It's also difficult to prove exactly how big a problem naked
short selling is, and how much it played into our current economic
problems. I'm not saying that it isn't a bad thing. I'm just saying
that I've never seen a convincing case that it has widespread,
terrible effects. Usually the arguments I've seen are offered by
some guy whose publicly-traded company started failing, and started
to see their stocks getting shorted (which is perfectly
legitimate). We can't blame all of this on phantom trading.
UPDATE: Then I run across Andrew Cuomo's
promise to "probe" short selling, and I'm reminded of Ted
Frank's piece on prosecutorial zeal in our July/August issue. Every
phone call from every hedge fund is going to get scrutinized, all
because politically ambitious prosecutors have got to "do
something."
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Trade