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Soaring gas prices? Blame a hedge fund.
A former Oil Trader's testimony to Congress:
http://hsgac.senate.gov/public/_files/052008Masters.pdf
(this link has the Charts and Graphs which i could not transfer from the .pdf file. if you want to inspect the illustrated views click on the link above)
Testimony of:
Michael W. Masters
Managing Member / Portfolio Manager
Masters Capital Management, LLC
before the Committee on Homeland Security and Governmental Affairs United States Senate
May 20, 2008
Good morning and thank you, Mr. Chairman and Members of the Committee, for the invitation to speak to you today. This is a topic that I care deeply about, and I appreciate the chance to share what I have discovered.
I have been successfully managing a long-short equity hedge fund for over 12 years and I have extensive contacts on Wall Street and within the hedge fund community. It's important that you know that I aam not currently involved in trading the commodities futures markets. I am not representing any corporate, financial, or lobby organizations. I am speaking with you today as a concerned citizen whose professional background has given me insight into a situation that I believe is negatively affecting the U.S. economy.
While some in my profession might be disappointed that I am presenting this testimony to Congress, I feel that it is the right thing to do.
You have asked the question “Are Institutional Investors contributing to food and energy price inflation?” And my unequivocal answer is “YES.” In this testimony I will explain that Institutional Investors are one of, if not the primary, factors affecting commodities prices today.
Clearly, there are many factors that contribute to price determination in the commodities markets; I am here to expose a fast-growing yet virtually unnoticed factor, and one that presents a problem that can be expediently corrected through legislative policy action.
Commodities prices have increased more in the aggregate over the last five years than at any other time in U.S. history.1 We have seen commodity price spikes occur in the past as a result of supply crises, such as during the 1973 Arab Oil Embargo. But today, unlike previous episodes, supply is ample: there are no lines at the gas pump and there is plenty of food on the shelves.
If supply is adequate - as has been shown by others who have testified before this committee - and prices are still rising, then demand must be increasing. But how do you explain a continuing increase in demand when commodity prices have doubled or tripled in the last 5 years?
What we are experiencing is a demand shock coming from a new category of participant in the commodities futures markets: Institutional Investors. Specifically, these are Corporate and Government Pension Funds, Sovereign Wealth Funds, University Endowments and other Institutional Investors. Collectively, these investors now account on average for a larger share of outstanding commodities futures contracts than any other market participant.
These parties, who I call Index Speculators, allocate a portion of their portfolios to “investments” in the commodities futures market, and behave very differently from the traditional speculators that have always existed in this marketplace.
I refer to them as “Index” Speculators because of their investing strategy: they distribute their allocation of dollars across the 25 key commodities futures according to the popular ndices – the Standard & Poors - Goldman Sachs Commodity Index and the Dow Jones - AIG Commodity Index.
I’d like to provide a little background on how this new category of “investors” came to exist.
In the early part of this decade, some institutional investors who suffered as a result of the severe equity bear market of 2000-2002, began to look to the commodity futures market as a potential new “asset class” suitable for institutional investment. While the commodities markets have always had some speculators, never before had major investment institutions seriously considered the commodities futures markets as viable for larger scale investment programs.
Commodities looked attractive because they have historically been “uncorrelated,” meaning they trade inversely to fixed income and equity portfolios. Mainline financial industry consultants, who advised large institutions on portfolio allocations, suggested for the first time that investors could “buy and hold” commodities futures, just like investors previously had done with stocks and bonds.
Index Speculator Demand Is Driving Prices Higher
Today, Index Speculators are pouring billions of dollars into the commodities futures markets, speculating that commodity prices will increase.
Chart One shows Assets allocated to commodity index trading strategies have risen from $13 billion at the end of 2003 to $260 billion as of March 2008,5 and the prices of the 25 commodities that compose these indices have risen by an average of 183% in those five years!
According to the CFTC and spot market participants, commodities futures prices are the benchmark for the prices of actual physical commodities, so when Index Speculators drive futures prices higher, the effects are felt immediately in spot prices and the real economy.7
So there is a direct link between commodities futures prices and the prices your constituents are paying for essential goods.
The next table looks at the commodity purchases that Index Speculators have made via the futures markets. These are huge numbers and they need to be put in perspective to be fully grasped.
In the popular press the explanation given most often for rising oil prices is the increased demand for oil from China. According to the DOE, annual Chinese demand for petroleum has increased over the last five years from 1.88 billion barrels to 2.8 billion barrels, an increase of 920 million barrels.8 Over the same five-year period, Index Speculators' demand for petroleum futures has increased by 848 million barrels.
The increase in demand from Index Speculators is almost equal to the increase in demand from China!
In fact, Index Speculators have now stockpiled, via the futures market, the equivalent of 1.1 billion barrels of petroleum, effectively adding eight times as much oil to their own stockpile as the United States has added to the Strategic Petroleum Reserve over the last five years.
Let’s turn our attention to food prices, which have skyrocketed in the last six months.
When asked to explain this dramatic increase, economists’ replies typically focus on the diversion of a significant portion of the U.S. corn crop to ethanol production.
What they overlook is the fact that Institutional Investors have purchased over 2 billion bushels of corn futures in the last five years. Right now, Index Speculators have stockpiled enough corn futures to potentially fuel the entire United States ethanol industry at full capacity for a year.
That’s equivalent to producing 5.3 billion gallons of ethanol, which would make America the world’s largest ethanol producer.
Turning to Wheat, in 2007 Americans consumed 2.22 bushels of Wheat per capita.14 At 1.3 billion bushels, the current Wheat futures stockpile of Index Speculators is enough to supply every American citizen with all the bread, pasta and baked goods they can eat for the next two years!
Index Speculator Demand Characteristics
Demand for futures contracts can only come from two sources: Physical Commodity Consumers and Speculators. Speculators include the Traditional Speculators who have always existed in the market, as well as Index Speculators. Five years ago, Index
Speculators were a tiny fraction of the commodities futures markets. Today, in many commodities futures markets, they are the single largest force.15 The huge growth in their demand has gone virtually undetected by classically-trained economists who
almost never analyze demand in futures markets.
Index Speculator demand is distinctly different from Traditional Speculator demand; it arises purely from portfolio allocation decisions. When an Institutional Investor decides
to allocate 2% to commodities futures, for example, they come to the market with a set amount of money. They are not concerned with the price per unit; they will buy as many
futures contracts as they need, at whatever price is necessary, until all of their money has been “put to work.” Their insensitivity to price multiplies their impact on commodity
markets.
Furthermore, commodities futures markets are much smaller than the capital markets, so multi-billion-dollar allocations to commodities markets will have a far greater impact on prices. In 2004, the total value of futures contracts outstanding for all 25 index commodities amounted to only about $180 billion.16 Compare that with worldwide equity markets which totaled $44 trillion17, or over 240 times bigger.
That year, Index Speculators poured $25 billion into these markets, an amount equivalent to 14% of the total market.
Chart Two shows this dynamic at work. As money pours into the markets, two things happen concurrently: the markets expand and prices rise.
One particularly troubling aspect of Index Speculator demand is that it actually increases the more prices increase. This explains the accelerating rate at which commodity futures prices (and actual commodity prices) are increasing.
Rising prices attract more Index Speculators, whose tendency is to increase their allocation as prices rise. So their profit-motivated demand for futures is the inverse of what you would expect from price-sensitive consumer behavior.
You can see from Chart Two that prices have increased the most dramatically in the first quarter of 2008. We calculate that Index Speculators flooded the markets with $55 billion in just the first 52 trading days of this year.
That’s an increase in the dollar value of outstanding futures contracts of more than $1 billion per trading day. Doesn’t it
seem likely that an increase in demand of this magnitude in the commodities futures markets could go a long way in explaining the extraordinary commodities price increases in the beginning of 2008?
There is a crucial distinction between Traditional Speculators and Index Speculators:
Traditional Speculators provide liquidity by both buying and selling futures. Index Speculators buy futures and then roll their positions by buying calendar spreads. They never sell. Therefore, they consume liquidity and provide zero benefit to the futures markets.
It is easy to see now that traditional policy measures will not work to correct the problem created by Index Speculators, whose allocation decisions are made with little regard for the supply and demand fundamentals in the physical commodity markets. If OPEC supplies the markets with more oil, it will have little affect on Index Speculator demand for oil futures.
If Americans reduce their demand through conservation measures like carpooling and using public transportation, it will have little affect on Institutional Investor demand for commodities futures.
Index Speculators’ trading strategies amount to virtual hoarding via the commodities futures markets. Institutional Investors are buying up essential items that exist in limited
quantities for the sole purpose of reaping speculative profits.
Think about it this way: If Wall Street concocted a scheme whereby investors bought large amounts of pharmaceutical drugs and medical devices in order to profit from the
resulting increase in prices, making these essential items unaffordable to sick and dying people, society would be justly outraged.
Why is there not outrage over the fact that Americans must pay drastically more to feed their families, fuel their cars, and heat their homes?
Index Speculators provide no benefit to the futures markets and they inflict a tremendous cost upon society.
Individually, these participants are not acting with malicious intent; collectively, however, their impact reaches into the wallets of every American consumer.
Is it necessary for the U.S. economy to suffer through yet another financial crisis created by new investment techniques, the consequences of which have once again been unforeseen by their Wall Street proponents?
The CFTC Has Invited Increased Speculation
When Congress passed the Commodity Exchange Act in 1936, they did so with the understanding that speculators should not be allowed to dominate the commodities futures markets.
Unfortunately, the CFTC has taken deliberate steps to allow certain speculators virtually unlimited access to the commodities futures markets.
The CFTC has granted Wall Street banks an exemption from speculative position limits when these banks hedge over-the-counter swaps transactions.21 This has effectively
opened a loophole for unlimited speculation.
When Index Speculators enter into commodity index swaps, which 85-90% of them do, they face no speculative position limits.
The really shocking thing about the Swaps Loophole is that Speculators of all stripes can use it to access the futures markets. So if a hedge fund wants a $500 million position in Wheat, which is way beyond position limits, they can enter into swap with a Wall Street bank and then the bank buys $500 million worth of Wheat futures.23
In the CFTC’s classification scheme all Speculators accessing the futures markets through the Swaps Loophole are categorized as “Commercial” rather than “Non-Commercial.” The result is a gross distortion in data that effectively hides the full impact of Index Speculation.
Additionally, the CFTC has recently proposed that Index Speculators be exempt from all position limits, thereby throwing the door open for unlimited Index Speculator
“investment.”24 The CFTC has even gone so far as to issue press releases on their website touting studies they commissioned showing that commodities futures make
good additions to Institutional Investors’ portfolios.25
Is this what Congress expected when it created the CFTC?
Congress Should Eliminate The Practice Of Index Speculation
I would like to conclude my testimony today by outlining three steps that can be taken to immediately reduce Index Speculation.
Number One: Congress has closely regulated pension funds, recognizing that they serve a public purpose. Congress should modify ERISA regulations to prohibit commodity index
replication strategies as unsuitable pension investments because of the damage that they do to the commodities futures markets and to Americans as a whole.
Number Two: Congress should act immediately to close the Swaps Loophole. Speculative position limits must “look-through” the swaps transaction to the ultimate counterparty and hold that counterparty to the speculative position limits. This would curtail Index Speculation and it would force ALL Speculators to face position limits.
Number Three: Congress should further compel the CFTC to reclassify all the positions in the Commercial category of the Commitments of Traders Reports to distinguish those
positions that are controlled by “Bona Fide” Physical Hedgers from those controlled by Wall Street banks. The positions of Wall Street banks should be further broken down based on their OTC swaps counter-party into “Bona Fide” Physical Hedgers and Speculators.
There are hundreds of billions of investment dollars poised to enter the commodities futures markets at this very moment.26 If immediate action is not taken, food and energy prices will rise higher still. This could have catastrophic economic effects on millions of already stressed U.S. consumers. It literally could mean starvation for millions of the world’s poor.
If Congress takes these steps, the structural integrity of the futures markets will be restored. Index Speculator demand will be virtually eliminated and it is likely that food and energy prices will come down sharply.
invest at your own risk, based on your own due diligence, at your own risk tolerance
Market reform is an issue in which I have taken a deepening interest. In my view, I want to make it a personal endeavor. My way of participation in the political process.
In addition to writing snail mail letters to editors of North Carolina newspapers, I will write the local Democratic party in Cabarrus County NC.
Perhaps I will be steered to persons who possess a deep knowledge of market reform including but not exclusive to Reg SHO.
Who says it can affect you locally? I live in Concord NC. Mooresville is 30 miles northeast. Hybrid Technologies has a manufacturing plant there.
In a letter to the editor of the Mooresville Tribune, I included recent public statement by the company.
November 14, 2007
Dale Gowing, Editor
Mooresville Tribune
PO Box 300
Mooresville, NC 28115
dgowing@mooresvilletribune.com
Dear Mr. Gowing:
I am writing to you about an issue of stock market reform that you may one day publish in the business section or the editorial pages. Although it is national in scope, I believe it affects anyone in the community who invests in equities as a means to build wealth.
I will be brief. The issue involves the selling of shares that are borrowed from shareholders—often referred to as short selling—and then collecting the proceeds from the sale on the expectation that they will decline in price. The difference between the sale price and the purchase price is a profit. This practice is entirely legal. Economists have determined that such a practice is essential to maintaining equilibrium between the forces of demand and supply in the equities markets.
What has happened, however, as it pertains to short selling, is that some market participants—most likely rogue hedge funds that operate with a minimum of government regulation--will sell shares of stock without first taking possession of those shares. This is illegal. One could compare it to my borrowing a friend’s car and selling it. In order to return it, I must buy it back. What would be both illegal and highly unethical is for me to sell the car without first having borrowed it. What I have done, in effect, is to create an IOU to the buyer.
The technical term in the stock market for this kind of practice is called fail to deliver. Although some fail to deliver instances may be due to human or mechanical error, the kind of practice that has been thoroughly documented by SEC regulators is illegal—and therefore can be described as criminal. Market participants refer to this practice as naked short selling.
An excellent source for the details of this illegal practice can be accessed at www.Thesanitycheck.com.
In my own small way, I and many thousands of other market participants, working independently and collectively, hope to create a political lobby that will address this issue and seek a redress of a grievance, which is guaranteed under Article 1 of the United States Constitution. We are aware that the small minority of naked short sellers already have a great deal of influence at the Securities and Exchange Commission. It is the laxity on the part of the SEC that allows this practice to continue.
Why is this issue so important? I believe it is because this practice destroys wealth that has been created among many small shareholders, which is then transferred to a small but exclusive group of criminals who are able to influence major brokerage firms while thumbing their noses at government regulations that were enacted since 1934.
In addition, in a period of U.S. economic history where mega companies are transferring jobs and therefore capital investment overseas, it is up the small business section of the U.S. economy to make up for the shortfall. Small companies provide most of the employment in America. We don’t live in a time when a small minority of criminals are getting rich by transferring wealth from the hands of the many into the hands of a few. They are, by default, also destroying the efforts of sincere entrepreneurs who will, I believe, be the source of most of the employment opportunities in the future.
Indeed there is a local connection. Hybrid Technologies has a manufacturing plant in Mooresville. Earlier this year, the company issued a public statement concerning unusual trading activity in its shares, listed on the OTCBB under the ticker HYBT.
Las Vegas, NV - JUNE 27, 2007 - Hybrid Technologies, Inc. (NASD OTCBB: HYBT - HYBT) www.hybridtechnologies.com, emerging leaders in the development and marketing of lithium-powered products worldwide, would like to inform its shareholders of current short activities involved in the downward manipulation of Hybrid Technologies shares.
Shareholders may directly access this Short Interest Position on a monthly basis at the following link: http://www.otcbb.com/asp/OTCE_Short_Interest.asp
The company would also like to make Hybrid shareholders aware of some suspicious stock positions of two companies in particular. Ameritrade Clearing and National Investor Services Corporation report the following positions via DTC and ADP reports.
5/11/2007 NOBO # of Shareholders 5/11/2007 NOBO # of Shares 5/11/2007 NOBO & OBO # of Shares 5/11/2007 DTC # of Shares 5/14/2007 DTC # of Shares 5/15/2007 DTC # of Shares
Ameritrade Clearing 2357 1,240,412 1,352,579 1,227,292 1,238,341 1,835,993
National Investor Services Corporation 884 617,379 644,133 587,350 587,752 1,295
In reviewing the above data, Hybrid has opened an inquiry with NASD to investigate what happened to the shares owned by 884 Hybrid shareholders held at National Investors Services Corporation. Hybrid is also curious that this transaction took place the same day as short positions need to be reported to NASD by member firms. At this time Hybrid awaits a response for this inquiry and will update its shareholders of its findings.
I am not interested in communicating to the Wall Street media. It has ignored this problem for several years. This issue will only garner national attention outside of this small coterie of editors and reporters. In fact, my last letter went to Elizabeth Cook, the editor at the Salisbury Post.
In closing, I am reminded of a message I read on a Yahoo! Finance message board. “History is filled with instances where the small voices combine in revolt and major changes come about. No action guarantees no response.”
Thank you for your attention in this matter.
Sincerely,
David L. Jennings
913 Old Charlotte Rd
Concord NC 28027
Monksdream_98@yahoo.com
704 782 4890
It is useless to contact the movers and shakers within the Wall Street media as it pertains to abusive selling of borrowed shares. The purveyors of this criminal activity already have an active lobby that keeps the SEC from enforcing what is an illegal activity ever since the creation of the Securities and Exchange Act of 1934.
In my view, one must begin at a place where one is. And then one expands. Ultimately, what is needed is a political lobby that allows people to peaceably asseble in order to petiton the government for a redress of a grievance, a right that is guaranteed under Article 1 of the United States Constitution.
I began by writing a snail mail letter to the editor of the local newspaper. This is only the first small step of a journey that I, at present, have no clue where it will lead me.
November 10, 2007
Kathy Nelson, Editor
Concord & Kannapolis Independent Tribune
PO Box 608
Concord NC 28026-0608
news@independttribune.com
Dear Ms. Nelson:
I am writing to you regarding an issue about stock market reform that you may one day include in the business section, or perhaps the editorial pages. Although it is national in scope, I believe it has an affect on anyone in the community who invests in equities as a means to build wealth.
I will be brief. The issue involves the selling of shares that are borrowed from shareholders—often referred to as short selling—and then collecting the proceeds from the sale on the expectation that they will decline in price. The difference between the sale price and the purchase price is a profit. This practice is entirely legal. Economists have determined that such a practice is essential to maintaining equilibrium between the forces of demand and supply in the equities markets.
What has happened, however, as it pertains to short selling, is that some market participants—most likely rogue hedge funds that operate with a minimum of government regulation-- will sell shares of stock without first taking possession of those shares. This is illegal. One could compare it to my borrowing a friend’s car and selling it. In order to return it, I must buy it back. What would be both illegal and highly unethical is for me to sell the car without first having borrowed it. What I have done, in effect, is to create an IOU to the buyer.
The technical term in the stock market for this kind of practice is called fail to deliver. Although some fail to deliver instances may be due to human or mechanical error, the kind of practice that has been thoroughly documented by SEC regulators is illegal—and therefore can be described as criminal. Market participants refer to this practice as naked short selling.
An excellent source for the details of this illegal practice can be accessed at www.Thesanitycheck.com.
In my own small way, I and many thousands of other market participants, working independently and collectively, hope to create a political lobby that will address this issue and seek a redress of a grievance, which is guaranteed under Article 1 of the United States Constitution. We are aware that the small minority of naked short sellers already have a great deal of influence at the Securities and Exchange Commission. It is the laxity on the part of the SEC that allows this practice to continue.
Why is this issue so important? I believe it is because this practice destroys wealth that has been created among many small shareholders, which is then transferred to a small but exclusive group of criminals who are able to influence major brokerage firms while thumbing their noses at government regulations that were enacted since 1934.
In addition, in a period of U.S. economic history where mega companies are transferring jobs and therefore capital investment overseas, it is up the small business section of the U.S. economy to make up for the shortfall. Small companies provide most of the employment in America. We don’t live in a time when a small minority of criminals are getting rich by transferring wealth from the hands of the many into the hands of a few. They are, by default, also destroying the efforts of sincere entrepreneurs who will, I believe, be the source of most of the employment opportunities in the future.
I am not interested in communicating to the Wall Street media. It has ignored this problem for several years. This issue will only garner national attention outside of this tiny arena of editors and reporters.
In closing, I am reminded of a message I read on a Yahoo! Finance message board. “History is filled with instances where the small voices combine in revolt and major changes come about. No action guarantees no response.”
Thank you for your attention in this matter.
It is useless to contact the movers and shakers within the Wall Street media as it pertains to abusive selling of borrowed shares. The purveyors of this criminal activity already have an active lobby that keeps the SEC from enforcing what is an illegal activity ever since the creation of the Securities and Exchange Act of 1934.
In my view, one must begin at a place where one is. And then one expands. Ultimately, what is needed is a political lobby that allows people to peaceably asseble in order to petiton the government for a redress of a grievance, a right that is guaranteed under Article 1 of the United States Constitution.
I began by writing a snail mail letter to the editor of the local newspaper. This is only the first small step of a journey that I, at present, have no clue where it will lead me.
November 10, 2007
Kathy Nelson, Editor
Concord & Kannapolis Independent Tribune
PO Box 608
Concord NC 28026-0608
news@independttribune.com
Dear Ms. Nelson:
I am writing to you regarding an issue about stock market reform that you may one day include in the business section, or perhaps the editorial pages. Although it is national in scope, I believe it has an affect on anyone in the community who invests in equities as a means to build wealth.
I will be brief. The issue involves the selling of shares that are borrowed from shareholders—often referred to as short selling—and then collecting the proceeds from the sale on the expectation that they will decline in price. The difference between the sale price and the purchase price is a profit. This practice is entirely legal. Economists have determined that such a practice is essential to maintaining equilibrium between the forces of demand and supply in the equities markets.
What has happened, however, as it pertains to short selling, is that some market participants—most likely rogue hedge funds that operate with a minimum of government regulation-- will sell shares of stock without first taking possession of those shares. This is illegal. One could compare it to my borrowing a friend’s car and selling it. In order to return it, I must buy it back. What would be both illegal and highly unethical is for me to sell the car without first having borrowed it. What I have done, in effect, is to create an IOU to the buyer.
The technical term in the stock market for this kind of practice is called fail to deliver. Although some fail to deliver instances may be due to human or mechanical error, the kind of practice that has been thoroughly documented by SEC regulators is illegal—and therefore can be described as criminal. Market participants refer to this practice as naked short selling.
An excellent source for the details of this illegal practice can be accessed at www.Thesanitycheck.com.
In my own small way, I and many thousands of other market participants, working independently and collectively, hope to create a political lobby that will address this issue and seek a redress of a grievance, which is guaranteed under Article 1 of the United States Constitution. We are aware that the small minority of naked short sellers already have a great deal of influence at the Securities and Exchange Commission. It is the laxity on the part of the SEC that allows this practice to continue.
Why is this issue so important? I believe it is because this practice destroys wealth that has been created among many small shareholders, which is then transferred to a small but exclusive group of criminals who are able to influence major brokerage firms while thumbing their noses at government regulations that were enacted since 1934.
In addition, in a period of U.S. economic history where mega companies are transferring jobs and therefore capital investment overseas, it is up the small business section of the U.S. economy to make up for the shortfall. Small companies provide most of the employment in America. We don’t live in a time when a small minority of criminals are getting rich by transferring wealth from the hands of the many into the hands of a few. They are, by default, also destroying the efforts of sincere entrepreneurs who will, I believe, be the source of most of the employment opportunities in the future.
I am not interested in communicating to the Wall Street media. It has ignored this problem for several years. This issue will only garner national attention outside of this tiny arena of editors and reporters.
In closing, I am reminded of a message I read on a Yahoo! Finance message board. “History is filled with instances where the small voices combine in revolt and major changes come about. No action guarantees no response.”
Thank you for your attention in this matter.
Congrats and a Hat Tip to...
A Yahoo! Finance member for posting a link about abusive selling of shares whereby money is collected from the sale but the shares are never delivered to the borrower.
Visit: TheSanitycheck.com
Market reform is very much the crusade of Robert Byrne, CEO of Overstock.com (OSTK). His investigation into the practices of faila to deliver by professional short sellers of his own company's stock resulted in a shocking public revelation concerning how these scamsters profit through a legal loophole.
That loophole was closed through Reg SHO.
On Oct. 17 2007, Byrne presented a video/audio slide show called Deep Capture. It is roughly an hour long.
Visit: http://www.deepcapturethemovie.com/
Byrne presents three problems caused by regulatory abuse, from the least to the worst.
Since hedge funds have grown so tremendously in the past 10 years, actually increasing funds under management some 10 fold, they are gradually supplanting stock mutual funds in terms of capital under management.
Stock mutual funds are highly regulated, while hedge funds, which are privately managed equity funds, do business in a murky world with little government, and therefore, public scrutiny. The shareholders aren't necessarily allowed much access into the management strategies.
There is a clear and present danger here. Since these private equity funds escape so much government regulation, they can engage in all of sorts of questionable practices that have litte to do with fair and orderly markets. Since managed money makes up so much of daily trading volumes on exchanges, it is a certainty that private firms, with their access to large sums of capital, are manipulating prices to their advantage and to the disadvantage of the retail account holder, much less the stock mutual fund manager.
When private equity funds go to extremes at price manipulation, including destroying entire companies, there exists the possibility that the entire U.S. economy can be devastated by such excess. Such practices only benefit a small percentage of the population. It is a percentage that is seeking to concentrate wealth into the hands of unscrupulous individuals who apparently have little, if any, concern about the general welfare of the society at large.
This is a matter that screams for public examination through the halls of government and the media.
To 'INVESTORS' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES'/Research.' -
rrufff thanks -
FYI....
RE: the major nss event -
started at 9/11 -
Chart shows the IT-comp. index crash at 9/11 World Trade Ctr. - 666terror -
http://tinyurl.com/agdr4
At 9/11 3000 genius 888 IT-Comp. CEO's etc. murdered -
by the 666terrorist -
after 9/11 terror the 666terrorist continue to nss the IT -
companies who lost -
their CEO's directors etc. to 9/11 -
about $6 trillion was robbed from the 888 IT-companies -
by the 666terrorist evilz -
yes - the 666evilz continue to nss all American companies etc. -
to rob, plunder and destroy -
America Freedom and Liberty -
as the 666bolshevikz did in Great Russia -
history repeat itself -
btw. 100 years minimum in jail to all 666nss-terrorists are overdue -
Imo. Tia.
http://www.888c.com/
God Bless America
Fyi..dd..ex..
http://investorshub.advfn.com/boards/board.asp?board_id=9707
Note.
this pattern - is it how the 666 operate -
first nss destroy the 888companies -
so the666nss can rob them for peanutz later?
Ps.
How the nss666evilz operate its more info below -
http://investorshub.advfn.com/boards/getboards.asp?SearchStr=nss
Fed warns of $100bn credit losses -
Ben Bernanke, Fed chairman
Ben Bernanke's comments are closely watched
Federal Reserve chairman Ben Bernanke has warned that the crisis
in the US sub-prime lending market could cost up to $100bn.
http://news.bbc.co.uk/2/hi/business/6906914.stm
the fed printing up 100bil more fiatz -
their fellowz at the 20 hedge 666 fundz -
gets the missing 100 billion -
to a tax paradise island -
only Martha 888 goes to jail -
the 666 fellows who rob the fed -
will be padded on the back -
just like the REFCO boyz taking away -
more than $450 mil.?
missing from their nss illegal naked short sellings -
their prime functionz -
but no one to jail? -
now 20 more nss hedge fundz -
want to do the same hoax? -
go away with the missing fiatz$ -
only Martha888 goes to jail!!!
666fiatz fraud circuz? -
goes to the beach with lap tops -
to sell more nss?
only Martha888 goes to jail!!!
God Bless America -
Ps.
666fiatz fraud circuz? -
goes to the beach with lap tops -
to sell more illegal nss?
for another 100 billion? -
want to earn free bucky on the market crash?
want to sit a tax paradise were its no or less risk -
for the long law arms ?
http://www.chadbourne.com/bankruptcy/
enron, refco, yukos etc.
handel it all -
so no 666boys goes to jail -
only 888Martha!
http://www.jsmineset.com/
fyi. message from another forum
on another board!
On October 15th, all 'Naked Short' positions in public companies must be covered.
The long awaited removal of the "Grandfather Clause" has today been officially posted in the Federal Register for removal.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15708.htm
On October 15th, all 'Naked Short' positions in public companies must be covered.
Now if the SEC will ENFORCE this with lightning speed from the morning of October 15th, ...we might see a change in the investment picture everywhere in this market.
- ??? -
FYS. ex. ??? -
what a mafia circuz banksterz 666 clownz -
have heard about the same 100's of times before? -
same thing 2-6 mon. from now -
(we have to wait for a total market crash first ?) -
its makes the hoax of US banksterz evilz only worse -
underworld jockerz floating on top of the law -
No Law rules enforcements for 666 -
only 888 Martha goes to jail for peanutz -
the 666 bathing in trillionz fiatz -
robbed from 888 - enron, bre-x, wcom etc. 1000s pumped by -
banksterz fundz - only to be robbed by the same ownerz -
hedgefundz -
666banksterz evilz circuz rolling around the world -
the banksterz 666evilz wordz - not worth to repeat!
In God We Trust
http://www.888c.com/
God Bless America
To 'Telephonics' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES' -
RE:
The current market turmoil and attendant drop in stock prices is directly attributable to the lack of supervision over the hedge funds. If these gluttonous groups had not been so eager to buy up sub prime mortgages this would not have happened. Of course the real basic cause was the issuance of sub prime mortgages in the first place. Most of these borrowers never had any chance of repaying their loans, but the loan originator didn't care. He sold the mortgage as soon as the signatures dried on the paper and took his money out of it.But if he knew he had to hold that paper he never would have given the loan to begin with.,
Telephonics thanks for the info -
Its in harmony with that the hedge fundz -
don't know nothing -
about what they are doing -
brainwashed only on their banksterz fiatz$ hoax???
The hedge fundz are famous for short selling -
and the illegal nss naked short sellingz -
REFCO - walked away with about $450mil. in illegal nss
criminalz but no one was put in jail -
part of the nss banksterz do any crime they want? -
but NO ONE 666 GOES TO JAIL? -
only Martha Stewart 888 goes to jail -
for peanutz rulez US -
soon copy of bolshevikz russia 666 destructionz? -
that's part of 666 destructionz planz for America -
I don't agree with anything the 666 banksterZ done -
its to NO good for America -
I am 100% contrarian to the 666 hedge evilz -
RE:
Only in America.
Sometimes I feel we are our own worst enemy!
thanks Telephonics that's well said and about 100% true -
more and more I feel to not say to much anymore -
the nss bolshevikz 666 evilz 9/11 terrorize -
all good companies in America -
and the nss naked short selling continued -
on all companies the nss want to take over for peanutz -
the nss 666 killed 1000s of CEO's in 9/11 -
to continue to destroy and short sell their companies -
after the 666 first killed and murdered all 888 genius -
IT people - in The Worlds Trade Centre -
the manipulationz and no law and rules in America -
needs to be 100% overhauled by 888 democracy -
and fair Law people without the 666 evilz destroy all -
Freedom and Liberty in America -
God Bless America -
http://investorshub.advfn.com/boards/board.asp?board_id=4887
The current market turmoil and attendant drop in stock prices is directly attributable to the lack of supervision over the hedge funds. If these gluttonous groups had not been so eager to buy up sub prime mortgages this would not have happened. Of course the real basic cause was the issuance of sub prime mortgages in the first place. Most of these borrowers never had any chance of repaying their loans, but the loan originator didn't care. He sold the mortgage as soon as the signatures dried on the paper and took his money out of it.But if he knew he had to hold that paper he never would have given the loan to begin with.,
To 'Telephonics' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES' -
RE: Only in America. Sometimes I feel we are our own worst enemy!
thanks Telephonics that's well said and about 100% true -
more and more I feel to not say to much anymore -
the nss bolshevikz 666 evilz 9/11 terrorize -
all good companies in America -
and the nss naked short selling continued -
on all companies the nss want to take over for peanutz -
the nss 666 killed 1000s of CEO's in 9/11 -
to continue to destroy and short sell their companies -
after the 666 first killed and murdered all 888 genius -
IT people - in The Worlds Trade Centre -
the manipulationz and no law and rules in America -
needs to be 100% overhauled by 888 democracy -
and fair Law people without the 666 evilz destroy all -
Freedom and Liberty in America -
God Bless America -
Only in America. Sometimes I feel we are our own worst enemy!
Bonuses on Wall Street will be largely unaffected by turmoil'
Of course they won't be affected because the bulk of the earnings these firms divy up come from naked shorting. It's just the common folk like us that take the beating because they also shoveled out mortgage money to many who had no real chance of ver paying off their debt.
Re; shorts -
nss666naked illegal shorts target all good companies -
their 666evilz hedge banksterz devilz want to steal and
rob from 888 -
that's the 666 criminals done for the last 2000 years -
history repeat itself -
http://www.888c.com/
God Bless America
In God We Trust
http://investorshub.advfn.com/boards/board.asp?board_id=4887
http://investorshub.advfn.com/boards/board.asp?board_id=7537
http://www.faulkingtruth.com/Articles/Investing101/1079.html
FIRE!!! (Please Leave the Building in an Orderly Fashion)
by Mark Faulk
August 9, 2007
There has been a whirlwind of activity in our financial markets over the past few days. While the stock market itself has been experiencing an ugly downturn, the events that precipitated it continue to be ignored. Rampant regulatory failures within the SEC have been setting this up for years, and even the President’s so-called Plunge Protection Team hasn’t been able to stem the outflow from our markets.
After years of criticism from the investing public and market reform advocates, the recent scandals, coupled with the meltdowns of one hedge fund after abother, have begun to finally force Congress to shine a light on the SEC and Wall Street in general.
Read the rest of this article at:
http://www.faulkingtruth.com/Articles/Investing101/1079.html
To 'bartermania' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES' -
the 666nss911evilz attacking Freedom & Liberty in America -
http://freedomfunds.net/edu/pinkdict.html
the 666nss911evilz are to make America to another -
bolshevikz russia and kill another 100mil Christians in -
America? -
like the 666 did in Great Russia -
the 666nssbasherz - asking for 100yrs in jail min.? -
the 666nssbasherz - only put out the pictures to -
terrorize America like the did at the 9/11 terror -
to murder as many Christians people as the666 did! -
the Day America get some 888 fair judges! -
The D-Day of America Fairness will Arrive -
its only to Pray for the Day of Fairness -
to arrive in America -
God Bless America -
Amen
RE: Fines are starting to match the crimes? -
yes I agree, when all the banksterz666nss goes to jail! -
not only Martha Stewart and the 888 groups! -
the fines for 666 are peanutz - about a fiatzmil? for each
billion the 666 robbed from 888 who got fooled -
to trust the 666 in the first case -
http://www.888c.com/
God Bless
Member Firm Disciplined for Improper Market Timing of Mutual Funds by Brokers
Citigroup Global Markets Inc.
Hearing Board Decision: 07-105
24 Jul 2007
Summary Back to Top
Case Note
Violated NYSE Rule 342 by failing to reasonably supervise certain business activities and to establish and maintain appropriate procedures for supervision and control with respect to trading of mutual funds and mutual fund-like sub-accounts of variable annuities; violated NYSE Rules 401(a) and 476(a) by failing to prevent certain brokers from engaging in violative market timing of mutual funds, including use of deceptive practices related to market timing of mutual funds; violated Section 17(a) of Securities Exchange Act of 1934, Rules 17a-3 and 17a-4 thereunder, and NYSE Rule 440 by failing to make or preserve accurate books and records reflecting or relating to order communication and entry time for mutual fund shares, rejection or cancellation of trades related to market timing, and orders or confirmations for transactions executed by firm employees in variable annuity products sub-accounts held away from firm – Consent to censure, total payment of $50,000,000 to be distributed as follows: (a) $35,000,000 as disgorgement shall be placed into distribution fund; (b) penalty of $10,000,000 shall be paid as follows: $5,000,000 directly to NYSE Regulation and $5,000,000 directly to distribution fund; and (c) penalty of $5,000,000 shall be paid to State of New Jersey; and undertakings.
Case Summary
For Case Summary See News Release Link Below.
View Text of Disciplinary Decision (pdf)
http://www.nyse.com/pdfs/07-105.pdf
Ps.
Gold & Silver is Money Standard =
not paper, not electronic credits, not chips and
not polo-ticz fiatz - 666counterfeitz.
To 'Loadmaster' on 'Russell Industries' -
RE: RSDS - the 666-nss ? -
http://investorshub.advfn.com/boards/read_msg.asp?message_id=21590416
are 666-nss the same group of 666 who -
orchestrated the 911-terrorz ? -
Fyi.. dd....
http://investorshub.advfn.com/boards/board.asp?board_id=9707
http://investorshub.advfn.com/boards/board.asp?board_id=9702
http://investorshub.advfn.com/boards/board.asp?board_id=6745
http://investorshub.advfn.com/boards/board.asp?board_id=4887
http://investorshub.advfn.com/boards/board.asp?board_id=7537
http://www.888c.com/
God Bless
The company is seeking damages of $3.48 billion -
its a start -
(about 4-8000 comp. since 911 -
want or should join? -
copycat - the class action law suits -
and each comp. may ask a min. fiatz$billion plus - in damages,
remedies etc. -
http://tinyurl.com/2wc6nf
its long overdue - since 911 -
but better late than never) -
RSDS - suspect any nss ? -
maybe not hesitate to do the same! -
http://investorshub.advfn.com/boards/read_msg.asp?message_id=21588658
btw. class action law suits -
may start to rain down on 666? -
http://tinyurl.com/2wc6nf
(666 destructionz -
to Liberty & Freedom in 888Societies? -
that's ongoing 666suicide missionz? -
will never end without a total earth destruction! -
666 has never done anything good in the past? -
so it would not be a surprise -
to 888 its for sure!) -
history repeat itself -
Imo. Tia.
http://www.888c.com/
God Bless
Sen. Bennett Renews Call for Hearing into Stock Market Fraud
Location: Blogs Mark Faulk's Blog
Posted by: mfaulk 7/21/2007 5:21 AM
http://www.thesanitycheck.com/Blogs/MarkFaulksBlog/tabid/86/EntryID/626/Default.aspx
In a speech on the floor of the U.S. Senate today, Senator Bob Bennett (R-UT) called for Senate Banking Committee Chairman Chris Dodd to conduct a hearing into stock market fraud, specifically addressing the issue of naked short selling. Sen. Bennett has been a long time proponent of stock market reform, and was instrumental in proposing a Senate Banking Committee hearing into naked short selling as early as late 2004, which were eventually shelved by then Banking Committee Chairman Sen. Richard Shelby (R-AL). He said that Sen. Dodd, who has entered the 2008 Presidential election, was willing to conduct a hearing into the issue:
“I think it is serious enough that we ought to have a hearing about this in the Banking Committee, and I have spoken to the Chairman of the Banking Committee, Senator Dodd, and asked him if it wouldn’t be possible for us to have much of a hearing at some point in the future, and he’s expressed a willingness to do that. I can understand, we can’t set a time for that right now. There are too many other things going on in the Banking Committee, but I’m delighted to know that he’s willing to cooperate with us in examining this. And I would like to suggest several things that I would like to discuss at that hearing.”
A source close to the issue said, “Senator Bennett has spent an enormous amount of time studying this problem, he’s intimately familiar with the abuses in the stock market. This speech is his opening salvo.” He went on to say that “We need an avalanche of letters and emails from every state in the Union going to every member of the U.S. Senate, urging Sen. Dodd, the chairman of the Banking Committee, to hold the hearing on Sen. Bennett’s recommendations.”
After first explaining the basic issue of naked short selling to his fellow Senators, Sen. Bennett then addressed the SEC and the creation of the DTCC, and their role in trade settlement, and how the need for a system to facilitate trade settlement led to the creation of the DTCC, or the Depository Trust and Clearing Corporation. He said that the while the DTCC is regulated by the S.E.C. that” I don’t think that last statement is true. I’m not sure that the S.E.C. has control over the DTCC. He then quoted from a Wall Street Journal article that said, “Almost all stock is now kept at the company central depository and never leaves there. Instead, a stock buyers’ brokerage account is electronically credited with the securities entitlement. This credit can, in turn, be sold to someone else.”
Then Sen. Bennett described how electronic settlement, which he called “replacing paper with electrons,” can “provide cover for naked shorting of the stock” because shareholders are given an electronic credit for the purchase instead of physical delivery of the shares. From there, he described how electronic trading, and the DTCC’s practice of keeping shares in what has become known as the “DTCC Borrow Pool,” invites manipulation of the system:
“So this happens: a short seller enters the market and says, “I want to short—I want to sell 1,000 shares of XYZ stock so at some point he has to produce 1,000 shares to cover his sale. How do you do that? You borrow the shares. And then you buy them back at some future time. All right. From whom do you borrow them? The DTCC. They have all of the shares on deposit. So you go to the DTCC and you say, I want to borrow 1,000 shares of XYZ stock. They say, fine, we have them on deposit and will lend them to you so you can use them for your ‘short’ sale. All right, everything’s fine. Except that, in this electronic age, it is possible for you to keep shuffling around the electronic impulses that represent the stock and never, ever, have to buy it back. Stop and think about that, Mr. President. That’s a pretty good business plan. You can sell as much as you want and never, ever, have to pay for it. You could go in, the stock trading at $5 a share. You go in and sell 1,000 shares. You paid $5,000 for selling 1,000 shares and you never have to buy them. Because you are constantly moving around the electronic impulses that represent those shares. You never have to cover.
Now, when you talk to the DTCC people they say ‘No, we always make sure that there is a delivery and if there’s not, it’s not our fault. It’s not our responsibility to police this, it is up to the brokerage house to do this.’ The S.E.C. has spent enough time looking at this and enough time talking to me that they issued to me a three-page letter outlining the steps they have taken to stop the practice of ‘naked short selling.’”
After talking about recent rules implemented by the S.E.C. in an effort to deal with the problem of naked short selling, he talked about another method of circumventing the rules, a scheme that is commonly referred to as “stock kiting,” where two brokers pass shares back and forth between themselves, with each one holding the shares for thirteen days, the limit before forced settlement of the trade, and then passing it back to the other broker, where, according to Sen. Bennett, “they ping-pong these back and forth as long as they want. So you can have a situation where people are selling shares that don’t exist, taking commissions on the sale, and the profits of the sale, and never ever having to produce the shares.”
Bennett also said “I think a Congressional hearing is a good place for those who are running the DTCC to explain to us how it really works. And I would like the S.E.C. to come in and give us their background and information as to how their rules are working to try to stop the naked short selling.”
He laid out a number of proposals in his speech, including “a rule that says that brokers cannot borrow for short sales more stock than is on deposit with the DTCC. I think that’s just obvious. If there are 3 million shares of XYZ company on deposit at the DTCC, people should not be able to short sell 4 million shares…So my first recommendation would be that the DTCC cannot make available loans for short sellers more stock than they have on deposit. Once they have reached the point that 100% of the shares they have on deposit have been loaned out, they can’t loan out anymore. I think that’s just an obvious, commonsense recommendation, but it doesn’t apply now.” He also said, “there ought to be a rule that says that a broker cannot be paid a commission on a short sale until the shares are delivered.”
"It does not involve very many people, but for the people—to the people who are involved, it, frankly, can be a matter of life and death. And there are enough of them starting businesses and creating entrepreneurial activities in the United States that we owe it to them to find out exactly what is going on with respect to this.
That’s why I’ve asked Chairman Dodd to consider a hearing on this matter, to let us hear from the S.E.C., to let us hear from the DTCC, to let us hear from those in the marketplace who have actual experience with this and see if the present S.E.C. rules are sufficient or if we need to do additional things around the lines of the two items that I have suggested.”
Our anonymous source, who has spent years behind the scenes working for stock market reform, stressed that the hearing could hinge on the level of response from those who have been affected by stock market fraud, saying, “There’s been no bill introduced, but Senator Bennett is prepared to introduce a bill if these issues are not resolved. We need a nationwide campaign to get people to write their senators urging them to tell Sen. Dodd to hold hearings into the issues that Sen. Bennett addressed in the U.S. Senate today.”
--------------------------------------------------------------------------------
TAKE ACTION NOW!!! WITHOUT YOUR HELP, WE WOULD NOT BE TALKING ABOUT THIS IN THE U.S. SENATE....WITH YOUR HELP, WE CAN FIX OUR STOCK MARKETS!!!
To contact your Senator, go to:
http://www.visi.com/juan/congress/
To contact Senator Chris Dodd, go to:
http://dodd.senate.gov/index.php?q=node/3128&cat=Opinion
or write him at:
U.S. Senator Chris Dodd
448 Russell Building
Washington D.C., 20510
or:
U.S. Senator Chris Dodd
30 Lewis St Suite 101
Hartford, CT 06103
Ostk wins in California against hedge fund prime brokerages!
SALT LAKE CITY, July 18 /PRNewswire-FirstCall/ -- Overstock.com, Inc. (Nasdaq: OSTK) (http://www.overstock.com) announced today a favorable ruling in the lawsuit pending in the Superior Court of California, County of San Francisco against most of the largest prime brokerage firms in the country, including Morgan Stanley & Co. Incorporated, Goldman Sachs & Co., Bear Stearns Companies, Inc., Bank of America Securities LLC, Bank of New York, Citigroup Inc., Credit Suisse (USA) Inc., Deutsche Bank Securities, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., and UBS Financial Services, Inc.
On July 17, 2007, Judge John Munter of the California Superior Court for the City and County of San Francisco ruled that Overstock and it co-plaintiffs have stated viable claims for market manipulation under California securities law, for common law claims for conversion and trespass to chattels, as well as for injunctive relief under California's Unfair Business Practices Act against the defendant prime brokerage firms based on those defendants allegedly executing naked short sales of the stock of Overstock with the intent of manipulating the market price for the shares of those companies' stocks. In addition, the Court granted Overstock (and its co-plaintiffs) leave to amend other of their claims for restitution under the Unfair Business Practices Act and for the common law claim of interference with advantage, to more specifically plead the factual basis of these claims.
In so ruling, Judge Munter rejected defendants' claims that Overstock's complaint is preempted by federal law and that 'phantom' shares are not created by naked short selling of a company's stock as a matter of law.
"This is a huge win for us," said Jonathan Johnson, Overstock Senior Vice President of Legal. "We are eager to start discovery and move this case to trial. The day we expose in detail the defendants' misconduct to a jury will be a good day for Overstock, its shareholders and the capital markets."
"As I listened to defendants' counsel argue that phantom shares don't exist because the SEC says they don't exist," said Patrick Byrne, Overstock Chairman and Chief Executive Officer, "I was reminded on Abraham Lincoln's favorite joke: 'If you call a tail a leg, how many legs does a dog have?' 'Five?' 'No, four -- because calling a tail a leg doesn't make it a leg.' Defendants create phantom shares by facilitating naked short selling and other types of trades which result in failures-to-deliver. This is manipulative and illegal -- regardless of what the industry's all-too-cozy regulatory agency says. The battle to clean up Wall Street is only going to be won when it is brought to a jury of 12 Americans. Today was a giant step towards that goal."
The suit alleges that the defendants, who control over 80% of the prime brokerage market, participated in a massive, illegal stock market manipulation scheme and that the defendants had no intention of covering such orders with borrowed stock, as they are required to do, causing what are referred to as "fails to deliver." The suit also alleges that the defendants' actions caused and continue to cause dramatic distortions with regard to the nature and amount of trading in the company's stock which have caused the share price of the company's stock to dramatically drop. The suit asserts that a persistent large number of "fails to deliver" creates large downward pressure on the price of a company's stock and that the amount of "fails to deliver" has exceeded the company's entire supply of outstanding shares. The company is seeking damages of $3.48 billion.
Stockbroker Information -
http://www.broker-check.com/
People & Power - 666-Rigged Markets-911cont. -
20 May 07 - Part 1
Gemini Explorations Inc. Reports Illegal Naked Short Interest
Position and Restates Total Number of Issued and Outstanding
Shares Reduced to 32,500,000
2007-06-07 12:10 ET - News Release
MIAMI, FL -- (MARKETWIRE) -- 06/07/07
Gemini Explorations Inc.
("Gemini") (OTCBB: GMXP) reports that after reviewing
the company's stock with an independent analyst, there is
an illegal naked short interest position of
approximately 3.5 to 4 million shares in GMXP.
This is in very sharp contrast to the OTCBB.com report
showing the short interest to be 23,972 shares as of
May 31, 2007.
NASD Rule 3360 has been expanded to require NASD member
firms to report their short positions on all over-the
counter ("OTC") equity securities to NASD Regulation,
on a monthly basis.
Once the short position reports are received, the
short interest is then compiled for each OTC security.
Firms are required to report their short positions as
of settlement on the 15th of each month, or the
preceding business day if the 15th is not a business day.
The reports must be filed by the second business day after
the reporting settlement date.
The short interest data is compiled and provided
for publication on the 8th business day after the
reporting settlement date.
------------------------------------------------------
It's time the Sec.com regulators started regulating???...
(1000 investors have said the the sec.com is in bed -
with the 666nss911evilz? -
so if that the case? you should get min. 100yrs in
jail with a fair Gov. trustworthy 888judges)!
Thanks for bringing that to our attention JS!
http://www.jsmineset.com/
Imo. Tia.
God Bless America -
Defamation suit tests online anonymity
Two Yale law students file suit against online message board, including subpoenas for 28 anonymous posters.
By Reuters
Published: June 17, 2007, 11:43 PM PDT
TalkBackE-mailPrint del.icio.us Digg this
It bills itself as the world's "most prestigious college discussion board," giving a glimpse into law school admissions policies, post-graduate social networking and the hiring practices of major law firms.
But the AudoAdmit site, widely used by law students for information on schools and firms, is also known as a venue for racist and sexist remarks and career-damaging rumors.
Now it's at the heart of a defamation lawsuit that legal experts say could test the anonymity of the Internet.
After facing lewd comments and threats by posters, two women at Yale Law School filed a suit on June 8 in U.S. District Court in New Haven, Conn., that includes subpoenas for 28 anonymous users of the site, which has generated more than 7 million posts since 2004.
According to court documents, a user on the site named "STANFORDtroll" began a thread in 2005 seeking to warn Yale students about one of the women in the suit, entitled "Stupid Bitch to Enter Yale Law." Another threatened to rape and sodomize her, the documents said.
The plaintiff, a respected Stanford University graduate identified only as "Doe I" in the lawsuit, learned of the Internet attack in the summer of 2005 before moving to Yale in Connecticut. The posts gradually became more menacing.
Some posts made false claims about her academic record and urged users to warn law firms, or accused her of bribing Yale officials to gain admission and of forming a lesbian relationship with a Yale administrator, the court papers said.
The plaintiff said she believes the harassing remarks, which lasted nearly two years, cost her an important summer internship. After interviewing with 16 firms, she received only four call-backs and ultimately had zero offers--a result considered unusual given her qualifications.
Another woman, identified as Doe II, endured similar attacks. The two, who say they suffered substantial "psychological and economic injury," also sued a former manager of the site because he refused to remove disparaging messages. The manager had cited free-speech protections.
"The harassment they were subjected to was quite grotesque," said Brian Leiter, a professor at University of Texas Law School. "Any judge who looks at this is going to be really shocked, and particularly shocked because these appear to be law students."
The suit is being watched closely to see if the posters are unmasked, a step that could make anonymous chat room users more circumspect. It also underlines the growing difficulty of protecting reputations online as the Web is used increasingly to screen prospective employees and romantic partners.
"They can't hide behind anonymity while they are saying these scurrilous and menacing things," said Eugene Volokh, a professor of law at the University of California at Los Angeles.
He said the site was not liable under federal protections that are more lenient on Web sites than TV and newspapers. Prosecuting the manager could also be difficult because he did not write the posts, Volokh added. But the anonymous posters look liable and their careers could be jeopardized, he said.
Now on News.com
Clearer picture for Internet TV?
Dell apologizes for remove-this-blog-post-
or-else nastygram
Getting a charge out of plasma TV
Extra: 25 Web sites to watch "This ought to be a warning to be people that if you say things that are not just rude but arguably libelous and potentially threatening and perhaps actionable on those grounds then their identity might be unmasked," he said.
Finding and identifying the posters--including one called "The Ayatollah of Rock-n-Rollah"--could be tough but is not impossible. The process involves subpoenas issued to Internet service providers for records, and then more subpoenas to companies, institutions or people identified on those records.
"I've said in my blog the most vile posters on that board are two subpoenas away from being outed," said Leiter. "This led to much amusement by the anonymous posters on the board.
"But they are about to find out that this is how it works."
To 'Morning money' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES'
thanks Morning money for the past info -
what do think about the below realities -
which the investors are faced with in US and Canada today? -
Ex.
How can the banksterz turn this anti-Ameican??? -
People & Power - Rigged Markets - 20 May 07 - Part 1
In a 2-1 ruling, who was the one that thought things were just fine. Need to get rid of whoever that is.
Nobody is more crooked than the mafia? Think again!
The teflon financial institutions need some strong legislation that says, let somebody else make a nickle too!
NASD Hearing Panel Sanctions Former Knight Securities Executives for Supervisory Failures
An NASD Hearing Panel issued $100,000 in fines against Kenneth Pasternak, former CEO of Knight Securities, L.P. (now known as Knight Equity Markets, L.P.), and John Leighton, former head of the firm's Institutional Sales Desk, for supervisory violations in connection with fraudulent sales to institutional customers in 1999 and 2000.
In addition, Pasternak was suspended in all supervisory capacities for two years, while Leighton was barred in all supervisory capacities.
In March 2005, NASD's Department of Market Regulation charged Pasternak and Leighton with failure to supervise the firm's leading institutional sales trader, Joseph Leighton, who is John Leighton's brother. The NASD complaint also charged Pasternak with failing to establish and enforce a supervisory system designed to ensure compliance with federal securities laws and NASD rules.
In a 2-1 ruling, the panel found that Pasternak and John Leighton failed to supervise Joseph Leighton's trading activities. "For all intents and purposes, Joseph Leighton ran the Institutional Sales Department as he saw fit," the majority ruling says. "Pasternak, John Leighton, and Joseph Leighton each concluded that as long as the customers did not learn of the extraordinary profits Knight earned on their orders, there was no limit to the amount the firm could make on an institutional order."
The majority also found that Pasternak's response to numerous red flags was "woefully inadequate," that Pasternak and John Leighton "never questioned Joseph Leighton's activities or confirmed he was providing his customers with best execution and a fair price," and that the overall supervisory void "allowed Joseph Leighton to take advantage of his customers over a 21- month period by filling orders at prices that netted Knight unreasonably high profits."
In April 2005, Joseph Leighton agreed to a bar from the securities industry and a payment of more than $4 million to settle charges by the Securities and Exchange Commission (SEC) and NASD that he made millions of dollars in fraudulent trades with Knight's institutional customers. The SEC and NASD found that Joseph Leighton generated excessive profits by pricing trades with institutional customers in a manner contrary to customers' expectations and industry custom, and using deceptive trading practices to disguise both his pricing and the amount of Knight's profits.
In December 2004, Knight paid more than $79 million to settle SEC and NASD charges against the firm arising from Joseph Leighton's fraudulent and deceptive conduct.
More than $3.3 million of Joseph Leighton's monetary sanction and more than
$66 million of the firm's monetary sanction was paid into a Fair Fund established by the SEC to compensate investors harmed by Joseph Leighton's fraud.
Unless the matter is appealed to NASD's National Adjudicatory Council (NAC), or is called for review by the NAC, the hearing panel's decision becomes final after 45 days.
http://www.stockbrokerfraudblog.com/2007/04/nasd_hearing_panel_sanctions_f.html
http://www.stockbrokerfraudblog.com/
http://www.stockbroker-fraud.com/
Why get multi-million criminals only fines??? -
Why is only Martha Steward going to jail???
100 years in jail plus stripping of all assets -
should be more appropriate -
the court system has to be all revived -
last 10years old case has to be reviewed!!!
NO 666nss911evilz going to jail -
the 666nss911devilz only paying fines???
Imo. Tia.
http://www.investorshub.com/boards/board.asp?board_id=4887
http://www.investorshub.com/boards/board.asp?board_id=7537
http://www.siliconinvestor.com/readmsg.aspx?msgid=23606210
Must reading Gary Aguirre - cover-up and investigation page
http://thesanitycheck.com/SECGaryAguirreCoverUp/tabid/114/Default.aspx
To 'Telephonics' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES' -
thanks for the info -
The Crackdown on Stock-Loan Schemes
A criminal probe by the feds may reveal some of the mysteries of short sellers
by Matthew Goldstein
It may not have the cachet of mergers and acquisitions or leveraged buyouts, but the little-known business of securities lending is one of Wall Street's most lucrative. Investment banks rake in roughly $10 billion a year on the fees they collect for lending stocks and bonds to so-called short sellers—intensely secretive hedge funds and other professional traders who bet on falling prices.
Now a long-running criminal investigation may reveal some of what actually goes on among the traders, Wall Street investment firms, and independent intermediaries who help make the mysterious deals happen. BusinessWeek has learned that federal prosecutors in Brooklyn, N.Y., may be close to charging a number of current and former employees of several Wall Street firms with taking part in a complex kickback scheme that may have collectively cost the financial houses and short sellers millions of dollars in higher and unnecessary fees. Already, at least three people have taken pleas in exchange for cooperating with prosecutors, according to some people close to the nearly 18-month-long probe. Drawing the most scrutiny from investigators are current and former employees at the stock loan desks of Bear Stearns (BSC) and Morgan Stanley (MS), say sources close to the investigation. Former and current employees of Goldman Sachs (GS), Janney Montgomery Scott, Merrill Lynch (MER), and Nomura Securities are also being investigated. Officials at all of the financial firms and a spokesman for Roslynn Mauskopf, U.S. Attorney for the Eastern District of New York, declined to comment.
Sources say authorities from the U.S. Attorney's office are looking into allegations that some employees on the stock loan desks received kickbacks or other improper cash payments from so-called stock-loan finders, independent middlemen who sometimes track down shares for Wall Street firms to lend to investors. It is anticipated that the prosecutors will likely claim that some employees on the stock loan desk unnecessarily referred work to the finders, who did little to justify their fees and only added to the cost of arranging a stock loan.
A Word of Warning
In a classic short sale, a trader borrows shares from an investment firm and sells them. If the stock falls as expected, the short seller can pay back the loan and make a profit by repurchasing the shares at a lower price. When the investment firms don't have enough shares on hand in their inventory, they sometimes seek out independent finders, who work the phones, calling friends, relatives, and buddies at other stock loan desks to make up the difference. This chummy relationship between finders and stock loan employees, say people familiar with the investigation, is what first piqued the interest of prosecutors, who may worry that the finders aren't providing a legitimate service.
This isn't the first time that the business has come under fire. Two years ago the New York Stock Exchange (NYX) issued an advisory opinion, cautioning Wall Street firms about continuing to do business with finders, saying: "We have seen only limited instances where a finder is actually providing services that an effective [in-house] stock loan department could not provide." The NYSE then began cracking down on abuses, fining two firms with paying "unjustified" and "sham" finders' fees to arrange stock loans. But regulators at the NYSE, along with the Securities & Exchange Commission, put much of their investigation on hold as the criminal inquiry into the alleged kickback scheme began heating up.
Michael Bachner, a New York criminal defense attorney who represents two individuals involved in the current investigation, says he's still hoping prosecutors will determine that what they've found amounts to nothing more than regulatory infractions. John Tabacco Jr., chief executive officer of Locatestock.com, a company whose software program helps brokers and hedge funds track down shares of hard-to-borrow stocks that traders are interested in shorting, says that until recently securities lending was "loosely regulated." He says he fears prosecutors "are going too far in pursuit of criminal charges."
Matthew Goldstein is an associate editor at BusinessWeek, covering hedge funds and finance.
TechKim -
so far the banksters nss schemes in courts -
have only since 911 given them -
about a mil. fine for every bil. they robbed -
the courts have operated in 99% the 666 favour -
and the banksters been laughing all the way to
their bank home -
to me it would be good if the banksters -
get 100yrs in jail for every mil. they robbed -
plus 10 times minimum in fines - for the damages their
nss robberies caused all Long Shareholders -
nothing less will put a stop to the 666nss911 -
terror of the banksters hedge funds schemes -
it has flooded the American market since 911 -
its the 911 after waves of the 666terror -
to destroy American Liberty and Freedoms -
of The Western world Societies
Imo. Tia.
God Bless
DEFENDERS OF THE CONSTITUTION NOW CONSIDERED TO BE TERRORIST -
http://www.theforbiddenknowledge.com/hardtruth/constitutional_terrorist.htm
http://tinyurl.com/hlbey
Thanks. At least one state understands and is will to do something about it. What we really need is for New York State to follow this lead. The SEC will never act because to do so will slam the revolving door with Wall Street in their faces. What a monstrous conflict of interest.
hedgefunds destroying America Society -
INFO VIDEO: Naked Short Selling Part 1
SEC Seeks To 'Modernize' Short-Selling Regs - Official
By Daisy Maxey, Of DOW JONES NEWSWIRES
NEW YORK -(Dow Jones)- The Securities and Exchange Commission is taking a " carefully honed approach" in its efforts to address short-selling abuses with as little restriction as possible and is hoping to make recommendations by late spring, an SEC official said.
The goal is to modernize regulations to prevent abusive and manipulative short-selling practices with minimal impact on liquidity, James Brigagliano, an associate director in the SEC's market regulation division, said Thursday. Brigagliano made his comments at an educational seminar on regulatory issues for hedge fund managers sponsored by the Managed Funds Association, a hedge fund trade group.
On the sidelines of the conference, held at the City University of New York, he also discussed briefly the commission's efforts to look into the practice of some big investors, including hedge funds, to vote shares that they have borrowed, but don't own.
Short sellers borrow shares, then sell them, hoping that they can buy the shares back later at a lower price to repay their loan. Some sell shares that they haven't actually borrowed, which is known as naked short selling. Short selling is a common practice among many hedge funds.
The SEC has proposed changes to three regulations - one governing short selling in connection with public offerings; another governing failure to deliver shares on time after a stock transaction; and a short-sale price test, which restricts the prices at which short sales may be executed.
The commission proposed in December that Rule 105, which governs short selling in connection with public offerings, be altered. The rule bars a person who sells short just before an offering is made from covering that short sale using securities purchased in the offering. It's meant to prevent activities that may artificially depress market prices and reduce offering prices, but there have been numerous violations, Brigagliano said. "In recent years we have brought a number of actions" related to violations of the rule, he said.
The commission recommended in December that any short seller be banned from purchasing any security in the offering during the Rule 105 restriction period. The period to file comments on the proposed change ended in February, and the commission is now reviewing the 13 comments it received, Brigagliano said.
The commission also proposed an amendment in July that would eliminate one provision and limit another provision of a regulation known as Regulation SHO, which governs failure to deliver shares on time after stock transactions take place. The regulation, which went into effect in January 2005, imposes close-out requirements on broker-dealers for securities in which a substantial number of failures to deliver have occurred. The commission recommended eliminating a provision known as the "grandfather clause," which exempts some failure to deliver from the closeout requirement. It also proposed narrowing an exception for registered options market makers.
The commission will consider how any change in Reg SHO could affect prime brokerage arrangements, he said.
In addition, the commission has proposed the elimination of the short-sale price test, commonly know as the "tick test." The "tick test," meant to prevent downward manipulation of stock prices, allows short sales only at a price above the last sale price.
The rule has been in place since 1938 despite significant developments in the marketplace, Brigagliano said. Decimalization and changes in market strategies have undermined the effectiveness of the test, he said. "The current price test may not be a good fit for the modern markets," he said.
The commission started a pilot program in 2004 to test the short-sale price restriction by temporarily suspending the rule on about 1,000 securities, and concluded that those stocks weren't more susceptible to patterns associated with downward manipulation, Brigagliano said.
The comment period on the elimination of the "tick test" ended in February, and the commission is reviewing the 26 comments it received, he said.
As for the practice by large investors to sway corporate contests by voting shares that they don't actually own, Brigagliano said that the issue is important to SEC Chairman Christopher Cox. The commission is collecting information and "will discuss at some point in the future what, if any, change we would recommend to insure that votes are properly counted," he said.
-By Daisy Maxey, Dow Jones Newswires; 201 938 4048; daisy.maxey@dowjones.com
(END) Dow Jones Newswires
03-23-070951ET
Copyright (c) 2007 Dow Jones & Company, Inc
http://www.investorshub.com/boards/read_msg.asp?message_id=18339087
the gov. must be in bed with the nss666 or all would be in jail?
http://www.888c.com/
excellent post from another board here at iHub:
Posted by: rrm_bcnu
In reply to: None Date:3/25/2007 6:02:36 AM
Post #of 25957
Any Oklahoma PLNI investors on the board?
http://webserver1.lsb.state.ok.us/2007-08SB/SB979_int.rtf
Oklahoma Attorney General Drew Edmondson said that “We allege that customers paid for items they never received. The internet should not be a safe harbor for criminals.”
Yet every day, six billion dollars worth of shares are purchased in companies in the US stock market, and not delivered. Someone signs on to their brokerage account, or more accurately, millions of someones sign on, and pay for shares in companies that their broker doesn’t deliver. In some cases, those shares are never delivered, creating what is essentially a flood of counterfeit shares in publicly traded companies, harming both investors and the companies themselves.
In the next few weeks, the Oklahoma Legislature will vote on a landmark bill that could serve as the model for stock market reform efforts nationwide. It has been written to withstand the legal assault that Wall Street has unleashed on other legislation introduced in other states. The measure, SB979, has already passed the Senate and will come up for a vote in the House sometime in the next few weeks.
This issue is NOT as much about Wall Street screwing investors as it is about the loss of potential jobs, local and state tax revenue lost, citizens’ investment funds stolen, and retirement funds decimated. It’s about hedge fund managers building hockey rinks in their backyards while the rest of the country struggles just to make ends meet. It’s about CEOs of the major brokerage firms getting bonuses amounting to tens of millions of dollars a year while small startup companies are forced into bankruptcy before they even have a chance to see if they can flourish on their own merit.
With SB979, Oklahoma has the opportunity to set the standard for honesty and integrity in our stock market, to pass a law protecting investors and publicly traded companies that could become the model for every state in the Union. We can send a clear message to the rich and powerful that we’re sick and tired of a corrupt market, that we’re sick and tired of the rich getting richer while the rest of us get screwed.
But understand this: we as citizens have to speak out. Over the next couple of weeks, lobbyists and attorneys for the securities industry will swoop down on our legislators in Oklahoma, and Wall Street will flex their muscles and flash their money in an attempt to convince our elected officials that what’s good for Wall Street is good for Main Street.
This is a call to arms for every citizen in Oklahoma, and to everyone who owns stock in an Oklahoma-based company, a chance for us to make a difference not only in our own state, but for all of America. It’s not that often that we as a people can make a major difference simply by speaking out for what is right. We need to write letters to the editors of every newspaper in Oklahoma, and urge them to support SB969. If you are not in Oklahoma, encourage your own state legislators to follow suit and enact similar legislation returning honesty and integrity to our financial markets.
We have to spread the word, to call, write or email our legislators and tell them to do what’s right for all Americans, and not just for the privileged and the powerful. We have to let them know that WE ARE BEHIND THEM! Make them understand that in the end, they have to answer NOT to the money machine that controls our financial markets and our federal government, but to their constituents, and ultimately, to their own conscience.
To find out who you can contact to encourage Oklahoma House members to vote YES on SB979, go to:
http://www.okhouse.gov/Members/MemberListing.aspx
Strongly recommen you go to NASAA.og and click on the button in th lower left portion of that page and listen to the recent symposium addressing the individuasl invetor's rights. It certqainly debunks the Wall Street attachos on SHO and other regulatiosn which limit then.
Thank you. Having never held a short position, I did not know if the covering obligation was in shares borrowed, or shares adjusted by splits after the borrowing of the shares.
pre-split: 30 million...post split: 1 million.
When a short position is taken, and it is for 30,000,000 shares, and the stock does a 30/1 R/S, how many shares must bought to cover?
NSS:good video and related videos here: http://www.youtube.com/squeezetriggerreport
Hi Barter, laptop, tele, NY Bob and others who have been active in the fight against market manipulation. News over the past few months has been encouraging. Congress looking into the treatment of Aguirre by the SEC. Hedge funds being exposed. Front running and other advantages used by hedge funds being exposed. Shorting into PIPES and toxics, naked shorting, fails to deliver all show the intent of an industry to steal from retail investors. Arrangements with prime brokers, trading associations, etc., of which naked shorting and MM manipulation all in the main stream press. Many of us have been attacked for posting these revelations, often by worms with backgrounds that include NASD fines, suspensions or worse, checkered histories in court, and more, but as more of us join the fight, the public becomes aware of manipulation that includes naked shorting and fails to deliver.
2006 saw hedge funds and managers and employees as using manipulative tactics. Many hedge fund managers have been active posters on message boards, typically on the short side. Do they use worms as paid agents? Is there trading in association? Are the tactics of Elgindy, e.g., extortion, still being used by worms and paid associates?
Perhaps 2007 will be the year that we finally see movement towards fair markets, and the gradual elimination of systems that gives unfair advantage to the moneyed interests and trading pools and associates. It's up to all of us to make sure we are aware of these issues as all investors are affected.
Yup! Looks like my Uncle Looie!
Telephonics - It's a sad fact the very many - nss -
666 - their old symbol el tio 666 logo -
nss - 666 el tio reflexion -
how 666 feel its easy -
to fraud 888 people -
Ex.
how 888 trust worthy people get fooled by 666 -
El Tio Figure in Cerro Rico -
Ex.
Cerro Rico: The Mountain that eats men -
All 888 fooled by el tito 666God safety -
http://tinyurl.com/2r9n5e
El Tio, Cerro Rico, Potosí
figurce El Tio
El Tio Cerro Rico Potosi
"El Tio" ("Uncle", but this is just another word -
for "the Devil") is the undisputed boss in the mines.
The miners and us visitors alike make offerings to him
for surviving the stay deep down in his kingdom.
El Tio smokes happily on three of Gerardos cigarettes.
This was a good sign!
Yesterday showed to be an interesting day.
Zenon led us in through the narrow galleries,
giving out a warning every time a trolley
came down the tracks.
They weigh up to two tons and are pushed
and pulled by four men. As they roar by,
who ever may be in their way has to find
a place to climb up on the side of the track,
not to be smashed.
Down a side corridor, we went to see "El Tio",
the 08 El Tiomountain god, actually the devil.
Zenon did his best to assure me, that this
divinity, who used to be evil, and therefore
has many Spanish features, is now a good God,
supporting the workers with his silver
and protecting them, on the condition that
they take well care of him.
We did, offering him a cigarette, coca leaves
and a dash of the pure alcohol we brought
with us. We also gave Pacha Mama a squint,
assuring her that we have no intention
of neglecting her powers.
Heaven and hell.
http://www.paulsplanet.no/go.cfm?id=9330
Mines of the Cerro Rico, Potosi
http://www.pbase.com/463/mines_potosi
http://tinyurl.com/2lbe9n
Video play el tio
I have witnessed how very many 666 -
tried to prevent Franklin Mining -
US Est.1864 old miner -
made a Mission -
to create safety mining ar Cerro Rico -
(the 666 try all their bashing power -
to negate, harm, prevent and to down talk -
all pos. efforts made) -
by FMNJ to fulfill the Cerro Rico -
social safety remedy for all miners -
Mission -
Ex. -
http://www.investorshub.com/boards/read_msg.asp?message_id=16250348
Ex.
FMNJ - dd --
http://www.franklinmining.com/Home/tabid/1215/Default.aspx
FMNJ - Cerro Rico - Inca - Potosi or “Rich Mountain” -
great bonanza periods have been reported for the quality
of the mineral, with ore contents between 1,500 and
9,000 Silver ounces per ton -
and est. reserves are about 938,130 kgs of Silver -
by very shallow drilling -
250,004 tons of zinc - by very shallow drilling -
dd --
The Worlds Richest Silver Mines -
has been mined for more than -
- 500 years -
Est. 1864 -
http://www.franklinmining.com/Projects/HardRockProjects/CerroRicoPalivariIIAlternativeIIIBolivia/tab....
http://www.investorshub.com/boards/board.asp?board_id=5406
FMNJ - Mission -
an 888 Mission!
God Bless
Merry Christmas all. May the season find you walking in the blessings of God, and may the coming year be one of health and prosperity for you and your family.
~For God in West Virginia~
Hi Barter...and HAPPY HOLIDAYS to you. I just came across this inspirational song with accompanying lyrics and thought you might like to have it. You might even find a place for it on your board(s)! Who knows.
I'm going to make it my signature link for the holidays.
http://www.teachnet-lab.org/ps101/chornik/wtc/hands.htm
Wishing you and yours all the best my friend. HAPPY HOLIDAYS!
Laptop
AP
SEC Charges Hedge Fund Over Shorting
Tuesday December 12, 3:19 pm ET
By Judith Burns, Dow Jones Newswires
SEC Charges Hedge Fund With Naked Short-Selling
WASHINGTON (AP) -- Federal regulators sued a Dallas-based hedge-fund manager Tuesday, alleging he pulled in more than $6.5 million of gains through illegal trading involving "naked" short sales of dozens of companies.
ADVERTISEMENT
Edwin Buchanan Lyon IV, the managing partner and chief investment officer of Gryphon Partners LP, was charged by the Securities and Exchange Commission on Tuesday, along with Gryphon and six other related firms based in Texas and Bermuda.
According to the SEC's complaint, filed in federal district court in Manhattan, from 2001 to 2004, Gryphon would engage in "naked" short sales, typically through Canada, after agreeing to invest in PIPE deals, or private investments in public equity.
The SEC also charged Gryphon with trading on inside information on at least four PIPE deals, involving Celsion Corp., Gentner Communications Corp., Manufacturers Service Ltd. and PhotoMedex Inc., by selling their shares short ahead of public announcement of the stock offerings. Lawyers advised Lyon not to engage in trading in advance of the deals, but he did it anyway, according to the SEC.
Short selling, which involves sales of borrowed shares in hopes of replacing them later at a lower price, is legal. So-called "naked" short selling occurs when the short seller doesn't borrow shares before selling them, a practice that was legal in Canada at the time.
The SEC claimed Lyon and Gryphon engaged in deceptive sales involving at least 35 companies that sought PIPE financing, after telling those firms that the hedge fund wouldn't sell or transfer the shares it acquired through the PIPE deals. The companies included Guilford Pharmaceuticals Inc., IntelliData Technologies Inc. and Heartland Oil & Gas Corp.
The SEC is seeking to have Lyon and Gryphon return their allegedly ill-gotten gains, with interest, and pay civil penalties.
"Insider trading and fraud by hedge funds continues to be a high priority for the commission," said Robert Kaplan, an assistant director in the SEC's enforcement division in Washington. He added that the agency will seek "substantial" penalties from the defendants.
The case isn't the SEC's first to target alleged manipulation involving PIPE deals and hedge funds, which are lightly regulated investment vehicles meant for the ultra-wealthy. Hedge fund manager Jeffrey Thorp and three hedge funds paid $15.8 million in March to settle SEC allegations of insider trading and illegal sales of shares involved in PIPE transactions.
Lyon isn't the first Gryphon manager to run afoul of the law, either. Former manager Jonathan Daws pleaded guilty in 2005 to charges of manipulating the price of penny stocks using information obtained from U.S. government sources. Daws was charged in a scheme that included former Federal Bureau of Investigation agent Jeffrey Royer; Royer's former girlfriend, Lynn Wingate; and former short-seller and Web site operator Anthony Elgindy.
Kaplan said the conduct alleged against Lyon and Gryphon was unrelated to the charges against Daws.
Ralph Ferrara, an attorney who represents Lyon and Gryphon, was traveling and couldn't be reached immediately for comment.
Whoa! 40 new Signatures, This things going to Congress!
http://www.petitiononline.com/mrktrfrm/petition.html
If you haven't already...Sign Up!!!
by: fish777 -
TIA.
To 'bartermania' on 'MARKET REFORM MOVEMENT-NSS/FTDS&RELATED ISSUES' -
Billionaire Boys Club Member Forum -
today added -
12/1/2006_adding this to naked short from NYBOB -
--- #msg-15229021
--- #msg-15229370
THIS 101 TEACHING ABOUT ETF'S AND NAKED SHORTING...
From Atag:This Link Is Good For 101 Trading. -
[Naked Shorting] -
http://www.businessjive.com/nss/darkside.html
TIA
Bob
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