Ah yes, the familiar panic when someone mentions the word affidavit. It always hits a nerve.
But let’s clarify a few things for those watching—and maybe even for the SEC, if they’re browsing.
An affidavit isn’t where speculation lives.
It’s where speculation transforms into sworn testimony, under penalty of perjury. And the purpose isn’t to prove a crime—it’s to initiate discovery, compel subpoenas, and justify investigation. A sworn affidavit, submitted to the proper authorities, is the starting line for SEC enforcement actions.
Let’s lay it out:
You say there are no shorts.
Then why has someone with “no position” posted thousands of times across multiple boards over the years, fixated on a stock that trades at $0.0001? Why the obsession?
You say there’s no synthetic float.
Then open the books. Let the SEC reconcile beneficial ownership records across brokers, transfer agents, and DTC positions. You won't—because you can’t.
You dismiss FTDs because ERHC has none.
Good. That’s not the only way manipulation occurs. The SEC’s own 2023 Risk Alert warned of "mismarked tickets, locate failures, and offshore abuses of short-sale rules"—especially in thinly traded OTC stocks. Synthetic exposure can be created through internalization, omnibus account abuse, and borrowed-share misreporting—all trackable if subpoenas fly.
Here's what SEC Enforcement actually states:
> "A pattern of misleading statements, high-frequency short sales, or sales without proper locates—even when routed through foreign intermediaries—can result in civil or criminal enforcement actions."
— SEC Division of Enforcement, Short Sales Compliance Memo
And remember, SEC doesn’t need a confession. They need:
Blue sheets showing sale origin
DTC/NSCC reconciliation data
Broker-dealer locate lists
Omnibus breakdowns by beneficial owner
Time-stamped audit trails via CAT/OATS
Now here's the part you’re most afraid of:
➡️ Affidavits trigger subpoenas.
➡️ Subpoenas force disclosure.
➡️ Disclosure leads to enforcement.
And as for the claim “no short exists,” then let’s test that.
Let an affidavit name the individual. Let the SEC verify. Because:
🧠 If the affidavit is wrong—you walk free.
🧠 But if it’s right—even partially—you’re looking at market manipulation, perjury, and potential obstruction.
SEC Rule 10b-5 applies just as much to lies told to cover up short positions as it does to lies told to inflate price. If you're on the wrong side of that, anonymous usernames won't protect you.
So laugh about “affidavits” all you want.
But when the paperwork lands, you’ll find out this isn’t a game.
Krombacher