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Pastimes : MANIPULATION IS RAMPANT --- Can We Stop It? -- Ignore unavailable to you. Want to Upgrade?


To: Raymond Duray who wrote (550)8/9/2002 5:19:06 PM
From: Dave Gore  Read Replies (1) | Respond to of 589
 
COMMENTARY ------ How "Shorts" Tank Stocks in this Market

[FWIW -- Some of you know all about this, but I thought I would post it anyway for those who do not. Note that I am not talking about the many honest "Shorts" out there who do honest DD and play fair. I am speaking to the manipulators who use rumors, analysts and the media to manufacture or over-blow concerns. Also note that 3-5 years ago this happened in reverse with "Hypes" making up rumors to get the price of a stock up by "hook or crook"]

******

I have been investing for over 20 years but seldom have I seen a Market full of so many amateur traders or so prone to panic. It is so easy and profitable to play the “panic” game and that’s exactly what some vicious “shorting” institutions and Hedge Funds are doing.

Here's how it often works.

1) A major group or institution targets a stock that may be about to announce earnings and “shorts” it. Sometimes they wait until after the announcement. If the earnings are bad, great! But if they aren’t, it doesn’t necessarily matter. Why? Because they have ammo ready to start a panic anyway. And it's all courtesy of this "Sell First - Ask Questions Later" market and all the panic-prone small traders out there.

Indeed, sometimes a company that reports good earnings can work better for them, because if they are successful in turning the stock down, traders then freak. “Something strange must be wrong if they reported great earnings and the stock is going down”. The unknown fills them with fear and doubt that something must be going terribly wrong behind the scenes. It's often very effective and dirty.

2) If the earnings are pretty good or even very good (witness ESST a couple quarters ago who beat by 6 cents), the "Shorting" group often will let it go up after-hours, but soon a rumor is started to help start the "tank."

The bashers on Yahoo, that are sometimes part of the plan, get busy. Don't forget the media. Their every-ready reporters are fed a "spin" on why the stock is tanking. It could be the ol' standbys like “they may have cooked the books”, possible credit issues, asbestos liabilities, fear of competition, downgrades, or any over-exaggerated or scary-sounding concern. It may even be something that was used last quarter to tank the stock after earnings. [witness ACF or ESST]

3) But I get a little ahead of myself. The rumors start on the trading floors first and the small traders get very nervous as he/she sees the stock tanking. “What the H@*! is wrong, they yell, there's no news is there?" "The earnings were great, the guidance was good, what the f*!@" is going on? The small guy who bought for a quick “pop” because of a good report and good fundamentals, gets very nervous. Meanwhile message boards like Yahoo may be running rampant with paid and unpaid bashers posting in capital letters that the “STOCK IS GOING BUST”. “MUST BE ACCOUNTING FEARS – WATCH OUT”, “Bad News Coming” or some other emotionally-charged message. The Soap Opera has begun.

4) The next day, some analyst firms may take advantage of the rumors by having their analyst issue a “Downgrade” with the purpose of fueling the panic, so either their company’s “short” positions are taken care of, or the stock is pushed down to way oversold levels, so they can get their clients in cheap.

5) On message boards, a few small traders may try to bravely support it for awhile, but most often simply cave in later than the rest. Fundamentals are now being totally ignored because people believe they don't matter. The stock is now in full panic mode.

The stock may start to recover near a major whole number, only to tank again later or the next day further. People who placed stop-losses just below support only give the MM’s an excuse to go down and get them. MM’s also take advantage by wildly moving the bid/ask so that they can take advantage of those selling or buying “at the market”.

6) Finally after a day or two or three, most of the selling may finally become exhausted. It usually takes more than a few hours. Reason and common sense finally return and/or “shorts” cover or institutions who downgraded get their clients in “long”... and up we go! Often the small guy gets in late hoping to catch a big run, just as the big guys are getting their clients out. Again, more frustration.

7) Often several weeks or months later the stock is much higher than it was before the tank started. It turned out to be much about nothing, all manufactured or overblown. This happens time and time and time again. And the small guy falls for it over and over and over.

A RECENT EXAMPLE
ACF was a good example during Aug. 7 and 8. They came out with record earnings again for the umpteenth quarter in a row. Perhaps a bit strangely, two major firms “downgrade” the stock even though they only cut EPS forecasts by 1% and even though the forward PE (by their calculations) was less than 3! You might have thought they might rate the stock "cheap on valuation." By no, they want to fuel the panic.

By the way, the analysts who downgraded only cut full-year 2003 earnings by 5 cents (i.e. reduced the earnings for 2003 from $4.55 to $4.50 but that was enough. People just saw the word "Downgrade" and freaked. Never mind the PE was already near 3 and it had typically been 10-20 during the last 5 years.

Of course, then bashers on yahoo shouted concerns about delinquencies and “cooking the books”. Not surprisingly, it was the same thing that shorts have said every time they targeted this stock. I know, because I went back and checked. In fact, last October 2001, the bashers posted about serious delinquency concerns. They said the company was going under. A few weeks later they stopped posting altogether and the stock ran from $15 to $46 over the next 4 months. Strange? Well, not really, they do it all the time on stock after stock that had good earnings reports and forecasts - KG, ADVP, SGR, ACF, ITRI, EMBX, etc.

Anyway, I digress. On Aug. 7th, 2002, ACF tanked from $17 to $12 by day’s end after the good earnings report. Then Aug. 8th it tanked from $12 to $9.25. Then, of course, after the small guys had been thoroughly frustrated and "panicked-out" time and time again, the stock stabilized and ran back up to $12.50, closing at about $12.25. It had run up over 30% from the low of the day. Ironically enough, fundamentals mattered again.

THE MORAL
The moral is be careful if you play the “game”. Emotions cause wild swings and patience plays a big part, both on the buy and sell side. Newbies should stay away if they can’t control their emotions.



To: Raymond Duray who wrote (550)8/15/2002 2:04:04 PM
From: Dave Gore  Respond to of 589
 
OPTIONS MANIPULATION ----- Look at this! Here we go again!

Yet another example of what looks like certain manipulation. You think the options writers on the QQQ's want the Market to stay put right here, so options they wrote expire worthless? It happens all too often.

Data from Thursday 2pm EST:

Message 17881990



To: Raymond Duray who wrote (550)9/19/2002 2:48:14 AM
From: Dave Gore  Read Replies (2) | Respond to of 589
 
1516 Individuals Complain to SEC on illegal MM Short Selling

To:Dave Gore who started this subject
From: The Vet Thursday, Sep 19, 2002 12:47 AM
Respond to of 12442

Comments on SEC Concept Release: Short Sales

The following information was submitted by 1516 individuals to the SEC

Subject: Short Sales (Release No. 34-42037; File No. S7-24-99)

Comments: I am writing you this letter to show that I am in favor of the proposed Concept Release (No. 34-42037; File No. S7-24-99). It is known that the life blood of a small company is access to capital for creation and growth. It is also known that investors who place funds in such companies expect and deserve protection from fraud and manipulation. Small business is a critical building block for jobs and wealth in our economy. MMs have steadily been selling more shares than they have bought, defying the laws of supply and demand, solid company fundamentals and favorable company press releases, resulting in plummeting stock prices. The laws of supply and demand have been denied and investors deprived of fair value. Meanwhile, the company valuation of stock has been greatly reduced and with it, access to investment capital for acquisitions and growth.

The MMs are supposed to provide a fair market trading mechanism, yet ,when they become invested through shorting, they actually have a vested interest in seeing the price fall. This practice must be brought under some form of control.

The Securities Act provides certain protective language as it relates to investors. Section 15A(b)(6) of the Securities Act says that the rules of a national securities association must be designed, among other things to prevent fraudulent and manipulative acts and practices and to protect investors and the public interest, and perfect the mechanism of a free and open market. Section 15A(b)(11) requires that association rules be designed to produce fair and information quotations, and to prevent fictitious and misleading quotations. In spite of the intent expressed by these two sections of the Securities Act, and unlike the Nasdaq, NYSE and AMEX, MMs are not required by the SEC to disclose short positions on OTCBB stocks.

The MMs can short, even naked short, at will with no checks and balances on OTCBB stocks. This leaves the OTCBB listed companies prey to market manipulation on a scale only limited by the greed and imagination of the MMs. The MMs just keep selling the targeted companies stocks with the idea that they will never have to produce real shares. Their apparent goal is to force the company to fail by depriving it of working capital and discouraging investment. It is my belief billions of dollars are being stolen from investors in this manner. For the MMs, it's a wonderful business; sort of like selling insurance, but never having to pay claims. They get the money, but have no expense or expectation of delivering anything tangible in return. This unfair and counter productive practice cannot go on.

MMs must be held accountable by requiring mandatory disclosure of MM short positions on all OTCBB listed stocks. In this manner, excessive shorting can be made known to the investing public, monitored for excess and corrected by the SEC/NASD. Then and only then can investors in these stocks be treated with the appropriate protection against fraud and manipulation.

sec.gov