When you look into how "Short Selling" actually works, and the laws and selective enforcement around them, you understand that the entire market is completely rigged by design.

However, the most important point is that the "rigging" isn't random.

If you understand how this works, you exploit it, and if you don't understand how it works, you get wrecked. Just ask the Bitcoin miners MARA and Cleanspark (more context below).

How price is suppressed in practice (legal/grey mechanics):

- Locate, not pre-borrow: Broker attests shares are "available"; in practice, this allows aggressive entry before borrow is secured.

* A "locate" is just your broker saying shares should be borrowable, so you can place the short immediately - even though the borrow isn’t locked - which speeds entry but may risk a forced buy-in if the shares can’t be secured later (depending on who you are).

- Market-maker exemptions: Hedging and "bona fide" market-making carve-outs tolerate temporary FTDs (Failure to Deliver); penalties are modest vs. profits.

* Failure to deliver (FTD) refers to a situation where one party in a trading contract doesn't deliver on their obligation.

* E.g. the seller (the party with a short position) does not own all or any of the underlying assets required at settlement, and so cannot make the delivery.

- Rehypothecation & reuse: The same share supports multiple economic shorts through chains of lending; beneficial owners are paid, but float is effectively multiplied.

- Derivatives "synthetics": Puts + short calls (reverse conversions), total-return swaps, and forwards create short exposure without printed short interest; can also manage FTD optics.

* You can get the same payoff as being short - without borrowing shares or showing up in reported short interest - by using "synthetics" like buying puts + selling calls (reverse conversion), total-return swaps, or forwards, which also helps sidestep ugly FTD (failure to deliver) optics.

- Internalization/dark pools: A large fraction of retail buy flow never hits lit books; price discovery blunts, capping momentum.

* When retail buy orders get filled off-exchange (internalizers/dark pools), they don’t lift the public order book, so the visible price doesn’t pop as much - blunting rallies and capping momentum, which helps shorts hold their ground.

- Ex-clearing netting: Bilateral/prime-to-prime arrangements can delay visibility of genuine settlement stress.

* When prime brokers net trades bilaterally outside the central clearinghouse, fails and margin holes can be masked or delayed, so real settlement stress doesn't show up on the public tape until later.

So why did I say that the market is "rigged by design"? Well because the scams around Short-Selling would be very easy to fix with:

- True pre-borrow regime with real-time public borrowing tape; FTDs (failure to deliver) collapse and short interest tracks borrow one-for-one.

- Kill of market-maker FTD exemptions and options-based "stock substitute" carve-outs then reverse-conversion volumes plunge.

- Centralized securities-lending CCP with public transparency on lendable, on-loan, and reuse - and enforcement with teeth.

- Lit-market share dominance (far less internalization) with narrow spreads still intact.

The architecture isn't "broken", it's tuned.

Elastic short supply and selective enforcement are features that let the Controllers stabilize optics, steer capital, and discipline outliers - without overt bans.

Price can rise in spite of that, but you should assume the default is containment, and plan your instruments and timing accordingly.

So the main investment implication is:

Prefer state-embedded companies - they're policy-aligned and rarely targeted by suppression; their demand is programmatic.

If a company threatens policy levers, index optics, or core rent streams, the Controllers (and their market-making/plumbing partners) have incentives to keep its equity "orderly" - i.e., downward-elastic via abundant, cheap short supply and opaque synthetics.

If a company is state-embedded (defense primes, identity/cloud rails, compliance vendors), persistent suppression is unlikely; those names are buffered because they are the rails.

So let's follow the suppression incentives by creating a scorecard where each company is scored 0–5 unless noted. Then sum 0–30.

- Policy friction (0–5): Does the business undermine monetary/identity/sanctions levers or embarrass policy? (Crypto rails, hard privacy, de-SWIFT, "shadow banking").

- Index optics risk (0–5): Would big inclusion (or relentless rallies) distort core benchmarks or "widows & orphans" products? My guess is MicroStrategy isn't getting into the S&P 500 index.

- Rail threat (0–5): Does adoption route around bank/KYC/app-store/payments choke-points?

- Retail mania sensitivity (0–5): Is it meme-prone (squeezes that stress clearing/settlement)?

- Clearinghouse/systemic risk (0–5): Could squeezes or gap moves threaten brokers/central counter-parties (high utilization, tight float, option crowding)?

- Data opacity & MM carve-outs (0–3): Is the name easy to short synthetically, with market-maker locate exemptions protecting "temporary" FTDs (Failures to Deliver)?

- Prime-broker rent (0–2): Is there rich, durable lending revenue (high borrow churn, reuse chains)?

Suppression Incentive Score (SIS) = sum of the 7 factors (0–30).

Here are some examples: (SIS = Suppression Incentive Score)

1) MicroStrategy (MSTR) - Bitcoin proxy.

- SIS: High (Policy 5, Index 5, Rail 3, Mania 3, Clearing 3, Opacity 2, PB rent 2 ≈ 23/30).

- Rationale: Bitcoin leverage on a corporate wrapper; explicit index-optics issue; easy to short synthetically through options/swaps.

🚨 REMINDER to self: Write specific post for MicroStrategy.

2) Chinese ADRs in sensitive tech (e.g., BABA, BIDU, BILI) - geo/NS risk.

- SIS: High (4/4/3/2/3/2/2 ≈ 20).

- Rationale: Policy headwinds both sides; recurring enforcement narratives; benchmark optics matter.

3) Highly speculative meme-beta names (e.g., GME/AMC during mania).

- SIS: High (2/5/1/5/5/2/2 ≈ 22).

- Rationale: Clearinghouse risk + retail mania; the Controllers prefer abundant short elasticity to keep order.

4) Fintechs that stress KYC rails (e.g., BKKT, MARA/CLSK Bitcoin miners when narrative runs).

- SIS: Medium-High (3/3/3/3/3/2/2 ≈ 19).

- Rationale: Policy narratives, energy scrutiny, and easy option synthetics.

If you look into Bitcoin mining stocks, you will see that while MARA/CLSK have been heavily suppressed by relentless shorting, the other mining companies who leaned into AI/HPC (aligned themselves with the government) have been allowed to run.

So basically everybody got the memo, other than MARA's CEO and Cleanspark's CEO.

And MARA's CEO Fred Thiel is the biggest kiss-ass when it comes to politicians, so how he didn't get the memo, I don't know 😂

Now, let's look at some examples of stocks are that unlikely to be suppressed with short-selling: (SIS = Suppression Incentive Score)

1) Defense primes: LMT, NOC, RTX, GD.

- SIS: Low (0/1/0/0/1/1/1 ≈ 4).

- Rationale: Budget-backed, procurement-entrenched; equities are policy instruments themselves.

2) Decision/identity/cloud rails: MSFT, ORCL, AMZN (AWS), GOOGL (Cloud).

- SIS: Low (0–1/1/1/0/1/2/1 ≈ 5–7).

- Rationale: Identity, compliance, and AI distribution; frequent buyers = governments & regulated enterprises.

3) Gov/defense IT & cyber integrators: PLTR, BAH, LDOS, ACN, PANW.

- SIS: Low-Medium (1/1/1/1/1/2/1 ≈ 8).

- Rationale: Valuation can draw shorts, but sustained suppression works against program outcomes.

4) Core rails in finance & payments: JPM, V, MA.

- SIS: Low (0/1/0/0/1/1/1 ≈ 4).

- Rationale: They are the choke-points; policy-aligned.

So, in summary - Quick red flags:

- Index gateway risk (S&P 500 committee optics).

- Bitcoin/crypto as core economic exposure.

- Prior meme history + thin float + high options participation.

- Sensitive geo/policy vectors (China tech, sanctions-adjacent).

- Anything that directly routes around ID/KYC choke-points.

If a company empowers parallel rails or embarrasses policy, the Controllers prefer abundant short elasticity so that the price remains "orderly".

If a company is a rail, it's the opposite - suppression is counterproductive.

This reinforces my State-embedded portfolio thesis from below.

The thesis concluded that owning Palantir and Microsoft is the closest you can get to owning a piece of the State.

Not investment advice. Just taking notes.

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Why I think that MicroStrategy's best days are behind it.

TLDR: before spot-Bitcoin ETFs existed, MicroStrategy (ticker MSTR) was a useful containment valve - a corporate proxy that soaked "number-go-up" demand inside regulated equity rails.

Post-ETF, the State's cleaner lane is ETF exposure (surveilled custody, halts, AP/MM plumbing) rather than a corporate that keeps removing coins from float.

MicroStrategy was very useful for the Controllers in the pre-Bitcoin ETF environment - it normalized holding Paper Bitcoin instead of holding your coins in self-custody.

However, the Controllers now prefer that you buy Bitcoin ETFs instead of MSTR.

Let's look at the Controllers’ incentives around MSTR:

- Pre-ETF (2020–2023/24): Let MSTR run as the de facto Bitcoin proxy; it channels retail/institutional risk into brokerage accounts and away from self-custody.

- Post-ETF (2024–): Prefer ETF rails (centralized custody; derivatives-anchored price discovery).

* A Bitcoin-dominant operating company accumulating more coins creates supply withdrawal you can't easily nudge.

* Keep it out of the S&P 500 to avoid importing crypto beta into the core benchmark; allow Nasdaq-100/QQQ because it’s rules-based and already tech-volatile.

* For context, 5 days ago MicroStrategy was denied S&P 500 entry, even though it meets all the requirements.

* MicroStrategy is included in the QQQ index which is rules-based, whereas S&P 500 inclusion is committee-discretionary (subjective).

- Committees and boards don't want a corporate balance-sheet Bitcoin fund inside widows-&-orphans benchmarks. That's why Robinhood/AppLovin/Emcor got the S&P nod instead of MSTR.

* In other words, the S&P index gatekeepers didn’t want a de-facto Bitcoin proxy (MicroStrategy’s balance sheet) inside a core benchmark.

- Reflexivity brake: In July '25 MSTR said it won't issue common stock below ~2.5× "mNAV" (the ratio that compares the company's market capitalization to the value of their Bitcoin holdings).

* So unless the equity premium widens, they buy less Bitcoin with equity. That dampens the feedback loop that would otherwise tighten Bitcoin float.

* MSTR's MNAV is ~1.4 right now.

In other words, MSTR has now entered the short selling price-manipulation phase (more context in the post below).

With spot ETFs + CME futures, MSTR trades inside a tighter cross-asset box; options/swap "synthetics" and borrow supply cap squeeze dynamics.

MSTR has been roughly flat and its volume has been much lower since joining the Nasdaq-100/QQQ on Dec 23, 2024.

On Dec 23, 2024, MSTR price was at $332, its price today is ~$326.45 (it has had episodic spikes).

Saylor really wants to get a pass from the Controllers with his endless "Bitcoin is a store of value, not a medium of exchange" narratives, but it doesn't seem to me like he's getting one.

Another way he wants to get a pass from the Controllers is by masterfully dodging Proof-of-Reserves questions with lame excuses.

Imagine if MSTR normalized Proof-of-Reserves, then most, if not all Bitcoin treasury companies would have to play along.

What would falsify this theory:

- If S&P 500 later adds MSTR with no methodology tweak -> committee tolerance for Bitcoin-proxy risk rose (containment softening).

- If MSTR's ops mix re-grows (software cash flow matters; Bitcoin marks minority) -> "operating company" optics improve.

- If a G-7 adopts Bitcoin reserves -> the whole "ETF-only containment" thesis weakens.

But for now:

- Containment = steer flows to Bitcoin ETFs, not a reflexive BTC-hoarding corporate inside the core equity benchmark.

- Allow QQQ (rules-based) but keep the S&P gate shut.

- Let MSTR’s own issuance rule cap its Bitcoin absorption unless its premium expands.

The Controllers aren't fond of corporations that keep removing coins from float, they'd like you to buy the ETF and shut the fuck up 😂

Here is more context on the Bitcoin ETF era:

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Here is more context on how the Controllers suppress companies they don't like with magic short selling.

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Discussion

So basically you’re saying Saylor tried to play the big boys by pretending he’s one of them ideologically, but they called his bluff. Do you expect him to try to win the plebs favour at some point, or he’ll continue to dig his own grave by trying to appeal to authorities?

Got in @ $100 and out @ $410. That stock is cooked.

Great trade 👍️

Interesting.

I just read that:

"MicroStrategy, a major corporate holder of Bitcoin, is facing significant risks regarding its stock's inclusion in major equity indices. JPMorgan has issued warnings that the company may be removed from indices like the MSCI USA Index due to its high percentage of digital asset holdings."

About 2 months ago, MicroStrategy was denied S&P 500 entry, even though it met all the requirements.

This was a major red flag.

I wrote about this in my "Why MicroStrategy's best days are behind it & Saylor's role in Bitcoin" article ( https://controlplanecapital.com/p/why-microstrategys-best-days-are ).

And I wrote about my 12-24m odds.

Ideally, people would just buy spot Bitcoin and self-custody.

Holding MSTR or a Bitcoin ETF is kind of like owning a picture of a gun instead of a gun.

MSTR has been beaten up a lot since I wrote the post, and obviously it is head and shoulders above the other treasury companies. However, if you only have access to paper instruments, I'd still stick with one of the reputable ETFs. They are much simpler, and more state-aligned.

This is in regards to new paper Bitcoin purchases. Not advocating for people to sell MSTR at these levels.

MSTR’s golden era was pre-ETF containment. Post-ETF, the State wants standardized, surveilled rails — not a charismatic CEO with a reflexive balance sheet removing float.

Treat MSTR as levered beta with policy overhang.

Not financial advice in any way of course, just writing down some thoughts.

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