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U.S. SEC Emergency Rule to Curb 'Naked' Short Sales
WP ^ | 07/15/08

Posted on 07/15/2008 5:13:09 PM PDT by TigerLikesRooster

U.S. SEC Emergency Rule to Curb 'Naked' Short Sales

Reuters

Tuesday, July 15, 2008; 2:40 PM

WASHINGTON - The U.S. Securities and Exchange Commission will issue an emergency rule later Tuesday to stop "naked" short selling in major financial firms, including Fannie Mae and Freddie Mac, the SEC said.

Short sellers borrow shares they consider overvalued and sell them. If the price drops, they repurchase the shares, return them and pocket the difference.

In a naked short sale, the investor sells stock that has not yet been borrowed. Sellers sometimes deliberately fail to deliver securities as part of a scheme to manipulate the stock price.

The emergency rule would require any person making a short sale in the listed securities to borrow the securities before the short sale is effected and deliver the securities on the settlement date.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Business/Economy; Extended News; News/Current Events
KEYWORDS: fannie; freddie; nakedshortselling; sec
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They are moving fast. It was only a day ago that SEC said they would consider regulating Naked Short Selling. Didn't expect them to act so swiftly.
1 posted on 07/15/2008 5:13:10 PM PDT by TigerLikesRooster
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To: TigerLikesRooster; Uncle Ike; RSmithOpt; jiggyboy; 2banana; Travis McGee; OwenKellogg; 31R1O; ...

Ping!


2 posted on 07/15/2008 5:13:33 PM PDT by TigerLikesRooster (kim jong-il, chia head, ppogri, In Grim Reaper we trust)
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To: TigerLikesRooster

I thought naked short selling was already illegal.


3 posted on 07/15/2008 5:15:10 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: TigerLikesRooster
This thread is useless without pictures. ;^)

Drill or get off the Hill. ... call Nancy Pelosi @ 202 - 225 - 0100

4 posted on 07/15/2008 5:17:12 PM PDT by TigersEye (Drill or get off the Hill. ... call Nancy Pelosi @ 202 - 225 - 0100)
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To: TigerLikesRooster
No Naked Bunjee Jumping!


5 posted on 07/15/2008 5:17:57 PM PDT by Recovering_Democrat (Just say NObama!)
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To: TigersEye

SEE POST 5.


6 posted on 07/15/2008 5:18:16 PM PDT by Recovering_Democrat (Just say NObama!)
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To: Recovering_Democrat

Yeah. What I said!


7 posted on 07/15/2008 5:18:57 PM PDT by TigersEye (Drill or get off the Hill. ... call Nancy Pelosi @ 202 - 225 - 0100)
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To: Moonman62

“I thought naked short selling was already illegal.”

That’s what Cramer said this evening(I don’t follow his advice)and added that it’s a problem because the govt won’t enforce the existing laws against naked shorting.


8 posted on 07/15/2008 5:32:10 PM PDT by vietvet67
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To: TigerLikesRooster

The entire practice of short selling, naked or otherwise, as described in that article, sounds immoral and shady at best, and downright fraudulent at worst.

How can you sell something you “borrow”? Even better, how can you sell something you haven’t even “borrowed” in the first place?

I tell you what, how about some of those traders let me “borrow” their Mercedes SEL..


9 posted on 07/15/2008 5:40:33 PM PDT by TheBattman (Vote your conscience, or don't complain about RINOs!)
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To: TheBattman

Short selling is not immoral or wrong in the least... You are obligated to return the borrowed shares at some point in the future,, the shares you are selling are borrowed from someone elses margin account and it is the brokers responsibility to verify that there are sufficient shares available to be borrowed, although they usually defer checking until their compliance officer starts riding the trading desk... as we have seen the brokers have been ignoring the rules for a long time...


10 posted on 07/15/2008 5:58:53 PM PDT by Neidermeyer
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To: TheBattman
Shorting borrowed stocks is legal--that's how shorting is done. Naked short selling is selling when you have hot borrowed the stock from your broker. The problem is that since it has not been borrowed the possibility exists that two people are selling the same shares. Naked short selling is already illegal. The SEC is now choosing to enforce it. Note that they are only enforcing to protect their buddies, the investment banks, not the small and mid cap companies that have been killed by this practice for years.
11 posted on 07/15/2008 6:04:26 PM PDT by FightThePower! (Fight the powers that be!)
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To: Recovering_Democrat
I have a lot of free time sometimes. Never that much.

/johnny

12 posted on 07/15/2008 6:14:02 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: TigerLikesRooster

These hedge funds are snakes. They all deserve to die a harsh death. Likewise for the greedy, over-paid managers, advisers and key personnel. ‘Off with their heads!,’ shout the peanut gallery.


13 posted on 07/15/2008 6:20:38 PM PDT by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan
Looks like big boys are eating one another.
14 posted on 07/15/2008 6:32:13 PM PDT by TigerLikesRooster (kim jong-il, chia head, ppogri, In Grim Reaper we trust)
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To: FightThePower!

“Note that they are only enforcing to protect their buddies, the investment banks, not the small and mid cap companies that have been killed by this practice for years.”

My thoughts exactly.


15 posted on 07/15/2008 6:34:33 PM PDT by Cedar
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To: TheBattman
How can you sell something you “borrow”? Even better, how can you sell something you haven’t even “borrowed” in the first place?

You can sell borrowed securities in just the same way you can use borrowed money from the bank. So long as you come up with the securities (or the loan payments) at the agreed-upon times, it's all good. In the short sale, the borrower bets that the share price will go down, while the lender bets that the share price will go up.

Your analogy to the Mercedes SEL automobile doesn't work because cars generally depreciate in value. Securities can go up and down in value.

Now, naked short selling is a bit questionable...I'll agree with you on that.

16 posted on 07/15/2008 6:34:42 PM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: vietvet67
It is only legal if you are long.
17 posted on 07/15/2008 6:36:23 PM PDT by Freedom of Speech Wins
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To: TigerLikesRooster

What a joke. The SEC for two years has denied naked short selling even occurs. Now they are going to tackle the problem. The lies out of Washington are coming hard and fast as they look for scapegoats. All the beaurocrats are starting to cover their ass.


18 posted on 07/15/2008 6:44:51 PM PDT by spyone
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To: TigerLikesRooster; M. Espinola; Travis McGee
The truth is that short selling has been out of control for decades. Short sales are used by WS to hide money laundering for drug cartels and the Russian mob. Ruining a great nation's economy is unforgivable. These greedy bastard all deserve to be lined up and shot by firing squad IMHO.

Economist Nouriel Roubini had been complaining about the financial markets for over three years. Greedy sheisters used to laugh at him. No one is laughing now. Instead, they are trying to hide millions (or billions) in overseas bank accounts. But those corrupt banks may fail, too. That is the problem with creating debt crisis. Crooks get often get caught in the avalanche . . .

Bloomberg TV Interview: Worst Financial Crisis Since the Great Depression and Worst U.S. Recession in Decades

All those bastards who were launching hacking attacks on me deserve to suffer, too.

19 posted on 07/15/2008 6:55:17 PM PDT by ex-Texan (Matthew 7: 1 - 6)
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To: vietvet67

Naked short selling is “legal” within parameters. The SEC has provisions that allow naked short selling as long as it is done because the clearing brokerage needs a couple/three days to cover the shares.

The problem is that the SEC has stubbornly refused to enforce the rule that the naked shorts be covered within the time periods that regulations require trades to be covered within, ie, three days. (eg, you buy stock, there isn’t sufficient capital in your account to cover the purchase - your broker will float you for three days, after which they’ll sell your position or charge you margin interest).

The SEC refusal to enforce rules on covering naked shorts has resulted in some absurd situations - small companies where the short interest exceeds the number of shares in circulation.

In the old days, owners of companies would demand delivery of certificates (ie, physical, paper certificates) so that their shares were no longer “held in street name.” When this was done, the short sellers would be forced out of their positions. Since the advent of completely electronic exchanges, this hasn’t worked as well.


20 posted on 07/15/2008 7:01:52 PM PDT by NVDave
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