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.
Flaherty & Crumrine Preferred Income Fund Inc. (NYSE: PFD | Quote | Chart | News | PowerRating) operates as a diversified, closed-end management investment company. The fund primarily invests in traditional DRD-eligible preferred securities, common stocks, and debt securities. The company also invests in utilities, banks, insurance, financial, services, oil and gas, REIT, and other industrial sectors. Flaherty & Crumrine Incorporated serves as the Fund's investment advisor. Flaherty & Crumrine Preferred Income Fund was incorporated in 1990 and is based in Pasadena, California. With 10.55 million shares outstanding and 132,400 shares declared short as of September 2008, the failure to deliver in shares of PFD has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 60,375 shares of PFD that were failing-to-deliver as of April 1, 2004.
Chattem Inc. (NASDAQ: CHTT | Quote | Chart | News | PowerRating) together with its subsidiaries, engages in the manufacture and marketing of a portfolio of over-the-counter (OTC) healthcare products, toiletries, and dietary supplements. The company markets its products under various brand names in categories, such as medicated skin care, topical pain care, oral care, internal OTC, medicated dandruff shampoos, dietary supplements, and other OTC and toiletry products. It sells Medicated Skin Care products under the brands Gold Bond, Cortizone-10, and Balmex; Topical pain care products under the Icy Hot, Aspercreme, Flexall, Capzasin, Sportscreme, and Arthritis Hot brand names; Oral Care products under the brands ACT, Herpecin-L, and Benzodent; and Internal OTC products under the Pamprin, Premsyn PMS, Unisom, and Kaopectate brand names. The company also offers medicated dandruff shampoos under the brands Selsun Blue, Selsun Salon, and Selsun Blue Naturals; Dietary Supplement products under the Dexatrim, Garlique, Melatonex, New Phase, and Omnigest EZ brand names; and Other OTC and Toiletry Products under the brands Bullfrog, Sun-In, UltraSwim, and Mudd. Chattem markets its products to mass merchandisers, and drug and food retailers in the United States, Canada, Europe, and Latin America. The company was founded in 1879 and is headquartered in Chattanooga, Tennessee. With 18.77 million shares outstanding and 5.86 million shares declared short as of September 2008, the failure to deliver in shares of CHTT has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 345,985 shares of CHTT that were failing-to-deliver as of May 18, 2005.
Trico Marine Services Inc. (NASDAQ: TRMA | Quote | Chart | News | PowerRating) through its subsidiaries, provides marine support vessels to the offshore oil and gas industry. Its fleet of vessels provides a range of services to offshore oil and gas operators, including the transportation of drilling materials, supplies, and crews to drilling rigs and other offshore facilities; towing drilling rigs and equipment from one location to another; and support for the construction, installation, repair, and maintenance of offshore facilities. The company also provides support for deepwater remotely operated vehicles, well stimulation, sea floor cable laying, and trenching services. As of December 31, 2007, its fleet consisted of 64 vessels, including 10 large capacity platform supply vessels, 6 large anchor handling towing and supply vessels, 41 supply vessels, 6 crew boats, and 1 line handling utility vessel, as well as 8 multi-purpose service vessels under construction. The company has operations in the North Sea, west Africa, Mexico, Brazil, southeast Asia, and the U.S. Gulf of Mexico. Trico Marine Services, Inc. was founded in 1993 and is headquartered in Houston, Texas. With 15.5 million shares outstanding and 3.05 million shares declared short as of September 2008, the failure to deliver in shares of TRMA has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 830,944 shares of TRMA that were failing-to-deliver as of May 21, 2008.
Digital Info Security Company (OTC: DGIF | Quote | Chart | News | PowerRating) operates as an application service provider. The company provides hosted email archiving, email surveillance, spam filtering and virus protection, email conversion, encryption, instant message archiving, remote backup and restoration, colocation, blackberry hosting, and Web site hosting services. Its products and services include managed service provider, hosted or in-house solutions, blackberry and windows mobile solutions, contact management, pop3 hosting, exchange hosting, firewall management, online search and retrieval, disaster recovery, and industry specific solutions. Digital Info Security Company is based in Westminster, Colorado. With 106.15 million shares outstanding and 13,600 shares declared short as of September 2008, the failure to deliver in shares of DGIF has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 158,423 shares of DGIF that were failing-to-deliver as of April 13, 2007.
Frontier Airlines Holdings Inc. (OTC: FRNTQ | Quote | Chart | News | PowerRating) through its subsidiaries, provides scheduled air transportation services for passengers and freight. The company operates jet service carriers linking from its Denver, Colorado hub to 59 destinations, including Mexico, Canada, and Costa Rica. As of June 23, 2008, it operated a mainline fleet of 60 jets consisting of 47 Airbus A319s, 11 Airbus A318s, and 2 Airbus A320s, as well as a regional fleet of 10 Bombardier Q400 turboprop aircraft. The company was founded in 1994 and is headquartered in Denver, Colorado. On April 10, 2008, Frontier Airlines Holdings, Inc., along with its affiliates, filed a voluntary petition for reorganization under Chapter 11 in the U.S. Bankruptcy Court for Southern District of New York, Manhattan. With 36.64 million shares outstanding and 7.14 million shares declared short as of September 2008, the failure to deliver in shares of FRNTQ has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 1,015,682 shares of FRNTQ that were failing-to-deliver as of April 25, 2008.
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 2,200,000,000 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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