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Re: opportunityknocking post# 23910

Monday, 10/26/2009 8:32:16 PM

Monday, October 26, 2009 8:32:16 PM

Post# of 30387
Opportunity stated: "Wasn't YOU that said it was employees selling?" NO IT WAS NOT "Then you said it was Wittenberg?" NO I DID NOT. "OK now it's smithline? Yes, it is Smithline.


Opportunity: "We can all agree this stock is being naked shorted which is illegal." No, that is not correct. Naked shorting is a "failure to deliver". If Moro fails to give Smithline shares, then the stock would be naked short but it would not be illegal. You should read the SEC ruling on naked shorting.

Opportunity: "Someone is pushing the limit and this probably will force them to cover."
No, What Smithline is doing is legal by SEC rules. This is the 13th day on the SHO list and if what he was doing was illegal, then the SEC would have forced him to cover TODAY.

" Mandatory Close-Outs of Threshold Securities.

Regulation SHO requires broker-dealers to close-out all failures to deliver that exist in threshold securities for thirteen consecutive settlement days by purchasing securities of like kind and quantity ("close-out").20"


http://www.sec.gov/spotlight/keyregshoissues.htm


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