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	<title>Comments on: Security Fraud Prosecutions Down 87% Since 2000</title>
	<atom:link href="http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/</link>
	<description>Macro Perspective on the Capital Markets, Economy, Geopolitics, Technology, and Digital Media</description>
	<lastBuildDate>Sat, 21 Nov 2009 22:10:06 -0500</lastBuildDate>
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		<title>By: Francois</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135995</link>
		<dc:creator>Francois</dc:creator>
		<pubDate>Sun, 28 Dec 2008 06:39:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135995</guid>
		<description>&quot;Scott Friedstad, the deputy director of enforcement at the commission, said the numbers did not reflect “the reality that I see on the ground.”

Since when a Bush lackey can see reality as we know it?</description>
		<content:encoded><![CDATA[<p>&#8220;Scott Friedstad, the deputy director of enforcement at the commission, said the numbers did not reflect “the reality that I see on the ground.”</p>
<p>Since when a Bush lackey can see reality as we know it?</p>
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		<title>By: AGG</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135869</link>
		<dc:creator>AGG</dc:creator>
		<pubDate>Sat, 27 Dec 2008 06:36:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135869</guid>
		<description>2009 will be the year that America rediscovers lawyers. As you all know, in most states (Vermont is an exception), you have to be a lawyer to be a judge. Judges and lawyers have been undermined, ridiculed, disrespected and generally forced through more semantic loops in the last year than at any time in history since the Supreme Court of the late 19th century twisted the constitution to gut amendments ment to free slaves and give them citizen rights  and instead, used  them to create and defend corporate personhood. This &quot;wormwhole&quot; moment is passing. Sure, some big rats will get away. But by and large, a lot of lawyers and judges will labor to restore a semblance of respect for the laws. I think it will be a great year for justice. 
Some may ask what grounds I have for optimism. I say that, not only do I have grounds, but I&#039;ll throw in a potato patch too. The Big Picture is the potato patch I&#039;m talking about. Just compare the comments now with those a year ago and you&#039;ll see what I mean.</description>
		<content:encoded><![CDATA[<p>2009 will be the year that America rediscovers lawyers. As you all know, in most states (Vermont is an exception), you have to be a lawyer to be a judge. Judges and lawyers have been undermined, ridiculed, disrespected and generally forced through more semantic loops in the last year than at any time in history since the Supreme Court of the late 19th century twisted the constitution to gut amendments ment to free slaves and give them citizen rights  and instead, used  them to create and defend corporate personhood. This &#8220;wormwhole&#8221; moment is passing. Sure, some big rats will get away. But by and large, a lot of lawyers and judges will labor to restore a semblance of respect for the laws. I think it will be a great year for justice.<br />
Some may ask what grounds I have for optimism. I say that, not only do I have grounds, but I&#8217;ll throw in a potato patch too. The Big Picture is the potato patch I&#8217;m talking about. Just compare the comments now with those a year ago and you&#8217;ll see what I mean.</p>
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		<title>By: Mark E Hoffer</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135820</link>
		<dc:creator>Mark E Hoffer</dc:creator>
		<pubDate>Fri, 26 Dec 2008 21:37:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135820</guid>
		<description>KJ, 

this: &quot;So much history; so many ideas; so little time; how can a person learn it all?&quot;

is a good Q:, simply, one cannot.

lends weight to the ol&#039; adage: &quot;Learn more than you&#039;re Taught.&quot;

the only thing I can say, as you already know, some sources are better than others..

with that, be exposed to many, different sources..fairly readily, the BS will become more obvious.

then, we&#039;ve a choice to make, Hew to the Facts, as we best determine them, or Wallow..

as we know, some things just aren&#039;t Kosher.</description>
		<content:encoded><![CDATA[<p>KJ, </p>
<p>this: &#8220;So much history; so many ideas; so little time; how can a person learn it all?&#8221;</p>
<p>is a good Q:, simply, one cannot.</p>
<p>lends weight to the ol&#8217; adage: &#8220;Learn more than you&#8217;re Taught.&#8221;</p>
<p>the only thing I can say, as you already know, some sources are better than others..</p>
<p>with that, be exposed to many, different sources..fairly readily, the BS will become more obvious.</p>
<p>then, we&#8217;ve a choice to make, Hew to the Facts, as we best determine them, or Wallow..</p>
<p>as we know, some things just aren&#8217;t Kosher.</p>
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		<title>By: steel breeze</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135795</link>
		<dc:creator>steel breeze</dc:creator>
		<pubDate>Fri, 26 Dec 2008 20:01:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135795</guid>
		<description>@Robert

This:

&lt;i&gt; Markets that have many players, transparency, no principal-agent problem and consequences for your actions will self regulate. Markets that have few players, hidden information, principal-agent problems and bailouts will not. &lt;/i&gt;

is nonsense.

Care to specify how many players are sufficient for a &quot;self-regulating market&quot;?  Care to define &quot;transparency&quot;?  Are privately held companies to treated the same as publicly held companies?  Are hedge funds transparent enough?

Good luck with that no principal-agent problem.  And is there anyone that does not suffer the consequences of their actions?  How about suffering the consequences of someone else&#039;s actions?  What does your &quot;self-regulating market&quot; do about those?</description>
		<content:encoded><![CDATA[<p>@Robert</p>
<p>This:</p>
<p><i> Markets that have many players, transparency, no principal-agent problem and consequences for your actions will self regulate. Markets that have few players, hidden information, principal-agent problems and bailouts will not. </i></p>
<p>is nonsense.</p>
<p>Care to specify how many players are sufficient for a &#8220;self-regulating market&#8221;?  Care to define &#8220;transparency&#8221;?  Are privately held companies to treated the same as publicly held companies?  Are hedge funds transparent enough?</p>
<p>Good luck with that no principal-agent problem.  And is there anyone that does not suffer the consequences of their actions?  How about suffering the consequences of someone else&#8217;s actions?  What does your &#8220;self-regulating market&#8221; do about those?</p>
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		<title>By: VoiceFromTheWilderness</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135757</link>
		<dc:creator>VoiceFromTheWilderness</dc:creator>
		<pubDate>Fri, 26 Dec 2008 16:39:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135757</guid>
		<description>Nobody could ever possibly have predicted that a policy that &#039;government is evil&#039; and &#039;the market is always right&#039;, would have resulted in lax enforcement.  Nobody could ever have possibly predicted that lax enforcement would lead to an explosive growth in fraud, and market manipulation.  Nobody could ever have predicted that giving financial executives positions of authority in government would lead to a boom time for financial executives.  Nobody could ever have predicted that laissez-faire capitalism would lead to economic crisis and industry consolidation and a two tiered society.

Could they?</description>
		<content:encoded><![CDATA[<p>Nobody could ever possibly have predicted that a policy that &#8216;government is evil&#8217; and &#8216;the market is always right&#8217;, would have resulted in lax enforcement.  Nobody could ever have possibly predicted that lax enforcement would lead to an explosive growth in fraud, and market manipulation.  Nobody could ever have predicted that giving financial executives positions of authority in government would lead to a boom time for financial executives.  Nobody could ever have predicted that laissez-faire capitalism would lead to economic crisis and industry consolidation and a two tiered society.</p>
<p>Could they?</p>
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		<title>By: Moss</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135740</link>
		<dc:creator>Moss</dc:creator>
		<pubDate>Fri, 26 Dec 2008 15:23:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135740</guid>
		<description>@ DL, (Don Luskin perhaps?)

Don&#039;t be too idealistic about what regulation can accomplish you say....

The problem was that the ideologues  of  &#039;free markets&#039; were absolutely sure of the benefits,  therefore in their minds absolutely correct in following the policies that assumed markets could self regulate.

These same people are now clamoring for a continuation of the policies that got us into this mess in the first place. BTW this is NOT a normal business cycle.. The top of the next bull market will not be when  you expect.</description>
		<content:encoded><![CDATA[<p>@ DL, (Don Luskin perhaps?)</p>
<p>Don&#8217;t be too idealistic about what regulation can accomplish you say&#8230;.</p>
<p>The problem was that the ideologues  of  &#8216;free markets&#8217; were absolutely sure of the benefits,  therefore in their minds absolutely correct in following the policies that assumed markets could self regulate.</p>
<p>These same people are now clamoring for a continuation of the policies that got us into this mess in the first place. BTW this is NOT a normal business cycle.. The top of the next bull market will not be when  you expect.</p>
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		<title>By: politikly.com &#124; politics and world news</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135735</link>
		<dc:creator>politikly.com &#124; politics and world news</dc:creator>
		<pubDate>Fri, 26 Dec 2008 14:57:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135735</guid>
		<description>&lt;strong&gt;Security Fraud Prosecutions Down 87% Since 2000 &#124; politikly.com...&lt;/strong&gt;

\r\nThis year, the S.E.C. has brought the fewest number of securities fraud prosecutions since 1991....</description>
		<content:encoded><![CDATA[<p><strong>Security Fraud Prosecutions Down 87% Since 2000 | politikly.com&#8230;</strong></p>
<p>\r\nThis year, the S.E.C. has brought the fewest number of securities fraud prosecutions since 1991&#8230;.</p>
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		<title>By: KJ Foehr</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135712</link>
		<dc:creator>KJ Foehr</dc:creator>
		<pubDate>Fri, 26 Dec 2008 04:56:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135712</guid>
		<description>Jurgen,

What about the $11.49 SDS paid in capital gains distribution and dividends that went ex-date on Dec. 23?</description>
		<content:encoded><![CDATA[<p>Jurgen,</p>
<p>What about the $11.49 SDS paid in capital gains distribution and dividends that went ex-date on Dec. 23?</p>
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		<title>By: KJ Foehr</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135710</link>
		<dc:creator>KJ Foehr</dc:creator>
		<pubDate>Fri, 26 Dec 2008 04:43:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135710</guid>
		<description>@MEH
Thanks,  I started reading the HLR art. and will continue tomorrow.  But if I do read much more broadly, I will have much less time to hold forth with my ill-informed opinions…

And I still need to get to the bottom line of Mises.

So much history; so many ideas; so little time; how can a person learn it all?</description>
		<content:encoded><![CDATA[<p>@MEH<br />
Thanks,  I started reading the HLR art. and will continue tomorrow.  But if I do read much more broadly, I will have much less time to hold forth with my ill-informed opinions…</p>
<p>And I still need to get to the bottom line of Mises.</p>
<p>So much history; so many ideas; so little time; how can a person learn it all?</p>
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		<title>By: Jurgen</title>
		<link>http://www.ritholtz.com/blog/2008/12/security-fraud-prosecutions-down-87-since-2000/comment-page-1/#comment-135705</link>
		<dc:creator>Jurgen</dc:creator>
		<pubDate>Fri, 26 Dec 2008 03:34:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=13835#comment-135705</guid>
		<description>Old Trader,

You are falling into the uninformed category.

Lets say an uninformed trader has picked a perfect bottom on November 20th and went long SPY at closing price of $75 ($75K capital, 1000 shares at $75). Lets say he has hedged it with SDS that on November 20th closed at $128 (because it is twice the inverse, he would need 1/2 of $75K to fully hedge his SPY bet, risking $37.5K of capital to hedge $75K investment). 

On December 24th, SPY closed at 87 and SDS closed at 77. The uninformed trader would made 14% profit on SPY ($12K) and at the same time he would lose 40% on SDS ($15K). The uninformed trader would actually be a loser with $3K loss, despite perfectly picking the bottom.

Lets say a second informed trader, instead of using SDS, bought 10 January put contracts to hedge 1000 SPY shares exposure, risking $3.75K of capital to hedge $75K investment.

On December 24th, the informed trader makes $12K of profits on SPY and loses $3K on January puts. The informed trader makes $9K profit.

What is better, $9K profit or $3K loss?

I hope you can see now as to why the pros would never use SDS for hedging (risking too much of capital, freezing too much of capital, and losing money on correct trades). 

Most likely if you see large buying Ultra Short ETF orders, it is to manipulate the market or the sector (big trading houses actually set programs to buy these ETFs at specific time during the day to create a selling panic so their firm traders can cover their short trades in underlying securities)</description>
		<content:encoded><![CDATA[<p>Old Trader,</p>
<p>You are falling into the uninformed category.</p>
<p>Lets say an uninformed trader has picked a perfect bottom on November 20th and went long SPY at closing price of $75 ($75K capital, 1000 shares at $75). Lets say he has hedged it with SDS that on November 20th closed at $128 (because it is twice the inverse, he would need 1/2 of $75K to fully hedge his SPY bet, risking $37.5K of capital to hedge $75K investment). </p>
<p>On December 24th, SPY closed at 87 and SDS closed at 77. The uninformed trader would made 14% profit on SPY ($12K) and at the same time he would lose 40% on SDS ($15K). The uninformed trader would actually be a loser with $3K loss, despite perfectly picking the bottom.</p>
<p>Lets say a second informed trader, instead of using SDS, bought 10 January put contracts to hedge 1000 SPY shares exposure, risking $3.75K of capital to hedge $75K investment.</p>
<p>On December 24th, the informed trader makes $12K of profits on SPY and loses $3K on January puts. The informed trader makes $9K profit.</p>
<p>What is better, $9K profit or $3K loss?</p>
<p>I hope you can see now as to why the pros would never use SDS for hedging (risking too much of capital, freezing too much of capital, and losing money on correct trades). </p>
<p>Most likely if you see large buying Ultra Short ETF orders, it is to manipulate the market or the sector (big trading houses actually set programs to buy these ETFs at specific time during the day to create a selling panic so their firm traders can cover their short trades in underlying securities)</p>
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