Ssc
First, I find it interesting that you're so adamant about denying any involvement in short selling, which, as we’ve discussed before, is not necessarily defamatory even if someone mistakenly accuses you of it. The mere act of short selling is a legal and common practice in the stock market. That being said, your strong stance on this subject leads me to a thought-provoking scenario worth considering.
Hypothetically speaking, if a libel or defamation case were to arise over these accusations, and during that process, you were to claim under oath that you were not engaged in short selling, this would lock your testimony in legally. In the future, should a failure-to-deliver situation occur (potentially as the result of a short squeeze), and an investigation by the SEC or another regulatory body reveals that you were, in fact, involved in short selling, this could open the door to far more serious consequences—such as perjury, which is a criminal offense. On top of that, it would expose any such actions as fraudulent.
In such a hypothetical case, not only would this reveal fraud in relation to short selling but would also highlight the legal implications of lying under oath. These are not accusations but rather a consideration of how legal processes can unfold, especially in the context of public statements and potential future investigations by regulatory bodies.
Secondly, claiming you're not a short seller while being one (if proven) would inherently involve deception in this situation, given the legal and financial implications tied to short selling. So, while you’re right to defend your position, I hope you're equally aware of the legal risks that could come from falsely declaring such positions in a court of law or under oath.
As always, my intent is to merely point out the potential legal exposure that can arise when strong statements are made without concrete evidence or when facts are misstated under oath.
I'm not a lawyer.
Krombacher
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