Is JPM Covering Up a Naked Silver Short Held By China As a Claim Against the Yanks?

I freely admit that I have no inside knowledge of what is happening behind the scenes in the metals markets. But I do have a sense that things just do not seem to make sense, and the facts do not appear to fit the situation without some stretching.  

And this is one of those cases where my curiosity gets piqued. And so this seemed to be of interest to me as it might be to you.

While looking for information about the recent CFTC proposal on position limits I came across Harvey Organ's most recent report on things affecting the metals markets. As you may recall the CFTC took a 4-1 vote to send the proposal forward for market comments, with Rep Scott D. O'Malia casting the sole dissenting vote. I was specifically looking for Bart Chilton's statement on the vote which Harvey references, which is how google led me to Harvery's commentary here:

"I was intrigued with O'Malia's no vote. He seems to be wrapped up in the massive swaps by the banks and he does not know how to regulate these. He is probably scared to death if JPMorgan has to open their swap books and see the trades that I have highlighted to you to you on many occasions.

It is has been my contention all along that the real short position on silver is not JPMorgan or HSBC but mainland China. The USA needed a hoard of silver supply to compliment the banking gold supply to keep the suppression scheme alive.

China had about 300 million oz of silver inherited with the overtake of China in 1949. The gold was air-freighted to Taiwin (69 tonnes) but the silver remained in Shanghai and Beijing. In 1990 the usa had 2 billion oz of above ground silver and by 2003 their supply went to zero. They needed the Chinese supply.

Here was their supposed deal: in or around the year 2000 and events leading up to now:

1. USA gives most favoured nation treatment to China.

2. China lends silver in a swap position. China gets dollars as collateral and USA gets silver.

3. China can get their silver back at any time say past 3 or 4 years.

4. China loves the deal as they pick up gold on the cheap.

5. It is now 2010 and China want its silver back but the usa state that the silver is gone. They can keep the usa dollars in collateral.

6. China refuses and is angry. They now massively short on the comex knowing that they will not supply the metal. It is up to the bankers.

7. They [China or the Banks? - Jess] use conduits on the buy side and take delivery.

This is what O'Malia is frightened of when the CFTC sees the swap book on Morgan."

The point that both Harvey and Ted Butler have made is that China is behind the big short in silver being held by JPM and HSBC (Hong Kong and Shanghai Banking Corporation), but if pushed for delivery will throw its unsatisfied metal claim with the US on the table and will say, 'Get it from them.'

This does seem a little convoluted to me, and the first time I heard Ted mention China as principal behind the big silver short I thought it was ludicrous. Harvey Organ's explanation makes it at least plausible.

But I do think there is an element of unstated truth in this situation somewhere, and that there are serious scandals buried in the naked silver short position and the gold markets that will eventually see the light of day.

Those who can look at the structure of the silver market positions and see nothing suspicious, if not out of whack, are either talking their book or enjoying a pinch of jimson weed between cheek and gum.

Is China black-mailing the US with evidence of market manipulation in gold and silver? It sounds like the plot of some novel, but stranger things have happened when government goes into partnership with finance.

My personal bias is to stick with the simplest explanations unless more data indicates otherwise. A short selling operation at JPM gone awry, combined with significant silver shorts they inherited from Bear Stearns, has taken the bank into the position of being unable to deliver what they has already been sold.  This is complicated by the 'wink and a nod' that was likely given to the banks by a Treasury and Fed eager to keep the fat canary in the monetary coal mine from singing in the precious metals markets.

Given the current state of the US banking industry, the regulators are afraid of what a default on the Comex by the poster child of the Wall Street Banks recovery would do to investor confidence. So they are trying to kick the can down the road.  Almost seems to be a reflex reaction in Washington these days.

The more complex scenario put forward by Harvey and Ted would certainly be a case of the Chinese hanging the capitalists with the same rope which the capitalists sold to them. But I would look for a simpler solution, with an underpinning of well intentioned perception management gone bad with the taint of corruption and cover up.

As a rule of thumb, it's never the act itself, but always the subsequent cover-ups that blossom into a gut-wrenching, career-destroying scandal.

More testimony from Secretary Geithner after this message...

I remember vividly how the testimony in the Clarence Thomas-Anita Hill Supreme Court nomination hearings riveted the world's television audiences each evening. The Nixon Watergate hearings were also high drama indeed, over a much longer period of time, keeping the US locked into what Gerald Ford called a 'national agony.'

Although I was far too young to watch and understand them, I even remember the aftermath of the McCarthy Army hearings, the Red Scare, and Roy Cohn, dipping back further into history of tawdry political affairs. 

Wait until Ron Paul opens for business as the Chairman of the House Finance Service Committee and starts grilling Timmy and Ben about TARP and the banking bailouts, among other things.

There seems to be plenty of smoke coming out of the cracks in the Fed's stonewalling so far.  Likely there is a fire in there somewhere.  And don't forget there are several highly experienced legal firms with discovery orders and lawsuits in hand circling the building, looking for a way in.

This year could be interesting, maybe even 'pass-the-popcorn-Gracie' interesting.

SP 500: This Time Last Year and the January Barometer

Try not to get in front of this in case Benny decides to turn back the odometer and shift this pig into overdrive for the sake of public confidence.

"Did you know that there are two seasonal patterns with an accuracy ratio of 90% or higher? This is no joke. The numbers don't lie, but there is one caveat.

The January Barometer has a 90% rate of success. The essence of the January Barometer is simple, as January goes, so goes the year. If January is up, the entire year will be up and vice versa.

90% Accuracy - Too Good to be True?

From 1950 to 2008 this pattern has played out most of the time. There were only five times when it outright failed and seven times when it wasn't exactly accurate. According to the Stock Trader's Almanac, the Barometer has a 90% accuracy ratio. In terms of odds, that's about as good as it gets.

However, the January Barometer led investors in the wrong direction in 2001 when the S&P was down a full 13% at the end of the year after being up 3.5% in January. Again, there was a major misfire in 2003 when the S&P finished with a 26.4% gain after a 2.7% January loss.

There was a minor misfire in 2005, but the Barometer couldn't have been more wrong in 2009 and 2010. In 2009 the S&P was down 8.6% in January but ended the year with a 23.5% gain. After a 3.9% January loss last year, the S&P (SNP: ^GSPC) finished with a 12.6% gain."

ETFguide

SP 500 and NDX March Futures Daily Charts - Brits and Russia Announce Energy Alliance

Today's market commentary is included here.

On the news that JP Morgan bankers will be splitting a $10 billion bonus pool, the Robin Hood Tax campaign said it was "outrageous" that JP Morgan Chase's investment bankers are to receive an average payout of $369,651 (£233,000) for 2010. The group, which supports a global tax on banks' financial transactions, said the size of the payments were "a slap in the face to ordinary people".

"If banks can afford to pay billions in bonuses, they can clearly afford to be taxed a great deal more. A £20bn Robin Hood tax in the UK would help avoid the worst of the cuts and show we are all in this together," said David Hillman, spokesman for the Robin Hood Tax campaign.

"While bankers wallow in cash, the general public are suffering unemployment and cuts to public services," Hillman added.

The financial media news are beside themselves with the after hours news that British Petroleum and the Russian state-controlled oil giant Rosneft will be swapping spit and taking long walks in the park, with potential consequences yet to come. BP is nominally a private company, but Her Majesty's government still owns a 'golden share' which it uses to make suggestions to a number of her subjects and especially former children, as do most developed nations. Or so I have been somewhat reliably informed.

After all, the Yanks have called dibs on the Mideast. Someone has to grab the Arctic while it is still melting.

It appears to some like a pre-emptive strategic move by the Brits who have been concerned about rumours of a joint economic deal developing between Germany and Russia involving engineering expertise and energy products such as natural gas.

The couples seem to be pairing off, but the evening is still early, and the band is just warming up.

Gold Daily and Silver Weekly Charts

There was a concerted effort to drive down the price of gold and silver this week, much moreso than any usual price correction or pullback. For those that watch the markets on a daily basis such a market operation is hard to miss, but easy for the monied interest's commentators to rationalize.

Late note: The drop Thursday was due to short selling as the open interest ROSE.

"The CME Final for Thursday confirms that volume was 252,778 lots, 29.2% or 57,000 lots above estimate. Open interest rose 1,449 lots – 4.51 tonnes or 0.24% - to 590,817 contracts. Gold fell $17.05, or 093% basis stock market close. Yet it was obviously not a day dominated by long liquidation – short selling had the edge."

So why did it happen this week? Here are two theories.

The first is that JPM was given a 'green light' by the CFTC this week, which I heard from several sources. Here is a writeup on this by Chris Martenson.

CFTC Caved In to JP Morgan - Martenson

I do not know if the CFTC 'caved' in to JPM or not because I have not had time to consider the matter. I will be disappointed greatly if this is true, and if Brad Chilton was a party to it. But it is a la mode of the Obama Administration.

The second and most probable in my mind is that the US Consumer Price Index (CPI) came in much higher than expected today. The Fed and Treasury are very concerned about managing the perception of inflation, even as they levitate the stock markets on excess liquidity to manage the perception of economic recovery amidst growing foreclosures and jobs losses. I was actually on the lookout for this one since the arrival of adverse economic data is the second greatest cause of a smack down in the metals, the first being key date such as an option expiration.

"There are numbskulls in the financial media — toadies to the Federal Reserve — who would like to think that energy and food inflation do not count. Simply put, the monthly December inflation releases for the CPI-U (annualized 6.2% inflation), CPI-W (annualized 7.8% inflation) and PPI (14.0% annualized inflation) were disasters, with December inflation far from being calm, as touted in one widespread media report. The sharp increases in December energy and food prices were not due to normal price volatility in those areas, instead, they were created directly by Federal Reserve Chairman Bernanke’s ongoing push to debase the U.S. dollar — to destroy the purchasing value of the U.S. currency. As Mr. Bernanke moves to prove his contention that a central bank and central government can create inflation at will, by debasing their currency, the bad news for the Fed remains that the inflation created here reflects monetary policy distortions, not strong economic demand, as naively advertised. Then again, since much of this inflation mostly is food and energy, not yet "core," the problem of rising gasoline prices may not even be a concern for the U.S. central bank. Nonetheless, these problems are serious and are problems specifically of the United States and for the U.S. dollar.

There is little happening here that I have not written about recently (see for example Special Commentary No. 342). Since I am traveling and am heavily under the weather with a seasonal malady, this morning’s comments will be brief, but the inflation issue will be reviewed in the pending update to the Hyperinflation Special Report and supplements to same.

In the economy, it looks like the "advance" fourth-quarter GDP (January 28th) will be positive, given the numbers discussed below. Significantly, though, major negative revisions to data, such as payrolls and production, loom post-GDP reporting. As to retail sales, keep in mind that the December increase was due to higher prices, not to underlying strong demand. There remains no recovery at hand.

Increasingly, global investors will shun the U.S. dollar, as its purchasing power increasingly gets hammered by Mr. Bernanke et al. The regular gold, silver, oil and Swiss franc graphs are shown below. As investors flee from the dollar, the precious metals and stronger major currencies will continue to be the primary beneficiaries in U.S. dollar terms, irrespective of any near-term market volatility, extreme or otherwise. More-prudent economic and fiscal actions taken by major U.S. trading partners will tend to make the U.S. dollar look all the worse on a relative basis."

John Williams - Shadowstats.com

Those who do not think that the Fed and Treasury watch things like the price of gold are greatly mistaken.  Much of the current activity of financial engineering  these days revolves around the management of perceptions rather than real productive results.  Its the modern American way.

"Turn where we may, within, around, the voice of great events is proclaiming to us, 'Reform, that you may preserve!'" Thomas B. Macaulay

Please notice that I have added the possibility of a trading range developing in gold now that the uptrend appears to have been broken, although it will take another week and the January 26 option expiration to tell the whole story on this.