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Sat, Mar 20, 2010 - 07:15 PM EDT  —  AAPL: 222.2499 (-2.4001, -1.07%)  |  NASDAQ: 2374.41 (-16.87, -0.71%)

CNBC’s Jim Goldman: Apple, Steve Jobs, and the case for bringing back the Uptick Rule
Wednesday, December 17, 2008 - 04:15 PM EDT

"Short of the long list of shorts out there in Apple Inc. stock, I don't think anyone would argue about what seems to be a year's worth of heavy market manipulation surrounding this company," jim Goldman writes for CNBC.

"And following the massive amount of media attention lavished on Steve Jobs' and Apple's decision to back out of Macworld, I thought I'd address another related topic: What could become a grassroots campaign to bring back the so-called Uptick Rule," Goldman writes.

"The Apple-centric blog MacDailyNews.com has taken the lead in putting forth the idea that the time has come to take drastic action to prevent even more manipulation than already's gone on Apple shares. The blog says, 'There's only so much Apple shareholders can take,'" Goldman writes.

"MacDailyNews points to an almost incompetent Securities and Exchange Commission (I direct you to a number of horrific financial fiascoes over the past several years, like Enron, WorldCom and now Bernie Madoff) as a reason why regulations need to be put back in place to protect the little guy," Goldman writes.

"The fact is, posting 'gaunt,' or 'frail,' or 'Steve Jobs is ill' is the financial equivalent of yelling fire in a crowded movie house," Goldman writes. "And if that kind of thing is going to be tolerated, government should step in and either investigate the manipulators, or bring back the Uptick Rule."

There's much more in the full article - which we obviously highly recommend - here.

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Dec 17, 08 - 05:22 pm Comment from: jtc

What is the Uptick rule?

Dec 17, 08 - 05:25 pm Comment from: Run Bernie RUN!!

Of course Apple's stock is being manipulated.

Right now it's being driven down on the same fears, that Apple can't be run effectively without Steve Jobs at the helm. And for good reason, knowing Apple's history only Steve Jobs has been able to stand up to the onslaught of Microsoft and cheap Windows PC's.

A recession means slowing Apple sales, not just for Apple, but for all. More so for pricier brands like Apple.

This is why at MacWorld we will see a lineup of LOWER COST APPLE PRODUCTS!!

The shock and awe will drive the stock higher and the manipulators will gain even more profit.

So don't buy the manipulation, buy low and wait. The least that will happen is you'll break even.

That's my opinion anyway.

Dec 17, 08 - 05:27 pm Comment from: Run Bernie RUN!!

What is the Uptick rule?

Wikipedia is your friend.

http://en.wikipedia.org/wiki/Uptick_rule

Dec 17, 08 - 05:29 pm Comment from: Broker

MacDailyNews is right!

Without the uptick rule in place, short sellers are devaluing perfectly solid stocks like Apple (AAPL) by frequently using Job's health history against the company.

Kudos to MDN for encouraging this discussion!

Bring back the Uptick Rule!!!

Dec 17, 08 - 05:34 pm Comment from: Jeremy

I read the wiki article on the uptick rule and I still don't get it.

Anyone with a *talent* for explanation (as opposed to whomever wrote the wiki drek), want to take a shot?

Dec 17, 08 - 05:38 pm Comment from: Passerby

"A recession means slowing Apple sales, not just for Apple, but for all. More so for pricier brands like Apple."

Actually, no. Recessions hurt cheaper brands proportionately more than more expensive brands as recessions hurt the customers of cheaper brands proportionately more than the customers of more expensive brands.

Dec 17, 08 - 05:42 pm Comment from: Crazylegs

The SEC is a f*cking joke. Chris Cox should be hung for treason.

Dec 17, 08 - 05:46 pm Comment from: Mugsy

The uptick rule is a former rule established by the SEC (Securities and Exchange Commission) that requires that every short sale (see link below) transaction be entered at a price that is higher than the price of the previous trade. This rule was introduced in the Securities Exchange Act of 1934 as Rule 10a-1. The uptick rule prevents short sellers from adding to the downward momentum when the price of an asset is already experiencing sharp declines. The SEC eliminated the rule on July 6, 2007.

http://www.sec.gov/answers/shortsale.htm


Google is your search friend, except when they log your searches/IP address and monitor your viewed websites using Safari's anti-malware/phishing filter. (turn off in preferences)

Dec 17, 08 - 05:46 pm Comment from: TiredOfIt

Can't wait till someone follows the hush money back to.....Oh, I don't know

Dec 17, 08 - 05:46 pm Comment from: ericdano

Cramer has been yelling for the Uptick rule to be reinstated as well. Chris Cox also won the Plaxi award last night too. Cramer is my other God, my main God is still THE STEVE.

Dec 17, 08 - 05:48 pm Comment from: DanielM

They should bring back the Uptick Rule and President Elect Obama should appoint Senator McCain as the Uptick Ruler.

Now.

And perhaps we should open a GTMO health spa for guys like Madoff. Only this time build it on the Thule Air Base. We wouldn't want them to get sun stroke.

Dec 17, 08 - 05:55 pm Comment from: Pete

@Run Bernie RUN!!

"This is why at MacWorld we will see a lineup of LOWER COST APPLE PRODUCTS!!"

Please be careful to state that this is your opinion or speculation. Otherwise you are no better than those who yell fire in a crowded theatre.

These worthless analysts are either hyping the company with rumors of non-existing products or "reports" of slow sales or insinuations of the demise of the CEO. And no one holds them accountable for their irresponsible calls.

Dec 17, 08 - 05:55 pm Comment from: Macintosher

No doubt Steve will find a way to calm all of this down.

If he's still alive.

Which one presumes he is.

Which one hopes he is.

Dec 17, 08 - 05:56 pm Comment from: Nah!

Jim Cramer for SEC Chairman!!

He wants the job and is crazy enough to gets things done!!

No influence peddling by "insiders" like Bernie Madoff Family.

$$50 billion and Bernie didn't have exit plan to retire in peace and comfort?

I guess if you steal 50 billion smackers, the planet Earth isn't big enough to hide in.

Well he only stole from the rich, so he's a Robin Hood in my eyes.

Dec 17, 08 - 06:37 pm Comment from: CourtJester

The stock market has long ceased to be an investors market and has transformed itself into the bosom friend of the corporate speculator and share price manipulator. A kind of mutual supporters club driven by greed all like sharks in a feeding frenzy.

The rules favour not the individual investor so much as the hedge fund managers and securities traders. Time it all stopped and began to represent true value, not hype and rumour.

Dec 17, 08 - 06:40 pm Comment from: 84 Mac Guy

Congrats MDN. With Goldman's article looks like you might have started a snowball down the hill. Hopefully, it will turn into an avalanche that buries the crooks manipulating the market and Apple stock.

Dec 17, 08 - 06:41 pm Comment from: CourtJester

@Nah!

Robin Hood gave to the poor.

If you have evidence that Madoff has followed this tradition do tell the FBI.

Dec 17, 08 - 06:44 pm Comment from: blucaso

Nah! - didn't I tell you - don't ever go against the family! - Michael

Dec 17, 08 - 08:07 pm Comment from: Darkness

I think it's pretty clear there are going to be sweeping changes to SEC rules with the new administration. For starters all of the depression-era changes that were lifted in the late '90's will be brought back. By June I suspect. Including the uptick rule.

Now, let's see what happens here...

Dec 17, 08 - 08:26 pm Comment from: ralph from berlin

while you are at it: why nor prohibite short selling all together? short selling is the root of all the mess we are in. if you own a stock you can sell it any time you want or you can buy it any time you want. there is no need for short selling in a stockmarket. short selling is only a mean of manipulation, stop it now!

Dec 17, 08 - 10:08 pm Comment from: theloniousMac

@CourtJester

Robin Hood was a thief.

Dec 18, 08 - 12:34 am Comment from: Heavy manipulation?

Jim fell short!!

Extra extra heavy!

Dec 18, 08 - 12:34 am Comment from: yet another steve

For a stock like AAPL, shorts without an uptick rule just add volatility. But volatility can also be your friend. Shorts actually have more risk than longs especially for a stock like AAPL. AAPL has solid growing profits, ridiculously positive cash flow, and plenty of cash in the bank. Unlike a financial company, or simply a company that needs to refinance its debt, Apple needs NOTHING from financial markets. They can't put it out of business or, in fact, case one fewer iPod to be sold.

The shorts are your friends. Let them overshoot to the downside so you can buy the stock cheaper. Then when they're wrong about the business, the stock will eventually rise anyway, and they'll have to cover, making it more volatile on the upside.

Shorts are our friends my friends. Just make sure you have a 2 year or longer horizon... and realize they may make the stock stupidly cheap. So wait for it.

Companies that rely on financial markets for capital can be shorted out of business--the depressed stock price can feedback and actually hurt the business. But Apple has generated (and continues to generate) more capital than it has a clue what to do with. The shorts are getting greedy and will get burned. They can run out of margin and lose their entire position (can't happen to a long not on margin.)

Patience.

Now it's tough to find a bottom in this market because 2009 is so murky. But that's the economy not the shorts.

Apple will be even stronger and making more bank by 2010 no matter what. And the stock will be $150-$250.

How do you think we hit $200? The shorts were on the run and had to cover. It'll happen again.

Dec 18, 08 - 08:37 am Comment from: Cubert

MDN getting its props on CNBC!

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