What I think needs to be looked at closely is that this same exact pattern of naked shorting happened with Spansion. Both of which are/were his cases. One might conclude that the risk off trade is shorting 200% of the OS naked knowing that the judge will never allow the common to survive in advance. All IMO of course but the facts speak for themselves. Once again I believe this article may summarize this scenario perfectly. http://www.washingtonpost.com/wp-dyn/content/article/2010/10/19/AR2010101907216.html