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 Another FOIA to SEC from tommytoyz
 
mhatmccane
409 posts
2nd
Joined
1/20/2006

Another FOIA to SEC from tommytoyz
Posted: 06 Jul 06 8:27 PM
SEC dragging feet, but we'll get it
by: tommytoyz
07/06/06 08:44 pm
Msg: 443593 of 443634
 
Dear Sir or Madame:

Under the Freedom of Information Act (FOIA), please send me the total aggregate number of beneficial ownerships known to the SEC, also called security entitlements, for the securities of Novastar Financial (NFI : NYSE), as reported by all market participants. These figures are to include the beneficial ownerships held by broker dealers in their trading accounts, not just those held on behalf of their clients or reported to investor accounts.

I am requesting the total daily aggregate beneficial ownership figures for NFI from the period from April 01 2004 through April 04, 2006, listed daily, for each and every trade date in this period.

I am not requesting any privileged, private or company trade information. Just the total aggregate number of beneficial ownerships of NFI for the period.

I am willing to pay up to $300 for search and review fees. My daytime telephone number is (xxxxxxxxx).


Sincerely,
__________________________________________
SEC Response so far (notice the dates) :
__________________________________________
May 24, 2006


Re: Freedom of Information Act (FOIA), 5 U.S.C. § 552 Request No. xxxxxxxx

Dear xxxxxxx

This is in reference to your request dated April 4,
2006, received by us on April 7, 2006, for certain
information concerning Novastar Financial.

Please be advised that we are consulting with the staff and searching our records for responsive information. We
will notify you of our findings as soon as possible.
In the interim, please contact me at xxxxx@xxxx or (xxx) xxxxxxx, if you have an questions. When making an inquiry, please refer to Request No., xxxxxxx. Sincerely,

Signature xxxxxxxxx
_____________________________________

Time to kick them in the butt again and have them cough up the data. This will show how many short positions there are in total, ex-clearing and all, as it show s how many shares were owned by long buyers. Any amount larger than the shares issued by NFI are the shorts.

It doesn't tell us the breakout of the legal or illegally sold shares by the prime brokers, but we can get an idea by factoring out the known published SI and the FTD data from the previous FOIA release over the same period.

If the number of beneficial owner shares are still more than all of these combined (Company issued shares+Short Interest+FTDs reported), then that's the number of ex-clearing FTDs not reported to the SEC or DTCC.

My guess is we'll have this data before the first status conference on our lawsuit in November.

It'll be like, "Who the hell sold all those shares and then failed to deliver them and why haven't they been reported to the SEC?" Discovery? - You bet!
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