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Stuck and Screwed! RSS Feed

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Posts (Total)
318
Created
10/16/11
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This board is for the discussion of publicly traded companies guilty of issuing unregistered shares, and the repercussions/ramifications of having done so.

Currently, some investors are experiencing considerable difficulties/expenses for trading certain OTC/Pinksheet stocks. It is likely this will be a growing problem with all brokerage firms, whether they do their trade clearing in-house or otherwise, as the trade-clearing costs for OTC/Pinksheet companies are fast becoming too unbearable for brokerage firms to absorb themselves.

While these 'issues' currently pertain to DTCC-cleared investors, it ultimately pertains to anyone who trades pinksheet stocks. IMVHO, the DTCC's actions are just the beginning to the end of ALL OTC/Pinksheet companies that sell unregistered shares. The House of (crooked pinksheet) Cards is just beginning to fall.


Penson's non-DTC eligible stock issues:

After having been slammed exorbinent 'fees' twice by Penson for physical clearing, I have begun to understand why Penson has taken this course, and believe it may become an issue with all brokers, big and small, in due time.

While the full story is somewhat longer, the gist of it all stems from publicly traded companies that have sold unregistered shares, ie; shares not registered with the SEC. The DTCC (the clearing house for Penson) is finding some/many of these unregistered shares to be sold under false pretenses and are now determining it is better to simply not clear electronic trades made on companies with unregistered shares in the market. Instead, the trade must be accounted for physically (ie; stock certificate), which is where the exorbinent costs arise. These actions (physical clearing) saves the DTCC from the possibility of clearing questionable shares, thereby avoiding potential legal fallouts.

It is likely that all other brokerage firms who clear trades themselves, will eventually follow suit. However, this will pose a major problem for them, as they will find they hold questionable shares and certainly won't want to be forced to cover those questionable shares at a loss if for some reason, all shares of a particular questionable security were called in. 

The DTCC is smart. They're ahead of the inevitable impending 'implosion' of the questionable microcap market. They're eliminating their risk exposure first, before it becomes an 'across the board' dilemma. You won't find the DTCC clearing any questionable shares. When all the other brokerage firms begin charging clearing costs, watch for the implosion of all non-reporting companies. Non-reporting companies will either be forced to begin reporting, or they'll fold for lack of funds required to become current.


While Penson is being casted as a crook for these exorbinent fees, the blame truly falls in the lap of every publicly traded company that has issued shares without registering those shares with the SEC.


(For traders of OTC/Pinksheet stocks, it may do well to know in advance if prospective or current positions in companies have ever issued unregistered shares. It is entirely possible to buy a DTCC eligible stock today, only to have it delisted tommorrow, thereby incurring the exorbinent fees upon exiting. If the trade-clearing issue becomes widespread, as it appears it will, you may find your broker (regardless of who they are) not willing to allow you to sell, ie; total loss. Kiss the value of your shares good-bye. Worse yet, to add salt to the wounds of your loss, those worthless shares will remain in your account, constantly reminding you of the dangers of pinksheet investing.


It is not inconceivable that stock can be counterfeited any more than real money can/has been counterfeited. We have all heard CEOs say they are not selling new shares despite the daily appearance of dilution. There may very well be truth to this, in some/many instances. While actual counterfeit shares are fairly rare, NSS is common and is the same as counterfeit shares, since the increase the float, albeit artificially.


Since the OTC/Pinksheet market is minimally SEC unregulated, it has become the Wild, Wild West of the stock market more than ever before. Investors clamour for SEC oversight, but fact is, the SEC is not going to oversee pinksheet stocks anymore than the DEA will oversee/regulate drug trafficking, or the ATF, gun-running. In other words, you're on your own. Roundtables are lip service. The Roundtable meeting scheduled (10-17-11) likely resulted in very little, if anything at all. Billions of shares have been naked shorted, and there is just no way to rectify that. Bottom line is, naked shorting and counterfeit shares are coming to a head and the DTC is the first to put their foot down.

Below is the most comprehensive list available of non-DTC eligible symbols, updated 10-18-11, by myself. Be aware that this list is continually growing as the DTCC discovers companies that have issued unregistered shares.

Remember, this is currently only a Penson/DTCC issue, but the heart of the problem lies with unregistered (and potentially counterfeit) shares, which virtually ALL brokerages must deal with sooner or later, due to high clearing costs and the inability to 'just pass it (shares) on to the next buyer'.

Pinksheets is the shark-infested waters of the stock market. If you swim with the sharks, expect to get bitten if you're lucky. Eaten, if not.

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