and entrepreneurship.”

Keep Reading Show less
James Daly
James Daly has a deep knowledge of creating brand voice identity, including understanding various audiences and targeting messaging accordingly. He enjoys commissioning, editing, writing, and business development, particularly in launching new ventures and building passionate audiences. Daly has led teams large and small to multiple awards and quantifiable success through a strategy built on teamwork, passion, fact-checking, intelligence, analytics, and audience growth while meeting budget goals and production deadlines in fast-paced environments. Daly is the Editorial Director of 2030 Media and a contributor at Wired.
Workplace

Why companies cut staff after raising millions

Are tech firms blowing millions in funding just weeks after getting it? Experts say it's more complicated than that.

Bolt, Trade Republic, HomeLight, and Stord all drew attention from funding announcements that happened just weeks or days before layoffs.

Photo: Pulp Photography/Getty Images

Fintech startup Bolt was one of the first tech companies to slash jobs, cutting 250 employees, or a third of its staff, in May. For some workers, the pain of layoffs was a shock not only because they were the first, but also because the cuts came just four months after Bolt had announced a $355 million series E funding round and achieved a peak valuation of $11 billion.

“Bolt employees were blind sided because the CEO was saying just weeks ago how everything is fine,” an anonymous user wrote on the message board Blind. “It has been an extremely rough day for 1/3 of Bolt employees,” another user posted. “Sadly, I was one of them who was let go after getting a pay-raise just a couple of weeks ago.”

Keep Reading Show less
Nat Rubio-Licht

Nat Rubio-Licht is a Los Angeles-based news writer at Protocol. They graduated from Syracuse University with a degree in newspaper and online journalism in May 2020. Prior to joining the team, they worked at the Los Angeles Business Journal as a technology and aerospace reporter.

Climate

The fight to define the carbon offset market's future

The world’s largest carbon offset issuer is fighting a voluntary effort to standardize the industry. And the fate of the climate could hang in the balance.

It has become increasingly clear that scaling the credit market will first require clear standards and transparency.

Kevin Frayer/Getty Images

There’s a major fight brewing over what kind of standards will govern the carbon offset market.

A group of independent experts looking to clean up the market’s checkered record and the biggest carbon credit issuer on the voluntary market is trying to influence efforts to define what counts as a quality credit. The outcome could make or break an industry increasingly central to tech companies meeting their net zero goals.

Keep Reading Show less
Lisa Martine Jenkins

Lisa Martine Jenkins is a senior reporter at Protocol covering climate. Lisa previously wrote for Morning Consult, Chemical Watch and the Associated Press. Lisa is currently based in Brooklyn, and is originally from the Bay Area. Find her on Twitter ( @l_m_j_) or reach out via email (ljenkins@protocol.com).

Policy

White House AI Bill of Rights lacks specific guidance for AI rules

The document unveiled today by the White House Office of Science and Technology Policy is long on tech guidance, but short on restrictions for AI.

While the document provides extensive suggestions for how to incorporate AI rights in technical design, it does not include any recommendations for restrictions on the use of controversial forms of AI.

Photo: Ana Lanza/Unsplash

It was a year in the making, but people eagerly anticipating the White House Bill of Rights for AI will have to continue waiting for concrete recommendations for future AI policy or restrictions.

Instead, the document unveiled today by the White House Office of Science and Technology Policy is legally non-binding and intended to be used as a handbook and a “guide for society” that could someday inform government AI legislation or regulations.

Blueprint for an AI Bill of Rights features a list of five guidelines for protecting people in relation to AI use:

Keep Reading Show less
Kate Kaye

Kate Kaye is an award-winning multimedia reporter digging deep and telling print, digital and audio stories. She covers AI and data for Protocol. Her reporting on AI and tech ethics issues has been published in OneZero, Fast Company, MIT Technology Review, CityLab, Ad Age and Digiday and heard on NPR. Kate is the creator of RedTailMedia.org and is the author of "Campaign '08: A Turning Point for Digital Media," a book about how the 2008 presidential campaigns used digital media and data.

Latest Stories
Bulletins