The Naked Truth: Examining Prevailing Practices in Short Sales and the Resultant Voter Disenfranchisement ROBE R T BR OOKS AND CLAY M. MOFFETT FORMAT ANY ROBE R T BR OOKS iterature on short-selling activity due to the costs associated with shorting is Wallace D. Malone, Jr. is a common topic for financial, stocks, thusIN leaving only optimistic investors Endowed Chair of Finan- economic, accounting, and legal and the resulting inflated asset prices; and cial Management in the Department of Finance, authors and has been since the very second, that there are a number of short sales Lfirst journals were established (De la Vega constraints that reduce or limit the number of University of Alabama in Tuscaloosa, AL. [1688]). Short sales occur when a shareholder short sellers. These constraints include:
[email protected] sells a share of stock he does not own (by bor-ARTICLE rowing shares), and only later acquires them, • Borrowing costs. The shorter has to be CLAY M. MOFFETT which then closes out the transaction. In so able to borrow and provide securities to is an assistant professor in the Department of doing, there may be various borrowingTHIS costs the purchaser of shares. The proceeds Finance, University of associated with the transaction. The short are then retained by the broker serving North Carolina, seller profits from the transaction if the share as collateral for the securities lender. Wilmington, NC. price declines more than the all-in costs of The interest that is paid is theoreti-
[email protected] the transaction by the time he closes out the cally paid to the lender, who then must transaction.