May 16, 2005 (financialwire.net via COMTEX) -- May 16, 2005 (FinancialWire) Another high-ranking Senate figure, the Democratic Whip Senator Richard Durbin (D-IL) has joined the Republican Whip, U.S. Senator Robert Bennett (R-UT) in questioning U.S. Securities and Exchange Commission Chair William Donaldson about what they perceive as the failure of "Regulation SHO" to curtail law-breakers.
In a recent FinancialWire exclusive, a shareholder, Dennis Smith, was told in an email by Wells Fargo (NYSE: WFC) that it can not provide delivery of Global Links (OTC: GLKC) because it and E*Trade Group (NYSE: ET) are hopelessly short. The individual who started the controversy, Robert Simpson, has said he has also been unable to get delivery from Oppenheimer Holdings (NYSE: OPY).
Some have suggested that Simpson might be able to file for an injunction against Oppenheimer, in its dual role of market-making, if it continues to sell stock in a company whose shares it has already stated it can not deliver.
Senator Durbin's letter to Donaldson appears to sharply contest the Depository Trust & Clearing Corp.'s contention that it has no role in Regulation SHO.
"I am writing to request information regarding the June 23, 2004 Securities and Exchange Commission (SEC) short sale regulation, designated Regulation SHO. On March 9, 2005, the Senate Committee on Banking, Housing, and Urban Affairs held a hearing on Regulation SHO, in which Chairman Bennett spoke with you about the regulation's effects on the illegal practice of naked short selling. I thank you for your testimony and I hope that you can follow up on some of my concerns not fully addressed by the Banking Committee hearings.
"I appreciate the efforts of the Securities and Exchange Commission (SEC) to control abusive short selling practices. As a result of Regulation SHO, the names of firms with large amounts of unsettled shares are published on the Threshold Security List daily. This list assists individual investors in making informed decisions about potential manipulation of the market, and gives regulators and investigators a centralized list of firms with significant numbers of undelivered shares. However, it has come to my attention that Regulation SHO may not be curtailing abusive naked short selling practices.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.