| | Register
Funny Bunny
Looking for something a little lighter?
Catch Bob's more irreverent and amusing pieces in his Funny Bunny Blog.

Blog

Oct 7

Written by: bobo
10/7/2008 2:21 PM 

I thought I would reprint Fuld's testimony at yesterday's hearing, as it pertains to naked short selling. Remember, this is a practice that Wall Street spent years denying existed, and then marginalizing as a non-issue. Well, guess what? They lied. Again. Apparently it is a large enough issue to topple the largest names in the country, as described below.

What follows is his testimony as it relates to NSS:
 
The second issue I want to discuss is naked short selling, which I believe contributed to both the collapse of Bear Stearns and Lehman Brothers. Short selling by itself can be employed as a legitimate hedge against risk. Naked short selling, on the other hand, is an invitation to market manipulation. Naked short selling is the practice of selling shares short without first borrowing or arranging to borrow those shares in time to make delivery to the buyer within the settlement period - in essence, selling something you do not own and might not ultimately deliver to the buyer.

Naked short selling, followed by false rumors, dealt a critical, if not fatal blow to Bear Stearns. Many knowledgeable participants in our financial markets are convinced that naked short sellers spread rumors and false information regarding the liquidity of Bear Stearns, and simultaneously pulled business or encouraged others to pull business from Bear Stearns, creating an atmosphere of fear which then led to a self-fulfilling prophecy of a run on the bank. The naked shorts and rumor mongers succeeded in bringing down Bear Stearns. And I believe that unsubstantiated rumors in the marketplace caused significant harm to Lehman Brothers. In our case, false rumors were so rampant for so long that major institutions issued public statements denying the rumors.

Following the Bear Stearns run on the bank, we and many others called on regulators to immediately clamp down on naked short selling. The SEC issued a temporary order that went into effect on July 21 prohibiting 'naked' short selling of certain financial firms, including Lehman, Merrill Lynch, Fannie Mae and Freddie Mac. This measure stabilized the share prices of Lehman Brothers and the other firms. However, this restriction was temporary, and on August 13 it expired after 17 trading days. History has already shown how wrong and ill-advised it is to allow naked short selling.

Many of the firms that have recently collapsed or have been forced into emergency mergers, takeovers, or government bailouts - Bear Stearns, Lehman Brothers, Merrill Lynch, Fannie Mae, Freddie Mac, AIG - did so during the gaps of time in which there was no meaningful regulation of naked short selling. On September 15, when the market opened after the collapse of Lehman, naked shorts appeared to turn their attention to Morgan Stanley and Goldman Sachs. In the three days between the announcement of Lehman Brothers' bankruptcy and the SEC instituting an emergency ban on short selling, Goldman Sachs¢ and Morgan Stanley's share prices fell 30% and 39% respectively. None of this was a coincidence.

After seeing this stock price reaction in the week following Lehman Brothers bankruptcy, the SEC, like the Federal Reserve, took immediate action to stabilize the system. On September 18, following the decision of the Financial Services Authority in the United Kingdom a day earlier, the SEC instituted an emergency ban and other restrictions on short selling financial institutions. In taking these steps, Chairman Cox explained: 'Given the importance of confidence in our financial markets as a whole, we have become concerned about the sudden and unexplained declines in the prices of securities. Such price declines can give rise to questions about the underlying financial condition of an issuer, which in turn can create a crisis of confidence without a fundamental underlying basis. The crisis of confidence can impair the liquidity and ultimate viability of an issuer, with potentially broad market consequences'. These new restrictions are set to expire no later than October 17. Permanent regulation of naked short selling is needed to prevent a similar demise for the firms that survived with the government'
s help.  
 

Huh. So, apparently, now NSS is a dire threat to the whole financial system! Wait, that's my line!!! I've been saying it for years, along with Patrick, and Patch, and a few others. But it was poo poo'd - remember Annette Nazareth's whole, "Let them eat cake" approach, that the whole issue was just disgruntled shareholders pissy because their stocks didn't go up? So which is it?

Wall Street is finally having to tell the truth about this because the entire system is now cratering due to their fraudulent behavior. But of course, we can expect little or nothing material to change, as the SEC has been wholly captured, and will dance to whatever jig that whoever captured them wants. Seems like that was a wise investment for someone.

I wonder what's next? Note that gold and silver continue to be naked short sold with abandon, so not a whole lot has really changed, other than that equities are now coming into the spotlight. The problem is that any time you allow fraud and non-delivery to exist in markets as a trading strategy, that market becomes a farce. That's what we now have.

Bravo, SEC. Nicely done. Perhaps some cushy $1500 per hour jobs for everyone at the best white shoe law firms Wall Street can buy as a reward? I'd say you've more than earned it.

Copyright ©2008 Bob O'Brien

Tags:

23 comment(s) so far...

Re: Media Lies, Part 100,048

As more and more CEO's come before Congress, they cover their asses with, "That was the best information I had at the time." Today, the recurring questions to the AIG CEO's was, "What did GS have to lose if you went down?" It was like playing "Jeopardy"... I was yelling, "20 Billion"...

More and more people are discussing ways to opt out. Neighborhood currency, bartering, moving U.S dollars to local banks and thrifts. They are also very angry about the vote and are planning to oust those who voted for the bailout. What would have really happened if these guys had to file for BK.. AIG probably had enough to cover its liabilities to everyone but the CDS holders as AIG was regulated and had to have reserves for most of their business.

When Henry saw that.. he said, "Bail, Benny, Bail!"

By mhelburn on   10/7/2008 3:14 PM

Re: Media Lies, Part 100,048

Gold and silver CONTRACTS are being naked shorted, but oddly enough it's being reported that it is increasingly difficult to obtain the real thing (falling prices = shortages...huh?). Treasury has cancelled sale of Gold Eagles for remainder of year. Guess the banksters haven't created a precious metals DTCC.

By ditty_bopper_zed on   10/7/2008 4:17 PM

Re: Media Lies, Part 100,048

Bobo...

This NSS issue that we have followed for five years is now front-and-center. How can we mobilize some key interested politicians to shut this down? Some congressman understand this issue and are very opposed to it. During an interview with Maria B. I heard Henry Paulson say that NSS should be stopped. At the very least, could we not somehow educate a few key congressman to the point that the understand what eliminating NSS would look like. We know what Cox has done here does nothing to stop intra day NSS. Could we not get some financial celebrity to start beating the drum on this... Rush, or Niel Cavuto or Mike Schneider? Very frustrating... very frustrating...

By What can we do? on   10/7/2008 5:42 PM

Re: Media Lies, Part 100,048

Part of the problem now is that the press is claiming NSS was not hurting the financial firms because they kept going down after NSS and short-selling were restricted. That proves NSS was not a factor.

Bull.

1. Who knows what would have happened without restrictions on NSS. The road not taken was... well... NOT TAKEN. The financial sector may have been decimated even worse without these restrictions. As for restrictions on legitimate short-selling, that was a bad idea and may have caused downward pressure due to the inability of traders to hedge their long positions... who knows? Just more obfuscation of the NSS problem.

2. The NSS restrictions may not have been adequate as they may have loopholes.

3. Most importantly, what the market does is not the gauge of success. Success is achieved when crooks no longer have the ability to artificially drive down stock prices and make billions of dollars in profits through manipulation.

We are not fighting to make certain stocks or all stocks go up or stay flat. We are fighting to eliminate systemic manipulation. If my stocks go down a bit as a result of eliminating actual, illegal NSS, fine. I guess I bought the wrong stock. The movement of a few or all stocks over a short period of time has nothing to do with the endemic manipulation that is occurring on a regular basis.

We could also use a bit less waffling by the SEC and some firm, permanent new rules.

By solomon740 on   10/7/2008 9:22 PM

Re: Media Lies, Part 100,048

Well Yeah. Like we didn't know all this was going to happen. No surprises there. And now that they are caught they point fingers and throw someone under the buss. And Congress "slaps their hands and talks sharply to them" all the while they are enjoying a cute company paid vacatioin in Calif. , home of Pelosi, with the money they screwed the taxpayer out of. You know what, not one damned thing is going to happen. Nobody is going to jail for gross crimes against society. Nobody will have to pay back one dime of the money they took. Its the GD golden rule and they have the gold so go figure. Over 80% of the public did not want this bailout and the people with the gold shoved it up our butts anyway. I would suggest investing in commercial grade KY-jelly. Will more than likely come in handy. Bill O'Reiley seems to have some clue and tells it like it is. Talk to him bobo. Talk to the man.

By captdale on   10/7/2008 9:23 PM

Re: Media Lies, Part 100,048

Capt, I think now you got it. The casino that is the market was too small - they wore out the ability to screw the rubes on that one in the dot com thing, so they moved the casino walls out to include real estate. That too proved too small, so now they are just doing landgrabs on the entire globe. You think that the sudden tumbles across all the markets are coincidence? Puhleese. More money is made destroying, than building. More money is made building bombs in wars, than building cars in peacetime. The european central bankers have long had a cycle of creating bubbles, then depressions, then ending the depressions with wars, and then starting the cycle all over again. We are at the phase where they take things into depression, and then, look out Iran. We will, historically speaking, require a global conflagaration to end the cycle. Middle east seems likely. Hope I'm wrong, but the system is coming unglued, and historically that means here comes the depression, to be gratefully followed by a war against "them." Who "they" are hardly matters - it hasn't so far, and won't this time, either.

Maybe this is why really old people don't mind passing on. They've seen enough to get how ugly and repetitive it all is. And the spin cycle is followed by the repeat cycle, as the communication channels - the media - are always wholly captured by those with the grease.

I said several years ago that anyone with a dime in the market is a moron, as the game is hopelessly rigged. Anyone wanna argue that one now?

Didn't think so.

By bobo on   10/7/2008 9:30 PM

Re: Media Lies, Part 100,048

I`ll argue that one bunny. Like the man said, it might be a crappy little war but it`s the only one we have. Of course the market is corrupt. Show me a time when it wasn`t. It`s just a matter of degrees. The richest people on earth are buying right now, and their grandchildren will be the richest people on earth 50 years from now.

By oldfeller on   10/8/2008 7:31 AM

Re: Media Lies, Part 100,048

Well, maybe they are, and then again, maybe they, like their buddies who were buying up all the CDOs and CMOs they could get their hands on, simply fail to grasp the level of crookery at play - this is a first, or at least it is since the 1920's. Basically, Wall Street has managed to destroy the global economy via derivatives, and destroy the market via NSS. That hasn't happened much in the past.

If the casino is completely rigged, and your logic is that the Saudi's still go in to play poker so you will too, my hunch is that you may find that the Saudi's have a different capacity for risk and downside than you do.

I just don't see the logic of understanding that the machines are all rigged, but saying, hey, it's the only casino we got, so WTF, roll those loaded dice....

By bobo on   10/8/2008 7:35 AM

Re: Media Lies, Part 100,048

If anything is to really change,state laws are going to have to be used via ballot initiatives, like in South Dakota. Or, all companies can incorporate in South Dakota after the measure passes, which it will..........easily.

http://www.voteyes9.com/

By tommytoyz on   10/8/2008 8:09 AM

Re: Media Lies, Part 100,048

What I find ironic (and viscerally immoral) is that the very corporations instrumental in perpetrating naked shorting are now being selectively protected by decree, while past targets of this very abuse who spent a great deal and time and money pointing this injustice out, like OSTK, are left to twist in the wind.

By Take a Bite Out of NSS on   10/9/2008 2:33 PM

Re: Media Lies, Part 100,048

SEC is complicit because this is all about the Government Owning all of the Bank Stocks, or at least a large percentage of their stock. They are allowing Naked Short selling so the Government can come in without objection and take large Ownership positions in the Banks.

It is all about a Global Banking system.

The Government will have all of your banking records with Ownership in the Banks. There will be no privacy of your financial dealings. The Government will know every check you write. May be no need to file Income Taxes as they will know all you earn and all of your expenses thru your checking account.

Very sad day.

By waterfallsparkles on   10/9/2008 2:34 PM

Re: Media Lies, Part 100,048

Bobo parden the awful spelling please. When a person agrees to play in a rigged game its called greed which is a dysfunctionant moral chractor weakness. Actually, the crimes against society recently committed by these financial market crooks are much more severe than those that were the cause of America becoming a independant nation in the first place. Similar in many ways which our founding fathers warned us against. We didn't listen and did nothing so now we get to pay the price all over again just like you said we would. Just as in the movie "Chicago" where the spotlight was so very quickly removed from the star and shined somewhere else. The spotlight that was shining on the bailout bill has now dimmed and is pointing somewhere else. Nothing is going to happen to "fix" anything except maybe allowing the crooks to pocket even more money. Hey, thats Chicago !!! And they haven't lost a case yet. Razzle Dazzle em baby. Razzle Dazzle em. Works every time.

By captdale on   10/9/2008 2:35 PM

Re: Media Lies, Part 100,048

Mission Statement from SEC website: http://www.sec.gov/about/whatwedo.shtml

"The mission of the Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation."

With support from certain corrupt “journalists” the SEC kept the story of naked shorting untold thereby denying the existence of a root cause of the financial crisis. The SEC was more focused on covering up Wall Street’s gigantic fraud than on its dishonest ‘what we do” Mission Statement.

The SEC, with its co-conspirators in crime, covered up the truth so Wall Street’s pinstripe gangsters could take possession of peoples’ investment accounts and retirees’ pension plans.

The SEC is a miserable failure – a den of thieves!

By ginger on   10/9/2008 7:47 PM

Re: Media Lies, Part 100,048

The sad truth to all of this is that a sense of moral relativism, and cynical disregard for the ultimate consequences of our behavior, has brought us to a predictable brink. Predictable, as guys like me saw it coming for years. So now the system collapses, right on time, and the panic issues forth a cry for the same scum who got us here to lead us out of the swamp.

Human nature never changes. Welcome to the late 1920's. The global con system is a sham and is coming apart daily.

Wanna start a dead pool on when we start WW3 in the middle east so the system can press reset? I say Feb. Latest. Any takers?

By bobo on   10/9/2008 8:42 PM

Re: Media Lies, Part 100,048

OH moral relativism and cynical disregard for consequences of behavior. I love it. THATS what I was trying to say. If history had taught us anything its that you are correct in that prediction as you were in your other predictions. February ? Hummmmmm. I'm slow here so help me out. We are already in two declared wars that are costing more than we can afford and they didn't reset anything so how is starting another one going to help press reset ? I would not doubt that a great portion of the world financial market manipulation comes from Saudi and Dubai . I mean who else has the cash and intent to play at that level. So are you saying take them out. Or Nationalize Oil as a world resource ? February huh. So how do you see this coming down ? Israel dropping the big N on Iran Nuke joints for perceived or otherwise threats and the U.S. backing them ? The U.S. is now talking nice to N. Korea for God's sake . Wants to take them off the terriorist list ? Puleeez. Its starwars all over again. We could talk about this crap all night. Okay, bottom line, how do you see it playing out ?

By captdale on   10/10/2008 7:10 AM

Re: Media Lies, Part 100,048

You know, the more I think about it I think your right. February is just about right. I was going to comment further on why that is so but would have to degress into a political foreign policy discussion and thats not where this is at. February it is. Hope your wrong but I doubt it.

By captdale on   10/10/2008 7:28 AM

Re: Media Lies, Part 100,048

bobo your on.
I bet I can prove the war is not going to start it is allready going on.
Warfare changes as do the weapons of war.
Once it was small groups and/or tribes against other small groups.
The creation of nations led to larger amounts of participants in the battles but the battles were held in certian ways, the soldiers used to line up and shoot at each other and no 'civilians' were killed this way.
The ways of war evolved and by world war two no one was safe bombs fell with impunity on all of the people soldier and civilian alike.
Then came the atomic bombs the ability to destroy everything and everyone at once.
They tried to get around destroying things the winners of the war might want after the war was over by making the neutron bomb it would destroy the people but leave the assets for the winners to collect.
Well we have now come back to the small group or tribe .
They have discovered a way to leave all the buildings AND people intact while removing the value and assets .
It is a weapon of mass asset destruction.
It is the naked bomb.
The naked bomb has been sold as a valuable colllectors peice to every economy on earth , it was disguised as a liquidity enhancement device which also would disperse liability and increase stability.
Now all the naked bombs are going off at once.
This is world war three and it isn't being fought by any country it is being fought by every country against a invisible group of asset sucking naked short sellers.
All the assets are being taken leaving the people and the now worthless buildings.
When the rest of the world figures out the how and why of where the naked bombs came from they are gonna kick america's ass.
The people with the assets meanwhile will be long gone laughing all the way to the... well there won't be any banks left....

By bbhindyou on   10/10/2008 7:31 AM

Re: Media Lies, Part 100,048

Throw one over here.

By ashtrays, anyone? on   10/10/2008 6:56 PM

Re: Media Lies, Part 100,048

Did anyone see where the World Bank computers were hacked? They seemed to have kept that quiet, fired the IT company. http://www.foxnews.com/story/0,2933,435681,00.html

The day before the attack of 9-11, Rumsfield was discussing the accounting problems of 2.3 trilion missing at the DOD. At that time, the SEC was investigating over 6 trillion of suspicious trades related to the dotcom bubble and HUD, as usual had trillions missing. 9-11 wiped out accounting and accountants for HUD, the DOD and the SEC.

LEH has netted their CDS and 400 billion has been netted to 8 billion. So if netting can reduce the liability to 20 percent across the board, the 58 to 62 trillion in CDS could be only 3 trillion... just half of what the Securities market has lost since its high.

Would anyone believe anything that these various entities tell us?

By mhelburn on   10/11/2008 7:17 AM

Re: Media Lies, Part 100,048

Bobo, while you and we focused on naked shorting of stocks, the criminals have gotten away with murdery by naked shorting bonds, probably a bigger problem than naked shorting stocks. They do this through the creation of default swaps. Linked below is an article in CFO magazine on this:

http://www.cfo.com/article.cfm/12286366/c_12285332?f=archives&origin=archive

By Cox: Default Swaps Are Naked Shorts on   10/11/2008 7:18 AM

Re: Media Lies, Part 100,048

Math error. On the CDS. If LEH CDS was netted to a loss of 8 from 400 billion that is a 2% net loss and applied to the total of approximately 60 trillion, if others had hedged with various CDS similar to LEH, they would net down to 1.2 trillion. Assuming that the hedges were done by really, really smart guys, someone might be owed that amount. After netting, and some were down 2% , then some would be up by similar amounts. Was LEH the worst of the bad? If so, then others should spread that 8 billion among themselves.. Could this have been a tragic and unnecessary panic started by Paulson because he thought that Goldman wouldn't collect the 20 billion if AIG went down?

By mhelburn.. oops on   10/11/2008 7:19 AM

Re: Media Lies, Part 100,048

Iran War: Nov.5. Martial Law: Nov. 6. Good luck to all.

By You're on on   10/12/2008 8:52 PM

Re: Media Lies, Part 100,048

UNDERSTANDING ABUSIVE NAKED SHORT SELLING

1) There are indeed “legitimate” reasons for perhaps 2 or 3 day delays in the delivery of securities sold past “settlement date” which is now T+3.
2) To accommodate for this reality the Uniform Commercial Code Article 8 provided for the creation of “securities entitlements” or “placeholder securities” to credit to the brokerage account of the purchasers of securities that encountered delivery delays.
3) Mere “securities entitlements” are admittedly not legitimate “shares”; they were designed to be a 2 or 3-day provisional accounting measure sometimes referred to as a “placeholder security” or “IOU”.
4) The authors of UCC Article 8 rolled the dice and allowed these mere “securities entitlements” to be free-trading during this perhaps 2 or 3-day delay as if they were “legitimate shares”. Why? Because “legitimate” delivery failures are ultra-short termed in nature and the extra dilution and therefore share price depression effect they would indeed cause was deemed to be minimal therefore and there were 2 other backstops.
5) The first backstop was the DTCC’s mandate to “promptly settle” all securities transactions. “Settlement” refers to “the conclusion of a securities transaction in which the securities are delivered “in good form” to the purchaser as the funds of the purchaser are sent to the seller”. This is also known as “Delivery versus payment” or “DVP”. The mandated “prompt settlement” of trades would still fit in nicely with a 2 or 3-day delivery delay.
6) The second backstop was the SEC’s mandate to provide “investor protection and market integrity”. If the delivery delays were longer than just a couple of days then the share price depressant effect of these readily sellable but mere “securities entitlements” would be marked. In actuality it could become disastrous if massive levels of long term “securities entitlements” were allowed to accumulate in the share structures of corporations.
7) Securities fraudsters realized that neither the SEC nor the DTCC were monitoring for the levels or ages of the “securities entitlements” accumulating in the share structures of certain targeted corporations.
8) The “supply” of readily sellable legitimate shares plus the “supply” of mere “securities entitlements” when combined form the “supply” variable that interacts with the “demand” variable to dictate share prices. This is known as “price discovery”.
9) In abusive naked short selling frauds the “demand” variable is also manipulated as the share price enhancing effect of buy orders is neutralized by naked short selling into these buy orders before they interact with the “supply” variable to dictate share prices.
10) When the “supply” of readily sellable “securities” is artificially manipulated upwards by those refusing to deliver that which they sell and the “demand” variable is simultaneously manipulated downwards then the resultant share price “discovered” will have been grossly manipulated lower.
11) The authors of UCC Article 8 that ASSUMED that all delivery failures were of a short termed “legitimate” nature were wrong and since nobody was monitoring for the levels or ages of the “securities entitlements” procreated by delivery failures securities fraudsters realized that they could take massive naked short positions in targeted corporations by merely refusing to deliver that which they were selling and intentionally and predictably manipulate the share price to near zero.
12) The DTCC-administered clearance and settlement system in the U.S. is like no other on the planet. DTCC management unconscionably allows the sellers of securities to access the funds of investors even if they absolutely refuse to deliver the securities they were selling. All the abusive DTCC “participants/members” are asked to do is to “collateralize” the delivery obligations they were amassing.
13) The mere “collateralization” of a debt, however, has nothing to do with the “good form delivery” of that sold which is needed to accomplish the “settlement” of a trade and the DTCC has the mandate to “promptly settle” all trades.
14) Multi-billion dollar hedge funds and Wall Street behemoths have no problem whatsoever in merely “collateralizing” these debts. In fact, the debts needing to be “collateralized” diminish as the share price predictably tumbles from the manipulation of the “supply” and “demand” variables. As the “collateralization” needs diminish the investor’s funds flow into the wallets of those that continually refuse to deliver that which they sell.
15) As this cash flows into the wallets of the securities fraudsters refusing to deliver that which they sell this then allows them to assume and “collateralize” yet larger naked short positions which releases yet more share price depressing readily sellable “securities entitlements” into the share structure of the corporation targeted for destruction. The result is a “self-generating leverage” which results in the “self-fulfilling prophecy” that this corporation unfortunate enough to be targeted is going down as are the investments made therein and the jobs of all of their employees.
16) Share price “manipulation” involves the intentional altering of the natural supply and demand variables that determine share prices.
17) Share price “manipulation” is a form of “fraud” which involves the use of deception for illicit monetary gain.
18) The gist of these crimes is that since UCC 8 allowed “securities entitlements” resulting from delivery failures to be readily sellable due to their ASSUMED ultra short termed lifespan then any efforts to intentionally flood a corporation’s share structure with delivery failures that procreate readily sellable “securities entitlements” will with 100% certainty result in the manipulation of share prices downwards. Absolutely refusing to deliver that which you sell shows intent or “scienter”.

By dr. d on   10/12/2008 8:53 PM

Your name:
Your email:
(Optional) Email used only to show Gravatar.
Your website:
Title:
Comment:
Add Comment   Cancel 
Subscribe via Email
Get This Blog via Email:


Powered by Squeet.com
Resources
Sanity Check Archive
Copyright © 2006-2009 The Sanity Check   |  Privacy Statement  |  Terms Of Use