Article: Deutsche Bank Unit Hit With Record Short-Sale Fine

Article - Media

Deutsche Bank Unit Hit With Record Short-Sale Fine

Law360, 10 September 2008

According to NYSE Regulation, NYSE Euronext’s enforcement arm, Deutsche Bank Securities made a significant but unquantified number of short sales without borrowing the stocks, entering an agreement to borrow the stocks or even being reasonably sure that the stocks were available to borrow. Deutsche Bank Securities also agreed to be censured.

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Article: Searching for the naked truth

Article - Media

Searching for the naked truth

The Economist, 17 August 2008

For much of this financial crisis, America’s Securities and Exchange Commission (SEC) has cut a pathetic figure, relegated to the sidelines as a hyperactive Federal Reserve tried a variety of creative measures to keep the system afloat. When the market watchdog finally did get in on the act, it was highly controversial: a temporary order restricting short-selling the shares of 19 financial firms deemed systemically important, including Fannie Mae and Freddie Mac, the two troubled mortgage agencies.

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Article: SEC’s ban on short-selling Fannie, Freddie ends

Article - Media

SEC’s ban on short-selling Fannie, Freddie ends

Marcy Gordon

New York Times, 13 August 2008

A government order expires Tuesday that temporarily banned a certain kind of short-selling of the stocks of mortgage finance companies Fannie Mae (FNM) and Freddie Mac (FRE) and 17 large investment banks.

The companies’ shares have stabilized since the ban took effect July 21. The Securities and Exchange Commission says its order helped prevent stock manipulation, and that regulators will be able to analyze data to gauge its effectiveness. But some experts say that may be difficult to determine.

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Article: Did It Help to Curb Short Sales?

Article - Media

Did It Help to Curb Short Sales?

Floyd Norris

The New York Times, 12 August 2008

A rule that made it harder to short some financial stocks and that may have helped raise prices and reduce the volume of shorting in those stocks expired Tuesday, as the Securities and Exchange Commission considers whether to tighten the rules on all short selling.

It may be a coincidence, but the announcement of the rule on July 15 coincided with the bottom of the bear market for financial stocks, which leaped that day and are now well above where they were. And the final day proved to be a very bad day for those shares.

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Web: How Big is the Failure to Deliver/Naked Shorting Problem? Yet More Information

Web

How Big is the Failure to Deliver/Naked Shorting Problem? Yet More Information

Bob O’Brien

Sanity Check via Wayback, 8 August 2008

How big is the problem? I mean, we hear the now famous $6 billion delivery failure number tossed around from the DTCC, but how accurate is that, really? Is it a complete answer? Is there more information that is knowable?

The answer is, yes, more is knowable.

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Web: Why The DTCC Is A Prime Mover In Securities Fraud and Naked Shorting

Web

Why The DTCC Is A Prime Mover In Securities Fraud and Naked Shorting

Bob O’Brien

Sanity Check via Wayback, 5 August 2008

To hear them tell it, they are powerless to deal with NSS, acting more as a vessel through which stock flows. They ignore that they are an SRO, chartered with regulating the business conduct of their owner/members. They pretend that they don’t become the intermediary, and thus the contra-party to the trade to both buyer and seller, and thus in full control of buying in failed trades (if they wanted). They pass self-serving rules that declare they can’t force a failing member to buy in the fail, even though they are chartered with ensuring timely clearance and settlement. And for years they have been claiming that NSS is basically a non-issue, while their press geeks and counsel employ mind-numbing doubletalk.

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Article: Swatting an Imaginary Fly

Article - Media

Swatting an Imaginary Fly

Thomas G. Donlan

Barrons, 28 July 2008

The stock market was a safer place last week and the financial system was somewhat less endangered. How do we know? The Securities and Exchange Commission ordained it.

“The SEC’s mission to protect investors, maintain orderly markets and promote capital formation is more important now than it has ever been,” Chairman Christopher Cox declared on July 15, as the commission took action to “stop unlawful manipulation through ‘naked’ short-selling that threatens the stability of financial institutions.”

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Notice: Public Statement by SEC Chairman Naked Short Selling Is One Problem a Slumping Market Shouldn’t Have

Notice

Public Statement by SEC Chairman:
Naked Short Selling Is One Problem a Slumping Market Shouldn’t Have

Chairman Christopher Cox

SEC.gov, 18 July 2008

The demise of IndyMac, coming on the heels of Bear Stearns’ desperate sale to JPMorgan Chase, is a sure sign of the fragility of today’s markets. What’s needed now, more than ever, is reliable information for investors and confidence that trading can be conducted without the illegal influence of manipulation.

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Web: Cox: “Many people think naked short selling is already illegal, but that isn’t true….”

Web

Cox: “Many people think naked short selling is already illegal, but that isn’t true….”

Bob O’Brien

Sanity Check via Wayback, 17 July 2008

Remarkably, or perhaps not so remarkably, literally hours after issuing an emergency order requiring short sellers to actually borrow the stock they sell – but only in the large financial companies largely complicit in causing hundreds of billions of dollars of damage to the financial markets via naked short selling – several interesting things happened. If you read my last blog, you’ll see I saw it coming. Loopholes, poor craftsmanship, silliness, dishonesty, all baked into the SEC cake so that the proclamation has little real world effect.

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Web: SEC Discovers That Unbridled Naked Short Selling Might Actually Be, Er, Not So Good….

Web

SEC Discovers That Unbridled Naked Short Selling Might Actually Be, Er, Not So Good….

Bob O’Brien

Sanity Check via Wayback, 15 July 2008

What we are seeing is the US markets relentlessly melting down, as even the bulge bracket firms, and the “too big to fail” entities, are victimized by unbridled, unconstrained naked short selling. Exactly as used to be the case in the 1920’s. Exactly in the manner that resulted in the SEC being formed, and the uptick rule (discarded just a few short months back as an anachronism), and requirements for timely clearing and delivery. All of which the SEC has basically ignored, very deliberately.

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Testimony: Bud Burrell Comments on Amendments to Regulation SHO

Testimony

Bud Burrell Comments on Amendments to Regulation SHO

SEC, 13 July 2008

“August 1973 I started on Wall Street in Block Trading for Bache. Worked in all Major firms through the years.Traveled all over the world.

From $6 Billion per day Fails to deliver is now Over $13 1/2 billion per day.

There is More Naked Short shares in the market than there is Outstanding Shares.

We have allowed our Clearing systems to be Gamed, to the point where they are able to manipulate markets.”

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