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During the present economic crisis, the American public has been pelted with terms like "credit default swap" and "naked shorting," which are enough to make one throw one's arms up in despair, but for the fact that one's arms are already up in despair. It's that sort of year. So, here's an attempt at getting to the definition of naked shorting in a manageable way, with the help of the Internet.

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Naked short sellingor naked shortingis the practice of selling a stock short without first borrowing the shares or ensuring that the shares can be borrowed. It has been illegal in the United States sincewith an exemption for bona-fide market makers intended to increase liquidity and stabilize markets. For a more detailed treatment, see Short finance.

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The Salt Lake City online retailer, whose Chief Executive Patrick Byrne has been crusading against stock market trading abuses not just in Overstock shares but as a broad, pervasive market problem, said the banks' actions caused "dramatic distortions" in how Overstock shares were traded and lead to a dramatic decline in its price. Overstock's lawsuit says the amount of stock that was improperly shorted has exceeded the company's entire supply of outstanding shares. None of the defendants had any immediate comment on the suit.

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A short sale is generally the sale of a stock you do not own or that you will borrow for delivery. If the price of the stock drops, short sellers buy the stock at the lower price and make a profit. If the price of the stock rises, short sellers will incur a loss.

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If you're already trading naked short options without much thought about risk or probabilities, here are a few pointers papa would be proud of. Shorting options always sounds tempting, if for no other reason than the allure of getting something for nothing—or shall we say, profiting from the passage of time, rather than speculating on direction. If nothing happens, the option you sold has less value today than it did yesterday, and will have less value tomorrow than today.

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In a "naked" short sale, the seller does not borrow or arrange to borrow the securities in time to make delivery to the buyer within the standard three-day settlement period. As a result, the seller fails to deliver securities to the buyer when delivery is due known as a "failure to deliver" or "fail". Failures to deliver may result from either a short or a long sale.

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In some circles, those are fighting words. There are companies that blame all their problems on that kind of trading, which is illegal if it is intended to manipulate the market. There are claims that it has destroyed thousands of public companies, although those making the claims have trouble naming any such companies.

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Naked shorting is the illegal practice of short selling shares that have not been affirmatively determined to exist. Ordinarily, traders must borrow a stock, or determine that it can be borrowed, before they sell it short. So naked shorting refers to short pressure on a stock that may be larger than the tradable shares in the market. Despite being made illegal after the financial crisis, naked shorting continues to happen because of loopholes in rules and discrepancies between paper and electronic trading systems.

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Last week, when I wrote about naked short sellers and Regulation SHO, I suggested none too subtly that the new rules seem to deal pretty lightly with any bad guys operating outside the law. If the Securities and Exchange Commission is acknowledging a problem, as it seems to be, then Reg SHO seems like a pretty weak tool for controlling it. But that was last week's subject.

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