Regulation SHO took effect January 3, 2005, and provides a new regulatory framework governing short selling of securities. It was designed with the objective of simplifying and modernizing short sale regulation and providing controls where they are most needed. At the conclusion of each settlement day, data is provided on securities in which: 1) there are at least 10,000 shares in aggregate failed deliveries for the security for five consecutive settlement days, and 2) these failures constitute at least 0.5% of the issuer's total shares outstanding. Regulation SHO mandates that, if a clearing agent has had a fail-to-deliver position for 13 consecutive settlement days, that clearing agent, and the broker/dealer it clears for, must purchase securities to close out its fail to deliver position.
Maui Land & Pineapple Company, Inc. (NYSE: MLP | news | PowerRating | PR Charts ) together with its subsidiaries, engages in the agriculture, resort, and real estate businesses in the United States. It operates in three segments: Agriculture, Resort, and Community Development. The Agriculture segment engages in growing, packaging, processing, and marketing pineapples under Maui Gold and Hawaiian Gold brand names through retail outlets, grocery chains, and food brokers, as well as through Web site. The Resort segment operates Kapalua Resort, a resort community that accommodates golf courses, tennis facilities, vacation rental programs, residential subdivisions, restaurants, retail outlets, residential lots, condominiums, and homes. The Community Development segment engages in real estate entitlement, development, construction, sales, and leasing activities in commercial and residential properties, as well as provides real estate brokerage services; and regulated water and sewage transmission operations. The company was founded in 1909 and is based in Maui, Hawaii. With 8.10 million shares outstanding and 368,230 shares declared short as of April 2008, the failure to deliver in shares of MLP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 14,526 shares of MLP that were failing-to-deliver as of September 24, 2007.
National Financial Partners Corp. (NYSE: NFP | news | PowerRating | PR Charts ) through its subsidiaries, distributes a range of financial products and services primarily to high net worth individuals and companies in the United States. The company's products and services include life insurance and wealth transfer, corporate and executive benefits, and financial planning and investment advisory. Its life insurance and wealth transfer products comprise term life insurance; individual whole, universal, and variable life insurance; survivorship whole, universal, and variable life insurance; private placement variable life insurance; and fixed and variable annuities. The company's life insurance and wealth transfer services include estate planning; wealth accumulation; financial planning; retirement distribution; life settlements; case design; preferred underwriting with select carriers; charitable giving planning; and financed life insurance product placement services. Its corporate and executive benefits products consist of insured health plans; self-funded health plans, including stop loss coverage; group dental and life insurance; voluntary employee benefits; multi-life individual disability; 401(k)/403(b) plans; prescription plans; workers' compensation plans; and bank-owned life insurance. The company's corporate and executive benefits services include international employee benefit consulting, COBRA administration, human resource consulting, flexible spending administration, consolidated billing, enrollment administration, benefit communication, and benchmarking analysis. Its financial planning and investment advisory products and services comprise funds of hedge funds, mutual funds, separately managed accounts, mutual fund wrap accounts, financial planning, asset management and allocation, securities transaction execution, investment consulting, traditional broker/dealer services, and trust and fiduciary services. The company was founded in 1998 and is headquartered in New York, New York. With 39.39 million shares outstanding and 10.11 million shares declared short as of April 2008, the failure to deliver in shares of NFP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 14,779 shares of NFP that were failing-to-deliver as of September 28, 2007.
VeraSun Energy Corp. (NYSE: VSE | news | PowerRating | PR Charts ) engages in the production and sale of ethanol and its co-products in the United States. Ethanol is primarily used as a blend component in the gasoline fuel market. The company's ethanol co-products include wet and dry distiller grains with solubles, which are used as animal feed; and corn oil that is used as an animal feed, as well as to produce biodiesel. It also markets VE85, an ethanol blended fuel through arrangements with gas distributors and retailers. The company was founded in 2001 and is based in Brookings, South Dakota. With 93.1 million shares outstanding and 10.75 million shares declared short as of April 2008, the failure to deliver in shares of VSE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 479,305 shares of VSE that were failing-to-deliver as of September 28, 2007.
Genitope Corp. (NASDAQ: GTOP | news | PowerRating | PR Charts ) a biotechnology company, engages in the research and development of immunotherapies for the treatment of cancer in the United States. Immunotherapies are treatments that utilize the immune system to combat diseases. It develops a panel of monoclonal antibodies for the treatment of Non-Hodgkin's Lymphoma. The company was founded in 1996 and is headquartered in Fremont, California. With 42.98 million shares outstanding and 4.63 million shares declared short as of April 2008, the failure to deliver in shares of GTOP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 389,090 shares of GTOP that were failing-to-deliver as of September 28, 2007.
i2 Technologies Inc. (NASDAQ: ITWO | news | PowerRating | PR Charts ) provides supply chain management solutions worldwide. It offers various products and solutions for manufacturing and planning; transportation and distribution management; merchandising, assortment, and allocation planning; execution, collaboration, and visibility; supplier relationship management; and data management and business analytics. The company's solutions for manufacturing and planning enable businesses to co-ordinate the production and distribution of goods and materials throughout the supply chain to final delivery to the customer. These products include supply planning solutions that provide multi-enterprise visibility, collaboration, decision-support, and execution capabilities; and demand management and retail management solutions that provide tools to forecast and manage demand, plan merchandising strategies, manage markdowns and promotions pricing, and optimize price quoting. i2 Technologies' solutions for transportation and distribution management enable the flow of goods between suppliers, enterprise supply chain locations, and customers. Its solutions to plan execution and collaboration enable businesses to integrate the planning and execution processes, create a closed-loop environment and provide tools designed to stage inventory, plan replenishment, manage orders, and provide visibility. The company's supplier relationship management solutions are designed to bridge product development, sourcing, supply planning, and procurement across the supply chain. i2 Technologies' data management solution manages data from legacy, enterprise resource planning, and other applications. It also offers on-demand and software as service solutions. In addition, the company offers hosted software solutions, such as business optimization and technical consulting, managed services, training, solution maintenance, and software upgrades and development. i2 Technologies was founded in 1988 and is headquartered in Dallas, Texas. With 21.45 million shares outstanding and 2.84 million shares declared short as of April 2008, the failure to deliver in shares of ITWO has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 32,250 shares of ITWO that were failing-to-deliver as of September 27, 2007.
Trump Entertainment Resorts Inc. (NASDAQ: TRMP | news | PowerRating | PR Charts ) engages in the ownership and operation of casino hotel properties in the United States. It offers gaming, casino resort, and entertainment services. As of December 31, 2007, the company operated three casino hotel properties comprising Trump Taj Mahal Casino Resort, Trump Plaza Hotel and Casino, and Trump Marina Hotel Casino in Atlantic City, New Jersey. Trump Entertainment Resorts was founded in 1995 and is based in Atlantic City, New Jersey. With 31.68 million shares outstanding and 6.48 million shares declared short as of April 2008, the failure to deliver in shares of TRMP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 40,093 shares of TRMP that were failing-to-deliver as of September 28, 2007.
About BUYINS.NET
WWW.BUYINS.NET is a service designed to help bonafide shareholders of publicly traded US companies fight naked short selling. Naked short selling is the illegal act of short selling a stock when no affirmative determination has been made to locate shares of the stock to hypothecate in connection with the short sale. Buyins.net has built a proprietary database that uses Threshold list feeds from NASDAQ, AMEX and NYSE to generate detailed and useful information to combat the naked short selling problem. For the first time, actual trade by trade data is available to the public that shows the attempted size, actual size, price and average value of short sales in stocks that have been shorted and naked shorted. This information is valuable in determining the precise point at which short sellers go out-of-the-money and start losing on their short and naked short trades.
BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted, www.buyins.net/squeezetrigger.pdf. The SqueezeTrigger database of nearly 1,950,000,000 short sale transactions goes back to January 1, 2005, and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005, because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.
The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each month's short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money.
All material herein was prepared by BUYINS.NET, based upon information believed to be reliable. The information contained herein is not guaranteed by BUYINS.NET to be accurate, and should not be considered to be all-inclusive. The companies that are discussed in this opinion have not approved the statements made in this opinion. This opinion contains forward-looking statements that involve risks and uncertainties. This material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. BUYINS.NET is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst or underwriter. Please consult a broker before purchasing or selling any securities viewed on or mentioned herein. BUYINS.NET may receive compensation in cash or shares from independent third parties or from the companies mentioned.
BUYINS.NET affiliates, officers, directors and employees may also have bought or may buy the shares discussed in this opinion and may profit in the event those shares rise in value. Market commentary provided by Thomas Ronk.
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