Quote from Dustin:
Can you elaborate Don? Felony? We can all make mistakes sometimes, especially on software that allows it.
Back when they had the "DO NOT SHORT" list of Financials, the rules were changed so that illegal shorts or even illegal long sales could be construed as a Felony. "They" were looking for scapegoats, IMO (personally, not Bright Trading, etc. standard disclaimer).... This is when we had to actually Pre-locate those particular stocks vs. simply having a pop up come up for "hard to borrow" stocks.
(I can't find the whole thing, but here is a portion)
Rule 10b-21 Short Selling Anti-Fraud Rule
The Commission adopted Rule 10b-21, which expressly targets fraudulent short selling transactions. The new rule covers short sellers who deceive broker-dealers or any other market participants. Specifically, the new rule makes clear that those who lie about their intention or ability to deliver securities in time for settlement are violating the law when they fail to deliver. This rule also becomes effective at 12:01 a.m. ET on Thursday.
We used to have "days" to deliver shares, but at this juncture, we had to actually locate the stock before shorting etc. for "immediatel delivery" .... The last 8 months or so have been a bookkeeping nightmare. But, we have no choice but to comply.
And, we had a very few, mostly with automated programs, who were having trouble. Still working out a few bugs, but very few are affected these days.
edit: We have the Illegal Short Sale Preventer that can be turned on to prevent all this...but, since we have so many traders who like to trade the opens, they might need to have it shut off. For example...you're long 1000 GE pre market, you want to sell it Long Opening ONly, but you also want to send in 2000 Short Opening Only...the preventers would not allow it....some re-wrote software, some are just really careful with how they place orders.
edit #2, LOL: (I keep reading the above posts, LOL). What tends to happen is that traders will be long, send in an order to sell long, up 20 cents of something, then decide to hit a bid, and not cancel the other order... everyone is a lot more careful these days.
All the best,
Don