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Re: Heartbeat post# 8532

Wednesday, 05/03/2006 4:49:03 PM

Wednesday, May 03, 2006 4:49:03 PM

Post# of 115222
Yes. That's exactly how I understand it. However, naked short selling comes under the RICO act since trades are executed here in the US on US exchanges and therefore all short selling requires an effort to seek shares to cover in a timely manner. The conspiracy portion of the RICO Act comes into play when Canadian shorts, where it is legal, work with US brokers, for whom it is illegal. Canadian law does not allow for the breaking of American laws in the execution of trades. Canada has its own statutes that specify such. The real problem is the lack of enforcement on the American side through the SEC, which then fails to inform Canadian authorities that the trades are in violation of US trading practices. Therefore in practice, net result is short selling of American stocks from Canada is illegal, though NSS is legal there.

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