This financial mess on Wall Street has wannabe financial guru’s coming out of the woodwork with all of their crazy theories on why the market has fallen so quickly and so disastrously but putting the blame in the wrong place and I just can’t take it anymore.
First of all, this statement today by Attorney General Andrew Cuomo is patently false:
Cuomo said the markets “need to be stabilized and the only way to help bring about that stability is to root out and deter short-selling that is based on false information.”
Short selling is a core part of the balance that makes the stock market work. Remove short selling and all you have is people buying stocks in companies that probably aren’t worth their weight in paper.
He also said, “the SEC should freeze short-selling of financial sector stocks on a temporary basis”
Are you nuts? Just because a stock is falling you can’t assume it’s because of short selling pressure, and even if it is, so what? Shorts attempt to push a stock price down, buyers then come in and move the stock up, and shorts cover, pushing the stock up further in what is called a “short squeeze” where the demand overwhelms the supply of available stock. This is a natural part of the market and the way it is intended to work. The flip side of this is that pressure is put on a stock by short selling which can cause longs to panic and sell, pushing the price down further. This isn’t manipulation and isn’t illegal.
What IS illegal however is something known as “Naked Short Selling“.
In a normal short sale, an investor has to reserve shares to borrow from their broker stating they want to sell it at a certain price. The broker acquires the borrowed shares and sells them at the given price. If the stock drops, the short seller then covers to buy at the lower price, netting the profit and the broker then returns the borrowed shares.
In a naked short, the “borrowed” shares don’t exist to begin with but the broker agrees to the short and the transaction occurs just the same as the normal short sale. What then happens is a mess that can create a financial catastrophe. Since the broker didn’t have the shares to short in the first place. Investopedia defines this, “When failure to deliver occurs, either the party with the long position does not have enough money to pay for the transaction, or the party in the short position does not own the underlying assets that are to be delivered. “
What this means is if neither party owns the stock, a naked short sell creates “phantom shares” in the system that belong to no one. Remember all these transactions are electronic these days. These phantom shares then are seen as excess which dilutes the price of the stock and can cause the system to collapse.
Naked shorts have and always will be illegal. The problem is that it’s very hard to track down. It is possible that the recent collapse of AIG, Bear Stearns, Merrill Lynch and others is a result of naked short selling but it’s more likely a result of bad management making bad decisions in spite of their own rules to protect themselves from the inherint risk associated to loaning money to individuals that don’t have the means to pay it back when interest rates change.
Does anyone really think all the interest only, ARM (Adjustable Rate Mortgages) and CDOs (Collateralized Debt Obligations) floating around out there were good for the market? Temporarily yes, these institutions were making money on bad debts but that isn’t sustainable. Billions of dollars in writedowns later we have a financial crisis not seen since the 1930s.
Stop blaming this on short selling and start blaming the management of these poorly run companies.
Unfortunately a lowering tide beaches all ships. This downturn has been broad reaching to the point that we are now seeing some major consolidation. This is becoming reminiscent of the measures FDR took to get the country back on track.
For more information about naked short selling and the danger poses to the markets, check out this presentation. It’s long but well worth the time to understand how this can devistate a market, but also how legal short selling is an integral part of a healthy stock market.