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Segment picks
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On
Short Sellers...
JJC: Okay, where
the confusion has been is that
there was an April 11th, 2005
market regulation put out about
regulation SHO, which is about
failure to deliver... What I think
a lot of us who have traded for a
living are surprised is that it's
very clear, and I'm quoting right
from the release, selling stocks
short and failing to deliver
shares at the time of settlement
with the purpose of driving down
the security of the price is
illegal... That's taken right from
the document... I don't know what
these emergency powers are, nor do
you have to stop doing that 30
days from now...
I think Commissioner Koch should
go back over his division market
regulation bulletin and realize
he's had this power to stop it all
the time... But we have had an SEC
that's totally laize faire, not
caring the least bit about this...
Also, just go get the tapes
between brokers and clients...
I've been saying this for months,
again, that would stop the
shananeggins... There was no need
for emergency powers... Maybe that
was a big theatrical thing, but
it's right here in the regulations
and I think anybody who's ever
shorted for a living knows, with
the exception of market makers,
that you have to call, you have to
get stock, you have to borrow...
That's not been going on, they
suspended that... His uptick rule
analysis, sure, it was done during
the greatest bull market in
history... Perhaps we've got to
re-evaluate it in the greatest
bear market in 85 years... I'm not
saying he was disengenuos, I am
saying that he's out of touch with
what traders are doing... It's
like Bernanke being academic and
out of touch with what traders are
doing...
This administration systematcially
has been involved, I'm not
political, I voted for the guy for
heavens sake... But this
administration has completely
decided that the market is fair no
matter and it's all coming back to
roost and the regulators frankly,
are very naive about what really
goes on... Sit in on a trading
desk for two weeks and he'll
understand that his rules could
have made the enforcement possible
right now... Naked shorting is not
illegal... The process of driving
down stocks by failing to get the
securities and then not worrying
about getting the borrow and
jamming them down, is illegal...
And that's what is going on... The
exceptions that he's talking about
are market makers... Market makers
have always been able to do
that... I'm talking about clients,
big hedgefund clients, not
bothering to get the borrow,
slamming stocks down, recognizing
that no one cares, it's a free
fire zone, you can do whatever the
heck you want... And suddenly he
comes up with emergency powers...
He had the power, it's in the
regulations that were written for
the SEC... But the SEC had always
looked the other way... The uptick
rule, sure there's... You know,
Lehman Brothers
(LEH)
has been at the forefront of
saying that the uptick rule
shouldn't be available... I think
all this has to be relooked at in
our bear market... This velocity
of which you're now allowed to do
things creates a level of fear,
you can create a panic... Every
hedge fund has the same
playbook... If you won't go down
there and bang out LEH right
now... Now LEH is up today,
because the financials were up
today... But, you know, it's been
known that you can go down there
and bang LEH... The hedgefunds are
much bigger than LEH... LEH is a
little firm... The hedgefunds are
gigantic... They can kind of use
it as a play thing... So, what I
think what people have to
recognize is that if you had to
wait for a plus tick like the old
rule... If you had to go get a
borrow, you couldn't do it with
ease... I mean, we would've be
able to avoid the cataclysmic
things that happened in 1929 that
are happening now... But, you
know, this governement doesn't
care...
Now, suddenly they woke up when
Fannie and Freddie were about to
be destroyed and were suddenly
going to have to pay hundreds of
billions of dollars, but this
stuff has been going on ever since
they adopted their laize faire
attitude... I have to believe the
only guy who's gotten a sepina
during this whole year is me...
Well, it's very easy... All you
got to do is issue a special
two-year note, this will probably
be over in two years, that's all
the mortgages between 2005 and
2007 that's causing the problem...
You take that money to fund a
mortgage resolution trust, which
buys all the bad loans at $.70-.60
on the dollar... I want in on that
company, that will make the
taxpayer money... We keep the good
banks separate from the bad banks
and we get through this period...
It's two years with a mortgage...
It's four million homes, that's
all it is... Should that be
allowed to destroy the American
banking system?... It is, but the
government is very laize faire...
They fear bail outs... They're
fools...
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