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Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 3/14/2006 12:00 AM

So, Dr. Byrne was standing at the podium, discussing the future of Overstock.com, when he drew to the end of his prepared statements about the company.

And that is when the fireworks began.

Everyone should go view the slide-show, paying special attention to the final slides.

Here is an audio link from Businessjive.com, of the NSS portion of the program.

Slide 24 is my favorite. 

JPMorgan_3-14-06-24.gif 

Now, for those that aren't sure what they are looking at, the first column shows the actual number of shares at the DTC being held for the broker in question. The second row shows the total outstanding securities entitlements that the broker has outstanding to his customers. The third row shows the number of securities entitlements not covered by any legitimate share at the DTC.

So, how can that be? Well, one of two possibilities jumps out at me - either the NSCC's stock borrow program DOES in fact generate a float of Securities Entitlements in excess of the number of shares that are legitimately issued - the old "counterfeit share" story - or the brokers are all in violation of the 1934 Securities Exchange Act, Section 9 - creating the appearance of trades or the appearance of a market without transfer of ownership (manipulation)  - as well as UCC Section 8, for misrepresenting invalid Securities Entitlements as valid.

If any brokers self-cleared, they're also in violation of 17A, for not ensuring transfer of ownership, and de-linking clearing and settling.

Here's the shorthand - guys like Daiwa and Lazard and the rest appear to be taking money for shares, and issuing Securities Entitlements, and then never spending the money to buy the shares and deliver them. Alternatively, they are issuing Securities Entitlements, and failing to break the trades when no shares show up, so that they can keep the commissions.

Huh.

Exactly as I have been hypothesizing. Sort of like a massive fraud, where they cheat investors out of their money, and then lie about it, breaking a host of laws, but safe in the knowledge that if they are caught and fined, it will be a sliver, a fraction, of what they made.

Does everyone get what is going on here?

Step one: I give larcenous broker A, who could be my own broker for all I know, a bunch of real money I worked hard for.

Step two: He tells me I got the shares, and stuffs the cash in his pockets, never buying a share.


Now folks, this would be where we see, up close and personal, that there is a huge problem, and that the system is so badly broken that a company that's plunged in market value has done so, not because investors were selling, but rather because abusive participants are manipulating the market to sell the company into the ground, triggering margin calls, panic selling, and loss of faith in the company.

God, I can't wait for discovery, where all these third parties will have to cough up their records, and we get to find out on whose behalf these trades were placed. Any guesses out there?

How about guys like Lazard, that own 50 shares, and yet have sold over 300K? Daiwa, with zero?

Goldman Sachs, Rocker's prime broker, with millions never bought to make good on the Securities Entitlements.

Wow. How about that. Doesn't this start to look like a massive abuse of the system that is 100% consistent with a 10b5 violation: Stock Manipulation?

And doesn't it also start looking like crazy Patrick has been correct all along, and that the prime brokers, as well as other unscrupulous participants, are working together - colluding, even - with someone to manipulate the company's stock down?

Want to bet that NFI, and TASR, and NFLX, and HANS, and KKD, and quite a few others are also in the same boat?

Now what do all the apologists have to say - you know, where this is all in our heads?

We are being screwed, day in and day out, by Wall Street. I for one think an immediate trading halt is in order, as well as a formal SEC review of this massive, ongoing sham, in all of the above names. Want to bet that NFI has at least that many, if not more? How about TASR?

What does it look like when virtually every big name on Wall Street (except JP Morgan) appears to be stealing from investors, on a wholesale basis, and actively assisting stock manipulators in destroying a company's market value? That's my opinion of what is going on.

When do the first lawsuits hit? If I was Byrne, or the shareholders, I would be going class action and opening up a can of whupass on some of these Wall Street thieves.

Talk about a crisis of confidence in the system.

Is there ANY reason you can think of why anyone would have one iota of confidence in the system? Any, at all?

And this doesn't even count the ex-clearing stuff, as those aren't on the books of the DTC. This is only the in-system violations.

Think about that long and hard. I've been saying that ex-clearing is 5X or greater than in-system. At least. Now, doesn't that start to sound like Wall Street has got 50-60 million OSTK Securities Entitlements in the system, and only 8 million or so real shares not owned as paper? This could, and should, be the mother of all squeezes, and spawn billions and billions of lawsuits.

Astounding. And shameful at a level that is criminal.

The SEC should immediately open the DTCC's books for what is clearly now an orchestrated, felonious fraud against investors.

If they don't, how can the possibly pretend that there is any justice, or even semblance of reason to the system.

This is theft, pure and simple. The fact that the presentation was pulled is clear evidence of a massive attempt at cover-up.

That is the word. Cover-up.

Cover-up.

Are we going to let them get away with this?

Copyright ©2006 Bob O'Brien
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Comments (20)
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/14/2006 11:05 PM
Here is an archive of all the posts thusfar. Looks like a bug on the pointer that "finds" the blog. My tech guys are looking at it.

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Wonder Boy on 3/15/2006

The system IS broken. The politicians are too busy raising money to get re-elected to even understand the problem!

The SEC is too busy being 'politically correct'. They should have subpoenaed the 'media' and halted trading in the 5 companies listed in the subpoenas. THAT house should be cleaned starting with some names that start with B, C, and N.

The idea of a SRO is simply absurd. Almost like NOT regulating (or even peeking into) the Hedge Funds----a trillion dollar industry!

Trust me, I can go on and on, but ON THE BRIGHT SIDE, we have a few morsels. If the Biovail suit is upheld, a lot of folks will spend a LOT of time just on 'mail fraud'----3 years per incident I think it is. Damned lot of 'incidents'! Damned LOT of folks involved! Although I have few hopes of much from the Feds, the states could be a much different story. How about the taxes they lost due to the losses the residents suffered? No shares delivered? That's a big no no in most states. They seem to understand that folks want what they paid for better than the Feds seem to understand. Oh, a company failed in that state? Bet your Bippy that it will be blamed on 'naked shorting' or whatever.

They say that 'Americans' are a forgiving people. Well, I am not one of those folks. I want some justice. I want to see Bubba snuggling up to a whole lot of folks. I'll send him vitamins if he feels tired! I want to see the system fixed so our kids can have a fair shot at things, our parents can be made whole and live a better lifestyle, and we can all sleep better and more securely at night and not spend so much time 'wearing the tinfoil'!

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By cynabear on 3/15/2006

Can you recover the comments or do they dissapear into the ethers or magically just appear on some hackers screen somewhere?? any ideas??

the blog dissappeared just as i clicked to post a meassage that i will have to try and recreate...

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By blackbart on 3/15/2006

I posted it earlier but it never showed up. The figures show Citigroup having about 90,000 at the DTC and about a net 900,000 shares FTD. It also shows" City Securities" with about an 800,000 FTD. I have seen this reported elsewhere as "Citi ". Could you find out if this is part of Citigroup? Because it would give us the opportunity to put Sandford Weil finally in prison where he belongs.

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/15/2006

Here are all the comments I saved in an archive file:

Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By WickedWorld on 3/15/2006

That's the last straw for me!

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By bobo on 3/15/2006

I bet Byrne and O'Quinn are praying to whatever gods may be that these miserable scumbags sue him - can you imagine the discovery? I'll bet Byrne could hold an auction for the rights to defend that sut...

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By tbs_theman on 3/15/2006

Would this be the information the states were looking for?

This is GREAT!!!!!

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By robelita on 3/15/2006

OT-Bobo-my last post never saw the dark of night-is there a posting problem?

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By rtway1 on 3/15/2006

Everyone that has been elected by the people of this country, no matter what the office is, from mayor to president, should be made to read this site. If they don,t do anything about it they should be jailed or impeached. This good old boy bullshit has gotten way out of hand. Just do a trial run by halting trade on a few stocks and see how it plays out, with the DOJ and IRS overseeing the project. Anyone willing to give it up gets special treatment.

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By Alex on 3/15/2006

Why isn't that just what regular shorting causes?

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By blackbart on 3/15/2006

Bobo- This is why I do not believe the SEC gives a CRAP about enforcing anything that damages the industry. If the SEC does not initiate immediate buy-ins over this info that Patrick Byrne disclosed than that will seal their fate as being entirely complicit in this fraud. They have already had this info and have done nothing .There will be no turning back. Chris Cox what say you?

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By bobo on 3/15/2006

Alex: Because you wouldn't have companies like Lazard and Daiwa with no shares. The shares would have been delivered to them, because the short seller borrows the shares and delivers them. Then, they would deposit the SEs at the DTC to back up the Security Entitlements they generated. There are no shares there. Thus, either they were never given the shares and are misrepresenting the SEs to their customers as having stock backing it up (naked shorting fails to deliver the shares) or they never actually bought any stock, and merely desked the trades, telling their customers that they had gotten shares, but never bothering.

GS having millions of misrepresented SEs is so damaging to that firm, in light of today's revelation about a 64% increase in profits in a stagnant market where discount brokers will do a trade for $7, that it really could cause systemic problems for them.

What does NFI's book look like?

Oh, and none of the ex-clearing activity is represented here. None.

Nice.

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By Alex on 3/15/2006
bobo,

But if Lazard and Daiwa lent all there shares to short sellers wouldn't they show no shares but still have beneficial owners? That is regular short selling to me.

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By bphaere on 3/15/2006
3/14 @ 9:11

**You can't listen to the audio or video, because it mysteriously stopped working a few hours after the conference.**

I'm sure they'll make it available after the legals review it and a few unintended comments are removed. A poster on the ostk board picked-up on 2 or 3 good ones during PB's presentation.


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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By Admiral Ackbar on 3/15/2006

If only i was a big name broker. I could sell a million shares of GS on the open market that i never owned or borrowed and be worth a good nine figures. Since they will probably go under as they don't actually produce anything of economic value, Id get to keep all that loot to boot!! And i can justify my actions by saying I took a bad company out and sold the phony shares to the suckers that bought them at a lower price than they would have had i been required to actually buy or borrow the shares first. Wow, wouldn't people think I was the greatest, and I'd be stinkin rich to boot.

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By Kevin on 3/15/2006
Bobo -

If the money-makers can make like something never happened, could they do that to your blog? Could we wake up one day and it's just gone - closed down like it never exhisted? Granted, it would be illegal somehow, but these guys don't seem to care.

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By Wonder Boy on 3/15/2006

The system IS broken. The politicians are too busy raising money to get re-elected to even understand the problem!

The SEC is too busy being 'politically correct'. They should have subpoenaed the 'media' and halted trading in the 5 companies listed in the subpoenas. THAT house should be cleaned starting with some names that start with B, C, and N.

The idea of a SRO is simply absurd. Almost like NOT regulating (or even peeking into) the Hedge Funds----a trillion dollar industry!

Trust me, I can go on and on, but ON THE BRIGHT SIDE, we have a few morsels. If the Biovail suit is upheld, a lot of folks will spend a LOT of time just on 'mail fraud'----3 years per incident I think it is. Damned lot of 'incidents'! Damned LOT of folks involved! Although I have few hopes of much from the Feds, the states could be a much different story. How about the taxes they lost due to the losses the residents suffered? No shares delivered? That's a big no no in most states. They seem to understand that folks want what they paid for better than the Feds seem to understand. Oh, a company failed in that state? Bet your Bippy that it will be blamed on 'naked shorting' or whatever.

They say that 'Americans' are a forgiving people. Well, I am not one of those folks. I want some justice. I want to see Bubba snuggling up to a whole lot of folks. I'll send him vitamins if he feels tired! I want to see the system fixed so our kids can have a fair shot at things, our parents can be made whole and live a better lifestyle, and we can all sleep better and more securely at night and not spend so much time 'wearing the tinfoil'!

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By browntrout on 3/15/2006

Bobo- PDF shows Citigroup being way out of wack and also "City Bank". I have seen other postings that show that as "Citi" . Can you find out if these are both part of Citigroup? Citigroup show being long about 80,000 shares and FTD'ed about 900,000. If you add the Citi you get about 1.7 million against 80,000. Can we put Sandy Weill in jail finally?

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Re: Dr. Byrne Sets Off A Nuclear Device at the JP Morgan Conference By cynabear on 3/15/2006

I thought it might be of interest to remember who some of the illustrious alums of Goldman Sachs are....some in politics, some in hedge funds and even some doing bad TV.....and these are just the easy to find ones,

( this issue is so big I am not sure there is any bigger organized criminal activity going on these days)

kingdoms may just have to crash
andd kingdoms don't crash easy
I hope all bunnies stay safe

A sampling of alums includes:
Politics/ Government
Jon Corzine, Governor of New Jersey
Stephen Friedman, former Chairman of George W. Bush's National Economic Council
Robert Rubin, United States Secretary of the Treasury under Bill Clinton
Jack Ryan (Senate candidate), former candidate for United States Senate in Illinois
John Whitehead, Former Deputy Secretary of State, and Chairman of the Lower Manhattan Development Corporation.

Business /Bad TV/ REFCO rehab counselor
Jim Cramer, Founder of TheStreet.com and Smartmoney.com, best known as the host of Mad Money on CNBC
J Christopher Flowers, Founder of J.C. Flowers & Company and member of the Forbes 400 list.
Edward S Lampert, Founder of ESL Investments and member of the Forbes 400 list.
Eric Mindich found of Eton Park hedge fund.
Ed Mule, Founder of multi-billion dollar hedge fund Silverpoint.
John Thain, CEO of the New York Stock Exchange



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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Mississipibluffs on 3/15/2006

First, Bob, get your web people looking EVEN HARDER at security. A forensic geek would help too.

This site scares some folks with very deep pockets.

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Wonder Boy on 3/15/2006

Admiral Ackbar----

If it were a level playing field, let's just sell cars and houses, take the money and skip!

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Project142 on 3/15/2006

Bob, someone has a good link up on NFI yahoo board for the presentation

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By mwillwilly2003 on 3/15/2006

Bob, are you making a hard copy of everything that has appeared on this invaluable blog site? If not, let me urge you to do so; if the crooks manage to crash this site--and I can well believe that they will try to do so, and perhaps have tried to already--an important record of posts could be lost forever. We need to have ready access to all that has been recorded here, as that could prove very useful down the road.

Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Molon Labe on 3/14/2006 11:33 PM
Might the column labeled "Beneficial Ownership List" actually include shares held in segregated accounts? I.e., shares not held in street name?

Not saying it does, I'm just floundering for a logical explanation for what is otherwise obvious, flagrant, systemic fraud.
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/14/2006 11:58 PM
Molon: The math is pretty straightforward. There are a total of 8.7 million shares at the DTC. The rest are held in paper cert form. There are beneficial ownerships for 15.6 million shares recorded there. That means that 6.8 million are not backed by any paper certificate in the DTC vaults. Put another way, the 8.7 million include street name and broker name. Still are 15.6 million shares in customer accounts, or rather 15.6 million Share Entitlements. And that does NOT count ex-clearing. At all.

There is no benign explanation for Daiwa or Citi or Lazard being in the position they are in. None. And Byrne made clear that the many millions in Canada, hiding behind the CDS system, aren't counted, nor are all the Carribean shares (he had a caller claim there were close to 80 million shares there).

There is no benign explanation.
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/15/2006 6:56 AM
Here is a compendium of some more blog comments that were lost:

Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By mhatmccane on 3/15/2006

WOW - where do we go from here?? Kinda makes the journalists subpoenas look like small potatoes (I'm still thinking Cramer should do a perp walk). Is this the information the SEC doesn't want people to see because of trading business secrets?

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By Granny on 3/15/2006

From The Bill of Rights

Amendment V

No person shall ...
... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By InTheKnow on 3/15/2006

Jag Media Holdings (JAGH) has been fighting these bastards for 5 years now and still to this day the naked shorters are trying to manipulate this stock down.

Dave Patch keeps a daily chronicle of the trading in the stocks and passes it on to the SEC and NASD daily and they keep turning a blind eye.

This is the only stock on wall street that many firms will not let you purchase even though it is fully reporting and up to date and their accounting firm is one of the best on the street... Morgan Lewis.

Some brokerage firms will give the excuse that they want to "limit their liability" as a reason for not taking an order. In other words they are afraid of getting caught in a short squeeze!




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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By InTheKnow on 3/15/2006

How are all these entitlements (counterfiet shares, naked shorts) affecting the voting rights of shareholders and what affect is this having on mergers and takeovers?

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By InTheKnow on 3/15/2006

Can anyone answer this question...

We start off with XYZ with a float of 10 million shares.

XYZ is naked shorted, shorted, counterfeited, sold long (however you call it.) They are sold to a buddies of MM's and the amount totals 11 million shares. Now we have 21 million shares.

Now since the newly counterfeited 11 million shares are in the hands of a hostlie group, what prevents them from taking over the company/board of directors with the majority of votes?

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By Granny on 3/15/2006
If you think this is only going on in TASR and OSTK and NFI and reg sho stocks you are missing the forest. These criminals know that if they don’t put the shares on the reg sho list then they can do whatever they want behind the curtain. This problem is prevalent in many small caps. The numbers of shorts in many stocks they release each month is fraudulent. They keep the dow and s&p buoyed up so the masses don’t panic. That’s my opinion and it ought to be yours.

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By gary on 3/15/2006

sgoldstein@dtcc.com should be thrown in Jail and charged with CRIMES aganist the USA and never see the light of Day again and all his assets given to the poor.

The DTC is a Disgrace

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By piddly_sum on 3/15/2006

Is there a complete list available?

i.e. are there other firms further down on this list that have a net positive ownership? (not that it absolves any of the ones at the top)

It also be interesting to see where all the retail brokers stand on a total list, I see a couple made it onto this one.

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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By long_ostk on 3/15/2006

Did anyone hear herbie on CNBC this morning? He said that Patrick had been hyping on the internet that "big news" was coming and herbert is saying that Patrick should be looked at for Reg FD violation. Can herbey make accusations like that without proof? I did not see DR. Bryne state anything about big news coming. Herbert is trying to imply thats why the stock price spiked when in fact my guess is the spike was based on that article in the street.com that put a price target of 92 bucks. Anyone have any thoughts? I hope Patrick blasts herb for that reckless accusation.


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Re: Dr. Byrne Delivers A Body Blow at JP Morgan Conference! By jcline on 3/15/2006

So, do we have a Violation of 5th amendment rights, violation of the Securities and Exchange Act, violation of Title 18 of the US Criminal Code??.... care to add any others??

Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/15/2006 7:00 AM
More comments:

Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Mississipibluffs on 3/15/2006

First, Bob, get your web people looking EVEN HARDER at security. A forensic geek would help too.

This site scares some folks with very deep pockets.

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Wonder Boy on 3/15/2006

Admiral Ackbar----

If it were a level playing field, let's just sell cars and houses, take the money and skip!

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Project142 on 3/15/2006

Bob, someone has a good link up on NFI yahoo board for the presentation

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By mwillwilly2003 on 3/15/2006

Bob, are you making a hard copy of everything that has appeared on this invaluable blog site? If not, let me urge you to do so; if the crooks manage to crash this site--and I can well believe that they will try to do so, and perhaps have tried to already--an important record of posts could be lost forever. We need to have ready access to all that has been recorded here, as that could prove very useful down the road.

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By happyswede on 3/15/2006

Bobo,

As a long shareholder in both NFI and OSTK and having suffered the loss of many
bob, this list of firms is a disgrace to the American Capital System!

Dr. Byrne and Bob O'Brien, among others, have my deepest admiration and thanks
for their deep insight and comprehension in piecing all this together.

Anyone know an exceptional securities class-action attorney? The line forms here!

Regards,

Tom

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Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By dave on 3/15/2006

From the owner of the NY Post.

http://feeds.unitedkingdomnews.net/?rid=d234f16096fa778b&cat=fad6c6ce3bc72160&f=1


Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Wonder Boy on 3/15/2006 7:23 AM
Is the DTCC getting nervous?
http://www.dtcc.com/PressRoom/2006/workexpe.html
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By zipperhead on 3/15/2006 7:28 AM
Bob Pisani (CNBC) just said big board rumormill concerned about a Spitzer announcement on a big financial services investigation
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By rtway1 on 3/15/2006 7:42 AM
This system is making that guy in Venezuela look like a boy scout. What do we have to do, hire our own sheriff. Stop halting trades on some of these stocks and see what shakes out, BUT MAKE IT PUBLIC. REMEMBER THIS IS AN ELECTION YEAR, LET THEM EARN YOUR VOTE AND CONTRIBUTIONS.
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By old duffer on 3/15/2006 8:05 AM
with all the news services in other countries looking for anything to give the USA a black eye it is amazing that some of them arn't using this info to shame us.

Maybe the ones running this really are the masters of the Universe.

Pardon me while I check out my foil hat.
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By Scott on 3/15/2006 8:21 AM
Check out the institutional ownership for a lot of the heavily shorted stocks - You might see a trend with Goldman Sachs. Me thinks GS knows they are headed for a trainwreck and they are trying to protect themselves..

Meanwhile, I'm trying to get my certs of OSTK from eTrade - 14K of them. It's been seven weeks and they just told me it would be 3-6 weeks more. The first request failed and seems to have just vanished. Guess I'm gonna be on the phone a lot with those guys..
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By AWS on 3/15/2006 8:22 AM
Bob-

I tried to weigh in but my comments did not post. Shall I try again?

AWS
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By rashomon on 3/15/2006 8:38 AM
I want to understand this slide. I have never rolled around in the back office of a BD before so I it would not be my area of expertise. My question is this: you have the shares held in street name at the DTCC and you have the shares held at each of these BDs and you have a discrepancy between the two. Now I know not all holders (particularly form 13 filing institutional holders) keep their shares in street name, rather they keep them in their own name at their brokerage. Couldnt that explain some of the discrepancy? If I am totally off base let me know. BTW, where in the world did Byrne get those figures of ownership at each brokerage? That wouldnt be easy to come by ....
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By AWS on 3/15/2006 8:39 AM
OK...seems to be working.

I know you want this to be brief, so I'll do my best. I'll add some comments in brackets along the way.

Everyone here is getting worked up about a fundamental misconception about share lending. Go back to the Thompson comments for a moment:


"dtcc: One of the allegations made in some of the lawsuits is that the Stock Borrow program +++counterfeits shares+++, creating many more +++shares+++ than actually exist. True?

Thompson: Absolutely false [and he's right]. Under the Stock Borrow program, NSCC only borrows shares from a lending member if the member actually has the shares on deposit in its account at the DTC [yes] and voluntarily offers them to NSCC [yes]. If the member doesn't have the shares, it can't lend them.[yes]

Once a loan is made, the lent shares are deducted from the lender's DTC account and credited to the DTC account of the member to whom the shares are delivered [yes]. Only one NSCC member can have the shares credited to its DTC account at any one time.[yes]

The assertion that the +++same shares+++ are lent over and over again with +++each+++ new recipient acquiring ownership of the same shares is either an intentional misrepresentation of the SEC-approved system, or a profoundly ignorant characterization of this component of the process of clearing and settling transactions. " [all true]

----

There are not duplicate shares produced, and not every long can lend shares out endlessly. All true.

BUT

With any legal short sale, shares are borrowed from a long (fully settled share owner - guy #1) and re-sold to another buyer (guy #2.) #1 still shows a long in his brokerage account, still faces market price risk in the shares, but does not retain voting rights with his long, as those went out the door when he lent the shares. He has an IOU and guy #2 has the shares, with full voting/lending rights. Another shorter wants to borrow shares, so can he borrow from #1? No. He's lent his shares. But he can borrow from #2 and sell them to #3. #3 can lend to a shorter who sells to #4.

So you get a constant number of "shares" with a growing wake of IOUs in place where former longs lent. If they want to sell out, they will have to relocate shares from somewhere.

So the concept that shares can't be lent more than once is wrong. They can't be lent more than once by a single owner, because once lent, they have an IOU, not shares.

This "system" is flawed in many ways and it makes life very difficult for those trying to take delivery of shares in OSTK at this point in time. We agree on this. BUT, it does account for short interest being greater than float especially with the incredible incentives out there (-20% repo rate) to lend shares if you have shares, not IOUs.

So Patrick has misinterpreted Thompson and is mixing up shares with longs once again. You are furthering the misconception by not clarifying the process here.

I'd rather not double-post on this topic and I know my observations are not appreciated by those who have already connected dots which can't be connected, so if anyone is so inclined, the discussion continues at TMF.

As an aside - interesting PR from the DTCC on Trimbath.

AWS
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By bobo on 3/15/2006 10:57 AM
AWS: Again, we have what "could" explain "some" of what Byrne sees in his stock. Simply replace "could not" for "could" and you have an equally valid statement.

Here's the truth - you have no idea, whatsover, whether your scenario accounts for 1% or 90% of the discrepancy. None. It is a speculation. Nothing more. That's the problem with no transparency in the system - we just don't know what we should.

And it doesn't address that if Securities Entitlements don't have corresponding shares in book-entry form at the DTC, they aren't valid, per the UCC, section 8, which requires a one for one correlation (with the exception of the 0.5% overage allowed by Addendum C).

As to the statement by the DTCC, it is clear that they read this blog, and are trying to discredit Dr. Trimbath - I wonder what they are so afraid of?

Why not just say "the following statements are not true?"

I sense more flop sweat a coming...

Rashoman, the total number at the DTC is represented on slide 23. Look at it. That's including street name. Big problem. AWS seems to feel that having zero shares to validate millions of shares isn't a big deal - I beg to differ. I look at this, and go, wow, the UCC section 8 requires a one for one correlation between shares and share entitlements - and there is none. I then look at a plunging stock price for the last year, and go, huh, that sure explains a lot - we have the brokers essentially printing share entitlements to their heart's content, and nobody is stopping them. Curious.

Byrne probably got those by pulling his nobo and obo lists, his ADP sheets, and his DTC sheets, and doing an analysis. There are people out there that know how to do it.
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By AWS on 3/15/2006 11:59 AM
Bobo-

To keep it short and sweet. Will you please outline for your readers the fact that real shares CAN be lent again and again...unlike, say, your board's peception that they can't...and this IS happening in OSTK, and explains the surplus of shorts vs float.

Any NSS conspiracy information needs to be overlaid on top of what does happen, all the time, in heavily shorted companies of all ilks.

AWS
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By AWS on 3/15/2006 12:14 PM
http://www.law.cornell.edu/ucc/8/article8.htm#s8-511

Bob- When you go down the "Section 8 of the UCC road" you are entering a different part of the problem. That is where judgement calls get made by the dealers as to the availability of a borrow. I have no beef with the statement that the system is broken w/r/t/ OSTK buyers getting shares.

I simply try to stick to what IS happening. Shares ARE being lent over and over despite the difficulty in good locates at this point in time. With shares clearing ex-, and via the DTCC...and lenders blowing out of positions, the FTDs are not surprising.

Slide 24 from yesterday only shows that the dealers are net short to parties outside the DTCC, and the dealers more likely to service instituitional accounts (lenders of shares) have lent the largest amounts. The Japanese house, for example, doesn't have shares segregated to IRAs they service. The rich borrow rates grease the skids nicely for anyone willing to lend.

So the UCC "rules" and RegSho "provisions" are not doing the job. Agreed. But please don't try to interpret that DTCC officials comments to mean anything other than an answer to the question about "counterfeits" and "multiple owners of the same shares." That's not happening.

Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By AWS on 3/15/2006 1:41 PM
Bob-

Sorry, last for me on this thread.

Look at the first 2 columns from slide #24. If these members lent shares ex-clearing to the tune of the "difference" why would that not explain the discrepency?
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By freecode on 3/15/2006 3:39 PM
Awesome work. We have bene watching an ongoing massive manipulation at SCOX for a feew years now, reported same, and many other violations of the law, yet no one has done time (yet). We even had lawyers who were openly bragging about trading on insider information, and one of the most influential hedge fund managers pumping a stock he had purchased and buried in his own personal hedge fund wiht OPM. Other People's Money. Symbol:SCOX. If you want to watch the Sherwin Williams paint in action, it's a place to be on Yahoo!

Have a nice day.

freecode
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By mhatmccane on 3/16/2006 9:19 PM
It is now two days after Dr. Byrne dropped his bomb. Has the SEC requested further information? Have any of the States regulators requested information ? Has this appeared in any newspaper articles ? Did it ever happen ?
Re: Dr. Byrne Drops A Thermonuclear Bomb on Wall Street at the JP Morgan Conference By majordanger on 3/17/2006 8:18 AM
since the NY press has an agenda .. it may be time to call in the "local Yokel TV guy on your side"

Every city has a TV channel with one..The guy that get refunds for lil old ladies with video intimidation.

If Scott with the 14,000 misplaced certificates and all the other people.
puts in a request to get the local video SWAT team on E-trade's desk, the BIGTV GUY in the little pond may see his chance to go national.

Just a thought

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