To all concerned in regards to naked short selling of stocks:
The attached article has been posted on various boards, including the IHUB sub-penny stock chat board. I think we need to take this article one step further. I have cut and pasted the article and sent it to Senators Bob Graham and Bill Nelson, as well as Representative Ric Keller, all of Florida. I believe that this issue should be brought to the attention of your state and federal leaders irregardless as to what party affliliation. The fact that the government may play a huge part in this atrocity is further reason that we all unite and make our voices heard. There are those of you whose comprehension of this matter is greater than mine. If there is anything you do not agree with, make your case and present it as such. Otherwise, scroll beyond the article to the bottom, sign and forward to anyone who is concerned about this matter. Also, I would cut and paste the article in an email to your state representatives of whose contact info should be readily available on the internet. It takes a few minutes, but I think its a good thing to do. When 10,000 signatures have been posted, we will forward to the current adminstration in Washington as well as Dateline. The ten thousandth person should forward back to: barbeszoo@aol.com.
"We the petitioners would like our government officials, irregardless of party affiliation, to address the problem of naked short selling of stocks and resolve accordingly. If you are unaware of this problem, please read the following article. Signatures will follow."
Dateline Could Blow Lid Off ‘Stockgate,’ Says Website
June 14, 2004. (FinancialWire) FinancialWire learned several months ago that “Dateline,” the investigatory TV program aired by General Electric’s (NYSE: GE) NBC unit, has been preparing a blockbuster expose of “Stockgate,” the term coined by FinancialWire to encompass the massive naked shorting scandal, that could cause the entire financial community to implode, but FinancialWire had honored requests from participants to keep the plans for the program confidential.
That has changed now following a story by The Faulking Truth website. “It's been called the biggest financial scandal in the history of the world, with incurred losses estimated by some experts at well over $1 trillion dollars. It's a scandal that involves over 1,200 offshore hedge funds, over 150 US brokers, [including Charles Schwab (NYSE: SCH), A.G. Edwards, Inc. (NYSE: AGE), and ETrade Group, Inc. (NYSE: ET)], and has already bankrupted over 7,000 US companies in the past six years,” said Mark Faulk, entitled “Is Dateline Losing Credibility Over StockGate Story Delays?”
“According to many of the lawsuits filed to date, the crooks include terrorist groups and organized crime syndicates. Sources say that this scandal, which involves an intricate system of selling electronic counterfeit shares of stock in an effort to destroy the market value of small publically traded companies by utilizing a method known as ‘naked short selling’, will eventually implicate almost every major broker in America, all of the governing bodies that oversee trading, and will extend into Canada and Europe,” stated the article.
“Amazingly, the SEC has admitted it had been ‘observing’ naked short selling for six years, but up to now has done absolutely nothing to put a halt to it.
“As The Faulking Truth has written about and followed this story over the past few months, one nagging question has remained: where is the national press coverage on this issue? Aside from a few recent articles in national newspapers, which have barely scratched the surface of this worldwide scandal, why has this been largely ignored by the mainstream media? Why hasn't one of the major network investigative shows put together an in depth expose' to blow this scandal wide open?
“Incredibly, we have confirmed that Dateline has done that very thing. According to sources involved with the story, NBC's flagship news program has filmed over 100 hours of explosive footage on the ‘StockGate’ scandal, which includes evidence that will ‘blow the roof off this scandal’, stated Faulk.
“There is only one problem. Originally scheduled to air in January or early February, they have postponed the show repeatedly, and now plan to air it ‘sometime in August.’ Even more incredibly, we have learned that they have signed an exclusivity contract with the two law firms that have filed the class action lawsuits that deal with the naked shorting scandal, in effect suppressing the public release of even more information about the scandal.
“After publicly speaking out about the scandal early on, attorneys John O'Quinn (of the Houston law firm of O’Quinn, Laminack and Pirtle), and Wes Christian (of Christian, Smith, Wukoson and Jewell) have been uncharacteristically quiet for the past few months. That's because Dateline has kept a muzzle on the two attorneys until the ‘StockGate’ segment airs.
“However, lead attorney Wes Christian has filmed over twenty hours of exclusive interviews for the Dateline segment. Although exclusivity contracts involving the media aren't unusual, this situation is a bit different. This scandal is ongoing, and in fact seems to be accelerating in the past couple of months, even after new NASD regulations supposedly aimed at putting a halt to the corruption went into affect on April 1st.”
FinancialWire has learned that Dateline may be pointing a large finger of conflict at the U.S. Securities and Exchange Commission itself, which reportedly receives a slice of every transaction fee as part of its budget. According to court filings supported by the O’Quinn/Christian network, almost $1 billion annually is received by the Depository Trust and Clearing Corp. for its “Stock Borrow Program,” which the lawsuits claim is just a fancy name for counterfeiting, as the DTCC purportedly lends out many multiples of the actual certificates in the float. Apparently the SEC receives a transaction fee for each transaction facilitated by these loans of non-existent certificates, which could knock a hole in its budget should the revenues from the practice be halted.
The North American Securities Administrators Association, comprised of state and Canadian regulators, has pointedly told the SEC that either it must rethink its cozy DTCC relationship, or it hints, some of its more aggressive state practitioners (think Eliot Spitzer) may do the rethinking for the SEC.
“The shelving of this important expose' by Dateline NBC raises some very important moral and ethical issues, in this writer's opinion,” said Faulk.
“If in fact they have collected information that would help to put a stop to the massive criminal activity that is robbing American companies and their stockholders of literally hundreds of millions of dollars every day, aren't they at the very least morally obligated to release that information in a timely fashion? And since they have postponed the show for the last four months, shouldn't they release attorneys O'Quinn and Christian from their exclusivity contract, so that they can disseminate information that might be vital in helping the victimized companies, their shareholders, and the various governing bodies put to end this ongoing corruption? And if in fact the money being stolen from honest Americans is being used to fund terrorism and organized crime, then shouldn't Dateline immediately make public any information that could help put an end to those insidious activities? Dateline declined to respond to repeated email inquiries for this article.
6/14/04 Dateline #2
“The question remains: why has Dateline been so slow to expose this monumental ongoing scandal, even as the corruption continues? There is some debate on that point. Some sources believe that they have ‘caved in to political pressure from the Right, who see this as a political time bomb for the Bush Administration’, while C. Austin Burrell, who has provided litigation and research support to O'Quinn and Christian in their lawsuits, believes that Dateline has it's own political and journalistic agenda, and plans to air the show in August to coincide with the Democratic Convention.
“The scheduled August air date concerns Burrell as well. ‘August is a dead month, with half of all people on vacation, and the other half not paying attention. It is not an appropriate month to release a piece with such a business focuses,” the article quoted him as saying.
“Still others close to the story say it is the complexity and constantly evolving nature of the story that makes it difficult to edit and air. According to Burrell, ‘This is not a difficult story, and it needs to get out there now. Dateline has made an important time commitment to this topic, and we simply want to see the payoff for the victims’,” the article noted.
Naked short selling is worrisome for hundreds of small U.S. companies, including those recently asking to be delisted from the Berlin Stock Exchange, such as Golden Phoenix Minerals, Inc. (OTCBB: GPXM), Monaco, Inc. (OTCBB: NNCO), 5G Wireless Communications, Inc. (OTCBB: FGWC), Cyber Ads, Inc. (OTCBB :CYAD), Projects Pharmaceuticals, Inc. (OTCBB: PVCT), House of Brussels Chocolates (OTCBB: HBSL), Informed, Inc. (OTCBB: IFMX), Viscera, Inc. (OTCBB: TSSR), Americana Publishing, Inc. (OTCBB: APBH), Cession Corporation (AMEX: CLN), ChampionLyte Holdings, Inc. (OTCBB: CPLY), Pickups Plus, Inc. (OTCBB UPS), China Wireless Communications Inc. (OTC BB: CWLC), CareDecision Corp. (OTCBB: CDED), Titan General Holdings, Inc. (OTCBB: TTGH), IPVoice Communications, Inc. (OTCBB: IPVO), Whistler Investments (OTCBB: WHIS), WARP Technology Holdings, Inc. (OTCBB: WRPT), BGR Corp. (OTCBB: BGRR), ICOA, Inc., (OTCBB: ICOA), DICUT, INC. (OTCBB: DCUTE), NHC Communications Inc. (TSX: NHC; OTCBB: NHCMF), Stratus Services Group, Inc. (OTCBB: SERV), Golden Phoenix Minerals, Inc. (OTCBB: GPXM).
Berliner Freiverkehr (Aktien) AG has been singled out as the broker and market maker that have been “listing” the companies. It is suspected that one broker, RA Angsar Limprecht, is involved in all if not most of the listings.
Small public companies are squeezed not only by hedge funds, naked short sellers, overseas listers such as the Berlin Stock Exchange, and the out-of-control “Stock Borrow Program” run by the governance-conflict-laden Depository Trust and Clearing Corporation, but to the amazement of the industry, as often and not by their own regulators.
A new staff recommendation by Annette Nazareth, director of the division of market regulation at the U.S. Securities and Exchange Commission to “outlaw” ownership of paper certificates at the same time the Depository Trust and Clearing Corporation is under intense scrutiny for alleged electronic counterfeiting has begun hitting the small public company markets, company executives, shareholders and manipulative short-selling opponents like the proverbial ton of bricks.
A Dow Jones (NYSE: DJ) article by Judith Burns sparked the uproar, as the inextricably intertwined web of connections between the SEC and the DTC, which is sagging from the weight of conflicted governance by representatives from a rollcall of industry heavyweights, including NASD, which owns NASDAQ (OTCBB: NDAQ), the New York Stock Exchange, Goldman Sachs (NYSE: GS) and Lehman Brothers (NYSE: LEH), to name only a few.
The rule proposal would bar stock transfer agents from handling shares that carry any limitations on transfer. Control over stock certificates is one of the ways that small companies have combated illegal naked short sellers. Burns quoted Nazareth as saying that these companies’ “self-help” efforts “aren’t helping U.S. markets overall.” Nazareth was quoted as saying restrictions on stocks are “a significant step backwards” in the “move from paper stock certificates to automated computerized trading.”
Nazareth said that abusive “naked” short selling has been a problem “in some cases,” but that is “best dealt with by a pending SEC proposal,” presumably Regulation SHO.
SEC Commissioner William Donaldson purportedly publicly refused to answer any questions from the NASD about the timing of the Commission’s consideration of the Regulation at a conference where he was simultaneously proposing early reforms of the mutual fund scandals. The Dow Jones said, however, that Robert Colby, SEC deputy market regulation division director, predicted the SEC will take that to a vote in early June.
The Dow Jones report noted that “naked short-selling occurs when sellers don't buy shares to replace those they borrowed, a manipulative practice that can drive a company's stock price sharply lower.
The stock certiticate plan has been put to a 30-day comment period then the SEC would have to vote to adopt it. If adopted, Colby was quoted as saying that regulators might “sue firms that seek to impose restrictions on stock transfers.”
The recent lawsuit filed by Nanopierce Technologies (OTCBB: NPCT) alleges that the Depository Trust and Clearing Corp. has a lot of reasons, almost one billion of them a year, to keep illegal naked short selling in operation. It was the shot across the bow by the legendary Houston law firms of Christian, Smith, Wukoson and Jewell, and OQuinn, Laminack and Pirtle, whose notches already include environmental targets, the breast implant industry and the tobacco industry, all brought to their knees.
In comments to the U.S. Securities and Exchange Commission, C. Austin Burrell, who is providing litigation support and research for the law firms, said that StockGate is more massive than anyone may have imagined. “Illegal Naked Short Selling has stripped hundreds of billions, if not TRILLIONS, of dollars from American investors,” and have resulted in over 7,000 public companies having been “shorted out of existence over the past six years.” Burrell said some experts believe as much as $1 trillion to $3 trillion has been lost to this practice.
He stated that the restrictions on short selling were deliberately put into the Securities Acts of 1933 and 1934 because of the first-hand evidence then available that the “sheer scale of the crashes was a direct result of intentional manipulation of US markets through abusive short selling by a massive conspiracy.”
Burrell noted that the 65-lawyer team presided over by lead lawyers Wes Christian and John O’Quinn has uncovered more than 1,200 hedge fund and offshore accounts working through more than 150 broker-dealers and market makers in a joint cooperative effort to strip small and medium size public companies of their value.
Recently the NASD and U.S. Securities and Exchange Commission approved an interim naked short-selling band-aid, requiring U.S. brokers to make an “affirmative determination” that short-sellers, even foreign short-sellers, mostly Canadian, can find certificates to cover before processing the order.
Last year, many besieged public companies sought refuge from the manipulation by seeking to exit the DTC, but on June 14, 2003, the SEC stated “the issues surrounding naked short selling are not germane to the manner in which DTC operates as a depository registered as a clearing agency. Decisions to engage in such transactions are made by parties other than DTC. DTC does not allow its participants to establish short positions resulting from their failure to deliver securities at settlement. While the Commission appreciates commenter' concerns about manipulative activity, those concerns must be addressed by other means.
6/14/04 Dr D Thinking Outside The Box
AI
