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To: Bill from Wisconsin who wrote (95878)10/10/2006 8:24:38 AM
From: rrufff  Respond to of 122087
 
Bill from Wisconsin - you are a classic example of "my scam is ok, yours is not." You will defend scams on the short side and turn aside because you feel that every microcap is a scam.

I have repeatedly posted that penny scams hop on the NSScam bandwagon. Yet, that doesn't mean that the NSScam does NOT exist.

Grow a brain and some cahones, man.

You can come here and be applauded as an industry shill, defending the activities of hedge funds and MM's, but don't personally attack me.

Everything you said in your post could be said about hedge funds and the activities of MM's. The system protects the manipulators. The SEC does not have the resources or even the desire to go after scamming by hedge funds and MM's. Meanwhile, the shorties, claim that their scam is ok because of the Batman defense, and we saw how well that played out.

Bill - you play well with the hypocritical industry defenders here. So wait for the "Enterprise Crew" to defend your moronic post.

"My scam is ok, yours is not."



To: Bill from Wisconsin who wrote (95878)10/10/2006 8:32:55 AM
From: rrufff  Respond to of 122087
 
More scamming by those that Bill from Wisconsin defends in his cheesey monthly posts. MY SCAM IS OK, YOURS IS NOT.

Richard Sauer, Short Apologist in NY Times, Employed By Rocker Partners/Copper River

Location: Blogs Bob O'Brien's Sanity Check Blog
Posted by: bobo 10/8/2006 3:33 AM
My last blog was devoted to tearing apart the hypocritical and biased piece by an ex-SEC staffer, inexplicably published by the NY Times.

By one Richard Sauer.

The article stank to high heavens, and I smelled a big fat rat. As I dug around, I saw his appearance with Marc Cohodes back in 1999, in an interview. The rat meter spiked off the chart.

I saw the references to prominent and well known Rocker Partners short plays in his bio, and read with astonishment about how short sellers provided great info to him, and were heroes, friends of the SEC, etc. The meter now was pegged in rat zone.

So it was with no surprise that the NY Post did what I call a "soft break" of what was coming my way as well - that Richard Sauer is employed by Rocker Partners/Copper River.

Suddenly the characterization of those suing miscreants (alleging unfair business practices) as being anti-short-selling is clear. This wasn't a factual piece at all. It was a hit and smear piece, thinly veneered, along with a piece of rather clumsy hedge fund propaganda, by one of the funds that shows up in a surprising number of the SHO list stocks.

Huh.

Does it bother anyone that certain hedge funds seem to have an unusual sway within the SEC, and with prominent NY papers? Does it give anyone pause over what the subpoenas this ROCKER EMPLOYEE was denigrating under the imprimatur of the NY Times, could well have turned up? Does it not connect a lot of dots for anyone doubting that some hedge funds can get their spin published by the same papers that are so against any modification of naked short selling rules, and are so quick to call critics of the funds or the system the funds use, "kooks" and "loons?"

Everyone, perhaps we should let the NY Times know how much we appreciate them allowing Rocker/Copper to run full page propaganda pieces in that noble publication, sans the revelation that the guy slamming the companies suing a couple of hedge funds is IN one of the hedge funds!

How much more intellectually dishonest does this have to get for one to completely give up on the NY press as a whole? This is about the shiftiest episode yet - more shifty than when Herb "mistakenly" said that PMI was suing NFI, causing their stock to drop $4 or so before that "mistake" was corrected, at the height of a massive short attack - and where Rocker had bought millions of put options just a week or so before the huge article in the WSJ, AND THE SEC PROBE that amounted to nothing, gave the stock a 60% haircut.

This might as well have been written my Marc Cohodes, and been titled, "Why regulations that could land hedge fund asses in prison for years are bad."

No, instead, it went under the byline of a "former SEC" attorney, presumably highly credible and relatively unbiased.

Except that Cohodes is his new boss, and the spin being spewed was self-serving horse poop.

I either have an amazing instinct for duplicity, or just got lucky, because I actually have emails wherein I placed the odds in the higher end of the range that Sauer either had gone to work for SAC, or Rocker/Copper, given the agenda he was trying to advance, and the way he made a special point of attacking the issuing of subpoenas, and suing of alleged bad guys. There just wasn't any logical way to get to the destination he seemed hell-bent on getting to.

And now we know why. Follow the money. He is paid by the hedge fund that prompted the subpoenas being issued in the first place, and is being sued.

This is jawdroppingly slimy. Really. Unbelievable.

But not at all surprising.

They really must believe we are all dolts, and that these sorts of sophomoric attempts will have anything but a negative long term impact.

Let's review some of the statements by Rocker/Copper's employee now, in the new light of understanding:

"But if short sellers are friends to the S.E.C., the commission has been no friend to short sellers. The agency has saddled short sellers with trading restrictions and has looked the other way when companies have taken potentially illegal actions to silence short sellers’ criticism."

So why characterize a suit alleging unfair business practices - essentially writing and font-running biased research reports, and timing them to make illicit profits from your having advance knowledge of the timing and content - as potentially illegal actions to silence short sellers' criticism?

BECAUSE YOU NOW WORK FOR THE GUYS ACCUSED OF DOING IT!!!

""In addition, the S.E.C. staff has been willing, indeed eager, to pursue investigations against short sellers based on complaints from companies that the shorts have said mean things about them. One recent case made national news: the S.E.C. staff sent subpoenas to financial journalists suspected of using short sellers as sources for their articles — as if that were somehow improper."

Why try to change the reason for the subpoenas being issued - suspicion that some supposedly unbiased reporters were timing their articles and the content to help in stock manipulation-like trading - to "using short sellers as sources?"

BECAUSE YOU WORK FOR THE FUND ACCUSED OF DOING IT!!! And you are trying to rewrite history, and make this about something it was never about, to deflect the real reason the subpoenas were issued!


And people don't understand why the public doesn't trust the supposedly unbiased writing of those gracing the pages of the NY Times and the other fine, ethical, upstanding papers there. Gee. I wonder if that is because the guys involved in doing the writing WORK FOR THE HEDGE FUNDS? And as the subpoenas were intended to discover, the SEC wanted to know if any of the journalists subpoenaed also were working for hedge funds, one way or another... How dare they persecute those unbiased freedom fighters...

Nah. Who would be paranoid enough to believe that major financial icons would allow subpoenaed hedge funds to write propaganda pieces and place them in their pages, masquerading as expert commentary? Why, that would NEVER happen.

Right?

And it highlights why some hedge funds are untouchable by the SEC - they are the Commission's retirement employers. Who would go after the folks that will be paying you 10 times what you made at the Commission? But there isn't anything untowards going on.

I wondered aloud as to whether Sauer was writing about the bogus TASR SEC investigation, or bogus NFI probe, when he was discussing how helpful short sellers had been to the SEC, in my last blog. Now it appears that question really is a serious one. Who initiated those? Interesting question, no?

Did I mention what a farce this was becoming?



To: Bill from Wisconsin who wrote (95878)10/10/2006 8:42:23 AM
From: rrufff  Read Replies (1) | Respond to of 122087
 
Bill from Wisconsin can't see a SCAM staring him in the face because "his scam is OK, everyone else's is not."

STOCKGATE TODAY- A Matter of Selective Prosecution - October 5, 2006

by David Patch

For the 40 years or so, PIPEs - which stands for Private Investments in Public Equity - have become popular menu items for hedge fund managers and other institutional investors looking to beef up their returns. These private investors find small business issuers who are finding it difficult to raise capital and provide that infusion of capital at a cost of discounted stock shares. The shares take place as a “convert” at or near the time of the deal at which time the fund can sell those shares into the open market.

The PIPE deal has evolved over time into what has now become known as a toxic PIPE to the business issuer. In a toxic PIPE the private investor begins shorting the stock in anticipation of a stock decline associated with the undisclosed PIPE with the intent of using the discounted shares as the cover to the short position taken. The result of such activity is two-fold as the shorting can negatively impact the pre-convert stock value causing a higher level of shares to be issued in the convert and, the shorting will increase profit for the fund over the profits provided by the conversion of shares at discounted rates.

To the securities regulators this type of trading is illegal and recent enforcement activities against the private investors have escalated.

Since 2004 enforcement proceedings against hedge fund managers Hillary Shane, John Mangan, Jeffrey Thorp, and Bruce Lieberman have all taken place. The $7 Billion hedge fund HBK Capital is reportedly in negotiations with the SEC as is placement agent Friedman Billings Ramsey and the co-founder Emanuel Friedman over illegally trading ahead of PIPE placements.

But with these cases brought forward by the regulators there continues to be something missing; the executing broker-dealers.

Simplistically, a trade is only illegal if executed. Thinking about violating the laws is not a violation until acted out.

In the case of Hedge Funds, they do not execute trades on their own; they pay a commission just as we would to have a trade executed. In this case it was short sales executed with the “locate” consisting of shares that were not legally registered and available for the locate.

So who is responsible for the locate in a case like this?

That would be the executing broker. The executing broker must, by law, verify a locate or have reasonable grounds that they could borrow shares for delivery under T+3 guidelines. In each of the cases presented, locates were not entered into by the executing broker-dealer but instead the unregistered shares to be made available under the PIPE conversion was the collateral used to satisfy the short sale.

Problem being, the securities laws specifically identify this as illegal and thus the executing broker-dealer theoretically aided and abetted the fraud through the illegal execution of a short sale. Where are the regulators cracking down on the co-conspirators in the fraud?

Affirmative determination is a requirement every executing member must process through when a short sale is executed. Affirmative determination requires that there be a share located that can be borrowed upon execution in the process of settling a short sale.

In 2005 the SEC initiated Regulation SHO in which the SEC stated that settlement failure abuses associated with naked shorting could provide for added market leverage and be used to manipulate a stock value. That naked short comes from the sale of a security in which affirmative determination was not executed.

How the Securities and Exchange Commission can pass by the executing brokerage firms who administer these illegal trades, illegal trades the SEC freely admits exist, is inexcusable.

In a story released just yesterday TheStreet.com senior columnist Matt Goldstein broke the news that, “Hedge fund giant HBK Investments is looking at paying the biggest penalty yet in a two-year-old investigation of abusive trading in the so-called PIPEs market. “

The penalty being sought is rumored to be greater than the $16 Million already levied against Deephaven Capital for similar violations inferring that HBK’s abuses exceeds that of Deephaven. Goldstein also indicated that a single employee of HBK was being considered for a suspension although clearly more than a single individual is involved here. The SEC apparently willing to put on a show by walking a single pirate off the plank of a ship full of pirates.

Investors can only watch in disbelief and wonder how much longer this selective prosecution will persist. How much longer will the SEC provide a free pass to the industry members who aid and abet this fraud making it a viable option for hedge funds to continue to utilize?


Hillary Shane, John Mangan, Jeff Thorpe, Deephaven Capital, HBK Investments, are all associated with the hedge fund as the list will continue to go on and on. But since the crime was the actual execution of an illegal trade, where are the actions against those that executed the actual trade? The regulators have the evidence of the trades taking place so they also have the evidence of who and otr what firm it was that executed these illegal trades. It can't be rocket science after that, or for the members of the SEC can it? Where were the procedures and policies in place at the executing broker-dealers and the self regulating compliance departments required to insure laws were not being broken?


Answers to these questions will not be forthcoming as the SEC continues to make “liquidity” excuses about our capital markets? How much fraud are you willing to accept for liquidity? Former SEC Chairman William Donaldson asked that question in 2004 and ironically nobody has yet been willing to answer it.

Maybe a major scandal is the pre-requisite to the answer. The Dow is at new highs, how much can a scandal really hurt?

For more on this issue please visit the Host site at www.investigatethesec.com .

Copyright 2006