Some of his testimony (think we're serious about this?). Before you go bullshit bashing me, remember, this is under oath to Congress. The downside to lying is about to be felt by the Dir of Enf and some other SEC staffers.
The second issue I want to discuss is naked short selling, which I believe
contributed to both the collapse of Bear Stearns and Lehman Brothers. Short selling by
itself can be employed as a legitimate hedge against risk. Naked short selling, on the
other hand, is an invitation to market manipulation. Naked short selling is the practice of
selling shares short without first borrowing or arranging to borrow those shares in time to
make delivery to the buyer within the settlement period â in essence, selling something
you do not own and might not ultimately deliver to the buyer.
Naked short selling, followed by false rumors, dealt a critical, if not fatal
blow to Bear Stearns. Many knowledgeable participants in our financial markets are
convinced that naked short sellers spread rumors and false information regarding the
liquidity of Bear Stearns, and simultaneously pulled business or encouraged others to pull
business from Bear Stearns, creating an atmosphere of fear which then led to a self-fulfilling
prophecy of a run on the bank. The naked shorts and rumor mongers succeeded
in bringing down Bear Stearns. And I believe that unsubstantiated rumors in the
marketplace caused significant harm to Lehman Brothers. In our case, false rumors were
so rampant for so long that major institutions issued public statements denying the
rumors.
Following the Bear Stearns run on the bank, we and many others called on
regulators to immediately clamp down on naked short selling. The SEC issued a
temporary order that went into effect on July 21 prohibiting ânakedâ short selling of
certain financial firms, including Lehman, Merrill Lynch, Fannie Mae and Freddie Mac.
This measure stabilized the share prices of Lehman Brothers and the other firms.
However, this restriction was temporary, and on August 13 it expired after 17 trading
days. History has already shown how wrong and ill-advised it is to allow naked short
selling.
Many of the firms that have recently collapsed or have been forced into
emergency mergers, takeovers, or government bailouts â Bear Stearns, Lehman Brothers,
Merrill Lynch, Fannie Mae, Freddie Mac, AIG â did so during the gaps of time in which
there was no meaningful regulation of naked short selling. On September 15, when the
market opened after the collapse of Lehman, naked shorts appeared to turn their attention
to Morgan Stanley and Goldman Sachs. In the three days between the announcement of
Lehman Brothersâ bankruptcy and the SEC instituting an emergency ban on short selling,
Goldman Sachsâ and Morgan Stanleyâs share prices fell 30% and 39% respectively.
None of this was a coincidence.
After seeing this stock price reaction in the week following Lehman
Brothersâ bankruptcy, the SEC, like the Federal Reserve, took immediate action to
stabilize the system. On September 18, following the decision of the Financial Services
Authority in the United Kingdom a day earlier, the SEC instituted an emergency ban and
other restrictions on short selling financial institutions. In taking these steps, Chairman
Cox explained: âGiven the importance of confidence in our financial markets as a whole,
we have become concerned about the sudden and unexplained declines in the prices of
securities. Such price declines can give rise to questions about the underlying financial
condition of an issuer, which in turn can create a crisis of confidence without a
fundamental underlying basis. The crisis of confidence can impair the liquidity and
ultimate viability of an issuer, with potentially broad market consequences.â These new
restrictions are set to expire no later than October 17. Permanent regulation of naked
short selling is needed to prevent a similar demise for the firms that survived with the
governmentâs help.