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Article: Whisleblower Vindicated Massive Trading Firm Knight Capital Charged With Abusing “Naked Shorts”

Article - Media

Whisleblower Vindicated: Massive Trading Firm Knight Capital Charged With Abusing “Naked Shorts”

David Dayen

The Intercept, 15 December 2016

Back in September, I wrote a seven-part series at The Intercept chronicling how former Wall Street trader Chris DiIorio, determined to figure out how he lost a small fortune on a penny stock, came to the conclusion that gigantic market-making firm Knight Capital, now known as KCG, repeatedly violated federal regulations meant to prevent abuse in what are known as “naked short sales.”

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Article: SEC Will Be Investigated in Probe Sought by Senate’s Grassley

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SEC Will Be Investigated in Probe Sought by Senate’s Grassley

Otis Bilodeau

Bloomberg via Wayback, 26 October 2006

The U.S. Securities and Exchange Commission, already under scrutiny for its handling of a trading probe that entangled Morgan Stanley Chief Executive Officer John Mack, now faces a broad review by government auditors of its management and methods for policing the financial markets.

The Government Accountability Office agreed last week to investigate the SEC’s enforcement division and compliance department after requests by Senator Charles Grassley, an Iowa Republican who questioned whether the agency gave Mack special treatment. Grassley asked the GAO to examine the SEC’s “planning, oversight, control and other management processes” and gauge whether the agency does enough to oversee regulators at the New York Stock Exchange and NASD.

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Article: S.E.C. Inquiry on Hedge Fund Draws Scrutiny

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S.E.C. Inquiry on Hedge Fund Draws Scrutiny

Walt Bogdanich, Gretchen Morgenson

New York Times, 22 October 2006

By the evening of June 20, 2005, the government’s investigation of possible insider trading by Pequot Capital Management, a prominent hedge fund, had reached a critical stage.

Throughout the day, Robert Hanson, a branch chief in the Washington office of the Securities and Exchange Commission, had been questioning his lead investigator in the case about taking the testimony of John J. Mack, an influential Wall Street executive.

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Article: Outcry grows over naked short sales

Article - Media

Outcry grows over naked short sales

Will Shanley

The Denver Post, 14 October 2006

It began as Pederson watched words appear on her computer screen at her Arvada home office. Investors, writing via an Internet chat room, were touting a mining company called CMKM Diamonds Inc.

The Las Vegas-based company, the investors claimed, owned mineral rights to more than a million acres of diamond-rich land in Saskatchewan, Canada. Intrigued, Pederson bought shares worth $15,000.

The decision began Pederson’s involvement in a saga that includes lawsuits, huge financial losses and allegations of fraud on Wall Street and inaction by federal regulators.

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Letter: NASAA Letter to SEC on Proposed Amendments to Regulation SHO

Letter

NASAA Letter to SEC on Proposed Amendments to Regulation SHO

Joseph P. Borg

NASAA, 4 October 2006

NASAA offers its support of the proposed amendments to Regulation SHO. While we are encouraged that the Commission is adopting a more proactive stance in this area, we believe that much more is necessary in order to regain public confidence in the integrity of U.S. capital markets and protect both the investing public and our nation’s small business interests. NASAA strongly urges the Commission to take all necessary steps to eliminate abusive short selling, and the corrosive practices that surround it, consistent with the Commission’s mission to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.

PDF (22 pages): NASAA Letter to SEC on Proposed Amendments to Regulation SHO

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Testimony: Rule Number S7-12-06 Comments on Proposed Amendments to Regulation SHO

Testimony

Rule Number S7-12-06: Comments on Proposed Amendments to Regulation SHO

Robert Shapiro

14 September 2006

I am Robert J. Shapiro, chairman of Sonecon, LLC, an economic analysis and advisory firm in Washington, D.C. From 1998 to 2001, I was Under Secretary of Commerce for Economic Affairs. Prior to that, I was Vice President and co-founder of the Progressive Policy Institute and Vice President of the Progressive Foundation and continue to be a Senior Fellow of the Progressive Policy Institute. I also served as the principal economic advisor to Governor William J. Clinton in his 1991-1992 presidential campaign, senior economic advisor to Vice President Albert Gore, Jr. in his presidential campaign, Legislative Director and Economic Counsel for Senator Daniel Patrick Moynihan, and Associate Editor of U.S. News & World Report. I have been a fellow of Harvard University, the National Bureau of Economic Research, and the Brookings Institution. I hold a Ph.D. and M.A. from Harvard University, a M.Sc. from the London School of Economics and Political Science, and an A.B. from the University of Chicago.

PDF (16 pages): Rule Number S7-12-06: Comments on Proposed Amendments to Regulation SHO

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Article: Naked Fines

Article - Media

Naked Fines

Liz Moyer

Forbes, 13 September 2006

The U.S. Securities and Exchange Commission has received a deluge of requests to amend short-selling rules it enacted just two years ago as the New York Stock Exchange continues its efforts to enforce existing regulations.

JPMorgan Chase has become the fifth bank to be censured and fined by the NYSE’s regulatory division for violations of trading rules meant to curb abusive short-selling.

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Article: NYSE fines five firms for rule violations

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NYSE fines five firms for rule violations

James Langton

Investment Executive, 13 September 2006

NYSE Regulation announced that it has disciplined five firms for a variety of rule violations.

J.P. Morgan Securities Inc. was disciplined for violation of SEC rules on short sales, NYSE order rules and supervisory violations. It consented without admitting or denying guilt to findings of operational deficiencies concerning Regulation SHO, violating NYSE order rules, and books and records and supervisory violations.

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Letter: Research Capital Corporation to SEC on Proposed Amendments to Regulation SHO

Letter

Research Capital Corporation to SEC on Proposed Amendments to Regulation SHO

Geoffrey G. Whitlam, Vanessa M. Gardiner

6 September 2006

Research Capital Corporation (“RCC”) and Research Capital USA Inc. (“RECA”) have reviewed both the existing regulation and the proposed amendments and we have the following submission regarding the proposed changes to Regulation SHO and the problems created by naked short sales.

RCC is a Canadian Investment Dealer that is registered with the Investment Dealers Association of Canada (“IDA”). RCC is a full service brokerage firm that provides selfclearing for both RCC and RECA. RECA is a U.S. Broker Dealer registered with the NASD. Both organizations are headquartered in Toronto, Canada.

PDF (4 pages): Research Capital Corporation to SEC on Proposed Amendments to Regulation SHO

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Letter: National Coalition Against Naked Short Selling – Failing to Deliver Securities

Letter

National Coalition Against Naked Short Selling – Failing to Deliver Securities

NCANS

Letter to SEC, 5 September 2006

NCANS is a grassroots organization born of necessity. We are supported by and composed of investors on the receiving end of the negative consequences of naked short selling, long-term unsettled trades, and failed securities entitlements.

In addition to investors and participants, our members include corporate executives concerned about the deleterious effect these practices have on their companies, employees and investors, and their negative impact on corporate governance issues like shareholder votes.

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Letter: Susanne Trimbath to SEC on Proposed Amendments to Regulation SHO

Letter

Susanne Trimbath to SEC on Proposed Amendments to Regulation SHO

Susanne Trimbath

STP Advisory Services, LLC, 29 August 2006

I am a Ph.D. economist doing research and consulting in finance and economics. I am formerly Director of Transfer Agent Services for Depository Trust Company in New York, and Operations Manager for Pacific Depository Trust Company and Pacific Securities Clearing Corporation in San Francisco. I also was Senior Advisor for KPMG on the USAID Capital Markets Project to design and implement trade clearing and settlement operations during privatization in Russia. Over the last three years I have been a paid advisor to companies, investors and law firms on the issues addressed by Regulation SHO. My comments will reflect my expertise in economic analysis of law and market efficiency, plus securities processing operations.

PDF (14 pages): Susanne Trimbath to SEC on Proposed Amendments to Regulation SHO

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Web: Lies, Invention, Journalists, and the SEC

Web

Lies, Invention, Journalists, and the SEC

Bob O’Brien

Yahoo as cited by Sanity Check via Wayback, 21 August 2006

The subject matter, Mark Cuban’s ill-conceived stock bashing website that’s nothing more than a foil to slam his short positions, is the ostensible topic. I haven’t even bothered commenting on the site, as it’s pretty obvious to most upright bipeds what is being done there.

But this article is astounding – I literally thought that the guy who emailed me the link was making it up.

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Web: NY Press Dead Silent on SEC Cover-Up, Except For Forbes’ Liz Moyer

Web

NY Press Dead Silent on SEC Cover-Up, Except For Forbes’ Liz Moyer

Bob O’Brien

Sanity Check, 21 August 2006

Maybe if we don’t talk about the SEC cover-up, it never happened?

That seems to be the way our venerated NY press corps is treating the FOIA data on Global Links – the topic of the last two blogs, and of a Forbes article on Friday.

This is playing out like the Dan Rather incident, but times ten. Bloggers and a few mainstream pubs get it and break the story, while the media circles its wagons and goes into denial mode.

Anyone surprised? Note that there is nothing from the WSJ, nothing from the NY Times, nothing from Barron’s, nothing from the NY Sun, nothing from TheStreet.com or Marketwatch, nothing from CNBC, nor Bloomberg, nor AP, nor Reuters…not even from the Post.

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