http://sec.gov/comments/s7-19-07/s71907-652.htmuly 14, 2008
Securities and Exchange Commission
100F Street NE
Washington DC
Mr. Chairman,
On July 13, 2008 the SEC put out a public notice firing a warning shot over the bow of rumor mongers who use the spread of false rumors to manipulate our public markets. The SEC has identified that examinations of compliance operations will take place to insure that compliance programs are designed to prevent the intentional creation or spreading of false information intended to affect securities prices, or other potentially manipulative conduct.
I must ask the Chairman and the Commission staff what evidence the Commission has provided the public that would support the belief that this exercise is nothing more than a smoke and mirrors show? Clearly the Commission has failed to respond to these complaints over the past decades as public issuers and public investors have demanded enforcement actions in this area of market manipulation.
It is documented that public financial message boards are littered with paid bashers who provide a service to hedge funds intent on destroying the market capitalization of issuers they hold short interest on. Similarly enlisted by these hedge funds are members of the financial media for whom the SEC initiated an investigation through subpoenas in 2006 only to have those subpoenas stricken by the Commission staff prior to any evidence being gathered.
Knowing that the SEC has issued a subpoena to Overstock.com CEO Patrick Byrne regarding his interests in naked short selling abuses, demanding all documents he had on the subject matter, it is not without reason to believe that the computer he received containing over 8,000 e-Mails documented the aforementioned is in fact in the hands of the SEC as well. Byrne addresses these e-Mails at Deep Capture Blog and discloses several who are identified in this game of manipulation.
What does this all have to do with the proposed rule I comment on? Everything
Simply spreading a rumor does not guarantee a response. Many times a catalyst is also required. That catalyst is the very perception that the rumor must be true based on the markets responses.
In Bear Stearns, Lehman, and public issues across the market and over decades we have seen how trading into settlement failures have and continue to create that catalyst. The SECs own OEA analysis confirms that investors otherwise unable to short the equity due to the tightening up of equity short sale rules have moved their sales over to the Options Market and have essentially rented out the options market exemption into the equity.
If a hedge fund can do this, what is the difference between that hedge fund shorting the equity into a failure or shorting an options market and having the options market maker short the equity into a failure? Isnt the abusive leverage obtained in the failed trade the same? Does the equity market and those investing in this market understand the difference between an equity fail and a hedged options market fail as it is portrayed into that equity market?
When Bear Stearns was morphed into dust, as was the billions in market cap lost to all investors, could it have been avoided?
He is testifying against collusion and rumor mogering while using short selling as the fraud vehicle. The short sell is not the problem, it is the co-ordinated tortious intereference.