Showing posts with label justice for some. Show all posts
Showing posts with label justice for some. Show all posts

27 January 2015

Robert Johnson: Davos Man Fears Social Instability Due to Inequality and Injustice


"No country, however rich, can afford the waste of its human resources. Demoralization caused by vast unemployment is our greatest extravagance. Morally, it is the greatest menace to our social order."
September 30, 1934

"We must scrupulously guard the civil rights and civil liberties of all our citizens, whatever their background. We must remember that any oppression, any injustice, any hatred, is a wedge designed to attack our civilization."
January 9, 1940

Franklin Delano Roosevelt


"I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented...

There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest."

Elie Wiesel


"Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe."

Frederick Douglass, Speech on the twenty-fourth anniversary of Emancipation,, April 1886
 
"Albert Camus, a great humanist and existentialist voice, pointed out that to commit to a just cause with no hope of success is absurd. But then, he also noted that not committing to a just cause is equally absurd. But only one choice offers the possibility for dignity. And dignity matters. Dignity matters."

David Simon
 




Related: 



11 December 2014

Gold Daily and Silver Weekly Charts - When the Operation of the Machine Becomes So Odious


"This is the contempt in which they hold the majority of American people and the political process: the common people are easily led fools, and everyone else who is smart enough to know better has their price. And they would beggar every middle class voter in the US before they will voluntarily give up one dime of their ill-gotten gains."

Simon Johnson

Congress is crafting a bipartisan deal to allow retiree benefits to be cut. 
"A measure that would for the first time allow the benefits of current retirees to be severely cut is set to be attached to a massive spending bill, part of an effort to save some of the nation’s most distressed pension plans.

The rule would alter 40 years of federal law and could affect millions of workers, many of them part of a shrinking corps of middle-income employees in businesses such as trucking, construction and supermarkets."
As you may recall, Congress responded to business lobbying by allowing their pension plans to make outrageously optimistic assumptions about future returns, so the corporations could divert more of their money from pension contributions to short term profits.  
 
Now that corporate profits are at record levels, someone has to take up the slack and that must be the elderly.  Let's just rewrite the contracts after the fact, and take the money from them.  

In a conversation today some were tut-tutting this decision.  But after all, someone has to tighten their belts in hard times.  It certainly can't be the privileged class, so it may as well be the pensioners.

I hope people are so sanguine when the Banks come to seize their assets to make up their derivatives losses, which emboldened they will almost certainly do.  First they come for the pensions, and then they come for the savings deposits and IRAs.  It is a sign of the times.

Speaking of a sign of the times, the Manhattan based 2nd US District Court of Appeals knocked my socks off today, with a ruling that basically overturns 80 years of securities principles, and probably does more to erode the 14th amendment than Citizens United.

Here is the money shot in the decision that overturned the insider trading convictions of the infamous ring involving SAC and what looked like an organized conspiracy to violate securities laws. 
"Although the government might like the law to be different, nothing in the law requires a symmetry of information in the nation's securities markets."

Barrington Parker, 2nd U.S. Circuit of Appeals Judge
And I will wager that if you have not seen this here and a few other places in the blogosphere, you would not even understand what the heck was going on.   The mainstream news stories made it seem like the conviction was overturned on insufficient evidence.
 
Well technically it was.  Especially if you maintain the perspective of a servile tool of the corporate media.   To paraphrase Mario Savio, would you ever imagine a manager in a firm making a statement that is in contradiction to his board of directors?

In its attempt to give a get out of jail card to some of the particularly well-connected, the appeals court has set a precedent that is noxious and repugnant to the Constitution, particularly the 14th amendment.  Its willingness to torture the law should make us wary of what other things that the crony capitalists have in mind with regard to overturning bank reform and confiscating assets.

If this stands, there is no excuse for any foreign investor to complain when they are robbed blind by the US markets.  At least those in the US can make the case that getting all their money away from the US banks is an onerous task.   The character of this government is being writ large for all to see.

Other than this, I just don't have the words. The stench coming out of New York and Washington is getting so bad I can't breathe, whether it is from being water-boarded, or slammed to the ground and choked to death for a cigarette, or being robbed blind by white collar criminals who have friends in high places.  Don't bother to do anything.  Sit back and relax.  They will come for you and yours too, sooner or later.

To paraphrase Martin Luther King, never forget, everything they do will be 'legal.'

Have a pleasant evening.





US 2nd District Court of Appeals Issues the Economic Equivalent of the Dred Scott Decision


SEC. 20A. (a) PRIVATE RIGHTS OF ACTION BASED ON CONTEMPORANEOUS TRADING.

Any person who violates any provision of this title or the rules or regulations thereunder by purchasing or selling a security while in possession of material, non-public information shall be liable in an action in any court of competent jurisdiction to any person who, contemporaneously with the purchase or sale of securities that is the subject of such violation, has purchased (where such violation is based on a sale of securities) or sold (where such violation is based on a purchase of securities) securities of the same class.

Securities and Exchange Act of 1934

In their zeal to exonerate some Wall Street wiseguys associated with the infamous insider trading ring involving SAC Capital, the sophists on the 2nd US Court of Appeals, located in lower Manhattan near Wall Street, just issued the equivalent of the Dred Scott decision for US markets.

"Although the government might like the law to be different, nothing in the law requires a symmetry of information in the nation's securities markets."

Barrington Parker, 2nd U.S. Circuit of Appeals Judge

Are you kidding me?  Equal protection under the law?   Who says we have to do that? We can do whatever we want, and just try and stop us.  We own the lawmakers and we own the courts.

Symmetry of information, also known as a 'level playing field,' is the cornerstone and underlying principle of US Securities laws since 1933.
"Information symmetry is a condition in which all relevant information is known to all parties involved. For example, in the stock market, stock information has a full public disclosure, and all investors are in the same position to share information."

"In contract theory and economics, information asymmetry deals with the study of decisions in transactions where one party has more or better information than the other. This creates an imbalance of power in transactions which can sometimes cause the transactions to go awry, a kind of market failure in the worst case. Examples of this problem are adverse selection, moral hazard, and information monopoly."
Is this the point where the pigmen take the masks off and say, 'what the hell, we really are just robbing and cheating you. So what are you going to do about it?  We own the system, and can have our sophists rationalize just about anything.'

Some judicial propeller head was encouraged to put themselves into super-literalist, laser-beam mode, and twist the letter of the law hard enough to find a reason for excusing some particularly blatant insider trading, and the substance of the law be damned.

As long as the exchanging of favors is sufficiently soft and undocumented, and not the explicit exchange of cash, videotaped and posted to Youtube, it's all good.  Cry havoc, and let slip the dogs of financial fraud on the general public.

The purpose of information symmetry is to prevent certain market actors from engaging in control frauds. This principle taken to a perfect and natural ideal was a cornerstore of one of the great economic canards that justified deregulating the markets. 
"In finance, the efficient-market hypothesis asserts that financial markets are 'informationally efficient'. In consequence of this, one cannot consistently achieve returns in excess of average market returns on a risk-adjusted basis, given the information available at the time the investment is made."
And now they are dropping the pretext. Are they counting on most people not understanding what 'symmetry of information' means?   Are they counting on you doing nothing about this?

Information symmetry means that some analyst or CEO cannot tell his friends that they are going to give downward guidance in a week, so that they can all sell their stock and even short it ahead of the public.

It means that the most powerful players in the market cannot traffic in private knowledge, presenting two sorts of datastreams, one for the public and one for themselves.

It's a big club.  And you aren't in it.

I expect this decision to be reversed, because otherwise there can be no confidence in US markets any longer, and no one who is not an insider can no longer believe in their impartiality and honesty.  They are worse than any casino, because the dealer can signal some of the players when he has an ace in the hole.

The basis of the reversal will be the judgement that the 2nd Court has misapplied the principles in Dirks v SEC.   In this case the Supreme Court sought to exonerate the recipient of information from a whistleblower who wished to exposed a corporate fraud, and in doing so released information to Dirks, who while passing it on to the Wall Street Journal, also passed it on to clients who used it to sell their stock in advance of the fraud and stock sell off. 

This led to the establishment of 'The Dirks Test' by the SEC:
A standard used by the Securities and Exchange Commission (SEC) to determine whether someone who receives and acts on insider information (a tippee) is guilty of insider trading. The Dirks Test looks for two criteria

1. Whether the individual breached the company's trust
2. Whether the individual did so knowingly

Tippees can be found guilty of insider trading if they know or should know that the tipper has committed a breach of fiduciary duty.
I believe this is one of those cases where courts can and will argue about reasonableness. Is it more reasonable to expect a trader who is licensed under Securities Laws to know the difference between legitimate information and material non-public information, moreso than an unlicensed amateur?

 And I think that the 2nd District Court has overreached in declaring that the prosecution ought to demonstrate that the tipper received personal benefit, rather than violated fiduciary trust of the corporation, and that the tippees needed to know this fact, rather than understanding the difference, as a professional, between gossip, information, and material non-public information which provides them a trading advantage which has been obtained in some manner which most certainly involves the violation of fiduciary responsibility in the chain of communication.
 
The most rational response from the rest of the world will be to shun US markets, and take steps to prevent the contagion of this abuse of privilege.

The only law the moneyed interests recognize is 'Do what you will,' and just don't document the evidence of wrongdoing and post it on the internet for bragging rights.

This is the kind of situation where the locker room talk at the Country Club gets leaked out in public, and the Very Important People who do it are suddenly exposed for exactly who and what they really are, and what they really believe. 
 
And brother, its a brave new world if this decision stands. 



29 October 2014

FOMC On QE III: Mission Accomplished


It is mission accomplished for the Fed's third stimulus program, if one keeps in mind that Quantitative Easing is a subsidy program for the one percent and Wall Street, not the general public and Main Street.

It is the fallacy of trickle down economics at its most blind and pernicious.

At the end of the day, the Fed's objective has been to bail out and preserve their owners in the Banking System, largely intact, down to their thoroughly rotten core.   The Fed is not the government.  The Fed works with its friends in the government.  The Fed is a creature of the Banks.

And the public is being forced to pick up the tab through financial repression and a stealth austerity through market manipulation, money printing, and price rigging.



Board of Governors of the Federal Reserve System


For immediate release

Information received since the Federal Open Market Committee met in September suggests that economic activity is expanding at a moderate pace. Labor market conditions improved somewhat further, with solid job gains and a lower unemployment rate. On balance, a range of labor market indicators suggests that underutilization of labor resources is gradually diminishing. Household spending is rising moderately and business fixed investment is advancing, while the recovery in the housing sector remains slow. Inflation has continued to run below the Committee's longer-run objective. Market-based measures of inflation compensation have declined somewhat; survey-based measures of longer-term inflation expectations have remained stable.

Consistent with its statutory mandate, the Committee seeks to foster maximum employment and price stability. The Committee expects that, with appropriate policy accommodation, economic activity will expand at a moderate pace, with labor market indicators and inflation moving toward levels the Committee judges consistent with its dual mandate. The Committee sees the risks to the outlook for economic activity and the labor market as nearly balanced. Although inflation in the near term will likely be held down by lower energy prices and other factors, the Committee judges that the likelihood of inflation running persistently below 2 percent has diminished somewhat since early this year.

The Committee judges that there has been a substantial improvement in the outlook for the labor market since the inception of its current asset purchase program. Moreover, the Committee continues to see sufficient underlying strength in the broader economy to support ongoing progress toward maximum employment in a context of price stability. Accordingly, the Committee decided to conclude its asset purchase program this month....

The Banks must be restrained, and the financial system reformed, with balance restored to the economy, before there can be any sustainable recovery.


12 October 2014

Greenwald: Why Privacy Matters, and the Endowment of Individual Rights and the State

 
Privacy is the space that defines the will of the individual, which sets the area that says, 'this is mine, because this is me.'
 
Privacy is the 'outer skin' of the self.

I may wish to share my space to varying degrees with family, friends, and acquaintances. If I have the good sense I may even wish to open my heart and live in a continuing act of worship and companionship with my Creator.
 
But that choice to conform myself to His will and open my thoughts and heart to Him, is mine. This is a gift that is hard to comprehend, but which grants us the intimacy of His love, rather than objectification as a possession, or a thing to be owned.

It is His most supreme condescension that He grants us the power to resist, to say no, to be other and apart from Him if we so choose. He makes us the sovereigns of a portion of His being, and says, you are free. And in His caring for another grants us a soul of our own. This is the essence of our being, and the wellspring of our existence.

What kind of love is in thrall to the beloved, which has no choice, no self identity that it may give to another, freely? What are we to an all-powerful God, except that which He has granted to us, forever, as ours alone and ours to give?

A tyrannical State, which has no virtuous restraint, by its very definition wishes to insert itself into this private space, not as a gracious God who grants us the will to either open or close the most private recesses of our heart to Him, but rather to take by force that which marks our individuality. It would be as a god, but on its own perverse and darker terms. It seeks to possess, uncaring, which is the opposite of love.
 
Privacy and the primacy of the individual is no gift from the State, but a recognition of what has been defined as 'an inalienable right' precisely because it is not granted by the State, but something higher, superior to an earthly power.

Surveillance, on an indiscriminate and massive scale by an increasingly intrusive State, is not a benign act in the cause of homeland protection.  It is not an excess of zeal among well meaning bureaucrats.  It is the very definition of statism.

It is an act of the will to power of the State over the individual, to claim that last bastion of privacy that marks the least amount of space that a person may occupy as their own. And it is relentless in its jealousy, expediency and ownership.  It asserts the supremacy of power, and takes all power to itself.  
 
The violation of the individual is not incidental to the establishment of a tyranny.  It is essential. 
"If relativism signifies contempt for fixed categories and those who claim to be the bearers of objective and eternal truth, then there is nothing more relativistic than Fascist attitudes and activity.  

From the fact that all ideologies are of equal value, we Fascists conclude that we have the right to create our own ideology and to enforce it with all the energy of which we are capable. ”

Benito Mussolini, Diuturna

It is the State's way of asserting that all that we have, all that we are, all that we may do or think, belongs to them at their unquestioned discretion and expediency.

 It is the will to power, and the way of earthly death. And we who belong to the Lord can have no part of it, for He is ours and we are His. He calls us by name, and we hear His voice.



 
Statists of both the left and right seek to elevate the State to an unnatural priority over all things free and individual, since individual choice is inseparable from any notion of freedom. Therefore they must subordinate the individual to the expediency of the State not only in so called 'emergencies' but over time as a matter of their continuing policy.
 
One sees this theme of the primacy of state sanctioned organizations over people today. This is the basis of the 'corporatism' that seems so bizarre, but that we are already seeing creep into our legal judgements.
 
Therefore Corporations will have the rights of people and beyond.  They are relatively free of the most important civic obligations, and are granted privileges and perquisites beyond the individual.   Under a statism that claims the definition of all value as its prerogative, some are more equal than others, and justice is by definition at the discretion of the State.

Not to belabor the point, but as an aside this is why Alan Greenspan said that all Statists react to gold with an almost hysterical antagonism. Gold, having no counterparty risk, has been historically regarded as a natural and independent measure of economic value and store of wealth.   




20 September 2014

Upton Sinclair: The Brass Check

 
These quotes are from The Brass Check which was written by Upton Sinclair in 1919.

A brass check was a token purchased by a customer in a brothel and given to the woman of his choice. Sinclair saw the moneyed interests of his day holding brass checks with which to purchase politicians, journalists and their editors, and other thought leaders of the day.

For twenty years I have been a voice crying in the wilderness of industrial America; pleading for kindness to our laboring-classes, pleading for common honesty and truth-telling, so that we might choose our path wisely, and move by peaceful steps into the new industrial order. I have seen my pleas ignored and my influence destroyed, and now I see the stubborn pride and insane avarice of our money-masters driving us straight to the precipice of revolution.

What shall I do ? What can I do — save to cry out one last warning in this last fateful hour? The time is almost here — and ignorance, falsehood, cruelty, greed and lust of power were never stronger in the hearts of any ruling class in history than they are in those who constitute the Invisible Government of America today.

Imagine, if you can, the feelings of a workingman on strike who picks up a copy of the Wall Street Journal and reads:
'We have a flabby public opinion which would wring its hands in anguish if we took the labor leader by the scruff of his neck, backed him up against a wall, and filled him with lead. Countries which consider themselves every bit as civilized as we do not hesitate about such matters for a moment.' 
Year by year the cost of living increases, and wages, if they move at all, move laggingly, and after desperate and embittered strife. In the midst of this strife the proletariat learns its lessons ; it learns to know the clubs of policemen and the bayonets and machine-guns of soldiers.

Day by day the money-masters of America become more aware of their danger, they draw together, they grow more class-conscious, more aggressive. The [first world] war has taught them the possibilities of propaganda ; it has accustomed them to the idea of enormous campaigns which sway the minds of millions and make them pliable to any purpose.

American political corruption was the buying up of legislatures and assemblies to keep them from doing the people's will and protecting the people's interests; it was the exploiter entrenching himself in power, it was financial autocracy undermining and destroying political democracy.

By the blindness and greed of ruling classes the people have been plunged into infinite misery ; but that misery has its purpose in the scheme of nature. Something more than a century ago we saw the people driven by just such misery to grope their way into a new order of society; they threw off the chains of hereditary monarchy, and made themselves citizens of free republics.

And now again we face such a crisis only this time it is in the world of industry that we have to abolish hereditary rule, and to build an industrial commonwealth in which the equal rights of all men are recognized by law.


18 September 2014

10 September 2014

Moral Hazard: The Abysmal Failure of the Doctrine Of Selective Justice For Finance


Moral Hazard - In economic theory, a moral hazard is a situation in which a party is more likely to take risks because the costs that could result will not be borne by the party taking the risk. In other words, it is a tendency to be more willing to take a risk, knowing that the potential costs or burdens of taking such risk will be borne, in whole or in part, by others. A moral hazard may occur where the actions of one party may change to the detriment of another after a financial transaction has taken place.

Wikipedia says that Economist Paul Krugman described moral hazard as "any situation in which one person makes the decision about how much risk to take, while someone else bears the cost if things go badly."

Moral hazard is not only the misallocation of risk, but the mispricing of risk without significant consequences as well.  This also speaks to the misallocation of risk. As in a bubble.

In our most recent financial crisis we saw both the mispricing of risk in the initial collateralized debt obligations that fed the housing price bubble, and in the aftermath, where much of the consequences of the ensuing financial crisis were allocated to the taxpayers after the fact and without an explicit prior agreement to do so, under duress.

A rather sophistic defense of that approach and subsequent policy was provided by Larry Summers who in September of 2007 wrote an article entitled Beware of Moral Hazard Fundamentalists:
"In the financial arena the spectre of moral hazard is invoked to oppose policies that reduce the losses of financial institutions that have made bad decisions. In particular, it is used to caution against creating an expectation that there will be future 'bail-outs'."
As an aside, when I saw the new 'reform President' bringing in Timothy Geithner, Hank Paulsen, and Larry Summers to key posts in his administration, I suspected that the people's mandate for reform had been deflected, although there was the prior example of FDR bringing in Joe Kennedy to spearhead the SEC.  But, alas, Obama quickly turned out to be no Franklin Roosevelt, but a loyal member of the Wall Street wing of the Democratic Party.

And here we are, SEVEN years later. Forget 'future bailouts.' We have what seems to be never-ending bailouts, and subsidies, and special arrangements, and deals benefiting Wall Street, to the detriment of almost everyone else.

Here is a video of Senator Elizabeth Warren from yesterday's testimony in a hearing chaired by Senator Tim Johnson (D-SD) “Wall Street Reform: Assessing and Enhancing the Financial Regulatory System.”  

She begins by questioning Fed Governor Daniel Tarullo.  As you may recall, the Fed is one of the primary banking regulators, acquiring even more and broader regulatory powers in the aftermath of the 2008 financial crisis.

Her second question about the TBTF Banks and failure resolutions goes to FDIC Chair Martin J. Greenberg.

Near the end is a long statement/question from Senator Richard Shelby of Alabama. 

I bring this to light, in order to respond to those who say that the banking system has already been reformed.   It has not.

It is only 11 minutes in length and is worth watching. You can see it in its entirety here.

Special thanks go to Pam Martens for bringing these quotes to light in her excellent article, Jamie Dimon Gets $8.5 Million Raise for Illegal Conduct at JPM. I had not yet found a proper transcript. Pam's articles are consistently timely and of high content value.

“As Judge Rakoff of the Southern District of New York has noted, the law on this is clear. No corporation can break the law unless an individual within that corporation broke the law. (unlike some recent delusions from the Supreme court about the inalienable rights of soulless, disembodied Corporations which are constructs merely of common law with no superior claim to a higher authority equal to an individual's rights - Jesse)

Yet, despite the misconduct at these banks that generated tens of billions of dollars in settlement payments by the companies, not a single senior executive at these banks has been criminally prosecuted. Now, I know that your agencies can’t bring prosecutions directly, but you’re supposed to refer cases to the Justice Department when you think individuals should be prosecuted. So, can you tell me how many senior executives at these three banks you have referred to the Justice Department for prosecution?...

After the savings and loan crisis in the 1970s and 1980s, the government brought over a thousand criminal prosecutions and got over 800 convictions. The FBI opened nearly 5,500 criminal investigations because of referrals from banking investigators and regulators.

The main reason we punish illegal behavior is for deterrence; to make sure that the next banker who’s thinking about breaking the law remembers that a guy down the hall was hauled out of here in handcuffs when he did that.

These civil settlements don’t provide deterrence. The shareholders for the company pay the settlement; senior management doesn’t pay a dime. And, in fact, if you’re like Jamie Dimon, the CEO of JPMorgan Chase, you might even get an $8.5 million raise for negotiating such a great settlement when your company breaks the law.

So, without criminal prosecution, the message to every Wall Street banker is loud and clear: if you break the law you are not going to jail, but you might end up with a much bigger paycheck.

No one should be above the law. If you steal a hundred bucks on Main Street, you’re probably going to jail. If you steal a billion bucks on Wall Street, you darn well better go to jail too.”



02 July 2014

PBS Frontline: To Catch a Trader


“The disposition to admire, and almost to worship, the rich and the powerful, and to despise, or, at least to neglect, persons of poor and mean condition is the great and most universal cause of the corruption of our moral sentiments.”

Adam Smith

Got inside trading information?

Got a co-located high speed trading server?

Got a privileged position of trust in society or even better, in the game itself?

Then buddy, you got edge.





08 May 2014

NY Fed Joins War On Whistleblowers To Shield Goldman Sachs From Its Own Examiner


And this sort of egregious behaviour from a 'regulator.'  They argue out of both sides of their mouths whether Goldman is a 'bank' or not, in order to get what they want for...  Goldman.

The Fed is not a government agency, but a privately owned creature of the very Banks whom it is charged to regulate and restrain.

And as we have seen, over and over again, the Fed is not part of the solution, but has become very much a part of the problem in distorting the banking system in favour of a few powerful financial interests.

A Mangled Case of Justice on Wall Street
By Pam Martens
May 8, 2014

On October 10, 2013, bank examiner Carmen Segarra and her attorney, Linda Stengle of Boyertown, Pennsylvania, took on one of the mightiest and interconnected institutions on Wall Street: the Federal Reserve Bank of New York. They relied on the Federal court system, funded by the taxpayer, and a fair and impartial judge to level the playing field. Things got off to a promising start.

Segarra was a bank examiner at the Federal Reserve Bank of New York, a key regulator of Wall Street banks. She charged in her lawsuit that when she turned in a negative assessment of Goldman Sachs, she was bullied and intimidated by colleagues at the New York Fed to change her findings.

When she refused, she was terminated from her job in retaliation and escorted from the Fed premises, according to her lawsuit...

Read the entire story here.

Related: Judge Tosses Lawsuit of Fired NY Fed Examiner

21 March 2014

Ted Butler: J. P. Morgan And Precious Metal Price Manipulation On the Comex


I am no legal expert, and therefore have no idea of the merits of this as a prospective case.  The law involves things like intent, opportunity, evidentiary proof, and so forth. Apparently one can sue another entity for just about anything, but that does not mean that the case has any merit.   And I certainly could not advance such a case based on even industry knowledge. That strikes to the heart of my own issue.

My primary concern is a lack of transparency. And that lack of transparency in these markets is not conducive to market efficiency.  It allows for gaming the system, either occasionally or, as we have seen, systematically.

I cannot tell if these markets are manipulated because so much of what is being done is hidden.  And it does not help that the CFTC conducted a five year long study into the subject, and then quietly killed it without ever having issued any information about their findings.

Some have shown evidence they say that proves that it is the tech funds that set price, and that JPM is just 'making a market.' If this is true, then additional transparency on the part of JPM and the other market makers would be perfectly reasonable to allay any doubts about the honesty and fairness of the markets for precious metals.  This is why the people have established, and paid for, regulators.  So they do not have to resort to lawsuits in order to achieve justice and equity in their transactions.

Considering the widespread rigging of key benchmarks and prices, I think to just dismiss these concerns with a sneer and a snigger is unreasonable, requiring people to maintain an almost slavish belief in the integrity of the Banks, trading desks, and the system.  Given the amount of abuse that has been exposed already along these same lines, that does not seem to be a thing that a thinking person would ask.

The major objection to transparency, by the way, is that it would diminish the profits of those in the position of market makers.  Well, market making is intended to be a utility function, with a small but regular return.  It is not appropriate for market making to be in the hands of those who are also major market players.  It is a certain invitation to corruption.

One of the more general things that struck home in this commentary by Ted is the concern that the Comex is becoming like a bucket shop, a betting parlor that is at arms length from the markets for which they are presumably setting prices.   The lack of delivery and the ability to create large amounts of contracts to receive or deliver on the fly, and then to transact them at whatever price you wish without seeming constraint if you are big enough, with deep enough pockets and enough advantageous information, is tantamount to setting up a con game, and then trusting in men to be angels.

Relying on self-regulation, under the discipline of private lawsuits, merely reinforces our increasingly bifurcated society, in which a small minority have ease and rights and freedom and even justice, because they can afford it.  And those many who rely on the justice provided by government will be faced with an upward facing and unresponsive bureaucracy, and with that, hard times.  Like quality Healthcare, there will be Justice, for some.

As you know I am no longer hopeful of change in the short term, given the nature of the credibility trap that has encompassed the political party process and the mainstream media. To paraphrase the discouragement pessimism of Czech author and political figure Václav Havel:
“No attempt at reform could ever hope to set up even a minimum of resonance in the rest of society, because that society is ‘soporific,’ submerged in a consumer rat race... Even if reform were possible, however, it would remain the solitary gesture of a few isolated individuals, and they would be opposed not only by a gigantic apparatus of national (and supranational) power, but also by the very society in whose name they were mounting their reform in the first place.”
It is no accident that the nascent movements for financial reform were either ruthlessly crushed, as in the case of the almost rudderless Occupy Wall Street, or co-opted by money and politics, as unfortunately happened with the Tea Party. Co-opt if you can, crush if you must.

Ted presents some of the facts in the contrary case, and I found them to be interesting.  It is hard to believe that the London Fix is so corrupt, but the Comex, which is the major pricing platform, is pristine, since the players are playing across all global markets.

Suing JPMorgan and the COMEX
Theodore Butler|
March 21, 2014

I’ve had some recent conversations with attorneys who were considering class-action lawsuits regarding a gold price manipulation stemming from reports about the London Gold Fix. I told them that while there is no doubt that gold and, particularly, silver are manipulated in price, I didn’t see how the manipulation stemmed from the London Fix. I wished them well and hoped that they may prevail (the enemy of my enemy is my friend), because you never know – if the lawyers dig deep enough they might find the real source of the gold and silver manipulation, namely, the COMEX (owned by the CME Group) and JPMorgan.

So I thought it might be constructive to lay out what I thought a successful lawsuit might look like, although I’m speaking as a precious metals analyst and not as a lawyer. I’ll try to put the whole thing into proper perspective, including the premise and scope of the manipulation as well as the parties involved...

Read the entire article for free here.

20 March 2014

Celebrating Policy Errors And Corruption With Bogus Milestones in The Recovery™


Or Why Is Unemployment Falling Along With the Labour Participation Rate?

The pat answer from learned economists is that this is 'the new normal,' and 'structural.'    It is all part of an aging population gracefully moving into their comfortable retirement.   They say this even though people are working in great numbers into older age because they have little savings and pension security, and the real median income continues to stagnate.   And while corporations and the one percent reap rich profits and increases in income from the Fed's trickle down monetary stimulus.

So many odds things occurring.  We have a bear market in the price of gold, even while the physical supply of it is disappearing, and major benchmarks have been found to have been manipulated by the financial system.  Curiouser and curiouser.

The answer is that the government and their corporate partners are painting pictures of a recovery, and placing them along the highways and byways, in order to convince us that things are getting better.  In this Wonderland where nothing is real, perception is everything, and everything is its image.

This is why I first called this 'The Potemkin Economy' some time ago.

Ralph Dillon from Global Financial Data passed this along, and I thought this was interesting. The commentary is his.
If unemployment benefits were extended indefinitely would this chart look any different? Is the decline in labor participation due to the extension of federal unemployment benefits? Would we continue to see the duration of unemployment keep trending higher if it was?

This chart is amazing in many regards. First, the duration of consecutive weeks of unemployment has never been over the overall labor participation rate in 45 years of recorded statistics. Second, the parabolic increase in the duration of those unemployed is staggering starting in 2009. Third, we have never seen the two series in lock step as they currently are.

And finally, is the decline in how long someone is unemployed correlated to the drop in those who are actually employed? Shouldn’t the participation rate go up if the duration of those unemployed is improving? What will this chart look like in say 10 years?

I continue to be fascinated with employment in this country. It seems the importance of decade’s worth important economic statistics have been turned upside down. Further, they are being looked upon differently according to what message you are trying to send.


For example, the Federal Government has had a target of 6.5% unemployment. Four years ago this was considered a milestone of achievement for a broken economy. Yet yesterday, in testimony before congress, Fed Chair Janet Yellen, indicated that the unemployment target having been reached, is no longer a goal. It had been a goal since the unemployment rate reached its highs after the 2008 financial crisis.  If we reached that goal, then things must be going well, right?

Not if you look at this chart it doesn’t. The 45 year average of the duration of unemployment is 101 weeks. Today we are at 200 weeks! Since the crisis started, we have doubled the duration of time that those are unemployed stay unemployed. Not very good. But what about the improving economy we keep hearing about? More jobs right?

Wrong. The overall civilian labor force participation rate is at the lowest level in over 3 decades yet we are at 6.5% unemployment. What then are we going to set as our next goal?

If we keep setting goals that are meaningless then why are we setting them at all? If the economy is so good, then why are we continuing the Quantitative Easing program? Sure it’s been scaled back a bit, my inclination is that the easing is skewing the traditional statistics that we have been using to measure the economy for decades.

If something is truly broken, like the labor market, why not set out and fix it instead of making it worse and celebrating its bogus milestones that are truly failures. Who does Quantitative Easing help anyway. They say Main Street, but many feel Wall Street.

They say that facts and numbers do not lie. Only politicians do.
(and those who work in the service of power and the status quo, such as mainstream media pundits, academic and professional economists, and other Very Serious People of titles and great consequence. They like to use terms like 'the new normal' to prepare people for being economically abused and repressed until exhaustion and collapse. - Jesse.)

"Robbery, rape, and slaughter they falsely call empire; and where they create a desert, they call it peace."

Tacitus, Calgacus' Speech from Agricola



27 February 2014

The Scandal in America That Is Hidden In Plain Sight - Privilege Blindness


“There’s a new isolationism,” Kerry said during a nearly one-hour discussion with a small group of reporters. "We are beginning to behave like a poor nation,” he added, saying some Americans do not perceive the connection between US engagement abroad and the US economy, their own jobs and wider US interests.

The Guardian, John Kerry Slams 'New Isolationism'

Things may seem rosy from your perspective, John, but the sad truth is that far too many people in this country are doing without, doing more with less, too often living on the edge, and are far too often afraid.  They are referred to disparagingly as 'the common 99%',  as takers not makers, and even the 'parasitic 47%,'.   They are what is commonly referred to as 'the people' in the Constitution.

They are being spied on, bullied, repressed, and conned at almost every turn by a foul partnership of big money and power.  They often sacrifice their personal liberties, and send their children to foreign shores to fight in a perpetual war against a loosely defined 'enemy.'

One of the great marvels of the time is how effectively well-funded propaganda campaigns and a captive mainstream media have distorted the peoples' view of reality so that they act as if they are sleep-walking.

An ongoing trend in the US has been a tax code that favors large multinational corporations with loopholes and subsidies that far too often result in an effective tax rate of close to zero, despite booming corporate profits in the face of a long stagnation in median family income and wages. 

The real unemployment numbers are shockingly high, and those jobs that are available are often part time and poorly paid.   Justice is openly administered in ways that give the powerful a free pass on grossly criminal activity, from laundering drug money to financial racketeering. The rigging of prices and markets by powerful interests, and the lack of effective prosecution of such grave abuses of power, is something that seems to be de facto government policy.

This places small private businesses and individuals at a distinct disadvantage with regard to economic viability in the marketplace.  It fosters consolidation and monopoly.  It lends itself to a cynicism that is undermining the conscience of many of those who have sworn oaths of office.  It isolates dissent to corrals and 'free speech zones.'  It breaks up peaceful gatherings of protest with pepper spray, bullets, and clubs.  It pollutes the internet with campaigns of disinformation, and silences the voices of journalists.

It is intertwined with the financialisation of the real economy that is a tool for the redistribution of wealth from the many to the well connected few.  It feeds the corrupting influence of big money on the political landscape.

And often these multinationals are beneficiaries of government spending of tax revenues on procurements, outsourcing, and other initiatives, particularly with regard to infrastructure and defense spending on perpetual and largely discretionary wars.

And lately corporations have been making headway in the courts to receive all the benefits and privileges of personhood, without having to pay the price of citizenship.   War, far from being an occasion of personal loss and privation and risk, is often a beneficial period of significant revenues and greater profits.

The way in which dividends, certain types of executive compensation, and private equity investments are treated for tax purposes merely exacerbates the problem and the ongoing hypocrisy in the trickle down approach to The Recovery.

The partnership between large corporate America, often called the moneyed interests, and the political class is something that is of deep concern to some, but not known nearly enough.  It has been a point of political contention over and over again in US history, and the history of all nations.

If tax reform is on the agenda, closing loopholes, subsidies and government welfare programs for corporate America ought to be a top priority.  But change must come.

We are acting like a poor nation John, even a third world nation, with widespread corruption, declining press freedom, a crumbling infrastructure, and an alarming concentration of power in a few hands, a few powerful families. Both political parties are owned by the same elite class and are essentially the same corporate sponsored products; they are just different brands with different target markets.

And you and yours have made it that way. Welcome to our brave new world.

The following is from Ralph Dillon at Global Financial Data:
"Inevitably, the tax man will cometh…..Except of course, if you are a large multinational corporation. Despite the political banter over who pays and who does not, the 2000s have ushered in an era of corporations avoiding paying taxes. Armed with teams of CPAs and attorneys, these large multinational companies have pushed the limits on how they can avoid paying taxes and have done so quite successfully.

General Electric, one of the largest and most well respected companies in America has been criticized for paying little or nothing on their corporate taxes the last few years. In fact, GE is currently suing the IRS for over 650 million dollars they feel should have been a tax credit instead of a liability that they owe taxes on.

If you look at the S&P 500 members citing effective tax rates of 0%, it is staggering. With names like Broadcom, Verizon Wireless, Public Storage, Seagate Technologies and even News Corp having not paid any taxes in the past twelve months. The list of companies with a 0% effective tax rate is a long one and perhaps one that needs some attention. It just seems odd that we can tax everything in this country but not huge multinational companies that make billions of dollars each year.

Favorable tax codes and massive amounts of lobbying have created corporate welfare in this country and perhaps the time has come to address the inequalities that exist in the tax code.

It is estimated that that there is over 2 trillion dollars in cash sitting in the coffers of corporate America right now. Shareholder activists like Carl Icahn, are forcing companies like Apple to address what they are going to do with the loads of cash they are sitting on.

What’s really interesting to see is that the divergence between corporate profits and tax receipts on that corporate income. In early 2000, we saw a gap that widened and then virtually exploded.

Currently, corporate profits have never been better yet the liability of paying taxes on those profits has stayed flat. It has created the largest divergence the 2 series have had in over 65 years!"


I have written about this on occasion over the years.  You may find prior posts on this subject by clicking on the subject 'Corporate Tax' at the bottom of this posting. Or any of the other subjects as well.