Article: Goldman Sachs Internal Memo (Yesterday): “Easy to Borrow List to be Discontinued”

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Goldman Sachs Internal Memo (Yesterday): “Easy to Borrow List to be Discontinued”

Patrick Byrne

DeepCapture, 23 July 2015

My battle with Wall Street started off as a fight regarding slop in the settlement system and how it could be used to rig the stock market (the battle later expanded into other areas, including organized crime, economic warfare, and what I felt was an insufficiently proactive regulatory environment, the latter of which, I am happy to say, is showing signs of real improvement). For a decade I have asserted that one of the sources of that slop has been the system that governs short selling. One of the sources of that slop has concerned how hedge funds locate stock to short sell. And one form of that slop originates in the “Easy to Borrow List” that prime brokerages put out each day.

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Comment: Goldman stopped but everyone else still does it.

Article: As China stocks sink, some accuse Morgan Stanley, other foreign forces

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As China stocks sink, some accuse Morgan Stanley, other foreign forces

Laura  He

MarketWatch, 3 July 2015

The recent, drastic stock-market meltdown in China seems to have freaked out the country’s government and central bank, as their repeated efforts to stabilize the markets have failed, at least so far.

And now, some segments of Chinese society are now raising the possibility that “evil” market forces going short to ruin the economy, and even suspecting investment “predators” of lurking behind the turmoil, with Morgan Stanley among the names mentioned.

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Article: Supreme Court to Hear Appeal of Third Circuit ‘Naked’ Short Selling Securities Suit

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Supreme Court to Hear Appeal of Third Circuit ‘Naked’ Short Selling Securities Suit

Timothy Raub

LexisNexis, 30 June 2015

The U.S. Supreme Court today agreed to hear an appeal of a Third Circuit U.S. Court of Appeals ruling remanding a securities class action lawsuit over the alleged illegal “naked” short selling of a company’s stock back to state court Merrill Lynch, Pierce, Fenner & Smith Inc., et al. v. Greg Manning, et al., No. 14-1132, U.S. Sup.

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Article: UBS Fined $12M for System Failures Surrounding Nakes Short Selling

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UBS Fined $12M for System Failures Surrounding Nakes Short Selling

Nicholas Guiliano

Securities Arbitration Attorneys, 20 June 2015

UBS Securities LLC was fined $12 million and censured by the Financial Industry Regulatory Authority, or FINRA, for widespread system deficiencies and a failure to supervise that led to tens of millions of improper short sales.

The firm violated federal securities laws and FINRA rules at various times from January 2005 through March 2010, with several violations continuing through the end of 2010. The violations included improperly excepting short sales from the rules and the improper inclusion of securities in short sales that should have been off limits.

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Article: Illegal Naked Short Selling Appears to Lie at the Heart of an Extensive Stock Manipulation Scheme

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Illegal Naked Short Selling Appears to Lie at the Heart of an Extensive Stock Manipulation Scheme

Larry Smith

SmithOnStocks, 16 June 2015

Only a motivated enforcement agency with subpoena power and an accompanying powerful enforcement infrastructure can prove that naked shorting is at the heart of an extensive stock manipulation scheme. However, I believe that the observational evidence is overwhelming that naked shorting practices are widely used to manipulate the stock prices of emerging biotechnology companies as well as many other small and large companies. Unfortunately, naked shorting is an investment variable that investors must understand if they are going to make investments in the emerging biotechnology space in particular and the equity markets in general.

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Article: Forbes Flashback: How George Soros Broke The British Pound And Why Hedge Funds Probably Can’t Crack The Euro

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Forbes Flashback: How George Soros Broke The British Pound And Why Hedge Funds Probably Can’t Crack The Euro

Forbes, 07 June 2015

Greek citizens voted against further austerity measures demanded by the Troika financing their rescue package, casting even more doubt on the country’s future as a member of the eurozone and throwing bond and currency markets into an uproar.

The euro has plunged from $1.20 to $1.09 this year (see chart). The feared unraveling of the currency – which, admittedly, would take a lot more than Greece’s departure – calls to mind another currency fiasco from the early 1990s, when George Soros and a group of other investors that included fellow hedge fund managers Paul Tudor Jones and Bruce Kovner, bet against a central bank’s ability to hold the line on its currency.

Forbes took a deep dive into that trade in the November 9, 1992 issue, illuminating how Soros made $1.5 billion in just a single month by betting the British pound and several other European currencies were priced too richly against the German deutsche mark.

The entire group cashed in big-time. Jones’ funds made $250 million, while Kovner’s Caxton Corp. rang the register to the tune of $300 million, but no one made more than Soros, who cleared $1.5 billion in that fateful month of September. (The score made Soros’ legend and swelled his firm’s coffers; assets under management jumped to $7 billion, from $3.3 billion, by mid-October 1992, and to $11 billion by the end of 1993.)

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Article: How to Handle a Short Attack on a Stock You Own

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How to Handle a Short Attack on a Stock You Own

Keith Fitz-Gerald

TotalWealth, 3 June2015

An anonymous individual writing under the name “The Pump Stopper” launched a vicious attack on Ekso Bionics Holdings Inc. (OTC:EKSO) yesterday that immediately pressured the stock and caused it to drop 24.28% to close at $1.36 a share on heavy volume. Understandably, that makes a lot of people nervous.

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Comment: This appears to be a stellar example of a life-saving vital technology company being destroyed by collusion between a placement agent and naked short sellers.

Article: Short sellers’ accusations against Chinese reverse mergers: Information analytics or guilt by association?

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Short sellers’ accusations against Chinese reverse mergers: Information analytics or guilt by association?

Hongqi Liu, Nan Xu, Jianming Ye, 02 June 2015

This paper studies short sellers’ trading strategies and their effects on the financial market by examining their accusations of fraud against Chinese reverse merger firms (CRMs) in the US. We find that short sellers rely on firms’ fundamental information, especially relative financial indicators, to locate their “prey.” Specifically, they compare a target firm’s financial indicators (e.g., growth and receivables) with both the industry average and the firm’s history. Continue reading “Article: Short sellers’ accusations against Chinese reverse mergers: Information analytics or guilt by association?”

Article: BofA’s Merrill fined $11m over short selling

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BofA’s Merrill fined $11m over short selling

Ben McLannahan

Financial Times, 1 June 2015

The Securities and Exchange Commission has fined Bank of America’s Merrill Lynch unit $11m for failing to keep proper records of stock available to borrow, after irregular trades were carried out over at least six years.

The case relates to short selling — or betting that the price of a stock will fall — in which investors such as hedge funds ask their brokers to find stock to borrow, which they then sell, hoping to buy it back later for less.

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Article: Merrill Lynch Fined by FINRA

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SEC charges Merrill Lynch, fines firm $11 million for short sales violations

Francine McKenna

MarketWatch, 1 June 2015

The Securities and Exchange Commission announced charges Monday against Bank of America’s Merrill Lynch subsidiary for using bad data since 2012 to “locate” stock for short sales, violating Rule 203(b) of Regulation SHO. That rule prevents “naked” short sales, shorting shares that are not “easy to borrow.” The firm admitted the wrongdoing and will pay a $9 million penalty plus interest and give up $1.6 million in profits. Merrill Lynch must also submit to a compliance review by an independent consultant.

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Article: SEC charges Merrill Lynch, fines firm $11 million for short sales violations

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SEC charges Merrill Lynch, fines firm $11 million for short sales violations

Francine McKenna, 01 June 2015

The Securities and Exchange Commission announced charges Monday against Bank of America’s BAC, +1.88% Merrill Lynch subsidiary for using bad data since 2012 to “locate” stock for short sales, violating Rule 203(b) of Regulation SHO. That rule prevents “naked” short sales, shorting shares that are not “easy to borrow.” The firm admitted the wrongdoing and will pay a $9 million penalty plus interest and give up $1.6 million in profits. Merrill Lynch must also submit to a compliance review by an independent consultant. Continue reading “Article: SEC charges Merrill Lynch, fines firm $11 million for short sales violations”

Article: FX collusion scandal reaches Australia, class action launched

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FX collusion scandal reaches Australia, class action launched

Byron Kaye, 27 May 2015

An Australian law firm filed a class action lawsuit on Monday against five major international investment banks accusing them of colluding to rig foreign exchange rates during 2008-2013 to jack up profits at the expense of businesses and investors.

The case involved some of the same banks caught up in similar currency market scandals in Europe and the United States.

UBS AG, Barclays Bank Plc, Citigroup Inc, Royal Bank of Scotland Group Plc and JP Morgan AG are accused, according to Australian court documents, of colluding to increase the price clients paid for certain investment products in order to fix exchange rates at more costly levels. Continue reading “Article: FX collusion scandal reaches Australia, class action launched”

Article: KYLE BASS VS POZEN INC. (POZN): PETITION FOR INTER PARTES REVIEW

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KYLE BASS VS POZEN INC. (POZN): PETITION FOR INTER PARTES REVIEW

ValueWalk, 21 May 2015

The Coalition for Affordable Drugs VII LLC (“CFAD” or “Petitioner”) respectfully requests inter partes review of claims 1-23 of U.S. Patent No. 6,926,907 (“the ’907 Patent”) (Ex. 1001) in accordance with 35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.100 et seq. The ’907 Patent is assigned to Pozen Inc. II. Mandatory Notices Per 37 C.F.R. § 42.8 Continue reading “Article: KYLE BASS VS POZEN INC. (POZN): PETITION FOR INTER PARTES REVIEW”

Article: Barclays, Citicorp, JPMorgan, RBS, and UBS Enter Guilty Pleas Stemming from Collusion and Fraud in Foreign Exchange Market; Banks Agree to Pay More Than $5.8 Billion in Fines for Misconduct

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Barclays, Citicorp, JPMorgan, RBS, and UBS Enter Guilty Pleas Stemming from Collusion and Fraud in Foreign Exchange Market; Banks Agree to Pay More Than $5.8 Billion in Fines for Misconduct

GLOBE NEWSWIRE, 20 May 2015

Hausfeld, a global claimants’ firm dedicated to handling complex litigation, announced today that five defendants in In re Foreign Exchange Benchmark Rates Antitrust Litigation, 13-cv-7789 (S.D.N.Y.), have agreed with the U.S. Department of Justice to plead guilty to violating U.S. law through their conduct in the foreign exchange (“FX”) market. Barclays PLC, Citicorp, JPMorgan Chase & Co., and The Royal Bank of Scotland PLC pled guilty to violating U.S. antitrust laws. UBS AG pled guilty to wire and mail fraud after the DOJ determined that UBS’s misconduct in the FX market had breached UBS’s prior non-prosecution agreement for LIBOR-related misconduct. The guilty pleas entered today reflect widespread collusion in the FX market over a period of several years.

In addition to the guilty pleas, the banks agreed to pay more than $2.7 billion to the Department of Justice to resolve the DOJ’s FX investigations. The Federal Reserve imposed further fines of more than $1.6 billion on affiliates of the same five banks and a fine of $205 million on Bank of America Corporation for “unsafe and unsound practices.” Barclays will also pay a $1.3 billion fine as part of settlements with the New York Department of Financial Services, the Commodity Futures Trading Commission, and the Financial Conduct Authority. Continue reading “Article: Barclays, Citicorp, JPMorgan, RBS, and UBS Enter Guilty Pleas Stemming from Collusion and Fraud in Foreign Exchange Market; Banks Agree to Pay More Than $5.8 Billion in Fines for Misconduct”

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