VeraSun Energy Failures to Deliver vs. Share Price

    verasun ftds VeraSun Energy Failures to Deliver vs. Share Price
    =================================================================
    I suppose I should write something brimming with wit and brio about the chart above, but since 500 people lost their jobs today as VeraSun declared bankrupcy, I think I’ll skip that and just state the point like the crescendo of a dry old economics class:

    A price is a combination of of information about value and scarcity, and because some folks likely manipulated the scarcity in VeraSun, they likely manipulated the price. Thus VeraSun was likely deprived the ability to access the capital markets at the true market-clearing price for any securities offering for at least the last year, and maybe for longer. Say what some will about its business model, its adventures in corn futures, the virtues of corn-derived ethanol (not a big fan myself), etc., the point is that those capital allocation decisions are something the market should figure out, not “something the market should figure out but one side gets to sell and fail to deliver over and over and over.”

    Interestingly, we don’t even know what happened with the fails during the third quarter because, as the SEC explains right now, tonight, on their website, in this choice little nugget:

    “V.1.11. Can I obtain fails information?

    “Currently, threshold lists include the name and ticker symbol of securities that meet the threshold level on a particular settlement date. Some investors have requested that the SROs provide more detailed information for each threshold security, including the total number of fails, the total short interest position, the name of the broker-dealer firm responsible for the fails, and the names of the customers of responsible brokers and dealers responsible for the short sales. The fails statistics of individual firms and customers is proprietary information and may reflect firms’ trading strategies. The release of this information could be used to engage in unlawful upward manipulation of the price of the securities in order to “squeeze” the firms improperly. “

    This post was written by:

    - who has written 162 posts on Deep Capture.

    I am a concerned citizen who has been focused on systemic instability since 2004.

    Contact the author

    97 Responses to “VeraSun Energy Failures to Deliver vs. Share Price”

    1. Fred says:

      Well, this SEC statement totally ignores the question of why they don’t publish the numbers more often, say semi-monthly like the short interest data, and sooner after the data is available, also like short-interest data.

      The can’t claim this delayed release is due to “proprietary” information. They just arrogantly ignore the question.

    2. lenofus says:

      500 people lost their jobs. Imaging 500 people, probably a couple here and there, going home to tell their families………”I’ve lost my job.”

      This is tragic beyond any words. When I was a kid, I remember my dad telling me that. How hurtful. But this, because some hedgefund needed a buck?

      Where are our regulators?

    3. Sam says:

      Where are our regulators? Going home to tell their families, “hey I tripled my income with a new job at a law firm defending hedge funds.”

    4. Sis. sTemi C risk says:

      Told you!

    5. Sean says:

      While we have been looking at the obvious, the bailout, the bonuses, the manipulations, the settlements, the volatile markets, one of the the biggest conduits to this who scheme has mosied along doing quite well for itself. Good NITE!!!
      Knight Capital quarterly net income up, revenue 32% higher

      Check it out for yourself and know that they are knee deep in this!!!

    6. re: NITE says:

      Being the largest market making firm NITE has the greatest visibility of incoming buy orders. When a buy order comes in for a young corporation they have “first dibs” on naked short selling into the order or bringing it to the attention of one of their cop-conspiring hedge funds.

    7. Hang_'em_High says:

      Wouldn’t it be great if the SEC required the Hedge Funds to publish their short positions? Didn’t the SEC back-out on requiring the Hedge Funds to publish their short positions recently?

      NOW, we all know why the Hedge Funds did not wish to have their short positions revealed – e.g. – VW having a massive short squeeze due to Porsche’s buying on the long-side.

      If indeed several Hedge Funds have a bear raid (massive short sales) of a company such as VW, then a large buyer could begin accumulating large quantities of shares on the long side – forcing a massive short squeeze. I applaud Porsche for forcing a massive short squeeze of the Hedge Funds – essentially beating them at their own game. THREE CHEERS FOR PORSCHE!

      Myself and thousands of other investors have been victimized by the bear-raiding short-selling Hedge Funds. And, now, we’re supposed to shed tears over the Hedge Funds on the losing end of massive short-squeeze in VW? I have never heard anything so laughable.

      I shed no tears – as POETIC JUSTICE is delivered from the long side via Porsche in favor of the long-side VW shareholders.

      What’s the latest SEC rule regarding forcing Hedge Funds to disclose short positions? Frankly, I would love to see more massive short-squeezes in the future!!!

      Hopefully one day a PRE-BORROW for all short sales will be required, and publishing of all short positions by Hedge Funds.

      Hang_’em_High

    8. rezurch says:

      this is exactly the point. The carpet bombing of a company’s shares is DESIGNED to hasten their demise by preventing them from having the time to right the ship. It’s kinda like having the 3 strikes rule but sending people to jail for 5 years for a parking ticket…

      The “free market” is designed to give the public the chance to punish companies that screw up by selling their stocks LEGALLY, but manipulation is the equivalent of giving a boxer brass knuckles and a Taser….

    9. Sean says:

      This story is going to hit Mass Media, Mainstreet Media next week. I can just feel it!! Herein lies the beginning of all of our Capital Markets Manipultions so these guys and their friends can get rich!! The Biggest Crooks on Wall Street ladies and Gentlemen I present to you non other that “Goldman Sachs” Read this article. I personally think that they are about to be exposed in a Major way!!! Just a hunch!!!

      http://www.thefaulkingtruth.com/Articles/Investing101/1084.html

    10. Opihi man says:

      This thread is completely off the mark.

      No publicly listed company should be dependent on access to public markets to fund ongoing operations. All stop.

      A company that must continually return to public markets to fund ongoing operations … is gambing with their viability. Aggressive shorting acts to keep them honest.

      Full disclosure: I’m not a hedge, and I generally don’t short. I’m an old school value investor. You won’t find me shedding any tears for VSE or it’s ilk. I may buy its bankrupt remnants and make something of it, but I’ll need new management and probably keep it private, where it should have stayed in the first place.

    11. Sean says:

      Opihi, please note that I agree with your statements, so much so that The Big Banks that will be getting 250 bill of our tax dollars and that are also dependant on selling shares like Morgan Stanley, Citi, Goldman, Bank of America et al. to survive should also suffer the same fate as VSE, don’t you think? Lets hear your opinion on that one big guy!! Is it he the thread off the Mark or just you? Think about this carefully now!!!

    12. Sam says:

      Ophi-is your brain aware of what your mouth just said? Why shouldnt a company be able to go to the public markets to fund ongoing operations? Many companies who do so, are then able to develop the business plan and propser. Many don’t. But, isn’t that the decision of the investor who decides whether to pony up or pass on the funding, rather than the hedge fund who makes the decision for all of us nimrods and floods the market with phantom stock destroying the company? Why are they judge and jury? If the company prospects are not good, buyers can see that and pass, if they see value, they can invest. There is no gun to anyones head. It is the buyers choice, not the shorter.

      So I guess if you owned a gas station, business is slow on your corner, but you have an idea to add a mechanic to increase business. Rather than be allowed to seek to sell partial ownership in your venture, you should be destroyed because your business model has yet to be fully developed, with the first round of financing.

      Its the old the ugly girl desreves rape argument, and it is as rediculous as the first time I heard it.

    13. Sean says:

      Ophi, this might help you bolster your argument!!LOL

      Banks borrow record amount from Fed- CNNMoney.com

    14. Sean says:

      Sorry link did not show up here is the article

      CNNMoney.com
      Banks borrow record amount from Fed
      Friday October 31, 10:21 am ET
      By David Goldman, CNNMoney.com staff writer

      With sources of credit still largely frozen, banks borrowed a record amount from the Federal Reserve in the past week, according to Fed data released Thursday.
      The Fed reported that commercial banks borrowed a record $111.9 billion a day, on average, from the Federal Reserve’s emergency lending window over the past week. That’s up $6.1 billion from the $105.8 billion they borrowed in the previous week.

      ADVERTISEMENT

      “Banks literally have an open checkbook to acquire cheap liquidity,” said Matt McCormick, portfolio manager at Bahl & Gaynor Investment Council. “Borrowing will continue until morale improves.”

      Investment banks, meanwhile, borrowed $87.4 billion a day, on average, down $23.9 billion from $111.3 billion a week ago. Some analysts believe that investment banks are borrowing less as the federal government gears up its program to invest up to $250 billion in banks.

      Meanwhile, legions of financial institutions have turned to the Federal Reserve for funds, as the traditional source of lending from private banks dried up after the collapse of Lehman Brothers in mid-September.

      “The last resort is always the Fed, and that’s where they’re going to,” McCormick noted.

      As a result, the federal government has instituted several programs aimed at easing funding concerns for banks and encouraging lending between financial institutions. These include measures such as lowering interest rates, injecting capital into banks and providing insurance on all non-interest bearing accounts.

      One such program, the Fed’s Commercial Paper Funding Facility, has helped lower borrowing rates and provided critical short-term financing to businesses in desperate need of cash. The Fed said it has bought up $143.9 billion in commercial paper since the program began Monday.

      Many of these programs have only recently come online, and analysts say it will take time for the new initiatives to reduce the lending stranglehold currently gripping banks.

      “The unprecedented amount of liquidity coming from the Fed and Treasury will find a home eventually, and that will be good for the market,” said McCormick. “It’s taking a bit longer than the industry wants, but down the road it will make a significant impact across the board.”

    15. Patchie says:

      Opihi man – you are aware that this economic crisis we are in involves the lack of lending capital. Lending capital implies insufficiencies in maintaining operations on capital on-hand.

      This $700 Billion bailout – and Congres responses to money areready provided is that teh banks are hoarding this money instead of LENDING IT OUT.

      Public Companies seeking capital can go to a bank or…they can sell into teh markets. happens every day. General Electric is raising $15 Billion by selling shares to the market.

    16. Sean says:

      This is just to show how ignorant the Ophi post above is AGAIN!!! I guess Barclays should just go Bankrupt also huh? Please if you are going to post here, do your homework first. Thanks

      Today, October 31, 2008
      – Crude futures fall below $65 in…
      1:03 PM ET | Marketwatch
      PPC Pilgrim’s Pride shares clobbered…
      1:01 PM ET | Marketwatch
      – Obama gets a “B,” McCain a “D” on…
      12:58 PM ET | Marketwatch
      TROW KBW downgrades T. Rowe Price and…
      12:50 PM ET | Marketwatch
      BCS Barclays to raise up to $11.9…
      12:48 PM ET | Marketwatch
      ERTS EA shares fall as video-game maker…
      12:46 PM ET | Marketwatch
      CMI Cummins shares fall as engine maker…
      12:36 PM ET | Marketwatch
      EYE Friday’s biggest gaining and…
      12:35 PM ET | Marketwatch
      – Italian air company won’t make firm…
      12:28 PM ET | Marketwatch
      – The promise of an Obama presidency
      12:20 PM ET | Marketwatch
      GLD Gold falls as dollar gains, set for…
      12:19 PM ET | Marketwatch
      – Social, energy issues dominate…
      12:10 PM ET | Marketwatch
      – Dec. crude falls 2.6% to $64.24/brl…
      12:06 PM ET | Marketwatch
      – Dec. natural gas gains 1.1% to…
      12:06 PM ET | Marketwatch
      AIG UBS downgrades AIG, but shares rise
      12:06 PM ET | Marketwatch
      – Restoring confidence in global…
      12:02 PM ET | Marketwatch
      KLAC Chip firms lead upswing in tech…
      12:02 PM ET | Marketwatch
      AXL Updates, advisories and surprises
      12:01 PM ET | Marketwatch
      Page of 513 Next >
      COMPANIES IN THE NEWS
      NYX 17
      BCS 16
      CVX 16
      BT 15
      ERTS 15

      Bars represent the number of news headlines or stories a company is mentioned in today. Click on a bar to go to the company’s news page. Barclays to raise up to $11.9 billionFont size: A | A | A12:48 PM ET 10/31/08 | Marketwatch
      RELATED QUOTES

      12:36 PM ET 10/31/08
      Symbol Last % Chg
      BCS 11.46 -15.80%
      Quotes delayed at least 15 minutes

      LONDON (MarketWatch) — Barclays on Friday struck a deal to raise up to 7.3 billion pounds ($11.9 billion) in fresh capital as the U.K. lender signaled its preference for cash from Middle Eastern royal families to the British government.

      The British government earlier this month required U.K. lenders to boost their capital either on their own accord or through government injections. See earlier story.

      “The capital raising announced today enables Barclays to meet the capital issuance plan agreed with the U.K. authorities following the decision by the FSA to increase the capital ratio requirements for all U.K. banks,” said CEO John Varley.

      On a conference call, Varley added the deal is in line with past moves to raise capital from China and Japan. “We want to ensure as we create relationships with these shareholders that we increase the opportunity for commercial activity,” Varley said.

      After initial gains, Barclays (BCS) shares turned lower, ended 12.8% lower to 179 pence.

      Investors and politicians alike were quick to note that Barclays is paying more to the Middle Eastern investors than it would have to the British government.

      Analysts at Collins Stewart, a U.K. brokerage, said Barclays wanted to keep its “self-determination.”

      Vince Cable, shadow chancellor for the opposition Liberal Democrats, called it a “scandal” and that Barclays was acting simply so that it could pay “massive bonuses to their executives. More than the other banks, Barclays operate a high-risk casino operation which makes the bank particularly unstable but which gives very rich pickings to the top executives.”

      Terms

      Barclays said it’s issuing 3 billion pounds of notes that carry a 14% coupon to Qatar Holding, a state-backed investment vehicle, and Sheikh Mansour Bin Zayed Al Nahyan, a member of the Abu Dhabi royal family. The notes will carry options for the issue of up to 3 billion pounds at a price of 197.775 pence a share.

      Barclays also said it’s issuing 2.8 billion pounds of mandatorily convertible notes to Qatar, Qatar Holding’s Chairman Sheikh Hamad Bin Jassim Bin Jabr Al-Thani, and Al Nahyan, as well as up to 1.5 billion pounds to existing institutional shareholders.

      The convertibles will have a coupon of 9.75% and will convert into equity at a price of 153.276 pence.

      Depending on conversion rates, Al Nahyan may become Barclays’ top shareholder with a 16.3% stake and Qatar may become number two with a 12.7% stake.

      The deal may take Barclays’s Tier One ratio up to 11.3% from 9.1%.

      Alongside the capital raise, Barclays released results saying nine-month pretax profit was slightly ahead of last year.

      Impairment charges grew at a similar rate as during the first half.

      During the third quarter, it’s going to take a write-down of 1.2 billion pounds. That will be offset by a 1.1 billion pound gain due to the changes in the value of its own debt; however, during October, that gain was virtually erased by a 1 billion pound move in the other direction.

      Barclays said it’s planning to resume dividend payments in the second half of 2009.

    17. ron doc says:

      If we know anything for sure now, with all we have gone through lately, it would be that Government which is supposed to help protect the citizen has instead joined in with all the rest of the rapist in a massive gang rape of the very ones it was charged with protecting!

      How can this end? Will the USA survive it?

    18. kd says:

      I had seen other alternative energy companies taken out in s similar fashion.

      The DeepCapture presentation indicated that biotechnology was a prime target of naked short attacks. Are there any indications that alternative fuel companies are also more prone to such attacks?

      http://blog.yintercept.com

    19. Hang_'em_High says:

      In the past few days, I posted the following message on just TWO (2) Yahoo Messageboards. I was very suprised to receive a violation email letter from Yahoo Administration stating that I was in violation of their rules. I guess that I “spammed” by providing links to the below websites on TWO (2) Yahoo Messageboards. Yahoo threatened to remove my Yahoo ID and Email priviledges if it happens again. I was shocked – considering that massive-quantities of websites are linked to Yahoo Messageboards daily.

      I will not post messages on Yahoo again that include the 2 weblinks, but I will not quit talking about the inequities created by the manipulative act of Naked Short Selling.

      Wonder why they chose to go after me?

      Here’s the precise verbiage of the message that I posted on TWO (2) Yahoo Messageboards in the past few days.

      BEGIN QUOTE:

      Speaking of the devil, it looks like (insert stock symbol) has had some of that evil Naked Short Selling in the past – evidenced by Fails-to-Delivers. It’s too bad that the Hedge Funds aren’t forced to make public their short positions.

      See this website:

      http://www.failstodeliver.com/default.aspx

      Here’s a link to a Houston law firm specializing in stock fraud and manipulation:

      http://www.csj-law.com/attorneys_jchristian.html

      END QUOTE.

      My conclusion is this — The perpetrators of Naked Short Selling have deeply-captured many forms of “Freedom of Speech” – including Yahoo Messageboard forums. Any comments about this? Anyone else experiencing the same squelching of “Freedom of Speech”?

      Abraham Lincoln said the following, I quote:

      “Those who deny freedom to others, deserve it not for themselves; and, under a just God, can not long retain it.”

      Given: Many readers of this blog know that the effect of Naked Short Selling contributed greatly to the current financial destruction of wealth in the stock markets worldwide.

      Solution: To effect changes in the laws, we must fight back PUBLICLY about the inequities of Naked Short Selling — in other public forums other than this very-revealing blog. The public must be informed about what is going on! Le’ts get the word “out” everywhere! Write about it…talk about it…get the word “out”! If Freedom of Speech is inhibited, then don’t give up — keep up the fight!

      Hang_’em_High

    20. Sean says:

      Please note how main stream media has twisted this to look like the ethanol industry is dying, and that is why the company went under. Pure Crap!

      Maybe ethanol is not such a good business after all. Stocks in the sectors were really darlings of the market a year ago. Now oil prices are back down and the price of corn is up, although not as much as it was in mid-summer.

      One of the two or three largest ethanol companies in the U.S., Verasun (NYSE: VSE) is filing for Chapter 11. According to The Wall Street Journal, “VeraSun made bad bets on the corn market over the summer as grain prices reached record highs.”

      Shares in the firm traded as high as $17.75 late last year. They had dropped to $0.34.

      The entire industry may face a restructuring now. It had built a tremendous infrastructure of new plants and shipping facilities assuming that ethanol would be “the next big thing” in the global fuel business. Corn prices moved up because farmers could not produce enough for food and fuel.

      The real giant in the industry is ADM (NYSE: ADM). It has moved up from a 52-week low of $13.53 to almost $21.00. The Verasun news could move the shares south again.

      Douglas A. McIntyre is an editor at 24/7 Wall St.

      Tags: ADM, corn prices, ehtanol, Versun, VSE

    21. Feedchipper says:

      Patrick’s petition actually received a signature today, the first one in a week or so. Why has this petition been allowed to die on the vine? Why is there no link to it on the Deep Capture home page or elsewhere?

      http://mainstreetamericans.info/

    22. Sean says:

      Based on the information available I would infer that, these crooks knew from the beginning of October 2007 that oil prices were going to tank (by their own manipulation of course) and they started to short this and other Ethanol companies from that point on. Please take a look at what happened to ADM during the same time frame. These guys are at it again in plain sight. Thanks for the heads-up Deepcapture. The media has already prepared the way ofr the manipulation of ADM downward. Just read the above link. I wonder what their fails in this time period would look like? They are going to take down another industry and just like THAT!!!

    23. Reporter101 says:

      SIFMA to sue if short-sale vote wins
      Naked short selling on South Dakota ballot

      By Sara Hansard
      November 2, 2008
      http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20081102/REG/311039962/1027/HEDGEFUNDS

      The Securities Industry and Financial Market Association will file a lawsuit against South Dakota if voters there approve a ballot initiative tomorrow that the group claims would effectively ban all short selling.
      South Dakota voters will become the first in the nation to vote on whether to ban “naked short selling” — an indication of growing pressure on the hedge fund industry to curb short-selling practices.

      Backers of the initiative are looking to bring the matter to a vote in other states as well.

      More pressure is coming from NYSE Euronext Inc. of New York, which is citing the concerns of companies listed on both the New York Stock Exchange and the Nasdaq Composite Index to push for a return of the so-called uptick rule.

      In order to profit from an expected decline in share prices, short-sellers borrow shares, sell them and then buy the shares back later, hopefully at a lower price. Naked short selling is based on the same principle, except that the seller does not borrow the necessary shares or even ensure that they can be borrowed.

      Critics charge that despite regulations against the practice, naked short selling is widespread and threatens companies whose shares are targets of speculators.

      The South Dakota initiative is an attempt to duplicate NYSE rules, “but put them into state law so we could have a state law action here in South Dakota,” said Mark Meierhenry, a partner with Sioux Falls, S.D., law firm Meierhenry Sargent LLP. Mr. Meierhenry, who sponsored the initiative, was attorney general of South Dakota from 1979 to 1986.

      “We don’t want to have to rely on regulators on Wall Street and courts in New York City because of cost,” he said.

      Financial services companies that operate in South Dakota would be required to have a contract to purchase a stock before they shorted it under the initiative, Mr. Meierhenry said.

      SIFMA thinks that if the initiative passes, it would effectively ban all short sales, said Travis Larson, a spokesman for the association, which has offices in New York and Washington.

      “The ballot has been crafted in such a way as to make illegal any short selling, naked or others, for firms registered to do business in South Dakota, which is every major national firm, almost all the regionals and many others,” he said.

      SIFMA would “immediately” take the issue to court to have the initiative overturned if it wins approval, Mr. Larson said.

      Mr. Meierhenry denies SIFMA’s contention that the South Dakota initiative would prevent all short sales. A SIFMA lawsuit to have the law overturned would be controversial because it would mean that the association would have to “align themselves with the crooks” in short-selling cases, he said.

      In 2006, the Utah legislature repealed a law that would have imposed severe penalties on brokerage firms that failed to deliver stock in short sales after SIFMA won a preliminary injunction in federal court against the state law.

      American Entrepreneurs for Securities Reform, based in Union, Mo., plans to offer initiatives similar to the South Dakota initiative in 18 other states that allow voter initiatives on the ballot, said Tim Mooney, a spokesman for the group. AESR is backed by Patrick Byrne, president, chief executive and chairman of Salt Lake City-based Internet retailer Overstock.com Inc., who has been a prominent critic of short-selling practices.

      “We’d prefer to do none of this if the SEC would simply enforce the law,” against naked short selling, Mr. Mooney said. More than 4,000 companies, including Overstock.com, have been listed by the SEC as not having their stock delivered on short sales, he said.

      These “fails to deliver” are an indication that traders shorted shares without having made the necessary borrowing arrangements.

      Scott Cutler: NYSE is not calling for a total ban on short sales, he says. Meanwhile, an Oct. 21 NYSE Euronext survey found that 60% of executives of publicly traded companies polled think that short selling harms their companies’ stock and stockholders. Conducted in mid-October, the stock exchange got responses from 438 executives of companies traded on the New York Stock Exchange and Nasdaq.
      “I don’t think at the New York Stock Exchange we’re advocating a total ban on short selling,” said Scott Cutler, senior vice president of the global corporate client group at NYSE Euronext. “We conducted the study to be clear and give our issuers the opportunity to voice their opinion on the issue.”

      WARNING SIGN

      But the report could be a warning sign that the powerful exchange will push for more restrictions, some say.
      “The nature of the report is a concern,” said Richard Baker, president and chief executive of the Managed Funds Association of Washington, The MFA, which represents hedge funds, is the group associated most with short selling.

      The MFA is evaluating the survey findings, Mr. Baker said.

      “We do want to formally engage the exchange to have a better understanding about the findings,” he said.

      But it isn’t surprising that executives of companies whose stocks may be shorted would want more restrictions on the practice, Mr. Baker said.

      Hedge funds and other short-selling traders argue that the two Securities and Exchange Commission emergency orders that banned short sales of financial stocks in September and October didn’t stop market volatility.

      According to an Oct. 13 report from Credit Suisse North America of New York, a unit of Credit Suisse Group of Zurich, Switzerland, stocks that were restricted under the SEC ban performed better than the rest of the market prior to the restrictions. The market dropped far more after the restriction was put in place than before, and stocks subject to the short-selling restriction fell along with the rest of the market when the restriction was in place, according to the report.

      UPTICK RULE

      NYSE Euronext primarily wants the SEC to reinstate the uptick rule, Mr. Cutler said, noting that 85% of the respondents to survey favored that approach.
      The rule, which was eliminated by the SEC last year, generally required that short sales be transacted above the price of immediately preceding sales. The rule was intended to reduce market volatility.

      “We have attempted to lead the industry to a broader, marketwide solution centered around the reinstitution of the uptick rule,” he said.

      Seventy-five percent of the respondents to the NYSE survey said that they want to prohibit short sales when markets are volatile.

      “It was pretty clear that corporate issuers, generally speaking, favor rules limiting short selling,” Mr. Cutler said.

      “The SEC has tightened its rules regarding short selling and increased liability for those who engage in short selling,” said SEC spokesman John Nester.

      SEC Chairman Christopher Cox has said he would be open to a price test for instituting circuit breakers that restrict short selling, but the commission hasn’t received a recommendation from the agency staff yet, Mr. Nester said.

      E-mail Sara Hansard at shansard@investmentnews.com.

    24. dr . d says:

      I just got asked by a securities attorney to summarize abusive naked short selling (ANSS) in 1 line:
      The absolute refusal to deliver that which is being sold followed by the mere “collateralization” of the delivery obligation with cash on a daily marked-to-market basis which allows the failure to deliver to be converted into a readily sellable “securities entitlement” that can be “continuously netted” out of existence by the NSCC’s “Continuous Net Settlement” system has nothing whatsoever to do with the “prompt settlement” of securities transactions mandated by Congress in Section 17 A of the ’34 Act.

    25. Sean says:

      Major short covering going on in VSUNQ formerly VSE ask I write!!!

    26. Unreal! says:

      Good idea! Let’s take away the only means available for an investor to make sure that what he bought did indeed get delivered and explain it away as increasing “efficiencies” in the system. You had to know this was coming after the SEC admitted that there were so many delivery failures in the system that they couldn’t be bought-in en masse without “market volatility” issues and therefore they needed to be “grandfathered in”. After “grandfathering in” didn’t work out due to the public backlash then burying the bodies in the desert becomes the next best cover up. This cannot be allowed to happen until after all preexisting archaic delivery failures are purged from the system.

      Physical Certificates Take a Step Closer to Extinction
      by Edward C. Kelleher

      Patrick Kirby, DTCC managing director, Asset Services
      The Depository Trust Company, (DTC), a DTCC subsidiary, has announced it will no longer issue physical certificates for withdrawals-by-transfer (WTs) for more than 5,500 issues beginning January 1, 2009.
      DTC plans to eliminate WTs of physical certificates for all issues that participate in DTC’s Direct Registration System (DRS). Instead, DTC will process these WTs in DRS statement form. This change is pending approval by the Securities and Exchange Commission (SEC). (About 1,550 additional issues are eligible for, but not participating in, DRS and do not offer the investor the opportunity to receive a DRS statement.)
      If permitted by an issuer, investors may take their DRS statement to their transfer agent and exchange it for a physical certificate.
      Electronic ownership
      DTC’s DRS is a book-entry system that enables investors to register their shares electronically with the issuing company or its transfer agents. Instead of a paper certificate, investors receive a statement of their holdings. In 2008, all the major and regional exchanges in the United States mandated that DRS become a listing requirement for all issues. (DTC is the only registered clearing agency operating a DRS.)
      “Eliminating the issuance of physical certificates by DTC in withdrawals-by transfer transactions is part of our overall dematerialization effort aimed at eliminating all paper certificates in the securities industry,” said Patrick Kirby, DTCC managing director, Asset Services.
      “With the exception of equity securities, virtually all investment instruments in the U.S. including municipal bonds, options and futures and U.S. treasury and agency securities have adopted the book-entry format, helping to eliminate paper and dematerialize the securities industry,” said Kirby.
      Paper costs
      Both the industry and the government continue to encourage dematerialization. The SEC has recognized that paper certificates are “inefficient” and increase “risk.” According to a 2008 survey by the Securities Industry and Financial Markets Association (SIFMA), more than 1.2 million certificates are reported lost, destroyed or stolen annually, costing the industry about $65 million to replace.
      Today, there are more than 7,500 issues eligible for DRS and more than 375 of these issues no longer offer the option of a physical certificate. DRS-eligible issues now account for 88% of all WTs submitted to DTC, and more and more investors are choosing book-entry ownership as opposed to physical certificates.
      Ready to dematerialize
      “DTC’s customers are committed to going paperless,” said Kirby. “In July 2008, for example, more than 44% of all WTs were processed as DRS statements rather than as physical certificates. That compares with just 20% processed as DRS statements a year ago.
      Cost is a driving factor in the move to DRS statements. Today, a WT that calls for a physical certificate costs approximately $125 more than a WT in a DRS statement, which costs about $6. In keeping with the plan established by DTCC’s Board of Directors and its Operating Committee, fees for processing physical certificates will continue to increase in coming years.
      Non-participating issuers
      For issues that are DRS-eligible but not yet participating, DTC plans to eliminate certificate withdrawals for these issues as of July 1, 2009. “We’ll continue to work with these issuers and encourage them to begin participating in DRS, but we’ll also work with the exchanges and regulators to strengthen the exchange listing requirements mandating that listed issues actively participate in DRS,” said Kirby.
      For the small number of issues that have not converted by July 1, 2009, WTs will be processed through DTC’s Exception/Rush WT process.
      “With these steps, we believe that WT volume should drop to fewer than 150 certificate transactions per day by the second half of 2009. Over time, this will also lead to a sharp drop in deposits of physical certificates. As that decline takes hold, we will move to curtail remaining services that support processing physical securities,” Kirby said. @
      Issue Index
      August/September 2008

    27. Fred says:

      It looks to me like DRS gives the same guarantees that a physical certificate gives. You are entered on the books of the company, you get dividends directly from the company, you vote your proxy directly with the company, and there can not be more DRS shares than are officially issued by the company.

      I don’t understand the objection.

    28. Hang_'em_High says:

      South Dakota’s Initiated Measure 9 on the General Election Ballot – was defeated.

      Here’s the language of Measure 9:

      http://www.voteyes9.com/measure9.php

      I wonder why the people of South Dakota voted against Measure 9? At the State Level, I understand that Measure 9 would have required Naked Short Sellers to actually borrow and deliver shares within 3 days. What’s wrong with forcing a “seller” to “deliver” what was sold???

      It looks like a clear victory for the Naked Short Sellers. Were the people of South Dakota just ill-informed about the issue? What happened? Do the people of South Dakota not realize that Naked Short Selling is a massive-manipulation of the financial markets, and Measure 9 would have helped to prevent this manipulation?

      I am frustrated that the Naked Short Sellers (Financial Rapists) have won yet another victory via the defeat of Measure 9 in South Dakota.

      The perpetrators of Naked Short Selling continue to financially-rape investors, as the plunge in the stock market continues.

      Any comments as to why South Dakota’s Measure 9 was defeated? Thanks.

      I am hoping to see justice one day…

      Hang_’em_High

    29. Charles says:

      I take it all who read this site are aware the DTCC have acquired LCH in the UK , Does anyone see any relevance in this ?

    30. Reporter101 says:

      The gift that keeps giving…and the screw tightens……

      Taxpayers may pay legal bills for mortgage execs
      By MATT APUZZO, Associated Press Writer Matt Apuzzo, Associated Press Writer – 1 hr 24 mins ago

      WASHINGTON – When the government took over mortgage giants Fannie Mae and Freddie Mac, taxpayers inherited more than just bad debts. They’re also potentially on the hook for tens of millions of dollars in legal fees for the executives at the center of the housing market’s collapse.

      With the Justice Department investigating companies involved in the mortgage and financial meltdown, executives around the country are hiring defense lawyers. Like many large companies, Fannie and Freddie had contracts promising to cover legal bills for their executives.

      When the Treasury Department delivered a $200 billion bailout to Fannie and Freddie, that obligation passed to the government, which may find itself paying for the lawyers defending the executives against the government’s own prosecutors.

      “Who’d have thought we might be on the hook for paying the defense costs when we’re also paying the prosecution costs?” said Doug Heller, executive director of Consumer Watchdog, a Santa Monica, Calif.-based group that has been critical of the financial bailout packages. “To defend the economy from the havoc that’s been created, we’re going to defend the havoc creators?”

      The Bush administration is working to avoid it. The Federal Housing Finance Agency, which controls Fannie and Freddie, said in regulatory filings that it soon will issue regulations spelling out exactly how such legal fees may be dolled out. The agency could prohibit some fees, but a broad prohibition almost certainly would lead to a costly court fight over who’s responsible for the bills when the Justice Department comes knocking.

      Fannie’s and Freddie’s contracts also cover legal fees from shareholder lawsuits. Taxpayers could be forced to pay those legal bills, too. If the shareholders win — if they can prove the companies were mismanaged — the government could be liable for millions of dollars to make up for the executives’ failures.

      It wouldn’t be the first time federal money intended to prop up the financial industry was used for unintended purposes. Days after it received an $85 billion federal bailout loan, the huge insurer American International Group Inc. spent $440,000 on an executive retreat with spa treatments, banquets and golf outings.

      Both Fannie Mae and Freddie Mac have been subpoenaed as part of the wide-ranging Justice Department investigation into the companies’ accounting, disclosure and governance practices. The two companies are key to the U.S. mortgage industry. After banks make loans to home buyers, Fannie and Freddie buy the mortgages from the banks so bankers can have cash on hand to make more loans and keep the economy humming. Fannie and Freddie then bundle those loans and sell them as mortgage-backed securities. The proceeds of those sales help buy more mortgages.

      In recent years, however, the companies purchased more risky, subprime mortgages. When the housing bubble burst and the subprime industry imploded, investors feared the risk of buying Fannie and Freddie’s mortgage-backed securities, making it harder for the companies to raise money.

      Combined, Fannie and Freddie own or guarantee nearly half of all U.S. mortgages. The Treasury Department stepped in to keep the companies from collapsing and taking the mortgage industry with them.

      Neither Fannie nor Freddie has said whether they already have advanced any legal fees to former executives. The companies are required to make general disclosures about such payments but only on quarterly corporate filings.

      When the government took over, Fannie Mae chief executive Daniel H. Mudd, Freddie Mac chief executive Richard F. Syron and the rest of the companies’ leadership was dismissed. All those executives would be entitled to have their legal fees covered.

      The obligations could easily stretch into millions of dollars. Both companies have promised to pay legal fees for all current and former board members, executives and employees charged or investigated in connection with their employment.

      Legal fees can add up quickly. After Freddie Mac restated its earnings in 2003, it became embroiled in several investigations and lawsuits. By the middle of 2005, the company had paid $16.8 million in legal fees for its executives and employees.

      Executives who are convicted of wrongdoing are required to give the money back. Those who are acquitted, who are merely witnesses or who are investigated but never charged do not need to reimburse the company.

      It’s impossible to determine how much money might be at stake. In taking over the two mortgage giants, the government pledged to spend up to $200 billion to keep both companies afloat. The amount the government actually will spend depends on how well the companies perform in a changing mortgage industry.

      With so much money at stake, defense attorneys are watching closely to see how broadly housing regulators restrict any future legal payments. The Fannie and Freddie contracts give the executives the right to sue to force the companies to pay their legal fees. If the executives win, the cost of those lawsuits gets passed to Fannie and Freddie, and potentially to the taxpayers.

    31. Fred says:

      Hang ‘em high

      The forces against the North Dakota initiative have unlimited resources. I would suspect tampering with the equipment that tallies the votes.

    32. Reporter101 says:

      Say it ain’t so ! Now, what about those US citizens on that list ?

      German Report: Deutsche Post CEO faces tax charge
      Thu Nov 6, 2:47 pm ET

      BERLIN – The former chief executive officer of Germany’s Deutsche Post has been charged with tax evasion, a newspaper reported Thursday.

      Klaus Zumwinkel, who resigned his position earlier this year after Bochum prosecutors opened an investigation against him, is accused of avoiding 1.2 million ($1.53 million) euros in taxes according to the charges, the Sueddeutsche Zeitung reported.

      Earlier in the day Bochum prosecutor’s spokesman Eduard Gueroff said Zumwinkel would be charged, but he was not available for comment on the evening newspaper report.

      A spokesman for Zumwinkel’s attorney could also not immediately be reached.

      Zumwinkel is the highest profile suspect in an investigation of tax evasion by German citizens using banks in the tiny tax haven of Liechtenstein.

      Tax officials and prosecutors started conducting raids inside Germany in February after the country’s intelligence service paid an informant as much as 5 million ($6.38 million) euros for a CD-ROM containing hundreds of names of people suspected of evading taxes by putting money in foundations in Liechtenstein.

      In July, prosecutors said they had already recovered 110 million ($140.47 million) euros in back taxes.

      At that time, they said 350 cases were under investigation and authorities are weighing investigations against another 420 people.

    33. LibBerte says:

      Charles,

      The coincidence did not escape notice.

      http://www.dailypaul.com/node/55223#comment-754909

      All is on schedule.

    34. Jaeger says:

      I see Circuit City has just filed for bankruptcy; how does/did it’s FTD statistics look?

    35. Hang_'em_High says:

      Jaeger,

      Circuit City (CC) was financially raped by the Naked Short Sellers in my opinion.

      See this website:

      http://www.failstodeliver.com

      The above website charts the Fails-to-Delivers (FTD’s) and also cites SEC raw data. Note that the SEC doesn’t release “real time” FTD data – but only releases delayed-data (quarterly).

      Currently, the average volume of CC is 4,414,490 shares. Note the following FTD’s by date per the website given above:

      6/23/08 — 1,242,840 shares FTD;
      6/24/08 — 1,001,326 shares FTD.

      Just imagine, about 20%+ of the daily shares failed to deliver (if the average daily volume at 6/23/08 & 6/24/08 was 4,414,490 shares).

      This is an OUTRAGE. How many of you have ever bought something at Circuit City? When are the regulators going to stop the financial raping via Naked Short Selling? Will this financial crime against investors continually be ignored?

      How many more companies will be destroyed by Naked Short Sellers?

      How many more lives will be torn apart after the companies they work for are driven out-of-business by Naked Short Sellers?

      I challenge everyone that reads this message to DO SOMETHING to stop these evil, financial criminals. I do not know the best course of action. I know the Federal Level is “deeply captured” it seems. So, I am working diligently to convince my State Legislators to write legislation similar to the Ballot Initiative Measure 9 in South Dakota. I could hardly believe that Measure 9 was “defeated” on November 4, 2008. The dark forces won – and the status quo has been maintained in South Dakota. I hope they try AGAIN! The vote was very close, but the dark side narrowly won.

      See the verbiage of South Dakota’s proposed Measure 9 at this link:

      http://www.voteyes9.com/measure9.php

      Folks, I am not an attorney. But, I believe a law in every state with verbiage similar to the above — would put an end to these Naked Short Selling criminals.

      I am applying pressure to write such a law in my state. And, I suggest everybody do the same in your respective state. The Naked Short Sellers must be stopped. So, declare war on them — and get the word out! Contact your legislators! Contact Investigative Reporters! If the public knew about this financial destruction of Naked Short Selling, and the destroying of retirement wealth, then they would be up in arms! So, it’s high time to write letters – and make phone calls, etc. The Naked Short Sellers must be stopped.

      I hope that I see justice in the future.

      Hang_’em_High

    36. Fred says:

      I suspect the unlimited resources of the bad guys were able to rig South Dakota election count.

      I can see no reason why a voter would vote NO on that measure.

    37. Hang_'em_High says:

      QUESTION: Which entities are the Top 10 perpetrators (financial rapists) of NAKED SHORT SELLING?

      The entire world of legitimate investors wants to know WHO is financially raping them.

      Please list the Top 10 perpetrators of Naked Short Selling.

      I hope to see justice in the future.

      Hang_’em_High

    38. Sean says:

      Goldman Saks
      JPMorgan
      Morgan Stanley
      Bank Of America
      Merrill Lynch
      Lehman Bros
      Bear Stearns
      Knight trading
      UBS
      Credit Suisse
      SEC
      DTCC

    39. Hang_'em_High says:

      Sean,

      Thank you sir for the Top 10 List!

      Every executive running those companies should be investigated for FAILS-TO-DELIVERS caused by NAKED SHORT SELLING of any publicly-traded security. Any entity artificially-suppressing prices of publicly-traded securities should be held accountable if settlement rules are not followed. I believe a forced BUY-IN by each perpetrator of Fails-to-Delivers would be appropriate — and, if more cash is required to fund buy-in’s, a seizure of personal assets of the executives of said companies would be appropriate – considering these executives were paid mega-amounts in salaries and bonuses. Furthermore, punishment including jail time and penalties should be assessed on the companies as well as all executives individually at each company.

      Tomorrow, a congressional hearing is scheduled to hear testimony of Hedge Fund Managers regarding their role in the financial crisis. I just wonder…. Will any member of Congress have the courage and guts to ask one of the Hedge Fund Managers if their company was involved in Naked Short Selling (Failing to Deliver borrowed shares in Trade + 3 days) after short-selling during the financial crisis? Or, will Congress just pucker-up and kiss-a$$ as a bunch of shills?

      We will find out tomorrow – if just one (1) Congressman asks the right question – and that right question would be a pointed, direct question about the financial damage inflicted by Naked Short Selling.

      Considering Dick Fuld, former CEO of Lehman Brothers, testified that Naked Short Selling was one of the reasons for Lehman’s share price fall, I would consider it a big missed-opportunity if not a one single member of the Congress did not ask a pointed question regarding Naked Short Selling.

      I hope to see justice in the future.

      Hang_’em_High

    40. Sean says:

      Hang em, my pleasure, I will be looking at the hearings on CSPAN tomorrow with great interest. I just think these guys are above the law and will get out of murder charges if they had to, because the can pay for the best lawyers money can buy. I just don’t see anyone being punished for all of these financial crimes. But there is always hope.
      p.s. read Mark Mitchells latest blog to see how brazen these guys are, they even have their own judges that justify and condone their criminal activities.

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    44. Sinkultawongrit says:

      (Typical slimy short selling FUD monger on Yahoo board)ACME is going down hard … going to be BK! Sell short, get rich!(/Typical slimy short selling FUD monger on Yahoo board)

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