Proving GameStop manipulation will be difficult for the SEC and others

The United States Securities and Exchange Commission will have a hard time proving that the recent rise in GameStop Corp’s share price. and others like it are the result of market manipulation.

Ticker Safety Last change Change %
GME GAMESTOP CORP 325.00 +131.40 + 67.87%

“One view is that there is intelligent manipulation by sinister manipulators,” said Professor of Columbia Law School, John Coffee, to FOX Business.

GameStop’s shares jumped on Friday and rose 1.545% since January 12, after a group of investors came together to squeeze the short sellers who increased their bets against the video game retailer to about 150% of the outstanding shares .

Other heavily sold names, including AMC Entertainment Holdings, Bed Bath & Beyond Inc. and BlackBerry Ltd., also saw disproportionate gains due to similar sales restrictions.

Ticker Safety Last change Change %
AMC AMC ENTERTAINMENT HOLDINGS INC 13.26 +4.63 + 53.65%
BBBY BED BATH & BEYOND INC. 35.33 +1.69 + 5.02%
BB BLACKBERRY LIMITED 14.10 -0.55 -3.75%

The idea of ​​launching a counterattack against these short sellers was linked to the WallStreetBets message board on the Reddit discussion site.

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“The other view is that Wall Street is being flooded and taken over by thousands of retail investors who are marching on Wall Street like French peasants during the French Revolution, carrying pitchforks,” he added. “They are inexperienced. They don’t know anything about investment, but they believe in the momentum and will continue to build something, thinking that it will last forever ”.

“The SEC said on Friday that it is monitoring developments and will” act to protect retail investors when the facts demonstrate abusive or manipulative commercial activity prohibited by federal securities laws. “

– US Securities & Exchange Commission, 1-29-21

The SEC said on Friday that it is monitoring developments and will “act to protect retail investors when the facts demonstrate abusive or manipulative commercial activity prohibited by federal securities laws”.

Proving manipulation is extremely difficult, according to Coffee.

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“The problem is to distinguish true believers who have not committed any crime from those people who are simply trying to force others to buy, to increase the stock because they want to squeeze out those sold,” he said.

To do this, regulators would have to find a technique or tactic used by those looking to manipulate the market, such as sending explosive emails to thousands of investors.

“There are many, many true believers,” said Coffee.

Retail investment has grown in popularity as more Americans have found time to monitor their investments while working from home during the COVID-19 pandemic.

Ticker Safety Last change Change %
SCHW CHARLES SCHWAB 51.54 -2.20 -4.09%

This environment led to a 50% increase in the number of families that carry out negotiations, according to Charles Schwab, who also owns TD Ameritrade. Many of them have little previous investment experience and, in the long run, may be the ones who suffer most from the consequences of what is happening at GameStop and other similar actions.

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“Placing barriers around this type of legal activity will hinder information flows to the market in the long run,” wrote Jennifer Schulp, director of financial regulation studies at the Cato Institute, a libertarian-minded think tank. “The increase in retail market share should be hailed as an opportunity for people to increase their wealth in the long run, especially when educated about the risks and rewards of investing.”

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