Article: Swatting an Imaginary Fly

Article - Media

Swatting an Imaginary Fly

Thomas G. Donlan

Barrons, 28 July 2008

The stock market was a safer place last week and the financial system was somewhat less endangered. How do we know? The Securities and Exchange Commission ordained it.

“The SEC’s mission to protect investors, maintain orderly markets and promote capital formation is more important now than it has ever been,” Chairman Christopher Cox declared on July 15, as the commission took action to “stop unlawful manipulation through ‘naked’ short-selling that threatens the stability of financial institutions.”

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Article: Jim Cramer on the Short-Selling Effect

Article - Media, Publications

Jim Cramer on the Short-Selling Effect

Dealbook, 22 July 2008

James Cramer, the hedge fund manager turned “Mad Money” host, has proposed a solution to the raging controversy over short-selling. Unfortunately, it mostly involves the troubled financial sector getting its act together — and thus making itself immune to the “carpet bombs” that he says hedge funds have been raining down on vulnerable firms like Lehman Brothers.

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Notice: Public Statement by SEC Chairman Naked Short Selling Is One Problem a Slumping Market Shouldn’t Have

Notice

Public Statement by SEC Chairman:
Naked Short Selling Is One Problem a Slumping Market Shouldn’t Have

Chairman Christopher Cox

SEC.gov, 18 July 2008

The demise of IndyMac, coming on the heels of Bear Stearns’ desperate sale to JPMorgan Chase, is a sure sign of the fragility of today’s markets. What’s needed now, more than ever, is reliable information for investors and confidence that trading can be conducted without the illegal influence of manipulation.

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Web: Cox: “Many people think naked short selling is already illegal, but that isn’t true….”

Web

Cox: “Many people think naked short selling is already illegal, but that isn’t true….”

Bob O’Brien

Sanity Check via Wayback, 17 July 2008

Remarkably, or perhaps not so remarkably, literally hours after issuing an emergency order requiring short sellers to actually borrow the stock they sell – but only in the large financial companies largely complicit in causing hundreds of billions of dollars of damage to the financial markets via naked short selling – several interesting things happened. If you read my last blog, you’ll see I saw it coming. Loopholes, poor craftsmanship, silliness, dishonesty, all baked into the SEC cake so that the proclamation has little real world effect.

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Article: SEC Moves to Curb Short-Selling

Article - Media

SEC Moves to Curb Short-Selling

Kara Scannell and Jenny Strasburg

The Wall Street Journal, 16 July 2008

The Securities and Exchange Commission took unprecedented action against short sellers on Tuesday, acting on a widespread concern that negative bets against bank and brokerage stocks might be exacerbating the financial sector’s woes.

In a dramatic emergency order, the SEC said it would immediately move to curb improper short selling in the stocks of struggling mortgage giants Fannie Mae and Freddie Mac, as well as those of 17 financial firms, including Goldman Sachs Group Inc., Lehman Brothers Holdings Inc.,…

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Article: Naked Short Selling — Illegal but Hard to Prove

Article - Media, Publications

Naked Short Selling — Illegal but Hard to Prove

Gregg Greenberg, The Street, 16 July 2008

NEW YORK (TheStreet) — The Securities and Exchange Commission Chairman Christopher Cox on Tuesday said the regulator planned to crack down on naked short-selling of Fannie Mae (FNM) and Freddie Mac. Cox said in a testimony to the Senate Banking Committee on Tuesday that the agency will require short-sellers to borrow shares of the two government-sponsored mortgage giants and broker dealers including Lehman Brothers (LEH) , Goldman Sachs (GS) – Get Report, Merrill Lynch (MER) and Morgan Stanley (MS) – Get Report before selling them. The new restrictions are called for under a temporary emergency order that expires in 30 days.

For a refresher on why this is a big deal, here you go.

The traditional method for making money in the stock market is to “buy low and sell high.” But there is another way to profit called “shorting,” where the trick is to “sell high and buy low.” There are strict rules when it comes to shorting stocks, however. One way they are broken is via naked shorting.

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Web: SEC Discovers That Unbridled Naked Short Selling Might Actually Be, Er, Not So Good….

Web

SEC Discovers That Unbridled Naked Short Selling Might Actually Be, Er, Not So Good….

Bob O’Brien

Sanity Check via Wayback, 15 July 2008

What we are seeing is the US markets relentlessly melting down, as even the bulge bracket firms, and the “too big to fail” entities, are victimized by unbridled, unconstrained naked short selling. Exactly as used to be the case in the 1920’s. Exactly in the manner that resulted in the SEC being formed, and the uptick rule (discarded just a few short months back as an anachronism), and requirements for timely clearing and delivery. All of which the SEC has basically ignored, very deliberately.

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Article: SEC to limit shorting of Fannie, Freddie, brokers

Article - Media, Publications

SEC to limit shorting of Fannie, Freddie, brokers

SAN FRANCISCO (MarketWatch) — The Securities and Exchange Commission said Tuesday that it will try to limit so-called “naked” short selling of shares in Fannie Mae, Freddie Mac and big brokerage firms.

The SEC will issue an emergency order stating that all short sales of shares in these companies will be subject to a “pre-borrow” requirement, said Christopher Cox, chairman of the SEC. This will last for 30 days, he said. The SEC is also planning more rule-making focused on short selling in the broader market, Cox said.

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Testimony: Bud Burrell Comments on Amendments to Regulation SHO

Testimony

Bud Burrell Comments on Amendments to Regulation SHO

SEC, 13 July 2008

“August 1973 I started on Wall Street in Block Trading for Bache. Worked in all Major firms through the years.Traveled all over the world.

From $6 Billion per day Fails to deliver is now Over $13 1/2 billion per day.

There is More Naked Short shares in the market than there is Outstanding Shares.

We have allowed our Clearing systems to be Gamed, to the point where they are able to manipulate markets.”

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