You do realize those are not "naked shorts" nor are they "air shares" they are borrowed shares that were sold, and the margin accounts from which they were borrowed then sold the shares and Penson was simply a day or few late in recalling the shares from the borrower to replace (typically by finding another margin account with borrowable shares and if not by forcing the borrower to buy the shares on the open market).
That is NOT "naked shorting" - it is a day or few days delay in delivery. Instead of settling on T+3, occasionally Penson was slow and settled on T+6. Big freakin' deal.
If that's the evidence that is being proffered for SPNG, then that is not at all on point to the claim of "NSS" and "air shares".
And beyond that, there's nothing to show that this occurred with SPNG - Penson cleared thousands of tickers.
But the real issue is that this is zero evidence of any NSS conspiracy.
Gosh. C'mon now, this is the best evidence one can provide?
Oh my.
