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.
Capital Trust Inc. (NYSE: CT | Quote | Chart | News | PowerRating) operates as a real estate investment trust in the United States. It specializes in originating and managing credit sensitive structured financial products. The company makes investments for its own account, as well as manages a series of private equity funds on behalf of institutional and individual investors. Its investment program focuses on structured commercial real estate debt investments, including B Notes, subordinate CMBS, corporate mezzanine loans, first mortgage loans, and property mezzanine loans. The company also finances single properties, multiple property portfolios, and operating companies. It has elected to be taxed as a real estate investment trust and would not be subject to federal income tax, if it distributes at least 90% of its taxable income to its shareholders. The company was founded in 1966 and is headquartered in New York, New York. With 21.71 million shares outstanding and 4.78 million shares declared short as of July 2008, the failure to deliver in shares of CT has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 21,309 shares of CT that were failing-to-deliver as of September 28, 2007.
Flagstar Bancorp Inc. (NYSE: FBC | Quote | Chart | News | PowerRating) operates as the savings and loan holding company for Flagstar Bank, FSB that provides consumer and commercial financial products and services to individuals, and small and middle market businesses in Michigan, Indiana, and Georgia. The company engages in generating deposits and originating loans. Its deposit products include demand deposits, savings and money market accounts, checking deposits, certificates of deposits, municipal deposits, and national deposits. The company's loan portfolio comprises single-family mortgage loans, home equity lines-of-credit, consumer loans, commercial real estate loans, non-real estate commercial loans, and residential mortgage loans for others. The company, through its other subsidiaries, acts as an agent for life insurance, and health and casualty insurance companies; and provides on-line paperless office solutions for mortgage originators. It also engages in holding investment loans, purchasing securities, selling and securitizing mortgage loans, maintaining and selling mortgage servicing rights, developing new loan products, establishing pricing for mortgage loans to be acquired, providing for lock-in support, and managing interest rate risk associated with these activities. As of December 31, 2007, the company operated a network of 164 banking centers. Flagstar Bancorp, Inc. was founded in 1987 and is headquartered in Troy, Michigan. With 60.34 million shares outstanding and 9.36 million shares declared short as of July 2008, the failure to deliver in shares of FBC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 113,416 shares of FBC that were failing-to-deliver as of September 28, 2007.
PIMCO California Municipal Income Fund (NYSE: PCQ | Quote | Chart | News | PowerRating) operates as a nondiversified, closed-end management investment company. It invests primarily in municipal bonds. Allianz Global Investors Fund Management LLC operates as the investment manager of the fund. PIMCO California Municipal Income Fund was founded in 2001 and is based in New York, New York. With 17.96 million shares outstanding and 231,400 shares declared short as of July 2008, the failure to deliver in shares of PCQ has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 10,059 shares of PCQ that were failing-to-deliver as of September 21, 2007.
Altair Nanotechnologies Inc. (NASDAQ: ALTI | Quote | Chart | News | PowerRating) engages in developing and commercializing nanomaterial and titanium dioxide pigment technologies principally in the United States and Canada. It also provides contract research services on select projects. The company operates in three divisions: Power and Energy Group, Performance Materials, and Life Sciences. The Power and Energy Group division engages in the design, development, and production of nano lithium Titanate battery cells, batteries, and battery packs, as well as provides related design and test services. It also offers testing purposes of electrode materials for use in lithium ion batteries. The Performance Materials division engages in the development and production of titanium dioxide pigment for use in paint and coatings; and nano titanium dioxide materials for use in applications related to removing contaminants from air and water. It also engages in the testing, development, marketing, and/or licensing of nano-structured ceramic powders for use in advanced performance coatings, air and water purification systems, and nano-sensor applications. The Life Sciences division engages in the co-development of RenaZorb, a test-stage active pharmaceutical ingredient for the treatment of elevated serum phosphate levels in human patients for kidney dialysis. It also engages in the development of a manufacturing process for a test-stage active pharmaceutical ingredient, which is designed to be useful in the treatment of companion animals. The company was founded in 1973 as Diversified Mines Limited and changed its name to Tex-U.S. Oil & Gas, Inc. in 1981. The name was further changed to Orex Resources, Ltd. in 1986; to Carlin Gold Company, Inc. in 1988; to Altair International Gold, Inc. in 1994; to Altair International, Inc. in 1996; and to Altair Nanotechnologies, Inc. in 2002. Altair Nanotechnologies is headquartered in Reno, Nevada. With 84.51 million shares outstanding and 5.54 million shares declared short as of July 2008, the failure to deliver in shares of ALTI has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 124,932 shares of ALTI that were failing-to-deliver as of September 28, 2007.
MannKind Corp. (NASDAQ: MNKD | Quote | Chart | News | PowerRating) a biopharmaceutical company, focuses on the discovery, development, and commercialization of therapeutic products for diseases, such as diabetes and cancer. Its lead product includes the Technosphere Insulin System for the treatment of diabetes, which is in Phase III clinical trials in the United States, Europe, and Latin America. The Technosphere Insulin System is a dry powder therapy that consists of Technosphere particles onto which insulin molecules are loaded. These loaded particles are then aerosolized and inhaled into the deep lung, using its proprietary MedTone inhaler. The company is also developing therapies for the treatment of various cancers. The lead product candidate in this program, MKC1106-PP, which is in Phase I clinical trial is intended for the treatment of various solid-tumor cancers, including ovarian, colorectal, pancreatic, renal, breast, and prostate carcinomas and melanoma. MannKind Corporation was founded in 1991 and is based in Valencia, California. With 101.43 million shares outstanding and 10.67 million shares declared short as of July 2008, the failure to deliver in shares of MNKD has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 244,178 shares of MNKD that were failing-to-deliver as of September 28, 2007.
Inrob Tech Ltd. (OTCBB: IRBL | Quote | Chart | News | PowerRating) through its subsidiaries, provides engineering products and services for the maintenance of equipment, and the integration and production of advanced wireless control solutions for unmanned ground vehicle robots for use in military and law enforcement applications and control solutions. It offers remote control systems, complete robot systems, and customized solutions. The company also provides maintenance services for laboratory equipment, including testing and measurement equipment, temperature chambers, and x-ray equipment; industrial equipment, such as balance machinery, presses, cleaning equipment, and production lines; scientific and medical equipment comprising spectrometry equipment, laser apparatuses, and analytical tools; closed circuit television systems consisting of cameras, monitors, and traverse sensors. It also offers maintenance services for optical equipment, including cameras and boroscopes; command and control equipment, such as transmission and reception systems, control systems, and robots; audio equipment comprising recording equipment, announcing systems, amplification systems, and sound systems; and various other equipment consisting of power generators, fail-safe products, projectors, and control rooms. In addition, it targets the civilian applications market, which includes solar powered equipment, as well as nuclear plant maintenance, inspection, and decommissioning; the demolition industry; and firefighting and rescue services. The company was founded in 1988 and is based in Las Vegas, Nevada. With 96.44 million shares outstanding and 61,600 shares declared short as of July 2008, the failure to deliver in shares of IRBL has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 430,612 shares of IRBL 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 2,050,000,000 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.
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