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Re: EarnestDD post# 63879

Friday, 11/23/2012 7:22:45 AM

Friday, November 23, 2012 7:22:45 AM

Post# of 167964
PROOF of “Net” FTDs (NSS) & Extra Key DD for ALL...

When a stock is on the Reg SHO Threshold Security List, it is under the authority of the SEC of which is clearly explained in great detail from the SEC website below and is "PROOF" that ”Net” Failure to Delivers (FTDs) or “Net” Naked Short Shares (NSS) do ”officially” exist:
http://www.sec.gov/spotlight/keyregshoissues.htm

As of 21 Nov 2102 (the last trading day), SRGE is still on the Reg SHO Threshold Security List as indicated below:

SRGE on the Reg SHO Threshold Security List under the authority of Rule 3210 as of Monday, November 21, 2012:
http://www.nasdaqtrader.com/trader.aspx?id=RegSHOThreshold





http://www.finra.org/Industry/Regulation/Notices/2006/p016719

SEC Approves New Rule 3210 Applying Short Sale Delivery Requirements to Non-Reporting OTC Equity Securities; Effective Date: July 3, 2006
Executive Summary


On April 4, 2006, the Securities and Exchange Commission (SEC) approved new Rule 3210, Short Sale Delivery Requirements, which applies short sale delivery requirements to those equity securities not otherwise covered by the delivery requirements of Regulation SHO, namely non-reporting OTC equity securities.1 Rule 3210, among other things, requires participants of registered clearing agencies to take action on failures to deliver that exist for 13 consecutive settlement days in certain non-reporting securities. In addition, if the fail to deliver position is not closed out in the requisite time period, a participant of a registered clearing agency or any broker-dealer for which it clears transactions is prohibited from effecting further short sales in the particular specified security without borrowing, or entering into a bona-fide arrangement to borrow, the security until the fail to deliver position is closed out. …



SRGE Subjective to Rule 4320 Confirmation as of Monday, November 21, 2012:
http://www.otcmarkets.com/stock/SRGE/short-sales
(Scroll down towards the bottom half of the page.)

Rule 4320. Short Sale Delivery Requirements
http://finra.complinet.com/en/display/display_main.html?rbid=2403&element_id=9398

(a) If a participant of a registered clearing agency has a fail to deliver position at a registered clearing agency in a non-reporting threshold security for 13 consecutive settlement days, the participant shall immediately thereafter close out the fail to deliver position by purchasing securities of like kind and quantity.



I believe that SRGE have not had any shares sold pursuant to SEC Rule 144. This means that SRGE would not be subjected to Paragraph (a)(1) of Rule 4320 where their time frame for those SEC Rule 144 shares to be bought back would instead be 35 consecutive settlement days under Rule 4320.

Below is some due diligence (DD) for all to help understand just what Failure to Delivers (FTDs) are and how they should be understood to understand what is happening with SRGE being on the Reg SHO Threshold Security List:

Dark Side of the Looking Glass: Part 1


Dark Side of the Looking Glass: Part 2


Dark Side of the Looking Glass: Part 3


Dark Side of the Looking Glass: Part 4


Dark Side of the Looking Glass: Part 5


Dark Side of the Looking Glass: Part 6


Dark Side of the Looking Glass: Part 7


Dark Side of the Looking Glass: Part 8


Dark Side of the Looking Glass: Part 9


Deep Capture – The Movie
http://www.deepcapturethemovie.com/

DTCC on Naked Shorting
http://www.dtcc.com/leadership/issues/nss/

Naked Short Selling Wiki
http://en.wikipedia.org/wiki/Naked_short_selling

Key video by Senator Robert F. Bennett below:
http://www.cnbc.com/id/15840232?video=652216599&play=1
(You might have to give it a couple minutes to upload.)

v/r
Sterling