The trade was executed through Supermontage and wasn't an ECN. I completely agree with what the outcome would have been if I hit an ECN through Sumo.
Hey - cheer up! Starting in a couple weeks you'll get to use Nasdaq Marketwatch for filing those clearly erroneous trades on INET, too! http://inetats.com/subscribers/emailarchive/2006/20060119.asp
It's too bad they are going to ruin one of the best ECN's left today. I guess that's what happens when you don't have the smarts to build the best and fastest: You buy it.
Find a good lawyer man. They push u to settle because they are trying to get away with your money. That's what tight ranges and difficult mkt condition do to MMs. Even a child would see it's plain wrong. This stuff makes me boil.
I mean, trading is pretty stressful and I have been in the thick of it many many times. When they came back stating this trade was going to stand, I just about died. I knew how hard it was going to be to get a reversal based on the past and NASDAQ. I feel like there is a pain and suffering in here somewhere. Any lawyers out there? I think I lost 10 years off of my life today.
Can you find out what about the trade they felt disqualified it from being clearly erroneous? Who was the broker? Note also that the new rules allow for an appeal process, where you can submit your argument as to why it qualifies. I don't think accepting the compromise should change your case in any way. I can understand, though, about wanting to move on, from a mental health standpoint.
The reasoning was that the trade was inside the bid-ask. Basically it was illiquid and there was no ask even close to market. That excuse is insane because I have had MANY trades busted that were a mere buck outside of market and in my favor. Try 125 out. Only at NASDAQ. Like I also said: Arca had 100 shares at that time and busted their side no questions asked. It seems Nasdaq owed someone a favor. My broker was a champ and fought for me all the way.