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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.
BHP Billiton Ltd. (NYSE: BHP | charts | news | PowerRating) together with its subsidiaries, engages in mining, drilling, and processing mineral resources. It operates through seven segments: Petroleum, Aluminium, Base Metals, Carbon Steel Materials, Diamonds and Specialty Products, Energy Coal, and Stainless Steel Materials. The Petroleum segment engages in the exploration for and production, processing, and marketing of hydrocarbons, including oil, gas, and liquefied natural gas. The Aluminium segment explores and mines bauxite, as well as processes and markets aluminium and alumina. The Base Metals segment engages in the exploration for and mining, processing, and marketing of copper, silver, zinc, lead, uranium, and copper by-products, including gold. The Carbon Steel Materials segment engages in the exploration for and mining, processing, and marketing of coking coal, iron ore, and manganese. The Diamonds and Specialty Products segment includes exploration and mining of diamonds and titanium minerals, and fertilizer operations. The Energy Coal segment engages in the exploration for and mining, processing, and marketing of energy coal. The Stainless Steel Materials segment engages in the exploration for and mining, processing, and marketing of nickel. BHP Billiton operates primarily in Australia, South America, Africa, and Canada. The company was founded in 1885 and is headquartered in Melbourne, Australia. BHP Billiton Ltd. operates as a subsidiary of BHP Billiton Group. With 2.86 billion shares outstanding and 4.43 million shares declared short as of November 2007, the failure to deliver in shares of BHP has not been resolved and a buy-in is imminent.
The First Marblehead Corp. (NYSE: FMD | charts | news | PowerRating) together with its subsidiaries, provides outsourcing services for private education lending in the United States. It provides an integrated suite of design, implementation, and securitization services for student loan programs to national and regional financial institutions and educational institutions, as well as businesses, education loan marketers, and other enterprises. The company's services include program design and marketing; borrower inquiry and application; loan origination and disbursement; loan securitization; and loan servicing activities, as well as offer services in connection with private label loan products. It primarily focuses on loan programs for undergraduate, graduate, and professional education, as well as on the primary and secondary school market. The First Marblehead Corporation was founded in 1991 and is headquartered in Boston, Massachusetts. With 93.5 million shares outstanding and 13.7 million shares declared short as of November 2007, the failure to deliver in shares of FMD has not been resolved and a buy-in is imminent.
W Holding Company Inc. (NYSE: WHI | charts | news | PowerRating) operates as the holding company for Westernbank Puerto Rico, which offers business and consumer financial services in Puerto Rico, the United States. It accepts time deposits, savings deposits, and interest and non-interest bearing demand deposits. The company's loan portfolio includes commercial real estate mortgage, residential real estate mortgage, construction mortgage, and consumer and others loans, as well as commercial, industrial, and agricultural loans. The company, through its other subsidiaries, offers investment, trust, brokerage, and treasury services. In addition, W Holding Company, through its subsidiary, operates as a general insurance agent, providing property, casualty, life, and disability insurance. As of December 31, 2006, the bank operated 56 bank branches, including 33 in the western and southwestern regions, 14 in the San Juan metropolitan area, 7 in the Northeastern region, and 2 in the Eastern region in Puerto Rico, as well as offers its services through online. The company was founded in 1958 and is headquartered in Mayaguez, Puerto Rico. With 164.9 million shares outstanding and 17.96 million shares declared short as of November 2007, the failure to deliver in shares of WHI has not been resolved and a buy-in is imminent.
Artes Medical Inc. (NASDAQ: ARTE | charts | news | PowerRating) a medical technology company, focuses on the development, manufacture, and commercialization of injectable aesthetic products for the dermatology and plastic surgery markets in the United States. It offers ArteFill, a non-resorbable aesthetic injectable implant for the correction of facial wrinkles known as smile lines, or nasolabial folds. Artes Medical markets and sells ArteFill to dermatologists, plastic surgeons, and cosmetic surgeons through its direct sales force. The company, formerly known as Artes Medical USA, Inc., was founded in 1999 and is headquartered in San Diego, California. With 16.48 million shares outstanding and 352,500 shares declared short as of November 2007, the failure to deliver in shares of ARTE has not been resolved and a buy-in is imminent.
Location Based Technologies Inc. (OTCBB: LBAS | charts | news | PowerRating) a development stage wireless technology company, focuses on the development of a personal location device system for retail distribution in the United States. It develops the PocketFinder Personal Locator or PocketFinder, a small personal location device designed to locate children, elderly or disabled persons, and pets, as well as to track valued personal property. It utilizes wireless data services, voice recognition, and location-based tracking capabilities using GPS and GPRS technologies. The company was founded in 2005 and is based in Anaheim, California. With 5.16 million shares outstanding and 34,500 shares declared short as of November 2007, the failure to deliver in shares of LBAS has not been resolved and a buy-in is imminent.
Interlink Global Corporation (OTC: ILKG | charts | news | PowerRating) has been providing telecommunication solutions since 2002. The company does business in North America, South America, and the Middle East. Interlink provides SIP-based broadband telephony solutions, Wi-Fi applications, Interlink Virtual PBX, and other enterprise solutions. Interlink Global, using VoIP technology, provides long distance telephone services, with full features, at prices that are greatly reduced in comparison with traditional telephone companies. With 47.85 million shares outstanding and an undisclosed short position, the failure to deliver in shares of ILKG has not been resolved and a buy-in is possible.
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 1,700,000,000 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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