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Microcap & Penny Stocks : Naked Shorting-Hedge Fund & Market Maker manipulation? -- Ignore unavailable to you. Want to Upgrade?


To: kknightmcc who wrote (169)4/15/2005 1:00:15 PM
From: rrufff  Respond to of 5034
 
Wow - I didn't realize that you were a party. Feel free to post some of the highlights, including pleadings and docket and status here.

Overall, I don't have a lot of confidence in the legal system changing an entrenched structure. Judges don't like to rock the boat and will likely defer and claim the SEC is the one to make the rules given a very ambiguous history. They will hide behind ancient concepts such as privity of contract rather than change as an activist court.

I'd like to see all the money spent on lawyers, spent on lobbying Congress and the news media, as well as individual state politicians like Spitzer.

As an attorney, I have grown increasingly frustrated with how difficult it is to get anything done in court. It is probably the most inefficient arm of government and gradually becoming the most expensive.



To: kknightmcc who wrote (169)4/15/2005 1:12:09 PM
From: rrufff  Read Replies (1) | Respond to of 5034
 
Jeff Mitchell posted this interesting PR about a firm retaining an audited outfit. I'll post that and my response to him, which is in the next 2 paragraphs in italics.

I've seen several promotions for auditing that seem similar to the service offered in your post.

I'm wondering how they would operate and get information that is otherwise not generally available. I assume it would be through statistical assumptions and metrics. If so, what would be the next step? If it only provides a step up from guess work and speculation, it's not likely useful in court. It may be useful in a lobbying effort but I don't see that as being successful for individual issues for the reasons that you often bring up, i.e., individual otc bb stocks are easily attacked because almost by definition they are fledgling at best.


Re: 4/12/05 - [PVTD] Private Trading Systems, Inc. Engages Shareholder Intelligence Services

April 12, 2005 03:59 PM US Eastern Timezone

Private Trading Systems, Inc. Engages Shareholder Intelligence Services

SCOTTSDALE, Ariz.--(BUSINESS WIRE)--April 12, 2005--Private Trading Systems, Inc. (Pink Sheets:PVTD) announces it has engaged the services of ShareIntel (Shareholder Intelligence Services LLC) to develop and maintain accurate and meaningful analytics protecting the interests of legitimate PVTD shareholders. Private Trading Systems anticipates the relationship with ShareIntel will allow the Company to thoroughly monitor and control parties who might consider trading PVTD shares in an inappropriate, improper, or illegal-trading manner.

Private Trading Systems states it has an explicit fiduciary obligation to its shareholders and will utilize Shareintel's services to fully protect the interests of its shareholders. Any form of malfeasant activities directed at the Company's shares, or any attempts to electronically counterfeit the Company's shares via the sale of unregistered securities or as a result of non-exempt naked short selling will be aggressively pursued and reported. ShareIntel will monitor the management, acquisition, analysis, surveillance, and compliance aspects of all trading and related trading records of PVTD shares.

"Private Trading Systems is one of a rapidly growing number of companies that recognizes a fiduciary obligation to protect its shareholders by utilizing our unique and proprietary suite of online services and analytics," states David Wenger, President & CEO of ShareIntel.

About ShareIntel (Shareholder Intelligence Services LLC)

ShareIntel tracks ownership, trading activity and physical and electronic custody of client company shares. Proprietary software and analytics enable identification out of balance relationships among the entities responsible for recording and reporting share trades, ownership, and physical and electronic custody of such shares.

ShareIntel creates timely, detailed shareholder intelligence reports for management, identifying by individual, institutional and brokerage firm, who is buying, who is selling, who is a new shareholder and who has divested. Corporate records of issued and outstanding shares are reconciled with share positions held at brokerages firms and private custody.

About Private Trading Systems, Inc.

Private Trading Systems, Inc. has been created by the merger of Mesa Gold, Inc. with certain assets of Private Treaty Markets Limited of London, England. Over the past three years, and in partnership with Societe Bancaire Privee of Geneva Switzerland, Private Treaty Markets Limited has developed a comprehensive proprietary turnkey exchange offering for utilization in the trading of any asset capable of being assigned a CINS/CUSIP number. Private Trading Systems is in the final stage of approvals to complete the full consolidation and acquisition of the PTML shares.

Private Trading System's exchange offering must be approved in its final form by the Swiss Federal Banking Authority. The Company anticipates concluding this process within the next six months subject to certain elements not fully under its control. Certain key proprietary aspects of the design and operation of the exchange model are intended for process patent protection and, as a result, the Company will not disclose these elements until its patent counsel has completed and filed the fully documented and approved intellectual property protection with the U.S. Patent Office and parallel filings under the Patent Cooperation Treaty. Private Trading Systems anticipates announcing the selection and retention of its Patent Counsel within the next ten days.

The intention of the Company is to offer an "exchange environment" access to unique situations where it can provide a quick, effective route to a secure and clean electronic market for any financial instrument not currently able to avail itself of such a venue. This exchange incorporates a completely unique and proprietary integration of functions currently not found in one product offering anywhere in the world. The system is also designed to specifically preclude specific forms of illegal manipulative trading of any security for which it provides exchange services.

Forward Looking Statements

This press release contains statements that are "forward looking" and are made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995 and federal securities laws. Generally, the words "expect", "intend", "estimate", "will" and similar expressions identify forward-looking statements. By their very nature, forward-looking statements are subject to known and unknown risks and uncertainties that may cause our actual results, performance or achievements, or that of our industry, to differ materially from those expressed or implied in any of our forward-looking statements. Statements in this press release regarding the Company's business or proposed business, which are not historical facts, are "forward-looking" statements that involve risks and uncertainties, such as estimates and statements that describe the Company's future plans, objectives or goals, including words to the effect that the Company or management expects a stated condition or result to occur. Since forward-looking statements address future events and conditions, by their very nature, they involve inherent risks and uncertainties. Actual results in each case could differ materially from those currently anticipated in such statements. Investors are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date they are made.

The Company cannot assure that it will finally consummate the proposed final form of its acquisition of the final elements of Private Treaty Markets or that we will profitably integrate all of its business elements when and if the acquisition is completed in its final approved form.

Contacts

ShareIntel
Shareholder Intelligence Services
David Wenger, 203-838-5471
dwenger@shareintel.com
or
Private Trading Systems
Emerson Gerard Associates, Boynton Beach, Fla.
Jerry Jennings, 561-881-7318
mediareply@emersongerard.com

home.businesswire.com.



To: kknightmcc who wrote (169)4/16/2005 9:58:18 AM
From: rrufff  Read Replies (2) | Respond to of 5034
 
Very interesting paper by a Fordham U prof. Some of the highlights are the history of short selling, some background of Reg SHO.

footnote 8 was of interest 8 Placing false notices on electronic bulletin boards in Internet chat rooms is an example of the type of manipulative behavior that is difficult for regulators to monitor.

8 and employing trading strategies that impede the price formation process, such as naked shorting, wash sales, matched trades, and painting the tape, all of which
inject misleading trading information into the market, to move market prices in the direction that
benefits the manipulator. Illegal short selling, such as naked shorting, can distort market prices
by creating artificial supply-demand imbalances (Thel, 1994). Consequently, the securities laws
in the United States proscribe various restrictions on short selling that are designed to constrain it
so that it can not be misused to manipulate stock prices below the true asset value (Thel, 1994,
SEC, 2003b, 2004).

SHORT SELLING, DEATH SPIRAL CONVERTIBLES, AND
THE PROFITABILITY OF STOCK MANIPULATION

John D. Finnerty
Professor of Finance, Fordham University
March 2005

Abstract

The SEC recently adopted Regulation SHO to tighten restrictions on short selling and curb
abusive short sales, including naked shorting masquerading as routine fails to deliver. This paper
models market equilibrium when short selling is permitted and contrasts the equilibrium with
and without manipulators among the short sellers. I explain how naked short selling can
routinely occur within the securities clearing system in the United States and characterize its
potentially severe market impact. I show how a recent securities innovation called floating-price
convertible securities can resolve the unraveling problem and enable manipulative short selling
to intensify.

The rest of the article is here: ncans.net