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.
PrivateBancorp Inc. (NASDAQ: PVTB | Quote | Chart | News | PowerRating) through its subsidiaries, provides various financial services to entrepreneurial and middle-market companies, individuals, wealthy families, professionals, entrepreneurs, and real estate investors in the United States. It primarily engages in generating deposits and originating loans. The company's commercial banking services include lines of credit for working capital, term loans for equipment and other investment purposes, and letters of credit, as well as offers non-credit products, including remote merchant capture, lockbox, cash concentration accounts, other cash management products, foreign exchange, and derivatives. The company also offers real estate lending services, including permanent and interim mortgages to businesses and individuals to finance various owner-occupied properties and investment properties, such as apartment buildings, office buildings, and shopping centers, as well as provides commercial, commercial real estate, construction, personal, and residential real estate loans. In addition, it offers private banking services to individuals and families, self-employed, professional athletes, and business owners, as well as provides personal banking services include interest-bearing checking, money market accounts, certificates of deposit, ATM/debit cards, investment brokerage accounts, and domestic and international wire transfers. Further, the company offers wealth management services, which include investment management, personal trust, guardianship and estate administration, custody, and investment services, as well as retirement accounts. As of December 31, 2007, it operated 20 offices in Chicago, suburban Detroit, St. Louis, Milwaukee, Kansas City, Atlanta, Cleveland, and Minneapolis. The company was founded in 1989 and is based in Chicago, Illinois. With 28.55 million shares outstanding and 5.31 million shares declared short as of July 2008, the failure to deliver in shares of PVTB has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 20,793 shares of PVTB that were failing-to-deliver as of September 28, 2007.
USA Bank (OTCBB: USBK | Quote | Chart | News | PowerRating) as a community bank in New York. It offers deposit products, Internet banking, ATM cards, consumer loans, and residential and commercial loans. U.S.A Bank was founded in 2005 and is based in Port Chester, New York. With 5.75 million shares outstanding and 15,800 shares declared short as of July 2008, the failure to deliver in shares of USBK has not been resolved and a buy-in is imminent.
Harvey Electronics Inc. (OTC: HRVE | Quote | Chart | News | PowerRating) engages in the retail sale, service, and custom installation of audio, video, and home theater equipment in the United States. Its products include fidelity components and systems, digital versatile disc players, digital video recorders, high definition television, plasma flat-screen and LCD flat panel television sets, integrated remote controls, media servers, audio/video furniture, conventional telephones, MP3 players, iPods, satellite and analog radios, service contracts, and related accessories. The company also sells audio components, including speakers, subwoofers, receivers, amplifiers, preamplifiers, compact disc players, turntables, and tuners; and accessories comprising integrated remote controls, headphones, surge protectors, and projection screens. As of October 28, 2006, the company operated a Bang & Olufsen branded store in Manhattan; six Harvey retail stores in Paramus, New Jersey; Mt. Kisco, Westchester; Greenwich, Connecticut; Greenvale/Roslyn, New York; Eatontown, New Jersey; and Bridgewater, New Jersey; and two Harvey retail stores in Manhattan, New York, as well as a Bang & Olufsen showroom within Harvey retail store in Greenwich, Connecticut. Harvey Electronics was founded in 1926 and is headquartered in Lyndhurst, New Jersey. On December 28, 2007, Harvey Electronics Inc. filed a voluntary petition for reorganization under Chapter 11 in the U.S. Bankruptcy Court for the Southern District of New York, Manhattan. With 998,667 shares outstanding and 1,300 shares declared short as of July 2008, the failure to deliver in shares of HRVE has not been resolved and a buy-in is imminent.
Compass Group Plc (OTC: CMPGY | Quote | Chart | News | PowerRating) together with its subsidiaries, operates as a food service company. It offers contract food services and support services worldwide. The company provides food, vending, and related services primarily on its clients' premises. It serves the business and industry; fine dining; healthcare and seniors; education; sports and leisure; defense, offshore, and remote sites; and vending market sectors. The company was founded in 1941 and is based in Chertsey, the United Kingdom. With 1.85 billion shares outstanding and 1.13 million shares declared short as of July 2008, the failure to deliver in shares of CMPGY has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,864 shares of CMPGY that were failing-to-deliver as of September 28, 2007.
Canadian Quantum Energy Corp (OTC: CQUTF | Quote | Chart | News | PowerRating) engages in the acquisition, exploration, development, and production of petroleum and natural gas properties in eastern Canada. The company, through joint ventures, has interests in oil and gas fields located in Ontario and Quebec. Canadian Quantum Energy Corp. is based in London, Canada. With 4.6 million shares outstanding and 35,300 shares declared short as of July 2008, the failure to deliver in shares of CQUTF has not been resolved and a buy-in is imminent.
NovaStar Financial, Inc. (OTC: NOVSP) together with its subsidiaries, operates as a non-conforming residential mortgage portfolio manager. It invests in a portfolio of mortgage securities, which includes interest-only, prepayment penalty, and overcollateralization securities retained from its securitizations of nonconforming, single-family residential mortgage loans; and subordinated mortgage securities retained from its securitizations and subordinated home equity loan asset-backed securities. The company was founded in 1996 and is based in Kansas City, Missouri. With 2.99 million shares outstanding and 582,100 shares declared short as of July 2008, the failure to deliver in shares of NOVSP has not been resolved and a buy-in is imminent.
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 2,100,000,000 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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