This news while somewhat dated is timely nonetheless

New Post Public Reply Private Reply Replies (0) Message Board
AlanC AlanC #93334
586
This news while somewhat dated is timely nonetheless especially in light of the charges recently made against CANT for the same crimes:

Whistleblower Vindicated: Massive Trading Firm Knight Capital Charged With Abusing “Naked Shorts”
David Dayen

December 15 2016, 11:53 a.m.

Back in September, I wrote a seven-part series at The Intercept chronicling how former Wall Street trader Chris DiIorio, determined to figure out how he lost a small fortune on a penny stock, came to the conclusion that gigantic market-making firm Knight Capital, now known as KCG, repeatedly violated federal regulations meant to prevent abuse in what are known as “naked short sales.”

It was an explosive allegation. Naked short sales are when you sell a stock you don’t have. That’s illegal most of the time, for obvious reasons. DiIorio found evidence that KCG had illegally conducted nearly two billion dollars’ worth of them.

It was a bit of a mystery story, with two unanswered questions at the end: Was DiIorio right? And if so, why hadn’t any regulatory authority done anything about it?

One regulatory authority finally has, and its action would seem to confirm DiIorio’s suspicions.

The Financial Industry Regulatory Authority (Finra), a private self-regulatory organization, charged KCG on October 31 with thousands of violations over three years of Regulation SHO, which according to the Securities and Exchange Commission (SEC) “was established to address concerns regarding persistent failures to deliver and potentially abusive ‘naked’ short selling.

Finra further found that KCG “failed to establish and maintain a supervisory system” to comply with Regulation SHO going back to 2012, when the company was re-constituted through a merger.

“So Finra is admitting that KCG never had a system in place,” DiIorio said in an emailed statement.

20160614_ChrisDilorio038-resize

Chris DiIlorio.

Photo: Matt Slaby for The Intercept
But despite the routine of repeated misconduct, KCG accepted a settlement on November 22 for a mere $105,000 and some new monitoring. KCG did not even have to admit wrongdoing.

DiIorio’s reaction: “What a deterrent!”

Regulation SHO violations were central to DiIorio’s claims that KCG isolated and targeted penny stocks through naked short selling.

A short sale is a bet that a stock price will drop. Short sellers borrow stock shares from a broker and sell them into the market, hoping to return them to the borrower after buying the same number of shares back when the stock falls in value, profiting from the exchange.

But with a naked short sale, the trader doesn’t even borrow the stock. This creates artificial shares in a security, increasing supply and crippling the sale price.

Naked short selling is only legal for market makers like KCG, so that if there’s high demand for a stock, a market maker can fill orders even if they don’t have the shares immediately available. DiIorio, who began to investigate this after a penny stock he purchased was wiped out in 2006, concluded that KCG doesn’t engage in naked shorting to facilitate markets, but rather to make money for themselves by battering penny stocks.

Naked shorts cannot stay naked forever. SEC rules dictate that naked short sellers must eventually deliver shares to the buyer and close out the trade. Not doing so results in a “fail to deliver,” the securities version of an IOU. Under Regulation SHO, short sellers have to cough up the stock within one day of incurring the fail.

Finra staff reviewed four separate time periods from 2012 to 2015, spot-checking for errors. Most of the problems were found between June and July 2013, when Finra found 3,477 separate instances of KCG engaging in “a short sale for its own account without first borrowing the security,” a description of naked short selling, “while it had a fail-to-deliver position… that had not been closed out.” According to a footnote, these naked shorts were done “to facilitate a customer(s) long sale order on a riskless principal basis.”

This matches DiIorio’s explanations. “This is how KCG generates trading profits in penny stocks,” he said. “There is no such thing as riskless principal basis unless you’re doing something illegal.”

The customers facilitating KCG’s short sales by buying the stock long, DiIorio claimed, are typically high net-worth individuals operating through Swiss banks, using the trading activity as part of a scheme to launder money and evade taxes.

While this was particularly difficult for DiIorio to verify, a separate Finra disciplinary action completed just days ago against Swiss firm Credit Suisse faults the bank for failing to flag potential money laundering abuses based on “suspicious microcap stock transactions and sales of unregistered securities.” The trading at issue “followed patterns commonly associated with microcap fraud.”

A trader works at the Knight Capital Group Inc. booth on the floor of the New York Stock Exchange (NYSE) in New York, U.S., on Tuesday, Aug. 7, 2012. U.S. stocks advanced, sending the Standard & Poor?s 500 Index higher for a third straight day, amid better-than-estimated corporate earnings and speculation global central banks will take steps to boost economic growth. Photographer: Jin Lee/Bloomberg via Getty Images

A trader works at the Knight Capital Group Inc. booth on the floor of the New York Stock Exchange (NYSE) in New York, U.S., on Tuesday, Aug. 7, 2012.

Photo: Jin Lee/Bloomberg/Getty Images
This also fits with DiIorio’s story.

In all, Finra identified 3,616 violations of Regulation SHO at KCG over the four-year period. The disciplinary action included “a censure,” a fine totaling $105,000, and the mandating of a written process to ensure future compliance with Regulation SHO within 60 days.

Oddly, it fell to Finra, an independent agency unrelated to the government, to enforce Regulation SHO — not the SEC, which implemented the rule and has oversight responsibility. Routine failures to deliver are supposed to lead to fines by the SEC, or even a ban from the securities markets. DiIorio has attempted to get the SEC interested in his claims for five years, to no avail. “The SEC outsourced this to Finra,” he said.

KCG did not announce the Finra settlement with a press release. Its most recent trading volume statement, for October, shows that the vast majority of its shares traded continue to be in the primary penny stock market exchanges, OTC Bulletin Board and OTC Market. Sophie Sohn, a spokesperson for KCG, said the company had no comment on the settlement.
We depend on the support of readers like you to help keep our nonprofit newsroom strong and independent. Join Us


https://theintercept.com/2016/12/15/whistlebl...ed-shorts/

Go NTEK!!!
1

Nanotech Entertainment Inc. (NTEK) Stock Research Links

NTEK Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

DKS Lawsuit Deadline: Investors Must Act by Nov 3, 2026

Updated Category News Views 125

Clock's Ticking for DICK'S Investors If you've got money tied up in DICK'S Sporting Goods—bought between September 8, 2025, and August 24, 2026—listen up. There's a class action lawsuit aiming to recover some of what might've slipped through your fingers. Come November 3, 2026, the door slams shut on your chance to get involved. What's the Beef? Apparently, DICK'S had...

Continue Reading
Voting for Future Urban Icons Begins Globally

Updated Category News Views 181

New Era for Urban Innovations Takes Center Stage Here's a twist folks didn't see coming: Future cities aren't just the stuff of sci-fi flicks anymore. We've got a global stage now—real, live, and buzzing with excitement from New Clark City in the Philippines. On October 31, 2026, they pulled back the curtain on 7wondersfc.com, flipping the switch on a worldwide voting...

Continue Reading
NABEP's Strategic Push: 41 Rigs to Bolster Output

Updated Category News Views 263

On The Ground: NABEP's Expanding Venezuelan Presence Think of oil production as a high-stakes poker game where each drill and rig is a well-placed bet. North American Blue Energy Partners (NABEP) is going all in on Venezuela, boosting their rig fleet and pushing production capacity to new heights. Set your sights on November when NABEP's in-country fleet will hit 41 rigs...

Continue Reading
BAIC FOTON Eyes Africa for Bold Expansion Moves

Updated Category News Views 179

Pushing the Pedal to the Metal in Africa So here's the thing. When a company like BAIC FOTON sets its sights on Africa, you best believe they're not just twiddling their thumbs. Coming off a strong streak in the commercial vehicle game—topping China's sales for 21 years and exports for 15—their ambitions are now married to a keen interest in Africa's burgeoning...

Continue Reading
SCANOLOGY's AirGO Pad Revolutionizes On-Site Inspections

Updated Category News Views 174

Mobile 3D Scanning — Finally, Some Real Innovation Gone are the days where engineers had to cart around bulky laptops just to finish a simple inspection. SCANOLOGY has thrown a real game-changer into the mix with their new AirGO Pad. It's essentially a slick tablet that keeps your scanning, inspecting, and reporting all in one place, right beside whatever tangled hunk...

Continue Reading
Langford Chosen for Navy Mutual's 2026 Bolles Award

Updated Category News Views 355

Awarding a Military Financial Educator There's something profoundly rewarding when hard work and dedication get their due recognition. That's precisely what's happened for Lacey Langford, who’s just been awarded the Lieutenant Timothy Dix Bolles Excellency in Education Award by the Navy Mutual Aid Association, or simply Navy Mutual. This isn’t just some...

Continue Reading
Karma Automotive Debuts High-Stakes Eximius Program

Updated Category News Views 213

Breaking Ground with Bespoke Engineering Fancy seeing a car more unique than a snowflake, eh? Well, Karma Automotive is upending the luxury vehicle market with the launch of the Eximius program. Catering to the whims of the elite who aren’t just satisfied with a plethora of options, this is a game for those who crave a motorized extension of their ego and address book....

Continue Reading
SKYWORTH Solar's Solavita: Energizing Global Microgrids

Updated Category News Views 166

Aiming for Global Reach with Solavita Usually, when a company flings a new brand into the arena, you're looking at a whole bunch of promises and probably a fat folder of paperwork you don't want to read. But when SKYWORTH Solar dishes out Solavita as its new ace in the smart microgrid game, you reckon there's a bit of serious starch in the collar. Harnessing Worldwide...

Continue Reading
UBCF Strikes Big in Times Square with New Billboards

Updated Category News Views 166

From the Shadows to the Spotlight Ever seen someone step up to the plate and knock it out of the park? That's what the United Breast Cancer Foundation (UBCF) is doing by plastering their mission right across Times Square. Talk about grabbing the bull by the horns, eh? With not one, but two billboards now gracing one of the globe's most iconic public spaces, they've...

Continue Reading
Fluence Energy Faces Class Action: Investors Beware

Updated Category News Views 215

Storm Clouds Over Fluence Energy I'll tell you, I ain't surprised when companies face the music for dressing up their books. Fluence Energy, Inc. (NASDAQ: FLNC)—those wallopers are now caught in a legal maelstrom with a securities fraud class action lawsuit hanging over their heads. It's hard to feel sorry for 'em when the writing's on the wall. Allegations and...

Continue Reading

Top 5 Most Recently Viewed Articles

Reeflex Solutions Enhances Digital Presence with Website Launch

Updated Category News Views 113

Reeflex Solutions Inc. Launches Upgraded Online Platforms CALGARY, Alberta – Reeflex Solutions Inc. (TSXV: RFX), commonly referred to as Reeflex, is excited to announce the launch of its newly designed corporate website along with an updated investor presentation. This development serves as a centralized hub for stakeholders looking for essential insights into the...

Continue Reading
Bavarian Nordic's Mpox Vaccine Gains WHO Prequalification Status

Updated Category News Views 141

Bavarian Nordic Celebrates WHO Prequalification Milestone Bavarian Nordic A/S (OMX: BAVA) has achieved a significant milestone with its IMVANEX vaccine becoming the first to receive prequalification from the World Health Organization (WHO) for mpox. This groundbreaking step is expected to improve vaccine availability in various countries, especially within Africa....

Continue Reading
Juricon's Remarkable Q1 2025 Growth in Legal Entities

Updated Category News Views 150

Juricon's Impressive Growth in Q1 2025 Juricon, the top platform linking individuals and businesses to qualified legal professionals, has made remarkable strides in Q1 2025. The platform reported over 80,000 website visitors, an expanding social media footprint, and an impressive Google Ads click-through rate (CTR) exceeding 14%. This growth highlights Juricon's...

Continue Reading
Canada's Defense Spending Needs Significant Hike by 2033

Updated Category News Views 183

Canada's Defense Spending Challenges Ahead Canada is facing a critical juncture in its defense spending strategy. Recently, a parliamentary watchdog suggested that to meet NATO's defense spending requirements, the country would need to significantly increase its budget. Specifically, the Parliamentary Budget Office (PBO) indicated that Canada would need to double its...

Continue Reading
EarthDaily Analytics Strengthens Forestry Solutions with SkyForest

Updated Category News Views 246

EarthDaily Analytics Strengthens Forestry Solutions with SkyForest EarthDaily Analytics is making significant advancements in its offerings by integrating SkyForest, a leading platform in wildfire risk assessment and forestry analytics. This acquisition marks a pivotal moment as EarthDaily aims to bolster its Earth Observation portfolio, which is crucial for effective...

Continue Reading