You've been reading Patrick Byrne's garbage for way too long. His RICO gambit isn't going anywhere.
There is already considerable case history that addresses this issue. Read up on the Scattered Corp case with LTV. It doesn't matter how the ticket is marked, neither naked short selling, nor creating "FTD's", is illegal.
"The penny stock investor may be the most dangerous creature in the investment world, at least to himself.[...]His hypocrisy becomes most apparent when he then blames his losses on the greed of others." Robert C. Dugan, Director - JRM Capital