gemmerling: Although Dutchess (or their business agents), may not have a short position, there's nothing that prevents, say, a friend of a high-ranking employee of Dutchess from shorting the stock. Cornell is allegedly famous for such arrangements (naked shorts that can't be traced back to them), always seems to be there's a naked short position in a company Cornell finances. I don't think that's co-incidental.
I know there's a lot of "conspiracy" theories out their re: the MMs and financing companies messing with the PPS. I wouldn't put it past someone who would benefit from naked shorting to do it through some loophole. It seems to happen a lot.