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Sunday, 01/09/2005 3:30:38 PM

Sunday, January 09, 2005 3:30:38 PM

Post# of 4551
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Subject: NASDAQ Threshold List Incomplete - A Fake.



Sent: Sunday, January 09, 2005 7:26 AM
To: chairmanoffice@sec.gov; chepucavagep@sec.gov; cutlers@sec.gov; donaldsonw@sec.gov; Bob.Greifeld@nasdaq.com; glassmanc@sec.gov; royep@sec.gov
Cc: brigaglianoj@sec.gov; carpenterj@sec.gov; doug.shulman@nasd.com; eliot.spitzer@oag.state.ny.us; heinej@sec.gov; Lawranne.Stewart@mail.house.gov; Marc Lackritz; Menchel, Marc; Mary.Schapiro@nasd.com; nazaretha@sec.gov; oig@sec.gov; Barry.Goldsmith@nasd.com; vice.president@whitehouse.gov; Terry.Reicher@nasd.com; stachnikw@sec.gov; sgoldstein@dtcc.com; Robert.Glauber@nasd.com; president@whitehouse.gov
Subject: NASDAQ Threshold List Incomplete - A Fake.
Importance: High


Gentlemen,



The list of threshold securities disseminated on the NASDAQ web site Saturday January 8th is far from complete and, if left at this level on Monday morning, would put the NASDAQ in violation of regulation SHO. The question would then become whether omissions are criminal violations.



The Leslie Boni report validates that the Sum total issuers from the OTCBB and Pink Sheets exceed the sum total for the NASDAQ, NYSE, and AMEX as threshold securities. The Mean fails of ALL OTCBB/Pink Sheet companies evaluated was ABOVE the .5% threshold (.96%) and of the 1790 that had fails, their failure rate was at a mean of 1.56% - 3X the accepted levels. This would identify that the OTCBB/Pink Sheet listed securities would have a higher sum total issuers on the list. In fact, if you add up the AMEX, NYSE, and NASDAQ and compare it to the OTCBB and Pinks that is not the case as presented. There is NO WAY that 1790 companies with fails recorded at a mean of 1.56% result in only 300 or so that exceed the .5% with the mean of 3000 companies all exceeding .5%.



Bear Stearns identified in a recorded conference call that the regulators had been providing them a list for over a month and that list was 1000+ companies. This was December 13, 2004 and at that time the OTCBB and Pink Sheets contained 800+ names. If the Regulators had that list and could present to Wall Street, what is their issue now? Why can’t they complete a list they should have always maintained under their own rule 11830? Was the NASDAQ not applying Rule 11830 to reporting OTCBB Issuers all along as rule 11830 and SHO are nearly identical except for exemptions provided to the criminals in the NASDAQ rules?



The fact that the NASDAQ has put in the hands of Wall Street a list that they cannot disseminate to the public with the same ease reeks of conspiracy and cover-up. The fact that many of the companies not reported on this January 7 list are the very same ones that have pending lawsuits against Wall Street or cases moving forward are even more alarming. Each one of these was companies reported to Bear Stearns but not reported to the public. In none of these cases was there adequate industry buy-ins to support coverage on the fails in these securities. Certainly not so on these illiquid stocks when the Industry could find no means of resolving the threshold fails on the liquid NASDAQ and NYSE issues on their list as presented prior to this date.





Dave Patch



Table from Boni Report http://www.unm.edu/~boni/Fails_paper_Nov2004.doc





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For get my English I'm Hollands

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