June 19, 2009
As a great many of the comments already posted cite concerns about manipulative and abusive short selling, I would urge the SEC to thoroughly examine the trading activity surrounding the massive short position that has been accumulated in Sirius XM Satellite Radio (SIRI). This short position totalled 175,742,764 shares as of May 29, having increased by 28,384,065 shares in the two week interval from May 15 through 29 while trading held within a band of one cent (from .34 to .35 approximately 80% of the time through that interval). There is simply no plausible way this massive volume of shorting could be contained within such a narrow and steady band without the coordinated efforts of a conspiratorial strategy carried out by several institutions designed to keep sustained and artificial pressure on this company and stock. For this reason, I believe the situation in SIRI presents a unique opportunity for the SEC to treat this as a litmus test while evaluating all aspects of the current regulatory framework pertaining to short selling, with particular focus on the ability to mount sustained pressure of an artificial nature in the absence of the uptick rule. In addition, the situation in SIRI strongly suggests violation of the regulations pertaining to "naked" short sales, which should also be the subject of your close examination.