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Post by kc on Sept 16, 2014 11:18:33 GMT -5
We need to investigate and research the issue of Failure to deliver shares published by the SEC. Who holds the SEC accountable for policing their own rules? What is FINRA's involvement. please take a look at this link and due some homework. This is really massive minipulation of shares. failstodeliver.com/default.aspx symbol: MNKD then hit Dump fails raw data. this is massive and eye opening. How far back can you go on this failed to deliver chart? It would be good if somebody could compile it for 2014, 2013 and deliver it to the SEC. Perhaps many of us would file and deliver it to the SEC. There is big minipulation occuring and somehow the regulators ignore it. Very sad situation. We know the story but it will hopefully end in a positive manner if we stick it out over the next 12 to 24 months. But its an ugly story and sad that we don't have the attention of anybody except the group at Crew. It would be worth it to hire a forensic account to gather this information and to present to the SEC. I found a site that you can track going back to 2007. I am not an excel expert but it says data will paste into Excel. Can one of the experts on the board do this and post the excel chart for 2014. We can see the minipulation of the hedges. failstodeliver.com/default.aspx symbol: MNKD then hit Dump fails raw data. this is massive and eye opening. |
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Post by Deleted on Sept 16, 2014 11:30:54 GMT -5
Here's since Jul 1: MNKD: 5,880,000 shares failed to deliver MNKDW: 8,030,000 shares failed to delivery (Interestingly enough, 8,000,000 of them FTD in the full week after FDA Approval. File is attached Attachments:FTDMNKD1.xlsx (10.26 KB)
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Post by suebeeee1 on Sept 16, 2014 12:39:10 GMT -5
Can someone please explain to me "failed to deliver"? I've never come across this before and seems illegal at first glance. If it IS legal, it would seem that no amount of short interest would ever be held responsible.
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Post by kc on Sept 16, 2014 12:51:48 GMT -5
It's supposed to be illegal. But who polices? The SEC ?
If my calculations are correct since 1/1/2014 there has been over 39,523,045 shares listed on the failed to deliver list. How can that be correct? I know that at some time they have to pay up or the broker who placed the transaction has to pay and you can imagine that they are not in the business of covering some shorts loss.
Perhaps there is an attorney on this board who can educate us on what is supposed to happen to a Fail to deliver.
I guess that we should all write the SEC and ask about the problem. I wonder what Investor Relations at MNKD would say?
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Post by vissertrades on Sept 16, 2014 12:53:26 GMT -5
Securities and Exchange Commission Chief FOIA Officer and FOIA Public Liaisons In response to Executive Order 13392, Improving Agency Disclosure of Information, dated December 14, 2005, the following designations have been made: Chief FOIA/PA Officer: Barry Walters, waltersb@sec.gov FOIA Public Liaisons: John Livornese, FOIA/PA Officer livornesej@sec.gov Jeffery Ovall, FOIA Branch Manager ovallj@sec.gov Lizzette Katilius, FOIA Branch Manager katiliusl@sec.gov David D. Henshall, FOIA Branch Manager henshalld@sec.gov Ray J. McInerney, FOIA Branch Manager mcinerneyr@sec.gov All Public Liaisons can be reached at 202-551-7900 FOIA Public Service Center: Office of FOIA Services 100 F Street NE Washington, DC 20549-2736 202-551-8300 www.sec.gov/foia/foiacontacts.htm |
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Post by vissertrades on Sept 16, 2014 12:59:46 GMT -5
"Sellers of U.S. equities who have not provided shares by the third day after the transaction are said to have "failed-to-deliver" shares. Using a unique dataset of the entire cross-section of U.S. equities, we document the pervasiveness of delivery failures and provide evidence consistent with the hypothesis that market makers strategically fail to deliver securities when borrowing costs are high. We also document that many of the firms that allow others to fail to deliver to them are themselves responsible for fails-to-deliver in other stocks. Our findings suggest that many firms allow others to fail strategically simply because they are unwilling to earn a reputation for forcing delivery and hope to receive quid pro quo for their own strategic fails." www.safehaven.com/article/6201/failure-to-deliver-or-deliverance |
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Post by vissertrades on Sept 16, 2014 13:16:15 GMT -5
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Post by vissertrades on Sept 16, 2014 13:24:56 GMT -5
What can investors, the SEC, and Congress do about Arena's [MNKD] consistent Fails-To-Deliver: Call, email or fax this article to your broker to enforce Reg SHO, Rule 10b-21, and Rule 203(b)(3)(iii) of Regulation SHO on all Arena short interest. Fails-to-Deliver are, in essence, counterfeit shares because naked shorting (selling shares you don't own) creates an imbalance in the market as the sell side is artificially increased with naked short shares. Typically, a stock market investor or trader has three days (T+3) to cover. According to SEC rules, if the broker-dealer has not located a share to borrow, they are supposed to take cash in the short account and purchase a share in the open market. This is called a "buy-in," and it is supposed to maintain the total number of shares in the market place equal to the number of shares the company has issued. Mr. Thompson explained the process: "The markets check to see if the amount of fails to deliver is more than 1/2 of 1% of the total outstanding shares in that security. If it is, then it goes on a "Threshold List." If it is then on the Threshold List for 13 consecutive settlement days, restrictions on short selling then apply.The "close-out" requirement forces a participant of a registered clearing agency to close out any "fail to deliver" position in a threshold security that has remained for 13 consecutive settlement days by purchasing securities of like kind and quantity. If the participant does not take action to close out the open fail to deliver position, the participant is prohibited from making further short sales in that security without first borrowing or arranging to borrow the security. Even market makers arenot exempt from this requirement." The total lack of enforcement and regulation is apparent by Mr. Thompson's admission that the DTCC is powerless: "Naked short selling, or short selling, is a trading activity. We don't have any power or legal authority to regulate or stop short selling, naked or otherwise. We also have no power to force member firms to close out or resolve fails to deliver. That power is reserved for the SEC and the markets, be it the NYSE, Nasdaq, Amex, or any of the other markets. The fact is, we don't even see whether a sale is short or not. That's something only the markets see. NSCC just gets "buys" and "sells," and it's our job to try and clear and settle those trades." The problem is clearly in the loopholes, enforcement, regulation, and penalty side of the equation. Your broker dealer is responsible for enforcing Reg SHO, Rule 10b-21, and Rule 203(b)(3)(iii) of Regulation SHO. Demand it! beta.fool.com/mrjosephd/2012/11/26/what-investors-should-know-and-do-make-sure-short-/17306/ |
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Post by mannmade on Sept 16, 2014 13:33:28 GMT -5
and btw, this is totally type of action is totally consistent with the Cramer video posted a week or so ago...
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Post by jpg on Sept 16, 2014 14:32:55 GMT -5
I certainly do not have the expertise to complain to the SEC but If there really is evidence that MNKDs stock is being manipulated in an obviously (and easily provable way) Mannkind, as the representative of all shareholders, should be officially complaining to the SEC.
We shareholders could or should tell Mannkind we think there is possibly some criminal manipulation of our stock price and that we think they should take the necessary steps to protect themselves from criminal manipulation.
JPG
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Post by fedakd on Sept 16, 2014 14:36:15 GMT -5
Failures to deliver spikes when the stock tanks. I.e. funds are naked shorting Mannkind to the stone age and happily getting away with it LOL
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Post by fedakd on Sept 16, 2014 14:37:15 GMT -5
I certainly do not have the expertise to complain to the SEC but If there really is evidence that MNKDs stock is being manipulated in an obviously (and easily provable way) Mannkind, as the representative of all shareholders, should be officially complaining to the SEC. We shareholders could or should tell Mannkind we think there is possibly some criminal manipulation of our stock price and that we think they should take the necessary steps to protect themselves from criminal manipulation. JPG
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Post by purge on Sept 16, 2014 14:41:53 GMT -5
What can Matt or anyone else at Mannkind do?
They don't seem to care about us or what we think about them.
I get the feeling they think we are a nuisance. I won't hold my breath about anyone trying to do anything to shed some light on our situation. It won't matter if they do no one will be able to do anything about any of it.
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Post by vissertrades on Sept 16, 2014 15:16:43 GMT -5
They (MannKind) can do a stellar job managing this company and deliver on stated commitments. They can manage the launch and drive sales. They can market AFREZZA and Techosphere for future potential. They can provide guidance for future earnings. They can sell the company or take it private preferably sooner rather than later to catch 70MM shorts...
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Post by fedakd on Sept 16, 2014 16:43:49 GMT -5
MNKD vs Sanofi (SNY) last 3 months. Hilarious...  |
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