CMKX is not trying to redefine the law. They are just trying a new approach to bring the NSS issue centerstage. Nothing else has worked...heck, even the SEC's own rules don't work.
Has it worked thus far for CMKX? Not as of yet...the judge doesn't understand naked shorting and the SEC is bent on keeping it as far away from their proceeding as possible. But the judge is giving Frizzy a window to try again...as those statements keep adding up, his case becomes a little bit stronger each day. Not enough to "prove" a short, but enough to "kick down the door" and perhaps raise some questions with the judge. All it takes is to raise enough doubt with his OG stats to at least warrant a more in depth look by her to explain how there are more "out" than "issued"...she is actually quite fair and balanced.
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