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Papafox's Daily TSLA Trading Charts

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One correction to your circuit breaker calculations, @Papafox:
I believe the circuit breaker will be set at 10% below the market open price, not previous close. So we'll only know at 09:30. But assuming the current price holds, and market opens around $270, the circuit breaker should be set around $243.

I really hope we dont hit that breaker.

I just checked the NASDAQ SEC uptick rule list and TSLA is not on it. Here's the SEC wording for 201:

  • Rule 201 – Short Sale Price Test Circuit Breaker. Rule 201 generally requires trading centers to establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent the execution or display of a short sale at an impermissible price when a stock has triggered a circuit breaker by experiencing a price decline of at least 10 percent in one day. Once the circuit breaker in Rule 201 has been triggered, the price test restriction will apply to short sale orders in that security for the remainder of the day and the following day, unless an exception applies.
The rule talks about a decline of at least 10 percent in one day. We saw a decline of at least 10% yesterday in after-hours trading, but it did not count. If the rule is based upon the opening price for the day (which it apparently is), then we don't see the breaker popped at 270 today. Rats.
 
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I just checked the NASDAQ SEC uptick rule list and TSLA is not on it. Here's the SEC wording for 201:

  • Rule 201 – Short Sale Price Test Circuit Breaker. Rule 201 generally requires trading centers to establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent the execution or display of a short sale at an impermissible price when a stock has triggered a circuit breaker by experiencing a price decline of at least 10 percent in one day. Once the circuit breaker in Rule 201 has been triggered, the price test restriction will apply to short sale orders in that security for the remainder of the day and the following day, unless an exception applies.
The rule talks about a decline of at least 10 percent in one day. We saw a decline of at least 10% yesterday in after-hours trading, but it did not count. If the rule is based upon the opening price for the day (which it apparently is), then we don't see the breaker popped at 270 today. Rats.

The previous day's closing price per https://www.sec.gov/divisions/marketreg/rule201faq.htm
Among other things, Rule 201 requires that a trading center establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution or display of a short sale order of a covered security at a price that is less than or equal to the current national best bid if the price of that covered security decreases by 10% or more from the covered security’s closing price as of the end of regular trading hours on the prior day.

The NASDAQ list I saw was only updated this morning, before the 201 would have triggered.
 
I just checked the NASDAQ SEC uptick rule list and TSLA is not on it. Here's the SEC wording for 201:

  • Rule 201 – Short Sale Price Test Circuit Breaker. Rule 201 generally requires trading centers to establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent the execution or display of a short sale at an impermissible price when a stock has triggered a circuit breaker by experiencing a price decline of at least 10 percent in one day. Once the circuit breaker in Rule 201 has been triggered, the price test restriction will apply to short sale orders in that security for the remainder of the day and the following day, unless an exception applies.
The rule talks about a decline of at least 10 percent in one day. We saw a decline of at least 10% yesterday in after-hours trading, but it did not count. If the rule is based upon the opening price for the day (which it apparently is), then we don't see the breaker popped at 270 today. Rats.
The stock sure appears to be trading like shorts are limited. Volatility is notably low given the circumstance.
 
My trading thingy from IB shows rule 201 in effect.

Thx, Chiller. I think bdy0627's comment is also correct that we would see much more volatility in the SP today if the rule was not in effect. Still, when I called Fidelity and they talked to the trading desk, I was surprised that they said they did not see TSLA listed. Maybe they were looking at yesterday's list for carryover to today. Maybe the restrictions to short-selling are automatically placed from a list and the trading floor is unaware that they're in place. Doing some more footwork. It most likely is a communications problem between Fidelity and myself, but I really want to hear that Fidelity has indeed had the restrictions in place today.

Edit: The second person I spoke with at Fidelity says it does look like the rule is in effect but he'll check with a supervisor and get back to me. Fidelity has no way to see the rule in effect for TSLA, and so I depend on humans, who are fallible.

Second Edit: Yep, the second person at Fidelity checked with his supervisor and said the SEC 201 rule did indeed kick in this morning. Please cancel the crisis.
 
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sep28chart2.JPG

Today we felt the effects of the SEC suit and most of the day TSLA traded similarly to after-hours trading yesterday. Toward day's end, the shorts likely made a play at pulling down the SP, it recovered, but they managed a small bump down in the closing minutes. Volume was very heavy, at 33.3 million shares (almost exactly the number of shares that are sold short and about 25% of the float). We have confirmation that the alternate uptick rule, or SEC 201 provision, did indeed kick in this morning at opening and we can indeed tell because of the lack of the usual icicles in the trading chart.

sep28ihor.png

Despite TSLA being on sale and this being a great time for shorts to cover, TSLA actually had a net increase in shorts today, likely because news outlets such as CNBC were providing so much misinformation that armchair shorts chose to sell in. As usual, those sell-in low shorts will get annihilated come the first real rally. Notice that the chart above uses the same, likely reasonable data as previous charts, with the exception of the recent chart that showed TSLA short interest exceeding 35 million shares. Fact Checking has a good point that we need to be careful using Dusaniwsky's data, and my reasoning is that even though the bogus chart appeared only once so far (to our knowledge), Dusaniwsky didn't catch the error in his chart and data.

sep28short.png

Shorts did 57.98% of TSLA selling today, which is a high number when you consider that the alternate uptick rule was in effect

I chose to buy some J20 leaps today and my decision process tells a story:

* TSLA dipped well below the lower bollinger band, and from a technical standpoint, there's reason to believe that TSLA remaining below the lower bb is likely to be a short-lived phenomenon. On the chart below, check out how little time TSLA spent below the lower bb on the last dip.

* This article is based upon a discussion with Thomas Gorman, a former SEC attorney, who believes that the SEC erred in filing a suit against Elon Musk. According to the article, "Gorman said the Saudi fund's reported interest in a take-private deal was enough to make Musk's statements legal, if ill-advised. And the SEC's current allegations that Musk hadn't ironed out the details don't change that, Gorman said.
'There's a reasonable basis for what he said,' Gorman said of Musk's tweets."
This article backs up Musk's statement that he did nothing wrong and strongly suggests that Musk will prevail in the case.

* I learned that very likely an upcoming step in the suit with the SEC is for Musk's team to file a motion to dismiss the suit. That motion can and will be made public and should raise eyebrows regarding the legitimacy of the SEC's suit. Some SP recovery may well occur if the motion to dismiss makes an extremely strong case.

* More Q3 production numbers are coming out today, all of which suggest Q3 will be a strong quarter. Troy is known for his accurate numbers in the past, and he is saying over 55,000 Model 3s delivered (52,XXX produced) and over 80,000 S,X, and 3s delivered in the month. Over at electric.co, that site says that Tesla has already produced over 51,000 Model 3s with a few days left in the quarter. Thus, his numbers also suggest that Tesla will have produced within its predicted range. Electrek also noted that for the first time in a months, Tesla produced over 5,000 Model 3s in a single 7 day period.

Thus, with holes appearing in the SEC's case against Musk, with multiple sources suggesting that Tesla will be within their Q3 performance window, and with a great price on TSLA, I pulled the trigger and grabbed some J20s.

sep28tech.png

Looking at the technical chart, you can see that the day's final price for TSLA almost climbed back up to reach the bottom of the lower bb.

For the week, TSLA closed at 264.77, down 34.33 from last Friday's 299.10. The story this week was the SEC's lawsuit. The story next week will be Tesla 3Q production and deliveries and the amazing Model 3 which no other manufacturer can touch. Personally, I'm ready for a change of topic. Have a good weekend.

Conditions:
* Dow up 18 (0.07%)
* NASDAQ up 4 (0.05%)
* TSLA 264.77, down 42.75 (13.90%)
* TSLA volume 33.3M shares
* Oil 73.25, up 1.13 (1.57%)
* Percent of TSLA selling by shorts: 57.98%
 
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* This article is based upon a discussion with Thomas Gorman, a former SEC attorney, who believes that the SEC erred in filing a suit against Elon Musk. According to the article, "Gorman said the Saudi fund's reported interest in a take-private deal was enough to make Musk's statements legal, if ill-advised. And the SEC's current allegations that Musk hadn't ironed out the details don't change that, Gorman said.
'There's a reasonable basis for what he said,' Gorman said of Musk's tweets."
This article backs up Musk's statement that he did nothing wrong and strongly suggests that Musk will prevail in the case.

Just a small addendum: note that the Business Insider article you cited was authored by Mark Matousek, one of the primary sources of anti-Tesla FUD according to the CleanTechnica FUD tracking effort. Here's another article from CleanTechnica that points out BI's bias:


Note the tweet where Mark Matousek is cited as trying to generate a negative Tesla story.

In this case it's similar, Mark Matousek is trying to defuse some of the explosive observations and legal analysis by Thomas Gorman, former senior counsel to the SEC.

This TV interview with Thomas Gorman shows a much broader range of arguments and a stronger defense of Elon's tweet:

Which is much more damning to the SEC lawsuit than the impression given by the BI / Mark Matousek story.
 
$TSLA i could not imagine a better news on a Saturday
shorts will be anxiety ridden over the rest of weekend and finally will get to experience the FUD that they have been dishing out to longs
short squeeze BIG TIME Monday and next week
SFR SWEET F REVENGE!!!
 
I think it's fair to say that TrendTrader007 has seen the settlement news. I'm with you, TT007, good things are in store for TSLA longs in the coming week.

First though, I'd like to offer a short history lesson on what happens when there's a combination of rabid shorts on the attack and longs feeling a dread. The dread we have just shed was, of course the SEC suit over Elon Musk. That's all behind us now, but here's a reminder of what life can be like when there is a substantial dread harbored by longs.

The Q3 2016 deliveries report and ER took place shortly after brokerage houses started releasing shares to short back to the wild after a huge recall of shares for the SolarCity vote. The date of record had come and gone, but the vote itself wasn't going to happen until November, and so October was the chance for shorts to put max pressure on Tesla so that its shareholders would become worried and vote no on the SolarCity acquisition.

histoct03.JPG

With record deliveries on Oct 3, 2016, TSLA jumped up from about 204 and closed at 213.xx, not a very big jump when you consider that deliveries were at a record high and profits were expected. Notice the extreme capping here. A rise to 217 had significance to technical traders and so shorts made sure it didn't get close. They first held 214 and then whenever they could, they pushed down to 213. The result is a series of plateaus which is perhaps the most classic example of capping in the history of TSLA.

histoct04.JPG

The next day, October 4, we saw a massive MMD. Notice the severity of the icicles. This was the day after a GREAT delivery report.

histoct05.JPG

Come October 5, TSLA was ready to hold its own and it looked like we'd have whack-the-mole throughout the afternoon, but look how severely TSLA was pushed down in the late afternoon! To understand why such a severe dip occurred, you need to look at the next day's trading.

histoct06.JPG

October 6 was the day that Goldman offered a stinkpot of a note about TSLA. And that dip on October 5? It doesn't take much imagination to realize that Goldman leaked word of the coming note and the late afternoon buying, accompanied with quite a rise in volume, was caused by the recipients of that leak short-selling TSLA so as to be positioned for the note. If you entered your TSLA short at 210 on the 5th, you could cover on the 6th for 201. Sweet. Not legal, not ethical, but profitable. Notice, too, that Goldman just happened to release the note when the shorts were in greatest need of an additional bump to keep the stock heading down. Some things don't change. If the SEC wants to reduce securities fraud, a great place to start would be the "coincidental" timing of media and analyst FUD when major bear attacks are underway.

histoct26.JPG

Okay, let's look at Oct 26, 2016, ER day. Tesla had much to celebrate. See the details below from the ER report.
histoct26a.JPG

Looks great, doesn't it. The first full day should be a good one, right?

histoct27.JPG

Well, here's October 27. Pre-market trading gives you a good idea of the enthusiasm for the report, but look what happens during the trading day. The shorts walked this very positive post-ER day's trading down to just about no gain. I still remember that day as everyone was wondering why TSLA was so weak.True, some traders believed that Q3 16 was a one-quarter oddity, but I think an even bigger factor was fear of the coming SolarCity vote and how that vote might impact the stock price. Thus, with dread felt by the longs, the shorts had maximum ability to manipulate, and boy did they take advantage of that situation.

My point here is that many on TMC were glad that Musk defended his honor when facing the SEC charges. If you wanted him to fight the charges for years to come, though, there would be a price paid by investors, and I give the example of Q3 2016 to refresh your memory of how much mayhem shorts can cause when longs are facing a significant dread. Still, Elon's one day between turning down the SEC offer and accepting a slightly different offer allowed him a brief opportunity to communicate his feelings. Remember this?
sep27elon.JPG

He could not have published this message if he had accepted the first settlement. The second settlement (and almost certainly the first) prohibits him from speaking the words printed above. Fortunately, those words were shared with employees, investors, and the public. When he accepted the second settlement offer today, the words were already in the wild and couldn't be taken back. He had said his piece. After the second settlement was accepted, the cloud of the SEC suit was lifted from Tesla. For many reasons, Tesla's future looks bright, with Musk still in control of Tesla and an incredible quarter ahead, to be followed by an even better one. Thus, Musk managed to do both things he sought: protect Tesla and let the world know of his feelings about this SEC action. Bravo.

By settling with the SEC, the dread in the longs is quickly disappearing. We will not have to weather years of court action and uncertainty. We will not allow our dread to give the shorts the kind of leverage they had just two years ago. Onward and upward from here.
 
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I think it's fair to say that TrendTrader007 has seen the settlement news. I'm with you, TT007, good things are in store for TSLA longs in the coming week.

First though, I'd like to offer a short history lesson on what happens when there's a combination of rabid shorts on the attack and longs feeling a dread. The dread we have just shed was, of course the SEC suit over Elon Musk. That's all behind us now, but here's a reminder of what life can be like when there is a substantial dread harbored by longs.

The Q3 2016 deliveries report and ER took place shortly after brokerage houses started releasing shares to short back to the wild after a huge recall of shares for the SolarCity vote. The date of record had come and gone, but the vote itself wasn't going to happen until November, and so October was the chance for shorts to put max pressure on Tesla so that its shareholders would become worried and vote no on the SolarCity acquisition.

View attachment 339331
With record deliveries on Oct 3, 2016, TSLA jumped up from about 204 and closed at 213.xx, not a very big jump when you consider that deliveries were at a record high and profits were expected. Notice the extreme capping here. A rise to 217 had significance to technical traders and so shorts made sure it didn't get close. They first held 214 and then whenever they could, they pushed down to 213. The result is a series of plateaus which is perhaps the most classic example of capping in the history of TSLA.

View attachment 339332
The next day, October 4, we saw a massive MMD. Notice the severity of the icicles. This was the day after a GREAT delivery report.

View attachment 339333
Come October 5, TSLA was ready to hold its own and it looked like we'd have whack-the-mole throughout the afternoon, but look how severely TSLA was pushed down in the late afternoon! To understand why such a severe dip occurred, you need to look at the next day's trading.

View attachment 339334
October 6 was the day that Goldman offered a stinkpot of a note about TSLA. And that dip on October 5? It doesn't take much imagination to realize that Goldman leaked word of the coming note and the late afternoon buying, accompanied with quite a rise in volume, was caused by the recipients of that leak short-selling TSLA so as to be positioned for the note. If you entered your TSLA short at 210 on the 5th, you could cover on the 6th for 201. Sweet. Not legal, not ethical, but profitable. Notice, too, that Goldman just happened to release the note when the shorts were in greatest need of an additional bump to keep the stock heading down. Some things don't change. If the SEC wants to reduce securities fraud, a great place to start would be the "coincidental" timing of media and analyst FUD when major bear attacks are underway.

View attachment 339336
Okay, let's look at Oct 26, 2016, ER day. Tesla had much to celebrate. See the details below from the ER report.
View attachment 339341
Looks great, doesn't it. The first full day should be a good one, right?

View attachment 339337
Well, here's October 27. Pre-market trading gives you a good idea of the enthusiasm for the report, but look what happens during the trading day. The shorts walked this very positive post-ER day's trading down to just about no gain. I still remember that day as everyone was wondering why TSLA was so weak.True, some traders believed that Q3 16 was a one-quarter oddity, but I think an even bigger factor was fear of the coming SolarCity vote and how that vote might impact the stock price. Thus, with dread felt by the longs, the shorts had maximum ability to manipulate, and boy did they take advantage of that situation.

My point here is that many on TMC were glad that Musk defended his honor when facing the SEC charges. If you wanted him to fight the charges for years to come, though, there would be a price paid by investors, and I give the example of Q3 2016 to refresh your memory of how much mayhem shorts can cause when longs are facing a significant dread. Still, Elon's one day between turning down the SEC offer and accepting a slightly different offer allowed him a brief opportunity to communicate his feelings. Remember this?
View attachment 339342
He could not have published this message if he had accepted the first settlement. The second settlement (and almost certainly the first) prohibits him from speaking the words printed above. Fortunately, those words were shared with employees, investors, and the public. When he accepted the second settlement offer today, the words were already in the wild and couldn't be taken back. He had said his piece. After the second settlement was accepted, the cloud of the SEC suit was lifted from Tesla. For many reasons, Tesla's future looks bright, with Musk still in control of Tesla and an incredible quarter ahead, to be followed by an even better one. Thus, Musk managed to do both things he sought: protect Tesla and let the world know of his feelings about this SEC action. Bravo.

By settling with the SEC, the dread in the longs is quickly disappearing. We will not have to weather years of court action and uncertainty. We will not allow our dread to give the shorts the kind of leverage they had just two years ago. Onward and upward from here.

Based on this, in your opinion, what day would be best for getting delivery numbers out?
Monday with uptick rule in effect
Tuesday to boost the Monday (capped) gains
Wednesday (to add gross margin in, or some other reason)
 
Based on this, in your opinion, what day would be best for getting delivery numbers out?
Monday with uptick rule in effect
Tuesday to boost the Monday (capped) gains
Wednesday (to add gross margin in, or some other reason)

That's a great question. If Tesla could somehow get the numbers out Monday before open, the day would be positively explosive, but there would not be enough time to apply maximum pressure on the shorts. Monday evening or Tuesday morning would give a strong 1-2 punch. Tuesday after close would give two days for the full SEC effect to take place and then the rest of the week for the delivery and production numbers to sink in. I'd probably favor Tuesday morning release, but all three have something to be said about them.
 
With so many short sellers have a seemingly endless fund to continue their ways, how would the market process tesla profit this Q or Q4 and ongoing in setting of large numbers of M3 rerevations?

The ability for shorts to manipulate is strongly harmed when the dread felt by longs has vanished. I think worries about the SEC and DOJ are pretty much over now. Just as importantly, you are going to see short covering this week. TSLA closed under 270 last week and it's going much higher this coming week. You have lots of shorts thinking "I want to close now", and so Monday morning is going to be a big gap up. The combination of a currently low price and a big, immediate threat will do that to the shorts. Even if some shorts are in this fight to the bitter end, once we see net decrease in short interest, and it will happen this week, shorts leaving will propel the SP higher, which will cause more shorts to leave, which will (you get the idea).

You are going to see TSLA rising on both fundamentals (production and deliveries) and on technicals. Retaking the 50 DMA and 200 DMA are going to be catalysts. Here's what Option_sniper has to say:

sep29option2.JPG


sep29option1.JPG
 
Based on this, in your opinion, what day would be best for getting delivery numbers out?
Monday with uptick rule in effect
Tuesday to boost the Monday (capped) gains
Wednesday (to add gross margin in, or some other reason)

Best to deliver it at the earliest Tuesday after close IMO. IF Monday ends up being a spike upward there will be margin calls going out Tuesday. Then hit with another piece of good info. If you really want to hit hard release 'we expect to be 'cash flow positive' without using any ZEV credits Wednesday after close and then have reviews of V9.0 coming out along with general release Thursday after close.

Ok, not reality...but one can hope.

Overall principle...spread out the good news.