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Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!!

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Posted by:   bobo 7/12/2006 1:31 PM

Now, to be fair, I went back and listened to Cox's opening statements, and in the shorthand of the Beltway, I believe he was signaling to Wall Street that the party is over, that some heads are going to roll, and that this game is rapidly drawing to a close.

So, to give credit where credit is due, Cox seems to get that this is a serious issue, and was signaling, as did the Senate Judiciary Committee, that those responsible for placing the markets in what could well be significant jeopardy are going to be placed in the crosshairs.

It's about time.

The rest of the hearing was a beltway CYA-fest, where the same weasels that have allowed the system to get into dire straights were trying to pretend that they gave a crap. It didn't work - they clearly don't. Not about investors, not about protecting us, not about level or fair playing fields. So I have mixed feelings, after a few hours to review what was said, and by whom. Cox seems to be sending the signal that he gets it, and that in a few months the door is going to get kicked down, and guys with badges are going to be coming in. The rest of the commissioners were doing their self-congratulatory shmooze fest. What will be interesting is whether Cox can carry the day, and restore some credibility and honor to the system, or whether this is going to be another sound-bite on CNBC, where he talks tough about subpoenas, and then nothing is done.

We won't have long to wait, methinks.

I, personally, am not holding my breath, as I believe that the right way to go after the miscreants is with plaintiff attorneys and discovery. Expose the extent of their misdeeds to a jury and the public, and get ready for the billion dollar judgments, and cries of outrage.

In 1934, following the revelations of the Pecora hearings, the SEC was formed, and chartered with protecting investors from the snake pit that was that era's Wall Street. It took a global depression and financial meltdown to get to the point where a special prosecutor was named, and where a generation got to discover how badly they had been raped by a sliver of NY. That outrage drove the formation of the current regulatory system. Know your history.

I hope that Cox is able to bring a semblance of integrity to the SEC's behavior going forward. He's the new boy at the dance - most of those purporting to be part of the solution are directly responsible for creating the problem they now are so concerned with rectifying. I find it implausible that these people can be depended upon to fix what they helped break. Maybe I will be proved wrong. I doubt it.

 So, given my general pessimism about human nature in general, and the honesty and efficacy of the SEC in particular, I have spent virtually minutes carefully crafting a series of illustrations to animate my take on the hearings.

 

AAA1.GIF

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Copyright ©2006 Bob O'Brien
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Comments (25)
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Cox the Turd Polisher on 7/12/2006 4:31 PM
I 've bean scrubbin and polishin as hard as I could today. How does it look boyz, did I get the job done? Did I get it shiny enuff to fool evrybody or jus a few? Me and my buds Chuck "PorkChop" Schumer and Dick "Hamhock" Shelby decided I better head this off at the pass before someone at the DOJ actually tries to enforce the laws of America. Ya we will sacrifice a few token crooks but the machine is still operating full bore in the fleecing America. Hey did ya see that the Presidents Daddy and Mommy actually attended Ken Lay's funeral today. Goes to show what goes on in Crookland stays in Crookland.Those Bush's loved Kenny Boy because of all of his contributions. So what if he almost destroyed the entire US stock market and destroyed the life savings and jobs of thousands and thousands. All that matters is that the Bush's were happy with Kenny Boy.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By teacheric on 7/12/2006 5:04 PM
Bobo, it seems like your tone changed somewhat sometime after I read Dr. Byrne's comments about the SEC meeting today. Did you happen to talk to Patrick today, and if so, did the discussion help you believe there just might be some good in Cox afterall? Or perhaps maybe you just typed up your reponse too quickly while you were disgusted with the outcome? Just seemed very noticeable.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rickton on 7/12/2006 5:40 PM
It would be a huge mistake to expect anything from these clowns at the SEC. They've been stalling for over a decade, promising change while delivering nothing.

It's insanity to expect a different outcome this time.

Change will only come from the outside. Other than an immediate cover of all outstanding fails, I don't care what rules are passed there, they are too little, too late.

In my dreams, I see regulators and lap dogs escorted to the street in handcuffs as the naked sellers beg for food on the side of the road.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rickton on 7/12/2006 5:45 PM
All the SEC ever does is STALL reform.

http://www.sec.gov/rules/proposed/s72303/s72303typed.htm

"It is now October 30, 2003. Fours years have now past since the SEC went out and sought comments on "Short Selling" problems in our securities markets. What the SEC received in 1999 was some 3000 comment letters with nearly two thirds (2000) of those letters with complaints of "Abusive Naked Short" selling."

Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rtway1 on 7/12/2006 5:48 PM
In almost any form of government there is a warning bell or a chart that signals danger or a number that is unacceptable as in the feds. reading of different indicators to trigger a rate hike or cut or a scent of anthrax in a mail room to evacuate the building. There are indicators everywhere in government to guide these patriots of the people to swing into action at any level from filling soap dispensers to launching missiles. However there is nothing in place to stimulate action by the SEC or the DOJ until all the horses have left the barn. I think the DOJ should be involved in this mess as well as the FBI, and the trigger should have been pulled today to alert them when all these idiots aggreed there was a problem. A financial defense mechanism needs to be put into place to avoid this abortion of our capital markets by the greed of a few. It is too easy to be able to rip off so many, so fast, so obviously without a whistle going off. It is a national disgrace.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rickton on 7/12/2006 5:52 PM
All the SEC ever does is STALL reform.


From 11 years ago:

"The Hearing Panel also found that Fiero violated short selling rules from Jan. 20 through Feb 23, 1995 by failing to make the required affirmative determinations prior to engaging in short sales of the Hanover Sterling stocks. NASD rules restrict "naked" short sales, that is selling a stock short without ensuring that the stock can be borrowed or otherwise provided for by settlement date, also known as an affirmative determination. The Hearing Panel concluded that Fiero was not entitled to the market maker exemption from the affirmative determination rule during the time his firm was registered as a market maker because it was not engaged in bona fide market-making transactions. Fiero manipulated the market for the Hanover securities through his purchases and resale of the extorted stock and his illegal, naked short selling."
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rickton on 7/12/2006 6:02 PM
All the SEC ever does is STALL reform.

A petition from 15 years ago:

"APTC is made up of small cap and mid cap companies. The Association and many of its members have been active engaged over a number of years in the effort to eliminate manipulative schemes involving short sales. Indeed, over the past decade, many of the efforts to address manipulative short sales through regulation, disclosure and enforcement have enjoyed the active support of the Association. In particular, a 1991 SEC concept release on short sales disclosure, No. 34-29278 (the 1991 Release"), was based on a petition for rulemaking filed by APTC. "

http://www.sec.gov/rules/concept/s72499/borders1.htm
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By bobo on 7/12/2006 6:06 PM
Teacher: I went back and paid attention to the Cox intro comments again, after reading Byrne's release. I think it warrants some positive feedback that he appears to be bucking the entrenched old boy's network. That is the reason for my change. I was so disgusted by the later comments I lost sight of the intro...
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Wonder Boy on 7/12/2006 6:40 PM
Cox had a choice---be a regulator or be a politician. I have grown weary of all the talk with absolutely no action----just more discussion.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Niel Storts on 7/12/2006 6:45 PM
Bob. In spite of the fact that all your observations are, as usual, dead on. Today's display of inefficient government workers was a win for our side. Small, yes, BUT the clowns no longer dismiss our concerns with a smirking wave of the hand and references to tin foil hat loonies. This is a victory. I doubt those clowns even realise that they have put themselves in a position that can now require a serious response to our continuing questions/statements regarding the obvious manipulations of the capital markets. Now to pressure all concerned with a continuing onslaught. Having admitted that there is a problem can open the door for all of us to demand that it be cleaned up. Of course there will be the fall back of how they already did blah blah blah. Easily overcome by pointing out that the problem still exists. Opening the door to ex clearing will prove to be the next battle.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By daven on 7/12/2006 6:49 PM
Explanation of the clearing system, based partially on interviews with the CEO of the DTCC.

http://brookings.nap.edu/books/0815711859/html/115.html

Note they talk about moving payment, but don't seem that concerned with moving shares.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By daven on 7/12/2006 7:00 PM
x-clearing description

http://www.sec.gov/rules/sro/sccp/34-49492.pdf
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By daven on 7/12/2006 7:02 PM
x-clearing

http://www.nasdaqtrader.com/Trader/News/2004/headtraderalerts/hta2004-064.stm
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By daven on 7/12/2006 7:05 PM
x-clearing (decosta)

http://www.thesanitycheck.com/Default.aspx?tabid=99&EntryID=80
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Little Bo peep on 7/12/2006 7:43 PM
They are cartoons alright. That made me laugh.

Obi-Wan-Kenobi woke up today huh?

Darth Vader must be NEAR.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Mark Faulk on 7/12/2006 7:52 PM
hahahaha...Bobo used "Cox" and "integrity" in the same sentence. Doesn't he know that that's against SEC regulations?

Cox and integrity.....hahahahaha.....man, I just can't stop laughing. Whew.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By bobo on 7/12/2006 8:54 PM
I do try very hard to keep things light. Glad I could keep the party going. I have indicated I will believe it when I see it, but you have to admit this is the first time in forever that the SEC is acknowledging that the problem is big enough to be a threat to the markets - albeit minimized, per their self-serving spin. "At the margins", as 'twere...
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Long Time Lurker on 7/12/2006 11:42 PM
Gotta Love that Easter Bunny
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Mark Faulk on 7/12/2006 11:54 PM
Sorry, I've been up late writing too many nigts...I just had a "moment."

It won't happen again, but still...Cox/integrity...integrity/Cox, just doesn't flow off of the tongue, does it?
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By rvac106 on 7/12/2006 11:58 PM
Cox used the word 'blight.' That in itself is a step in what we'd consider to be 'our' direction.

Blight:
An extremely adverse environmental condition, such as air pollution.
Something that impairs growth, withers hopes and ambitions, or impedes progress and prosperity

I wonder if that's what he really meant? Could be a good sign, eh?
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By KirbyJF on 7/13/2006 4:22 AM
I agree with the Bunny that everyone was given a warning that the rules are now expected to be followed as per regulations. The Wall Street Whores have had it their way for so long & have been so politacally conected that they are having a hard time belieiving that their party will be ending. It will be interesting to see if the investment banks can make the same amount of $$$ after this has been followed for a year or so. Can you imagine the amount of $$$$ these companies made on the naked shorting on Enron, Worldcom,Adelphia,Williams Communications and other dying companies. As with any thing there are probably loopholes & I suspect we will learn about these post haste. Thanks again to Patrick for leading the charge and the Bunny for providing a forum to talk about this issue.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By hemingway811 on 7/13/2006 5:56 AM
Bob,

<>

If today's media coverage is any indication, you will not be proved wrong. There was an AP article to which Judith Burns contributed. Not a single mainstream newspaper picked it up.


FinancialWire (Investrend) had an article citing an interview with Patrick Byrne. That was to be expected.

The Washington Post, Boston Globe and Chicago Tribune all had articles about the SEC Hearing yesterday. All three chose to selectively report only the first part about "soft money" and nothing else. Wow, what a coincidence.

So, the SEC Hearing about abusive short selling and eliminating the grandfather clause was a non event.

I expect nothing much to change, especially since the MM exemption is going to be left intact.

Patrick Byrne's comments left me scratching my head. The reference to Christopher Cox's leadership and the courage of the SEC in addressing this problem struck me as somewhat tongue in cheek.
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Little Bo peep on 7/13/2006 6:10 AM

http://www.theglobeandmail.com/servlet/story/LAC.20060713.RBLACK13/TPStory/Business
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Little Bo peep on 7/13/2006 8:02 AM
How does this make you feel?
Anyone know the profit that was gained verses the fine?
Admit no guilt or wrong doing...Just tell me how much I owe you officer. Okay, here you go. As he zooms off 90mph in a 35mph zone.

http://biz.yahoo.com/ap/060713/gabelli_fraud.html?.v=3
Re: Bobo's Simplified Translation of the SEC Hearing on Reg SHO - With Cartoons!!! By Granny on 7/13/2006 8:34 AM
x-clearing aka filling the gap

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