On OCT 9 MNKD Stock Rise robbed of 5 day Threshold limit?

[dejude42]

As defined in Rule 203(c)(6) of Regulation SHO, a “threshold security” is any equity security of any issuer that is registered under Section 12 of the Exchange Act, or that is required to file reports under Section 15(d) of the Exchange Act (commonly referred to as reporting securities), where, for five consecutive settlement days:

• There are aggregate fails to deliver at a registered clearing agency of 10,000 shares or more per security;
• The level of fails is equal to at least one-half of one percent of the issuer’s total shares outstanding; and
• The security is included on a list published by a self-regulatory organization (SRO).

A security ceases to be a threshold security if it does not exceed the specified level of fails for five consecutive settlement days.

MNKD has:

• Shares Outstanding 118.9M

• 594,500 shares = ½ of 1% of Equals Threshold Limit

MISSING DATA FROM:
• www.sec.gov/files/data/fails-deliver-data/cnsfails201710a.zip
• www.sec.gov/data/foiadocsfailsdatahtm Oct 2017 first half


• **** = Greater than Threshold Limit

SETTLEMENT DATE|CUSIP|SYMBOL|QUANTITY (FAILS)|DESCRIPTION|PRICE
20171002|56400P706|MNKD|177062|MANNKIND CORP|2.17
20171003|56400P706|MNKD|251546|MANNKIND CORP|2.34
20171004|56400P706|MNKD|535610|MANNKIND CORP|2.82
20171005|56400P706|MNKD|371268|MANNKIND CORP|3.54
20171006|56400P706|MNKD|1619943|MANNKIND CORP|4.96 ****
no  20171009********* see below
20171010|56400P706|MNKD|2873895|MANNKIND CORP|5.33 ****
20171011|56400P706|MNKD|2514455|MANNKIND CORP|6.71 ****
20171012|56400P706|MNKD|2503800|MANNKIND CORP|5.47 ****
20171013|56400P706|MNKD|63910|MANNKIND CORP|5.47

**** Threshold limit were passed and Fail to Deliver were on shares: correspond to new highs.

**** Please Note Below: 20171009 is present, Shares if listed may have created a 5 day threshold on fail to deliver?
                 The Above Threshold data is missing for the 9th of Oct. 2017 that data may have created 5 days.

The below data on MNKD shows a 61.27% short with 6,254,545 trade of 3,832,193 short on Nov. 9 2017.

Date|Symbol|ShortVolume|ShortExemptVolume|TotalVolume|Market
20171013|MNKD|1642671|98622|2897254|Q 56.70%
20171013|MNKD|211712|3387|436256|N 48.53%
20171012|MNKD|6397738|329259|10654145|Q 60.05% ****
20171012|MNKD|669665|6776|1405568|N 47.64% ****
20171011|MNKD|9074531|535073|14357069|Q 63.21% ****
20171011|MNKD|1092528|14867|2047134|N 53.37% ****
20171010|MNKD|13061755|116578|21535175|Q 60.65% ****
20171010|MNKD|1639423|2587|3148314|N 52.07% ****

****20171009|MNKD|3832193|311501|6254545|Q 61.27% ****
****20171009|MNKD|461472|5497|922075|N 50.05% ****

20171006|MNKD|10074126|429954|17287509|Q 58.27% ****
20171006|MNKD|1669244|12325|3335545|N 50.04% ****

[mnholdem]

At some point in the past, former CEO Matt Pfeffer said that management was dealing with this issue. That's the last we heard of it.

[matt]

The first rule of securities law is that anything that can be summarized in a few lines is not the full text of the rule.  Here you quoted the definition of a threshold security without citing the specific rules that apply to threshold securities.  You can read the full text of Section 203 at this link: www.law.cornell.edu/cfr/text/17/242.203 (drink plenty of coffee before you start).

Just scanning the rules briefly, they do not apply to individual securities and individual investors, but rather to individual brokers and participants of registered clearing agencies.  The regulations say what brokers can and cannot do, but they do not say what the entire financial services industry can and cannot do.  If there are a number of individuals brokers with large FTD positions, that does not affect any other broker that does not have such a FTD position.  You cannot simply add up the FTD position of all brokers and determine what is permitted since the rules do not apply to the aggregate data.  

If you think about it, it is reasonable for the SEC to tell individual brokers what they can and cannot do, but how are unrelated brokers supposed to know the short and long position of every other participant in the US financial markets?  The answer is, they can't.  It is easy for a broker to program rules into their trading platforms to keep that brokerage in compliance, but they would need real time visibility to every other broker's trading systems to police the entire financial system.

Likewise, there are many exceptions listed in the regulations that provide brokers and market makers exceptions to the basic rules.  Read through the link I provided, and all cross-referenced sections, and you will see that there are enough holes sufficiently large to account for the data discrepancies you identified.  

[tmann]

www.deepcapture dot com  details how our financial markets have been manipulated  over the last decade. MNKD is not the only bio tech to be attacked, but it's one of the very few to survive, thanks to Al Mann and some of the suckers on this board.

It's a real Harry Lime story, decades of OC hedge funds acting in collusion with crooked financial journalists to manipulate markets. If you haven't seen Orson Wells film The Third Man, check it out. Harry Lime sold fake penicillin. These guys are worse. They prevented  products that alleviated suffering and improved health and extended longevity from ever reaching the market.

The prospects for MNKD right now are better than they have been at any time since approval.

The unsealing of 4200 + Meuller  indictments will start to expose the pervasive corruption in our legislative, regulatory and financial structures.

It's been a wild ride, and will continue to be, but MNKD is part of the future of civilization.

[babaoriley]

We're all about sexual harassment these days! Perhaps a new channel that is devoted just to that topic?

Someday, the guns will be trained on securities, but some pretty powerful people exert significant influence there.

[dreamboatcruise]

Nov 30, 2017 12:24:04 GMT -5 babaoriley said:

We're all about sexual harassment these days! Perhaps a new channel that is devoted just to that topic?

Someday, the guns will be trained on securities, but some pretty powerful people exert significant influence there.

Don't tell me you've already heard from Sport's attorney

[sportsrancho]

Nov 30, 2017 12:58:41 GMT -5 dreamboatcruise said:

Nov 30, 2017 12:24:04 GMT -5 babaoriley said:

We're all about sexual harassment these days! Perhaps a new channel that is devoted just to that topic?

Someday, the guns will be trained on securities, but some pretty powerful people exert significant influence there.

Don't tell me you've already heard from Sport's attorney

He is my attorney! Lol