To: Jeffrey S. Mitchell who wrote (102048 ) 12/28/2007 2:42:18 PM From: Jeffrey S. Mitchell Respond to of 122087 More replies from Anthony Elgindy... I will attempt to reply to a few of the comments made Re: In reponse To Anthony Elgindy ragingbull.quote.com To Anthony Elgindy By SteveM on 12/27/2007 6:38 AM A short sale should not be a sale at all. It should be a separate bet with a counter-party on the stock movement without causing a stock price movement in itself. Counterfeitting a share ALWAYS increases supply without registration of that share. This is manipulation and is illegal. Bet on stock movement with your buddy, your broker, your therapist. But adding a single share to the float is fraud. >>>> The entire issue isnt creating a share that "doesnt exist", the share DOES exist and as you all would agree, can be "loaned" to another party, who can then sell it to another party who has no idea he just purchased a share that was borrowed by someone who has a differing view of where the stock is headed..... If someone can borrow as a share and sell it to someone else, that certainly differentiates a share of stock from just about everything else one can buy and own...This goes right back to the point that a share of stock is only a small piece of the picture, the entire picture includes ALL investors and the fact that each one of them is a potential shareholder, so as far as they are concerned their rights are to know as much as possible about any given stock..If the only way they can get the most amount of information in the most efficient and useful way is to make every share that trades on the market involuntarily "borrowable" than that is exactly what must be done. Those who buy a share of stock in a public market do so because of all the disclosure requirements and rules that allow someone to buy a piece of a company without the need to spend a ton of money or hire a lawyer or an accountant, to see what the company's value really is. Its these rules of the market-place that should make MORE information available not LESS. Reg "SHO" creates a vacuum of critical information. No American is entitled to the right to be able to sell their property to just anyone for any reason, yet that exactly what the proponents of "SHO" are saying..They want the right to sell their shares to an even greater fool than they are...Its the greater fool theory that prevailed in the internet bubble days of past, and here we are again, this time immersed in a bubble composed of "scam companies galore." Its a joke and the biggest loser isn't me, its all of you. By making every single share available to every other market participant to either buy, borrow, or short, the market wins because each share is now available to be carefully scrutinized, that scrutiny will either add or not to the pool of information available about any given stock at any given time......If I see a stock and investigate that stock and deteremine its not over-valued I'd be a fool to short it. The bottom line is this, if a share exists and it's issuers want their shares to trade on one of our public markets, they have to abide by the rules and those shares must be made available to ALL the market's investors, not just the ones who wish to dump their shares at the highest price possible to some other "fool". Furthermore, the argument that everyone has a right to protect their property from those who wish to destroy it or take it is simply not persuasive, because you are buying a publicly traded share that gets passed around a zillion times to a zillion different people and the rate of that activity is typically determined by what the company not only says but what they actually accomplish. Therefore the issuers of these shares have another duty to the rest of the market-place and NOT just the person who happens to own it at a given moment. A share of stock isnt like buying a rare vase that you can wrap in an American Flag and snuggle with every night, all warm and cozy infront of your fireplace, its not the same kind of property. Nobody would agree to buying a car, loaning that car to a dealer, who thinks that car is junk, and then letting that dealer sell the car to someone else who has no idea that he just purchased a car that was loaned. To further demonstrate that these types of "property" are distinct, it should be noted that this new owner of this junky car, also believes that the car is his and he is free to do what he wants with it, meaning that he too can also decide to loan that car out and the cycle can repeat over and over and over without any end in sight.... The current "borrow" system is a sham and its a sham that must be reversed. Q :: "Steve, I have no problem with the legal short sale process. The short sale does add the necessary safeguards in a system that would otherwise fall to the bubbles we saw in the late 1990's. The issue is that the short sale regulations have flaws we call exemptions and those exemptions have created the loopholes for abuse. Notice that the biggest abusers are those who understand Wall Street and how operations work. Elgindy, Fiero, Hedge Funds, etc...all came to understand that the markets could not differentiate between an exempted fail and a non-exempt fail so the firms erred on the side of exempted. Once the overloking was understood the abuses began.""" A: >>>>Please spare me , what the hell is an "exempted fail" and a "non-exempted fail"...What does that mean ?? Is that like "justifiable homicide" as opposed to the illegal kind ?? Why are we giving market-makers a pass and then not demanding equal access ????? Prior to reg "SHO" I bet over 95% of all "naked short-selling" was done by NASDAQ market-makers, of which I was one myself.. Now its up to 99% thanks to reg "SHO".. How the hell do we sit by and let NASDAQ market-makers do exactly what the public should be able to do ??? How can we sit here and say what they do is "exempted" but if I or you try to do it, it's "non-exempted" ???? Its absurd.......The bottom line is that we the public need more info about each stock that trades, and allowing each share to be made available for scrutiny is the only way that will happen.