There is no doubt in my mind that the removal of the uptick rule by Chairman Cox and the SEC in July 2007 - a rule that had been in existence for over 70 years - has been a major factor in the destabilization of the financial markets. Naked shorting has added another nail in the coffin.
I have nothing against short selling if it is done within the regulations, but the change in regulations by Cox has dealt a blow to market stability and, more importantly, Cox's failure to regulate properly and in a timely fashion has been a factor as well.
To show the extent of potential profits from illegal short selling, I paste in here an entry from an excellent website "Compliance Insights" (www.complianceinsights.com) which reveals the details of a recent SEC action in which two day traders, aided by a collusive brokerage house,
are alleged to have made over $2 billion in illegal profits over a one year period. Two guys, two billion, is just the tip of the iceberg of the illegal activity that plagues the markets. Add to this the increase in short selling because of derivatives, ETFs and futures, and you have a very unsafe market for traditional investors.
SEC Charges Day Traders in Short-Selling Scheme
"The SEC filed a civil injunctive action against 2 day-traders,
Robert Beardsley and George Lindenberg, who allegedly perpetrated
a manipulative short-selling scheme through brokerage accounts at a now defunct
B/D, Redwood Trading. In the complaint, the 2 engaged in a
manipulative scheme by repeatedly shorting securities in violation of the
then-existing "uptick" rule, with the intent to artificially depress
the prices of shares that they had sold short in order to enable them to cover
their positions at favorable prices. In a related civil injunctive
action, the SEC alleges that Dennis McNell, former CEO and COO of
Redwood, aided and abetted their scheme and, in an unrelated fraudulent scheme,
sought to hide substantial trading losses that he had incurred in a Redwood
prop account.
As part of their scheme, Beardsley and Lindenberg also
failed to mark their orders as short sales in order to create the false
appearance that their orders were long. McNell enabled the scheme by
disabling a feature of the trading software that was programmed to prevent
violations of the uptick rule. The two allegedly made $2.4bn in illicit
gains in less than a year. [SEC Litigation Release 20814, 11/19]"
Had they waited for the suspension of the uptick rule in July 2007, what they did would have been legal.
Cox's suspension of the uptick rule legalized previously illegal behavior.