Lehman: Short Raiders 1 : Regulators Nil

That is the score in the game of chicken played between the band of short sellers intent on pushing another Investment Bank over the brink and the regulators - in particular the SEC - who fiddle while Rome burns.
Last July the SEC imposed a ban on 'naked' short selling of bank shares which in our opinion was much too weak a measure given the pervasiveness of short selling and the fire power that the raiders have at their disposal. Naked short selling was illegal in any case, so to finally enforce it was just a pathetic gesture.
Financial Institutions are critically dependent on public trust as ALL banks would be bankrupt in a second if all depositors and creditors would demand repayment at any point in time. There was a time when short selling was limited to a small group of sophisticated investors and to market professionals such as NYSE specialists. Now this cottage industry has morphed into a monster that threatens the stability of whatever target the 'shorties' decide to take aim at.
Recent trading volumes in the shares of Lehman Brothers are so enormous that they cannot be simply the result of long-term shareholders deciding to sell. Activity in the shares is more akin to the frenetic buzz normally limited to betting shops. The SEC so far has failed to call an end to this and we fear that the taxpayer will have to pick up the bill when the music stops.
This shall not be construed to be a defense of the actions of Lehman management. That huge bets were made on property-related holdings is testimony to a serious lack of discipline on the part of top management.

Wipe out Fannie Mae Equity and profit handsomely!

Anyone who still has doubts about the ability of the authorities to deal with the fall-out from the sub-prime credit crisis would have been convinced otherwise if he had the chance to watch Bill Ackman pontificating about his proposal to 'recapitalise' Fannie Mae.
It is amazing that CNBC gives a fund manager who happily admits that he is short the common stock and subordinated bonds the platform on which to promote his financial self-interest at a time when the American Banking System (and British?) experiences a severe crisis of confidence.
At least the FSA in the United Kingdom has made a first step towards the restoration of fair play in the markets by making the practice of short selling shares in companies that are in the process of a rights issue subject to (very weak and ineffective) disclosure rules.

Short Selling is a valid practice - but like any good thing it becomes a danger if carried to extremes. Temple Associates is a fervent proponent of Free Markets but this practice can now be turned into a 'weapon of financial mass destruction'. Short Selling in the good old days was confined to market professionals (Jobbers or Specialists) and maybe a few savvy speculators who had very small amounts of money to play with. Now Short Sellers can muster billions, even tens of billions and as a consequence the practice has to be seen in a fresh light.
Short Sellers can initiate a vicious cycle and cause a downward spiral in confidence which is very difficult to reverse. Of course, where there is smoke there is fire. But that does not mean that a business that can be nursed back to health should be pushed over the brink just to satisfy the greed of a few market players.

Does the FSA have the right priorities?

We were recently trying to find the site where the FSA publishes the Disclosure Reports about Short Positions in the shares of companies that are staging a capital increase. The keyword 'disclosure' returns a staggering amount of entries from its website, more than a mere mortal can digest in a lifetime. But one item caught our attention. It is named 'Disclosure Requirements for the Accounts of Working Men's Clubs' (dated 4 July 2008) and runs to a full seven pages.
We did not know whether to cry or laugh about this gem that was penned by a faceless Civil Servant. With the whole structure of British Banking teetering on the brink, - do the regulators really have nothing better to do than concern themselves with the affairs of Working Men's Clubs? (by the way, we never met anyone who was a member of such a club and never heard that any such Club was causing major problems for the financial structure of the Kingdom).
Anyone who suffers too much stress in the markets and wants to relax for a moment can read the details on the FSA Website, Ref R/FS/AR 41D (and lest I forget, there are Notes attached!)