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SEC v. Murchinson Ltd. and Marc Bistricer and Paul Zogala (naked short selling debate, 2021)

Settled

Checked against the primary document on October 3, 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 August 2021 the Securities and Exchange Commission settled an administrative order with Murchinson, Marc Bistricer and Paul Zogala, finding they caused a hedge fund's brokers to mismark short sales as long and to sell without a locate. The relief is $7 million disgorgement, $1,078,183 interest and $900,000 in penalties.

The record

Structured fields for this action, as recorded in our case library.
Agency SEC
Release number 34-92684
Date filed 2021-08-17
Date resolved 2021-08-17
Status settled
Asset class equities
Venue Nasdaq
Criminal parallel No
Defendants Murchinson Ltd. (entity) ; Marc Bistricer (individual) ; Paul Zogala (individual)
Cited as charged or alleged Exchange Act s.15(a) ; 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
$900k
Disgorgement
$7m
Prejudgment interest
$1.1m
Total relief
$9m
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

The Securities and Exchange Commission announced this matter on August 17, 2021 as release 34-92684. The respondents named are Murchinson Ltd., Marc Bistricer and Paul Zogala (2 individuals, 1 entity).

This library tags the matter as naked short selling debate, based on the conduct the regulator describes. Each tag links to a page explaining how that technique works, what statute it engages, and what penalties comparable actions have attracted. The tagging is ours, not the regulator's: agencies charge statutory provisions, not technique names.

The relief recorded in our data combines the respondents: disgorgement of $7,000,000 and interest of $1,078,183 payable jointly and severally, and penalties of $800,000 (Murchinson), $75,000 (Bistricer) and $25,000 (Zogala).

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. 2021-08-17 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.