Failure to deliver shares. Who polices NASDAQ and SEC?

[kc]

Since 9-15 we have added an additional 1,346,468 shares to the FTD listing.   for a total YTD of  42,759,123 shares.  

Attachment Deleted

[Stop Naked Shorting]

Below is article Seeking Alpha would not publish and then deleted from my VerticalView instablog page. They are now monitoring my comments and have refused to post 2 comments since deleting this article below.

The Dangers Of Naked Shorting : The Effects It Has On Biotech Stocks Like Mannkind And Dendreon And The Financial Markets, U.S. Economy And National Security

Summary
• DNDN declared bankruptcy recently and though High Debt contributed, DNDN and MNKD have a long history of being naked shorted and bear raid attacks by Jim Cramer and Adam Feuerstein.
• Naked shorting and bear raids not only delay promising drugs to market it is a threat to U.S. Economy and National Security i.e. 9/11 and 2008 financial crisis.
• Many Fund managers behind Naked Shorting are greedy Bernie Madoff like individuals running well funded hedge funds and those like Cramer and Feuerstein helping them profit with Bear Raid Attacks.

Dendreon (DNDN) and Mannkind Corp (MNKD): Victims of Naked Shorting and Bear Raid Attacks over Several Years
Our newly formed group Stop Naked Shorting ( see our petition at thepetitionsite ) believes overwhelming evidence proves naked shorting causes unfair financial stress on publicly traded companies and in some instances delays important drug development and drugs from reaching the market. We also believe Jim Cramer and Adam Feuerstein of TheStreet.com have for years been colluding with short and naked short hedge funds and others by deliberately making slanted sometimes outright false lies about DNDN & MNKD and other companies, biotech stocks in particular. (DNDN excerpts below, for full story click title link )
Michael Milken, 60,000 Deaths, and the Story of Dendreon
"This story, like too many others, begins with Jim Cramer, the CNBC personality, making "a mistake."
On September 26, 2005, Cramer announced to his television audience the sad news (punctuated by funny sound effects - a clown horn, a crashing airplane) that Provenge, an experimental treatment for prostate cancer, had flopped. Thousands of end-stage patients had been pinning their hopes on Provenge, but according to Cramer the treatment had just been rejected by the Food & Drug Administration. It would never go to market.
This seemed odd, because Dendreon (NASDAQ: DNDN), the company developing Provenge, had not yet submitted an application for FDA approval. As everybody in the biotech investment community knew, Dendreon had, in fact, only recently completed Phase 3 clinical trials and probably would not face scrutiny from an FDA advisory panel for at least another year."
A more recent bear raid article was penned or should I say copied and pasted together by Adam Feuerstein the day after Dr. Mann and other officers had told investors and analyst in their earnings CC on Nov 3rd that MNKD and Sanofi (SNY) are both excited about manufacturing that is underway and planned marketing efforts. They made it very clear that the recent firing of Sanofi CEO was not a concern. ( Excerpts below, for full story go to)
Diabetes Analyst: Sanofi CEO's Firing May Spell Trouble for MannKind Afrezza Partnership at TheStreet(Tue, Nov 4)
"MannKind (MNKD) used its quarterly conference call Monday night to tamp down any concerns about the firing of Sanofi (SNY) CEO Chris Viehbacher causing problems for the Afrezza diabetes partnership ahead of the expected first quarter 2015 launch.
Not everyone shares MannKind's confidence. Diabetic Investor's David Kliff, a longtime Afrezza skeptic, believes Viehbacher was the driving force behind the MannKind partnership and pushed the deal against the wishes of others at Sanofi who didn't want anything to do with the inhaled insulin device. Now that Viehbacher is out at Sanofi, Kliff says the Afrezza commercial launch might be in trouble even before it starts."
To those unfamiliar with Jim Cramer and Adam Feuerstein of the Street.com it is important to note that both of them have been MNKD bears and have executed strategically timed bear raids on DNDN & MNKD via Cramer's Mad Money segments and Feuerstein's slanted articles for years. Also Adam Feuerstein has been wrong about MNKD at almost every turn at least when it came to his slanted opinions that Afrezza would not receive Adcom Panel approval, strike 1 and FDA approval, strike 2 and on likelihood of MNKD ever finding a marketing partner, strike 3. One would think he would of moved on by now after MNKD landed marketing deal with Sanofi (SNY) the biggest insulin marketing company in the world but his bear raid hit pieces keep on coming.
Jim Cramer has been a bit more cleverly cautious in his approach to delivering his negative slants on MNKD. Perhaps his blatant lies about DNDN in 2005 has him a bit more careful how he minces his words and helps his hedge fund "smarter buddies " profit from their short / naked short positions. (For a full list of slanted MNKD articles see) TheStreet.com
It almost seems coordinated short & distort bear raid attacks on publicly traded companies has become a full time occupation and that they do not seem to have any fear of SEC doing much of anything about it. The organization C.R.E.W. recently alleged Adam Feuerstein of the Street.com was involved in aiding such institutions with short and distort tactics, offering up negative slanted articles in order to drive stock prices lower. ( see excerpts below , click link for full story )
CREW Requests SEC Investigate Manipulation of Drug Company ...
"Washington, D.C. - Citizens for Responsibility and Ethics in Washington (CREW) today requested the Securities and Exchange Commission (SEC) investigate possible illegal manipulation of stock prices in Northwest Biotherapeutics, (NWBO) a biotechnology company developing cancer treatment drugs. Strategically released blog posts by well-known biotech stock analyst and senior columnist for TheStreet.com Adam Feuerstein seem designed to cause the price of the company's stock to fall at times when short sellers were financially overexposed. CREW has asked the SEC and the U.S. Attorney for the Southern District of New York to conduct a full investigation of the timing of Mr. Feuerstein's posts and their relationship to short seller financial interests.".....
"CREW's letter to the SEC also notes similar suspicious timing related to Mr. Feuerstein's reporting on drug companies GTx (GTXI) and Mannkind (MNKD). As GTx's stock reached near-record levels in July 2013, Mr. Feuerstein published an article predicting the failure of a critical drug trial, citing an unnamed short seller as a source. Mr. Feuerstein refused to correct the multiple errors in his article despite a point-by-point refutation by a GTx investor posted on seekingalpha.com. Similarly, in March 2014, Mr. Feuerstein published an article predicting a 60-percent chance the Food and Drug Administration (FDA) would reject the company's new drug, Afrezza. By the end of the day, Mannkind's shares were trading at a 10-month low. Contrary to Mr. Feurstein's prognostication, on April 1, an FDA advisory committee granted marketing approval for Afrezza by a vote of 13 to 1."
Naked Shorting and Bear Raids Attacks not only Delay Promising Drugs to Market it is a threat to U.S. Economy and National Security i.e. 9/11 and 2008 financial crisis
There is also overwhelming evidence Naked Shorting and Bear Raids are tools used not only by greedy wall street hedge funds etc. but by terrorists and it is a threat to U.S. economy and National Security as well as overall financial market.
Per SEC own admission of how naked shorting contributed to the 2008 economic meltdown and SEC actions taken against naked shorting during market crash.( See excepts below, Click titles for full story)
Wikipedia Naked Short Selling
"In 2008, SEC chairman Christopher Cox said that the SEC "has zero tolerance for abusive naked short-selling" while implementing new regulations to prohibit the practice, culminating in the September 2008 action following the failures of Bear Stearns and Lehman Brothers amidst speculation that naked short selling had played a contributory role."
SEC Enhances Investor Protections Against Naked Short Selling
"Washington, D.C., July 15, 2008 - The Securities and Exchange Commission today issued an emergency order to enhance investor protections against "naked" short selling in the securities of Fannie Mae (FNMA), Freddie Mac (FMCC), and primary dealers at commercial and investment banks."
Interesting to note this emergency order took place 2 months before the mortgage and bank stocks collapsed. This suggests naked short positions were well in place before the halt and funds still failed to deliver non existing shares. The Fed stepped in on behalf of Government Sponsored Agencies and SEC halted the naked shorting of Fannie Mae and Freddie Mac and the Banks but left all other companies vulnerable to naked shorting manipulation.
Most of the market shrugged it off until Sept 15th when Lehman Brothers declared bankruptcy. The funds like Goldman Sachs saw the writing on the wall and shorted some of these stocks heavily after selling the junk CDO's that were fraudulently rated AAA investments to the very companies Goldman Sachs shorted. Strangely enough Hank Paulson CEO of Goldman Sachs at the time was appointed in charge over which companies would receive portions of the $700 billion bailout funds.
Talk about putting the fox in charge of watching the hen house ! Anyone of us would be doing 20 years to life behind bars playing cards with Bernie Madoff. Instead some of the bail out recipients went to lavish resorts and used bail out funds to award themselves millions in bonuses for the job well done selling the worthless CDO's etc. while millions of Americans lost their life savings due to their swindle.
Stock Market Crash of 2008
"However, in July 2008 the subprime mortgage crisis had spread to government sponsored agencies Fannie Mae and Freddie Mac, requiring a Federal government bailout. The Treasury Department guaranteed $25 billion in their loans and bought shares of Fannie's and Freddie's stock, while the FHA to guaranteed $300 billion in new loans. The Dow closed on July 15 at 10,962.54, before bouncing back above 11,000 for the rest of the summer....."
"The month started with chilling news -- On Monday, September 15, 2008, Lehman Brothers declared bankruptcy. The Dow dropped 504.48 points."
There is substantial evidence that institutions not only naked short non existing shares but fail to deliver these shares that do not actually exist and an exemption was issued to Bernie Madoff before SEC finally shut his ponzi scheme down, nicknamed the Madoff Exemption.This article below reveals this exemption not only allowed him and other market makers to naked short stocks on a down tick but allowed them to rent out this exemption to other market makers. This article also shows naked shorting occurred from brokerages in London and Dubai by those renting this exemption and played a part in 2008 financial meltdown in an attempt to derail U.S Economy. ( See excerpts below, click link for full story )
Madoffs Crime of Staying Naked Short
"The Madoff exemption, for example, allowed market makers to naked short sell, presumably to facilitate liquidity. Unfortunately, due to naked sponsored access rules (pages 153-155 of Secret Weapon), this also meant that almost anyone could get an exemption at will... Madoff also obtained an exemption allowing market makers to sell short on a down-tick."
The 9/11 attacks also involved naked shorting and overall damage to our U.S. Economy according to some estimates was approximately $3.3 trillion.(See excerpts below, click title link for full story)
One 9/11 Tally: $3.3 Trillion - Interactive Feature
"Al Qaeda spent roughly half a million dollars to destroy the World Trade Center and cripple the Pentagon. What has been the cost to the United States? In a survey of estimates by The New York Times, the answer is $3.3 trillion, or about $7 million for every dollar Al Qaeda spent planning and executing the attacks."
That figure pales in comparison to the still growing cost of the 2008 financial meltdown estimated at $12.8 trillion which was more than the National debt $9.986 trillion in January 2009 when President Obama took office . The National debt is fast approaching $18 trillion at $17.946 trillion and growing at an alarming rate of approximately $2.45 billion per day with interest alone on this debt per day at approximately $1.2b which is about what Americans paid in State taxes in 2013. One has to wonder how State funded programs and facilities can stay afloat without major tax hikes when the current State taxes are about equal to the interest on the National Deficit. (See excerpts below , Click link for full story )
Cost of Financial Crisis Calculated at $12.8 Trillion ...
"Cost estimate is derived from two numbers. First, it includes estimates of losses to GDP for the period 2008 to 2018, based on estimates of the difference between actual GDP and projected values for the period had there been no financial or economic crisis. From 2008 to 2011, the difference between actual and potential GDP was $3.6 trillion. By 2018, the difference was forecast to widen to $7.6 trillion."
According to USADEBTCLOCK
"During President Obama's first two years in office, the U.S. government added more to the U.S. national debt than the first 100 U.S. Congresses combined."... For President Obama, the debt started at $9.986 trillion in January 2009 and increased to $13.7 trillion, a 38 percent increase over two years, by January 2011. By May 2011 it stood at $14.3 Trillion - $600 Billion in 4 months."
President Obama has 795 days left in office and with National Debt rising at $2.45b a day there will be another $1.947 trillion added to the current $17.946 totaling $19.893 + trillion. The interest rates are currently low but should the Fed need to raise interest rates the interest on this debt alone could eventually double and reach over $1 trillion a year. These figures clearly show how these financial terrorist attacks along with Wall Street irresponsible greed led to the 2008 financial crisis and combine to become a recipe for disaster and insurmountable debt. Both involved naked shorting as a tool that contributed to the derailing of U.S. economy and has put American's in a dire debt position making U.S. economy vulnerable should more attacks occur.
If facts and figures above are not worrisome enough a recent article reveals planned attacks on U.S. economy could be activated at any time. With the "trojan horse malware" mentioned in article believed to have been planted by "Russian hackers" thought to be tied to Russian Government. With current tensions between U.S. and Russia due to Ukraine circumstances the U.S. economy could suffer another 9/11 financial terrorist type attack which was estimated to have cost our economy up to $3.3 trillion.
See Nov 6th 2014 article 'Trojan Horse' Bug Lurking in Vital US Computers Since 2011
Many Hedge Funds Behind Naked Shorting are Greedy Bernie Madoff Like Individuals Running Well Funded Hedge Funds and Those like Cramer and Feuerstein Helping Them Profit with FUD ( Fear , Uncertainty and Doubt ) Bear Raid Attacks.
Our group Stop Naked Shorting acknowledges that the housing bubble popped due to subprime predatory loans and risky investment instruments such as derivatives and junk grade CDO's that were fraudulently stamped with AAA ratings were the main causes of 2008 financial meltdown. That said it was politicians whom approved the subprime loan agenda that paved the way for Wall Street greed to wipe out the 401k's of millions of Americans causing massive loss of jobs, forcing many into foreclosure. The evidence shows naked short selling and failure to deliver those non existent shares was a detrimental contributing factor that magnified the 2008 collapse and is still a threat to our financial markets, Economy and National Security today.
For sake of clarity, naked shorting has same effect as counterfeiting 100's of billions of dollar bills which devalues the value of the real currency. Just as U.S. Government printing $700 billion to bailout the Wall Street crooks who gambled away the investments of millions of Americans devalues the dollar and increases national debt. Failure to Deliver naked short shares has similar effects on stocks price per share as the counterfeit shares have added up to equal the amount or in some cases even more than the outstanding shares. ( Excerpts below for full article click link )
Naked Shorting The curious incident of the shares that didn't exist
"Systemic problem - The stock borrow program at the DTCC, they allege, enables the naked shorting of shares to the extent that the number of shares in circulation of some companies is now several times in excess of that issued. Even companies listed on the NYSE, could have been affected. As Wes Christian, partner in law firm Christian, Smith & Jewell in Houston, and lead lawyer on several of the cases, explains: "With the revelation of the Regulation SHO Threshold Securities list and the Leslie Boni report, published in November 2004 [see glossary], it is now crystal clear that this problem of naked short selling is systemic in Wall Street, and virtually impacts every business sector on every exchange including numerous billion-dollar companies listed on the NYSE and other companies listed on the Amex."
Burrell, who worked as an options trader before establishing himself as a consultant to small IT, healthcare, and generalist companies - the type that would be listed on the OTC bulletin boards - has researched the problem. His conservative estimate is that more than 1,000 companies presently have shares in circulation in excess of their floats, and that for at least 500 this number exceeds the number outstanding (the float plus shares that are not available on the market) - in some cases many times that number."
The SEC was negligent in their prior actions of making changes to the uptick rule via their " Madoff Exemption" and their dereliction of duty continues by not putting an end to naked shorting which could be done by SEC and NTCC implementing additional more stringent regulations and programs installed to prevent such trades from being executed. ( See previous petition by Investors4Justice )
Stop Naked Shorting is also preparing a petition to be submitted to petitions.whitehouse.gov to follow current petition which will require 25,000 signatures in 30 days in order to qualify for a response to be made by the White house. Current petition that supporters can sign will be sent to SEC & DTCC to let them know we mean business and to see how long it might take to gain 25000 signatures. Current petition can be read and signed at the petition site
Should the 2nd petition fail to bring an end to naked shorting then we propose a joint lawsuit be filed by as many publicly traded companies and shareholders, concerned citizens, investors, supporters as possible. This proposed lawsuit would be against all institutions and bear raid parties involved in naked shorting U.S. stocks as well as against the SEC / NTCC for failing to put a stop to this unfair manipulative practice. The SEC knows the threat it presents to National Security, U.S. Economy and Publicly traded companies & shareholders as their actions to 2008 financial crisis clearly demonstrated.
We also will propose a State by State Initiative against naked shorting be placed on ballots starting with New York to let American voters decide if naked shorting should be banned once and for all.
Thanks for reading this article and we hope you will to join in our effort to stop naked shorting. To join us send email to [e-mail]

[liane]

Good article alfredamus. I'm glad this forum could allow it to see the light of day. Feel free to link to it from your SA blog - if they allow it.

[kc]

You can post on IHub board too
investorshub.advfn.com/MannKind-Corp-MNKD-10856/

[ashiwi]

Alfred, can you post the link where we could sign the petition.

[Stop Naked Shorting]

Hello Ashiwi and all here is link to petition www.thepetitionsite.com/171/711/222/stop-naked-shorting/

Also after signing the petition it is important to convince 3 or more other people you know that you think are most likely to sign petition and then following through by telling 3 or more other people they know to do the same. Posting a link to petition on your social media page is helpful too but will not be enough. I was able to convince only 48 of 93 people on my email update list so far to sign in 8 days and they will hopefully work with us so we can reach our 25000 signature goal. I sent them all an email this morning showing the math it takes to reach 25000 + signatures.
"There are 93 of you on my email update list and if each of you could convince just 3 people you know to sign current petition and they convince 3 people and so on, working together we can reach 67,797 in 6 days if no one breaks the chain."
I sent another email to the 15 contacts on my www.linkedin.com/profile/view?id=376154044&trk=nav_responsive_tab_profile_pic page with this ....
"That said, if each one of you were to convince just 4 of your connections to join our effort and sign current petition 15 x 4 = 60 we could better than double current signature count which is still a long way from 25000 but if each of those 60 convinced 4 of their connections 60 x 4 = 240 then 240 x 4 = 960 then 960 x 4 = 3840 then 3840 x 4 = 15360 then 15360 x 4 = 61440 and in less than a week we could exceed our 25000 goal by over double."

Of course it will probably take 30 days to reach 25000 for current petition as human nature being what it is, some people will break the chain or not get around to it right away but once we hit 25000 on this petition the important petition to White House will be a breeze if everyone adds me to their linkedin contact list or emails me at [e-mail] so I can update them when white house petition is submitted.

Thanks for your support

[Stop Naked Shorting]

KC...can you post it or link to it on investor hub site as I am juggling multiple forums as it is. As you know not everyone of the 93 MNKD investors on my email update list have even signed petition let alone lifting a finger to help spread the word despite originally sending me their email addresses to be part of our effort. I suppose some were only interested in recouping losses from proposed lawsuit vs trying to stop the root of the problem. To which I say you reap what you sow and another lawsuit without stopping the cause will do little to nothing to end it and investors would end up with a dime on the dollar while attorneys get the lions share.

[papihoyos]

Afredamus, you sent me a linkedin message and was confused on what to do until I saw you link above. I went to your link and signup and copy and pasted your message above and emailed it to a bunch of my investing buddy. Let see what happens.

[Stop Naked Shorting]

Below is another comment Seeking Alpha refused to publish in comment to recent article about MNKD / SNY by Psycho Analyst. Not only is Seeking Alpha screening my comments now after deleting my instablog above but they have disabled my ability to post any instablog articles as well. The instablog article was deleted according to SA editor Mr Lokey "because it contained allegations of bad faith and unfounded accusations of criminal fraud ". This coming from Seeking Alpha who publishes short and distort articles that contain out right lies and unfounded accusations on a regular basis with some libelous statements thrown in at no extra charge to boot. At least my article above had link to CREW site that showed CREW requested an SEC investigation into the short and distort articles by Adam Feuerstein regarding NWBO , MNKD and Gtx as well as DNDN link that showed Cramer blatantly lied about FDA rejecting DNDN's drug. Hardly allegations of bad faith or unfounded accusations. Comment below that was last screened comment SA refused to post.

Excellent note taking PA and equally good article. SNY definitely needs Afrezza sales to reach blockbuster levels ASAP but before that happens I agree the shorts and naked shorts will attempt more bear raid short and distort articles. Adam Feuerstein blogged some complete drivel this morning in response to a question by Carson D who asked him if his point of view on Afrezza has changed after SNY CC. Below is post on YMB and my 2 replies to it.

ADAM F JUST DOESNT QUIT..........SEE MESSAGE
.
Carson D. asks, "Did you pay attention to Sanofi's (SNY) investor meeting [Thursday]? And if you did, was anything said about Afrezza to change your negative outlook?"

Yes and no. At one point during Sanofi's discussion of its diabetes business, a company executive pulled out one of the old Pfizer (PFE) Exubera "bong" devices and placed it next to the Afrezza device. This demonstration was designed to show how much smaller and convenient Afrezza is compared to the failed Exubera device. Unfortunately for Sanofi and its Afrezza partner MannKind (MNKD) , the demonstration only proved to illustrate the company's cluelessness about the driving forces behind the current insulin market.

Insurers don't care about the small size of Afrezza or its convenience. They care only about the price and risk-benefit of Afrezza relative to injectable meal-time insulin. On these measures, Afrezza falls short. The product is only approved for certain segments of the diabetes population and is weighed down with a black box safety warning. Afrezza is also more expensive to manufacture than injectable insulin. If Sanofi prices Afrezza at a premium to injected insulin, insurance companies won't reimburse for it. If Sanofi chooses to price Afrezza at parity, the company will lose money.


stopnakedshorting • 18 hours ago Remove

4
users liked this posts

Adam F deliberately makes misleading comments and his last article about CEO firing could spell trouble and lead to SNY scrapping Afrezza obviously was blown to pieces by yesterdays conference. Now he wants people to believe an expensive bong like inhaler that was used with exubera vs small dreamboat he calls afrezza that will be included at no cost was not an issue with insurers and that the companies are clueless about current driving forces of insulin market. What a complete (_I_) he is for spewing such drivel to suggest SNY and MNKD with 119 combined year of insulin experience are clueless about the insulin market. He has no idea how much more afrezza costs to manufacture vs injectibles and SNY will price afrezza competitvely with pens where it it needs to be priced to capture market share and may decide to price afreezza slightly below pens to get a leg up on competition and make up the discount on the increased volume side. Someone should respond to Adam F with these realities to show everyone he is a total sham.


stopnakedshorting • 17 hours ago Remove

Adam F awhile back right after SNY deal was announced made an issue about MNKD valuation being to high I wonder how he would explain these facts below
Just take a look at another biotech Puma Biotechnology PBYI trading at $221+ at todays close with market cap $6.68b almost 3 times MNKD MC with no revenues and not even an FDA approved drug to date with only 1.8m shares shorted.

How is it despite Puma releasing bad news just 4 days ago can still be trading at $221+ on 11/20 which is higher than $215 open 4 days ago while MNKD with an FDA approved drug and partnership with largest insulin marketer on earth has a MC 1/3rd of Puma with MNKD shares going from high of $10.08 day SNY deal was announced to close of $8.53 and a low of $4.45 within 2 months if shorting and naked shorting manipulation were not involved . One would have to conclude that the over valuation angle naked short / short bear raiders like Adam Feuerstein and others have used does not hold water using Puma as a comparison. MNKD likely would of been naked shorted down to $2 on comparable bad news. The difference between PBYI and MNKD is hedgefunds etc that naked short companies have not targeted Puma.

Puma news 11/17 "shares lost 9.7% immediately after the company announced the top-line results from a randomized, two-arm, phase II study (NEfERTT) on its lead candidate, neratinib. Neratinib, in combination with paclitaxel, failed to show significant improvement in progression free survival (PFS) in patients "suffering from first-line HER2-positive locally recurrent or metastatic breast cancer when compared to paclitaxel plus Roche's.....

[Stop Naked Shorting]

Instablog article below is pending Seeking Alpha review and I am posting it here in anticipation of SA refusing to publish it. Forgive the editing as formatting has changed when I posted it here. Article is Titled Rebuttal Regarding Deleted Article About Dangers Of Naked Shorting [Edit or Delete]0 comments Nov 24, 2014 4:37 PM | about stocks: MNKD, DNDN, NWBO This article was deleted by Seeking Alpha but can be read at mnkd.proboards.com/thread/1311/failure-deliver-shares-polices-nasdaq?page=8 Disclosure : Seeking Alpha deleted this article linked above citing.... "I'm reaching out to let you know that we have removed your recent InstaBlog from Seeking Alpha because it contained allegations of bad faith and unfounded accusations of criminal fraud. We respectfully ask that you do not repost that on Seeking Alpha." I have not reposted the article upon Seeking Alpha request. To those who choose to support our Right to Freedom of Speech by clicking link and reading this article linked above should only be done by those who believe in there Constitutional Right to Freedom of Speech. Those who also have read other published articles here at Seeking Alpha that were of the Short and Distort variety which contained easily proven false and misleading content regarding the featured companies which I might add were not deleted by Seeking Alpha. I like the majority of Seeking Alpha readers believe we are able to make up our own minds and opinions when we read such articles. This belief by the majority of readers makes the deletion of above linked article somewhat puzzling in light of Seeking Alpha publishing other short and distort articles and my other instablog article about MNKD and ORMP which exposed another writer in much the same way as recent article, yet was not deleted. In defense of my article and opposing opinion vs opinion of Seeking Alpha given above, I provided links to most all allegations and what seeking alpha views as unfounded accusations of criminal fraud with links to DNDN storyMichael Milken, 60,000 Deaths, and the Story of Dendreon clearly shows out right lies by Cramer as well as links to CREW site CREW Requests SEC Investigate Manipulation of Drug Company ... showing allegations of short and distort articles and their request for SEC to investigate the writer of the short and distort articles. I also provided links to Madoffs Crime of Staying Naked Short and others all of which were not unfounded accusations of criminal fraud despite Seeking Alpha opinion to the contrary. All allegations and accusations provided in deleted article were all well documented with mounds of proof to back them up and easily found on multiple news sources via a google search. Compared to many undeleted short and distort articles found on Seeking Alpha which are often void of any such legitimate links to verify the writers unfounded and misleading points of views. Disclosure: The author is long MNKD. Stocks: MNKD, DNDN, NWBO

[Stop Naked Shorting]

Here is yet another comment SA refused to post citing " It was deleted because it contains material that is not directly related to the topic under discussion. Please note that article comments should focus on the analysis in the article. " being comment was never posted SA never deleted it as they still monitor all my comments. I will be resubmitting comment with link to this page addressing a related topic in article highlighted by Diogenes in 3rd bullet topic •What's going to happen when bad news occurs?   I find this topic to be unfounded as Diogenes is implying bad news will happen not if which is misleading and he provides no proof such bad news will occur to support his statement. SA editors allowed this unfounded statement anyway and published his article yet deleted my instablog article above, SA refused comment below.

I was going to post this exchange of messages between myself and Diogenes sooner but decided to wait until he wrote another article which I have not bothered to read yet as I am sure there is content as equally twisted as his message to me below as I have pointed out time after time in his previous articles and comments.

Looking For Diogenes November 12 at 4:50pm Please note that I'm doing this in a private forum so as not to embarrass you in public: Verty, In your inimitable way you continue to publicly boast about you ‘putting me to shame’ with your astute business acumen where you are always right. Why do you do this, making it so easy for me to continue pointing out your delusions? Remember me trying to tell you that MKND had a five (5) contract with Amphastar where in you astute knowledge of all things, you gave me a rudimentary lesson on ‘aggregate’ and in the case of MNKD this meant that the ‘aggregate’ applied to the full length of the contract and not a yearly basis? You do remember the numerous times you brought this up and threw it in my face that you were all knowing on such things as ‘aggregate’ meaning? Verty, the following is taken directly from the MNKD SEC filed report. Now I want you to number and count the number of years that MNKD has this contractual obligation. (1) 2015 (2) 2016 (3) 2017 (4) 2018 (5) 2019 --You do note the contract ends on December 31, 2019. You can count to five—can’t you! Now Verty, you tell me if MNKD has a contract for your avowed four (4) years or my stated five (5) years! Also, with you telling me the ‘real’ contract was equal amounts for each year of the contract, if you apply this distribution YOU will see that based on your erroneous assumptions then all MNKD would have to buy is $24 million Euros a year. So now you should see how ludicrous this is because MNKD clearly tells you that just as a deposit on the purchase for 2015 they put down a deposit of $15 million US or $18 million Euro. Get it through you head, MNKD is on the hooks for $120 million Euro per year, as putting down a 75% deposit on $24 million is utterly stupid. “On July 31, 2014, the Company entered into a Supply Agreement (the “Supply Agreement”) with Amphastar France Pharmaceuticals S.A.S., a French corporation (“Amphastar”), pursuant to which Amphastar will manufacture for and supply to the Company certain quantities of recombinant human insulin for use in AFREZZA. Under the terms of the Supply Agreement, Amphastar will be responsible for manufacturing the insulin in accordance with the Company’s specifications and agreed-upon quality standards. The Company has agreed to purchase annual minimum quantities of insulin under the Supply Agreement of an aggregate of approximately €120.1 million in calendar years 2015 through 2019. The Company may request to purchase additional quantities of insulin over such annual minimum quantities. As part of the Supply Agreement, the Company paid a $15.0 million deposit to Amphastar as prepayment for 2015 quantities of insulin. Unless earlier terminated, the term of the Supply Agreement expires on December 31, 2019 and can be renewed for additional, successive two year terms upon 12 months’ written notice, given prior to the end of the initial term or any additional two year term. Please stop embarrassing yourself in public forums, where you brag about setting me straight with your version of the truth. Why not apologize to me?

VerticalView November 13 at 6:42am You have got to be kidding....not only do you have selective memory as it was I who corrected your mistake that contract was for 5 not 4 years and you can go back to G Rho article and your article and read it in the comments. As for $15m deposit proving your misguided assumption correct ? your numbers are flawed as $15m in euros is not 18m nor is it 75% of 24m euros. $15m is just over 12m euro and 24m euro is approx $30m U.S. So it's closer to 50% ( probably exactly 50% when agreement was made as exchange rates change ) which is not unusual and it proves nothing to support your pitiful argument but only makes your statements more of an embarrassment to yourself so if anyone is apologizing to anyone it should be you. I will give you till closing bell today to do so on the last comment I made yesterday or I will need to expose and shame you yet again on open forum.

[Stop Naked Shorting]

Stop naked shorting petition 62 signatures in 11 days Toys "R" Us petiton 62 signatures in less than 20 minutes
.
This Toys- R - US petition is getting massive signatures over 38050 last I looked 10 minutes ago. which is about 62 every 20 minutes. While Stop Naked Shorting petition has 62 signatures in 11 days, What is wrong with this picture ?? This is our petition and we need just 500 signatures for Care2 site to give our petition viral exposure as Toys-R-Us petition is obviously getting. Please sign our petition so we can reach just 500 and tell others to sign also and everyone they know. We can get our petition exposure to over 27m care2 members if everyone here takes just a little time to get the word out about our petition to Stop Naked Shorting which is far more important than whether Toy-R-US is open on Thanksgiving or not IMO.

[Stop Naked Shorting]

Here is yet another comment Seeking Alpha refused to post/

Diogenes ... many commenters have already pointed out several slanted misleading comments and omissions in your article and I will add a few more. Your 3rd bullet point

What's going to happen when bad news occurs?

I find this topic to be unfounded as it clearly implies bad news will happen not if it will happen which is misleading as well as unfounded and you provide no proof such bad news will occur to support your premise. How do such slanted unfounded statements find there way into your articles time after time and continue to escape editors scrutiny.

We do realize you have been caught off guard by bad news in the past per your articles and comments about Regado which you actually held shares in which caused substantial losses to all holding that equity but to claim such bad news will occur for MNKD is a slanted unfounded assumption you fail to provide proof of that like many statements in your article serve to create FUD, fear, doubt and uncertainty to those holding MNKD shares.

I would also point out what would happen if bad news did occur would depend on what the news was and if hedge funds who short / naked short MNKD are planning to manipulate MNKD pps down as they did several times when FUD short and distort articles like yours are published. Even on best news MNKD ever had aside from FDA approval when SNY partnership was announced the shorts / naked shorts were able to knock share price down from $10.08 high on 8/11 to a low of $4.45 within 8 weeks. For more on naked shorting of MNKD see pg 8 of Fails to Deliver Who policies the Nasdaq and SEC ? thread mnkd.proboards.com/thread/1311/failure-deliver-shares-polices-nasdaq?page=8&scrollTo=12481

In conclusion I have pointed out you have been misleading in your articles and comments several times and I have disproven your twisted illogical assumptions on multiple occasions yet you decided to send me a private message regarding MNKD insulin supply agreement so not to "embarrass" me in public as you put it. You of course were even more wrong than before just as you are wrong with several slanted assumptions and unfounded statements you made in this article. In the future please feel free to "embarrass" me on these open comment forums as MNKD share holders might feel left out by you hiding information from them that could be detrimental to their MNKD investment which you so tirelessly try to warn them about with your crystal ball predictions that have been wrong on several fronts. Hindsight being 20/20 you have been one of the best contrarian indicators of MNKD progress next to Adam F and the rest of the FUD short and distort writers who all predicted no Adcom or FDA approval as well as no partnership deal likely to happen. Of course when all those events came to be you all resort to tearing down such events with more FUD / short and distort articles like this one.

[Stop Naked Shorting]

Hello Everyone ... I have changed my SN to Stop Naked Shorting to better reflect our cause. I have already done so on Yahoo as many of you already know and have secured the stopnakedshorting.org domain name for when such a time should occur that proposed lawsuit and proposed State by State Initiatives to stop naked shorting be initiated. For now social media sites such as Stop Naked Shorting Petition page and LinkedIn page and this forum and YMB MNKD forum will be the main sources for spreading the word. Anyone who wants to be on our email update list can send an email to [e-mail] or connect with me on LinkedIn page.

That said So far we have 69 signatures and once we reach 500 it will hit viral status on Care2 site and petition will then be seen by millions by this time next week if everyone gets just 2 or 3 others to sign.
Everyone who signed / signs needs to tell 2 or 3 others and those people need to tell 2 or 3 others. The trick is telling people who will not brake the chain. 69 x 2 = 138 x 2= 276 x 2 = 552 but if 1/2 the those told do not follow thru it slows down the process and so we need to tell as many people as possible to increase chances of reaching 500 then 25000 plus signatures by Dec 31st.
Of 93 people who signed up to be on my email update list a little less than 1/2 have yet to sign the petition which is now in its 12th day. Had all 93 people signed and got 3 others to sign we would of been at 279 and if those 3 got 3 others to sign we would of been at 837 signatures by now well over 500 which would of triggered a quantum leap in number of signatures such as Toys R US petition and others has seen with almost 40,000 signatures which it will hit today as it went from 38,050 yesterday to 39799 this morning.

For those who have signed petition or plan to sign today be sure to save the petition page to you mobile phone so when there is a lull in conversation during your thanksgiving day gathering you can let friends and family know about this petition.

Thanks for your Support

[Stop Naked Shorting]

Here is the latest exchange of emails between Mr Lokey of Seeking Alpha moderation team and myself
me
To
[e-mail]

Today at 8:06 AM
Mr Lokey

It appears Seeking Alpha may have also disabled my send feature as messages sent to my previous contacts disappear when I click reply without a trace of being sent afterward and when I try to send message to followers of my intablog I get this message below.

Is seeking Alpha going to continue to infringe upon on our right to freedom of speech to the extent that you and other moderators of seeking alpha will not allow those who chose to be on my follower list to read messages I try to send to them ?

the page you are trying to reach is no longer available.
Please select one of the options above
or search for a keyword or term of interestSearch

Moderation
To
me

Today at 8:18 AM
Hi Dennis,

All posting privileges on Seeking Alpha are permanently suspended. Again, I would refer you to our Terms of Use to which you agreed when you registered. There, it is clearly stated that:

"Seeking Alpha has the right to terminate your access to the Site, in its sole discretion."

and further that..

"Seeking Alpha has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by direct messaging or by any other method to or from your Seeking Alpha user account at any time and for any reason."

Colin Lokey
Moderation

ref no: #Mod00092011.
Reply, Reply All or Forward | More
me
To
[e-mail]

Today at 8:51 AM
Mr Lokey
Seeking Alpha members who chose to follow my instablogs will be very disturbed to know Seeking Alpha has prevented them from receiving private messages to update them on comments I tried to post on last FUD / short and distort article written by Looking For Diogenes titled MNKD Does size matter? which is yet another of his attempts to create fear, uncertainty and fear using unfounded statements and false misleading statements. They will also be very disturbed that Seeking Alpha has infringed upon their Right of Freedom of Speech and their right to read opposing opinions to such FUD short and distort articles in comment section, via my instablog and messages sent to them when seeking Alpha either deletes such articles or refuses to publish / post such articles and comments and or private messages.

How does Seeking Alpha justify such actions to its readers when my instablog articles, comments and private messages state well researched facts and links to prove such facts and opinions vs all the FUD short and distort article and comments Seeking Alpha allows to be published and posted on a regular basis despite those FUD articles and comments being full of unfounded assumptions and accusations without any facts or any links to support the writers premises ?

Please let us know without hiding behind Seeking Alpha Terms of Use which in my case clearly shows there is a double standard to the Terms of Use or there wouldn't be so many FUD articles and comments published by your forum.

Good Day
Dennis Fox
StopNakedShorting.org



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