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XenaLives

01/08/11 10:33 AM

#96 RE: olandug #93

From elsewhere on the same site:


Further State Laws
All states should have a provision on their books like the one in California, that is taken almost verbatim from the text of federal
securities laws. This ensures that civil action can be taken in state courts by investors or by state regulators based on state laws:


Cal Corp Code § 25400 (2008):

Creating false or misleading statements or appearance of active trading to induce purchase or sale or to manipulate price


It is unlawful for any person, directly or indirectly, in this state:

(a) For the purpose of creating a false or misleading appearance of active trading in any security or a false or misleading
appearance with respect to the market for any security, (1) to effect any transaction in a security which involves no change in
the beneficial ownership thereof, or (2) to enter an order or orders for the purchase of any security with the knowledge that an
order or orders of substantially the same size, at substantially the same time and at substantially the same price, for the sale of
any such security, has been or will be entered by or for the same or different parties, or (3) to enter an order or orders for the
sale of any security with the knowledge that an order or orders of substantially the same size, at substantially the same time and
at substantially the same price, for the purchase of any such security, has been or will be entered by or for the same or different
parties.

(b) To effect, alone or with one or more other persons, a series of transactions in any security creating actual or apparent
active trading in such security or raising or depressing the price of such security, for the purpose of inducing the purchase or
sale of such security by others.




http://investorprotectioncoalition.org/Risk.html
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olandug

05/05/11 2:34 PM

#136 RE: olandug #93

SEC Approves Amendments to Establish Regulation NMS-Principled Rules for OTC Equity Securities

FINRA Regulatory Notice 10-42

The Securities and Exchange Commission has approved new Financial Industry and Regulatory Authority rules that extend certain Regulation NMS protections to quoting and trading of over-the-counter (OTC) Equity Securities. Effective February 11, 2011, these new rules: (1) set forth permissible pricing increments for the display of quotations and acceptance of orders, (2) require firms to avoid locking and crossing quotations within an inter-dealer quotation system, and (3) establish a cap on access fees imposed against a firm’s published quotation. Effective May 9, 2011, the new rules will require an OTC Market Maker, subject to certain exceptions, to display the full size of customer limit orders that improve the price of the Market Maker’s displayed quotation or that represent more than a de minimis change in the size of the Market Marker’s quote if at the best bid or offer.

FINRA Link: http://www.finra.org/industry/regulation/notices/2010/p122115
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olandug

05/06/11 12:52 AM

#137 RE: olandug #93

MARKET MAKERS SHAKEDOWN: A MUST READ!!!!!!!!

MMs Practices exposed (somewhat)...This is from another poster who found this delicious breakdown of how the MMs put the screws to all who are weak and shake easily.

good reading..
More and more investors are winning the game
nowadays despite all bashers that float through the
Internet that has become part of the game. Floor
traders of market makers often watch CNBC, news
wires and bulletin boards in order to follow the
market during trading session. OTC BB market makers
(MMs) don't use fundamental and technical analysis.
However, what they do realize is a lot of dumb
money does use this newest niche charting or TA
(Technical Analysis) to run a stock either up or
down. To the MMs this is like taking candy from a
baby. Simply they will paint the tape and use
whatever tactic to affect the charting bands. Thus
the public and dumb money they will have eating out
of their hands. Effectively the MMs can show a
strong stock growing weak by manipulating the close
price in order to generate selling volume, delaying
trading time to manipulate trading activities, or
even stalling the ask without honoring orders to
hold a stock price.

MMs follow a simple code of business when making a
market in a stock especially an OTC BB / PS. That is the
level that stocks will seek that yields the most
volume. Now this is very important because they
make money on the volume buying at the bid and
selling at the ask. In other words, by making the
market they are buying low and selling high. Now
smart money adheres to that rule, so do all the
market makers. They could careless whether the
stock is at $22 or at $0.0002. All they care about
is the action thus being able to sell stock at the
offer (The high) and buy stock at the bid (The
low). To increase their profitability, they make
the spread as great as possible on as many shares
as they can especially if the volume falls off.

When they have mostly all "buy" orders, that's not
the price that's going to yield the most volume.
They need both buy and sells to get the maximum
action. Remember, MMs play the volume. If the
volume decreases and there are mostly Buys that
become a one way volume, Buy volume. So what they
do is let the stock run up to a price where it runs
out of steam. They fill all the buy orders there
that they can and then comes the pullback one way
or another naturally or induced. During the pull
back they can buy tons of shares and flip them to
those averaging down or trying to catch the bounce.
At some price, the stock will be relatively stable
and yield the most volume. Now that is the average
price you will see

The average price is the point where a stock seeks
a level where MMs can profit on the most volume.
So during the day that is the price that MMs and
momentum/day traders want to see the stock at. Why?
Because they know the public and dumb money was
chasing the price thing up. Most of the time, the
MMs love a flurry of Market Orders which is a dead
sign of an artificial run or momentum. Merely it
is money in the bank for them. Most get hung in a
momentum or day trade or by the tactics of Market
makers, who are in the business to screw the public
every chance they get. They are merely making the
market liquid is their reasoning.

The market makers have created an added
complication to the OTCBB's /PS chaos of the already
volatile intra-day price movements created by dumb
money, momentum and day-traders. MMs can not relate
to long-term holders in the OTC BB / PS. That makes
absolutely no sense what so ever. They feel a large
percentage of trades in the OTC BB / PS market consist
of short-term or day-trades, MMs merely view the
barrage of buy and sell orders as relatively
neutral to the market. How they figure it is when
the average dumb money buys shares in a company,
the MMs feel or rather know with some certainty it
is very likely that dumb money will want to sell
back those shares relatively quick on the slightest
drop.

Now somewhat comfortable with this logic the MMs
merely short sells into the buying and attempts to
take the stock down in an effort to "shake out" the
weak. Since it is tough to know for sure whether a
move is the beginning of a trend, or a routine
shake out, this type of deception works quite well
for the MMs. What the long-termers do to a stock
is surprise the MMs because instead of falling, the
shorting has no effect and the price goes up. Now
that puts the MM at selling low through shorting
and thus having to buy high in order to cover.

Boy, when this happens, the MMs are not very happy
campers. The investors and traders aren't supposed to
be doing that to them. Now it becomes time to pull
out every trick and tactic in the book in order to
attempt to get a Bear Raid at every dollar/cent mark or
percent from where the stock started. Could be a
fraction of a penny in smaller priced securities.
What MMs do is give you a chance to make a small amount
of money for your momentum and day trading style by
shorting it at these levels and trying to get a bear raid
each time. Each failure is compounding the MMs
short position so they let it go to the next level.
Now come more deliberate tactics MMs use to coerce
Bear Raid or panic selling.

Once the MM is caught short and the strength of the
buy is overpowering the MM will want to cover his
short position. So the MMs call up one of his
friendly MMs and says some like "the weather is
sure rough today." The MM along with the other
"friendly MM initiates a down tick about the same
time. Now this can also be done with a certain
amount of shares such as an infamous 100 shares
flag. This down tick gives the illusion of weakness
designed to hopefully begin the bear raid of
selling. The fickle, fearful, day trader, momentum
and short term begin to sell out allowing the MM
to cover his short position at lower prices. They
will move it down quickly to get it to a price of
least financial damage. Problem they have is
long-term investors in the OTC BB / PS. They start
accumulating and buying comes flying in when they
take it too far thus the MMs took it to the point
of volume again and not only investors the other
MMs step in the make money on the spread.

Alas the poor MM does not get to cover. Now comes
various tactics like stalling, boxing, or even
locking the Bid and Ask for a while.

Of course, MMs aggressively deny any sort of
collusion designed to fix quotes or spreads.

MMs have a vast resource of tactics and it would
take probably more than a lifetime to figure them
all out.

So how do investors somehow manage to overcome the
obvious deception in OTCBB arena? One answer is
indirection trading style by going long which the
MMs do not expect. In the war between investors and
public companies on the OTC BB / PS vs the MMs, if the
MMs have all the advantages due to position or
other factors, direct confrontation such as
momentum or day trading hitting the stock is a
definite death sentence.

However, an indirect approach tends to weaken the
path of least resistance before slowly overcoming
it. The most effective way is long-term investors
slowly accumulating and holding thus drawing the
MMs out of its defenses making them as naked as
their short position. This is war so this slow
accumulation and holding for the long term easily
achieves the desired effect to force MMs to cover
and knock off the tactics or bury themselves
deeper.

The MMs when caught will especially use every trick
and tactic in the book to get a Bear Raid thus
playing on the individual fear of most people. The
MMs feel they have information and position
advantages over the investors as long as the
holding of the stock is in weak hands or short term
holders. Since they are OTC BB MMs who believe all
OTCBB companies are not worth investing and
management is ineffective regardless what is
happening within the company. Furthermore, MMs know
they are in the position to impose a great deal of
influence in OTC BB stocks trading when it suits
their needs.

This inherent power of position enables the MMs to
move the markets at any time up or down. As a
result, the only way to draw them out of their
favorable position is going long. Now this does not
mean just any company but to effectively nail the
MMs, Longs must find the great company on the floor
and accumulate long before the MM tactics and games
begin.