Well, I’m back in the saddle, and what a week it has been thus far. Where do I start?
Let’s begin with the biggest news for NFI shareholders, and those who have been following that company's apparent abuse at the hands of a cartel of short sellers, and their accomplices. Today, a suit was filed in California court against the B of A Specialist, and the large prime brokers, for naked short selling. Or rather, for unfair business practices, using naked short selling.
This marks the first time in history that a group of shareholders has gone after the brokers, and anyone else they were colluding with, for stock manipulation using naked short selling. This is beyond huge.
You can read the complaint here.
Wow.
What can I say? It’s about frigging time. I say pull all the trading records, and let’s see who was doing all the failing, and on behalf of what clients – and let’s look at the specialist’s behavior, and see if he was making a fair market, or was using his power to drop the price to create massive forced liquidity due to margin calls and panic selling.
Want to bet that this becomes another hard fought case to delay or block any discovery, at all costs?
O’Quinn’s group brought the suit, and it looks to be a major test case – now we get to see whether the prime brokers, who handle most of the trades and thus most of the fails, have been behaving themselves, or have been up to no damn good.
Want to know where my money is bet?
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OSTK’s FTD’s were delivered to Dave Patch under a FOIA request, and guess what? The in-system FTDs – not counting the massive ex-clearing problem (100% of Byrne’s failed trades were ex-clearing, as an example – 50K worth), are now over 10% of OSTK’s total issued shares.
And it gets better. Even as the SEC and the DTCC are proclaiming that SHO is "working", the number has been steadily INCREASING.
Wonder how one defines working?
How about the problem is getting steadily bigger, and now is over 10% of all shares? Is that what they mean?
Want to bet that ex-clearing is 10 times that large, at least?
I bet we don’t read a word about this in the NY press. What else is new…
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In a refreshing burst of news, Mark Cuban is on the record saying that the largely illegal, predatory practice of naked short selling, is, well…..bad. Or wrong. After a year and a half of mocking those who figured that out after about 30 seconds of considering the issue.
Wow.
I am speechless.
What’s next? Murder is bad? Rape is bad? Assault is bad?
How refreshing that we now have some of the big dogs admitting that committing fraud is bad.
I suppose I should be overjoyed. Or something.