I listened with amusement as the Judiciary Committee met today to discuss insider trading.
Comments went from the ludicrously waffling bureaucratic shuffling, to the straightforward. Without belaboring the whole thing, suffice it to say that the closer you got to the folks who are supposed to be upholding the law, the further you got from anyone willing to describe the problem. There was lots of chitty chat about studying, and ascertaining, and monitoring, but nobody wanted to commit to anything more solid than Jello.
The academics, on the other hand, were quick to say, hell yes, it's a big problem - insidious and pervasive.
Now, if we go back 20 years, recall that Milken and Boesky and their network were engaging in huge, multi-faceted insider trading scams of breathtaking scope. Back then insider trading was pervasive. M&A activity was routinely frontrun by everyone on Wall Street with a brokerage account.
And yet our regulators sit in indecision over whether the lion's share of scumbags who were gaming the system then, and who run the system now, are still doing what they've been doing with impunity for 20 years or more.
Huh. That's a tough one. Hmmmmmm. Hmmmmmmmmmm.
I'll go with, they are?
Man oh man are we in trouble, if the regulators are so interested in CYA and protecting Wall Street that they can't even agree that the obvious is true.
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Speaking of dishonest regulators, Dave Patch wrote a great piece on what lying scumbags the SEC are. Specifically how they have been issuing materially false and misleading information to investors as to how SHO is "working" - which I agree colors the quality of investing decisions.
If your regulator lies to you about whether it is safe to go out on the street after dark, and you discover to your dismay that its reports of how safe the neighborhood is are a sham, and you are attacked ten seconds after walking out your door...did that regulator's dishonesty impact your decision to go out? They told you crime had dropped significantly. It wasn't taking your life into your hands to walk the dog. They were doing a good job.
As you slip into unconsciousness, you see the bodies of your neighbors, also beaten and robbed, strewn about the streets.
So the question is, why is Congress letting the SEC lie to the public? Why is that acceptable? Why isn't there a special prosecutor, digging for the name of the individual who ordered the false and misleading data to be disseminated?
Senator Specter, how much more of this do we have to be subjected to?
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The NASD filed against a NV broker for allowing an unidentified party basically sell billions of shares of CMKX through their brokerage.
The charges were brought under the guise of money laundering, or more specifically in the guise of violating anti-money laundering rules.
This is of interest because CMKX has been doing a certificate pull for months now, and there are still thousands of shareholders who can't get certificates for the stock they bought and paid for.
So here's a question. What kind of locate or borrow did this unidentified bad guy have, and why didn't the system stop almost 37% of the company's OS from being sold by scumbags?
Never mind the money laundering. What about the core issue, which is bad guys selling almost 37% of the company's stock, unhindered by any concerns of ever delivering a single share?
Isn't it funny how our regulators are lying to us about the size of the problem, and even when these miscreants are caught and prosecuted, nobody ever really wants to discuss the real offense?
WTF is going on in our markets? And is this just a CYA move by the system, to have a scapegoat for all the undelivered shares of CMKX it is becoming obvious are out there? Give the brokers a chance to say, "Hey, this isn't our fault, it's probably that unidentified bad guy!"
Every day provides yet more ugliness.
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Pegasus Wireless announced they are going to delist voluntarily. That on the surface seems like it would hurt those naked short selling the company.
Not so.
Even with a new CUSIP number, the brokers will just assign their fails the new CUSIP, and go on about their business. So it will accomplish nothing that I can tell.
They should have asked qualified folks about whether that course would be effective.
It won't be.