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Important comment letter for the SEC

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 8/23/2007 3:37 AM

UPDATE: This is pretty important. Think it through. How bad does it have to be for the Fed to remove the thin facade of being a quasi banking regulatory mechanism, and instead be unveiled as a facilitating mechanism for its big bank owners? "Bend"? How about violate? That is the word the reporter was looking for. Violate, trash, ignore. This basically says that the American taxpayer/US government is going to underwrite the lending these banks do to their brokerage underlings, effectively making the taxpayer an insurer of the brokers - that worked really well for the S&Ls, now didn't it?

This is bad, folks. Any time you see these types of "exceptions" it has to be very, very bad indeed: They are violating the safeguards that keep banks from acting as partners for brokers. They didn't decide to do that just for fun.

You were warned. This says that most of the safeguards that were put in place to prevent an economic catastrophe are now being removed - the uptick rule, key banking regs....gee, how much more like 1929 does it have to be?


"NEW YORK (Fortune) -- In the clear sign that the credit crunch is still affecting the nation's largest financial institutions, the Federal Reserve agreed this week to bend key banking regulations to help out Citigroup (Charts, Fortune 500) and Bank of America (Charts, Fortune 500), according to documents posted Friday on the Fed's web site.

The Aug. 20 letters from the Fed to Citigroup and Bank of America state that the Fed, which regulates large parts of the U.S. financial system, has agreed to exempt both banks from rules that effectively limit the amount of lending that their federally-insured banks can do with their brokerage affiliates. The exemption, which is temporary, means, for example, that Citigroup's Citibank entity can substantially increase funding to Citigroup Global Markets, its brokerage subsidiary. Citigroup and Bank of America requested the exemptions, according to the letter. "

Wonder why these brokerages NEED MORE FUNDING? Could it be to prop up their ailing hedge fund buddies, or their own hedge funds, or runs on the brokerage bank? Or simply to pass the buck to the taxpayer?

------------------------------

A lot of stuff happened this last week.

A study came out that showed that the majority of Wall Street would commit a felony if they thought they could get away with it. Wow. What a newsflash. Next thing they will say is that the majority of hookers will steal your wallet if they thought they could get away with it.

Huh.

And this is the succinct reason that self-regulation is a farce. The MAJORITY of those expected to police themselves are crooks. Seems pretty straightforward to me. Crooks who would break the law, gladly, if they thought they could get away with it are not capable of the honesty required to self-police.

On that topic, I note that the professional association of the crooks (SIFMA) is now advocating eliminating paper certificates, which are the only proof the individual shareholder can get that he actually wasn't screwed by the crooks. That also isn't too hard to figure out - they want to do away with any mechanism that would show them counterfeiting shares. Simple. Question is, is there anything we can do about it, other than pulling every last dime out of the market, never to return?

The credit situation continues to deteriorate. As predicted, we are just now understanding the level of damage that unregulated hedge funds, holding questionable assets they then leverage by 10 or 20 or higher, can cause when the assets fall out of bed and lose value. Synopsis: It ain't pretty, and it is going to get much worse before it gets better. Call it a hunch.

The SEC's decision to damage the investor so Wall Street privateers can run roughshod over the equities market (by eliminating the uptick rule) has resulted in daily bear raids on the markets, which seemingly everyone on the planet except for the experts that weighed in for eliminating it figured out. So we now have a virtually completely unregulated market, in the sense that few regulations that would stop massive market manipulation exist, and those that do, are routinely ignored.

Some, like the market maker exemption, which allows options market makers to naked short limitless numbers of shares, directly damaging equity investors, are being examined by the SEC, with a sort of credulous, "Is that bad, to allow options speculators to destroy the equity investors' market, thereby directly harming investors, in direct contradiction to the SEC's mandate?"

The following is a letter I suggest everyone send to the SEC, via their website request for comment, on that exemption. It has my complete and total endorsement, so feel free to copy it verbatim, or to modify it as necessary.

You can submit it painlessly and electronically here:

http://www.sec.gov/cgi-bin/ruling-comments?ruling=s71907&rule_path=/comments/s7-19-07&file_num=S7-19-07&action=Show_Form&title=Amendments%20to%20Regulation%20SHO

---------------------

August ___, 2007

 

Ms. Nancy M. Morris, Secretary

Securities and Exchange Commission 

100 F. Street, NE

Washington, DC 20549-1090

 

Re:       Comments on Proposed Amendments to Regulation SHO

File No S7-19-07

 

Dear Secretary Morris:

 

I appreciate the opportunity to provide comments on the Commission’s proposed amendments to Regulation SHO.  I am a shareholder of a company that has appeared on the Regulation SHO threshold list day after day after week and month after year. 

 

I support the Commission’s proposed elimination of Regulation SHO’s options market maker exception and encourage the Commission to complete the administrative steps to accomplish this change as quickly as possible (e.g., by year’s end).  The options market maker exception has been a well known tool of manipulation and must be eliminated promptly to ensure a level playing field for public companies and shareholders. 

 

I commend the Commission’s recent action to strengthen Regulation SHO through the elimination of Regulation SHO’s grandfather provision.  I am also pleased that over the past several months that Chairman Cox has personally spoken about the abuses of naked short selling and the need to end this manipulative practice.  However, I remain concerned that, despite the Commission’s recent efforts and Chairman Cox’s public comments, these abuses continue.

 

While the elimination of the options market maker exception and the grandfather provision will significantly strengthen Regulation SHO, these changes alone will not adequately solve the problem that results in continued naked short selling and failures-to-deliver.  I request that the Commission (1) impose in Regulation SHO a requirement of a firm location of shares to be borrowed before a short sale can be executed, and (2) enable transparency by requiring timely disclosure of the volume of failures-to-deliver shares of companies on the Regulation SHO threshold list.  The Commission should issue and complete promptly a notice of proposed rulemaking to implement these two critical components of effective Regulation SHO reform.

 

Sincerely,

 

 

[Name]

[Address]

 

cc:        Christopher Cox, Chairman, U.S. Securities and Exchange Commission

Paul S. Atkins, Commissioner, U.S. Securities and Exchange Commission

            Roel C. Campos, Commissioner, U.S. Securities and Exchange Commission

            Kathleen L. Casey, Commissioner, U.S. Securities and Exchange Commission

            Annette L. Nazareth, Commissioner, U.S. Securities and Exchange Commission

 

Copyright ©2007 Bob O'Brien
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Comments (23)
Re: Important comment letter for the SEC By old duffer on 8/25/2007 10:09 AM
There,that feels better!

Not that I expect any of the criminals at SEC to care.

God will deal with them someday.Lets see them ignore that.
Re: Important comment letter for the SEC By mhatmccane on 8/23/2007 2:08 PM

Thank you for the template. Sent mine in.
Re: Important comment letter for the SEC By InTheKnow on 8/25/2007 10:09 AM
As far as I can see the Amendment to Regulation SHO and the elimination of the Grandfather Clause is total bullshit that was written by hacks at the SEC to protect the Wall Street interests.

There is no teeth... no fines, nothing and those securities having FTD's that are not on the SHO list are totaly ignored. So any security that has FTD's and are held in Ex-Clearing are given the finger!

When the hell is the individual investor being screwed by the SEC going to wake up and let Congress know we are mad as hell and are not going to take this bullshit anymore!
Re: Important comment letter for the SEC By captdale on 8/25/2007 10:12 AM
Bobo - Thanks. I submitted that in addition to many others I have sent them basically saying the same thing.
Re: Important comment letter for the SEC By snoozern on 8/25/2007 10:12 AM
bobo,

Glad you're still in the fray.

Keep well.

Regards,
Rick
Re: Important comment letter for the SEC By anthony kalantzis on 8/25/2007 10:13 AM
japan is dematerializing in summer of 2009

http://www.kessaicenter.com/kisha/stock_e.pdf

Re: Important comment letter for the SEC By ditty_bopper on 8/25/2007 1:28 PM
Ditto
Re: Important comment letter for the SEC By Bob O on 8/25/2007 1:30 PM
Sent mine in too.
Re: Important comment letter for the SEC By Rollerskate & spouse on 8/25/2007 9:15 PM
We sent ours in also.
Re: Important comment letter for the SEC By n-tres-ted on 8/26/2007 10:39 AM
The letter is now identified on the SEC site as Type A, with 30+ instances of submission. Thanks for the efforts.
Re: Important comment letter for the SEC By Sean on 8/27/2007 9:38 PM
I just thought that you were requesting penalties for not complying with the rules. Would this letter not be the appropriate forum to do so?
Re: Important comment letter for the SEC By Jeremiah 9:24 on 8/27/2007 9:39 PM
Some of you may know, Citigroup Global Markets, the example mentioned in the portion of the story cited by BobO in the Update, is a market maker that uses the MMID "SBSH."

You may or may not know, they are a HEAVY short side (what other side is there these days?) manipulator, whether for themselves or for customers I don't know, on the OTC:BB and "Pink Sheets" markets. They have joined NITE and UBS Securities as the worst of the worst in bear raiders of OTC and Pinkie companies.

Does this have anything to do with anything relating to bank regulation waivers for the biggest boys? I don't doubt it, because if SBSHit is manipulating the little guys (and they are for certain) they may be manipulating the bigger listed companies, too. Perhaps there is a concern that borrowed money may be needed for margin at DTCC to cover Reg. SHO listed stocks these scum are short. After all, until they again change their rules to benefit their "participants," DTCC requires 130% in cash marked to market each trading day for all unsettled trades. That could get problematic should multiple short squeezes form in a short period of time.

Then again, since no one is enforcing the settlement obligations of Wall Street's players, perhaps there is nothing to my ruminations. And I am certain the SEC will step in to protect Wall Street--and screw the investing public again--should things get tough for 'shorty.'

In any event, if the Federal Reserve (what a fraudulent name) chooses to bail out Wall Street rather than defend the dollar yet again, that is, to cut the fed funds rate in a few days, the taxpayers of America are in bigger trouble than most realize. I think I know why George W. Bush is in such a hurry to get the Security and Prosperity Partnership up and running, including the inevitable switch to a new combined currency (the "Amero"?). Think of it as a reverse split and a name change.
Re: Important comment letter for the SEC By Pete Stevenson on 8/29/2007 8:28 PM
Just submitted mine.
I hate to be pessimistic, but this problem is so huge that there is little hope for us all unless we band together and tell everyone we can (friends, neighbors, relatives, even our worst enemies) that their hard earned dollars are going down the drain...courtesy of our wonderful regulating authorities who choose to look the other way while rome is clearly burning.
I remain hopeful...but my hope is dwindling every day I read all the crap that the brokers are getting away with these days. It is only getting worse, not better.

Dig in. hunker down. Get ready for a long cold winter.
Re: Important comment letter for the SEC By The Undersigned on 8/29/2007 8:29 PM
Tax Payers Against a Wall Street and Mortgage Bailout

View Current Signaturehttp://www.petitiononline.com/bailout/petition.htmls - Sign the Petition


To: Senator Hillary Clinton, Senator Christopher Dodd, Senator Charles Schumer and members of Congress

Please do not support the efforts to bail out mortgage holders and mortgage lenders with my tax dollars. As a responsible citizen, I do not believe it is right for you to ask me to pay for other peoples’ financial excesses, especially since a bailout encourages lenders to continue making predatory loans, with the assumption that taxpayers are on the hook. Further, we believe that the liability of the mortgage mess should NOT be shifted to GSE’s Freddie and Fannie.

I appreciate the goal of helping people to have access to housing, but any proposed bailout will only reward lenders and borrowers who acted irresponsibly, and it will punish people who work hard and diligently manage their finances by not buying houses which they cannot afford.

The housing market has begun a process of correction. This is necessary in order to keep housing affordable in the long-term. Let the market correct so we can achieve stability again, and people are able to save and afford the house of their dreams over time. That really is the true American Dream.


Sincerely,

The Undersigned


View Current Signatures

The Tax Payers Against a Wall Street and Mortgage Bailout Petition to Senator Hillary Clinton, Senator Christopher Dodd, Senator Charles Schumer and members of Congress was created by and written by Thomas Roach (citizensagainstabailout@gmail.com). This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.
Re: Important comment letter for the SEC By old duffer on 8/29/2007 8:30 PM
If you need to understand the Fed, who really owns it and gains from it, you must read:

" The Creature from Jeykll Island "

This is a extensive reasearch of the Fed and those behind it, the deception that allowed it to come into being.

Even more important is the plans they have for all of us that this book reveals.

And it gives the sources for this info the Big Ones would like to keep under wraps, until they finnish getting the total control they seek. Money/food/shelter should finnish the job.

The money they are now in the process of taking in my opinion.

What is in your future as far as food and shelter? Hint, it ain't what we have grown accustomed to,that is for sure!

They feel when it gets bad enough people will do whatever they want.

This will make your blood boil before it scares you to death!

These people feel they ARE the MASTERS OF THE UNIVERSE and have the Master plan for the human race.....You may not be part of that plan.

I am not kidding!

American Media
p.o. box 4646
Westlake Hill,Ca 91359-1646

Or call 1-800-595-6596

Re: Important comment letter for the SEC By animal farm on 8/29/2007 8:31 PM


I learned something new today that I probably should have known awhile ago, but not being very active in shorting individual names it really never came up until today.

The common wisdom is that a stock that is on the restricted list for 13 consecutive days, ie. cannot be borrowed, has to be bought back. These are also known as naked shorts. Well, after a lengthy call to the SEC, I found out the "little" exemption to that rule: The above is true as it applies to investors - but is not true for market makers.

Thus a market maker can be heavily short a name, causing it to appear on the restricted list, and this "short" does not count. At least it does not count until Oct. 15th. That is when this exemption expires. Well, actually they have 35 days from Oct. 15th to square up. So trying to game a buy-in, especially near a holiday or weekend, is not the panacea it appears.

After Oct. 18th, I think this will be a very interesting strategy. But for now, I guess not.

http://seekingalpha.com/article/45923-understanding-buy-ins-and-the-naked-short-rule
Re: Important comment letter for the SEC Regarding GNBT. By Tee Maharaj on 8/31/2007 5:31 PM
I am tired of being ripped off by insitutions that is naked shorting stocks. Most are doing it illegally, I asked you to do something about this pracice.

I am and honest person investing for my future, but I am tired of being taken by these Hedgefunds and Instititutions who can steal from an Honest person legally.

Please, please do something about it. I would ask you investigate the institutions that trades this stock, and continiously naked short this company.

Its s very sickening to see my children's future go down to crooks who are tied to ROBERY, STEALING. The only difference is that they are not doing it at gunpoint.

I ask that you investigate the traders who ar eshort , and naked shorting this stock, because someday you and your family need this company which is GNBT, "GENEREX BIOTECHNOLOGY"


I plead with with whomever gets this messaage.

I thank you in advance.
Re: Important comment letter for the SEC By oldfeller on 8/31/2007 5:31 PM
Sent the letter provided, I could not have written anything that polite myself. In the meantime I`m waiting for the ax to fall on the otc. November 26 seems like a key date. Will they or won`t they give some back. Bernanke seems unwilling to go down in history as the guy who put an end to capitalism. I suppose letting the dollar fall is the easy way out for him now. They have trained my generation to expect the value of the dollar to fall forever, forcing us to search for alternative investments which they just happen to be willing to provide.
Re: Important comment letter for the SEC By cafr on 8/31/2007 5:32 PM
Have you heard of cafr or government accounting? If you buy a house, you treat it as an asset. If the government buys a bridge or builds a park, they treat it only as a liability.

Cities and states are among the largest players in the stock market.

http://cafr1.com/PA.html

http://www.cafrman.com/
Re: Important comment letter for the SEC By old duffer on 8/31/2007 5:32 PM
Did any here get a response to their email to the SEC?

I DID NOT!
Re: Important comment letter for the SEC By dearl little deaf SEC on 8/31/2007 5:33 PM
me too. sent my not so love letter to the SEC. great template. & welcome back to the stage. ACTION!!! Cut their balls off.

roger that & have a nice day
Re: Important comment letter for the SEC By Sean on 8/31/2007 5:35 PM
It looks like another one bit the dust...The are jumping ship like the rats they are.. I wonder why??Things that man you say "Hhhhmmmmmmmnnnnnn!!!!

Universal Express Inc. (OTCBB: USXP) today commented on the "most recent" resignation or unplanned early retirement of yet another of the 6 SEC Senior Managers and Official members recently ordered off or retired from the Security and Exchange Executive Board.

"Obviously, someone has finally begun examining and acknowledging the naked short selling scandal. The SEC tactics and methods used to perpetuate this counterfeiting fraud are at the core of our abuse of power case to be submitted to the Appellate Court," stated Chris Gunderson, Universal Express General Counsel.

"Chester Spatt, the SEC Chief Economist and today's departee, had been responsible for a series of flawed studies justifying naked shorting in the public markets. His reports were allegedly deemed incompetent and filled with fundamental flaws since they lacked control groups. That means they didn't include companies publicly traded which were not permitted to be nakedly shorted," continued Mr. Gunderson.

"It's unfortunate that we couldn't have used the over 10,000 failed Bulletin Board companies and their hundreds of thousands of unemployed Americans and shareholders to serve as paid control groups. Their hungry families could have used a small percentage of the fees and fines previously earned by the SEC and the DTCC as they have allowed the counterfeiting of shares and then hid behind the economic opinions of today's removed economist. A regulatory agency that has failed to support that many companies needs more resignations, more overhaul, and more Congressional examination," stated Richard A. Altomare, Chairman and CEO of Universal Express, Inc.

"Universal Express continues to clearly present the critical issues facing the American trading system. Each one of these appointed and now removed SEC Board Members and Advisors will become solving pieces of the naked short selling puzzle. This economic scandal perpetuated on the trading public needs to be exposed and understood. Our company's soon to be mandated jury trial will crystallize the situation that the SEC has now attempted through these dismissals to either correct or cover up," stated Mr. Gunderson.

"Multiple resignations compiled with alleged ongoing Justice Department inquiries should add some very interesting testimony when our $700,000,000 USD existing judgments for naked short selling finally goes before a jury of American citizens," concluded Mr. Gunderson.

"In conclusion, I attach a chronological document recently submitted by our General Counsel highlighting our Company's tragic nine year abuse perpetuated by many of those SEC members asked to step down. Hopefully, our journey will be recognized exactly for what it has become -- a courageous one. We don't want to become Company 10,001. Company 10,001 refuses to cease functioning so that our short position does not have to be covered. Company 10,001 refuses to disappoint its shareholders and employees, and most importantly Company 10,001 has developed creative ideas and new industries which are needed in America."

Re: Important comment letter for the SEC By shelby on 8/31/2007 5:34 PM
Senator Shelby (AKA: bribe-me) goes to Iraq.

http://www.cnn.com/2007/WORLD/meast/08/31/iraq.main/index.html

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