Article: Part 8: Illegal Naked Shorting Series: Who or What is Cede and What Role Does Cede Play in the Trading of Stocks?

Article - Media

Part 8: Illegal Naked Shorting Series: Who or What is Cede and What Role Does Cede Play in the Trading of Stocks?

Larry Smith

Smith On Stocks, 1 July 2019

ost investors when they buy a publicly traded stock believe that they own a part of some company. They think that somewhere there is a stock certificate or some indication of ownership that has their name on it, but this is not the case. When you buy a “stock” you are actually purchasing a security that affords certain entitlement rights related to registered stock which actual owners hold. The registered shares of a private company are directly owned by shareholders. In contrast, the registered shares of nearly all publicly traded equities are owned by Cede & Co., which is the nominee of the Depository Trust Company (DTC). (A nominee is a company whose name is given as having title to a stock, but does not receive the financial benefits of ownership.) Cede is a subsidiary of the Depository Trust Company (DTC) which is a subsidiary of the Depository Trust and Clearing Corporation (DTCC) and the DTCC is a private company owned by elite Wall Street firms and money center banks. If you need background or a refresher on DTC and DTCC, click on this link. Effectively, elite Wall Street firms and money center banks, not institutions and individual investors, own almost all of the registered shares of publicly traded companies in the US.

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Filing: Gamma vs Merrill Lynch, Morgan Stanley

Filing

Gamma vs Merrill Lynch, Morgan Stanley

CourtListener, 27 June 2019

This action arises from Defendants’ unlawful and intentional manipulation of COMEX Gold Futures, COMEX Silver Futures, NYMEX Platinum Futures, and NYMEX Palladium Futures contracts, and options on those futures contracts (collectively, “precious metals futures contracts”) traded on the New York Mercantile Exchange (“NYMEX”) and the Commodity Exchange, Inc. (“COMEX”) from approximately January 1, 2008 through December 31, 2014 (the “Class Period”) in violation of the Commodity Exchange Act, 7 U.S.C. §§ 1, et seq. (the “CEA”) and the common law.

PDF (29 pages): Gamma vs Merrill Lynch, Morgan Stanley

Article: Part 6 Illegal Naked Shorting: The SEC’s Regulation SHO is Intended to Prevent Illegal Naked Shorting, But is Ineffective

Article - Media

Part 6 Illegal Naked Shorting: The SEC’s Regulation SHO is Intended to Prevent Illegal Naked Shorting, But is Ineffective

Larry Smith

Smith On Stock, 22 May 2019

In previous blogs I traced the history of stock trading from the 1960s when stock certificates and cash were physically exchanged to settle trades to the paper free, totally electronic system that exists today. Instead of owning stock certificates, we now own digital entries located somewhere in the vaults of the inscrutable Depository Trust and Clearing Corporation (DTCC). This electronic system is absolutely critical to the functioning of our capital markets and our strong economic system. However, the DTCC and the prime brokers who own it have made the clearing and settlement system virtually non-transparent. This enables the routine manipulation of primarily but not exclusively, small stocks through illegal naked shorting.

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Article: Naked Shorting In The Uber IPO: It Couldn’t Happen On A Blockchain

Article - Media

Naked Shorting In The Uber IPO: It Couldn’t Happen On A Blockchain

Caitlin Long

Forbes, 16 May 2019

The SEC explicitly gave banks a green-light to naked-short securities that are subject to underwriting commitments, such as IPOs. It revealed this in a Q&A about Regulation SHO (available here, Question 1.5).

Continue reading “Article: Naked Shorting In The Uber IPO: It Couldn’t Happen On A Blockchain”

Article: Uber underwriters worried about the IPO deployed unusual ‘naked short’ tactic to support the stock

Article - Media

Uber underwriters worried about the IPO deployed unusual ‘naked short’ tactic to support the stock

Leslie Picker, Hugh Son

CNBC, 14 May 2019

Uber’s underwriters, led by Morgan Stanley, were so worried the company’s initial public offering had run into trouble, they deployed a nuclear option ahead of the deal last week, so they could provide extra support for the stock, four people with knowledge of the move said.

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Article: Part 5 in Series on Illegal Naked Shorting’s Role in Stock Manipulation: Traditional Shorting Compared to Naked Shorting (Both Legal and Illegal)

Article - Media

Part 5 in Series on Illegal Naked Shorting’s Role in Stock Manipulation: Traditional Shorting Compared to Naked Shorting (Both Legal and Illegal)

Larry Smith

Smith On Stocks, 29 April 2019

This is the fifth blog in the series that I am writing to describe how illegal naked shorting is used broadly and massively to manipulate the stock prices of (primarily small) companies. I have been studying illegal naked shorting for nearly five years and I have found it to be incredibly complex and disturbingly it is widely practiced on Wall Street. My earlier blogs were intended to build a foundation needed to understand future blogs.

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Article: Part 2 in Series on Illegal Naked Shorting’s Role in Stock Manipulation- Conventional Wisdom on How Short Sales are Executed

Article - Media

Part 2 in Series on Illegal Naked Shorting’s Role in Stock Manipulation- Conventional Wisdom on How Short Sales are Executed

Larry Smith

Smith On Stocks, 4 April 2019

The current conventional wisdom on how a short sale is transacted is that a short seller borrows stock from a specific investor who is long the stock, then at some later point buys back the stock in the open market. They then return the stock to that “same specific investor” from whom it was borrowed. Before I met ShareIntel, this is what I thought happened, but as I began to work with them and to do more research on my own, I was jolted when I realized that this is not what goes on in the real world of Wall Street and in later reports I will address how the actual process facilitates widespread naked shorting that enables stock manipulation by some hedge funds..

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Article: Part 1 in a Series of Reports on Blatant, Widespread Stock Manipulation that is Enabled by Illegal, Naked Shorting

Article - Media

Part 1 in a Series of Reports on Blatant, Widespread Stock Manipulation that is Enabled by Illegal, Naked Shorting

Larry Smith

Smith On Stocks,  27 March 2019

I am convinced that price manipulation by Wall Street bad actors is endemic in the capital markets and swindles legitimate investors out of billions of dollars each year. This criminal enterprise is particularly directed against the stocks of emerging growth companies that are at the cutting edge of technological innovation and jobs creation and are so critical to solving humanity’s greatest challenges. Because my research deals with biotechnology, I am most aware of innumerable, vicious attacks on biotechnology companies, but the scheme is perpetrated on all types of companies, primarily small but also large.

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Article: Short Selling and the New Market Manipulation

Article - Media, Publications

Short Selling and the New Market Manipulation

John C. Coffee, Jr. and Joshua Mitts,  18 March 2019

Stock market manipulation has been around since shortly after stock markets were invented. Everyone is familiar with the methodology in the standard “pump and dump” scheme: False rumors are circulated, the stock is bid up by the manipulators, supply might be constrained, and, once the public’s appetite is aroused, the stock is dumped by the manipulators.

But the internet has changed all that. No need exists today for the boiler shop or its battery of phones or even carefully assembled lists of suckers. All that one needs today is to put one’s message (written under a pseudonym) on a blog that features hot news about individual stocks. Of these sites, the best known and most watched is Seeking Alpha, whose “Short Ideas” column contains numerous posts recommending that specific stocks be shorted. Reversing the old pattern, the focus is no longer on touting stocks for an immediate rise, but rather on suggesting a dark downside. Once the professional media may have played a gatekeeper role, refusing to publish wild and unsubstantiated reports. But on the blogs, it is the Wild West today. Continue reading “Article: Short Selling and the New Market Manipulation”

Article: Antelope Enterprise Holdings Ltd – 6-K – CCCL / China Ceramics Co., Ltd FORM 6-K (Current Report of Foreign Issuer) – April 20, 2018

Article - Media, Publications

Antelope Enterprise Holdings Ltd – 6-K – CCCL / China Ceramics Co., Ltd FORM 6-K (Current Report of Foreign Issuer) – April 20, 2018

Fintel, 20 February 2018

On April 19, 2018, China Ceramics Co., Ltd. (the “Company”) entered into a securities purchase agreement (the “Agreement”) with certain individual investors relating to a registered direct offering, issuance and sale (the “Offering”) of an aggregate of 770,299 of its shares (the “Shares”), at a purchase price of $1.56 per share, the closing price of the Company’s equity securities as reported on Nasdaq on the same date. The Shares were offered pursuant to the Company’s previously filed and effective Registration Statement on Form F-3 that was filed with the Securities and Exchange Commission on August 21, 2015, subsequently amended, and declared effective October 15, 2015 (File No. 333-206516). The Company filed a prospectus supplement related to the Offering dated April 19, 2018. Continue reading “Article: Antelope Enterprise Holdings Ltd – 6-K – CCCL / China Ceramics Co., Ltd FORM 6-K (Current Report of Foreign Issuer) – April 20, 2018”

Article: Jim Cramer Shorting Stocks, Manipulating Markets, Saying The SEC Doesn’t Understand

Article - Media, Publications

Jim Cramer Shorting Stocks, Manipulating Markets, Saying The SEC Doesn’t Understand

Julie Satow, 06 December 2017

In light of the current economic crisis, and with the hullabaloo ignited recently by Jon Stewart over the accuracy of CNBC’s reporting, we thought it might be useful to revisit this shocking 2006 interview Jim Cramer gave to TheStreet.com’s Aaron Task.
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Release: SEC – Millennium Settles Charges of Illegal Short Selling in Advance of Stock Offerings [No Jail Time for Anyone!]

Release

Millennium Settles Charges of Illegal Short Selling in Advance of Stock Offerings

FOR IMMEDIATE RELEASE 2017-203

Washington D.C., Oct. 31, 2017 —

Investment advisory firm Millennium Management LLC has agreed to pay more than $630,000 to settle charges that it shorted U.S. stocks in companies planning follow-on offerings and then illegally bought shares in the follow-on offerings.

Continue reading “Release: SEC – Millennium Settles Charges of Illegal Short Selling in Advance of Stock Offerings [No Jail Time for Anyone!]”

Paper: Counterfeiting Stock

Paper

Counterfeiting Stock

Anna McParland

The Creation of Counterfeit Shares — There are a variety of names that the securities industry has dreamed up that are euphemisms for counterfeit shares. Don’t be fooled : Unless the short seller has actually borrowed a real share from the account of a long investor, the short sale is counterfeit. It doesn’t matter what you call it and it may become non–counterfeit if a share is later borrowed, but until then, there are more shares in the system than the company has sold.

The magnitude of the counterfeiting is hundreds of millions of shares every day, and it may be in the billions. The real answer is locked within the prime brokers and the DTC. Incidentally, counterfeiting of securities is as

It is estimated that 1000 small companies have been put out of business by the shorts.

PDF (12 Pages): Paper Counterfeiting Stock

Article: Court Orders Hedge Fund Advisers to Pay $12.9 Million in SEC Fraud Case

Article - Media, Publications

Court Orders Hedge Fund Advisers to Pay $12.9 Million in SEC Fraud Case

Elizabeth Dalziel, 22 August 2017

On August 2, 2017, a federal court in Connecticut ordered Steven Hicks (“Hicks”), a hedge fund manager, and his hedge fund advisory firms to pay almost $13 million. This payment includes disgorgement and a penalty. In 2010, the Securities and Exchange Commission (“SEC”) filed a complaint against Hicks and his two hedge fund advisers, Southridge Capital Management LLC (“Southridge Capital”) and Southridge Advisors, LLC (“Southridge Advisors”).

The complaint alleged that Hicks, Southridge Capital, and Southridge Advisors committed fraud by placing investor money in illiquid securities when investors were told that “at least 75% of their money would be invested in unrestricted, free-trading shares.” Continue reading “Article: Court Orders Hedge Fund Advisers to Pay $12.9 Million in SEC Fraud Case”

Article: JPMorgan Fined for Bad Trade Surveillance Parameter Settings

Article - Media

JPMorgan Fined for Bad Trade Surveillance Parameter Settings

Trillium, 1  August 2017

Last week, the enforcement divisions of the three major exchange groups released a settlement agreement with JP Morgan Securities imposing an $800,000 fine for inadequate pre-trade controls and post-trade surveillance.

The post-trade surveillance portion of the settlement agreement revealed that JPMS used an unnamed “commercial non-proprietary Third-Party Surveillance System” (it wasn’t Surveyor), but set the parameters of that system “at levels that were unreasonable to detect activity that may be indicative of layering and spoofing activity.”

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THE DOLLAR HAS NO INTRINSIC VALUE : DO YOUR ASSETS?