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New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 1/24/2007 1:23 PM

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Sign the Market Reform Petition Now!: View it here. Over 3000 folks already have. Make your voice heard.

To view the SIA NYSE member firm spreadsheet showing $63 billion in delivery and receipt failures as of Q2, 2006, click here.

Visit the new "SEC/Gary Aguirre Cover-Up" section of this site for a compilation of Mr. Aguirre's efforts to expose the SEC's alleged obstruction of justice and whitewashing of insider trading by some of the biggest names on Wall Street.

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Arizona introduced a new bill that would require brokers to report the level of FTDs in that state's issuers, or face sanctions. Like the now-pulled VA bill, it requires no new reporting, but rather copying the state securities regulator on current reporting.

And the SEC is apparently already howling and trying to squash it. Informed sources indicate that calls have already gone out to try to get it pulled. So the question is why would the securities regulator chartered with protecting investors be so against transparency for the industry?

Fair question, huh?

Could it be because they have been co-opted, and are now a mouthpiece for Wall Street special interests? That's the only explanation that consistently explains and predicts their behavior to date. They have now been "considering" eliminating the grandfathering provision, and limiting the options MM exception, for 6 months, and even as investors are ruined from naked shorting, they continue to consider.

What is there to consider, really? The 1934 Act makes all failure to deliver against the rules. It requires prompt clearance and settlement.

What's not to get?

The US Chamber of Commerce certainly gets it. This letter is short and to the point. Establish transparency, and require shorts to have to report their short positions, just as longs must. That way we would know if one or two miscreant scumbags are 95% of the short position, in, say, NFI, as well as knowing whether the price has declined 30% due to industry jitters, or a massive coordinated increase in FTDs, designed solely to shake loose shares and damage the company's PPS.

Of course, the industry is against anything that would rein in its riding roughshod over investors. Knowledge is not its friend.

But you know what is? Fun euphemisms, that soften ugly issues like deliberate and systematic stock manipulation, wherein companies and investors are defrauded. An example? This article a well-regarded service is a perfect one, where brokers fined for naked short selling are referred to as "Careless." 

Here's a copy of the headline:

"Long Month for Careless Short Sellers"

So, they aren't manipulative miscreants violating NSS rules and selling with unbridled aggression, abusing the MM exemption, or in most cases, just selling shares they didn't have and which didn't exist, solely to destroy the share price of their victim targets. No, they are "careless", as in, "oops, my bad, I spilled some coffee."

That is like referring to child molesters and statutory rapists as "careless" in verifying the age of their dates.

Fortunately, on Wall Street, nobody has to admit to anything - they merely pay a few dimes and go right on doing whatever they are doing. Investors never see their money back, the bad guys get away with it, and the SROs vainly try to look like they are doing something other than holding the door of the getaway car for Wall Street's biggest crooks.

And folks wonder why I'm writing fewer of these blogs. What more is there left to say, that I haven't, in the last few years? I mean, really, what more needs to be said? The US is losing business as its markets are understood far and wide as hopelessly corrupt, the regulators are worse than the most compromised 1920s Chicago cop, and investors are routinely robbed while politicians and lawmakers smile and stuff their pockets with Wall Street cash.

It is interesting that, as in AZ, there are a few lawmakers who aren't bought and paid for by Wall Street's corrupt elite. Wonder how long it will take to get to them?

Copyright ©2007 Bob O'Brien
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Comments (20)
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Careless Scumbags on 1/24/2007 4:22 PM
I think they meant careless in that the got caught for not covering their fraud carefully enough!

Wall street and the SEC are the SCUMBAGS of the world. Nothing but crooks out to steal your money anyway they can and if those that work at the SEC don't toe the crooked line they will fire their asses.

Those SCUMBAGS have balls to try and get the states to toe their crooked line and SCREW all the investors. To hell with the crooked SEC! To hell with them!
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By piddly_sum on 1/24/2007 3:53 PM
This SB 1217 is even better then the original Arizona HB 2389: instead of a $5000 penalty, it is "The sum of the sales price for each securities share in the subject trade that was not delivered or received in settlement."

I don't see where the penalties only apply to FTDs of AZ issuers, or is that just assumed jurisdiction-wise? Looks like they just duplicate reporting to the state's commission.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By hedgie on 1/24/2007 4:34 PM
This month's pipe report says Annette Nazareth now supports cracking down on naked shorting.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By olfeller on 1/24/2007 5:26 PM
I see the fed has decided pennies should be worth a nickle. That`s cool my pennybank is a 5bagger now. I wonder why they stopped telling us how many dollars they are printing? Guess I`ll go to the bank and ask to have all my money in pennies.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By browntrout on 1/24/2007 5:34 PM
Hedgie- Does cracking down mean the SEC will study the grandfather clause for five more years? The grandfather clause that no one outside of the industry was allowed to comment on? Is she willing to admit that Reg Sho was designed to scalp investors and companies, remains a fraud and will always be a fraud no matter how many games the SEC plays with amending it.

Will she finally retract her famous misstatement of saying that investors are just mad because their stocks went down?

Annette Nazareth does not belong at the SEC. If she cares about naked shorting now she should resign and let someone who knows what they are doing take her place. Time for the "good ole boys and gals" network to take a break and appoint competent law abiding citizens instead of their husbands, wives and friends.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By n-tres-ted on 1/24/2007 8:40 PM
Hot dog, Bobo!! That is a terrific letter from the USCoC. Their two "add-ons" to the proposed Reg SHO amendments are outstanding! Daily reports of FTD aggregates on every issue on the threshold list, and 13f reports to the SEC on short positions, just as if they were longs. And do it immediately!!! I think that letter may be a really important step in overcoming the denial of Wall Street in other objective forums, including Congress and state legislatures. Thanks a lot for the timely report on it.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By clearthinker on 1/24/2007 9:41 PM
IMO, The repeal of the grandfather will NOT impact the ex-clearing fails. We need complete transparency now....the DTCC fails wil just be moved broker to broker....
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Thieves, Theives I say on 1/25/2007 4:25 AM
Every delaying tactic the SEC does is to benefit Wall Street and scew the individual investor.

Now they are giving their crooked cohorts time to move the naked short X- clearing, broker to broker or any other way to hide the fraud. Just ask the Aguirre 5 how they do it.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By wallstreetcrooks on 1/25/2007 5:19 AM
Will hedge funds rule the world?

Hedge fund money is emerging as a force in politics. Executives at the 30 largest hedge funds contributed $2.8 million to campaigns and political parties in 2006, more than double the amount in 2000. Hedge-fund tycoons are already promising to write checks to the presidential campaigns of Hillary Clinton and Rudy Giuliani, and to help the candidates raise more money by hitting up friends in the financial world. "Are hedge fund guys going to be happy with their art collections and their houses in Greenwich," said investment strategist Byron Wien of Pequot Capital, "or are they going to take the next step?" (The New York Times, free registration required)
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Mad as heck on 1/25/2007 5:32 AM
The deck has been consistantly stacked against us. Outraged that thia blatent fraud is happening right in front of us, and the media and rugulators turn a blind eye. Need a catalyst to bring this to the american public. BBurrell mentioned something of a Tsunami. There are states jumping in (finally), and theCivil suit moves to discovery. Eventually, this needs to become a big story for the bought media to cover.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By United States of Enron on 1/25/2007 6:34 AM
Can you imagine the phone call media will have to make to the Hedge Fundies when the tide of events reaches the point where the Media can no longer stridently ignore the efforts of the many to uncover the crimes of the few.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Earmark this on 1/25/2007 7:08 AM
Where are the headlines and the list of liars that bribed and paid for shit that was not approved. Covered up like the secret board members of rotten thugs? Did I miss that negative headline?
oh, yes, I remember now the media prints what the sheep are allowed to know. Forget what is important. Trust us.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By SteveM on 1/25/2007 7:46 AM

In an attempt to stop the rampant crime spree by sexual predators continually violating the females in our population, the Sexual Encounters Commission (SEC) has implemented "Regs Ho" -- a list naming the victoms of such crimes. It is hoped, that by listing the names and addresses of the women who are repeatedly violated in this brutal mannor, others may see that these women may not be particularly attractive dating prospects.

The list will be published after a threshold number of rapes have been commited over a five day period.

When it was pointed out that the Regulation has not stopped the repeated rapes from increasing in number, Annette Nazareth, SEC Director of Market Regulation refered to the critics as, "people who are just upset their bitches didn't go down."
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Wikipedia a joke on 1/25/2007 8:23 AM
Wikipedia another media cluster F___!


http://news.com.com/2061-11199_3-6152813.html?

part=rss&tag=2547-1_3-0-5&subj=news
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By another good corporate leader on 1/25/2007 1:35 PM
NEW YORK (Reuters) - U.S. authorities arrested a former treasurer of media conglomerate NBC Universal on charges of stealing more than $800,000 to finance private jet flights, expensive liquor and a vacation home, according to a U.S. attorney's statement on Thursday.
Victor Jung, 34, the former treasurer, is charged in the indictment with two counts of wire fraud and could face a maximum jail sentence of 20 years and a fine of $250,000, according to the statement from the office of the U.S. Attorney for the Southern District of New York.




http://today.reuters.com/news/articlebusiness.aspx?

type=ousiv&storyID=2007-01-25T191145Z_01_N25398285_RT

RIDST_0_BUSINESSPRO-NBCUNIVERSAL-ARREST-

DC.XML&from=business
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Tell her on 1/25/2007 7:09 PM
Uh Oh.
Crammers Buddy Vernon Hill CEO of Commerce Bank in trouble.

http://www.nypost.com/seven/01182007/business/what_the_hill_is_going_on_at_commerce_bank__business_john_crudele.htm
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Sean on 1/25/2007 7:42 PM
Here we go!!


In the limelight: A form of short selling is controversial



By RANA ROSEN
Patriot Ledger Washington Bureau

A tense debate continues among companies nationwide over whether the government should crack down on a stock market trading practice known as naked short selling.

The practice involves selling shares of stock to make a profit on their possible loss, without actually having the shares ready for delivery.

At least two Boston-based companies, First Marblehead and Satcon Technology Corp., have been put in the spotlight as a consequence of the Securities and Exchange Commission’s regulation of abusive naked shorting. The SEC is considering additional rules to curb this trading technique.

Market overseers keep tabs on the trading of specific company stocks and put out daily reports on failed stock deliveries.

Short selling itself is not illegal; it’s just another way to make money on the stock market. For example, a short-seller guessing that a stock price will go down could borrow stock from a broker, and then sell it to another buyer for $10. If the stock falls by $2 that day, the short-seller can buy the borrowed stock at $8 and it is delivered back to the original broker. The short-seller, in this case, just made a $2 profit, minus any trading expenses.

But traders must borrow a stock - or determine that it can be borrowed - before they sell it short. Some professional investors take advantage of trading rule loopholes to sell shares without even making an attempt to borrow the stock.

A naked short-seller becomes a criminal if there is the intention to manipulate the stock market by, for example, selling stocks that are never delivered in order to force down a company’s stock price.

Patrick Byrne, CEO of Overstock.com, said this manipulation can destroy companies. He has been trying to draw public attention to this issue since it affected his company, a Salt Lake City-based online retailer.

‘‘No one can go into a hospital’s pneumonia ward, smother whoever they want to, take their money in the nightstand, then leave saying, ‘Oh they were going to die anyway,’’’ Byrne said.

In January 2005, the Securities and Exchange Commission put in place Regulation SHO, which among other things mandates that markets report on companies that are unwittingly affected by naked short selling. The rule also requires large-volume Wall Street traders to try to put a stop to it, requiring them to buy and deliver the shares if the stock wasn’t delivered by the short-seller within 13 days. .

The SEC is considering whether to expand Regulation SHO, which already covers other potential abuses related to short selling.

Byrne of Overstock.com said abusive naked shorting happens more than some industry insiders want to acknowledge.

‘‘I don’t know an entrepreneur that doesn’t know about this,’’ he said. ‘‘They all understand that the game is rigged.’’

Satcon Technology Corp., a South Boston electrical products company, saw its stock price drop from a high in May of about $3 to about $1 today after a pattern of naked short selling.

First Marblehead, an outsourcing firm for private-education lenders, appeared on the Regulation SHO list and was named by Forbes magazine last summer as a target for short-sellers. Forbes wrote that short-sellers knocked down the financial company’s stock from $55 in January 2005 to less than $21 in October. The stock is now trading at around $53 a share.

Henry Hu, a professor of corporate law at the University of Texas Law School, said company executives often complain about legal short selling when their stock prices decrease for any of a number of reasons.

‘‘People like short-sellers provide a valuable social function,’’ Hu said. ‘‘They help set an appropriate price for the shares (because) there is a bias in favor of pushing stocks up.’’

He said there are already adequate laws that prohibit stock price manipulation.

Said SEC Commissioner Roel Campos, ‘‘Short sale regulation has been, is and will continue to be an issue where agreement is difficult to find. All experts, including our own economists, are convinced that short selling provides the marketplace with liquidity and pricing efficiency. However, it must be realized that shorting can be misused for manipulative conduct, as with any trading strategy.’’

Hundreds of individuals and organizations -- recently gave the SEC their opinions on its recent proposal to broaden the reach of Regulation SHO.

The Boston Options Exchange filed a letter opposing one of the changes, saying that ‘‘it is important to remember that short selling serves a legitimate purpose and is not inherently abusive.’’

But an anonymous professional trader from Boston urged the SEC to do more, writing: ‘‘We have rules about short selling and borrowing shares prior to shorting, and we have a system to detect those who are clearly not following these rules, yet the consequences for breaking these rules are nil.’’

Copyright 2007 The Patriot Ledger
Transmitted Wednesday, January 24, 2007


http://ledger.southofboston.com/articles/2007/01/24/business/biz03.txt
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By mhatmccane on 1/25/2007 7:43 PM
Bobo,

Thank you for this and continued Blogs. Your continued efforts do make a difference.
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By Sean on 1/25/2007 8:00 PM
After reading the above article I wonder if Boston would do what Utah and Arizona did and if not why?
Re: New AZ Bill Submitted, US Chamber Of Commerce Letter To SEC, and Laughable Industry Euphemisms By piddly_sum on 1/26/2007 8:17 AM
I don't see why every state wouldn't want to pass laws with penalities like Arizona's value of the trade clause.

We know there is a minimum of $63 billion out there to be harvested. Well that is over a billion per state with plenty more whete that comes from, which state wouldn't want to ride that gravy train?

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