Game Over - Finally Mr. Cox wakes up!!

SEC Issues New Rules to Protect Investors Against Naked Short Selling Abuses

FOR IMMEDIATE RELEASE
2008-204

Washington, D.C., Sept. 17, 2008 — The Securities and Exchange Commission today took several coordinated actions to strengthen investor protections against “naked” short selling. The Commission’s actions will apply to the securities of all public companies, including all companies in the financial sector. The actions are effective at 12:01 a.m. ET on Thursday, Sept. 18, 2008.

“These several actions today make it crystal clear that the SEC has zero tolerance for abusive naked short selling,” said SEC Chairman Christopher Cox. “The Enforcement Division, the Office of Compliance Inspections and Examinations, and the Division of Trading and Markets will now have these weapons in their arsenal in their continuing battle to stop unlawful manipulation.”

In an ordinary short sale, the short seller borrows a stock and sells it, with the understanding that the loan must be repaid by buying the stock in the market (hopefully at a lower price). But in an abusive naked short transaction, the seller doesn't actually borrow the stock, and fails to deliver it to the buyer. For this reason, naked shorting can allow manipulators to force prices down far lower than would be possible in legitimate short-selling conditions.

Today’s Commission actions, which are the result of formal rulemaking under the Administrative Procedure Act, go beyond its previously issued emergency order, which was limited to the securities of financial firms with access to the Federal Reserve’s Primary Dealer Credit Facility. Because the agency's exercise of its emergency authority is limited to 30 days, the previous order under Section 12(k)(2) of the Securities Exchange Act of 1934 expired on Aug. 12, 2008.

The Commission’s actions were as follows:

Hard T+3 Close-Out Requirement; Penalties for Violation Include Prohibition of Further Short Sales, Mandatory Pre-Borrow

The Commission adopted, on an interim final basis, a new rule requiring that short sellers and their broker-dealers deliver securities by the close of business on the settlement date (three days after the sale transaction date, or T+3) and imposing penalties for failure to do so.

If a short sale violates this close out requirement, then any broker-dealer acting on the short seller’s behalf will be prohibited from further short sales in the same security unless the shares are not only located but also pre-borrowed. The prohibition on the broker-dealer’s activity applies not only to short sales for the particular naked short seller, but to all short sales for any customer.

Although the rule will be effective immediately, the Commission is seeking comment during a period of 30 days on all aspects of the rule. The Commission expects to follow further rulemaking procedures at the expiration of the comment period.

Exception for Market Makers from Short Selling Close-Out Provisions in Reg SHO Repealed

The Commission approved a final rule to eliminate the options market maker exception from the close-out requirement of Rule 203(b)(3) in Regulation SHO. This rule change also becomes effective five days after publication in the Federal Register.

As a result, options market makers will be treated in the same way as all other market participants, and required to abide by the hard T+3 closeout requirements that effectively ban naked short selling.

Rule 10b-21 Short Selling Anti-Fraud Rule

The Commission adopted Rule 10b-21, which expressly targets fraudulent short selling transactions. The new rule covers short sellers who deceive broker-dealers or any other market participants. Specifically, the new rule makes clear that those who lie about their intention or ability to deliver securities in time for settlement are violating the law when they fail to deliver. This new rule is effective immediately.

The Biggest Mistake Silver Investors and Traders Make

Last month I invited David Morgan Silver-Investor.com to come and do a guest blog post. Well we received a huge email and comment response to bring him back for more analysis.

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The Biggest Mistake Silver Investors and Traders Make!
Do you know what it is?

by David Morgan

To say that investors in the resource sector have been having a bumpy ride for the last six months would be the understatement of the year! Whether you hold mining stocks, buy physical precious metals, or play the futures market, it’s been hard to make dimes and easy to lose dollars. How is a trader supposed to keep his or her balance during these turbulent times, when gold and silver can make bigger up and down moves overnight than they normally do during the daytime session?

I’ve said many times that the market will seek to find and lay bare every weakness a trader has (both in personality and trading style). In order to survive and trade profitably, it is not enough just to become proficient in the mechanics of buying and selling. What is critical is to spend the time necessary to develop a thorough understanding of yourself.

An old Chinese saying that many of my readers have no doubt heard, but which in today’s market environment certainly bears repeating, goes:

If you know your opponent and yourself, you will be victorious in one hundred battles.
If you know only yourself, the odds are even.
If you know neither, there is great danger in one hundred battles.

Tony Burroughs of the Intenders tells us that, to a large extent, our reality is formed by the way we talk to ourselves. Almost always, the outcome of something we are doing will be more productive and positive if we “intend” rather than “try” or “hope.” When the markets are challenging, as they have been lately, “the novice buys into the doubt, but the ‘knower’ pushes the doubt aside and continues forward.”

Start by asking yourself if the reasons you initially invested in mining stocks and metals have changed. Do you believe the fundamentals are different now than they were a few months ago? Are your goals and how you plan to achieve them still aligned? Can you still focus on the larger, long-term picture and turn down the short-term noise?

If you believe, as I do, that this secular bull market for gold and silver has a long way to run, then you can more easily deal with current conditions, limit second-guessing, and make the trading decisions that will keep you in the game.

My friend Pat Gorman has spent much of his life helping others to develop the tools they need to succeed, as well as spending no small amount of time in the search for balance in walking his own path. He likes to speak of two important concepts that can help us stay centered and move forward professionally and personally. These concepts are discipline and gratitude.

Be disciplined in studying about the markets you choose to invest in, and then follow through on what you have learned. Just as important, take time on a regular basis to express your gratitude for what life has given you and the opportunities it presents. Sure the markets and the profit we hope to make from them are important. But doesn’t the real value in our lives rest with our relationships and the health of family, friends, and ourselves? Aren’t you privileged to live in a country that in spite of its many problems is still a beacon for millions of people from around the world?

Developing a thorough understanding about yourself and making sure your self-talk moves you in the direction of your personal and professional goals may not seem as exciting as pulling off a ten-bagger mining stock trade or catching a one-dollar move on a silver futures contract. But it really does offer the potential of helping your trading to become more consistent and enables it to flow with the market, regardless of what it is doing on a given day, week, or month.

Let’s face it. Not only is the market unaware that you exist, but it probably wouldn’t care, even if it knew. There are valid reasons for seeing the trading floors as battlefields, because that’s what they really are . . . titanic battles between bulls and bears.

When the day comes that you have developed a good understanding not only of the markets, but of yourself as well, you may then truly become “victorious in one hundred (trades) battles.” I’d say this is a very worthy endeavor. How about you?

Get Real, Buy Real,
David Morgan

Mr. Morgan is the founder of Silver-Investor.com and has followed the silver market daily for over thirty years. Much of this Web site is devoted to education about money, metals and mining.

The poster child of the AIG disaster

Last night while sitting in my living room flipping through the TV channels I stumbled upon Jim Cramer's Mad Money cable show. I had watched the show once or twice before and found  Jim to be a great entertainer and faster than a speeding bullet with his quips. But what really got my attention last night wasn't what stock he was pushing, but rather who he was ranting about.  Cramer was ranting about  SEC chairman Christopher Cox and his decision to remove the uptick rule on July 6th of last year.

Chris Cox what were you thinking??

So here is a picture of the poster child for the lack of regulation on Wall Street.

Christopher Cox is the 28th Chairman of the Securities and Exchange Commission. He was appointed by President Bush on June 2, 2005, and unanimously confirmed by the Senate on July 29, 2005. He was sworn in on August 3, 2005.

The SEC voted to remove the “short sale tick test”, Rule 17 CFR 240.10a-1 for all equity securities. Effective Friday, July 6, 2007  traders will be able to short all securities on an up, down, or zero tick.

RULE IMPLEMENTED: DOW July 6, 2007 13,611 - DOW September 16, 2007 11,059

Loss 2,552 Dow points


It's not often that I agree with Cramer or his investment pics, but I have to admit that I agree 100%  with what he said last night about Chris Cox. If you are as mad as Cramer is about Chris Cox then email him.

ch************@se*.gov











I doubt that you'll hear from Mr. Cox personally, but you will feel better that you did something about the lack of regulation on Wall Street.

Adam Hewison,

President  INO.com


Perception what an amazing word, and what an amazing effect it has on trading and the markets.

Perception what an amazing word, and what an amazing effect it has on trading and the markets.

We've talked about perception on this blog before and how important it is in the market. Yesterday was no exception, the guns were out to shoot down AIG and Lehman. Well certainly Lehman was DOA and AIG is certainly front and center  and in the gun sights of everyone who is involved in the markets.

Sometimes it's just smart to do nothing but sit back and watch. I think we should all take a collective deep breath and see what is happening to the financial icons of America.

AIG is different.

It is different from Bear Stearns, it is different from Lehman, and is a global concern with assets over $1 trillion. Now that's a lot of money in anyone's book. AIG does business in over 130 countries and has over 100,000 employees worldwide. No matter how you slice it, AIG has a huge footprint in the global financial community.

We are at a crossroads financially in the world, and if AIG goes under and declares bankruptcy it will have colossal ramifications for world trade and the financial system as we know it today.

Now don't get me wrong I believe in free market and I love to trade so what I am about to say may sound like a broken record. I again go back to my point that when the SEC removed the uptick rule it changed the trading world forever. The removal of this rule allowed hedge funds to basically hammer away at any stock that crossed their radar screen. I sincerely believe that the current lack of confidence and meltdown in the markets could have been avoided in many of the markets had this rule remained in place.

The hedge funds of today are just like the robber barons of yesteryear, they just gang up on a market and make it go their way.

Now I'm not a huge fan of regulation, but given the power of hedge funds we need to have some regulation to protect not only companies but also individual investors. If we do not put some checks and balances in place we will all be living in a very different world in the near future.

Okay, I'm getting off my soapbox now.

Perception often trumps commonsense in the marketplace. In the long run commonsense wins the day.

Adam Hewison
President, INO.com

A perfect trading example ...

Here is a perfect example of why you shouldn't pay too much attention to the news.

This past weekend, hurricane IKE slammed into the Gulf Coast leaving death and destruction in its path.

One would think that an event like this would cause oil prices to skyrocket, right? Considering that the Gulf is home to major oil refineries, the functionality of these plants would have a direct impact on supply.

The reality of the situation is that crude oil prices plummeted on Monday morning, dropping dramatically below the $100 a barrel price range for the first time this year.

If you haven't watched our trading video "How To Trade From A Desert Island," here is the link. You'll learn that listening to the market is more important than listening to the news.

You may also want to take a look at our "How To Trade Crude Oil In 90 Seconds" video. We have not changed our proven trading approach to this market. We are using the same technique that has shown such stellar returns over the past four quarters.

You can see our returns right here.

There are going to be some great trading opportunities for the balance of the year and particularly in Q4. If you would like to capitalize on the opportunities ahead, I strongly suggest you take our "30 Day Risk Free" trial to MarketClub. I personally use MarketClub to spot big move either up or down in stocks, futures and the forex markets.

Enjoy the videos and every success in your trading,

Adam Hewison
President, INO.com
Co-Creator of MarketClub.com

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