Andy Abraham

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I have heard this question asked repeatedly, and I find that it is an insult to one’s intelligence to even state this. There has to be a scapegoat. Did the short sellers make the banks give loans to speculators that were not going to live in the houses? Did the short sellers make the banks give loans to homeowners who had neither a job nor credit? Did the short sellers make the banks give companies loan to buy other companies at over valued multiples with the hope of these overvalued companies to the next guy.

It is one thing to spread false rumors - which all know is wrong - but what is wrong about doing deep due diligence on a company and determining that its fundamentals are not in order, and then taking a short position? It is the same analysis one would do when buy stock in a company.< p/>

Short sellers borrow stock and sell it, essentially betting that the price of their target company will fall before they have to replace the borrowed shares. Now these investors are considered vultures, rumormongers, cheats and criminals.Most have done nothing wrong but expose one of the largest frauds in our lifetime.

Bear Stearns (BSC) and Lehman died because they were undercapitalized and made terrible leverage bets. Merrill's own mismanagement was the cause of its demise. AIG is imploding due to its credit swaps and unregulated derivatives.

The Securities and Exchange Commission halted short selling of financial companies and Futures on the Standard & Poor's 500 Index surged 2.9 percent following the announcement. U.S. equities staged the biggest rally in six years yesterday after the SEC stiffened other regulations aimed at curbing manipulative trading. The SEC said today that it would halt short selling of U.S. banks, insurance companies and securities firms through Oct. 2, while the Financial Services Authority in the U.K. banned short sales of financial shares for the rest of the year. So, how is this a free market?

Are markets only supposed to go...and when they fall... smart investors are not allowed to benefit. Are we supposed to just lose money...and have the government bail us out?

Jim Chanos, a great investor who first raised questions about Enron, stated so perfectly:

We seem to have capitalism on the upside and socialism on the downside.

That's a pretty heady brew for country that holds itself out as a free market paragon.

 Nothing changes - short sellers were also victimized in 1929.

On Thursday, SEC Commissioner Cox responded to the pressure. The SEC instituted a "Hard T+3 Close-Out Requirement," meaning that short sellers and their broker-dealers must deliver securities by the close of business on the settlement, three days after the sale. It's an answer to previous complaints about the prevalence of so-called "naked" short selling: that is, selling shares that you don't actually have in hand, and have not actually made arrangements to have. Naked shorting potentially allows traders to manipulate stocks.

The SEC is also considering an emergency order forcing hedge funds, which employ short selling as part of their trading styles that have a $100 million portfolio to report their short positions daily. The implicit threat is: We will know who you are (The SEC already knows about long positions.).

That same day, Britain said it will ban all short selling of financial stocks until at least next January, while New York Attorney General Andrew Cuomo announced that he was launching an investigation into complaints of short sellers spreading false rumors about targeted companies like Lehman Brothers (LEH),AIG (AIG), Goldman Sachs (GS) and Morgan Stanley (MS).

This article has 16 comments:

  •  
    Sep 19 11:16 AM
    Let's see if we can do an analogy here.

    You walk into McDonald's and order a big Mac, a large fries, and a large vanilla shake. The clerk takes your money and you walk over to the pickup area. In a few minutes the clerk in that area tells you one of three things:

    1) Here is your order. Enjoy your meal.

    2) Your order was filled by a short seller. They have 13 days to provide it for you. Enjoy your meal.

    3) Your order was filled by a naked short seller. They've promised to fill it at some point. Hey, would you like to buy another one. They will be happy to sell you all the meal promises you want. Enjoy your meal.

    I think the only ethical short selling would be if the short seller found someone with your order, 'rented' their meal from them, and gave it to you in the expectation they could buy it cheaper than the rent they paid before they had to pay the lender their 'rent' and their meal.

    Is it clear now why shorting is fraud? Unless you come to the transaction with shares in your hand?

    No??? Then talking about free markets doesn't mask the fact that you're a fraud artist.

    I'm not saying you shouldn't be allowed to short stocks, just that you shouldn't be allowed to perpetrate fraud to do so.

    Finally, if shorting makes markets so efficient and isn't just a mechanism to manipulate them, how did we get in this mess? Why didn't shorting take care of the problem years ago?

    In short, give me a reason to believe that you aren't in favor of shorting solely because of your ability to manipulate markets in order to make money. By committing fraud on the counterparty to your trades.
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  •  
    I respect your opinion... but what about companies that are Frauds.. ie Enron... You order Hamburger...and got nothing... I really do not see any difference from doing research on the long side or short sales from the downside... these banks.. took advantage of us... and now we are called to pay for that... that does not make me feel good..

    Andy Abraham
    Myinvestorsplace.com

    come and join us...
    Reply | Link to Comment
  •  
    Sep 19 04:35 PM
    I have no problem with short selling when the rules are followed and the shorted shares are actually borrowed. Naked short selling should be punished harshly.
    Reply | Link to Comment
  •  
    Sep 19 07:08 PM
    No, naked shorting should not be punished harshly. It should be enforced. The A hole Cox should be fired for 1. Allowing the foxes to guard the hen house, as he always did with a smile and a nice blue suit.

    and 2. for blaming all of this on short selling. Even naked shorting. The uptick rule has nothing to do with any of this either. Paulson and Cox are sooooo bad for our country. "The only difference between us an the Soviets, is that they don't pretend to be capitalists".
    Reply | Link to Comment
  •  
    Funny how when we get a stock market bubble, noone blames the longs for a "crisis" or bans long buying.
    Reply | Link to Comment
  •  
    Sep 20 08:42 AM
    Naked shorters NEVER need to COVER. They just leave the shares in the systems and change the name of the firm with a new PO box on the Cayman Islands. This is just like writing bad checks except they have the police in their pockets. Supply and demand. The more fake shares you print the more you can destroy a stock. This is NOT about a balanced market it is about Corruption of our markets our congress and our government. This is terrorism of our way of life. These guys are like ever increasing parasites that will weaken and destroy our country.
    This is no longer a small issue, these guys are destroying our financial systems and our economy. We need the military and Guantanamo bay and water boarding and trial and execution for the threats against this country. I would love to see a bag over their heads or the look in their eyes just as they are placed in front to the firing squad. I would be best if CNBC were forced to broadcast the executions since they are part of this gang of thieves.
    Reply | Link to Comment
  •  
    Sep 20 09:31 AM
    king george iii bush-it has screwed up the U.S. economy ........ and in his meager mind he thinks that he is the saviour! shorts are not the problem
    ............ bush-it administration and the republicans ...... NO to 4 more years of this bush-it....... NO to mccain and the republican neocons! the rich are getting richer .......... and the heck with the poor ..NO 4 more!
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  •  
    Sep 20 10:57 AM
    Short sale with borrowed shares is not much different from naked short sale. Consider this: Investor B borrow from Investor A and sell the shares to Investor C. Then Investor D borrow from Investor C and sell the SAME shares to Investor E. Now you have three NET owners Investors A and C and E for the same shares (that is right, two additional phantom shares created here) from the two net short sellers B and D with the same borrowed shares and they are not considered 'NAKED'. Repeating this cycles many many times over and you can bring down any weak company. That is what happens now.
    IMO you cannot have short sales unless any shares can be borrowed and sold only once. They need to register the actual share (serial number) for these short sales, and I do not believe this is the case now.
    Please comment if you think this is not how it works. Thanks.
    Reply | Link to Comment
  •  
    Sep 20 11:16 AM
    It's all smoke and mirrors for public consumption.

    A sobering fact is that only about 35% of the American public knows the name of the vice-president and unfortunately our president, George Bush, is not among them.

    So, how can we expect even 5% of the public to know what short selling IS let alone to judge that it is good or bad?

    Short sellers are going to be "persecuted" and the people will be "greatful" because America is a grate nation.
    Reply | Link to Comment
  •  
    Sep 20 11:29 AM
    Excessive shorting of weak financials is like tripping the elderly. Financial shorting may have been legal but is it moral? Because of the well known interconnectedness of the financials and cross agreements, when you short one out of business you are doing it to us all. We learned that this week. So, find some other industry to short.

    Excessive shorting of financials could finish us all off and take down the global economy. Even the banks and brokerages that the short seller keeps his funds won’t be able to pay up.

    We need to restore the uptick rule right now to insure the game stays fair. And, perhaps, we need a double uptick rule for financials.
    Reply | Link to Comment
  •  
    Sep 20 03:45 PM
    mdmrjsds said:
    "Finally, if shorting makes markets so efficient and isn't just a mechanism to manipulate them, how did we get in this mess? Why didn't shorting take care of the problem years ago?"
    The manipulation was perpetrated by the investment banks. They had investors believing they knew how to manage their own portfolio. They didn't disclose they had as much as 50 times leverage in securities that were incredibly overvalued. They failed to do any quality due diligence. This lack of due diligence and failing to disclose their exposure created this situation. They took on absolutely reckless risk when one considers that a steep fall in their stock value can put them out of business faster than a non-financial stock. Potential long investors rightfully concluded no new investment dollars for you. Many reduced their exposure to these investment banks much as the investment banks should have reduced their exposure in these investments years ago. If we argue that short selling is manipulation then anyone that sells stock whether at a loss or a gain is also guilty of manipulation, especially when it happens en masse. Short sellers aren't the cause but the effect of stupid and in this case, reckless management. Short sellers are a necessary mechanism in the goal of establishing an appropriate value in the market for a company stock. It is true if we don't have short selling values won't drop as fast nor arguably as far, but that may mean we're really not getting a fair value on the company stock. The lack of disclosure and no short selling allowed would likely lead to the same number of losing investors over the long run but in slow motion.
    Of course, naked short selling should be illegal and is. It only needs to be enforced.
    Reply | Link to Comment
  •  
    Sep 20 03:49 PM
    Let's assume you own shares of GS. You see the stock going down. You have a few choices: You can sell and hold the cash. You can buy some other stock, helping the price go up. You can purchase a put option to protect your capital.

    If someone shorts GS, he is may profit from it. He covers, buy buying and helping the price go up. He takes his profit and either holds it in cash, shorts another stock or maybe even buys GS long if he now thinks the price is realistic. I don't see where the "loss" is except to GS shareholders who have been asleep at the wheel since last fall and have done nothing to protect their investment. After all, it is a free maket for sellers, isn't it?
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  •  
    Sep 20 05:31 PM
    Andrew, I like this discloser idea. I have no problems with shorting. But I think the problem is a group of hedgefunds ganging up on a company stock one at a time. What's gonna happen this week?
    Hedgie #1 calls hedgie #2 who calls #3. Hey George, It sucks that we can't short the financials,so lets You me and fred mess with GM on monday and Ford on thursday Ba on friday etc........

    "The SEC is also considering an emergency order forcing hedge funds, which employ short selling as part of their trading styles that have a $100 million portfolio to report their short positions daily. The implicit threat is: We will know who you are (The SEC already knows about long positions.)."
    Reply | Link to Comment
  •  
    Sep 21 12:07 AM
    mdmrjrds, go back to your desk at SEC, the guy in the blue suit and big smile wants to give you a raise for all your great cutting and pasting on the Alpha blogs today... and on a saturday, no less.

    My, what a good little soldier you are.
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  •  
    Sep 21 08:22 AM
    Your kidding, right?! Morgan Stanley owns a house on a very bad street. They have never been late on their mortgage payments, they may not make as much as they used to, but they still make money and in fact beat what everyone thought they would make by a factor of three. They show everyone their guts and have very conservative valuations for their balance sheet, trade at a large discount to book value and have no liquidity problems! Somehow though you think it is right for guys to park in front of their house and sell their house (repeatedly) for them even though these guys do not own it. What happened to protecting private property rights? The owners of this property are not ready to sell and can continue to service their debt and make money! You think it is your right though to be able to force them out because YOU think their business model is broken. No one has been willing to take you on because of current fear and mass bullying by the shorts. You are now upset because the SEC finally rose from sleeping and has crashed the short party. There is no doubt that the shorts did not cause this problem. There is also no doubt that the shorts DID acclerate the decline and had the world backed against a cliff and were pushing for total collapse. How can anyone have a problem with that being halted?! It may go anyway if the owners of these stocks decide to sell and there are no buyers, but the system needs to clear from these excess shorts and be given time to think with a clearer head on the chance that we can see our way through.
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  •  
    Sep 22 09:08 AM
    I don't know why I even read these comments. Sounds like conspiracy theorists blaming all the ills of the world on short selling. Really really sad.
    Reply | Link to Comment
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