Article: In Pursuit of the Naked Short by Alexis Stokes

Article - Academic

In Pursuit of the Naked Short

Alexis Stokes, Texas State University

Journal of Law and Business 5/1 (Spring 2009)

This article explores the origins of naked short-selling litigation; considers
the failures of significant naked short-selling lawsuits in federal court;
surveys the obstacles erected collectively by constitutional standing requirements, the Federal Rules of Civil Procedure, the Private Securities Litigation Reform Act, brokerage firms, death spiral financiers, and the Depository Trust and Clearing Corporation; examines the efficacy of Regulation SHO, SEC rule 10b-21, and new FINRA rules; discusses recent state legislation and state court litigation; and identifies non-litigation options to curb naked short-selling. Ultimately, this article seeks to answer the question: If manipulative naked short-selling is more than a mythological scapegoat for
small cap failure, what remedies are, or should be, available?

PDF (62 Pages): Article In Pursuit of the Naked Short

Web: The Coming Sentencing of Anthony Elgindy, What he is and what he deserves.

Web

The Coming Sentencing of Anthony Elgindy, What he is and what he deserves.

Bud Burrell

Sanity Check via Wayback, 9 April 2006

On May 2nd, Anthony Elgindy is to be sentenced for his activities as a short selling syndicate operator. Over the course of several years, he attacked a couple of thousand companies, in the process putting many of them out of business. If he had been a killer or rapist, his crimes would have been collectively viewed as being “serial” in nature.

We continue to forget that Elgindy is a previously convicted felon for insurance fraud. He has now been convicted of six counts of another form of financial fraud. These counts clearly demonstrate that he engaged in operation of a criminal syndicate to manipulate markets for securities by counterfeiting (a Class B Federal Felony) those same securities, a Class A felony according to the US CJS (Criminal Code) for syndicalism, an act of insurrection and sedition, treason to its core.

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Web: Global Client Elgindy Slammed by US Attorney

Web

Global Client Elgindy Slammed by US Attorney

Bud Burrell, Lee M. Webb

Street Wire cited by Sanity Check via Wayback, 4 March 2006

Amr (Anthony) Elgindy, a short selling fraudster who conducted many of his trades through Vancouver-based Global Securities Corp., deserves “a very substantial term of imprisonment,” according to Assistant United States Attorney John Nathanson. In fact, the U.S. government thinks Mr. Elgindy should be locked up for life.

Mr. Elgindy was arrested in May of 2002 and convicted on 11 counts of a 32-count indictment for racketeering, securities fraud and extortion last January. He is now scheduled to be sentenced on March 22.

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Web: The Death of a Thousand Cuts

Web

The Death of a Thousand Cuts

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.

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Web: Criminal Syndicalism a Class A Federal Felony, Viewed at Insurrection and Sedition (that’s Treason for the Non-Law Types)

Web

Criminal Syndicalism a Class A Federal Felony, Viewed at Insurrection and Sedition (that’s Treason for the Non-Law Types)

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.

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Web: Federal Regulators Continue to Deny Scope and Implications of Counterfeiting

Web

Federal Regulators Continue to Deny Scope and Implications of Counterfeiting

Bud Burrell

Sanity Check via Wayback, 10 January 2006

Over the past three years, Federal Regulators have continued to systematically deny the evidence of the existence of massive fails to deliver from numerous sources, many of which have gotten credible exposure on numerous levels from highly informed parties that these regulators can not dismiss out of hand. The implications are many, but the most serious are those connected to a massive counterfeiting conspiracy, conducted by a very sophisticated coterie of parties who have been affiliated with one another for literally decades through varying sides of the securities industry, both buy and sell side.

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Release: Former FBI Agent Pleads Guilty to Obstruction of Justice

Article - Media

Former FBI Agent Pleads Guilty to Obstruction of Justice

Robert Nardoza

United States Attorney’s Office, 23 June 2005

ROSLYNN R. MAUSKOPF, United States Attorney for the Eastern District of New York, and JOHN A. KLOCHAN, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office, announced that LYNN WINGATE, a former Special Agent of Federal Bureau of Investigation, pleaded guilty this afternoon to obstruction of justice in connection with her role in interfering with a grand jury’s investigation relating to Amr “Anthony” Elgindy and former FBI Agent Jeffrey A. Royer by accessing the FBI’s confidential law enforcement computer system and then relaying pertinent confidential information to Royer, who was one of the subjects of the investigation.

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Article: FBI Agent Fed Stock Guru Risky Information

Article - Media

FBI Agent Fed Stock Guru Risky Information

New York Post cited by RGM Communications via Wayback, 5 November 2004

A corrupt FBI agent in cahoots with inside traders revealed a steady stream of sensitive information — including one corporate executive’s alleged ties to the Russian mob and an undercover agent’s presence at another firm, according to court testimony yesterday.

The companies’ negative information was posted on the Web site of San Diego financial analyst and self-styled stock guru Amr “Anthony” Elgindy, who profited when their stock went down, a former Elgindy associate testified in federal court in Brooklyn.

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