You can hardly blame Fat Squirrel Trading Group (FSTG) and Rhino
Trading, LLC.
After all, it was 2007, and illegal short selling was almost the
norm. The SEC, in passing a toothless Regulation SHO, had
demonstrated that it didn’t care much. With just a few
exceptions, America’s financial press had made it clear that
the shorts were to be believed and their targets attacked or
ignored.
And, in the midst of what history would eventually show to be
the high-water mark of the greatest bull market of all time, how
could a self-respecting short seller possibly be expected to do
business in any other way?
What FSTG and Rhino couldn’t have known is that four
factors were working against them:
1- In December of 2007, the SEC
would appoint a true inspector general, in the form of David Kotz,
and that Kotz would hear the cries of untold thousands of
shareholders certain that the SEC had ignored their untold
thousands of complaints of illegal naked shorting of companies in
which they had invested untold millions of dollars, and that before
too long, Kotz would issue a scathing report confirming as much,
and…
2- In September of 2008, naked short
selling would provide the spark that lit the fuse that ignited the
greatest financial collapse of all time, and…
3- In January of 2009, Joe
Biden would leave the Senate for the Vice President’s mansion
and Ted Kaufman, Biden’s successor, would make a major issue
out of demanding the SEC start enforcing long-ignored prohibitions
on illegal naked short selling, and, perhaps most
unjustly…
4- By November of 2009, FSTG and
Rhino would remain…