Falling Short: Has the SEC’s Quest to Control Market Manipulation and Abusive Short Selling Come to an End or Has It Really Just Begun?

Ramirez, Richard E.

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Falling Short: Has the SEC’s Quest to Control Market Manipulation and Abusive Short Selling Come to an End or Has It Really Just Begun?

University of Puerto Rico Business Law Journal, Vol. 2, No. 1, pp. 76-102, Spring 2011

27 Pages Posted: 4 Nov 2019 Last revised: 6 Nov 2019

See all articles by Richard E. Ramirez

Richard E. Ramirez

Georgetown University, Law Center, Students

Date Written: May 2011

Abstract

Despite continued attempts by regulators to curtail abusive short sales and increase transparency, the pattern and practice of fraudulent manipulation continues to proliferate and threaten the capitalization of a wide variety of issuers within the securities market. Identifying a meaningful resolution requires analyzing capital market objectives and addressing the inequities of our current regulatory scheme.

Keywords: 'Securities', 'Short Sales', 'Naked Short', 'Recession', 'Market Manipulation', 'Securities Regulation', 'Fraud', 'Efficient Markets', 'Death Spiral', 'Deception', 'FTD', 'Failure to Deliver', 'Regulation SHO', 'Uptick Rule', 'Antifraud', 'Section 10(b)', '10b-21', '10a-1(a)', 'Rule 204'

JEL Classification: G1, G01, G14, G18, G2, G23, G24, G28, K, K22, K23, K4, K42, L1, L11

Suggested Citation: Suggested Citation

Ramirez, Richard E., Falling Short: Has the SEC’s Quest to Control Market Manipulation and Abusive Short Selling Come to an End or Has It Really Just Begun? (May 2011). University of Puerto Rico Business Law Journal, Vol. 2, No. 1, pp. 76-102, Spring 2011, Available at SSRN: https://ssrn.com/abstract=3096562