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SEC v. Biltmore International Corporation (naked short selling debate, 2020)

Settled

Checked against the primary document on October 2, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, with sampled and disputed records read a second time. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.

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In 2020 the SEC settled an administrative order against Biltmore International Corporation for short sales without a locate under Regulation SHO and for failing to report suspicious activity, with a $125,000 penalty.

The record

Structured fields for this action, as recorded in our case library.
Agency SEC
Release number 34-88744
Date filed 2020-04-24
Date resolved 2020-04-24
Status settled
Asset class equities
Venue Nasdaq
Criminal parallel No
Defendants Biltmore International Corporation (entity)
Cited as charged or alleged Regulation SHO (Rules 203 and 204) (statutes and rules cited in the document; not a finding that they were violated)
Techniques The naked short selling debate

What was ordered

Civil penalty
$125k
Disgorgement
—
Prejudgment interest
—
Total relief
$125k
Alleged gain
—

A dash means the release did not state a figure we could extract, not that the figure is zero. Penalty and disgorgement are stored separately so aggregates across the library do not double-count the same dollars.

What is alleged to have happened

On April 24, 2020 the SEC accepted a settlement with Biltmore International Corporation, a broker-dealer that facilitated sales of thinly traded penny stocks for two other broker-dealers. The order finds two violations: from November 2016 to October 2017 Biltmore executed thousands of short sales without locating shares as Regulation SHO Rule 203(b)(1) requires, and it failed to file suspicious activity reports on trading that showed red flags. It imposes a censure and a $125,000 penalty.

Unregistered distributions appear only as red flags in Biltmore's own anti-money-laundering policy and as background on issuers. The order finds no Section 5 violation, so that tag has been removed.

This library tags the matter as naked short selling debate, based on the conduct the document describes. The tagging is ours, not the regulator's: agencies charge statutory provisions, not technique names.

For the regulator's own account of the facts, read the primary document linked above. This page deliberately summarises the structured record rather than reproducing the release.

What technique is this, and how does it work?

This action is tagged with one technique in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.

Timeline

  1. 2020-04-24 Administrative proceeding instituted (cease-and-desist)

Primary documents

Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.

The linked release is a work of the United States government and is not subject to copyright. Our summary and narrative above are our own writing.

Other actions in the library sharing at least one technique tag with this one.

Action Agency Filed Technique Penalty Status
SEC v. Robinhood Financial LLC and Robinhood Securities, LLC (naked short selling debate, 2025) SEC 2025-01-13 Naked Short Selling Debate $45m settled
SEC v. Maxim Group, LLC (naked short selling debate, 2023) SEC 2023-09-29 Naked Short Selling Debate $800k settled
SEC v. Simplex Trading, LLC (naked short selling debate, 2023) SEC 2023-09-11 Naked Short Selling Debate $200k settled
SEC v. Hal D. Mintz and Sabby Management LLC (naked short selling debate, 2023) SEC 2023-06-14 Naked Short Selling Debate — filed
ASIC bans former fund manager for naked short selling (2023) ASIC 2023-05-22 Naked Short Selling Debate — judgment
SEC v. IMC Chicago, LLC (naked short selling debate, 2022) SEC 2022-08-12 Naked Short Selling Debate $125k settled

Record added September 10, 2026. submit a correction.