Goldman Targeted by Investor Complaints of Naked Short-Selling
Pierre Paulden, Caroline Salas
Bloomberg, 17 November 2008
Investors in the $591 billion high-yield, high-risk loan market are accusing Goldman Sachs Group Inc. of naked short selling to profit from record price declines.
At least two fund managers complained verbally to officials of the Loan Syndications and Trading Association, saying they believe Goldman helped drive down prices by using the technique, according to people with knowledge of the objections. New York- based Goldman is acting against its clients by trying to profit at their expense, the investors said.
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Naked Shorting Under Scrutiny
Traders Magazine, 11 November 2008
Regulators are clamping down on broker-dealers that violate naked short-sale rules. Both New York Stock Exchange Regulation and the Financial Industry Regulatory Authority are making it a point to closely scrutinize brokers’ stock-loan practices. If they find brokers are not complying with rules targeting failures to deliver, they are penalizing them.
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Fed Defies Transparency Aim in Refusal to Disclose
Mark Pittman, Bob Ivry, Alison Fitzgerald
Bloomberg cited by Yonkers Tribune
The Federal Reserve is refusing to identify the recipients of almost $2 trillion of emergency loans from American taxpayers or the troubled assets the central bank is accepting as collateral.
Fed Chairman Ben S. Bernanke and Treasury Secretary Henry Paulson said in September they would comply with congressional demands for transparency in a $700 billion bailout of the banking system. Two months later, as the Fed lends far more than that in separate rescue programs that didn’t require approval by Congress, Americans have no idea where their money is going or what securities the banks are pledging in return.
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Overstock and Patrick Byrne Continue Naked Short Selling Jihad
Thomas J. Catino, 08 November 2008
Overstock.com (Nasdaq: OSTK) President, Dr. Patrick Byrne, has continued to up the ante in his vocal public battle against a coordinated campaign of short sellers who have allegedly targeted his company’s shares. After appearing over the summer on a CNBC Street Signs segment with anchor Ron Insana, Byrne continued to emphasize that “what’s at stake here is innovation and entrepreneurship in America.” With strong words, Byrne said that his “company has been attacked and I’m not going to take this lying down.” Continue reading “Article: Overstock and Patrick Byrne Continue Naked Short Selling Jihad”
The SEC bans naked short selling
Daniel Dex, Tom Hameki
McMillian LLP, 5 November 2008
September’s upheaval in the financial markets prompted international securities regulators, led by the United States Securities and Exchange Commission (SEC), to adopt emergency restrictions on short selling of certain financial stocks. The SEC also enacted emergency measures that effectively banned “naked” short-selling of all equity securities. In support of the SEC’s measures and to avoid regulatory arbitrage, the United Kingdom’s Financial Services Authority and some Canadian regulators also implemented emergency restrictions on short selling of certain financial stocks. In October, the U.S. and Canadian emergency measures against short sales of financial stocks were allowed to expire, but the SEC took further action to extend its restrictions against naked short sales.
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AtriCure, Inc. Announces Investigation by the Department of Justice
BioSpace, 03 November 2008
WEST CHESTER, Ohio–(BUSINESS WIRE)–AtriCure, Inc. (Nasdaq: ATRC – News), received a letter on October 27, 2008 from the U.S. Department of Justice-Civil Division (the “DOJ”) informing the Company that the DOJ is conducting an investigation for potential False Claims Act and common law violations relating to the Company’s surgical ablation devices. Specifically, the letter states that the DOJ is investigating the Company’s marketing practices utilized in connection with its surgical ablation system to treat atrial fibrillation, a specific use outside the Federal Food and Drug Administration’s 510(k) clearance. The letter also states that the DOJ is investigating whether AtriCure instructed hospitals to bill Medicare for surgical ablation using incorrect billing codes.
The Company understands that the DOJ is in the process of compiling a document request. The Company intends to cooperate with the DOJ in its investigation and operate its business in the ordinary course during the investigation.
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SEC Focuses on Efforts by Hedge Fund Managers to Conceal Poor Performance
Caryn Mazin Schechtman; Perrie M. Weiner, 02 November 2008
The SEC has charged a San Francisco investment adviser, MedCap Management and Research LLC (MMR), and its principal, Charles Toney, Jr., with falsely inflating the price of a thinly-traded portfolio security to enhance fund asset values at the end of a reporting period so that it could avoid reporting a 40 percent loss and stave off a rash of investor redemptions. This practice, which the SEC calls “portfolio pumping,” is alleged by the SEC to violate the antifraud provisions of the Investment Advisers Act of 1940. The charges were filed October 16.
MedCap Partners L.P. (MedCap), a fund managed by Toney and MMR, was plagued by poor performance and investor redemptions in 2006. According to the SEC, facing mounting losses in the third quarter of the year, Toney and MMR allegedly placed numerous buy orders during the last few days of the quarter in a thinly traded over-the-counter security heavily owned by MedCap through another MMR-controlled fund. The SEC alleges that this purchasing activity caused the portfolio security to quadruple and fraudulently increased MedCap’s value for the third quarter of 2006 by $29 million; both the stock price of the underlying security and MedCap’s value subsequently declined back to their previous levels. Continue reading “Article: SEC Focuses on Efforts by Hedge Fund Managers to Conceal Poor Performance”