Can you cite a single case where this illegal activity was prosecuted? Surely manipulation on that scale would pique the interest of the SEC and DOJ…or in this “concept”, they’re too sophisticated and are able to outrun the law? Just curious how prevalent this phenomenon is and if I can get away with it. Sounds easy and apparently no negative consequences
I disagree with the premise that an illegal activity should be written off as something that couldn't possibly happen simply because it is illegal
The problem is not the legality of the short position, it is the quantity.
Shorts can be illegal for numerous reasons. Failing to locate in advance, violation of a MM's "market making role", violating reg SHO,, etc.
But these are still tracked as short shares and naked short shares.
What I consider far-fetched is the idea the book-keeping system is broken. If you buy a share and it is not delivered, then you (your broker, the DTC) is getting stiffed, It is up the DTC to report this. Why would they lie when they are the ones not being paid?
The naked short position here is chump change. Usually under a few thousand shares. The legality of it does not matter to the market.