To: Magrathea who wrote (215070 ) 10/26/2006 5:24:07 PM From: Magrathea Read Replies (1) | Respond to of 275872 The author of the "Darkside" presentation is Dr. Patrick Byrne, CEO of Overstock.combobosrevenge.blogspot.com Dr. Patrick Byrne of OSTK has finished the second installment of his groundbreaking, "Dark Side Of The Looking Glass" animated slide-show presentation, and it is stunning (it is on the upper left side of the screen at Businessjive.com). an interesting comment from the blog:the PURPOSE of Reg-SHO was to INTRODUCE the grandfather clause. The grandfather clause could never be introduced on its own, so it was wrapped in the tasty and candied shell known as Reg-SHO. antandsons.com Overstock and Patrick Byrne Continue Naked Short Selling Jihad, 11/8/2005...According to the Financial Times, Refco (NYSE: RFXCQ) has over ten billion dollars worth of securities sold, that have not yet been purchased. It is rumored that these dollar amounts represent massive naked short sales, currently under review by major regulatory bodies. The same Refco that went bankrupt. When looking into the Securities and Exchange Commission legislation that should be able to enforce naked short sales, Regulation SHO, with its threshold security list, appears to be a miserable failure. This can be shown through Overstock's presence on the list for well over 100 straight days. In an exclusive interview that Ant & Sons conducted with the President of Overstock.com, Dr. Patrick Byrne, said that he agreed. Rebuttals: from:http://www.dtcc.com/Publications/dtcc/mar05/naked_short_selling.html A Q&A "Puff piece" with the @DTCC newsletter and the DTCC General Chairman Larry Thompson. <edit>@dtcc: One of the allegations made in some of the lawsuits is that the Stock Borrow program counterfeits shares, creating many more shares than actually exist. True? Thompson: Absolutely false. Under the Stock Borrow program, NSCC only borrows shares from a lending member if the member actually has the shares on deposit in its account at the DTC and voluntarily offers them to NSCC. If the member doesn’t have the shares, it can’t lend them. I added this piece for two reasons. One is the denial of Byrne's contention that naked short selling causes counterfeiting of stocks. But it doesn't say that. Thompson denies the "Stock Borrow program" results in counterfeiting. Naked Short Selling is when you sell and make no attempt to borrow. So it is a change-the-subject denial. The following series of statements I view a pure flim-flam. In bold is my emphasis:Thompson: Currently, fails to deliver are running about 24,000 transactions daily, and that includes both new and aged fails, out of an average of 23 million new transactions processed daily by NSCC, or about one-tenth of one percent . In dollar terms, fails to deliver and receive amount to about $6 billion daily, again including both new fails and aged fails, out of just under $400 billion in trades processed daily by NSCC, or about 1.5% of the dollar volume . The Stock Borrow program is able to resolve about $1.1 billion of the “fails to receive,” or about 20% of the total fail obligation. Oh, I see.... 0.1% of transactions. But 1.5% of dollars. Then FTD are not randomly distributed across all transactions. FTD's happen more commonly on large transactions. Not a 'Mom & Pop' type of trade. Good heavens. What check clearing house could long stay in business with a record even 10x better? Our elections have better accuracy. Some more flim-flam here: There can be any number of reasons for a “fail to deliver,” many of them the result of investor actions. An investor can get a physical certificate to his broker too late for settlement. An investor might not have signed the certificate, or signed in the wrong place. There may have been human error, in that the wrong stock (or CUSIP) was sold, so the delivery can’t be made. Last year, 1.7 million physical certificates were lost, and sometimes that isn’t discovered until after an investor puts in an order to sell the security. There are literally dozens of reasons for a “fail to deliver,” and most of them are legal. [wait for it..] Reg SHO also allows market makers to legally “naked short” shares in the course of their market making responsibilities, and those obviously result in fails. We can’t do anything about them but what we are doing: that is, report all fails of more than 10,000 shares in any issue to the marketplaces and the SEC for their action. All the emphasis on the 'investor' when the market maker is really to blame and there is "nothing they can do about it". And just what are these 'market making responsibilities' of an MM to sell shares the MM doesn't have and cannot borrow at a price lower than what other people ask? -Magrathea