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


To: pcyhuang who wrote (3349)3/30/2008 2:56:14 PM
From: dvdw©  Respond to of 5034
 
Feed back in 3 parts to the SEC Proposed anti fraud provisions must begin here; This may be the most important post; it won't be clear immediately, but the story between the dates will unfold according to rules.
When I came here I understood the meaning of A markets Float is the Sum of its parts, depicted at any given time by the total legal authorized Free Float.

As you know; I've always maintained that All action happens against the Float. This remains an undeniable fact.
Going forward we'll use this data in variable context replies, in each consecutive post, I will be replying to this post.

The story begins in March 2000

March 2000 had 22 trading days.
There were 4947 companies trading stock in the Nazdaq during March 2000.

Total Monthly exchange volume was 44,682,703,641
The Total Volume was done using trades 54,601,890
Of The volume Block Vol was 15,240,913,856
The block Volume was taken with block trades 603,487

Move forward to March 2008 reporting 10 days of trading.

Avg # of Companies trading; 3259

After 10 Days Total Volume has been 23,809,484,352
After 10 days Total Trades used 89,501,577
After 10 days Total Block Vol has been 2,800,718,127
After 10 Days Total Block trades used 83,205

Before I offer more, everyone might think about these above data sets......your thoughts, are welcome at my yahoo mail.
Take as much time as you need. But do think about the math of the market, from every possible parameter.

The data depict the physical manifestations of intent, as expressed by the movement of the physical. the sum of the fabric is the data, but the sums are all about relationships between varying conditions. Identifying what conditions changed, how they changed, and who changed them, are all contributory elements of the relationships between price and volume.

Participation is tied to what? As the data themselves are generated, the sum of any days trade accumulates, by itself, any single piece can be valuable to the story of the relationships between the parts. In isolation, the same data can appear to mean absolutely nothing.

Relationships, once participation occurs, become intertwined to intent. All Action happens in the Passing of time.

The two periods depicted must be understood with respect to what Changes across the contributory factors.

Because we can know, that components of the gross complex data, within each time period, changed; gross participation, price, fabric, all factors subject to nuances but held completely to the sum data. Time separates the gross data sets. Time contains the all differences between the price highs and lows.

We must also acknowledge the data sets are incomplete, asking what is the missing information?

Is it primarily about changes in participation? Quantity? Value? Or any of a hundred other things not yet imagined?

The data of any day contains sums, but meaning is derived from understanding as snapshots, of all participants extrapolated paths. Divided by the variables associated with constituent parts by level of participation.

Ultimately, the daily data accumulate against the physical limitation of supply.

The broker dealers facilitating transactions, are really no different than the distributor whose purpose is to allocate supply of any physical commodity, across gross demand of disparate participants. Movement of the physical within the contexts of the instructions of distributive interests compounded by the relationships of financing.

Alternative paths of facilitation open and close with respect to the period Time.

Identification; is about relationships, with respect to the sum reported data, expanded or contracted, by participation, manner and methods of facilitation, and any missing information.

All Action happens in the passing of time against the relative float constant. Your SEC systems need to be amended to reflect the Float relative constant of every public security......until you do this, your blowing smoke up everyones ass, because it is the laws governing issuance, that all subsequent trading is derived. No law or rule can circumvent this fact.

you already know that approx 41% of the markets float is owned by Pension/retirement funds? And you know that approximately 34 % of the markets float is owned by mutual funds? So, 75% of the markets float is claimed by the above categories of owners....Those shares are not participating in the daily market by some % above 90%.

This leaves 25% of the markets gross float, as random ownership spread across include individual Investors, hedge Funds, small business, and company equity ownership, traders, and insiders. This is a pittance of gross supply, and price is subject to the maintenence applied facilitating ends which are a complete fabrication of the net balance of ownership.
Accumulated short interest legal or not accumulates without any response to new demand.

What disconnect exists in the above depicted data?

This my friends, is a huge disconnect, its the difference between fantasy and reality. The data do not compute. they equal a sum larger than the legal authorized shares, issued by the market complex.

This brings us to the source of the disconnect.

Overbought and Oversold.......these terms encapsulate the markets continuing operations and the fundamental fraud that occurs everyday against, individual investors, the source of this threads avocation.

I would welcome anyone to submit any clarification to my above offered description which targets Overbought and Oversold as the primary method of operation, by which broker dealer and trade interests, conduct thier daily operations against the legal float of the market.



To: pcyhuang who wrote (3349)3/31/2008 9:14:10 AM
From: rrufff  Respond to of 5034
 
What is interesting is that many of us have often commented that naked shorting falls under general anti-fraud rules such as 10b-5, while industry defenders, self-styled "crusaders" that patrol these boards would deny this. The SEC would make a specific rule under this proposal.

Although abusive ‘‘naked’’ short
selling as part of a manipulative scheme
is always illegal under the general antifraud
provisions of the federal securities
laws, including Rule 10b–5 under the
Exchange Act,3 proposed Rule 10b–21
would highlight the specific liability of persons that deceive specified persons
about their intention or ability to deliver
securities in time for settlement,
including persons that deceive their
broker-dealer about their locate source
or ownership of shares.4 We believe that
a rule highlighting the illegality of these
activities would focus the attention of
market participants on such activities.
The proposed rule would also highlight
that the Commission believes such
deceptive activities are detrimental to
the markets and would provide a
measure of predictability for market
participants.

All sellers of securities should
promptly deliver, or arrange for delivery
of, securities to the respective buyer and
all buyers of securities have a right to
expect prompt delivery of securities
purchased. Thus, the proposal takes
direct aim at an activity that may create
fails to deliver. Those fails can have a
negative effect on shareholders,
potentially depriving them of the
benefits of ownership, such as voting
and lending. They also may create a
misleading impression of the market for
an issuer’s securities. Proposed Rule
10b–21 would also aid broker-dealers in
complying with the locate requirement
of Regulation SHO and, thereby,
potentially reduce fails to deliver. In
addition, the proposed rule could help
reduce manipulative schemes involving
‘‘naked’’ short selling.

. . .

B. Concerns About ‘‘Naked’’ Short
Selling

We are concerned about persons that
sell short securities and deceive
specified persons about their intention
or ability to deliver the securities in
time for settlement, or deceive their
broker-dealer about their locate source
or ownership of shares, or otherwise
engage in abusive ‘‘naked’’ short selling.
Commission enforcement actions have
contributed to our concerns about the
extent of misrepresentations by short
sellers about their locate sources and
ownership of shares. For example, the
Commission recently announced a
settled enforcement action against hedge
fund adviser Sandell Asset Management
Corp. (‘‘SAM’’), its chief executive
officer, and two employees in
connection with allegedly (i) improperly
marking some short sale orders ‘‘long’’
and (ii) misrepresenting to executing
brokers that SAM personnel had located
sufficient stock to borrow for short sale
orders.



Electronic Comments

• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/proposed.shtml); or

• Send an e-mail to rulecomments@
sec.gov. Please include File
Number S7–08–08 on the subject line;
or

• Use the Federal eRulemaking Portal
(http://www.regulations.gov). Follow the
instructions for submitting comments.
Paper Comments

• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.

All submissions should refer to File
Number S7–08–08. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(http://www.sec.gov/rules/