On September 19, the SEC suspended short selling for 799 financial companies to “protect the integrity and quality of the securities market and strengthen investor confidence“. Since then the Dow has lost 165 points. The ban ends tomorrow.

Eric Roseman says the legislation targets the wrong traders. Short sellers make the market more transparent. By blocking them, the SEC is violating the free market.

The ban has so far failed to stabilize the markets. Don’t be surprised if the government now moves to target other safe havens such as gold and offshore accounts. Eric recommends investors move quickly to secure their assets in European strongholds like Switzerland and Liechtenstein.

This from The Sovereign Society:

By targeting and banning short-sellers, the SEC is barking up the wrong tree and removing one of the last market-based sanctuaries in a dreadful year for financial assets.

This legislation won’t help the markets. In fact, it will ultimately create a new round of broad-based selling when the SEC finally lifts the bans.

This isn’t the first time a country has banned short selling.

Recently in June 2007, Pakistan banned short-selling practices. Now, just 15 months later, the market in Karachi is down by another third, so that obviously didn’t work.

England also banned short-selling in the 17th century following the collapse of the Dutch tulip mania. That effort also failed to calm the markets.

The SEC’s ban on financial stock short-selling is primarily why global stocks posted huge gains last Thursday and Friday. Short-sellers scrambled to cover their bearish bets or were forced to buy back the same stocks they were betting would continue declining.

This classic “short squeeze” won’t help alleviate market sentiment and points blame to the wrong segment of the market. If a company or sector should be valued at a lower multiple, then the government shouldn’t interfere in a free market. This response will only delay another day of reckoning as banks face mounting losses on traditional lending practices, including credit cards, auto loans, and other facets of lending.

We Short Because It Makes the System More Honest

Short-selling means you’re borrowing shares because you anticipate selling them in the future at a lower price. It allows you to be bearish on stocks that you don’t own. From a practical standpoint, short-selling also creates truth in an otherwise corrupt marketplace where some companies dodge accounting rules and fudge their books to hide losses.

The latest salvo fired at short-sellers this month targets the wrong group of traders. These short-sellers actually help to create liquidity in the markets and stem market bubbles.

Short-sellers try to honestly target aggressive accounting practices. And more often than not, these traders help create balance in an otherwise heavily manipulated market.

Short-sellers are also racking up the best returns in 2008 among diversified hedge fund strategies. By some accounts, short-sellers have gained more than 10% this year through August and they’re up 12.5% over the last 12 months. In September, estimates point to another 5% gain for this group, while traditional equity benchmarks have crashed by about a quarter.

One of the more respected short-selling specialist firms – Kynikos Associates in the United States – was one of the first firms to isolate questionable accounting at Enron. As I’m sure you heard, Enron CEOs were either prosecuted or heavily fined and will never be allowed to manage a public company again.

SEC Downgraded to Junk – Thanks to Chris Cox

SEC Chairman Christopher Cox has finally awakened from a deep sleep that lasted 13 months. Presidential candidate, John McCain, publicly denounced Cox last week claiming the first thing he would do if elected this fall is fire Chris Cox. I agree.

The SEC was literally asleep at the wheel until July. They were doing absolutely nothing to police aggressive accounting by financial company CEOs. And they did nothing to warn investors about suspicious accounting, aggressive sales practices involving mortgage-backed securities, or the bubble that inflated among mortgage offerings.

The other high-risk, dangerous securities, including collateralized debt obligations (CDOs), credit default swaps (CDSs), and other credit derivatives are not even regulated, let alone scrutinized by the SEC.

What was the SEC doing all this time as financial markets were hemorrhaging?

Instead of doing its job ensuring that U.S. capital markets are properly regulated, the SEC is now pointing fingers to short-sellers and blaming this highly skilled group of traders and analysts for the markets’ crash earlier last week.

Yet Cox, in a public statement earlier in his tenure claimed, “We need the shorts in the market for balance so we don’t have bubbles.”

Shorting Is American as Apple Pie

By banning short selling the government is effectively saying that it’s trying to determine where stock prices should settle. That’s not what a free market is about. This response damages the credibility of the free market system and ultimately suppresses the true value of an entity.

If the SEC and other governments can ban short-selling, then one has to wonder which segment of the market is next to face regulation or restrictions…

Is Gold Next?

In 1933, under Executive Order 6102, FDR confiscated gold ownership. Under extreme market circumstances governments can impose extraordinary measures that usually do not benefit the poor, unsuspecting investor.

The current financial crisis in the United States is the worst since the Great Depression and might warrant other measures that confiscate foreign currencies, precious metals, or other international assets and securities. Anything is possible.

As this crisis eventually fades or possibly gets worse, investors should use the offshore private bank account window before it closes. It’s still legal to move money to Europe. The best destinations for asset protection remain Switzerland, Liechtenstein, and Austria.

Having some gold stored in these European countries is a powerful safe-haven strategy amid extreme economic circumstances. It will give you the high margin of safety you’ll need to protect yourself from the next financial debacle.

PS: If you want to learn more about the threats to your deposits or how to move your money offshore, read on here.

Source: Banning Shorts Works in Fancy Restaurants… Not the Marketplace