Filing: Overstock.com v Goldman Sachs & Co

Filing

Overstock.com v Goldman Sachs & Co

13 November 2014

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demurrers to plaintiffs’ New Jersey Racketeer Influence and Corrupt Organizations (RICO) claim without leave to amend and subsequently granted summary judgment on plaintiffs’ California market manipulation claims.

PDF (61 pages): Overstock.com v Goldman Sachs & Co

Web: RGM Communications Archive on Naked Short Selling

Web

RGM Communications Archive on Naked Short Selling

Accessed via Wayback, 31 January 2001 – 31 March 2014

Listed below are a large number of public information articles and reports detailing the brokerage houses, market makers and the conduct of the main “street” characters engaged in the illegal practice of “naked short selling”, “death-spiral financing”, “failure to delivers (FTDs)” and/or stock fraud. This page is a resource for anyone wishing to educate themselves regarding the depth and breath of these illegal activities. Please note that some of the articles may have been added out of time sequence because they were discovered weeks or months after publication. All the dates are, to the best of our knowledge, when they came into the public domain.

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Article: Florida state professors settle naked short-selling case

Article - Media, Publications

Florida state professors settle naked short-selling case

Sarah N. Lynch, 01 February 2014

WASHINGTON (Reuters) – Two Florida State University professors who specialize in financial markets and physics will pay more than $670,000 to settle civil charges that they carried out an illegal short-selling scheme using an elaborate options strategy, U.S. regulators said on Friday.

Gonul Colak and Milen Kostov settled with the Securities and Exchange Commission without admitting or denying the charges. Continue reading “Article: Florida state professors settle naked short-selling case”

Article: Looting the Pension Funds All across America, Wall Street is grabbing money meant for public workers

Article - Media

Looting the Pension Funds

All across America, Wall Street is grabbing money meant for public workers

Matt Taibbi

Rolling Stone, 10 October 2013

Raimondo’s strategy for saving money involved handing more than $1 billion – 14 percent of the state fund – to hedge funds, including a trio of well-known New York-based funds: Dan Loeb’s Third Point Capital was given $66 million, Ken Garschina’s Mason Capital got $64 million and $70 million went to Paul Singer’s Elliott Management.

The state’s workers, in other words, were being forced to subsidize their own political disenfranchisement, coughing up at least $200 million to members of a group that had supported anti-labor laws.

This is the third act in an improbable triple-fucking of ordinary people that Wall Street is seeking to pull off as a shocker epilogue to the crisis era.

Baker reported that, had public pension funds not been invested in the stock market and exposed to mortgage-backed securities, there would be no shortfall at all.

It’s a scam of almost unmatchable balls and cruelty, accomplished with the aid of some singularly spineless politicians. And it hasn’t happened overnight. This has been in the works for decades, and the fighting has been dirty all the way.

Union leaders all over the country have started to figure out the perils of hiring a bunch of overpriced Wall Street wizards to manage the public’s money.

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Article: Stripped bare

Article - Media

Stripped bare

Securities Lending Times, 20 August 2013

“Abusive”, “like a form of terrorism” and “funny paper”are three descriptions of naked short selling, given by the Securities and Exchange Committee, a life insurance company CEO, and broker-dealer Jeffrey Wolfson, respectively.

They do not do much to dispel the belief of naked shorting as a practice that is even worse than selling a borrowed security, only to buy it back at a lower price—what we know as covered short selling.

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Article: Steve Cohen: The Feds Get Tough, Sort Of

Article - Media, Publications

Steve Cohen: The Feds Get Tough, Sort Of

MATT TAIBBI, 01 August 2013

He’s Wall Street’s ultimate comic-book villain – with his glowing bald head and marble eyes, he looks a little like Lex Luthor. But maybe the best comparison for famed hedge-fund shark and long-suspected insider-trading ringleader Steve Cohen is the Joker. Earlier this year, when the SEC extracted $616 million from Cohen’s fund in two regulatory settlements, he expressed his deep remorse by buying, within weeks, a $155 million Picasso and a $60 million beach house in the Hamptons, right down the road from his other Hamptons beach house, worth $18 million.

It was a big fat middle finger to the government, flipped by a man who clearly thought he was getting away with a slap on the wrist, the way every other brazen Wall Street crook in the past half-decade has done so far. Continue reading “Article: Steve Cohen: The Feds Get Tough, Sort Of”

Article: SEC charges SAC Capital’s Steven Cohen over insider trading

Article - Media, Publications

SEC charges SAC Capital’s Steven Cohen over insider trading

Verdict Staff, 22 July 2013

The US Securities and Exchange Commission (SEC) has filed civil charges against Steven Cohen, head of the hedge fund SAC Capital, for failing to supervise two portfolio managers and prevent insider trading.

In the complaint, the SEC alleges that Cohen received highly suspicious information that should have caused any reasonable hedge fund manager to investigate the basis for trades made by two portfolio managers who reported to him, Mathew Martoma and Michael Steinberg. Continue reading “Article: SEC charges SAC Capital’s Steven Cohen over insider trading”

Paper: Naked Short Selling: Is it Information-Based Trading?

Paper

Naked Short Selling: Is it Information-Based Trading?

Harrison Liu, Sean T. McGuire, Edward P. Swanson

SSRN Electronic Journal, 21 June 2013

Citing a widely held belief that naked short selling is not based on company fundamentals, the SEC (2008) has substantially tightened Reg. SHO close-out regulations in an effort to eliminate naked short selling. Contrary to accepted belief, we find that accounting fundamentals are highly significant in explaining naked short sales. Further, naked short sales contain incremental information about future stock prices: Abnormal returns from a long/short trading strategy that buys (sells short) shares with low (high) short interest are more than seven times larger using naked and covered short interest, compared to returns using only covered short interest (15.2 percent vs. 2.1 percent annualized). Our findings show that recent actions by regulators to eliminate naked short sales are likely to impede informed arbitrage and reduce market efficiency.

PDF ( 41 pages): Naked Short Selling: Is it Information-Based Trading?

Article: SEC fines optionsXpress, individuals $4.8 million for naked short sales

Article - Media, Publications

SEC fines optionsXpress, individuals $4.8 million for naked short sales

Reuters Staff, 10 June 2013

NEW YORK (Reuters) – A Securities and Exchange Commission judge has ordered optionsXpress, its former chief financial officer and a customer to pay a total of $4.8 million in fines and to return $4.2 million for illegally selling shares they did not hold.

The order was posted late Friday on the SEC’s website.

A lawyer for Charles Schwab Corp, which bought optionsXpress in 2011 after the alleged violations occurred, said that optionsXpress “respectfully disagrees” with the ruling and is considering an appeal.

“There was no naked short selling in this case,” Stephen Senderowitz, a lawyer representing optionsXpress, said in an email to Reuters.

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Petition: Stop Wall Street From Fraudulent Trades That Short Sell & Undermine the American Dream

Petition

Stop Wall Street From Fraudulent Trades That Short Sell & Undermine the American Dream

MoveOn.org

The Wall Street trading practice known as “naked short selling” is destroying the American dream by threatening our economy while robbing investors, businesses, retirees, homeowners, and hard-working Americans of trillions of dollars and jobs. This illegal practice helped bring down our economy in 2008 and is a concern of all Americans—both Republicans and Democrats. We demand that the White House and members of the Senate Banking Committee and House Financial Services Committee work with new leadership at the SEC and a new Congress to put an end to naked short selling, once and for all!

Continue reading “Petition: Stop Wall Street From Fraudulent Trades That Short Sell & Undermine the American Dream”

Article: FERC probes JPMorgan over electricity charges

Article - Media

FERC probes JPMorgan over electricity charges

Katarzyna Klimasinska

SF Gate, 3 July 2012

JPMorgan Chase & Co. is being investigated over potential power-market manipulation that inflated payments for electricity, according to the U.S. Federal Energy Regulatory Commission.

FERC, which has pledged to combat manipulation of prices, began its probe after reports last year of bidding practices by JPMorgan that were deemed abusive by California and Midwest grid operators, according to documents provided by the agency.

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Web: SEC Charges optionsXpress and Five Individuals Involved in Abusive Naked Short Selling Scheme

Web

SEC Charges optionsXpress and Five Individuals
Involved in Abusive Naked Short Selling Scheme

SEC, 16 April 2012

The SEC’s Division of Enforcement alleges that Chicago-based optionsXpress failed to satisfy its close-out obligations under Regulation SHO by repeatedly engaging in a series of sham “reset” transactions designed to give the illusion that the firm had purchased securities of like kind and quantity. The firm and customer Jonathan I. Feldman engaged in these sham reset transactions in a number of securities, resulting in continuous failures to deliver. Regulation SHO requires the delivery of equity securities to a registered clearing agency when delivery is due, generally three days after the trade date (T+3). If no delivery is made by that time, the firm must purchase or borrow the securities to close out the failure-to-deliver position by no later than the beginning of regular trading hours on the next day (T+4).

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Article: SEC charges OptionsXpress over naked short selling

Article - Media, Publications

SEC charges OptionsXpress over naked short selling

Reuters Staff, 16 April 2012

April 16 (Reuters) – The online brokerage OptionsXpress and five individuals were charged by the U.S. Securities and Exchange Commission with involvement in an abusive naked short-selling scheme.

The SEC on Monday said the scheme involved a series of sham transactions, violating a regulation requiring that equity securities be delivered when due.

Four OptionsXpress officers and a customer were charged by the SEC. Three of the officials settled without admitting or denying the regulator’s findings.

The SEC said the misconduct lasted from at least October 2008 to March 2010. Charles Schwab Corp bought OptionsXpress last year.

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Article: Anger at Goldman Still Simmers

Article - Media

Anger at Goldman Still Simmers

Gretchen Morgenson

New York Times cited by RGM Communications via Wayback, 26 March 2012

Just before the financial crisis began in September 2008, a prominent hedge fund appeared well positioned to take advantage of any turmoil in the markets. That fund, Copper River Partners, had made sizable bets months earlier against companies whose stocks it expected to suffer.

Within weeks, however, Copper River, once a successful $1.5 billion hedge fund, was out of business, having unexpectedly absorbed losses on the very bets it thought would be profitable.

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Filing: SEC v Citigroup

Filing

SEC v Citigroup

28 November 2011

On October 19, 2011, the U.S. Securities and Exchange Commission
(the “S.E.C.”) filed this lawsuit, accusing defendant Citigroup
Global Markets Inc. (“Citigroup”) of a substantial securities fraud.
According to the S.E.C.’s Complaint, after Citigroup realized in
early 2007 that the market for mortgage-backed securities was
beginning to weaken, Citigroup created a billion-dollar Fund (known
as “Class V Funding III”) that allowed it to dump some dubious assets
on misinformed investors.

PDF (15 pages): SEC v Citigroup

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