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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.
Deutsche Bank Aktiengesellschaft (NYSE: DB | Quote | Chart | News | PowerRating) provides investment banking products and services. It operates in three divisions; Corporate and Investment Bank, Private Clients and Asset Management, and Corporate Investments. The Corporate and Investment Bank division engages in the origination, sale, finance, structure, and trade of fixed income, equity, equity-linked, convertible bond, foreign exchange, and commodities products for corporations, financial institutions and sovereigns, public sector and multinational organizations, and financial centers. It also offers trade finance, cash management, trust, and securities services; provides mergers and acquisitions advice, general corporate finance advice, leveraged debt and equity origination services, and various credit products and financial services; and delivers capital-raising, investing, hedging, and financing solutions. The Private Clients and Asset Management division provides portfolio/fund management products, such as active fund management, passive/quantitative fund management, alternative investments, and discretionary portfolio management; and investment advice, brokerage, and securities custody services. This division also offers deposit products, including current accounts, time deposits, and savings accounts; and payment, accounting, cash and non-cash payments processing and disposition, letters of credit, and guarantees, and other cash transactions. The Corporate Investments division manages industrial holdings, private equity and venture capital investments, and private equity fund and corporate real estate investments. As of December 31, 2007, the company operated 1,889 facilities worldwide. Deutsche Bank Aktiengesellschaft was founded in 1870 and is headquartered in Frankfurt am Main, Germany. With 500.4 million shares outstanding and 2.85 million shares declared short as of May 2008, the failure to deliver in shares of DB has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 23,711 shares of DB that were failing-to-deliver as of September 28, 2007.
Fleetwood Enterprises Inc. (NYSE: FLE | Quote | Chart | News | PowerRating) produces recreational vehicles and manufactured housing primarily in the United States. Its recreational vehicles include motor homes, travel trailers, and folding trailers. The company also produces HUD-Code manufactured houses, as well as single-section and multi-section manufactured homes. In addition, it engages in the manufacture of fiberglass; provision of lumber brokerage services; and import distribution business. The company distributes its recreational vehicles through a network of independent retailers; and manufactured homes primarily through a network of independent dealers in the United States and Canada. Fleetwood Enterprises was founded in 1950 and is headquartered in Riverside, California. With 64.26 million shares outstanding and 12.47 million shares declared short as of May 2008, the failure to deliver in shares of FLE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 89,695 shares of FLE that were failing-to-deliver as of September 28, 2007.
Akeena Solar Inc. (NASDAQ: AKNS | Quote | Chart | News | PowerRating) engages in the design, integration, installation, marketing, and sale of solar power systems for residential and small commercial customers in the United States. It focuses on the design and integration of grid-tied solar power systems, which are electrically connected to the utility grid so that excess energy produced during the day flows backwards through the utility's electric meter. The company serves commercial customers, including schools, and housing and owner occupied businesses consisting of wineries and small commercial offices, as well as residential customers, including high-income professionals. Akeena Solar, Inc. sells its products through print, Web, and radio advertisements, as well as through participation in industry trade shows, individual consultations with prospective customers, and sales force. The company was founded in 2001 and is headquartered in Los Gatos, California. With 28.39 million shares outstanding and 3.28 million shares declared short as of May 2008, the failure to deliver in shares of AKNS has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 209,547 shares of AKNS that were failing-to-deliver as of September 28, 2007.
Ambassadors International Inc. (NASDAQ: AMIE | Quote | Chart | News | PowerRating) through its subsidiaries, operates as a cruise, marine, and travel and event services company. It operates overnight passenger cruises along the inland rivers and coastal waterways of North America under the brand names Majestic America Line and Windstar Cruises. The company provides marina design and construction services, as well as offers marine operations, management, and consulting services to marina owners, corporations, government agencies, and private individuals. The company offers event services to corporations, associations, and trade show companies. The company also develops, markets, and manages meetings and incentive programs for corporate clients; provides hotel reservation, registration, and travel services for meetings, conventions, expositions, and trade shows; and develops, markets, and distributes event portfolio management technology solutions for corporations and associations. It offers reinsurance for property and casualty risks, including commercial auto liability, commercial physical damage, and workers' compensation. In addition, Ambassadors International has a 19.8% investment in Grand Prix Tours, Inc., which provides packaged tours primarily to Formula One, Indy Car, and NASCAR races in the United States and internationally. The company was founded in 1967 and is based in Newport Beach, California. With 11.14 million shares outstanding and 1.07 million shares declared short as of May 2008, the failure to deliver in shares of AMIE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 49,511 shares of AMIE that were failing-to-deliver as of September 28, 2007.
Basin Water Inc. (NASDAQ: BWTR | Quote | Chart | News | PowerRating) engages in the design, building, implementation, and servicing of systems for the treatment of contaminated groundwater, wastewater, waste reduction, and resource recovery. The company's proprietary ion-exchange system treats groundwater contamination at the wellhead. It offers three ion-exchange treatment systems, including onsite regenerable systems, offsite regeneration systems, and disposable resin systems. The company markets its treatment systems and services to utilities, cities, municipalities, special districts, real estate developers, and other organizations for use in treating groundwater. It markets its products through direct sales force, independent contractors, and strategic relationships in the United States. The company was founded in 1999 and is headquartered in Rancho Cucamonga, California. With 21.95 million shares outstanding and 4.65 million shares declared short as of May 2008, the failure to deliver in shares of BWTR has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 126,297 shares of BWTR that were failing-to-deliver as of September 28, 2007.
Temecula Valley Bancorp Inc. (NASDAQ: TMCV | Quote | Chart | News | PowerRating) operates as the bank holding company for Temecula Valley Bank that provides various banking services in California. The company's deposit accounts include non interest-bearing demand, money market and NOW, savings, and time deposits, as well as certificates of deposit. Its offers automobile, recreational vehicle, boat, home improvement, collateralized and uncollateralized personal, and deposit account collateralized loans, as well as home equity lines of credit; and residential, commercial, and industrial construction loans. The company also provides construction loans on one-to-four-family residences and commercial real estate properties; and construction and/or mortgage, construction lending, commercial, SBA, and real estate secured loans. As of December 31, 2007, it operated 11 offices in Carlsbad, Corona, El Cajon, Escondido, Fallbrook, Murrieta, Ontario, Solana Beach, San Marcos, Temecula, and the Rancho Bernardo area of San Diego. The company was founded 1996 in and is based in Temecula, California. With 10.06 million shares outstanding and 774,200 shares declared short as of May 2008, the failure to deliver in shares of TMCV has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 53,546 shares of TMCV 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 2,000,000,000 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.
BUYINS.NET will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell; each investor must make that decision based on his or her judgment of the market.
This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "may", "future", "plan" or "planned", "will" or "should", "expected," "anticipates", "draft", "eventually" or "projected". You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including the risks that actual results may differ materially from those projected in the forward-looking statements as a result of various factors, and other risks identified in a companies' annual report on Form 10-K or 10-KSB and other filings made by such company with the Securities and Exchange Commission.
You should consider these factors in evaluating the forward-looking statements included herein, and not place undue reliance on such statements. The forward-looking statements in this release are made as of the date hereof and BUYINS.NET undertakes no obligation to update such statements.
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