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Wednesday, September 13, 2023 9:35:30 PM
"In theory, done legally, short selling can be beneficial to the markets by holding companies accountable when they do not properly represent their financial statements or when they fail to disclose certain other matters that could affect stock price.
“The problem is that isn’t what I have seen in the last 20 years in the litigation space of stock manipulation,” said Wes Christian, a partner at law firm Christian Smith & Jewell. “What I see is prime brokers, hedge funds, and market makers rigging the system to basically guarantee they’re going to be able to make money off their shorts.”
Naked short selling is among the most fraudulent of schemes. It is the illegal practice of selling shares a short seller has neither borrowed, owns, nor intends to buy, resulting in a “failure to deliver” (FTD) amounting to trillions of dollars in FTDs, as some research indicates.
“I believe [illegal short selling] is the largest commercial fraud in U.S. history. It makes the Bernie Madoff scheme look like a gnat on an elephant’s behind.”
Wes Christian, Partner, Christian Smith & Jewell
By selling so-called “phantom” shares, naked short selling gives criminal-minded investors the power to manipulate share prices at will.
“It’s like xeroxing your car title 100 times and selling that car to 100 people, but you only have one car,” Christian said. “That’s what Wall Street is doing.”
https://www.complianceweek.com/risk-management/doj-probe-into-shadowy-underworld-of-short-selling-long-overdue/31237.article
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