As all of you know, if somebody is dealing for too long with something, the danger is given, that one could miss something, which of course can have consequences on the outcome. Being constantly in doubt about ourselves - nobody is perfect - we decided to let somebody else do an extensive audit of the T/A list, dated December 2009 and which has been presented to the SEC and therefore, everybody had access to it. Now, the person we gave it to, is a student of mathematics and always keen to make some money to finance her study. She doesn,t know SPNG and of course we took the name from the T/A list. We just asked her a simple question: 1) Review the list and come back with questions and then we will tell you what we want to know. Well, after some days she came back and asked us, about the right colume - where one sees Numbers attached as she found out, that the same numbers come up 2-5 times. We of course explained to here, that those numbers present a code to trace a certificate from the 1th issuance through the life of the certification until to the cancellation date.(Like a birth certificate up to a death certificate) This was all she knew. Yesterday evening, she mailed to us her findings and gave us 3 numbers, behind each number some comments:
From 1 to 2 is a difference of 51 Mio shs.
From 2 to 3 is a difference of216 Mio shs.
In total from the highest to the lowest is a difference of 267 Mio shares. She could not find the key to them, we neither. However, this morning a light flashed: Some months ago SPNG filed an 8 K with an extension right to the company from RME were the figure of 267 Mio is mentioned. I don,t believe in coincidences.
The surprise for us was, that here findings diverged from our findings by about 528 Mio, which is rather large and would have asked for another run through the figures, however, her presentation actually comes to the 728 Mio figure, which of course is what SPNG always said. As she did not know anything about SPNG and therefore the quarrel about the O/S, for us her work must certainly be prior to our findings.
I just had in mind to let you know those findings even to risk, that we could have eggs all over the face, as at the latest on the 23.7.2010 the O/S count will have to be presented. But again, based on the list we reviewed, 3 billion, no way.
Malcolm...basically your accounting comes up with 2.2 billion or so shares that were issued by SPNG to RME but have not been retired as of yet...on the other hand, the SEC accountants are saying RME issued these unregistered shares via phony certs through various middlemen and profited immensely from it...so the bottom line is (1) either the shares are still with RME, them having repurchased these shares on the open market once the stock crashed late last summer, or (2) the M&M boys issued forged and unforged opinion letters and sold all 2.5 billion shares (as the SEC says below) either directly or through resellers and hundreds of millions of $ are stashed away somewhere waiting to be unearthed...
"Through RM Enterprises and other related entities who share a business address with RM Enterprises, Spongetech distributed approximately 2.5 Billion of its shares into the public market in unregistered transactions. Spongetech distributed shares through RM Enterprises and other affiliates, who in turn distributed the shares to specific beneficiaries using attorney opinion letters to remove the
restrictive legend from restricted shares that Spongetech transferred to RM Enterprises and other affiliates. Between June 24, 2009 and October 13, 2009, Spongetech distributed over 300 Million shares to Asset Management, AIT Capital, and Wesley Equities. AIT Capital, Asset Management, and Wesley Equities are wholly owned by RM Enterprises, their officers are Spongetech employees, and each entity maintains a corporate bank account at TD Bank. Between September 2007 and October 5, 2009, Spongetech distributed over 2.2 billion shares to RM Enterprises in 164 separate distributions."
"During July and August 2009, Acacia received 90,000,000 shares of SPNG stock from RME... Brokerage records show that Acacia sold 60,000,000 shares into the public market in July for $6,613,248.97 and sold 30,000,000 iin August for $3,375,000. Shortly after its sales of SPNG shares, Acacia deposited $4,832,250 by wire transfer directly to RME bank account in July 2009, and $3,375,000 in August 2009."
"As of October 13, 2009, based on transfer agent records i have reviewed, there were 2,999,984,950 authorized and outstanding shares of SPNG"
Excellent Malcolm............my questions....
1. Why did she come up with 3 sets of numbers?? Specifically which documents/file names was she using?
2. The 267M number looks magical!! Why did Mosko, Metter & lazauskas file form 3 with RME as 66Million shares??
I did my work, she did her work. At least all what we can say: Based on my work the O/S would be approx. 1.2 Billion, based on her work it could be 728 Mio. The problem I had - and she as well, there is rather a confusion on the CEDE side. But one thing is clear: If one goes through the list one has only one tool to track the beginning through the end with the code numbers attached. So either the attached code numbers are wrong - then of course she and I will be wrong as well, but then I have to ask, why presenting such a list to the SEC, which everybody taking the prudent time could prove wrong?
Malcolm, once again you have managed to top your own pathetic lows of stupidity.
"3 billion, no way."
HOW MANY TIMES (seriously, how many times) must you be told that according to the SEC, FBI, etc etc etc that the share count is well north of 2 BILLION?
Is there any circumstance in which you would accept the facts instead of continuing to indulge in fantasies?
Go... you are a typical representant of citizen, who believes, whatever comes from the government. If they tell you, - no increase in tax - you vote for it, just to realise, that the taxes have been increased. If they issue a statistic, you accept it, without question. Well in the Eastblock one had this kind of thinking, did not survive. Just because you have a list in front of your nose - and you have access to - it doesnt, mean, that the list is accurate. Why don,t you take off 2 days and analyse the list and then come back with your findings. You are a typical basher: Always yelling, but argument, to counter, no way.
Have seen this as well. Must have been an internal decision from UBS to stop trading SPNG. We have talked to dealers and they gave us various explanations. The most obvious one, imbalances on their books. Now here, we can open the door for speculation, which would not lead anywhere. But, based on experience I would say, clearing problems and this can have 2 meanings: Delayed settlement by counter-parties or not bought in positions.
I've already given proof positive of naked short selling in SPNG. The fact you refuse to acknowledge said criminal activity will not change the fact of the matter. SPNG has been abused by illegal and manipulative naked short selling.
To repeat: it would be impossible for broker dealers to comply with REG SHO when they're selling it short day after day after day after...
In other words, since the broker/dealer can only sell short when they're confident they can indeed locate enough shares to deliver them in time for settlement, it would be impossible to comply when heavy short selling occurs for more than 3 consecutive days.
If you look at the volume of REG SHO short sales in SPNG throughou the year, you can see the shares have been consistently and heavily shorted, with volume of short sales over 80% of total volume on some days.
For example, go into April 2010
As always, scroll down to ORF. Then just start with April 20th and begin checking every date through to the end of the month.
What you find is that on consecutive days from the 20th through the end of the month SPNG is being shorted with the volume of short sales running over 50% of total volume. Incidentally, there are a total of 9 consecutive trading days from April 20 through April 30. And there are only 3 days until trades settle - T+3. Therefore, by shorting the stock every single day, the market makers, broker/dealers have already violated REG SHO and failed to comply with the requirement to locate and deliver the shares for settlement. In other words, the math just doesn't work. Even if the volume of short sales didn't run over 50% of the total, the BD, by shorting every single day, they automatically create a settlement violation and Fail to Deliver problem.
If the BD' excuse is "normal market making activity," then they're guilty of price manipulation by squelching legitimate accumulation by meeting the buyer's demand with counterfeit shares.
And IMO, this is the more serious violation, which has been further compounded by the SEC's and FINRA's failure, and indeed refusal to enforce these rules.
But guess what, the consecutive days short selling didn't begin with April 20 and then end April 30.
By my calculation, there may be over one billion shares in the FTD status.
Get with it FINRA and SEC. It's your data referenced so either enforce the rules or offer proof these short shares were eventual delivered for settlement. And if you're going to enforce the rules by going after SPNG, M&M, then go after the short and distorts too because they've done every bit as much harm to investors, and perhaps even more.