Diamond-any company that wants to can easily prove the existence of a delivery problem in its stock. Between the NOBO/OBO lists, the TA records, and the DTCC sheets they can get a highly accurate estimate.
Twelve companies have had court cases alleging naked shorting dismissed for not being able to show any evidence of the practice.
The DTCC is part of the Federal Reserve System, and is not going to release market sensitive data, period, any more than your bank is going to give you daily information on their capital reserves.
DTCC public statements have all but said the the NSS group are morons, and the the NSCC data analyze by Leslie Boni clearly shows that the claims are a myth. Although her analysis has flaws, they are such that they would tend to overstate the problem.
The core of her analysis is straightforward: in three separate market snapshots separated by two months each, the absolute number of BB and stink sheet fails at t+13 was 200 million shares-covering over 3,000 issues, and that was a period in which market makers did not have speedy delivery requirements for positions established in the course of making a market. Given the miniscule price of active issues during that time, t+13 fails aggregated to something in the two to ten million dollar range.
Then, of course, there is the uncomfortable reality of CMKX not being on the SHO list.
Shorty ain't there, in this scam, or in any of the scamwire 100 crap.
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