The CFTC and the exchanges are protecting the silver short interest for now with smoke and mirrors, obfuscation and delivery limits.
We'd ask a further question. Why were players like AIG, an insurance company, major players in the silver markets on the short side? What does that have to do with hedging? Or is this just another loophole scam like taking out life insurance policies on your employees to obtain claims for tax free death benefits? Was the silver short gimmick that obvious of a feedbag for well-heeled and well-informed insiders?
And how can you justify delivery limits but contend there is no need for any limits on the amount of short position an individual company can hold? Limits on buying the physical product but no limits on selling of the product on paper? Now, is that obvious moral hazard, or what?
It is an absolute disgrace and one of the worst examples of croney capitalism corrupting the public markets that we have seen in some time. All silver producing countries are being cheated by this, and should take action to keep all their products off exchanges that allow this price manipulation. It is a pricing cartel.
At some point it will be a bloodbath for the shorts, although we expect the exchanges and regulators to change the rules to bail them out. The real economy may see painful shortages and higher prices. This type of manipulation provides incentives for commodity countries to break the back of the dollar cartel and monetize their own assets such like silver and gold.
We heard that China is now the second largest gold producing country right after South Africa. They also have a tremendous capacity for producing silver. And they have huge reserves of dollars. What a setup! Our economic vulnerability is astounding.
But at the end of the day, this is just another symptom of our sick economy, with regulation by honest oversight for the public benefit as the cure.
Silver Price Manipulation
David Morgan
This week I must address the latest Commodity and Futures Trading Commission (CTFC) findings that, "The U.S. commodities regulatory body found no evidence that silver prices had been manipulated downward by short sellers after re-examining long-term and recent allegations of misconduct."
I was asked by Dow Jones to comment on the CFTC findings. The first point I stated was: "It is not possible to manipulate the trend in a market, but it is possible to 'manage' the price within silver's uptrend." I went on to state that the price of silver can be managed, within certain boundaries, through short selling. I believe silver would be far higher if not for selling of vast amounts of silver that doesn't exist, or "naked shorts."
Now some I know well in the industry build a case that all or almost all of the silver sold short on the exchange is not sold naked but indeed is true hedging, primarily by base metals mining companies. This at the surface level may appear to be correct, until it is realized that almost all of the real physical silver that is delivered to end users (primarily to industrial consumers) is accomplished by means of over-the-counter (OTC) contracts known as "forwards." This is not accomplished in the futures market!
My point is simple: If the true sale of physical silver is done in an unregulated market based upon private contracts, then what is the purpose of the futures market? Why did the London Bullion Management Association trade nearly 30 billion ounces of silver last year? Why did the futures and options exchanges trade almost 60 billion ounces of silver last year?
Let's get a bit real here. If the total silver supply is roughly one billion ounces and we can measure NINETY times that amount being "traded" on the reporting exchanges, does it not beg the question why?
Further remember, there is a whole vast amount of silver "trading" going on in the OTC market that does not report at all. It could easily be as large as the reporting exchanges.
Let's be conservative here and state only 10 billion ounces of silver is dealt in the OTC market. So when I state naked sales and can prove perhaps ONE HUNDRED TIMES the amount of silver exists on paper than exists in the physical world, you must question the logic of "hedging." The derivatives markets are alive and well in both silver and gold, and there is roughly one hundred ounces "claimed" on paper for every physical ounce of silver.
So, ask a very basic question: How is the price of silver set? As if there is less than half a billion ounces of physical silver? Or is the price acting as if there is a hundred times as much silver? For those who don't know, this is a rhetorical question! Think fractional reserve banking system, which keeps about one percent of the total in reserve, because what depositor is going to cash in on their demand deposits? One percent is what the bank needs to keep the present day scheme going. In the case of banking, more "money" can be created by a computer keystroke. But real silver, well...that will pose a problem.
Another question that has always bothered me is, Why does the CFTC set a limit of 7.5 million ounces of silver as the most that can be taken off the exchange in a given delivery month? If you look back and see the Comex inventory level change when Warren Buffett made his purchase, you will notice a huge off take of physical silver from the Comex. This cannot happen again; the rules state there is a limit on the amount of physical silver that can be taken off the exchange.
So, for the umpteenth time, I will answer the following question: "Why doesn't some big investor come along and just buy up the remaining silver?" Answer: It cannot be done. There are delivery limits now! Let me repeat!! It cannot be done, there are delivery limits NOW!!
Oh, you might ask, "Is there any limit to the amount of silver that can be sold on paper?" Well, the main purpose of this missive is to prove that there is no limit to the amount of paper silver that can be created!
DAVID MORGAN, the founder of the Silver Investor, has studied the silver market for over thirty years. To learn more about Mr. Morgan and to become a subscriber to his free newsletter, http://www.silver-investor.com/
U.S. Congress could ban speculators from commodities
Bloomberg News
Wednesday, May 21, 2008
WASHINGTON: The chairman of a Senate oversight committee has said he is considering legislation to place limits on large institutional investors in commodities markets, which have posted record prices this year in agricultural products and oil. (Hey how about some limits on those institutional silver shorts Joe? - Jesse)
The legislation would be aimed at speculators and other investors who use commodities as a way to hedge against swings in other investment instruments like stocks and the dollar, said Joseph Lieberman, chairman of the Senate Homeland Security and Government Affairs Committee, at a hearing Tuesday.
Crude oil reached $132.25 a barrel Wednesday, the highest price ever, and it has almost doubled in the past 12 months. Wheat, corn, soybeans and rice have all set record highs this year on the Chicago Board of Trade, spurring food inflation. The Reuters/Jefferies CRB index of 19 commodities surged 31 percent in the year that ended April 30.
"We may need to limit the opportunity people have to maximize their profits because a lot of the rest of us are paying through the nose, including some who can't afford it," said Lieberman, Independent of Connecticut.
The plunging value of the dollar, the U.S. housing crisis and widespread problems in the banking sector have led investors away from traditional instruments and toward commodities, witnesses said. (Oh, do you just want to limit the PUBLIC'S ability to diversity? Please explain Jose - Jesse)
Jeffrey Harris, chief economist for the Commodity Futures Trading Commission, told the committee it was clear that there were more institutional investors in commodities. He said they have not systematically driven up prices. (His friends call him "Mr. Fibs" - Jesse)
Prices "are being driven by powerful fundamental market forces and the laws of supply and demand," Harris said.
Michael Masters, a portfolio manager for Masters Capital Management, told the lawmakers that investors were buying up commodities and holding their positions, creating an artificial premium. Assets allocated to commodity index trading strategies rose to $260 billion as of March, from $13 billion at the end of 2003, he said.
Senator Claire McCaskill, Democrat of Missouri, said the CFTC might be failing to adequately regulate this speculative investing and tighter regulations might be needed.
"The people of America are about to pick up pitchforks" as rising food costs pinch consumer budgets, she said.
The U.S. Department of Agriculture said Monday that it expected food prices to rise as much as 5.5 percent this year, up from an earlier forecast of 5 percent and the fastest increase since 1989.
Harris of the CFTC cautioned against a hasty reaction to recent volatility in commodity markets. "Diminishing the ability of futures markets to serve their hedging and price-discovery functions would likely have negative consequences for commerce in commodities and ultimately for the nation's economy," he said.
But Masters, of Masters Capital Management, said the CFTC was turning a blind eye toward market-distorting speculation.
"Institutional investors are one of, if not the primary, factors affecting commodities today," he told the committee. "As money pours into the markets, two things happen concurrently: the markets expand and prices rise." (too much hot money with no place to go we guess - how about increasing margin requirements? Naw, Greenie said that won't work - Jesse)
A report released Wednesday by Greenwich Associates argued that surging commodity prices reflect rising involvement of speculative investors. (like the 10,000 hedge funds and the big wall street 'banks' - Jesse)
Greenwich, a research firm, said a third of those investors had been in the markets for less than three years. Goldman Sachs Group and Morgan Stanley top the rankings of derivatives dealers, followed by Barclays Capital Group and JPMorgan Chase.
Masters proposed that the government prohibit commodity index investing as a vehicle for pension funds, curtail swaps trading and reclassify some positions to distinguish between legitimate physical hedgers and speculators.
