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Friday, June 26, 2015 12:21:59 AM
What about shares sold short before and after the contract in order to drive the stock price down?
(1)
As much as it sucks, shorting is not illegal.
(2)
So long as IR can prove that it did not dump the shares it got from SCRC but instead actually held their shares, then it is wholly irrelevant to the issues being raised in the SEC Administrative Proceeding what else IR may or may not have done with respect to investing/trading OTHER shares of SCRC that were unrelated to the shared it received as part of the financing deal. If -- and that is a big "IF" -- IR did short, it did so with ITS OWN money and shares that it located and borrowed.
(3)
That all being said, what I do not know is if it is possible to borrow your own shares to short. I have never heard of it and I do not know if it is permitted. It may be. If so, then I do not know if IR may have borrowed its own shares to short sell, which would effectively NOT result in a sale of its shares because they technically were never sold -- they were only loaned out. TO BE CLEAR: This is 1000% pure conjecture and is only being spoken about in terms of hypothesizing how shorting may occur w/o triggering a 13G to reflect disposals by a TUT.
(4)
"IF" the scenario in (3) occurred, and "IF" the SEC considered the borrowing of shares for purposes of shorting to be in the same category as direct "malicious selling of shares", then that would be the only way (IMO anyway) that IR shorting SCRC stock would ever become relevant in this SEC Administrative Proceeding.
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