Article: Congratulates Bloomberg Television for Its Emmy Nomination for ‘Phantom Shares’, a Special Report on Naked Short Selling

Article - Media, Publications Congratulates Bloomberg Television for Its Emmy Nomination for ‘Phantom Shares’, a Special Report on Naked Short Selling

PRNewswire, 02 November 2007

Bloomberg Television’s special report on naked short selling entitled “Phantom Shares” was nominated for an Emmy(R) Award for Business & Financial Reporting by the National Academy of Television Arts & Sciences. The report, which was nominated for outstanding investigative reporting of a business news story – news magazines and long form, featured and its Chairman and CEO, Patrick Byrne, extensively. It examined the strategy and execution of naked short selling, the threat this poses to American entrepreneurship, and the steps regulators are taking to control it.

Patrick Byrne said of the news, “Unsettled trades in our stock settlement system present a serious problem to our capital markets. Bloomberg’s report shed light on the issue and brought it into the mainstream. It is an example of the critical, investigative mindset that is essentially absent within American financial journalism, and I am pleased to see Bloomberg being recognized for its fine work.”

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Article: Bloomberg TV’s Special Report “Phantom Shares” (later nominated for an Emmy for Investigative Journalism)

Article - Media, Publications

Bloomberg TV’s Special Report “Phantom Shares” (later nominated for an Emmy for Investigative Journalism)

PATRICK BYRNE, 05 April 2007

Bloomberg Television has produced a shocking 25 minute exposé showing how Wall Street rogues are exploiting a crack in the system to steal tens of billions of dollars from Americans. The Bloomberg piece starts by talking about Overstock (I make a brief appearance, as a guy just trying to be a good citizen), but goes on to describe a wildly illegal scheme that hurts thousands of companies and millions of Americans with stock accounts. This may turn into a financial scandal that makes Enron look like a Sunday picnic.

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Article: Goldman Snared In Naked Shorting Probe

Article - Media

Goldman Snared In Naked Shorting Probe

Liz Moyer

Forbes, 14 March 2007

One of Wall Street’s biggest prime brokers has been taken to task by the Securities and Exchange Commission and the Big Board for not catching on to its customers’ illegal trading activities.

Goldman Sach’s clearing and execution division is paying $2 million to settle accusations it relied too heavily on what its customers told it without investigating trading activity that showed signs of something being amiss.

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Article: Bloomberg TV Examines ‘Phantom Shares’ in Special Report Tonight

Article - Media, Publications

Bloomberg TV Examines ‘Phantom Shares’ in Special Report Tonight

Bloomberg , 13 March 2007

NEW YORK, March 13 /PRNewswire/ — Tonight BLOOMBERG TELEVISION(R) examines a little-known stock trading practice that can be affecting your portfolio and your company. The special report, titled “Phantom Shares,” explores the problem of “naked shorting” in the stock market. The half-hour BLOOMBERG TELEVISION program is scheduled to air on Tuesday, March 13, 2007 at 7:00, 9:00 and 10:00 p.m. ET.

Every day, millions of shares of stock are sold but can’t be delivered because of an obscure trading practice called “naked short selling.” In a normal short sale, an investor borrows shares and sells them, making a profit if the price falls by replacing the borrowed shares with cheaper ones. In a naked short sale, an investor doesn’t borrow the shares, but sells them anyway. In extreme cases, the investor sells “Phantom Shares,” shares that don’t exist. The BLOOMBERG TELEVISION report, anchored by Mike Schneider, explains this practice, how it’s executed and what the Securities and Exchange Commission is doing in an effort to control it. Continue reading “Article: Bloomberg TV Examines ‘Phantom Shares’ in Special Report Tonight”

Article: Flames Flare Over Naked Shorts

Article - Media

Flames Flare Over Naked Shorts

Dan Mitchell

New York Times, 20 January 2007

UNSUSPECTING readers of certain stock message boards may be forgiven for believing they have stumbled into a flame war among 14-year-old boys. But the increasingly vicious online dispute actually involves, among others, the chief executive of a publicly traded corporation and a longtime business journalist.

The chief executive is Patrick Byrne, who in recent years has taken to asserting that a vast conspiracy of securities traders, journalists and government officials is bent on bringing down the stock of his company,, a peddler of excess inventory. The journalist is Gary Weiss, the author and former BusinessWeek reporter who has made a second career out of ridiculing Mr. Byrne on his blog (

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Article: Naked Short Selling – How Exposed Are Investors?

Article - Academic

Naked Short Selling: How Exposed are Investors?

James W. Christian, Robert Shapiro, John-Paul Whalen

The Houston Law Review, 10 November 2006

Regulation SHO is a start, but in order to guarantee a fair market place, the SEC must close the loopholes in Regulation SHO and institute comprehensive reforms to the clearing and settlement system. Until the SEC makes these necessary reforms and addresses the DTCC’s mismanagement of the Stock Borrow Program, investors will continue to be exposed to the manipulative potential of naked short selling.

PDF (58 Pages):  HLR Naked Short Selling 2006-11-10

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: Naked [Short Selling] Horror


Naked Horror

Liz Moyer

Forbes, 25 August 2006

Suspicious trading last year in shares of Global Links, a small Nevada real estate holding company, was far more intense than previously thought.

Data released to Patch earlier this month had shown trade fails of 10 million shares starting in mid-April, a time when 4 million shares of Global Links were issued and outstanding.

Web: Lies, Invention, Journalists, and the SEC


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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Article: Hedge Fund Hell

Article - Media

Hedge Fund Hell

Liz Moyer

Forbes cited by RGM Communications via Wayback, 28 July 2006

Toronto-based Fairfax Financial Holdings filed a $5 billion lawsuit against SAC Capital, Rocker Partners and a number of other hedge funds, claiming they manipulated the insurance company’s stock, shearing its market cap by one-third.

Earlier this week, the regulatory arm of NYSE Group, fined Daiwa Securities America, Goldman Sachs Execution & Clearing, Credit Suisse Securities, and Citigroup Global Markets $1.25 million for violations of Regulation SHO–a rule put in place in January 2005 to clamp down on abuses–related to how they handle and monitor short-sale transactions by hedge funds and other clients.

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Article: ‘Naked’ short selling is center of looming legal battle


‘Naked’ short selling is center of looming legal battle

Companies on the defensive seize upon an aggressive form of shorting

Alistair Barr

MarketWatch, 14 June 2006

By one contentious estimate, it’s a big problem plaguing more than 10% of stocks on the New York Stock Exchange and Nasdaq. An NYSE probe into whether naked shorting was used to force down shares of Vonage Holdings Corp. VG, +3.53% lower during the Internet phone company’s May initial public offering has added fuel to the fire. See full story.

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Article: dukes it out with short sellers

Article - Media, Publications dukes it out with short sellers

The Associated Press, 12 June 2006

Most people buy stock hoping the price goes up, but hedge fund manager David Rocker was “shorting” shares of Utah-based Internet retailer Inc., betting the share price would decline.

Rocker’s fund was making a legal bet that Overstock shares in 2004 were overvalued and due for a correction. CEO Patrick Byrne, however, sued, accusing New York-based Rocker Partners of collaborating on disparaging reports with the stock-research firm Gradient Analytics of Scottsdale, Ariz., while Rocker was shorting the shares. Continue reading “Article: dukes it out with short sellers”