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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.
 
If you shorted tech stocks in 2001 or real estate and banks in 2008, were you unpatriotic? How is that different from proclaiming downturns? Is Shelly unpatriotic for lamenting the downfall of the RE market on this board since 2005? I don't think so.

Shorts are an easy target but the folks to blame are the people running the companies that were overvalued and unprepared. Citi is trading at 1.00 because they made stupid business decisions. They deserved the hit the market gave them. GE is trading at 6.00 because the board and shareholders elected an idiot for a CEO, who hired more idiots to run things.

Blaming the shorts is just another form of offloading individual responsibility - something we seem to be doing too often these days.

Agreed. Propping up bloated and fatally flawed businesses at the expense of actual productive companies is socialism and doesn't make America more competitive.
 

Bob

SoWal Insider
Nov 16, 2004
10,366
1,391
O'Wal
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.
guns don't kill people...ever heard that line?
 

Bob

SoWal Insider
Nov 16, 2004
10,366
1,391
O'Wal
Naked Short Sales Hint Fraud in Bringing Down Lehman (Update1) - Bloomberg.com March 19 (Bloomberg) -- The biggest bankruptcy in history might have been avoided if Wall Street had been prevented from practicing one of its darkest arts.

As Lehman Brothers Holdings Inc. struggled to survive last year, as many as 32.8 million shares in the company were sold and not delivered to buyers on time as of Sept. 11, according to data compiled by the Securities and Exchange Commission and Bloomberg. That was a more than 57-fold increase over the prior year?s peak of 567,518 failed trades on July 30.

The SEC has linked such so-called fails-to-deliver to naked short selling, a strategy that can be used to manipulate markets. A fail-to-deliver is a trade that doesn?t settle within three days.

?We had another word for this in Brooklyn,? said Harvey Pitt, a former SEC chairman. ?The word was ?fraud.??

While the commission?s Enforcement Complaint Center received about 5,000 complaints about naked short-selling from January 2007 to June 2008, none led to enforcement actions, according to a report filed yesterday by David Kotz, the agency?s inspector general.

The way the SEC processes complaints hinders its ability to respond, the report said.

Twice last year, hundreds of thousands of failed trades coincided with widespread rumors about Lehman Brothers. Speculation that the company was being acquired at a discount and later that it was losing two trading partners both proved untrue.

After the 158-year-old investment bank collapsed in bankruptcy on Sept. 15, listing $613 billion in debt, former Chief Executive Officer Richard Fuld told a congressional panel on Oct. 6 that naked short sellers had midwifed his firm?s demise.

Gasoline on Fire

Members of the House Committee on Government Oversight and Reform weren?t buying that explanation.

?If you haven?t discovered your role, you?re the villain today,? U.S. Representative John Mica, a Florida Republican, told Fuld.

Yet the trading pattern that emerges from 2008 SEC data shows naked shorts contributed to the fall of both Lehman Brothers and Bear Stearns Cos., which was acquired by JPMorgan Chase & Co. in May.

?Abusive short selling amounts to gasoline on the fire for distressed stocks and distressed markets,? said U.S. Senator Ted Kaufman, a Delaware Democrat and one of the sponsors of a bill that would make the SEC restore the uptick rule. The regulation required traders to wait for a price increase in the stock they wanted to bet against; it prevented so-called bear raids, in which successive short sales forced prices down.
 

30ashopper

SoWal Insider
Apr 30, 2008
6,845
3,471
59
Right here!
That's naked short selling, which is illegal. This also isn't proven, I've seen some posts on it and it may well just be an anomoly in the numbers. Regardless, there is a difference here between the legal form of short selling and the illegal kind. You appear to be roping the two together.
 

Bob

SoWal Insider
Nov 16, 2004
10,366
1,391
O'Wal
That's naked short selling, which is illegal. This also isn't proven, I've seen some posts on it and it may well just be an anomoly in the numbers. Regardless, there is a difference here between the legal form of short selling and the illegal kind. You appear to be roping the two together.
yes, i am
 

yorkshireman

Beach Comber
Jul 4, 2005
24
12
Hey TraderX

Interesting to find a Trader on a message board such as this. There are trading boards enough, heaven knows, but they tend to be dominated by spam, shysters, professional shills or bashers. Everyone is touting their own particular investment and trashing everyone elses. It can get tedious reading them it really can.

Just wondering what your strategy is in this highly volatile market? Anything you particularly like long or short just now?

Do you trade FX and commodities or mostly stocks? Are you employed by a firm or trading on your own account?
 

traderx

Beach Fanatic
Mar 25, 2008
2,133
467
Hey TraderX

Interesting to find a Trader on a message board such as this. There are trading boards enough, heaven knows, but they tend to be dominated by spam, shysters, professional shills or bashers. Everyone is touting their own particular investment and trashing everyone elses. It can get tedious reading them it really can.

Just wondering what your strategy is in this highly volatile market? Anything you particularly like long or short just now?

Do you trade FX and commodities or mostly stocks? Are you employed by a firm or trading on your own account?

I trade my own account. I am typically a swing trader but in this environment, I only trade on hourly graphs. Never daytrade; don't have the quick fluid crazy mind required. :D

I am trading ETF's in this environment. Individual stock risk is high so don't wanna go there. I do my best to avoid a long or short orientation.
 

yorkshireman

Beach Comber
Jul 4, 2005
24
12
I trade my own account. I am typically a swing trader but in this environment, I only trade on hourly graphs. Never daytrade; don't have the quick fluid crazy mind required. :D

I am trading ETF's in this environment. Individual stock risk is high so don't wanna go there. I do my best to avoid a long or short orientation.


Interesting.

I have never mastered TA, as you clearly have. Indeed most traders. The human mind has a need to see patterns I guess, and you guys obviously do, but to me short term moves just look totally random.

Also you wonder why TA would actually work? Why would (say) a head and shoulders pattern be a predictor of a move just because it did once? If some great shocking news event takes place the stock flies or tanks accordingly whatever the chart might indicate. If the Bollinger bands are tightening or not!

The nearest I can think of to get my head round it is that so many pro traders use it that the perceived TA points of resistance and support actually become so. Like a self fulfilling prophecy. Then if the traded instrument breaks out there is a rush for shorts to cover or longs to bail perpetuating the move in whichever direction this takes place.

Still it works for some people. And not just the vendors of charting software!

I am a fundamentalist myself, although obviously I keep a close watch on the charts. With a long term time frame by your standards.

Was going to swap trading ideas but if you are a chartist we aren't really on the same page unfortunately.

Best of luck anyway!
 
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