Found this on another board. It the report is right, I guess we are still waiting to see how big the naked shorting problem is. Hard to know what to believe at this point in time. I guess we will need to wait and see.
Neal
Stockgate: OTCBB Threshold Securities Listed But Hundreds 'Missing..
In Action'
Feb 11, 2005 (financialwire.net via COMTEX) -- February 11, 2005 (FinancialWire)
Kiwa Bio Tech Products Group (OTCBB: KWBT), Legacy Bank (OTCBB: LBOH), Law
Enforcement Associates (OTCBB: LENF) and Lifestream Technologies (OTCBB: LFTC)
are among some 112 over-the-counter bulletin board companies identified on the
most recent NASDAQ "Threshold Security List" mandated by U.S. Securities
and Exchange Commission Regulation SHO.
The list, at nasdaqtrader.com , purportedly lists
all those companies, for which over a period of five consecutive settlement
days, there are aggregate "fails to deliver" at a registered clearing
agency of 10,000 shares or more, and the levels of fails is equal to at least
1/2 of 1% of the issuer's total shares outstanding. The site has recently begun
listing additional securities under separate spreadsheets, further confusing the
true numbers.
The list, which is the latest in the ever-widening Stockgate scandal, has
created some controversy, with hundreds of stock symbols disappearing since the
initial posting in mid-January, 2005, and with many detractors claiming the list
is barely the tip of the iceberg, missing hundreds of companies that have been
subjected to alleged naked short selling, as well as not consistent with a
paper, "Strategic Delivery Failures in U.S. Equity Markets" published
under the aegis of the SEC.
The referenced working paper by University of New Mexico Professor Leslie Boni
was initiated while the author was visiting financial economist at the SEC.
She termed the "failures to deliver," which litigants have called
"counterfeiting," as being "pervasive."
The professor said that a whopping 42% of listed stocks at the New York Stock
Exchange, NASDAQ and AMEX, and 47% of unlisted stocks in the OTCBB and Pink
Sheets had persistent fails of 5 days or more with 4% being above the SEC's
threshold limits for failures.
The economist pointed to a study conducted by Evans, Geczy, Musto, and Reed in
2003 that provided evidence that while the SRO's have buy-in requirements, such
buy-ins almost never occur. She noted that an audit of one market maker showed
that all or a portion of shares in 69,063 transactions during 1998-1999 were
"fails to deliver."
"The market maker was bought-in on only 86 of these positions," she
stated.
Yet NASDAQ (OTCBB: NDAQ) was recently listing only 123 companies on the NASDAQ,
OTCBB and Pink Sheets, which together comprise the overwhelming bulk of public
companies traded in the U.S. The list changes to some degree each day.
The original list had identified 520 securities, including the stocks of 57
recent PIPE issuers, according to The PIPES Report, in an article headlined
"SHO What?." That list had 379 traded on the NASDAQ, Bulletin Board and
Pink Sheet markets, 68 on the AMEX and 73 traded on the NYSE.
The report quoted Merrill Lynch (NYSE: MER) global equity trading specialist
Mary Ann Bartels of suggesting "increased volatility" and "extended
rallies" in small and mid cap stocks could result, Rhodes Analytics
highlighted 33 NYSE and 63 NASDAQ "dangerous shorts" which analyst Bill
Rhodes believed are "vulnerable to squeezes which could last through the
middle of February, when the initial phase of Reg SHO-mandated buy-ins of
threshold stocks are expected to peak?"
But a funny thing happened. The 379 NASDAQ threshold stocks included only 24
bulletin board stocks, along with 56 NASDAQ-traded stocks and a whopping 254
Pink Sheet quoted stocks, which the Dow Jones (NYSE: DJ) Newswires was quoted as
saying happened to be "every fully-reporting company traded on the Pink
Sheets."
Professor Boni's report showed that "during three random market days inlate
2003 and early 2004 that almost 60% of the stocks on the Bulletin Board and Pink
Sheets had persistent settlement failures," according to The PIPES Report.
"Among the 1,790 OTCBB and Pink Sheet stocks with failures, the average
level of delivery failures equaled 1.56% of outstanding shares ' almost three
times the level that would trigger threshold status under Regulation SHO."
In a December 13 conference call, Richard Bernstein, Bear Stearns' (NYSE BSC)
senior managing director of operations, told the firm's brokers that almost 800
OTCBB and Pink Sheet securities would exceed threshold levels.
Although every single reporting Pink Sheet stock was listed, the list included
less than 1% of the 3,200 Bulletin Board companies. And several de-registered
companies with no trading activity were also inexplicably included.
I don't really think the list is complete," Jeffrey Meyerson, vice president
at Crown Financial was quoted as saying. "I don't think they got everything
done in time for the deadline."
For an explanation, an SEC spokesperson told The PIPES Report to check with
NASDAQ, and NASDAQ pushed off queries to the NASD, who just didn't respond."
An even bigger surprise than the lack of suspect companies on the list, however,
was the sudden disappearance of 270 stocks in one day, including all but one on
the Pink Sheets and all but nine now on the OTCBB, which, according to The PIPES
Report, suggests "that a settlement crisis several years in the making,
affecting the most under-regulated and least compliant sector of the public
equity markets, had been resolved in less than a week without executing a single
mandatory buy-in."
General Electric's (NYSE: GE) NBC Dateline, which is purportedly preparing a
major expose of the Depository Trust and Clearing Corp., and the alleged almost
$1 billion in "borrowed" ' some say counterfeited" ' certificates
that have reportedly been lent out above the legal issued shares by hundreds of
companies, and the Christian, Smith, Wukoson and Jewell, and OQuinn, Laminack
and Pirtle legal challenges being filed for dozens of such companies, is also
reportedly looking into the threshold securities that can only be described as
"missing in action."
In an appearance now archived on StreetSignals (http://www.streetsignals.com),
Christian/O'Quinn legal expert C. Austin (Bud) Burrell, said that the firms have
filed some 15 actions, including key formative lawsuits for Sedona Corp. (OTCBB:
SDNA), NanoPierce Technologies (OTCBB: NPCT), Datascension Inc. (OTCBB: DSEN),
Eagle Tech Communications (OTC: EATC) and Hyperdynamics (OTCBB: HYPD).
Burrell said the lawsuits allege a vast conspiracy to manipulate all stocks, and
"provide substantive proof of manipulation." He said that the suits
allege 7,500 companies have been bankrupted since November, 2000, by illegal
naked shortselling and conspiratorial manipulations, resulting in a loss of $17
trillion in market cap, "greater than all the losses in the 1929 market
crash."
He said that shares are electronically counterfeited by the stock borrow program
which the Depository Trust and Clearing Corp., owned by the New York Stock
Exchange and the NASD, acquired in its purchase of National Stock Clearance, and
then misused its "stock borrow program" to create, through its
"nominal ownership provisions," a no-limit "and illegal"
hypothecation system that results in revenues of almost $1 billion annually.
He said naked short sales were outlawed by Sections 5 and 6 of the 33 Securities
Act, due to their contribution to the '29 Wall Street Crash, which was followed
by ten years of depression.
Burrell told the StreetSignals audience that the DTC "nominally owns $22
trillion in stocks and bonds." He said it even lends out certificates
acquired via ERISA and retirement accounts that are "not eligible" for
such lending, and is a violation of Federal Reserve margin rules.
He said the failures of oversight by the SEC and the Congress in this matter are
massive, and continue to contribute to overseas money laundering, organized
crime, and financing of terrorism.
The threshold list as present constituted is both "unexplained and
unexplainable," added Burrell. He alleged that "the SEC instructed the
NASD to remove Pink Sheet stocks from the list," and criticized them for
their lack of transparency or explanation.
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