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Naked Short Sales Provoke Complaints but No Cases

Wall Street Journal Original article ›

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Even after receiving 5000 complaints over ayear and half about aggressive short selling that amounted to market manipulation, the SEC did not bring any enforcement cases, according to areport by the SEC's inspector general. Of the 5000 complaints between Jan 2007 and Jne 2008 only 123 were investigated, and no cases were brought.12.5% of emails alleging insider trading prompted an investigation. About 1.38 million emails were handled by 4 staffers, showing horrendous understaffing. In a written response SEC enforcement staff played down the likelihood of naked short selling abuses. It noted that alarge number of cases settle over time. The SEC staff said that the agency needed to "intelligently leverage" its resources and alarge number of complaints provide "no support for the allegations". Morgan Stanley, Citigroup and other frims came under extreme pressure from short selling, and short selling has led to near collapse of many firms during the crisis since the middle of 2008, so its strange that the SEC takes this position. But it is not surprising as in recent years enfocement has been lax, regulation has been neglected almost by design, and resources and staffing are severely short of needs for the SEC's mission to be performed with some degree of confidence.

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