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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.
Ladenburg Thalmann Financial Services Inc (AMEX: LTS | Quote | Chart | News | PowerRating) through its subsidiaries, provides retail and institutional securities brokerage, investment banking, investment activities, and asset management services primarily in the United States. It offers general investment banking and corporate finance consulting services, and services, such as underwriting of public equity and debt offerings; specified purpose acquisition companies underwriting; placement of private debt and equity offerings; merger, acquisition, and divestiture advisory services; rendering fairness and solvency opinions; and financial valuations. The company also provides alternative investments, private investment management, and retirement plan sponsor services, as well as an asset management program to assist customers in achieving their desired investment objectives through centralized management of mutual fund and exchange-traded fund portfolios based on asset allocation models. In addition, it offers broker-dealer and investment advisory services to the independent registered representative community. Further, the company reviews and analyzes general market conditions and other industry groups; issues written reports on companies, with recommendations on specific actions to buy, sell, or hold; furnishes information to retail and institutional customers; and responds to inquires from customers and account executives. It serves middle market and emerging growth companies, and high net worth individuals. The company was founded in 1876 and is based in Miami, Florida. With 162.69 million shares outstanding and 8.26 million shares declared short as of July 2008, the failure to deliver in shares of LTS has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 210,757 shares of LTS that were failing-to-deliver as of September 28, 2007.
BMP Sunstone Corp. (NASDAQ: BJGP | Quote | Chart | News | PowerRating) operates as a pharmaceutical and over-the-counter, or OTC, manufacturing, marketing, and distribution company in China. It offers various marketing and promotional services, including pre-market entry analysis; clinical trial management; product registration; market research; pharmaceutical marketing to physicians, hospitals, and other healthcare providers; OTC marketing to retail pharmacies; and pharmaceutical distribution. The company also provides distribution services for various products, including western medicines, traditional Chinese medicines, bio-chemical medicines, and medical applications. BMP Sunstone's products include Propess for the treatment of cervical ripening; Anpo for pre-term labor management; and Galake for cancer, trauma, and surgical pains. The company's developing products include Ferriprox for iron overload; Flashtab Ondansetron for nausea and vomiting; Clindesse for bacterial vaginosis; Enablex for overactive bladder; Misopess for cervical ripening and labor induction; Fentora for pain management; Nuvigil for excessive sleepiness; and Myocet for breast cancer. Its OTC products consist of Hao Wawa pediatric granules, chewables, and syrups; Kang Fu Te line of gynecology suppositories; and Nemei line of women's health products. The company was formerly known as Beijing Med-Pharm Corporation and changed its name to BMP Sunstone Corporation in February 2008. BMP Sunstone is based in Plymouth Meeting, Pennsylvania. With 39.49 million shares outstanding and 3.42 million shares declared short as of July 2008, the failure to deliver in shares of BJGP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,761 shares of BJGP that were failing-to-deliver as of September 21, 2007.
First Busey Corp. (NASDAQ: BUSE | Quote | Chart | News | PowerRating) operates as a bank holding company for Busey Bank and Busey Bank, National Association that provide various retail and commercial banking services to individual, corporate, institutional, and governmental customers in the United States. It accepts demand and savings deposits; and originates individual, consumer, installment, first mortgage, and second mortgage loans, as well as provides money transfers, safe deposit services, IRA, Keogh and other fiduciary services, automated banking, and automated fund transfers. The company offers a range of banking services, including commercial, financial, agricultural, and real estate loans. It also provides various trust and investment management services, including estate and financial planning, tax preparation, custody services, philanthropic advisory services, brokerage services, and investment advice. As of December 31, 2007, First Busey Corporation operated through 45 locations in Illinois; Indianapolis, Indiana; and Florida. The company was founded in 1868 and is headquartered in Urbana, Illinois. With 35.87 million shares outstanding and 3.19 million shares declared short as of July 2008, the failure to deliver in shares of BUSE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 74,442 shares of BUSE that were failing-to-deliver as of September 28, 2007.
East West Bancorp Inc. (NASDAQ: EWBC | Quote | Chart | News | PowerRating) together with its subsidiaries, operates as the holding company for East West Bank, which provides a range of personal and commercial banking services to small and medium-sized businesses, business executives, professionals, and other individuals in California. The company offers deposit products, including personal and business checking and savings accounts, time deposits and individual retirement accounts, travelers' checks, safe deposit boxes, and MasterCard and Visa merchant deposit services. It also offers lending services, such as residential and commercial real estate, construction, commercial, trade finance, accounts receivable, small business administration, inventory, and working capital loans. In addition, East West Bancorp provides short-term trade finance facilities for the United States importers and manufacturers doing business in the Asia Pacific region. Further, the company provides business and consumer insurance services to the southern California market. As of March 28, 2008, it operated 70 branch locations in southern and northern California; 1 branch location in Houston, Texas; and three international locations in Greater China, including a full-service branch in Hong Kong and representative offices in Beijing and Shanghai. The company was founded in 1998 and is headquartered in Pasadena, California. With 63.44 million shares outstanding and 20.83 million shares declared short as of July 2008, the failure to deliver in shares of EWBC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 14,901 shares of EWBC that were failing-to-deliver as of September 19, 2007.
Metabolix Inc. (NASDAQ: MBLX | Quote | Chart | News | PowerRating) a biotechnology company, develops alternatives to petrochemical-based plastics, chemicals, and energy. It applies metabolic engineering and molecular biology tools to produce biobased plastic in microbial systems and directly in non-food plant crops. The company develops a microbial fermentation system to produce a family of polymers known as polyhydroxyalkanoates branded under the name Mirel. It sells these bioplastic alternatives to petroleum-based plastics for use in a range of commercial applications, including packaging, consumer goods, and consumer electronics, products used in agriculture and horticulture, and marine and water. In addition, Metabolix offers biomass biorefinery system using plant crops to co-produce bioplastics and bioenergy. It has a strategic alliance with ADM Polymer Corporation. The company was founded in 1992 and is headquartered in Cambridge, Massachusetts. With 22.73 million shares outstanding and 4.16 million shares declared short as of July 2008, the failure to deliver in shares of MBLX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 41,170 shares of MBLX that were failing-to-deliver as of September 27, 2007.
Medivation Inc. (NASDAQ: MDVN | Quote | Chart | News | PowerRating) a biopharmaceutical company, engages in the research and development of small molecule drugs for the treatment of Alzheimer's disease, Huntington's disease, and hormone-refractory prostate cancer. The company's product pipeline includes Dimebon, which has completed first pivotal trial for mild-to-moderate Alzheimer's disease, and is in Phase 2 clinical trial in patients with mild-to-moderate Huntington's disease. Medivation is also developing MDV3100, which is in a Phase 1-2 clinical trial in patients with hormone-refractory prostate cancer. The company was founded in 2003 and is based in San Francisco, California. With 28.87 million shares outstanding and 6.93 million shares declared short as of July 2008, the failure to deliver in shares of MDVN has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 22,387 shares of MDVN 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.
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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