Bagley on the topic. You crunch your own numbers. LEHMAN was shorted/nakedshorted/manipulated to an untimely demise. Slow it down, maybe it wouldn't have failed. Mayber there could have been an orderly liquidation. Maybe we wouldn't have suffered. But definitely, laws were broken. And it doesn't matter. You will Congressional legislation, similar to what I predicted last year, when Congress reconvenes in April. Get over it.
There's no doubt that some of those fails were not the result of strategic naked shorting. Some were probably the result of failed delivery of long trades (probably because those shares had been lent out to shorts). However I'm satisfied that the vast majority of those fails were strategic short-side fails.
To understand why, look at the data:
date fails
9/18/2008 28,070,996
9/19/2008 29,851,884
9/22/2008 49,664,845
9/23/2008 41,863,300
9/24/2008 21,672,405
9/25/2008 15,848,613
9/26/2008 12,664,914
9/29/2008 6,381,250
9/30/2008 5,975,265
Now, because a fail does not become a fail until T+3, we adjust the chart as follows:
9/17/2008 49,664,845
9/18/2008 41,863,300
9/19/2008 21,672,405
9/22/2008 15,848,613
9/23/2008 12,664,914
9/24/2008 6,381,250
9/25/2008 5,975,265
9/18 was the date of the emergency order, which only applied to short fails generated after that date. As you can see, from their peak on 9/17, fails immediately began to drop steeply.
Coincidence?
I don't think so.
Summing up, the fails chart looks like the Matterhorn, with the SEC's emergency order at the peak. Because the order only applied to short side fails, I conclude that these are what the mountain itself is primarily composed of.
As for the Division of Enforcement's incredulity on this front, I can put that into context with a single word: Madoff.