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Replies to #38512 on One Step Ahead
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Downunder

04/05/05 4:51 PM

#38513 RE: fishing4diamonds #38512

Blattant use of Naked Short Selling!
This is a great article by some one who obviously knows the markets inside out!


Posted Apr 4, 2005, 12:15 AM ET by B. Patterson
I really cannot believe all this time being spent on disproving naked shorting. It is blatantly obvious and has now ripped over $2 trillion dollars from the American people.

As a Professional Trader, I see it every day. In fact, this past week alone, a new candidate hit the list. Eltek(ELTK) posted great quarterly numbers about 10 days ago. A smaller float company, it took off to the upside and set a new 52 week high. It came down on profit taking to $3.88, then this past Monday, it broke out from $4.12 to another new high at $6.40. Since that $6.40 on Monday, CIBC World Markets showed up with "the refreshing ask from hell". CIBC had no previous position in ELTK. The stock has 5.49 mil O/S and a flaot of 2.8 mil shares. No insiders have sold any shares nor have they filed to sell any shares. On Monday, the stock traded over 12 million shares...almost 5 times the float.

From that point on Monday, the stock traded over 14 million shares and CIBC shorted and/or sold 6.683 million shares.

How is this possible? It's very possible. And it is very real. It is naked shorting.

After their earning's release on 3/21, ELTK showed up on 3 German exchanges as a listed company WITHOUT THE COMPANY'S CONSENT.

This Friday, they appeared on the Reg SHO FTD list.

I have personally witnessed it myself. I see it all day long. It is not hard to find it.

Take a stock that is trading maybe 500K-1mil shares a day. Take the slow time from 11:30am-1:00pm EST. The MM's are kiting shares on an immediate basis. I will enter an order to buy an obscure amount of shares...like 1423 or 2137 shares. I buy them on the ask. Somebody just sold that many shares that I bought. That sell, and of course my buy, will settle in 3 days. But, the sell is what we are concerned with from the person I bought from.

As I said, the MMs will kite those shares that were sold to me and sell them again. Just watch the tape. Sure enough, a few minutes later at the ask or a penny or two above the ask, here comes the identical same number of shares crossing the tape. If you don't see it in the tape because that ask was bought in partials, you will see it as the best ask lot if and when the price gets there.

The MM's will do it all day long. Tomorrow they will do it again. Four days from now, they will kite shares to replace all the nakeds from today that are settling. Then, they will pass the entire lot off to a hedge for a fee to skirt any FTD's.

Not just in theory, but in provable practice, it takes twice as many shares to make a stock go higher as it does lower.

This is the MAIN reason the MMs are fighting so hard to keep Level 3 out of the hands of the investing public. They scream we should not have access to their complete book. This is so they can hide this illegal practice, and so we can't see their intent to steal the stop-loss shares of so many stocks on their slam campaign.

There are now 9000 hedge funds out there. Plus, the off shore factions that are involved. You can rest assured they have every security on the board covered. It's a little more than one per hedge.

Say what you will to "make us all crazies". It is happening...every stock...every minute...every day.

The American people will call for immediate reform and DEMAND no less than the following:

1). Donaldson...gone
2). 300 attorneys at the SEC...gone.
3). DTCC reform and present officials...gone. No more protection of their illegal $50
bil. a year income.
4). A newly formed SEC comprised of private investors. An SEC formed solely for the purpose of which the Securities Act of 1934 called for...protection of the private
investor.
5). No security prospectus anywhere warns any investor of the perils of naked short selling. Therefore, the SEC by its own admonition has created a securities market
where they have openly committed fraud on the individual investor by allowing any
practice of naked short selling as a part of bonafide market making. By grand-
fathering all previous naked shorting previous to Jan. 2005, they are committing
a second fraud on the American investor. Therefore, the SEC shall immediately be
called to answer some 40000+ charges of fraud and market manipulation.
6). An immediate call of all outstanding short shares. The SEC does know exactly who is
naked short selling our securities. All companies will then re-issue their "auth-
orized" number of short shares. Since "the sum of the parts cannot be more than the
whole", then all the parts are deemed null and void. A private agency will then be
formed to administer the short shares of every US listed company. Seven days notice
will be required to locate the short shares of any US listed security.
7). There will be no more pools of short shares created on a daily basis as naked shares to
counteract the effect of buying on margin. This is called "kiting" shares. It is illegal anywhere else in the world with a check, and illegal in the markets. There is no accountability in this practice and no justification for it. It forces every stock on the board to have twice as
many buyers as sellers for it to appreciate in price.
8). Immediate enforcement of the uptick rule. No more shorting into the bid.
9). Immediate access to Level 3 for all investors. It is not a level playing field until it is a level playing field.
10). No more trading off the board by market makers. All trades must cross the tape
during market hours.
11). No more painting the tape by specialists. The 4pm close is the 4pm close.
12). Immediate reform and disclosure for all hedge funds. They changed the rules with-
out telling anybody. They won't mind if we demand changing the rules for the benefit of the private investor.
13). No get out of jail free cards. No deals. This is the largest crime in World History
and they all need to be made an example of. The practice of shorting should be a
scary endeavor where even the slightest news will cause panic. That was the way it
was designed. For years now, it has been the other way and anybody long a stock
cannot even sleep at nite because the criminals never sleep.
14). An immediate daily publication of all open short interest on a stock, with name or entity and number of shares.
15). Immediate delisting of all companies listed on foreign exchanges without the companies consent.
16). Immediate investigation of all media, reporters, and newswriters who have received funds for writing articles about any company. All payola payments will be found, off-shore accounts will be seized, and those involved immediately thrown in jail. I'm sure a good place to start is CNBC with their off-shore accounts and their blatant attack against Taser. There are a few thousand others. CNBC doesn't report news. They create news. There is no first amendment right to freedom of speech when you harm a stock price through a news story. Even airing a commercial for which you were paid is in fact receiving $$$ for airing slam stories against a company. News is news. Repeating the same news over and over is slamming. And CNBC is guilty as charged.






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Bo14172

04/05/05 5:57 PM

#38524 RE: fishing4diamonds #38512

fishing4diamonds, great post and good to see you here.

B. Patterson gets a cookie.

ELTK is one I called early last month. When they announced their annual earnings is when the stock took off. I've traded in and out three times since their news announcement, doing well on each trade.

I didn't call them knowing there was such a naked short position out there. They simply had great fundementals and had been overlooked and undervalued. When I called them, their volume was low. After their earnings, volume went nuts. Patteron's assessment of their trading pattern is the best I've seen about an 'excess shares' issue with ELTK.

ELTK certainly can be thrown on the pile along with GLKCE as obvious proof of excess share being traded even though the o/s and float have been confirmed by the companies and their transfer agents!!

Speaking of GLKCE, as long as the company holds their share structure in place, they remain an example of the "excess shares" problem in which manipulation is occurring day in and day out. If a cover was ordered by the SEC of the excess shares, GLKCE has the potential to trade multiples higher than even current levels. We see how fast and high it rises even after appearing to lay dormant. Imagine what enforcement of trading rules would do for their stock price in the short term.

I've begun telling some people about Dateline's upcoming piece. It's simply a must watch.

Fair trading on all securities would provide the biggest boom for corporate and personal economic prosperity seen in many years. Possibly ever.

Excellent stuff and glad you brought it to the boards.

Bo





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SPARK

04/05/05 7:16 PM

#38525 RE: fishing4diamonds #38512

Great post!
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drwatson

04/05/05 7:40 PM

#38526 RE: fishing4diamonds #38512

There are now 9000 hedge funds out there. Plus, the off shore factions that are involved. You can rest assured they have every security on the board covered. It's a little more than one per hedge.

Say what you will to "make us all crazies". It is happening...every stock...every minute...every day.


It's true.

Whenever there's an IPO, they draw straws in the dining room at the Federal Reserve to pick the designated naked short hedge fund for the new ticker.
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skibum2k

04/05/05 9:08 PM

#38530 RE: fishing4diamonds #38512

FISHING4DIAMONDS......what a great post! I'm asking your permission to forward this info to the offices of NY Attorney General Eliot Spitzer, Rep. Sue Kelly (R-NY) and Senator Charles Schumer (D-NY). They are in the process of collecting information on this subject.

Excellent post!

Be well...

Ski
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Euthydemus

04/05/05 11:49 PM

#38537 RE: fishing4diamonds #38512

Here is a response to that post from a market maker of my acquaintance that I asked to look it over...

Okay, point by point.

As a Professional Trader, I see it every day. In fact, this past week alone, a new candidate hit the list. Eltek(ELTK) posted great quarterly numbers about 10 days ago.

I don't follow ELTK. As a result, all my comments will be about markets in general.

Take a stock that is trading maybe 500K-1mil shares a day. Take the slow time from 11:30am-1:00pm EST. The MM's are kiting shares on an immediate basis. I will enter an order to buy an obscure amount of shares...like 1423 or 2137 shares. I buy them on the ask.

This is an accurate description. In fact, it is what a market maker is SUPPOSED to do. We are supposed to provide liquidity. We are supposed to be there on the offer when there is a lot of demand, and we are supposed to be there on the bid when there's none. We are not supposed to lose money, but we ARE supposed to take a calculated risk to provide liquidity. If a market maker blatantly avoids doing this, then he is theoretically subject to NASD sanctions.

All market maker sales are naked. If I'm a market maker in a heavily traded stock (and we are in two of them), all our sales are naked unless we happen to have the stock in inventory. In the case of one of these stocks, we do happen to have a multi-million dollar inventory, but that is rare. In any event, if there is no inventory then all sales will be naked. In the case of a stock where we have no inventory, yes, the sales will be naked. Now you can easily borrow millions of shares of that stock (the float is over a billion shares with about 100 mil short), but that's not the way market making works. Getting locates takes time and thus would impede what we are supposed to be doing. Last month we bought and sold 7 million shares of this stock. That's what we are supposed to be doing--and presumably the market benefits from the liquidity.

We don't happen to be a market maker in MSFT, but I can assure you that all the market maker sales for their own account are naked. That's right--tens of billions of shares, hundreds of billions of dollars. This doesn't seem to bother Bill Gates. But it does bother the traders and owners of crappy, little companies.


As I said, the MMs will kite those shares that were sold to me and sell them again. Just watch the tape. Sure enough, a few minutes later at the ask or a penny or two above the ask, here comes the identical same number of shares crossing the tape.

Huh? How do you get those prints above the ask? In particular, how can I get some of those because I really, really WANT them? It would not be surprising to see the same odd number of shares come across, but they would not be above the ask--they would come at some other price, probably on the bid--as the market maker tries to flatten the position or at least to get a round number of shares. No one is magically selling the SAME shares. We don't have to; we we can short without a borrow, so why short the exact same number of shares again? There's a point to buying-to-cover the exact same number but not to shorting the same number.

Not just in theory, but in provable practice, it takes twice as many shares to make a stock go higher as it does lower.

Why would this be? To put it kindly, this indicates a naivete about the markets.

This is the MAIN reason the MMs are fighting so hard to keep Level 3 out of the hands of the investing public. They scream we should not have access to their complete book. This is so they can hide this illegal practice, and so we can't see their intent to steal the stop-loss shares of so many stocks on their slam campaign.

Malarkey. This is a comment from someone who has never seen a Level 3 display. There is this widespread misconception that we can see other market makers' books and in particular stop-loss orders. This is nonsense. What we CAN do is come into a market maker for a lot more than is displayed. This is not an Auto-Ex order, and the market makers can accept or decline. If they're on the offer, and they take a partial, our order does not automatically show up on the bid, as a retail order would. Since our company's particular style is to seldom hit other market makers, we are usually on the bid or ask. If someone comes into us for a large quantity, then we do get market color in a way that a retail trader would not. A retail trader can mimic this ability to a limited degree with a high-end connection to an ECN, and I've done it trading my personal account. It's not the same, but the distinction in market information is not as profound as one would think at first glance.

I couldn't care less if someone else has Level 3. Periodically I am intimately involved in the details of a particular trade or series of trades. I don't have Level 3 on my machine, nor do I want it. I am quite content to give input to traders without ever seeing Level 3. The retail interest in Level 3 is just an extension of the belief that the big boys have to have some special advantage.

It is true that we will try to utilize retail traders' stop-losses to maximize our profits. WE CAN'T SEE THOSE STOP-LOSS ORDERS. But we have a good idea where they are--from trading experience. What we do can be done just as easily by retail traders.


Four days from now, they will kite shares to replace all the nakeds from today that are settling. Then, they will pass the entire lot off to a hedge for a fee to skirt any FTD's.

Huh? How does passing a position to a hedge fund cure a fail? Why would a hedge fund accept a failing position? Why would they pay you for a failing position? How can I get some of this business?

I have not the slightest doubt that a really good BORROW in a heavily shorted stock would be worth real money. In fact, I'd be willing to pay good money for such a borrow. Actually I already do as an individual. The short interest charge for TZOO until this month was 52%. You read that right. Usury laws do not apply to borrowed stock. I have a wonderful average price in TZOO, and I still probably won't make much money on the short--it all went to the firm lending me the stock.

Back to ELTK:


Since that $6.40 on Monday, CIBC World Markets showed up with "the refreshing ask from hell". CIBC had no previous position in ELTK.

How does this guy know? How do I get market info like this? What's the name of the service and where can I sign up? I'd probably be willing to pay 100k a year for this.

From that point on Monday, the stock traded over 14 million shares and CIBC shorted and/or sold 6.683 million shares.

This info must come from that special service this guy has--the service I'd like to get the name of. Actually, maybe this service isn't so great, because this particular info makes no sense. There is absolutely, positively no way that CIBC went short 6.68 mil shares of a 2.8 mil float stock. WE ARE ALL IN BUSINESS TO MAKE MONEY. Only a manically self-destructive company would do a thing like that. I have personally been short 7% of a company's float, and, believe me, I was on pins and needles the whole time. As market makers and individuals, we are trying to make money, AND WE ARE EXTREMELY SENSITIVE TO THE OVERALL SHORT POSITION. As market makers, we have bid aggressively on stocks where we felt shorts were vulnerable, just as retail traders try to do. If we can do it to other people, then they can do it to us. One of our jobs is to make sure that never happens.

After their earning's release on 3/21, ELTK showed up on 3 German exchanges as a listed company WITHOUT THE COMPANY'S CONSENT.

This is a common, silly ploy. I have never heard of anyone making serious money at it. First, there's not enough volume on the German exchanges in these small issues to make decent money. And, second, the supposed ploy of telling the firm where you have shorted domestically that you have foreign stock to cover the short doesn't work for that long. MAYBE you could get a few days out of it. So what?

But I grant that this ploy is done. There are a lot of stupid things in the market.

Ultimately all fails get cured in time. This fantasy world of never having to deliver is foolishness.

I'm not going to repeat the list of demands this guy has. I saw them before on the Yahoo board. Idiocy.

Finally there are a few overall points I'd make.

First, market makers are not angels. I have seen a fair number of illegal things. Naked shorting is not one of them. Naked shorting is what we are SUPPOSED to be doing in the face of great demand. Naked shorting in the absence of substantial demand--in other words, to kill a stock, would be market manipulation, and this IS illegal. I have never seen it happen.

Most of the illegal activity I've seen has been when a market maker is working in concert with a promoter. The joke in our office is that, if another market maker calls you and begins the conversation with, "Hey, buddy", what follows will not be a legal suggestion. I have yet to see an exception to this rule.

The notion that stocks are being killed by rampant naked shorting is ludicrous except where there is a floorless or near-floorless convertible debenture. In any event, some firms do not even consider this naked shorting anyway. However, floorless or near-floorless convertible debentures are the source of a lot of selling pressure. But even here the shorting has to be timed so that fails and consequent buy-ins don't occur.

A philosophical point: ultimately markets don't require market makers or short-selling. They could exist without them. Market makers and short-sellers do improve markets for INVESTORS, but traders hoping for wild run-ups may not like short-sellers, and traders hoping for short squeezes may not like market makers. On the other hand, if these complainers are so concerned about market makers, I would recommend they confine themselves to gray market or unsolicited stocks. There is hardly any market-making or any short-selling there (there should be none, but I think there are small violations). Of course, on those unsolicited and gray market stocks those massive spreads are sort of a disincentive. Somehow I get the feeling that these complainers want to have their cake and eat it too--they want great liquidity and narrow spreads, but they don't want market makers. Kind of sounds like someone who has not outgrown their desire for the tooth fairy.