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Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known

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Posted by:   bobo 7/18/2007 3:46 AM

My summer hiatus has been briefly punctuated due to a freak accident involving a Chinese acrobatic troop, a midget named Gomez, a pirated copy of "March of the Penguins", and a case of 50 weight motor oil. I won't bore you with the details, however trust me when I say that it looks worse than it feels. All things being equal, however, I'm laid low for a few days, so decided to turn on the 'puter and see what's up.

And lo, it was as though, with the strength of 20 CEOs, that Dr. Patrick Byrne did smite the infidels and bring unto them the wrath of the heavens.

Or more specifically, the prime brokers lost their shuck and jive attempts to block discovery in the OSTK case, which accuses them of propagating a counterfeiting scheme in the company's stock. So now as I understand it, the prime brokers will have the opportunity to demonstrate that all the ugly rumors accusing them of acting as a racketeering cartel are hogwash, and that they are as innocent as newborn lambs, and that Patrick is a certifiable loon with a bad attitude and a case of the howling fantods.

Unless, of course, his allegations are true, in which case a complete collapse of confidence in the system, and our regulators, would not be unwarranted.

Because if true, the prime brokers have bastardized the system, and converted it from an auction market for goods (equity securities) to a confidence scheme wherein they take your money and simply lie to you about delivering anything. A con game. A lie.

That they do so in order to help their hedge fund choagie co-racketeers is immaterial. That it destroys the price of targeted victim companies is not the show stopper. What is significant is that if true, the entire conceit of prices being a function of supply and demand is a sham. Which means anyone "investing" is also being robbed, by lying liars and the lies they tell, as there is no linkage between your cash, and really, anything.

There oughtta be a law. Oh, that's right, there is, it's just that the regulators are suck ups who long ago sold the investor down the river so that the big banks who run wall street can rob the country blind.

That about covers it. Now all should be known, and I'm quite sure that the prime brokers will be shown to be newborns, innocent of any wrongdoing, driven snow, as 'twere.

Or maybe, like Rocker, they will hire a specialist in criminal defense for their counsel, you know...just because.

My typing finger is strained, and I've been advised to rest, so must sign off, however this has got to be the single most fascinating example yet of an entire system of thievery, exposed by a single persistent American hero.

With a little help from the easter bunny. Who has also been called a loon and a nut by the same group of innocents. Funny, that.

Copyright ©2007 Bob O'Brien
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Comments (38)
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Smidge on 7/18/2007 9:48 AM
My most fervent hope is that this case gets it's day in court, a empaneled jury gets to sit and hear the evidence, and a deal never chokes off the flow of information. I don't think Patrick Byrne went through all this crapola just to make a deal. But somehow, like in the movies, my gut just keeps telling me that the big ones get away free. Say it ain't so, Joe Palooka! We need a precedent-setting case for all the other possible cases out there just waiting in the wings for their day in court.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By particleswaves on 7/22/2007 8:52 AM
"My summer hiatus has been briefly punctuated due to a freak accident involving a Chinese acrobatic troop, a midget named Gomez, a pirated copy of "March of the Penguins", and a case of 50 weight motor oil. I won't bore you with the details..."

Too funny...sounds like the opening to a Tom Robbins novel; please, bore us with the details.

As for the Byrne "victory"...it's delovely. I'm permitting myself a small smile.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By EddieHaskell on 7/20/2007 7:54 AM
Bob,

Why did Mark Faulk and David Patch stop blogging on thesanitycheck?

Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/20/2007 7:56 AM
Eddie? Don't know. Send them an email and ask. I suspect it is because they are really buried and busy - I know that Mark is swamped with his new network. Maybe they suddenly hate my guts, or yours, or feel that this site is the work of the deevil.

Sorry I don't know more. Nobody tells me anything...
Tell it to the judge and see what he says... By Doncha Lovit on 7/20/2007 9:40 AM
"For example, Gradient
characterizes one of its reports as a disagreement between Gradient analysts and
Overstock management about how to interpret the change in Overstock’s revenue
recognition policy, which amounted to a technical issue for which there was no right
or wrong answer. Gradient is wrong. There is a right or wrong answer to whether in
multiple reports Gradient made false statements of fact that are objectively verifiable
and provably false, for example, that Overstock’s accounting violated GAAP, with
the implication that Overstock falsified its financials to mislead investors. That is
what this lawsuit is all about."

What is the best way to exterminate rats? Poison? Traps?.... Nah... let them devour each other. One can be the first to get a criminal attorney to negotiate the best terms with the DOJ. Rather than shredding files, likely this guy is collecting things to turn state's evidence. With the amount of money at stake, the risk is not going to jail, it is living long enough to go to jail.

Wonder how many of the hedge fund investors are exiting the fund or are they listening to the "meritless" presentation.. and the "countersuit" jargon?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By ted on 7/21/2007 9:11 PM
Bobo, I think many readers click on the "Bob's Sanity Check Blog" rather than the more general "Blogs". I believe that's why the other bloggers like Dave Patch don't get as many comments.

You should just have the general blog link to make sure everyone sees all the blog posts.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/21/2007 9:12 PM
bruce - Funny and sad at the same time. And so much like a three shell game. Mesmerising in that "how did he dothat ?"
-------------------
Bobo - a question for you on "how do they do that?" Say a company that has been on the threshold list for years decides to do a couple of things (1) a reverse split and (2) issue their required dividend payment in Preferred series E shares. I can see that the RS will have no effect on the amount of NSS. Its just a paper/numbers change. Perhaps will give the shorts a higher level to work with but thats about all. The real problem for the NSSers seems to be with the requirement to pay the dividend in Series E rather than cash as PIL as they have done in the past. It seems that perhaps this "must pay div in series E" will finally cause the NSSers to have to close their positions. Is that correct or is there another way they can get around that ?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/21/2007 9:18 PM
Captdale: If anyone had asked me before doing something like that, I would have told them that the brokers will just create endless preferred E in the CUSIP system. The ONLY way that would work is if the preferred was NON-CUSIP - meaning that the DTCC doesn't have the right to hypothecate it, which is the fun term used by wall street for put it into the counterfeiting system. If it was non-CUSIP, anyone failing to receive their preferred E directly from the company or transfer agent would have grounds to sue their broker - they didn't get the dividend. Alternatively, Wall Street would have to counterfeit actual paper certs and send those to their clients - unlikely. My hunch is they would try to just lie their way through it, and then fall back on the arbitration clause in the brokerage statement - unless of course the company then sued the brokers for failing to deliver the preferred to the company's shareholders. That would be a good cause of action, however then there would be the question of damages.

The net net is that Wall Street would be forced to either cover, refuse to deliver the preferred to their customers, or lie. I'd guess choice C would be the road most would take. And the suit would just be a cost of doing business.

But if the preferred E is CUSIP, it's just as easy as turning on the electric printing press and creating electronic IOUs ledgered into shareholder accounts, marked, preferred E.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By stryker-ny on 7/22/2007 7:39 AM
Bobo...Can't the brokers just hedge their bets by going long in a cover.They make money either way..no...tia
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Bruce Thompson on 7/22/2007 7:40 AM
Podcast of Senator Bennett's speech on naked short selling.

http://www.everyzing.com/viewMedia.jsp?index=4&start=0&mc=en-all&il=en&col=en-all-public-ep&q=trading+or+stock&res=14711810&num=10&filter=1&match=query,channel&dedupe=1&y=0&channel=41&x=0&e=7909995
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By SF Architect on 7/22/2007 8:08 PM
Being involved in the NFI shareholder lawsuit against Wall Street brokers, I was very pleased to see the Houston attorneys file both the OSTK and NFI suits here in California. I am a San Francisco resident and I think I already know how the prospect of massive fraud on the part of Wall Street vs small retail investors will play to a local jury.

Not very well . . .at all. . . .

In fact, I can't think of a better court venue than here in SF as the average San Franciscan, and Californian in general, will, probably, completely and enthusiastically empathize with a well presented and documented case by the attorneys for the harmed investors, and bring in the correct verdicts plus the most severe punitive damages, when applicable, in both cases, after a fairly brief deliberation..
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/22/2007 8:13 PM
SF Architect: The absolutely number one rule of any securities attorney is, never get to court. The reason is that things don't go well for Wall Street when an unbiased jury gets to hear the facts. Hence the arbitration clause, and the absolute secrecy with which the true facts of most cases are treated, and the never admitting or denying guilt. Wall Street knows that the only group more despised by the average working american than big tobacco is them, and they aren't anxious to have a jury hear about what they've been up to. The NFI brokers suit, and the later OSTK brokers suit, are the right cases against the right plaintiffs, at the right time. I can't really imagine a more damaging pair of cases to the large banks. And if NFI is brought in via a derivative action, which you can bet on, that too will be a billion dollar case versus a few mil.

I say, let the games begin. I like your odds on this one.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Azkole on 7/22/2007 10:02 PM
Bobo,

What do you mean NFI brought in via a derivative action?

Do you think the NFI case will be settled out of court before OSTK? What kind of damages?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/22/2007 10:10 PM
Just a speculation, however if I was an attorney looking to get my damage model into the big elephant range, there is only one way to do so on the NFI case. Look up the term derivative action, where the corporation becomes one of the damaged parties, willingly or not. If the bad guys did what is claimed, who is not more harmed than the corporation itself? It had to issue shares at steep discounts, time and time again, after the manipulation started - should be an easy matter to simply take the number of shares over the OC, and calculate a pretty damned large damage number, especially if there are many multiples of the OC trading. Even now, every few days, we see half a million "bullets" being swapped back and forth via the options markets. Cannot WAIT for a jury to hear it all. My hunch is that the bad guys have exactly the opposite sentiment. Time will tell.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By davidn on 7/18/2007 6:03 PM
Repost:

In Dave's last article, he mused about why the SEC discloses fails in percentage dollar value instead of percentage of trades.

I think the answer is that they include debt securities (which usually don't fail to deliver). If you divide the much smaller dollar value of the fails in equity securities by the huge dollar volume of debt securities you get a tiny percentage.

If they were to disclose the PERCENTAGE OF EQUITY TRADES that fail, it would probably be a large percentage, even with all the netting.

Why would they ever throw debt securities into the mix when they have nothing to do with what we are talking about?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By davidn on 7/18/2007 6:04 PM
Kudos to Patrick.

The heart of the case in my humble opinion is that the prime brokerages somehow lost site that they were brokering transactions and that they didn't own the asset. The asset doesn't belong to them and to act otherwise is a form of theft.

It's only obviously ridiculous when applied to another example:

1. A real estate brokerage brokers the sale of a house and gets the commission from the seller.

2. The seller gives them the title certificate, but rather than register it in the name of the buyer, they register it in their own name, then send the buyer a statement that they owe them a title certificate with some unknown future delivery.

3. They lend out claims on the title registered in the name of the brokerage to sellers who sell the claims again and again, in each case sending the buyer a claim on the title rather than the actual title.

In this situation, you'd end up with several families trying to move into the same house. In our situation, you have several investors trying to get the same stock certificate from their brokerage.

In both cases, the value of the asset class would be driven down by the extra supply.

It seems absolutely ridiculous that Cede & Co., which is the actual registered owner of all electronic shares has unknown jurisdiction, pedigree and owners. It is not part of the DTCC or it would show up in their financial statements.

We've been working our way up the food chain and are combating the prime brokerages that net with each other via repos where they treat a dollar of pinksheetcrapco the same as a dollar of Google, but to me the man behind the curtain is at the level of Cede & Co.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/18/2007 6:05 PM
Because if true, the prime brokers have bastardized the system, and converted it from an auction market for goods (equity securities) to a confidence scheme wherein they take your money and simply lie to you about delivering anything. A con game. A lie.

---------------------------
Welcome back. I was starting to get withdrawal symptoms :) Anyway, I am so damn proud of Patrick. And you too. Long time coming. Along with Ostk, NFI has also put the screws to the NSSers and FTD's with their PFD and reverse split deal. Its getting down right "Down and Dirty Ugly" and the miscreants are pulling out all the stops. As expected. Welcome back. Interesting next two months to be sure.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/18/2007 6:05 PM
I don't think Patrick Byrne went through all this crapola just to make a deal.
-------------
I do not believe that Dr. Patrick Byrne can be bought for any price. I believe with him its not about the money.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By n-tres-ted on 7/18/2007 3:39 PM
Bobo,

Rest that finger, and let us hear from you again when it is able.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By mhelburn on 7/18/2007 10:30 PM
Do indeed rest that finger... one never knows when one will need it.

Loved the contention by the primes' lawyer... It must be a worthless suit because two board members resigned. They have the right to resign if they think it might make them liable for damages should the worm turn the wrong way. Geez, Louise, the judge didn't think it was meritless... and this is suit number two on the subject....

Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Alan Degracia on 7/18/2007 10:33 PM
Welcome back Bobo, enjoy your walkabout. I hope to here more from you in the future.

Captdale,
I agree that Patrick wil not make a deal and will surely make the point.

Alan
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By rtway on 7/18/2007 10:33 PM
I am hoping that it ain't your middle finger. I figure you are saving that one for GW and the puppets.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/18/2007 10:44 PM
Invariably in all scams there are a certain number of folks who get it. My fear is that the folks who own the banking system and by extension Wall Street will try the gambit of crashing the system to take the nation's eye off the fact that trillions were stolen by the one and the same. If correct, we would see the sort of argument that, yes, mistakes were made, and larceny briefly ruled the roost, but for the good of the nation we must now put these trifles aside, and press on to the future, as we are faced with an emergency (financial collapse, contrived terrorist event, threatening dark skinned enemy nations, the enemy within, drugs, crime, spiraling energy costs, etc.) and can't afford to dilute the focus of our great nation.

The only way to make one's crimes, when caught red handed, seem trivial, is to contrive a greater state of emergency where past crimes pale compared to current calamity.

That's my bet once they are exposed. Make a bigger stinky. Compared to sewage flooding the streets, ripping off a few trillion will seem like a poot in the elevator.

I can see it now. "Yes, there were bad things done. Yes, there were a few bad men. But it wasn't the whole system. It was isolated. And besides, even if not, we are all stronger and better for it (them) and it's now time to move into the future, not dwell in the unfortunate past (translation: we won't give any of your stolen money back, dumbshits).

Anyone who has studied history will recognize this trend. It's always the same. Big power and money takes all, and then confesses (sort of) while keeping the spoils, and telling you that THIS TIME it really will be different.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/19/2007 12:02 PM
bobo - Now that is really the jist of the whole thing. You forgot to mention hilton and viagra, when a diet pill can be worth $100 and let us not forget Michael J. Should we warn Martha that they may be after her again ? And the bottom line:
we won't give any of your stolen money back, dumbshits. And your statement that: My fear is that the folks who own the banking system and by extension Wall Street will try the gambit of crashing the system to take the nation's eye off the fact that trillions were stolen by the one and the same. And they haven't made a "crisis" out of the subprime market already ? In comparison to the bonus's given this past year, the money it would take to crash part of the system and "make amends" is really chump change.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/19/2007 12:03 PM
Hi bobo - I asked Bud this same question and now I will ask you. Patrick Byrne said in a statement Wednesday: "The battle to clean up Wall Street is only going to be won when it is brought to a jury of 12 Americans."
------------------
I also believe that is the way to do it. Bobo - why have you and Bud not done that ? A simple answer will be fine.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By browntrout on 7/19/2007 12:04 PM
Bobo - Do I sense an epiphany concerning the reality of our marketplace and financial system? Why....what you are saying is just plain wacko. We need to schedule some appointments for you for electro-shock therapy paid for by your friendly and caring Federal Reserve.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By tmg on 7/19/2007 12:05 PM
bobo,
the scenario you suggest is very plausible. Would they use the opportunity of this distraction to buy in the OSTK and all the other FTDs, figuring it has to be done and hoping to do it at a lower price? They can crash asset values across the boards, but not sure how well this will work for them if they are actually trying to buy back these specific ones. And in Overstock's case, it looks like many of these will not be for sale since the Byrnes have so many locked up. After all, they don't want to exit this crisis will all the FTDs hanging around still right?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By cobra on 7/19/2007 12:06 PM
Wow! Bobo i think you hit the nail on the head.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By rtway on 7/19/2007 12:07 PM
Not that I consider myself as astute as you, my thinking was a carbon copy of what you have stated. The pols have got this down to a science almost to the point where they will convince the public that it was the publics fault that they allowed these people to get away with it by not being more vocal and they will have the media to blame it on for not being more astute. They no that humans have the memory retention of a gnat and that a year from now this will all be a vapor unless someone like Patrick and Dave, yourself, mark and all the others who follow this keep it in the public eye and ear.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Tilly on 7/19/2007 12:08 PM
Low hurdle to get into court, a lot tougher when you have to actually do more than assert some offense. I'd put my money on the primes prevailing.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/19/2007 12:15 PM
captdale: Is the question, "Why haven't you and Bud brought a suit that will require tens of millions of dollars to take to the finish line against wall street?" I would think the answer would be sort of self-evident.

Tilly? Opinions are like, well, you know. Big tobacco also felt that way, rather smugly, against the same group of attorneys. That didn't go so well for them, did it? Do you have some special knowledge of whether the prime brokers actually have generated millions of phantom shares, effectively destroying the auction market and rules of supply and demand, for OSTK shares, or are you simply saying that you would put your money on the primes prevailing, you know, just because?

Just as in the Rocker case, where they are trying everything to avoid going in front of a jury and where the main player has now retained a criminal defense attorney as his counsel, I always wonder why the "innocent" are fighting harder than cornered rats to avoid the light of scrutiny? Just a thought - maybe the prime brokers are guilty as charged, and maybe they know it, and all they have now is their pet choagie message board posters and captive media hacks to whistle past the graveyard for them, while they connive a way to profit from the oncoming train of revelation?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bbhindyou on 7/19/2007 10:29 PM
I'll listen for news on the radio or on the stations I will sill get without paying for them.
I am not giving the cable or internet providers another dime till they start covering the real news not just pumping lies and propaganda.
If this does do any real damage to the powers that be I'm sure I wont need to have acess to the internet to hear about it there will be a loud howling and knashing of teeth no one will be able to avoid hearing.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By kevin on 7/19/2007 10:30 PM
Tilly misses the point. It's not about whether Patrick wins or loses. It's about whether Patrick gets to crawl into Wallstreet's attic with a flashlight (discovery) and tell Joe Sixpack what he found.

One way that the primes could lessen their loss is to bet the other way on a big bull market as everyone covers. There is a lot of "doom and gloom" in the mainstream press and put / call ratio is really negative. The market tends to do the exact opposite of what most retailers think and the pros seem to be betting on a big move up.

That would be reasonable if they decide to deal with even a fraction of the problem.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By oldfeller on 7/19/2007 10:31 PM
Bobo of course you are correct about the coming excuses and whatnot. Also I expect we will see the real reason for the current lax immigration policies: the return of the military draft. It`s like watching a movie in slow motion when you know the ending in advance.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Patchie on 7/19/2007 10:31 PM
Bob...It is clear the understanding of what this ruling means has not yet sunk in. This ruling sets precedent for future cases, it provides for discovery into that black box Wall Street has long protected, and it suddenly puts Wall Street at ease because their jury is no longer captured by the defendants.

People should be dancing in the streets on this news as it is the plug has been pulled out of the dike and the Walls are about to come tumbling down under the pressure. A near decade of efforts finally brought a major win.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By captdale on 7/19/2007 10:32 PM
bobo - No bash intended, just an honest question from one that had not a clue. well you see, thats the thing. I had no idea what such a suit would cost but was ready and willing to put my measly little bit into the effort. Now I know. I would have thought that some of the lawyers , knowing it looks like it could be won, would take it on for a cut of the proceeds. And we are talking billions here. Oh well. I do most sincerely wish the best for Patrick. In the meantime welcome back.
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By bobo on 7/19/2007 10:41 PM
Captdale: That's the rub. Attorneys like low hanging fruit. Very few have the bucks to go toe to toe with the guys who print money, as they know they will be facing jetfulls of the top attorneys in the country, who will bury them in paper, for years, if the bad guys think their opposition can't handle the flow. Attorneys like O'Quinn are accustomed to that scale, hence their participation. But I can't think of many others who would do it - not too many billionaire attorneys want to piss off the financial folks who run the country. You or I trying to sue wouldn't stand a chance in hell.

Oldfeller: Yup, that, and needing to increase the tax base to suck in new payers as the baby boomers retire. All Ponzi schemes require new meat.

Kevin I suspect it is way more damaging than you think, as if there is a criminal proceeding resulting from the revelations of this action, then the discovery materials will likely be handed to the criminal guys by Patrick's team. So data that the cops wouldn't have ever been able to make sense of will be nicely packaged so that some of the biggest names on Wall Street can be held responsible for their deeds. Presuming, of course, that there is any substance to Patrick's claims.

Patchie: Yup. Took a while for the right action to be crafted targeting the right guys in the right venue. Funny how these things happen, no?
Re: Prime Brokers Kicked in Throat By California Court, Now All Shall Be Known By Bruce Thompson on 7/20/2007 7:53 AM
Different Bob

Subject: RE: enforcement complaints
Bob says fine to post without his name and sent me the latest version, he sent it out the SEC, NASD, the media and some members of Congress:
COME AND SEE THE SHOW!

You are cordially invited to attend a free exhibition of market manipulation. Appearing monthly during the week that options expire will be a couple of master prestidigitator market makers from Chicago and Philadelphia. They also give special performances when certain companies announce favorable news. Watch, listen and learn as they employ smoke and mirrors to apparently violate the laws of nature and federal securities law. Most of the show can be seen from the privacy and convenience of you computer.

Watch in awe and amazement as they conjure shares out of thin air and then, before your very eyes, suspend the laws of the space-time continuum to travel back in time nearly two years while simultaneously traveling seconds into the future. The company that they will be "volunteering" for this week's performance will be Medis Technologies (MDTL). MDTL has been magically kept on the the fail to deliver threshold securities list continuously since August 8, 2005, over 480 trading days despite federal securities law. Regulation SHO Rule 203 clearly states: "... to allow registered options market makers to sell short threshold securities in order to hedge options positions, or to adjust such hedges, if the options positions were created prior to the time that the underlying security became a threshold security." (The market maker exception supposedly excepting them from the locate requirement). Warm-up performances were given last week:
Shares Sold Short Corresponding Options Purchase
7/11/07 21,000 MDTL 14.00 13:22:48 PHLX 210 .MRUSG21.00 13:47:00
7/12/07 20,000 MDTL 14.31 15:40:00 PHLX 200 .MRUGA 9.30 15:51:00

You will be enthralled as they tap-dance around federal securities law in what has become known as the "Chicago-Philly Shuffle":
7/13/07 12,500 MDTL 14.31 15:36:57 PHLX 125 .MRUGA 9.30 15:42:00
7/13/07 165,000 MDTL 14.33 15:58:28 CHX 1650 .MRUSG 20.70 15:58:00

Please note that the short sale of 165,000 shares on the CHX just before the closing bell exceeded the total volume of all the other exchanges for that Friday (all other exchanges 139,105 total MDTL). These same shares will probably be used to mysteriously hold the share price under 15.00 regardless of institutional buying (up again). Then you will see the shares levitate under 15.00 and through the week at each 2.50 increment (strike price) merely with a wall of sell orders, no wires!

If you decide to attend in person, you may be treated to a fine thespian performance. You will be rolling in the aisles with laughter as you watch the mm razzle-dazzle SEC Enforcement explaining how naked shorting a security is a hedge against a 35.00 put option (.MRUSG) instead of the obvious market manipulation. You may also be treated to applications of this hilarious illogic applied to straddles. Your stomach will probably be hurting from laughter after they explain how naked shorting a security and afterward purchasing the options is actually shorting against their portfolios, not their positions. In order to avoid another part of Rule 203: "Any fails to deliver from short sales that are not effected to hedge pre-existing options positions, and that remain for thirteen consecutive trading days, are subject to the mandatory close out requirement." You could also witness huge blocks of MDTL shares "wash" on the CHX and possibly the PHLX. After all, the excuse "my dog ate my certificates" will only work a few times. Watch how they routinely "mistakenly" mark short sales as long, ooooops! Saving the funniest for last, more razzle-dazzle as they explain how market manipulation is a legitimate form of market making, sidestepping Rule 203 once again, "... while market makers (including options market makers) engaged inbona-fide market making will continue to be excepted from the locate requirement of Rule 203(b)(1)".

After witnessing their masterful performances, please do not be too disappointed to learn that after years of effort they have not been able to accomplish their greatest trick. The naked short selling wizards ultimate trick is to make the company disappear from the face of the earth. This is probably due to the fact that Medis exhibited their first fully automated mass-production line on June 28, 2007, and should become the first company to mass-market a small, affordable fuel cell for the ever increasing hand-held electronics users. Add to this that Medis has many more products under development using their unique, patented, modular technology. Such as the 20W fuel cell for laptops and the military, a 1 to 2KW model for small office and home emergencies. It is completely understandable as to why these wizards have failed. With the legitimate short position exceeding 77% of Medis' float, and recently reported offers of over 20% to borrow this security, it is understandable as to why the magician's skill in making MDTL shares appear out of thin air is so very much appreciated. Year-to-date reverse conversions 3,701,000 MDTL shares, since 6/27/07 1,054,000. Year-to-date big block matching sales on these exchanges without matching options 4,504,331 MDTL shares, since 6/28/07 1,111,400.

If you still hunger for more entertainment you may wish to visit one of the stock bulletin boards, any one will do, to laugh as the paid bashers continue to foment this security with witty obfuscations of fact. One of their old favorites was that the fuel cell did not exist and was a scam. Now that the fuel cell can be ordered from mytreo.net, they have been forced to be even more creative.

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