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In Order To Make The Ponzi Market Keep Going Ever Higher, Barney Frank Tries To Make Shorting Virtually Impossible

Tyler Durden's picture




As part of the Barney Frank proposed Manager's Amendment, which will accompany HR4173, the "Wall Street Reform and Consumer Protection Act of 2009", are three little-noticed rules that, if adopted, will make shorting stocks if not impossible, then extremely problematic and difficult. It is obvious why these rules would end up in an amendment: the outcry from retail and institutional traders would have been huge had these proposals made the full text of the proper Bill, and into the full view of the Mainstream Media. So why bother with these - simple. As everyone is aware, Ponzi schemes only work when constantly growing, as otherwise they blow up, implode under their own weight, once price discovery is attempted by all. Case in point: when Madoff's securities was unable to find another greater fool in the face of collapsing asset values, the jig was up overnight, and the value of the pyramid went from $50+ billion to $0 instantaneously.

In this manner, Ponzies are like sharks - they need to swim to live: any deviation from the norm threatens their very survival. By comparison, shorting has always been the most traditional way to force price discovery: as idiot money pension funds tend to be long-only, selling only occurs in times when book gains have to be realized, and facilitates a rising market without any natural checks and balances. If this amendment passes, the entire equity market will have become Madoff securities to the dot. It will continue going up, until market values are a reflection of no underlying fundamentals, but simply the latest pension fund long-only dumb terminal willing to throw managed capital into the bonfire of an inevitable future stock market collapse. And, to borrow another page from the Madoff analogy, when the inevitable correction does occur, it would not be 10% or 20%: the entire worth of the Ponzi would be gutted.

What are these rules? We focus on Section 7422, 24 (a) in the attached Manager's Amendment.

The first one states the following:

‘‘(2)(A) Every institutional investment manager that effects a short sale of an equity security shall also file a report on a daily basis with the Commission in such form as the Commission, by rule, may prescribe. Such report shall include, as applicable, the name of the institution, the name of the institutional investment manager and the title, class, CUSIP number, number of shares or principal amount, aggregate fair market value of each security, and any additional information requested by the Commission. For purposes of section 552 of title 5, United States Code, this subparagraph shall be considered a statute described in subsection (b)(3)(B) of such section.

‘‘(B) The Commission shall prescribe rules providing for the public disclosure of the name of the issuer and the title, class, CUSIP number, aggregate amount of the number of short sales of each security, and any additional information determined by the Commission following the end of the reporting period. At a minimum, such public disclosure shall occur every month.’’.

What this means is that just like with 13-F and 13-G filings for long positions, investors over a certain threshold will be forced to provide to the SEC a listing of all their short positions, which in turn will decide whether or not to publicly disclose all the details about any and all indicated short positions. Of course, any such disclosure will make shorting very problematic for managers who up to this point have been able to tout their long-exposure in certain names without disclosing hedged or shorted counterpositions, with the hope that they will be able to short even more names to witless followers who merely replicate given hedge fund portfolios (yes, hedge fund portfolio cloning is nothing new, and hedge funds are all too aware of how to take advantage of gullible trend seekers). Furthermore, this would likely make hedging particularly difficult for a vast array of hedge funds who do not share the administration's, and CNBC's, fervor that all is good in both the economy and the market.The scariest component of this rule is the latitude that the SEC is given in determining broad policy. As is widely realized by now, the SEC is merely a lapdog for the biggest monied interests, and as such will merely end up doing whatever is in the best interest of such firms as Goldman Sachs which have gotten the concept of regulatory capture down to an art.

The second proposed rule is even more peculiar: the SEC will prohibit anything it deems is a "manipulative" short sale, with the definition of said manipulation left entire up to the SEC's intellectually and reputationally (if not financially) challenged executives:

‘‘(d) TRANSACTIONS RELATING TO SHORT SALES OF SECURITIES.—It shall be unlawful for any person, directly or indirectly, by the use of the mails or any means or instrumentality of interstate commerce, or of any facility of any national securities exchange, or for any member of a national securities exchange to effect, alone or with one or more other persons, a manipulative short sale of any security. The Commission shall issue such other rules as are necessary or appropriate to ensure that the appropriate enforcement options and remedies are available for violations of this subsection in the public interest or for the protection of investors.’’.

Just like the anti-terrorist act allowed virtually any citizen to be stripped of his rights with no questions asked, if the powers that be determined he or she posed a terrorist threat, so potentially any short sale will have legal ramifications, if the SEC so decides. For example, Mary Schapiro can come out tomorrow and tell you shorting Citi is now verboten. That's precisely what rule two envisions.

The last rule is the most peculiar, as it will mandate broker-dealers to instruct clients they have the right and ability to refuse to lend out their stock to short-sellers. In a time when it is next to impossible to find borrow in a plethora of financial stocks, this will simply further eliminate the pool of shortable collateral. As a result, look for (or rather don't) an ever increasing number of shares that will hit broker HTB (hard to borrow) lists, which as a result have huge repo rates and/or are simply unavailable.

NOTICES TO CUSTOMERS REGARDING SECURITIES LENDING.—Every registered broker or dealer shall provide notice to its customers that they may elect not to allow their fully paid securities to be used in connection with short sales. If a broker or dealer uses a customer’s securities in connection with short sales, the broker or dealer shall provide notice to its customer that the broker or dealer may receive compensation in connection with lending the customer’s securities. The Commission, by rule, as it deems necessary or appropriate in the public interest and for the protection of investors, may prescribe the form, content, time, and manner of delivery of any notice required under this paragraph.’’

The combination of these three rules, when passed, will make shorting practically impossible within equities, and with CDS demonized beyond compare, virtually all options (except puts, although we are confident Barney Frank will see to that rather shortly as well) to express a bearish bias in securities will be taken away from investors.

And as if that wasn't enough, the SEC is now expected to adopt a modified uptick rule. The proposal for an "alternate uptick rule" would require traders who wish to short, to post offers at least 1 cent above the best bid, with hitting bid through shorting becoming illegal. What is unknown currently is whether this rule would be effected in combination with a "circuit breaker" rule, whereby the alternate uptick would be enforced only if a stock were to drop by 10% or more in a given session.

Whether or not a circuit breaker is adopted, the combination of all these rules will affect numerous algorithms, further making the computer and algo trading bias (the dominant market force over the past 4 months) to the purchasing side.

Again, the motive behind all these changes is all too obvious: with the fate of the administration, consumer confidence, and the US economy itself tied in to every tick of the market, the regulators and lawmakers of the US will do anything to destroy any semblance of an efficient market if it makes price drops more difficult. Of course, any deviations from fair value are always be temporary, and the ultimate collapse, when it does occur, will be that much more violent. However, as we have gotten to a point when every single up day in the market counts so that Obama can boast to a naive TV audience what a great job he has done in any given day courtesy of the Dow being up another few points, it appears nobody really cares about an efficient market any longer.

The irony is that these regulations will likely push out numerous retail and institutional investors away from open exchanges, and force investors to trade either in unregulated dark pools and other ATS or simply move to foreign domiciled exchanges. At the end of the day, should this Manager's Amendment pass, it will mark the true beginning of the end for America's once effective, and relevant, market structure.

Manager's Amendment in full text:

 




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Wed, 01/06/2010 - 15:17 | Link to Comment Daedal
Daedal's picture

Speaking of shorting, I shorted a small amount of DTG last week, and had a trade trigger at $27.27 to cover at market. Guess what, the trade trigger hit today and I covered at $27.29. Now, take a look at the high for the day! It's as if someone knew I had a trade trigger open at that precise price. Looks like I'm being bamboozled. Either that, or TD Ameritrade is front running my a**.

Wed, 01/06/2010 - 15:46 | Link to Comment Anonymous
Wed, 01/06/2010 - 16:38 | Link to Comment Anonymous
Wed, 01/06/2010 - 16:43 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:37 | Link to Comment 1984
1984's picture

Yeah.  Tell that to the guy who wrote a program to scrape $0.004 rounding from every transaction.  Who the flying fuck cares about $0.004?

You are one smart cookie.

Wed, 01/06/2010 - 20:26 | Link to Comment Anonymous
Wed, 01/06/2010 - 20:38 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:22 | Link to Comment El Hosel
El Hosel's picture

Daedal,

They won't outlaw shorting because the bankers play the short squeeze over and over, seems like one of the more cost effective tools they have to help "massage" the markets higher.

The high on DTG is $27.50 from Oct 12, 2009 .... maybe a stop just above would be a better

Wed, 01/06/2010 - 17:42 | Link to Comment 1984
1984's picture

Well, they just need to outlaw it at the most inconvenient time to you, as decided by the master of the SEC lap dog.

It's all good.

 

Thu, 01/07/2010 - 05:57 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:43 | Link to Comment curbyourrisk
curbyourrisk's picture

Welcome to the markets.  This has been going on for years.  Just consider yourself lucky you got filled at $27.29 and not $28.

Wed, 01/06/2010 - 18:00 | Link to Comment Daedal
Daedal's picture

No doubt, I just find it frustratingly amusing. I don't day trade, so day-to-day noise and the forces behind them is not something I pay much attention to. I've been getting stopped out of my shorts for months, this one was absurdly coincidental me thinks -- plus I want to vent. 

Wed, 01/06/2010 - 23:27 | Link to Comment Anonymous
Wed, 01/06/2010 - 15:15 | Link to Comment WaterWings
WaterWings's picture

Hey, I know off topic, but maybe not completely: you should really try typing in 'illuminati' backwards and add .com

No really. Copy and paste:

itanimulli.com

Joke of the day - it'll blow your mind.

Wed, 01/06/2010 - 15:28 | Link to Comment Burnbright
Burnbright's picture

holy crap, how did you even find that out?

Wed, 01/06/2010 - 15:35 | Link to Comment Anonymous
Wed, 01/06/2010 - 15:40 | Link to Comment Pat Hand
Pat Hand's picture

Ha!

Whois reveals:

Registrant:
   John Fenley
   1985N 360E
   Provo, Utah 84604-1803
   United States

 

Registrant Search: "John Fenley" owns about 110 other domains Email Search:

is associated with about 110 domains

Wed, 01/06/2010 - 16:12 | Link to Comment WaterWings
WaterWings's picture

Provo, UT is famous! It was featured in Ocean's 11, Punch-Drunk Love, and all those anti-Mormon videos.

This guy is a little bit of a shut-in:

http://maps.google.com/maps?q=1985+N+360+E,+Provo,+Utah,+84604&oe=utf-8&...

It's funny, but I actually know the guy:

http://www.facebook.com/profile.php?id=29006283&ref=search&sid=670835795...

Wed, 01/06/2010 - 16:11 | Link to Comment Anonymous
Wed, 01/06/2010 - 15:47 | Link to Comment ChickenTeriyakiBoy
ChickenTeriyakiBoy's picture

that's fucking nuts!

Wed, 01/06/2010 - 15:47 | Link to Comment HooFlungPoo
HooFlungPoo's picture

Wow!  That is wicked!  How DID you find that out...(can you hear the black helicopters?)

Wed, 01/06/2010 - 17:38 | Link to Comment Zro
Zro's picture

HTTP GET Request returns a 301 Permenantly Moved with the location: http://www.nsa.gov [following].

Most browsers will redirect/follow automatically.

A novice webmaster with a domain can do redirect clients to nsa/fbi/etc with an Apache Server given a few minutes.

Thu, 01/07/2010 - 03:57 | Link to Comment mrmortgage
mrmortgage's picture

Nothing to see here. Move along. He digs the NSA bought a domain did a redirect. Easy. Buy any name you want and have it point to whatever you like. I own several dozen that redirect. 

What's the whole concern about the big bad government? Remember we are the government. Be concerned by being an upstanding citizen. Don't hide in the corner. Write, inform your friends/family, vote on election day and more importantly with your dollars.

 

"They" can only take your freedom if you let them.

Have a prosperous day.

 

 

Thu, 01/07/2010 - 11:32 | Link to Comment WaterWings
WaterWings's picture

Joke of the day.

If you vote then we can blame you for consenting to be governed by perpetual warmongers. Stop voting. But yes, do try and inform friends/family - if they dare attempt to find the truth.

Wed, 01/06/2010 - 15:17 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

Tyler,

There are plenty of ways to "skin a short cat". These regulations are toothless, as proven by the amount of naked short-selling that still goes on in the stock market. This is criminal activity that escapes regulators "watchful eye". Importantly, financial engineers will always find ways to short whatever they want.

Wed, 01/06/2010 - 22:18 | Link to Comment The Rock
The Rock's picture

Exactly.  NAKED SHORT SELLING IS THE ROOT OF THE "PROBLEM".  They fucked me in Fall '08 when they banned short selling altogether on the financials.  THAT WAS PURELY ILLEGAL!!!!!

Overnight my SKF position was cut in half.  motherfuckers...

Wed, 01/06/2010 - 15:17 | Link to Comment Anonymous
Wed, 01/06/2010 - 15:19 | Link to Comment Mad Max
Mad Max's picture

Is this merely a prelude to outright capital controls and some form of nationalization of the markets?  (Apart from whatever the PPT may be doing.)

Wed, 01/06/2010 - 15:22 | Link to Comment Daedal
Daedal's picture

Prelude. Once this bill fails to support asset prices, I'm sure the next bill will implement a rule to allow market particpants to sell stock only on upticks.

Wed, 01/06/2010 - 16:09 | Link to Comment ZerOhead
ZerOhead's picture

But if you only allow sales on upticks then the market can only go... oh... I see...:)

Wed, 01/06/2010 - 16:56 | Link to Comment Mad Max
Mad Max's picture

A set-up so obvious, even Bill the Cat can understand it!

Which probably guarantees it will happen.

Wed, 01/06/2010 - 17:24 | Link to Comment el Gallinazo
el Gallinazo's picture

And he didn't even cough up a hair ball in the process.

Wed, 01/06/2010 - 17:45 | Link to Comment curbyourrisk
curbyourrisk's picture

After that...buys must occur atleast 5 ticks above the last trade.  If you must own it...you must pay up for it.

Wed, 01/06/2010 - 15:45 | Link to Comment docj
docj's picture

If only Barney Frank could have the courage of Chris Dodd - the soon to be ex-Senator from Countrywide.

It would perhaps help if Chairman Mumbles were likely to get his considerable arse kicked this November - but alas and alack, he represents MA-4 and will so do for as long as he wishes.

Wed, 01/06/2010 - 17:38 | Link to Comment Careless Whisper
Careless Whisper's picture

Berney Frank is a DISGRACE to capitalism and free markets.

Wed, 01/06/2010 - 20:34 | Link to Comment Anonymous
Wed, 01/06/2010 - 22:38 | Link to Comment Careless Whisper
Careless Whisper's picture

they're not my NeoCons. yes Bush and Paulson started bailout nation to benefit the banks, and the rest is history. it's too bad that BarryO turned out to be a total waste of four years.

Wed, 01/06/2010 - 22:11 | Link to Comment The Rock
The Rock's picture

He's a disgrace to all humanity.

Wed, 01/06/2010 - 17:58 | Link to Comment Andrei Vyshinsky
Andrei Vyshinsky's picture

There was nothing noble or courageous about what Dodd did, it was just a bit of self-serving maneuvering designed to protect an out-sized ego. You are right to hope for something similar from that prince of maggots, Frank, however. Would that he head for the exits too. But lest either of them think that resignation will preclude a moment for them in which the sting of a peoples' justice is felt, let them think again. The army of the homeless, the foreclosed upon, the bankrupt and the unemployed is quite capable of extending memory.

Wed, 01/06/2010 - 15:21 | Link to Comment Arco
Arco's picture

I'd be really interested to know who provides the funding for ZeroHedge.com. Tyler, in the interest of transparency would you ever consider providing a ZeroHedge P&L?

Wed, 01/06/2010 - 15:25 | Link to Comment Tyler Durden
Tyler Durden's picture

P: ad revenue

L: hosting and infrastructure.

 

Wed, 01/06/2010 - 15:26 | Link to Comment Arco
Arco's picture

Touche. didn't think so.

Wed, 01/06/2010 - 18:27 | Link to Comment Scooby Dooby Doo
Scooby Dooby Doo's picture

I guess that answers the DARPA question? Tshirt, store, donate, and sale of data from the harvest have zero results?

I never knew Ty's thought process was so abstract.

Wed, 01/06/2010 - 15:42 | Link to Comment WaterWings
WaterWings's picture

All the spacemonkey-interns provide their own personal burial money, too.

Wed, 01/06/2010 - 16:02 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

Damn bro, can I get to share in those ad revenues, seeing as I am the "most arrogant" poster on ZH? LOL, just kidding, I just want other people to make money and stop listening to those claptraps on CNBC peddling snake oil.

Wed, 01/06/2010 - 16:11 | Link to Comment Rainman
Rainman's picture

Sheez......only 5 days into the year and I already agree with Leo once. About the money-making that is..... :)  

Wed, 01/06/2010 - 16:46 | Link to Comment I need more cowbell
I need more cowbell's picture

Leo, bro, dude, cous,

Unless I have comprehension issues, you are the sole poster on ZH peddling the same snake oil. To wit, forget fundamentals, like profits, future growth, dividends, etc. and just buy the dips. Why? Because the hedgies, funds, et al are awash with liquidity and are cock-sure there will be a greater fools- Uncle Ben and Cous Timmy have their backs. So just join up; certainly you will be smarter than everyone else and jump off the train JIT.

What could possibly go wrong?

But like I said, perhaps I have comprehension issues. How is your snake oil different from CNBC?

 

Wed, 01/06/2010 - 17:19 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

Dude, you need more cow brain...LOL! CNBC wouldn't understand the way I view things in their wildest dreams!!! Bro, do me a favor, go long Treasury futures right before Friday's employment report. Make sure you leverage up to the max! LOL!!! (Rest of you should short bonds/ long stocks ahead of that report).

Wed, 01/06/2010 - 17:26 | Link to Comment Careless Whisper
Careless Whisper's picture

@Tyler  hope you're getting some fringe benefits too *wink*

Wed, 01/06/2010 - 18:00 | Link to Comment Tyler Durden
Tyler Durden's picture

Leo, I am confident your postings on ZH divert enough traffic to your own blog.

Wed, 01/06/2010 - 18:17 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

For sure but I am not profiting from it in any way, shape or form. I have no ads and don't intend to place any unless I have to make a living out of blogging, in which case it becomes a job (not as fun).

Wed, 01/06/2010 - 23:56 | Link to Comment Reductio ad Absurdum
Reductio ad Absurdum's picture

I just assumed Kolivakis was in it for the solar stock pump-n-dump.

Thu, 01/07/2010 - 01:08 | Link to Comment Anonymous
Wed, 01/06/2010 - 18:27 | Link to Comment I need more cowbell
I need more cowbell's picture

More likely away, but to each his own said the man as he sucked a boil off his arm ( sheesh, where did that come from ). Better hit the Macallan 18.

Wed, 01/06/2010 - 19:01 | Link to Comment impending doom
impending doom's picture

Let's hope he hits the MAC 11 immediately after...

Wed, 01/06/2010 - 17:05 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

I gave them (us) 500k (euros)=2 billion dollars (in 2011) on the 15th of December 2009. Plus i have endowed a further 2 million for the years between 2012 and 2015. Happy?

Wed, 01/06/2010 - 18:22 | Link to Comment Anonymous
Wed, 01/06/2010 - 15:24 | Link to Comment Whizbang
Whizbang's picture

These laws are intended to make "naked shorting" more difficult. I have no problem with institutional investors having to prove they have shares before they short them. Although it will slow down profits for those with greater insight (insider information) into various companies, it will help to keep the average Joe's feet out of the proverbial meat grinder. If you have any problems with this stuff, get into the dark pools or something.

Wed, 01/06/2010 - 15:27 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

F*ck naked shorts...they are the worst financial parasites of all!

Wed, 01/06/2010 - 15:55 | Link to Comment lizzy36
lizzy36's picture

Seriously, in this whole clusterfuck it is the naked shorts that are the worst financial parasites?

Wed, 01/06/2010 - 16:04 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

And whom do you think is responsible for the bulk of the naked short selling?

Wed, 01/06/2010 - 16:15 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:48 | Link to Comment curbyourrisk
curbyourrisk's picture

People named anonymous have no right to smack.

 

 

Wed, 01/06/2010 - 18:30 | Link to Comment Scooby Dooby Doo
Scooby Dooby Doo's picture

Keep in mind anonymous, this is coming from a clown named curby.

Thanks for you posting anonymous. Keep up the good work.

Wed, 01/06/2010 - 17:02 | Link to Comment Daedal
Daedal's picture

F*ck naked shorts...they are the worst financial parasites of all!

I don't know if you can qualify them as 'worst', for that is reserved for central bankers. I do agree with your conclusion on naked shorts. They mess with the float of shares that doesn't actually exist, which manipulates a market and makes it unfair. I concur.

What I don't understand is how you can bash naked shorting and extol central bankers? The 2 are based on the same underlying premise; to cheat someone else in order to fulfill their own goals. The difference is naked shorters are on a far smaller scale than the scale of 'naked' money printing Bernanke is involved in.

Wed, 01/06/2010 - 17:03 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

Say what? Support Bubble Ben who has shown his hand or other central bankers? Not at all, I know their intentions: try to create asset inflation and hopefully it will spill into real inflation so they can inflate the debt problem away. I wish them luck on that.

Wed, 01/06/2010 - 17:08 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

Leo, I present to you; The Madoff Exception 

Wed, 01/06/2010 - 17:15 | Link to Comment Leo Kolivakis
Leo Kolivakis's picture

CB,

Excellent, I always knew Bernie was a scumbag billionaire.

Wed, 01/06/2010 - 18:26 | Link to Comment _Biggs_
_Biggs_'s picture

That infiltration by Madoff of the SEC under the guise of "community service" is one of the sickest jokes I have ever seen.  It certainly gives new meaning to the phrase "fox in the hen house."

 

Also, it is rumored that Madoff claimed he was next in line to head the SEC only a couple weeks before he went down.  He apparently spent a lot of time there>>>something about keeping your enemies close?

Wed, 01/06/2010 - 19:35 | Link to Comment Rainman
Rainman's picture

Bernie also had a daughter-in-law working for SEC. Only way to get any closer to the inside is to have the Missus employed there too.

Wed, 01/06/2010 - 19:39 | Link to Comment 1984
1984's picture

Actually, naked short selling is only fair when the long side has virtually infinite leverage.

 

Wed, 01/06/2010 - 20:49 | Link to Comment dark pools of soros
dark pools of soros's picture

everyone trying to game the system in all ways..  but if you just thought for a moment and realized "hey, Brazil is getting the Olympics, hmmmm"  and then you would of doubled your money and not day trade even one second..

Wed, 01/06/2010 - 15:26 | Link to Comment john_connor
john_connor's picture

I had a short covered last week involuntarily because "the broker dealer could not locate any shares."

Wed, 01/06/2010 - 15:29 | Link to Comment Mac1492
Mac1492's picture

I'm all for short selling as it makes a market more transparent and provides for better price discovery. However illegal naked short selling is a huge problem, evidenced in the sec (FTD)failure to deliver list. Hedge funds/ all the big banks should not be able to intentially cause a FTD that is counterfitting. the market makers should be allowed to provide liquidity in a stock but when they intentionally cause a FTD, Their must be consequences. I contend that Bernie madoff made a huge amount of money illegally naked shorting stocks through his firm. Bernie madoff even had a rule named after him the madoff exemption rule after the SEC was threatning to get tougher on market makers intentionally causing a FTD. look at overstock, taser, eagletech...counterfitting is fraud and illegal naked shorting is not the same as legally shorting a stock.

Wed, 01/06/2010 - 15:36 | Link to Comment buzzsaw99
buzzsaw99's picture

direction - make selling illegal altogether

Wed, 01/06/2010 - 15:55 | Link to Comment Anonymous
Wed, 01/06/2010 - 16:07 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:52 | Link to Comment Argonaught
Argonaught's picture

I think he only requested the "male's shorts"

Wed, 01/06/2010 - 22:31 | Link to Comment The Rock
The Rock's picture

Your soul may belong to Jesus, but your ass belongs to me!  mmm!

Wed, 01/06/2010 - 16:09 | Link to Comment Yophat
Yophat's picture

Yeah short selling provides a floor....let's pull the floor out!

Wed, 01/06/2010 - 16:18 | Link to Comment Anonymous
Wed, 01/06/2010 - 16:27 | Link to Comment Anonymous
Wed, 01/06/2010 - 19:09 | Link to Comment impending doom
impending doom's picture

I've always thought it was insane that people could know so much about finance and yet have a 3rd grade grasp of the english language.

Wed, 01/06/2010 - 16:28 | Link to Comment economessed
economessed's picture

Since "teh authoritays" have decided 'mericans can only buy and hold, I'm going to BUY PHYSICAL GOLD (bitches) AND HOLD IT. 

F-U Frank.  F-U SEC.

Wed, 01/06/2010 - 16:33 | Link to Comment KidDynamite
KidDynamite's picture

this will be another classic case of the law of unintended consequences, as people pile on alongside publicly disclosed short positions of big name hedgies.

Wed, 01/06/2010 - 16:36 | Link to Comment Brett in Manhattan
Brett in Manhattan's picture

Shorting is a way for Exchange Members to make money, not the public. So, whatever restrictions that are enacted will have an exemption for Specialists and Market Makers.

Wed, 01/06/2010 - 16:39 | Link to Comment bugs_
bugs_'s picture

Why can't Barney be more like Dodd?

 

Wed, 01/06/2010 - 17:09 | Link to Comment Chopshop
Chopshop's picture

bc Dodd was a crony of HFT / Stamford while Barney is beholden to the waves of social mood. period.  ahhh, the Pyrrhic trip over the Rubicon and our collectively ensuing fall ... WILL be epic.  will do a workup on the VIX, about what it really is and why it will be crossing into all-time-record territory in due time (read: much sooner than anyone thinks) by this weekend once Fibo returns from vaca.

Wed, 01/06/2010 - 22:37 | Link to Comment The Rock
The Rock's picture

LOL

Wed, 01/06/2010 - 16:53 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:13 | Link to Comment Chopshop
Chopshop's picture

YET again, Tyler nails the living shit out of the issue du jour.

thank you, sir.  The MUST READ of the week.

good thing that those 30% annualized vig spreads that broker-dealers / trustee holders earn don't matter to their bottom line.  oh, they do? billions? really? ... well i'm sure barney fief et cet thought that through very well.

Wed, 01/06/2010 - 17:12 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

Goddammit Durden !!!! This stuff will make you the first "anonymous" winner of the Pulitzer Prize. 

Wed, 01/06/2010 - 19:11 | Link to Comment impending doom
impending doom's picture

Or get him (them) disappeared real quick like.

 

Wed, 01/06/2010 - 17:12 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:14 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:29 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

if by ousted you mean shot in the back of the head or hanged .... then yes ... they would ...

Wed, 01/06/2010 - 23:00 | Link to Comment Rainman
Rainman's picture

....or suicided

Wed, 01/06/2010 - 18:28 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:28 | Link to Comment tnuc
tnuc's picture

yeah, so make money shorting faz for now. 

Wed, 01/06/2010 - 17:30 | Link to Comment Anonymous
Wed, 01/06/2010 - 22:13 | Link to Comment 1984
1984's picture

You can't win.  You will be declared an enemy combatant and tortured for blatant market manipulation.

 

Wed, 01/06/2010 - 17:38 | Link to Comment Anonymous
Wed, 01/06/2010 - 17:56 | Link to Comment Anonymous
Wed, 01/06/2010 - 19:17 | Link to Comment impending doom
impending doom's picture

Sadly, I am becoming just this paranoid. Those who have been burned too many times trust no one. One is reminded of Ahmed Chalabi: tell them what they want to hear and who knows where you might end up...

Wed, 01/06/2010 - 18:01 | Link to Comment the grateful un...
the grateful unemployed's picture

so the cost of put options would go up, and that implies higher volatility?  Volatility is a measure of pricing risk, and the method of pricing risk is higher interest rates, libor rates, etc? Although currently risk assessment is 9 on the bankers scale of 10, and yet rates are zero. Does Frank assume that disparity goes on indefinitely? The essence of short selling is that it involves third party risk, and it really matters almost nothing if you can borrow the stock, if there is someone on the other side of the trade? I don't know what a stock should be, in Frank's mind, perhaps a coupon on the future earnings of a company whose viability is insured by the US government? Seems to me short and hold makes more sense, if you look at the stock market index from 20 years ago, a lot of them have disappeared. But that's what they call progress.

Wed, 01/06/2010 - 18:33 | Link to Comment Gordon_Gekko
Gordon_Gekko's picture

I have exactly ZERO dollars invested in the PIECE OF SHIT entirely worthless US stock market (except a few gold mining stocks). I don't even trade the thing anymore just on principle. Die - stocks - DIE!

Wed, 01/06/2010 - 18:45 | Link to Comment Scooby Dooby Doo
Scooby Dooby Doo's picture

So your admitting that your version of ZERO is greater than 0.

Nice to see that you have redefined the baseline.

Wed, 01/06/2010 - 22:17 | Link to Comment 1984
1984's picture

He could still be right depending on how those mining stocks perform...

Wed, 01/06/2010 - 18:51 | Link to Comment Anonymous
Wed, 01/06/2010 - 19:39 | Link to Comment Anonymous
Wed, 01/06/2010 - 19:40 | Link to Comment Anonymous
Thu, 01/07/2010 - 01:21 | Link to Comment Anonymous
Wed, 01/06/2010 - 19:53 | Link to Comment ozziindaus
ozziindaus's picture

So what happens to short ETF's (ie. SKF)? I got rolled months ago when DB redeemed DXO. 

Shouldn't the SEC be investigating the naked variety? Anyway this will only drive liquidity away from the market and set up for more volatile swings. 

Wed, 01/06/2010 - 19:59 | Link to Comment Anonymous
Wed, 01/06/2010 - 20:46 | Link to Comment Apocalypse Now
Apocalypse Now's picture

I think there are a few items that I will highlight that should enlighten, I have a grasp of the big picture:

  • It is apparent from the proposal that brokerages are now making money off of the securities that their clients have in their accounts
    • Security holders with the capital should get a cut of those funds or write covered calls and puts themselves on their own capital
  • By law (typical brokerage agreement) now a brokerage has no right to provide your shares to someone else for shorting unless you signed a margin agreement - in that case your shares can be used as collateral like a lien and even if you are not using margin, but signed that form, you are granting access to your shares.  In the event of a market crash, share ownership might be duplicated and you might not get your shares...
  • Much like paper claims on gold, there are more paper claim receipts than physical assets available.  Much like the problems commercial property managers are having tracking down owners for refinancing when so many different tranches sliced and diced and sent all over the world and re-securitized - ownership is a question mark.  In this same manner there are companies that have had naked shorts against them IN EXCESS OF THE ENTIRE SHARES ISSUED - WHAT THE FUCK YOU MIGHT ASK?  I'll tell you the truth - these fucking too big to fail asshole banks are allowed to use infinite leverage without collateral and were shorting without first having access to the shares to short.  That is nothing but theft because that means that the price of securities is whatever the fuck they want it to be - UNDERSTAND THAT WHEN YOU GET ON A TEETER TOTTER WITH INFINITE WEIGHT ON THE OTHER SIDE.  
  • Understand that the politically maneuvered market backed by a printing press can remain irrational whatever they want it to be longer than you can remain solvent.  Understand that we have moved from a market to a political tool. 
  • Zimbabwe was the best performing stock exchange, but not in nominal terms - with record deficits and exploding public debit we are accelerating poor funding in the US - over the long term inflation is real (95% in less than 100 years) and should accelerate LT due to the debt/deficits.
  • MNC's are better managed, have better finances, and have diversified currency exposures (politically connected CFR company handouts benefit) than sovereigns (perhaps Australia/Canada are exceptions because they have hard assets (antidote to too much paper).
  • Understand that 9/11 impacted oil and gold - WTC vaults housed tremendous amounts of gold in storage from some 60 countries, we don't know what happened to it.  Gold and oil seem to be important, remember that.
  • This bill should require dark pools and big banks to adhere to the same rules but with huge penalties for infractions.  If they don't, they will force everyone onto the equity trains (0% bank account returns, bond interest rates at almost all time lows, real estate in a bubble - no alternative but commodities and equities) and at some point after they have positioned themselves they can just withdraw the liquidity then pick up as many assets as possible from the gassed commoners including gold fillings and then hyperinflate their debts away.  This is the formula, remember it.
  • This bill should have been in place in March when the markets went political command and control (no longer a market) - why would you assist in the transfer of wealth from individuals to Potters banks that wrote all of the swap notes backing up the triple leveraged ETFs (bulls and bears approach zero over time)?  That is cruel and unusual punishment in my books.  As soon as they decided to change accounting laws and use the PPT, they should have instituted shorting prohibitions to save RATIONAL individual investors FIRST.  Fucking crooks, instead they gave the banks the inside track and allowed them to line the pockets of the banks at the expense of the working class.
  • The cards are stacked against you, the system is now designed to siphon off wealth from the masses and with inflation and taxes there is little opportunity for a real return - welcome to a low growth environment, we need to wipe the slate clean by allowing debts to default and rebuild but they have chosen an extended hyperinflation instead.
  • We have lost any foundation on valuation due to liquidity to banks that are earning a spread between securities with dividend payments and the zero interest from the Fed.  Remember the Fed is the banks and the banks is the Fed - they are and always will act in the banks best interest.  In an environment where gravity doesn't exist, precious metals can be a life line - if they are amassed in enough quantities the mass itself will recreate gravity like on earth.  Since the prices are supressed to create the illusion of price stability, it is one of the few assets that are not over valued.  Pick up silver and gold on a discount, the same people taking the price down are amassing as much as possible themselves - at some point they will either no longer be able to keep the price down due to physical delivery requests (out of gold and you are out of luck) or will have collected as much as they can and will then stop keeping the price down.  With moveyourmoney, the bigs may be out of depositors and will not be able to short precious metals.  Hee hee.
  • The people you see on TV are actors or agents pushing propaganda - remember Bagdad Bob, I'm afraid we'll still see cheery news on TV when grocery shelves start emptying
  • If you are short, newsflash: you missed the transition to a political command and control market/economy. - I am sure shorting wasn't really big in Zimbabwe.
  • We will never be able to pay off our debt, interest payments are reasonable now because we currently are able to control short term interest rates, but when rates rise the ratings agencies will, well they will have to be nationalized if you know what I mean.

 

Wed, 01/06/2010 - 21:22 | Link to Comment Lndmvr
Lndmvr's picture

Been noticing the open spots on grocery shelves here in Iowa. Don't know if it's the weather. Stuff like Sara Lee going from 10 products to 3. Spring will tell.

Thu, 01/07/2010 - 02:30 | Link to Comment Anonymous
Wed, 01/06/2010 - 23:08 | Link to Comment ZerOhead
ZerOhead's picture

"Remember the Fed is the banks and the banks is the Fed - they are and always will act in the banks best interest."

That's it in a nutshell. Nice post A.N.

Wed, 01/06/2010 - 23:50 | Link to Comment ozziindaus
ozziindaus's picture

WTC gold was trucked out weeks before 9/11 to make room for explosives

Thu, 01/07/2010 - 02:47 | Link to Comment Anonymous
Thu, 01/07/2010 - 14:02 | Link to Comment Apocalypse Now
Apocalypse Now's picture

If you mean full of truth, thank you for your emotional comment.  It does matter and life has meaning, the crooks want you to give up and be apathetic so they can continue to pick your pockets.

You in fact could be one of those crooks encouraging inaction.  And by the way, it looks like we will all have a happy ending if your forecast is accurate.

Thu, 01/07/2010 - 11:39 | Link to Comment WaterWings
WaterWings's picture

but when rates rise the ratings agencies will, well they will have to be nationalized if you know what I mean.

+1

That's the next step, I believe.

Or physical deliveries cannot be met.

Or food riots commence - it'll start when the baby formula runs out.

Wed, 01/06/2010 - 20:47 | Link to Comment Anonymous
Wed, 01/06/2010 - 21:48 | Link to Comment Anonymous
Wed, 01/06/2010 - 22:53 | Link to Comment Anonymous
Thu, 01/07/2010 - 02:38 | Link to Comment Anonymous
Thu, 01/07/2010 - 04:42 | Link to Comment JuicyTheAnimal
JuicyTheAnimal's picture

Short sell short selling.

Thu, 01/07/2010 - 05:20 | Link to Comment i.knoknot
i.knoknot's picture

i dunno,

while i dispise mr. frank and everything he and his compadres stand for...

<flame_shorts_on>

This looks like a call for basic transparency in shorting to me. If you read it as responses to some of the very complaints we read here at ZH all the time, it sounds far less sinister:

 - everyone has to register their shorts with a central authority

 - everyone has to tell clients that they're using client shares for shorts (i thought clients had to release before you did that anyway)

Even if published a month (or six) after the fact, I would love to have access to who's doing what and when. Those that know they'll be 'seen' may adjust their behaviors accordingly (insiders would have recorded activity, etc.). I would think mr. butler of silver fame would love to see who's got all those shorts on silver, etc.

<flame_shorts_off>

it does make me nervous that the information's ultimate uses are not explcitly limited in the legislation. sounds like room for more insider advantages, and i certainly don't trust anyone out there these days.

like i said, i dunno.

 

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