Foreign Collusion, Naked Shorting (Counterfeiting) & Money Laundering — All Illicit Wealth
Corporate reform dead; SEC chief should resign
Loren Steffy
Houston Chronicle, 1 March 2006
Corporate governance reform is dead. Its last gasp was stifled by the subpoenas issued last month by the Securities and Exchange Commission against several news organizations and writers.
Last week, Marketwatch .com columnist Herb Greenberg and Dow Jones Newswires columnist Carol Remond acknowledged receiving the subpoenas, which involved stories about Internet retailer Overstock .com.
500 Million Shares of Stock Are Missing: A Report on the Impact of Allowing Stock Sales to Go Undelivered for Long Periods
Robert J. Shapiro
Sonecon, March 2006
It has been well established that every day, millions of shares of stock in U.S. companies that are sold go undelivered. In November 2004, an SEC visiting economist, Dr. Leslie Boni, reported that on any given day, there are some 120 million to 180 million shares of companies listed on the NYSE or NASDAQ and some 300 million to 420 million shares over-the-counter (OTC) or unlisted public companies – a average total of 510 million shares – that have been sold and gone undelivered for at least 3 days. Her conclusions came from official data of the DTCC, the organization that clears and settles all U.S. stock sales and purchases, and holds most of these assets in electronic form.
PDF (19 pages): 500 Million Shares of Stock Are Missing: A Report on the Impact of Allowing Stock Sales to Go Undelivered for Long Periods
Roddy Boyd
New York Post cited by RGM Communications via Wayback, 16 February 2006
Two state securities regulators have issued subpoenas to get at the trading records of Wall Street’s largest firms in a quest to stamp out the controversial practice of naked short-selling, sources said.
Naked shorting — the tactic of selling shares short without properly borrowing them first in order to bet on a stock’s fall — has been a concern of state securities regulators during the past year.
Stockgate Report: Investrend Article on Targeting of DTCC by NASAA members for Subpoenas
Bud Burrell
FinancialWire cited by Sanity Check via Wayback, 14 February 2006
FinancialWire has learned from a highly-placed informed source that the Depository Trust and Clearing Corp. appears to be a target of an enforcement action by the multi-state task force formed by the North American Securities Administrators Association.
If so, this would explain a recent flurry of posts and press releases by the DTCC denying any complicity in the exploding national illegal manipulative trading scandal known as StockGate, embroiling Netflix (NASDAQ: NFLX), Overstock (NASDAQ: OSTK), Krispy Kreme Donuts (NYSE: KKD) and Martha Stewart OmniLiving (NYSE: MSO), as well as provide a measure of validation to rampant rumors that the clearing house, jointly owned by the NASD and the New York Stock Exchange has received subpoenas.
Who Caused the SEC to Enter an Amicus Brief on behalf of DTCC in the Nanopierce Case?
Bud Burrell
Sanity Check via Wayback, 5 February 2006
It was my understanding, and that of many I know, that the SEC had told Counsel for the victims a year ago in a special purpose meeting, that they would NOT be filing an Amicus brief for DTCC in the matter of Nanopierce.
So what happened to change that position, and Why? Who got to the SEC on this issue, causing a change of mind and position? The only units able to put this kind of pressure on the SEC is either our Congress, or the Senate. So which was it.
JPMorgan faces $2.2B Fraud Lawsuit over Bonds
Reuters cited by RGM Communications via Wayback, 3 February 2006
JPMorgan Chase faces a civil lawsuit accusing the No. 3 U.S. bank of defrauding bond investors and others out of at least $2.2 billion over more than 20 years.
The lawsuit, filed Tuesday with the U.S. District Court in Brooklyn, seeks class-action status.
It accuses New York-based JPMorgan and its predecessors of deleting records for $46.8 billion of bonds that investors had not cashed in, covering up its errors, refusing to pay back bondholders, and collecting fees it did not deserve.
Bud Burrell
Sanity Check via Wayback, 2 February 2006
During my undergraduate studies, I read of an historical method of execution known as the Death of a Thousand Cuts. I have come to see that as a metaphor for how guerrilla wars (like ours) are won and lost.
Whether any of us have fully realized it or not, we have been engaged by an insidious enemy whose sole desire was to steal what was not theirs from others they viewed as their inferiors, rather than earn it legitimately. When a person was executed by the infliction of a thousand small cuts, the pain was enormous, eventually killing the subject by shock and loss of blood, but very, very slowly.
Strategic Delivery Failures in U.S. Equity Markets
Leslie Boni
Journal of Financial Markets, 1 February 2006
Sellers of U.S. equities who have not provided shares by the third day after the transaction are said to have “failed-to-deliver” shares. Using a unique data set of the entire cross-section of U.S. equities, we document the pervasiveness of delivery failures and evidence consistent with the hypothesis that market makers strategically fail to deliver shares when borrowing costs are high. We then show that many firms that allow others to fail to deliver to them are themselves responsible for fails-to-deliver in other stocks. Finally, we discuss the implications of these findings for short-sale constraints, short interest, liquidity, and options listings in the context of the recently adopted SEC Regulation SHO.
PDF (40 pages): Strategic Delivery Failures in U.S. Equity Markets
Who is RESPONSIBLE for the Current Market Counterfeiting Crisis?
Bud Burrell
Sanity Check via Wayback, 31 January 2006
Besides transfer agents, our legislature have only one agency of significance that reports directly to them outside the Cabinet system. It is the Securities and Exchange Commission. The power the SEC has is granted it by legislative acts (called laws, not rules) of the Congress and the Senate.
When the SEC fails to discharge its duties authorized to it by Congress, they may fail to discharge a delegated authority, but the responsibility remains squarely on the shoulders of its enabling Branch, the bi-cameral legislature of the US Government. If the responsibility for the performance of agencies under the Executive branch sits on the shoulders of the US President, so does the performance of the SEC, good or bad, go to the credit or discredit of the Legislative Branch. If the SEC doesn’t get the funding it needs to discharge its duties, Congress and the Senate are to blame.
Steven Syre
The Boston Globe cited by RGM Communications via Wayback, 31 January 2006
American Business Financial Services Inc. was a big business with serious problems long before it ended up on the bankruptcy liquidation scrap heap. The company’s line on its own slow-motion demise relied heavily on stock market conspiracy theories.
The Philadelphia subprime lender has filed several lawsuits claiming illegal market manipulation by investors trying to profit on the company’s woes. The latest version was filed last month in federal court in Delaware by its bankruptcy trustee against Boston Partners Asset Management.
Where is the US Department of Labor on Theft of ERISA and Retirement Funds
Bud Burrell
Sanity Check via Wayback, 30 January 2006
Where is the Department of Labor in the total breakdown in surveillance of fraud against US individual and other pension and retirement assets? This is a fundamental responsibility of this Agency according to the Employee Retirement Income Security Act of 1974. Under their oversight (an oxymoron?), some $4 Trillion or more has been stolen from the savings of US investors placed in their retirement and pension accounts.
Why hasn’t anyone else addressed this issue? Why is the silence of DOL on this issue so total, literally deafening in it silence? It appears everyone responsible for protecting individual investors has deferred to the interests of the very wealthy and their front organizations, particularly hedge funds. What would happen if every small American simply stopped putting money into the market? That is what the markets deserve for their corruption, venality and arrogance.
DTCC Corrects Misrepresentation on Naked Short Selling Litigation
27 January 2006
The Depository Trust & Clearing Corporation today announced its intention to correct the continuing misrepresentation being put out by third parties on DTCC and naked short selling litigation.
To date, 14 suits have been brought against DTCC or its subsidiaries involving naked short selling. Of these 14 cases, 9 were either dismissed by the courts or withdrawn by the plaintiffs. In 4 cases, suits were filed, but DTCC and its subsidiaries were never served.
Bud Burrell
Sanity Check via Wayback, January 18 2006
I was prompted to search Federal Criminal Code for references to how manipulative criminal syndicates were viewed under the Law of the United States. This search led me to two pages in Eustace Mullins’ controversial book, “The World Order”, published in 1985. On page 214, I found that according to his research, prior case law going back to the mid-1800’s viewed “combinations of capitalist and financiers for the purpose of manipulating from a large capital foundation/source to be directly chargeable as “Insurrection and Sedition”. That’s Treason for you non-lawyers out there.
Rod Young, Eagletech CEO’s Open Letter on the Shorting Scandal, a Classic
Bud Burrell, Rod Young
Sanity Check via Wayback, 17 January 2006
Today, more than one month later, the records have not been forthcoming as ordered by the court. Instead, as First Deputy General Counsel for the DTCC, I believe you have undertaken a campaign to disseminate misinformation, lies, and half-truths when confronted with facts made public by your detractors.On March 5, 2005 one day after the announcement of the aforementioned court ruling, your interview @dtcc.com, entitled “Naked Short Selling and the Stock Borrow Program”, stated: “One of these companies has been cited for failing to file financial statements since 2001.” Congratulations! You did get one right. On February 15, 2005, the Securities and Exchange Commission deemed it necessary for the protection of investors to institute proceedings pursuant to Section 12(j) of the Securities Exchange Act of 1934 In the Matter of Eagletech Communications, Inc., Respondent.
Right Makes Might, Courtesy of Abraham Lincoln, February 27, 1860
Bud Burrell
Sanity Check via Wayback, 16 January 2006
I offered a former SEC Regulatory Counsel access to my files (certainly the most comprehensive of any expert in this matter). When I told him the sheer size of the files and suggested he might want me to parse them to him, he said “I’ll call you.” Right. It was obvious he wanted plausible deniability. I expected no call, and got none.
Having said that, this morass is turning into a situation analogous to the stage Slavery was in 1860, when Lincoln made his great speech at Cooper Union in New York City, containing the third element of his statement supporting the concept of “Right makes Might.”
THE DOLLAR HAS NO INTRINSIC VALUE : DO YOUR ASSETS?
