Posts Tagged ‘Legal’

Let’s Make Murder Illegal!

Let’s Make Murder Illegal!

Vinyl Ready Art - Holidays

Courtesy of Karl Denninger at The Market Ticker 

In a particularly picayune piece of irony FT reports:

The German government is planning to ban the naked short-selling of all German stocks listed on the country’s exchanges in a sweeping enlargement of last week’s contentious bar on the naked short-selling of some securities.

To be clear: Naked short-sales are already illegal.

A bit of explanation is called for here.  You can’t sell something you don’t own.  Therefore, to sell short you have to first acquire what you wish to sell.  To do this you borrow it from someone else.  For example:

"A" owns 100 shares of IBM stock.
"B" wishes to sell short 100 shares of IBM stock.

"B" therefore borrows "A"s stock, replacing that stock with an IOU for the 100 shares, and then sells them to "C".

There are still only 100 shares of stock.  "A" is entitled to whatever dividends would normally be paid by those 100 shares even though he doesn’t have them any more, and "B" has to make good on that.  "C" has the physical shares and gets the cash dividends that are paid on them, if any.

If "A" wishes to sell his 100 shares "B" must return them.  He must return them because the IOU "A" has is callable on "A"s demand, irrespective of the price "B" might have to pay to acquire them!

That price might be very high if there are no willing sellers at a "reasonable" price when "B" has to repurchase them.  But that doesn’t matter – "B" agreed to this when he entered into the short sale.  This event, called a "short squeeze", is one of the risks of selling securities short – since you don’t own them and have to borrow them the person you borrowed them from might want them back at any point in time – and you’re obligated to deliver if that happens, even if it bankrupts you (and sometimes it does!)

Unscrupulous people can and have gotten around this problem.  How? By not actually having acquired the securities they allegedly sell short!

Hang on a second…. how is that possible?

Today, it’s very possible.  "Back in the day" it was pretty tough, since stocks were represented as physical pieces of paper.  When the trade settled you…
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Goldman, Sears, Others Named In Insider Trading Subpoenas

Goldman, Sears, Others Named In Insider Trading Subpoenas (GS, SHLD)

Courtesy of Clusterstock, by Lawrence Delevingne

 

 


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Rajaratnam Pal: “I’ll Be Like Martha F**** Stewart”

Rajaratnam Pal: "I’ll Be Like Martha F**** Stewart"

Courtesy of Joe Weisenthal at Clusterstock

Some great stuff here, courtesy of the Manhattan DA’s complaint. This part in particular (which Alphaville caught) sounds very, very prophetic.

marthaeffinstewart.png

Meanwhile, this doesn’t look good for Moody’smoodysleaks.png

Source: Hedge Fund Insider Trading PR

Raj RajaratnamSee Also:

Raj Rajaratnam Big Democratic Booster

Feds Perp Walk Raj Rajaratnam

Raj Rajaratnam, Founder of $3 Billion Galleon Group Hedge Fund, Arrested (GOOG, AMD, AKAM, CLWR)

 


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Wall Street Panics In Wake Of Galleon Insider Trading Case

Wall Street Panics In Wake Of Galleon Insider Trading Case

fleeCourtesy of John Carney at Clusterstock

Traders at hedge funds and Wall Street trading desks are quaking over the news that the FBI tapped the phone lines of Galleon founder Raj Rajaratnam. 

The news that the government is (finally) employing techniques typically used against organized crime or international drug cartels is raising fears about who might be next.

We spoke to traders at two prominent hedge funds who both described the feeling at their firms as “panicked.”

“Suddenly you are wondering about every conversation you’ve had about a public company, wondering if the Feds were listening in,” one trader said.

Traders spend a lot of time exchanging information with colleagues and reaching out to people in the industries they cover in hopes of gaining an edge. Rumors, gossip and loose talk are their bread and butter.

Raj RajaratnamMost of this is fair game. But if the ultimate source is an insider or the news is about a major deal that has yet to be announced, the trader can step into dangerous legal territory.

Even when traders learn inside information, there is usually little chance of getting caught. The SEC watches unusual trading activity but an active trader will usually get a pass if he’s buying or selling stocks that he usually trades in anyway.

Even those cases that do come up are hard to prosecute, especially if no one confesses. So occasional civil cases are brought but almost no criminal cases emerge involving traders.

This case shattered that pattern because the government used the tools it uses against hardcore drug criminals and terrorists to uncover the alleged insider trading.

Traders are now living in a very different world. Legally speaking, trading is far more dangerous than anyone knew.

Now see the scandal in photos >

See Also:

Raj Rajaratnam Funded Sri Lankan Terror Group

Galleon "Shocked" By Raj Rajaratnam Arrest

Will Raj Rajaratnam Spend 200 Years In Jail?

 

Previously, John Carney reporting:

Raj Rajaratnam, Founder of $3 Billion Galleon Group Hedge Fund, Arrested (GOOG, AMD, AKAM, CLWR)

Prosecutors and the FBI have announced that they have filed charges against several people involved with the Galleon Group hedge fund, including founder Raj Rajaratnam. Galleon is a major hedge hund player known for its investment in technology stocks…

Most notably, the government is filing criminal…
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Bove: Wells Fargo Sitting On A Volcano About To Explode (WFC)

Bove: Wells Fargo Sitting On A Volcano About To Explode (WFC)

 Courtesy of Yael Bizouati at Clusterstock

 


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It’s Time For A Market In Human Organs

I’ve added a few comments at the end, relying on old information, but from the content of this article, there’s been no improvement in the situation in the last 15 years.  Thanks to Joe for bringing up this important topic! – Ilene

It’s Time For A Market In Human Organs

Apple CEO Steve Jobs (400x300)Courtesy of Joe Weisenthal at ClusterStock

The Boston Globe’s Jeff Jacoby writes that the Steve Jobs liver transplant, and the fact that he may have put his name on the list of several states in order to ensure maximum odds of getting a liver, is a reminder of how horribly broken and dysfunctional this current system is.

What we need is a market mechanism to compensate and encourage organ donors:

No one would dream of suggesting that medical care is too vital or sacred to be treated as a commodity, or to be bought and sold like any other service. If the law prohibited any “valuable consideration’’ for healing the sick, the result would be far fewer doctors and far more sickness and death.

The result of our misguided altruism-only organ donation system is much the same: too few organs and too much death. More than 100,000 Americans are currently on the national organ waiting list. Last year, 28,000 transplants were performed, but 49,000 new patients were added to the queue. As the list grows longer, the wait grows deadlier, and the shortage of available organs grows more acute. Last year, 6,600 people died while awaiting the kidney or liver or heart that could have kept them alive. Another 18 people will die today. And another 18 tomorrow. And another 18 every day, until Congress fixes the law that causes so many valuable organs to be wasted, and so many lives to be needlessly lost.

The fact that we have so many people waiting for kidneys, waiting on expensive and painful dialysis, is proof of how bad the system is, since healthy people don’t need two kidneys, and since having only one kidney doesn’t increase your own odds of getting sick (kidney failure strikes both at the same time, typically).

Rather than delve into all the details of how it would work in practice, let’s just consider some common objections to organ markets, and why they’re all so


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Chrysler’s Lawyers Tell Supreme Court That A Stay Will Kill Fiat Deal

Courtesy of John Carney at ClusterStock

Chrysler’s Lawyers Tell Supreme Court That A Stay Will Kill Fiat Deal

caroffcliff.jpgChrysler’s lawyers filed a brief this morning responding to the stay applications of the pension fund creditors. The brief was written by by Thomas Cullen of Jones Day in D.C. and makes some highly explosive claims about the effects of a possible stay.

Tony Mauro of the Blog of the Legal Times describes the brief:

In light of the company’s  "fragile state and daily erosion of value," Cullen argues that a stay would mean that "the sale will not happen," and the challengers would effectively prevail — even though lower courts have upheld the sale agreement. That result would also force the company into liquidation and "cause massive harm to Chrysler and the public interest," the brief asserts.


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Zero Hedge

Today's Stock Market Is A Casino Powered By Easy Money And Boredom

Courtesy of ZeroHedge View original post here.

Via Birch Gold Group,

We are already aware of Federal Reserve Chairman Jerome Powell’s stance on rates and inflation (at least for the immediate future).

That loose monetary policy has the potential to inflate a big asset bubble on its own. But that isn’t the only Fed policy that could be (at least indirectly) wreaking havoc on the economy.

The first Fed...



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ValueWalk

Adversity and Pandemics: Dr Yosef Alhasany's Innovative Perspective on Psychoanalysis

By Adriaan Brits. Originally published at ValueWalk.

  • The WHO pointed out that the pandemic caused mass trauma bigger than that of WWII
  • A unique and ‘medically realistic’ approach provides new, innovative insights and paves the way towards a much brighter future in today’s challenging and stigma-infested society in relation to Mental Health.
  • With the arrival of COVID-19 mental health issues have seen a drastic incline worldwide, and more people are now looking for a form of therapy that actually works. 

The adversity brought by the global pandemic, have experts rethink mental health provisions, most notably, access to ass...



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Phil's Favorites

Goldman, Bank Of America Made Hundreds Of Millions From Texas Blackouts

 

Embed from Getty Images

 

Courtesy of ZeroHedge

Who needs Enron when you have taxpayer-backed "banks."

Whereas 20 years ago, it was Enron that made billions from the California electricity crisis (which it caused), a scandal which culminated with Enron's scandalous and convoluted bankruptcy, this time it is pristine banks such as Goldman and Bank of America that made hundreds of millions of dollars in revenue as tens of millions of Texans were stuck in the dark.

A...



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Chart School

Who is King? The Bond Market or the FED

Courtesy of Read the Ticker

The King Arthur story is battle between a false KING and the true KING. Generally the movie involves surprises, love and violence, and all this coming to the risk on markets very soon. 

The financial blog space expects the FED to do some sort of Yield Curve Control (YCC) to hold interest rates down while inflation moves higher, this is allowing inflation to run hot. The FED wishes to do this over time to deflate the debt away. Very similar to the 1940's post WW2, yields were pegged to 2% and risk on assets went sky high.

However Peter Boockvar suggest the FED may soon learn it is not in control and the true king of the markets is the BOND MARKET. Peter says simply the bond market is telling the FED to bite me!

The FED is not us...

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Biotech/COVID-19

88% Of COVID Deaths Occurred In Countries Where Over Half Of Population Overweight

Courtesy of ZeroHedge View original post here.

A new report by the World Obesity Federation found that 88% of deaths in the first year of the pandemic occurred in countries where over half of the population is classified as overweight - which is defined as having a body mass index (BMI) above 25. Of note, BMI values above 30 - considered obese - are associated with 'particularly severe outcomes,' accor...



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Kimble Charting Solutions

Tech Indicator Peaking Again At Dot.com Highs? Joe Friday Says Watch This Index!

Courtesy of Chris Kimble

Technology is at the heart of our economy… the same way that industrials were 100 years ago.

And that leadership has been present in the stock market for the past two decades. Today’s chart illustrates this… as well as a potential “pause” in that leadership vacuum.

Below is a long-term “monthly” ratio chart of the Nasdaq Composite versus the S&P 500 Index. Here you can see how technology stocks...



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Politics

Why repressive Saudi Arabia remains a US ally

 

Why repressive Saudi Arabia remains a US ally

A demonstrator dressed as Saudi Arabian Crown Prince Mohammed bin Salman with blood on his hands protests outside the Saudi Embassy in Washington, D.C., on Oct. 8, 2018. Jim Watson/AFP via Getty Images

Courtesy of Jeffrey Fields, USC Dornsife College of Letters, Arts and Sciences

Saudi Crown Prince Mohammad bin Salman “approved an operation … to capture or kill Saudi journalist Jamal Khashoggi,” according to a...



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Mapping The Market

Which Governments Ordered Johnson & Johnson's Vaccine?

 

Which Governments Ordered Johnson & Johnson's Vaccine?

Courtesy of Niall McCarthy, Statista

On Wednesday, U.S. regulators announced that Johnson & Johnson's Covid-19 vaccine being developed by its subsidiary Janssen Pharmaceuticals in Belgium is effective at preventing moderate to severe cases of the disease. The jab has been deemed safe with 66 percent efficacy and the FDA is likely to approve it for use in the U.S. within days.

The Ad26.COV2.S vaccine can be stored for up to three months in a refrigerator and requires a single shot, ...



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Digital Currencies

Crypto - It Is Different This Time

 

Crypto – It Is Different This Time

Courtesy of Howard Lindzon

?I have been astonished as you know by the growth of crypto.

I remember back in 2017 when I noticed that Stocktwits message volume on Bitcoin ($BTC.X) surpassed that of $SPY. I knew Bitcoin was here to stay and Bitcoin went on to $19,000 before heading into its bear market.

Today Bitcoin is near $50,000.

Back in November of 2020, something new started to happen on Stocktwits with respect to crypto.

After the close on Friday until the open of the futures on Sunday, all Stocktwits trending tickers turned crypto. The weekend messages on Stocktwits have increased 400 percent.

That has continued each weekend...



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The Technical Traders

Adaptive Fibonacci Price Modeling System Suggests Market Peak May Be Near

Courtesy of Technical Traders

Our Adaptive Fibonacci Price Modeling system is suggesting a moderate price peak may be already setting up in the NASDAQ while the Dow Jones, S&P500, and Transportation Index continue to rally beyond the projected Fibonacci Price Expansion Levels.  This indicates that capital may be shifting away from the already lofty Technology sector and into Basic Materials, Financials, Energy, Consumer Staples, Utilities, as well as other sectors.

This type of a structural market shift indicates a move away from speculation and towards Blue Chip returns. It suggests traders and investors are expecting the US consumer to come back strong (or at least hold up the market at...



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Lee's Free Thinking

Texas, Florida, Arizona, Georgia - The Branch COVIDIANS Are Still Burning Down the House

 

Texas, Florida, Arizona, Georgia – The Branch COVIDIANS Are Still Burning Down the House

Courtesy of Lee Adler, WallStreetExaminer 

The numbers of new cases in some of the hardest hit COVID19 states have started to plateau, or even decline, over the past few days. A few pundits have noted it and concluded that it was a hopeful sign. 

Is it real or is something else going on? Like a restriction in the numbers of tests, or simply the inability to test enough, or are some people simply giving up on getting tested? Because as we all know from our dear leader, the less testing, the less...



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Insider Scoop

Economic Data Scheduled For Friday

Courtesy of Benzinga

  • Data on nonfarm payrolls and unemployment rate for March will be released at 8:30 a.m. ET.
  • US Services Purchasing Managers' Index for March is scheduled for release at 9:45 a.m. ET.
  • The ISM's non-manufacturing index for March will be released at 10:00 a.m. ET.
  • The Baker Hughes North American rig count report for the latest week is scheduled for release at 1:00 p.m. ET.
...

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Promotions

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Feb. 26, 1pm EST

Click HERE to join the PSW weekly webinar at 1 pm EST.

Phil will discuss positions, COVID-19, market volatility -- the selloff -- and more! 

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About Phil:

Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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About Ilene:

Ilene is editor and affiliate program coordinator for PSW. Contact Ilene to learn about our affiliate and content sharing programs.