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The changing face of short selling

questionA lot was said this past week in regard to the SEC attack on rumor mongering and willful misrepresentation of facts for the benefit of naked short sellers. One point that I'd like to make perfectly clear is this: The SEC's indicated desire to quash the spreading of false negative information by, and for the benefit of, manipulative short sellers, is nothing even remotely akin to a First Amendment issue. The First Amendment does not give protection to slanderers, liars, and sabotage artists. I'd also like to make clear my opinion that honest short selling is a positive, healthy, and necessary practice. I believe it helps to define and benchmark real value within the markets.

The Los Angels Times reported that SEC Chairman Christopher Cox may have his hands full in the wake of a measure that protects nearly two dozen large financial firms from naked short selling. The measure requires "anyone effecting a short sale in these securities (to) arrange beforehand to borrow the securities and deliver them at settlement." It's a rule that is long over due for enforcement and that shall most probably, at least temporarily, lay to rest some serious market abuses.

This issue now faces many critical questions. Here are some things I'd like to know: First, shall this move by the SEC be recognized as fair warning by naked short sellers, and if so, shall it change the face of things? How deep shall the SEC probe go? Are we to witness a full scale investigation with the promise of sanctions for market abusers? Can the SEC effectively track this whole thing down? Is the SEC sweep looking for conspiratorial conduct or simply seeking out a few anomalies? Bloomberg provides some clarification of the situation in light of the recent SEC subpoenas.

The balance of the third quarter will provide answers to most of my questions. I think the SEC probe might inject a much needed dose of confidence into the markets. I hope for and expect a heavy short squeeze cycle to rumble through Wall Street as the spreaders of negativity and falsehoods quite down. A nice round of purchasing on stocks that are heavily shorted against balance sheets that are sound should put a good wooden peg into the hearts of some of those nasty, naked short, blood suckers.

I can only hope that Christopher Cox has a motivated team that will dig very deeply. One needs only to read, with a measure of care, the Deep Capture Blog, in order to get a glimpse at how deep seated some of these manipulative short selling schemes may actually be. Unfortunately, though we probably will see improved trading conditions going forward, I think we shall see very little in the way of sanctions or reparations for the damage that has already been done. The good news here is that we might finally be able to stop pulling our hair out due to deep and unexplained drops in the share values of companies that are well managed and fundamentally sound.

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Last updated: October 11, 2008: 07:29 PM

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