Subject: File No. 4-500
From: Kent Jacobson, President and CEO
Affiliation: Titan Oil and Gas, Inc.
May 2, 2005
Dear Sir or Madam,
It has been distressing to me, as CEO and President of our company, to learn from our lawyer that we have regularly been on the "Regulation SHO Threshold List" for some time now. If short positions are not being covered within the mandated time, it is my understanding that this is illegal activity. I see, once again, that we are still appearing on this list (our symbol is TNOG). I wish to know what is being done about this.
As CEO, even though I know we occupy a position on the "SHO List," I am frustrated because there is nothing I can do about it. The list does not tell me who is failing to cover short positions in our stock, and what the regulators are doing to make the involved entities comply with the law - it only tells me that "somebody" is engaged in illegal activity against our company. The lack of accountability by market participants to have to report their positions is disgusting, and leads to continuing abusive practices toward our company's stock.
Recently, I received a phone call from John Mulhern and Jay Scoggins, Staff Attorneys in the Enforcement Division of the SEC Central Regional Office in Denver, CO. They intimated that we have been the target of abusive chat board activity and asked me if I recognized three names, the first two of which appear to be aliases.
- Gabor ACS
- Andrew Wimpsheimer
- Knight Equity Markets
My immediate response to hearing "Knight Equity Markets" was that they are notorious for abusive short selling practices.
In view of the foregoing, I strongly feel that there needs to be a comprehensive list of all short positions that is transparent to all investors and other market participants. This should not only be limited to certain segments of the market, but to all companies trading publicly, for the protection and benefit of all concerned. Hence, I support the proposed rule change
President and CEO
Titan Oil and Gas, Inc.
(604) 726-2599 Direct Phone
(866) 830-7169 Direct Fax