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UPDATE: See correction at bottom.

Word came cascading over the wires Wednesday that shareholders in yet another company whose stock is in the doldrums, Taser International (TASR), has filed a junk lawsuit against that all-purpose villain, the phantom menace known as naked short selling. Forty Taser shareholders are suing a bunch of Wall Street firms, which are responsible for the company's shares decreasing. Not Taser!

The suit was filed by the Texas law firm of John O'Quinn, who has filed a bunch of other junk lawsuits on the same subject and has yet to get a nickel from anybody. This is the same O'Quinn who told Dateline NBC that naked shorting has "put as many as a thousand companies into bankruptcy," resulting in "market losses of more than four hundred billion dollars."

O'Quinn said that back in 2005 (when I was writing Wall Street Versus America) and, since NBC didn't bother to do so, I called him to ask if he could name some of those companies. I'm still waiting patiently, hand on the phone, but he hasn't called back. Gee, you'd think that if there was even one such company, maybe he would say what it is. (Another lawyer in the O'Quinn anti-shorting legal consortium, Wes Christian, turned out to be a big seller of his clients' stocks.)

Taser has been a regular on the naked shorting conspiracy circuit for such a long time that I'm surprised we had to wait so long for this junk lawsuit. It is not an Overstock (OSTK)-style train wreck by any means, but its shares are down 50% year to date.

Correction: Taser is not a party to its shareholders' suit, as I erroneously said in an earlier version of this item! My apologies to Taser management for identifying them with the Baloney Brigade, which in my book is one of the worst things one can say about a company.

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This article has 34 comments.

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    You're probably right about the lawsuit being bogus although the SEC should clam down on some of the nonsense regarding naked shorting. However, but as far as drawing conclusions about valuation based on a lawsuit filing is kind of naive. I've never really understood this stock to begin with and TASR surely has had its accounting and legal issues, but from my perspective if a high level of force has to be used, be it in a military, law enforcement, or even civilian to civilian self-defense situation and you're on the receiving end of that force, would you rather be shot by a gun or a taser??? Something tells me the shorts are getting a little pigish on this one.
    2008 May 28 03:52 PM | Link |
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    *clam=clamp
    2008 May 28 03:53 PM | Link |
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    A little sleuthing on your part could uncover the companies listed in the lawsuit as a fact of public record
    2008 May 28 03:57 PM | Link |
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    Bad company? junk suit?? No way!! The truth is that taser has a legitimate case. we all know that stocks can be manipulated via short selling which is legal unless it is naked selling ,Selling short without actually borrowing the shares. Mad Money Cramers admission of his doing so while working at a hedge fund and his explanation of just how it was done was a good example of how this is common practice. And now that they have removed the uptick rule its easier for sort sellers to get into a position.This rule should be reinstated.
    2008 May 28 04:12 PM | Link |
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    Taser (the company) has reported record earnings & profits but is selling at a 52-week low. I think they definitely have a beef against naked shorting entities. The practice does go on and it definitely is affecting the stock. If you'd bother to research the company's fundamentals you'd see that is should be much higher based on simple valuation principles...especiall... compared to past performance and it's broadened product line!
    2008 May 28 04:17 PM | Link |
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    Don't have much use for garys comments on naked shorts, as he knows very well that naked shorts are bad for the market. If gary wants to do something productive he should write about the naked shorting problems in the market. Get a clue gary.
    2008 May 28 04:21 PM | Link |
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    share holders filed the lawsiut, not Taser. Hey Gary do your homework before reporting next time.
    2008 May 28 04:24 PM | Link |
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    gary, your comments concerning naked shorting should have been directed at the naked shorters or are you giving aid and comfort to the enemy.
    2008 May 28 04:26 PM | Link |
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    I hope the author is contributing his time and energy to writing such jibberish for free. If not, let me know what company and what dumbass within it authorized a payment for this nonsensical uninvestigated opinion. Then I could avoid ever seeing anything associated with the payor and payee again to avoid wasting my time.
    2008 May 28 04:26 PM | Link |
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    Nice job Gary. Looking at the comments that appear before mine I can identify almost all as known pumpers from Yahoo's TASR message board. Not surprising that they would try to spin reality into something other than reality.
    2008 May 28 04:48 PM | Link |
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    By the way......"phantom" ??? Why is there a Reg SHO???? A Threshold Security List?????
    2008 May 28 05:19 PM | Link |
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    How did they recieve your article gary?
    2008 May 28 05:24 PM | Link |
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    Wow...Gary's fans are just as ignorant as Gary......3/31/08 Operating Income was up over 400% YOY.
    2008 May 28 05:41 PM | Link |
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    Yep, Sales dropped from $31m to $22.4m last quarter and OI dropped from $7.2m to $1.5m , these are very bad results considering the R&D and SG&A still continues to climb, are they managing expenses at all?
    2008 May 28 05:45 PM | Link |
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    TASER International has not filed a lawsuit regarding Naked Shorting and this story needs an immediate retraction, please.

    Sincerely,
    Steve Tuttle
    Vice President of Communications
    TASER.com
    TASER International (NASDAQ: TASR)
    17800 N. 85th St., Scottsdale, AZ 85255
    2008 May 28 06:39 PM | Link |
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    REG SHO still has many holes.

    Why do stocks that have been off the easy to borrow list for longer than 13 consecutive settlement days still have phantom shares reported as being short? A couple stock examples of listed companies with more shares held than even have been issued (phantom shares) are mbi, ostk, spf (over 50% of float is short with 15.42% held by insiders and 119.5% held by institutions as of apr 25 08).

    My guess is that these rules are in place to protect the people, the firms and the hedge funds who are in the position to exploit this.
    2008 May 28 07:35 PM | Link |
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    You were so anxious to bash Taser, that you barely read the article about the lawsuit. AN APOLOGY AND RETRACTION BY YOU SHOULD BE ISSUED IMMEDIATELY.
    2008 May 28 07:55 PM | Link |
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    Hey, Gary - choking on your "baloney" bash? lol
    2008 May 28 08:00 PM | Link |
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    I've corrected my item and notified Seeking Alpha to pull or fix the one on this site. The editor has responded to my email, so that should be happening any moment, As indicated by the pond scum comments above, I've incorrectly associated this company with naked shorting nutjobs when in fact management was not a party to the suit.
    2008 May 29 12:48 AM | Link |
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    Sorry, I pushed the "publish" button too fast. And I apologize to Taser, as I did in the item, for associating their company with these sleazeballs and this junk lawsuit.
    2008 May 29 12:51 AM | Link |
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    what a piece of trash.
    2008 May 29 01:21 AM | Link |
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    Mr. Steve Tuttle, Vice President of Communications for Taser, I am a stock holder and I don't necessarily agree with the article, I think TASER it’s self should take much of blame here. Taser and its governing board is doing a TERRIBLE job managing its stock. I have come to the conclusion that this stock SUCKS!
    2008 May 29 02:19 AM | Link |
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    I will mention this on every blog (example clearstation)
    that i can find to expose you.
    2008 May 29 02:44 AM | Link |
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    The article is still showing on Yahoo. Further, I object to being called pond scum. You're the scummy one who published a false and defamatory article bashing Taser and calling it a bad company and then have the nerve to whine when put down for it. Pulling the article is insufficient. A written retraction is what was called for. YOU'VE BEEN TASERED, GARY!!!!!
    2008 May 29 08:06 AM | Link |
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    I again must keep coming back to the last quarter results, I think Gary has successfully managed to help Taser management cover up what can only be described as appalling results last quarter. The stock would have taken a dive anyway with results like this! The only way to resolve this is to improve the results and see if the stock continues to plummet. These smoke screen tactics and the blame culture must stop. As a stockholder i am very disappointed with these management tactics.
    2008 May 29 01:40 PM | Link |
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    Gary, I am very disappointed as a reader of Seeking Alpha, who previously turned here for trusted reporting, to find you have authored such an irresponsible article--both in terms of content, now that we know it was false, and also tone. Remember, somebody's retirement is invested in every stock out there, and to make a gleeful game of bashing is never the decent thing to do. Moreover, getting your facts so very wrong speaks volumes about the care with which you pursue your work. Perhaps you should not be so hasty to condemn the work of the people at Taser who, after all, are making a profit manufacutring an effective less-than-lethal alternative to deadly force.
    2008 May 29 02:11 PM | Link |
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    WEISS is in a state of de-nile
    2008 May 29 04:36 PM | Link |
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    Gary, what exactly makes Taser a "Bad Company"? They dominate a market that is growing quickly, their balance sheet is rock solid and they continue to aggressively grow sales, profits and cash flow while being 70-0 in Court defending their product with no competitors in sight. If that's a bad company - can you point out any other ones like this? I'm buying
    2008 May 29 09:43 PM | Link |
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    Companies with poor leadership/management such as TASR come and go short selling or not. Sure, TASR leadership has made some good PR moves and executed a few nice plays here and there -- all the while dumping their insider shares like hotcakes. TASR badly needs a competent management team that has enough faith in their own work that they are willing to put it all on the line? But, then again, this is America where the almighty greed rules - right Smith?
    2008 May 29 10:41 PM | Link |
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    Gary, Taser's suit isn't about NSS sales but any floor person on the exchange will tell you they control the flow of shares for an orderly market by pushing a button but have no idea just how many shares are available to control that market. It's all made up. It's a horrible system and needs to be controlled by someone one other then the wolfs that run it. When the SHO list has no one it for over 30 days, I'll believe. How you can't is other blind or paid off. Time to wake up and take responsiblity for your writing.
    2008 May 30 06:03 AM | Link |
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    Someone please educate me. How does someone make money when stocks fall in price? This makes no sense to me. What is short selling?
    2008 Jun 05 12:03 AM | Link |
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    Regardless of the retraction noted, why is this weeks old article showing again? What is the purpose of reposting an article that made false accusations against Taser? What you say, Gary?
    2008 Jun 06 12:46 PM | Link |
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    Gary is just a tick (tick – blood sucking insect). There is a much bigger problem than a tick. It’s encephalitis. It’s strange that nobody looked at, and did not commented the bigger picture. Why TASR went down in April? It’s because it was short of analysts’ expectations on 1Q earnings. A saw a lot of opinions that the expectations were too high, really behind any reasonable approach, and the performance of the company was really good in 1Q. Here is deal:
    1. Sell stocks short.
    2. Put too high expectations to guaranty that the company performance will be short of expectations.
    3. Take you short profit on stock that fell because it missed the too-high-expectations.
    Want more profit? Here is the 1(bis).
    1(bis). Sell stocks sooner. You know that the expectations will be set too high. There is nothing to be worried about.

    Really, I can understand why the stock was going down from 100E/p to 50E/p, but what about then?

    Paranoid fantasy? Look back:
    Dot Com - investment banks are found guilty on precooking of future growth of stocks before API;
    Enron – investment bunks are involved in many conspiracies in commodity and financial areas; California lost 40 billions dollars; burned retirements and investments);
    SUV – pointless, carbohydrates burning monsters; sold on hypertrophied ego and hysteria “I’m going to die”, yes, sure, it’ll turn over and you will die if you are lucky, other way you will be paralyzed for rest of your life, in worst case a person will die in 10 cents collision, where he has 100% chance to walk away by himself, if you drive a normal car; MY APOLOGY – I don’t have data that investment banks are involved in this one so let get to the next one.
    Housing - encouraging of unsupported borrowing; manipulations of financial instruments to hide the F-minus rate of the obligations, victorious bravura march “we did it” when lines to file bankruptcy are for month ahead.
    Oil – a great idea to recover pension funds; trillions of dollars replaced demand for consumption with demand for speculation; still covered; OPEC is too smart, they do not allow to balloon production of oil, and then to be left with no-body-need infrastructures and devastated ecology.

    Encephalitis? Make your opinion... Before it’s too late.

    Why TASR? It’s simple. Too many coyotes looking to make their day on the idea”s bones or, may be, to jump into the idea. It’s on the edge. One successful bite and every thing may go down the cliff. No matter of saved lives and medical recovery expenses of both police side and criminals.

    I just wonder why there is not any conclusive statistical and medical information in the press. It reminds me the story: Your guys fixed my computer and now the Internet explorer does not work. -When they fixed it ? - One week ago. -When the Internet explorer stopped to work? - Yesterday. –Then what the heck the fix has to the problem. Or another one. New Jersey increased speed limit at some sections of highways. Then they registered increase of accident rate. The idea was practically buried , but a scholar show the deputy that they are idiots. He asked to compare the sections with unchanged speed limit, and sections with increased speed limit during the same years. The sections with unchanged speed limit had higher increase of accident rate.

    Taser, show how many people can stay alive if they got shot with Taser instead of fire arm.

    Good luck John O'Quinn, and good luck Taser.
    2008 Jun 08 04:00 AM | Link |
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    I lost my kids college fund with this stock... Gary can you please test a taser?
    2008 Jun 10 12:54 PM | Link |