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SEC intends to temporarily ban short selling
The Wall Street Journal (excerpt) (subscription required) ^ | September 18, 2008

Posted on 09/18/2008 4:46:35 PM PDT by HAL9000

Breaking News: SEC intends to temporarily ban short selling, but it's not clear if the commission has approved the move. Cox is briefing congressional leaders. Separately, the government is seeking congressional authority to buy distressed assets.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: economicpolicy; govwatch; intervention; options; sec; short; shorting; shorts; shortselling; stocks; wallstreet

1 posted on 09/18/2008 4:46:35 PM PDT by HAL9000
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To: HAL9000

There is no disaster so bad that the government can’t make it worse..


2 posted on 09/18/2008 4:47:48 PM PDT by xcamel (Conservatives start smart, and get rich, liberals start rich, and get stupid.)
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To: HAL9000

...it’s about time!!! Now FIRE COX!


3 posted on 09/18/2008 4:48:16 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: xcamel

Amen.

Government is not the solution; it is the problem. — RR


4 posted on 09/18/2008 4:49:42 PM PDT by Jim Robinson
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To: HAL9000

5 posted on 09/18/2008 4:49:59 PM PDT by ari-freedom (We never hide from history. We make history!)
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To: HAL9000

Don’t have a subscription so can’t view. But are they talking about simple shorting or naked shorting because the naked shorting ban went into effect today at noon on all listed securities.


6 posted on 09/18/2008 4:50:35 PM PDT by bereanway (Sarah get your gun)
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To: devane617

fire Obama and Barney Frank...you know...the ones who were actually responsible for this mess


7 posted on 09/18/2008 4:51:18 PM PDT by ari-freedom (We never hide from history. We make history!)
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To: HAL9000

I will not believe this until the sell short option disappears from the menu of my order screen.


8 posted on 09/18/2008 4:51:52 PM PDT by freespirited (Let's put Obama on eBay.)
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To: bereanway

Naked shorts was what I heard earlier...


9 posted on 09/18/2008 4:51:57 PM PDT by xcamel (Conservatives start smart, and get rich, liberals start rich, and get stupid.)
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To: bereanway

naked shorting was not banned. “abusive naked shorting” will be banned if the T+3 rule is not followed. they can still naked short, but they must cover in trade+3 days.


10 posted on 09/18/2008 4:52:23 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: HAL9000

We’re the government,and we’re here to help you.


11 posted on 09/18/2008 4:53:52 PM PDT by mdittmar (May God watch over those who serve,and have served,to keep us free)
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To: ari-freedom
fire Obama and Barney Frank...you know...the ones who were actually responsible for this mess

And Andrew Cuomo who got it rolling at Freddie and Fannie.

12 posted on 09/18/2008 4:53:56 PM PDT by FrdmLvr ("I don't know of a single thing Obama has done except talk and write". -- Newt Gingrich)
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To: HAL9000

Democrats have been on TV all day saying the government must take over the distressed mortgages and or restructure them so the struggling “middle class” homeowners don’t lose their homes. Middle class my butt. The middle class taxpayers will be the ones footing the bill for the government subsidised deadbeat permanent Democrat “victim class.”


13 posted on 09/18/2008 4:56:48 PM PDT by Jim Robinson
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To: HAL9000

Short selling or naked short selling? There is a huge difference.


14 posted on 09/18/2008 4:56:59 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: devane617

And what if they don’t? Where I grew up if a person tried to sell something he or she did not own, they were called a crook.


15 posted on 09/18/2008 4:58:36 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: HAL9000

P.S. Pretty soon we may be drinking that free bubble up and eating that rainbow stew;)


16 posted on 09/18/2008 4:59:08 PM PDT by mdittmar (May God watch over those who serve,and have served,to keep us free)
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To: Blood of Tyrants
Short selling or naked short selling? There is a huge difference.

The rumors are pointing towards a blanket ban on all short selling of bank shares, similar to what was implemented in the UK today.

17 posted on 09/18/2008 5:00:39 PM PDT by TXLibertarian (RIP Free Markets 2008)
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To: devane617

Cover in 3 days? ... no way, that cant be the rule. Only day traders would short stock if they had to cover in 3 days. Has to be something else.


18 posted on 09/18/2008 5:04:00 PM PDT by dartuser ("If you torture the data long enough, it will confess, even to crimes it did not commit")
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To: NVDave; HAL9000

Is it me or is this an indication of further drops in the market?


19 posted on 09/18/2008 5:04:44 PM PDT by B4Ranch (I'd rather have a VP that can gut a Moose, than a President that want's to gut our Second Amendment!)
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To: HAL9000
The government is temporarily banning the sale of shorts.

This was too funny. I just couldn't resist.

20 posted on 09/18/2008 5:04:55 PM PDT by seawolf101
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To: Blood of Tyrants

me too...it has been the rule all along, but the SEC has failed miserably to enforce it. i suspect if they do not follow the rule now we will se them perp-walked in an orange suit. also ny ag cumo is after them also. if i were a short seller, i wouldn’t.


21 posted on 09/18/2008 5:05:33 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: xcamel
This is a fine idea, and the Brits already announce it as far as financial companies are concerned, through next January.
22 posted on 09/18/2008 5:07:22 PM PDT by JasonC
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To: seawolf101

I was thinking about my Mini Me. Dangit. Now I’ll never get rid of him!


23 posted on 09/18/2008 5:08:36 PM PDT by Dogbert41
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To: xcamel

I hereby decree that stupidity be banned.


24 posted on 09/18/2008 5:09:42 PM PDT by babbabooey
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To: dartuser
http://www.theaustralian.news.com.au/story/0,25197,24367816-16941,00.html

The SEC has now introduced three new rules and they apply to the securities of all public companies. Short sellers and their broker-dealers will now be required to deliver the securities on the T3 settlement date (three days after the sale). If this requirement is violated, any broker-dealer acting on a short seller's behalf will be prohibited from shorting any further shares in the same security unless they are pre-borrowed. The SEC is seeking comment on this rule during a 30-day period and expects "further rule-making procedures" after that period. The SEC has also removed an exemption that was available to options market-makers and they will now be treated the same way as all other market participants and required to abide by the T3 delivery requirements. The SEC has also adopted a rule that makes it fraudulent, and a violation of the law, if short sellers deceive broker-dealers or any other participants as to their ability to delivery securities within time for settlement. The new rules apply until October 1 unless further extended.

25 posted on 09/18/2008 5:14:45 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: HAL9000

I disagree with this. Selling short is about taking risks and living with the reward or failure. It also puts pressure on companies to prove the bettors wrong.


26 posted on 09/18/2008 5:15:35 PM PDT by misterrob (Obama-Keep the Change!)
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To: HAL9000

Short selling is how papa Joe Kennedy made his family fortune during the stock market crash of ‘29. Wonder if they’ll cut Teddy some slack on the short selling ban this time around, just for old time’s sake.


27 posted on 09/18/2008 5:19:22 PM PDT by FrdmLvr ("I don't know of a single thing Obama has done except talk and write". -- Newt Gingrich)
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To: misterrob

rob, shorting was not banned. naked shorting will be watched closely. as long as you can cover your short position, it is perfectly legal.


28 posted on 09/18/2008 5:20:52 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: seawolf101

Nice pic, but I thought it was “naked shorts”???


29 posted on 09/18/2008 5:21:35 PM PDT by LibFreeUSA (..)
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To: devane617

OK, ... the short seller has to deliver the borrowed stock to the purchaser within 3 days ... but the short seller can still cover the short by buying the shares back any time he wants.

This makes sense ... but they should go one step further. All shares short must be accounted for. It is certainly possible that some entities would have more shares short than they have on hand to lend out. Make them balance the short book.

And extend this rule to the BB stocks too. There are almost no rules on the BB exchange and many penny stocks are easily manipulated.


30 posted on 09/18/2008 5:25:20 PM PDT by dartuser ("If you torture the data long enough, it will confess, even to crimes it did not commit")
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To: dartuser
I am almost certain that we will see heavy rules implemented soon against naked short sells. I feel that they should be able to cover the sell when it is made. Think about this: A short seller makes a deal for 1000 shrs of xyz company from abc brokerage. He then shorts the shrs of xyz thinking he has a deal to cover the 1000 short shrs. Now, abc brokerage either does not have the shrs of xyz, or has loaned them to someone else. Ops, the Short seller gets busted for a violation that was not their fault.

Major changes need to be made to current rules.

31 posted on 09/18/2008 5:31:00 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: bereanway

Naked shorting has been illegal for a long time. Happened anyway.


32 posted on 09/18/2008 5:34:56 PM PDT by DManA
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To: HAL9000

I remember learning about the stock market in grade school, and hearing stuff about ‘capital formation’ and all that nonsense. Short selling (and about a dozen other things that are commonly done) are simply about gambling, and have little or nothing to do with capitalism.


33 posted on 09/18/2008 5:36:01 PM PDT by hunter112 (Gov. Palin is ten times the woman Hillary could've hoped to be, if she had stayed a "Goldwater Girl")
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To: HAL9000
Well, the new rules should make things a bit more interesting, at least for the next two weeks or so.

The PDF from the SEC on the new rules is available here.

Perhaps the most interesting bit is the final sentence on page 8:

   This Order shall be effective at 12:01 a.m. EDT on September 18, 2008, and shall terminate at 11:59 p.m. on October 1, 2008 unless further extended by the Commission.

34 posted on 09/18/2008 5:38:00 PM PDT by snowsislander
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To: devane617

This could make for some interesting, exaggerated 3-day swings.


35 posted on 09/18/2008 5:52:04 PM PDT by Tax Government (Elect Obama's Teleprompter)
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To: Tax Government

Yes it could. However, on the WSJ website a new story was just posted that COX is considering banning ‘ALL’ short sells, which I think is a mistake. I am not sure how that will work, but there is a big story on wsj.


36 posted on 09/18/2008 5:55:09 PM PDT by devane617 (Fish died on his Harley when he hit a camel at dusk.)
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To: hunter112
Short selling (and about a dozen other things that are commonly done) are simply about gambling,

With all due respect...

Short selling of the normal kind -- sales backed by borrowed shares -- is an extension of people's right to contract among each other to sell, rent and lend property. Shorting has great side effects, including greater liquidity and tighter spreads (difference between bid and ask). It increases trade volume, which should help drive down commissions for all participants. Naked shorting is something different: shares are effectively invented out of thin air, sidestepping the process through which securities are created. The SEC is right to tighten the settlement process to make naked shorting impossible.

37 posted on 09/18/2008 6:05:17 PM PDT by Tax Government (Elect Obama's Teleprompter)
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To: B4Ranch

If they restrict true, legit short selling, then we’re nothing more than a banana republic at that point.

Chris Cox is an utter fool and a complete tool. If I were McCain, I wouldn’t be slamming him on the campaign trail - I’d be calling for his severed, bloody head on a pike on the front of my campaign bus.


38 posted on 09/18/2008 6:19:13 PM PDT by NVDave
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To: Tax Government

Fully agreed.

And, we should NB, that the public, despite the pain and cost of the mis-steps of the Fed this year, should thank guys like David Einhorn and Bill Ackman for exposing the pyramid scheme in mortgages with their short campaigns - before they got any worse.

The beauty of short sellers is this: if they’re right - the stock goes down and stays down. If they’re wrong (and they often are), they get their clocks cleaned when people go in to do fresh analysis of the underlying company, pronounce the stock a bargain and start buying with both hands.


39 posted on 09/18/2008 6:21:53 PM PDT by NVDave
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To: hunter112

Define gambling is an activity where one attempts to assess risk and reward, and then allows circumstances beyond one’s control to determine the outcome.

By that definition, almost all human activity is gambling.

Gambling is bad when it is unintelligent or uninformed. Otherwise, it is good.

Planting a crop is gambling. Choosing a major is gambling. Picking a spouse is gambling. Picking a stock to buy is gambling. Shorting a hot stock is gambling.


40 posted on 09/18/2008 6:25:36 PM PDT by Tax Government (Elect Obama's Teleprompter)
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To: NVDave

Is it me or is this an indication of further drops in the market?


41 posted on 09/18/2008 8:01:38 PM PDT by B4Ranch (I'd rather have a VP that can gut a Moose, than a President that want's to gut our Second Amendment!)
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To: B4Ranch
Monitor the futures for the DOW, S&P 500
WSJ Market Data Center

Futures Last Change Settle
Crude Oil 98.09 0.21 97.88
Gold, Dec 846.8 -50.2 897.0
DJ Industrials 11116 134 10982
S&P 500, Dec. 1229.80 26.60 1203.20
as of 11:36 p.m. EDT 09/18/08
42 posted on 09/18/2008 9:11:57 PM PDT by Fred (The Democrat Party is the Nadir of Nihilism)
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To: Fred

I’m thinking that the market may have a couple more thousand to drop yet.


43 posted on 09/18/2008 9:20:09 PM PDT by B4Ranch (I'd rather have a VP that can gut a Moose, than a President that want's to gut our Second Amendment!)
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To: HAL9000

The mutual funds that specialize in shorting the market are taking it in the shorts today.


44 posted on 09/19/2008 7:06:32 AM PDT by Sig Sauer P220 (Conceal carry - Don't leave home without it.)
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