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#1 2009-05-26 15:30:32

Richard 1939
New member
Registered: 2009-05-26
Posts: 2

Shares after Company is Dead

Question for Dr. DeCosta:

A company is forced into bankruptcy and finally dies and a Judge rules that a fund be established against a brokerage firm and said funds are to be distributed to share holders of record. Does Abusive Naked Short Selling (ANSS) in that particular stock inflate the number of shares above the number of authorized shares and if so, how can the court reconcile those that are valid from those that are bogus and is it possible that innocent individual investors might receive zero dollars and some of the "fraudsters" could receive some of the fund distribution because the Judge is not up to speed on ANSS?

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#2 2009-06-01 18:37:54

Fred
New member
Registered: 2009-05-22
Posts: 4

Re: Shares after Company is Dead

This has always been a puzzle for me.  What is a shareholder of record?  If I own a share in street name, am I a shareholder of record, or is Cede & Co. the shareholder of record?

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#3 2009-10-10 11:15:37

drjimdecosta
Moderator
Registered: 2009-07-25
Posts: 3

Re: Shares after Company is Dead

Hi Fred, sorry about the long delay in answering your question.  The "shareholder of record" for all shares held in "street name" is the name entered into the transfer agent's official "record of ownership".  In the case of shares held in "street name" it is "Cede and Co." which is the "nominee" of the DTCC.  Although this is "efficient" from a speed in transaction processing point of view it is very problematic because of the abuses made possible as it turnsout that the "legal owner" of a security can and will do anything it wants with that which it legally owns.  The purchaser of the shares becomes the lowly "beneficial owner" way down the totem pole.  On Wall Street "Cede and Co." legally owns the shares for the benefit of its NSCC "participating clearing firm" who owns it FBO its "introducing" broker" who then owns it for its client the purchaser or "beneficial owner".  This structure does circumvent the need to execute "deed-like" instruments for each securities transaction but it is rife for abuses.  dr. d

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#4 2009-10-10 11:35:18

drjimdecosta
Moderator
Registered: 2009-07-25
Posts: 3

Re: Shares after Company is Dead

Hi Richard, I believe I know which case you're referring to.  In abusive naked short selling (ANSS) crimes neither the number of shares "authorized" nor the number of "shares outstanding" change.  The DTCC often cites this fact and then proffers that therefore there is no problem.  The DTCC once put out a 13-question "self-interview" and the above assertion was the answer to one of the questions.  I did a paper critiquing that interview and it it took me 28 pages of text to outline each outright lie, misrepresentation, falsehood, etc. being asserted.  The key to understanding how the crooks pull off these crimes is to understand "the ultimate paradox" and the concept of what a "security entitlement" is and how UCC Article 8 mandates they be treated.  Trust me, it is the most brilliant form of fraud conceivable.  Wall Street has enough complexity to it to allow sophisticated crooks to illegally refuse to deliver that which they sell to us and actually gain access to our funds.  The key is to get educated and be able to look through the cloud of dust they create.  Any crime as obvious as refusing to deliver that which you sell and still be allowed to gain access to the funds of the buyer can't be done in the light of day.  You need a certain level of complexity to provide the darkness needed.  The judge in the case you cite needs to be very well versed in the concept of "security entitlements".  If there is money to be dispersed I think all investors will get their pro rata share.  With the "anonymous pooling" used at the DTCC all shareholders get the same format of a monthly brokerage statement.  Note that it doesn't say you are the legal owner of "X" amount of shares.  Instead it says that your firm is "holding long" "X" amount of shares.  A "long position" has nothing to do with "share ownership".  Technically you beneficially "own" a pro rata share of that which your particular clearing firm got good delivery of and is sittingin its NSCC "shares" account which may not be very much in the case of certain clearing firms but the judge will know this.

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#5 2009-10-13 17:42:41

drjimdecosta
Moderator
Registered: 2009-07-25
Posts: 3

Re: Shares after Company is Dead

Judd and I are having difficulties posting my research.  Stay tuned, dr. d

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#6 2009-10-15 16:39:47

Richard 1939
New member
Registered: 2009-05-26
Posts: 2

Re: Shares after Company is Dead

Thank you for your response Dr. DeCosta.
I was beginning to wonder what was causing the time delay on answers being posted in these Deep Capture Forums. I have received my settlement since originally posting my question. In between that time I formally communicated with the judge and he gave me the courtesy of a response, that he was having difficulties in reconciling the distribution phase. He eventually solved that difficulty to the best of his ability. I posted my original question in this forum because I rightly or wrongly assumed that it might be "Abusive Naked Short Selling" (ANSS) that was causing the delay in distribution. I will never know, but I can't help but think so. I sincerely thank you for your dedication to solving these riddles that continue to rob & steal the funds of the average investor. Let no one read between the lines of this posting ............ I am grateful for the outstanding efforts of Patrick Bryne, Mark Mitchell and yourself. The NASS problem will eventually be solved. I am continually amazed at what courage you all continually exhibit.

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