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Re: A deleted message

Saturday, 03/13/2010 9:33:38 AM

Saturday, March 13, 2010 9:33:38 AM

Post# of 44155
Frequently Requested FOIA Document:
Fails-to-Deliver Data
What You Should Know About the Data

This text file contains the date, CUSIP numbers, ticker symbols, issuer name, price, and total number of fails-to-deliver (i.e., the balance level outstanding) recorded in the National Securities Clearing Corporation's ("NSCC") Continuous Net Settlement (CNS) system aggregated over all NSCC members. Data prior to September 16, 2008 include only securities with a balance of total fails-to-deliver of at least 10,000 shares as of a particular settlement date. Data on or after September 16, 2008 include all securities with a balance of total fails-to-deliver as of a particular settlement date. The data include fails-to-deliver in equity securities.

The values of total fails-to-deliver shares represent the aggregate net balance of shares that failed to be delivered as of a particular settlement date. If the aggregate net balance of shares that failed to be delivered is less than 10,000 as of a particular settlement date prior to September 16, 2008, then no record will be present in the file for that date even if there are fails in that security. If the aggregate net balance of shares that failed to be delivered is zero as of a particular settlement date on or after September 16, 2008, then no record will be present in the file for that date. Fails to deliver on a given day are a cumulative number of all fails outstanding until that day, plus new fails that occur that day, less fails that settle that day. The figure is not a daily amount of fails, but a combined figure that includes both new fails on the reporting day as well as existing fails. In other words, these numbers reflect aggregate fails as of a specific point in time, and may have little or no relationship to yesterday's aggregate fails. Thus, it is important to note that the age of fails cannot be determined by looking at these numbers. In addition, the underlying source(s) of the fails-to-deliver shares is not necessarily the same as the underlying source(s) of the fails-to-deliver shares reported the day prior or the day after.

http://sec.gov/foia/docs/failsdata.htm

Note that in this entire dialogue, not once did the SEC refer to short sales, short sale volume reports or anyhing else. Huh, so what does that mean, we can't correlate short sale volume reports to Reg SHO threshold lists.


What is a Threshold Security?

Threshold securities are equity securities that have an aggregate fail to deliver position for:

* five consecutive settlement days at a registered clearing agency (e.g., National Securities Clearing Corporation (NSCC));15

* totaling 10,000 shares or more; and

* equal to at least 0.5% of the issuer's total shares outstanding.


Again, a threshold security and how it qualifies has nothing to do with volume of short sale traffic. It has to do with settlement failures.

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


The legal definitions and the math. And as it relates to BEDA, proof positive that there are not 6.8 Million FTD's or 2 Billion FTD's. The math used here is WRONG!