July 15, 2008
The data released as a result of the investigation certainly seems to indicate that the loophole was intentionally exploited. Such intentional exploitation suggests that the creation of FTD shares was used to manipulate the price of the underlying equity in many instances. There are existing laws (Securities Exchange Act of 1934) against the manipulation of security prices. Since the SEC has already uncovered evidence of crimes being committed, will it take the next step and prosecute the miscreants? We need more than just Bear... Successful prosecution will help create the basis for civil action by wronged companies and shareholders, opening the way for at least partial restitution for the many who have suffered real economic loss while the miscreants and their abettors have reaped substantial financial gains.
There are many problems with our financial markets today the obvious lack of a level playing field is a serious one.