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« Omgeo: Turning Transparency into Opaqueness | Main | Commentary on SEC Short Selling Antifraud Rule 10b-21 »

October 13, 2008

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Spellchekk

Shouldn't the firms listed be entitled to the proceeds from the sale of their equity? This issue appears to be overlooked as the concern about shareholders overshadows the underlying rights of public companies. The point of being a public company is the ability to sell equity in return for capital. When the naked short sellers dump non-existant shares into the open market, they:

1. Deny the public company the proceeds from the sale of their equity to legitimate buyers.
2. Trash the stock price by creating a supply/demand imbalance.
3. Damage the image, reputation and credit rating of the underlying firm.

Why aren't more public companies crying foul?

Chekk

Rayn

Got a letter in the mail today re a Clas Action and it made me wonder: Is naked short selling by hedge's, or whomever, not a potential class action lawsuit in the making? I am probably legally niave about this but it just seems that if management can have a suit brought against them, why not naked short sellers? Wouldn't a good legal tema get more done in a year than the chairman of the SEC will in a lifetime? Just seems to me like the naked shorters have exposure to liability issues although I have never heard of anything like that.

Rayn

dzimmer@aaronmorgangroup.com

Rayn,

In a couple days we'll reveal our approach to the problem. You are not far off in your idea.

Thanks for taking the time to comment.

AMG

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