One of the great episodes of The Simpsons follows Homer as he
comes to realize that not all Springfield citizens are treated
equally.
The difference, Homer eventually discovers, is membership in a
secret society known as the Stonecutters. Once on the inside, Homer
is delighted to find his new affiliation subjects him to an
enviable set of alternate rules.
Obviously, this is parody, but it succeeds because it’s
based on a truth to which we can all relate: the belief that status
bestows disproportionate advantage upon a privileged few – up
to and including license to engage in illegal behavior.
Homer and the Stonecutters immediately came to mind
upon learning that, from 2005 through 2009, Deutsche Bank
(NYSE:DB)
selectively disabled a system intended to block customers’
short sale orders when placed without valid locates, while the
Fidelity-affiliated National Financial Securities (NFS) achieved
the same end by creating an entirely separate system for certain
customers disinterested in compliance with the rules governing how
the rest of us can trade.
Shorting shares that have neither been borrowed nor, at a
minimum, located for eventual borrowing, is an illegal and
manipulative practice and the essence of naked short selling; and
yet, Deutsche Bank and NFS decided certain customers were entitled
to do it.
Back in 2006, small-time hedge fund manager Jeff Matthews
announced he doubted naked shorting was possible because he
didn’t know how to do it. In reality, the thing Matthews
didn’t know (possibly to his credit) was the secret knock
used to gain entrance to the mega-hedge fund speakeasy, where the
real debauchery goes on.
Why should Matthews and others be excluded?
The better question is: why should…