26 March 2010

US Justice Department Names JP Morgan and UBS as Conspirators in US Muni Bond Fraud and Bid Rigging


The big American banks are starting to look more like criminal enterprises than a well managed financial system that is put forward as 'the envy of the world."

Just yesterday a whistle blower stepped forward and named J. P. Morgan in a price manipulation scheme in the metals markets that reaps millions in profits by cheating investors. The CFTC commissioners said in this same public meeting that the markets have never been more transparent and efficient, even as they had known of this allegation for months, and apparently failed to seriously investigate. And there was no mention of this in the mainstream media.

Until the public demands serious reform the cheating and the looting and malinvestment will continue, until the currency and bonds collapse like some Third World kelptocracy.

Time for a 'distraction?' Perhaps. But this will not solve the basic problem, that the world's largest economy is grinding lower, crushed by inefficiency and corruption. And the impact on the rest of the world may be quite serious because of the position of the Dollar as the world's reserve currency.

The Banks must be restrained, and the financial system reformed, and the economy brought back into balance, before there can be any sustained recovery.

Bloomberg
JPMorgan, Lehman, UBS Named in Bid-Rigging Conspiracy

By William Selway and Martin Z. Braun

March 26 (Bloomberg) -- JPMorgan Chase & Co., Lehman Brothers Holdings Inc. and UBS AG were among more than a dozen Wall Street firms involved in a conspiracy to pay below-market interest rates to U.S. state and local governments on investments, according to documents filed in a U.S. Justice Department criminal antitrust case.

A government list of previously unidentified “co- conspirators” contains more than two dozen bankers at firms also including Bank of America Corp., Bear Stearns Cos., Societe Generale, two of General Electric Co.’s financial businesses and Salomon Smith Barney, the former unit of Citigroup Inc., according to documents filed in U.S. District Court in Manhattan on March 24.

The papers were filed by attorneys for a former employee of CDR Financial Products Inc., an advisory firm indicted in October. The attorneys, as part of their legal filing, identified the roster as being provided by the government. The document is labeled “list of co-conspirators.”

None of the firms or individuals named on the list has been charged with wrongdoing. The court records mark the first time these companies have been identified as co-conspirators. They provide the broadest look yet at alleged collusion in the $2.8 trillion municipal securities market that the government says delivered profits to Wall Street at taxpayers’ expense.

‘Sufficient Evidence’


If the government is saying they are co-conspirators, the government believes they have sufficient evidence that they can show they were part of the conspiracy,” said Richard Donovan, a partner at New York-based law firm Kelley Drye & Warren LLP and co-chair of its antitrust practice. Donovan isn’t involved in the case.

The government’s case centers on investments known as guaranteed investment contracts that cities, states and school districts buy with the money they receive through municipal bond sales. Some $400 billion of municipal bonds are issued each year, and localities use the contracts to earn a return on some of the money until they need it for construction or other projects.

The Internal Revenue Service sometimes collects earnings on those investments and requires that they be awarded by competitive bidding to ensure that governments receive a fair return. The government charges that CDR ran sham auctions that allowed the banks to pay below-market interest rates to local governments.

CDR Fights Case

CDR, a Los Angeles-based local-government adviser, was indicted in October along with David Rubin, Zevi Wolmark and Evan Zarefsky, three current or former executives. The company and the three men have denied wrongdoing. Since last month, three former CDR employees who weren’t charged in the initial indictment have pleaded guilty and agreed to cooperate with the Justice Department.

More than a dozen financial firms are also facing civil suits filed by municipalities over the alleged conspiracy. Yesterday, U.S. District Judge Victor Marrero in Manhattan refused to toss out a lawsuit brought by Mississippi and other bond issuers....

‘Absolute Disaster’

Laura Sweeney, a Justice Department spokeswoman in Washington, declined to comment.

Banks may choose to cooperate with prosecutors because in light of the government bailout funds they’ve received “ a guilty plea would just be an absolute disaster for some of these companies,” said Nathan Muyskens, a partner at Shook, Hardy & Bacon in Washington and former trial attorney with the Federal Trade Commission’s Bureau of Competition.

“There have been antitrust investigations where there have been companies involved that were just never indicted,” he said in a phone interview.

At the same time, the government will probably focus on seeking to convict individual bankers, he said.

“When someone goes to jail for five years, that resonates,” he said. “When a company pays $200 million, it’s simply a balance sheet issue. Jail time is what captures corporate America’s attention...”

October Indictments

The indictments released in October didn’t identify any of the sellers of the investment contracts involved in the alleged conspiracy. They were identified only as Provider A and Provider B. They paid kickbacks to CDR after winning investment deals brokered by the firm, according to the indictments.

The firms did this by paying sham fees tied to financial transactions entered into with other companies, prosecutors said. Kickbacks were paid from 2001 to 2005, ranging from $4,500 to $475,000 each, according to the Justice Department.

According to the list contained in the court filing this week, the investment contracts involved were created by units of GE and divisions of Financial Security Assurance Holdings Ltd., a bond insurer formerly part of Brussels-based lender Dexia SA.

The kickbacks were paid out of fees generated by transactions entered into with two financial institutions that weren’t identified in the October court filing. The March 24 list filed by the defense named the two firms as UBS and Royal Bank of Canada..."

Read the rest of the story here.

S&P Market Indicator Downgrades US Sovereign Debt to aa+


I thought it was interesting that S&P market-derived indicator has downgraded the US sovereign debt to aa+, its lowest level in two years. Further, US credit default swaps are now showing more risk than the Eurozone.

But as the article goes on to say, the risk of a US default is improbable. Long before they reach that point they will pay off the debt through inflation, the monetization of debt. If you think that this is not possible, that they cannot do it, that 'inflation is impossible,' then you are sadly mistaken. They are already doing it, but are trying to limit its impact through aggressive perception management and a variety of accounting gimmicks. It is really remarkable to watch. People cling to what they wish to believe until it sweeps them over a precipice.

Still, there is a message in this market, and I think it is one of selective default, but also a coercion. Those who hold the debt of the US, and its Banks, will seek to rule it, even moreso than they do today.

This is nothing new. Previous generations have fought the same battle, and won. Freedom is not a place to visit, or a thing to be achieved. Freedom is a commitment, a way of life, that will endure only as long as men love it for themselves and their children, more than their weariness, or their fear, or vain comforts.

"Gentlemen, I have had men watching you for a long time and I am convinced that you have used the funds of the Bank to speculate in the breadstuffs of the country. When you won, you divided the profits amongst yourselves, and when you lost, you charged it to the Bank... Beyond question this great and powerful institution has been actively engaged in attempting to influence the elections of the public officers by means of its money...

You tell me that if I take the deposits from the Bank and annul its charter, I shall ruin ten thousand families. That may be true, gentlemen, but that is your sin. Should I let you go on, you will ruin fifty thousand families, and that would be my sin. You are a den of vipers and thieves. I intend to rout you out, and by the grace of the Eternal God, I will rout you out."

Andrew Jackson on The Second Bank of the United States which was the Central Bank of his day

I would say that there is less risk to the US sovereign debt than there is to the US Constitution.

Wall Street Journal
U.S. Is Riskier Than Euro Zone; So Says CDS Market

By MICHAEL CASEY
MARCH 24, 2010, 4:47 P.M. ET.

NEW YORK -- Something troubling has occurred in the market for default protection on the debt of the world's biggest borrower.

As the folks at Standard Poor's Valuation and Risk Strategies division noted in a research note Monday, the difference between the spread on U.S. sovereign credit default swaps and an equivalent benchmark for AAA-rated euro-zone sovereigns flipped into positive territory March 12. As U.S. CDS spreads expanded to their widest levels in two years, that cross-region gap blew out to 5.7 basis points last Friday before narrowing to 4.7 Tuesday.

Wider CDS spreads indicate that sellers of insurance against a particular issuer's default are charging more for it. In effect, the positive U.S.-versus-euro zone spread means investors think the risk of a U.S. default--however remote--is greater than that on euro-denominated sovereign debt.

So much for the view that low inflation and loose monetary policy make for a rosier debt outlook for Treasurys than for the debt of crisis-hit euro-zone sovereigns.

"We've seen CDS on U.S. Treasurys break with euro CDS before, but never to the degree we have here," said Michael Thompson, head of research for S&P's

Valuation and Risk Strategies group. "If we sit on this precipice for a time, I think a lot of market participants would see this as a bit of a shot across the bow, a bit of a wakeup" for anyone who's complacent about U.S. debt. "

Wouldn't it also challenge U.S. Treasurys' status as the so-called "risk free" benchmark? S&P didn't go there. But the report did say the trend "reflects increasing market anxiety surrounding the U.S.'s credit quality." In other words, a fiscal deficit worth 10% of gross domestic product--in the absence of a clear plan to reduce it -- matters.

My first instinct was to dismiss the trend as an anomaly fueled by the technical quirks of an illiquid sovereign CDS market, where a conflicting array of investment strategies can confuse price signals. Some market participants use CDS contracts to hedge existing positions in underlying bonds, others sell default insurance as an alternative exposure to those bonds, while still more seek to extract arbitrage profits from playing between the two.

What's more, the AAA euro-zone benchmark doesn't reflect bets on a single sovereign's debt but rather a basket of the region's six remaining AAA-rated countries: Germany, France, Austria, Finland, the Netherlands and Luxembourg.

Disentangling its message on default risk could be messy. And what, after all, can a current-day contract on a future Treasurys default tell U.S. when a U.S. breach on its financial obligations is virtually inconceivable? [The government would pay for its debt with inflation long before opting for the blunt instrument of default.]

Yet, notes Mr. Thompson, "there is real money changing hands there [in CDS markets]. And if there is real money changing hands, there has to be real value ... The market is expressing some valuable information."

Short-term moves of a basis point or two can be attributed to technical factors, but such a lasting shift in the two regions' CDS relationship "is not technical," Mr. Thompson said. "I certainly wouldn't ignore it."

Thompson's team also noted that the deterioration in U.S. default swaps meant that S&P's "market-derived signal" dropped to 'aa+,' its lowest level in two years. The historical series for that indicator is based on an established correlation with actual S&P ratings.

There's no indication that S&P's separate ratings division is about to downgrade the U.S. 's vital 'AAA' rating. But over time, ratings analysts cannot stay blind to market signals like this one. As its weighs the stimulus needs of a still-fragile U.S. economy against future risks to debt servicing costs, the U.S. government can't ignore market signals either.

Michael Casey, a special writer with Dow Jones Newswires, writes a regular column about currencies and fixed-income markets. Previously he was Newswires' Buenos Aires bureau chief and before that, assistant managing editor for the U.S. economy, Treasurys and foreign-exchange group in New York.

25 March 2010

Whistleblower Speaks Out On J. P. Morgan's Market Manipulation - Reports Violations to the CFTC in the Silver Market


Do we have another Harry Markopolos here, describing in detail the manipulation of the silver markets by J.P. Morgan to the CFTC? How does this square with the testimony today from the CFTC Commissioners, who seem to indicate that the markets are functioning extremely well, and that investor can have full confidence in them?

I am led to understand that Mr. McGuire had offered to testify before the CFTC today, and that he was refused admittance. I do not know him, or the position he is in within the trading community. I cannot therefore assess his credibility or the validity of any evidence which he may present or possess. But I have the feeling that nothing will come of this.

Remember, there was no action on the Madoff scandal until AFTER his fraud collapsed, and the government was forced to acknowledge Markopolos' existence. He had been ignored and dismissed by the bureaucrats at the SEC for years because of Madoff's power and standing with the trading establishment. And of course by those who had an interest in hiding Madoff's scheme, if nothing else, to promote 'confidence' in the markets.

What seems particularly twisted about this is that JPM is the custodian of the largest silver ETF (SLV). Is anyone auditing that ETF, and watching any conflicts of interest and self-trading? Multiple counterparty claims on the same bullion?

If you ever wanted to see a good reason for the Volcker rule, this is it. These jokers are one of the US' largest banks, with trillions of dollars in unaudited derivatives exposure, and they seem to be engaging in trading practices like Enron did before it collapsed.

Have they lost their minds, or are they just that reckless, immature, short term, and arrogant? Morgan practically holds the keys to the US Treasury, a recent recipient of billions in taxpayer support, and still receiving signficant subsidies from the Fed. They seem to be in dire need of adult supervision. Blatantly and clumsily rigging the silver market, and then bragging about it to people outside their company. What's next, bumping off grannies for their Social Security checks? Three card monte games on the boardwalk?

I was trying to understand why this item struck me so hard this evening. It shocked me in a way that few things do anymore. I think it is because I had unconsciously come to the same conclusion earlier, on my own, in the post where I showed the repeated and obvious bear raids on gold into this option expiration, and it struck a resonant chord when I read McGuire's description of the silver manipulation. I refused to believe it, but apparently there it is. The "Dr. Evil" trading strategy that Citigroup was caught using in the Eurobond markets.

I do not expect the detailed facts on this to ever reach the light of day in my lifetime. The implications are far too political.

ADDITIONAL STATEMENT BY BILL MURPHY, CHAIRMAN OF THE GOLD ANTI-TRUST ACTION COMMITTEE

HEARINGS ON THE METALS MARKETS, MARCH 25, 2010

On March 23, 2010 GATA Director Adrian Douglas was contacted by a whistleblower by the name of Andrew Maguire. Mr. Maguire, formerly of Goldman Sachs, is a metals trader in London. He has been told first hand by traders working for JPMorganChase that JPMorganChase manipulates the precious metals markets and they bragged how they make money doing so.

In November 2009 he contacted the CFTC enforcement division to report this criminal activity. He described in detail the way in which JPM signals to the market its intention to take down the precious metals<. Traders recognize these signals and make money shorting the metals along side JPM. He explained how there are routine market manipulations at the time of option expiry, Non-farm payroll data releases, and Comex contract rollover as well as other ad hoc events.

On February 3 he gave two days advance warning by email to Mr Eliud Ramirez, a senior investigator of the Enforcement Division, that the precious metals would be attacked upon the release of the non-farm payroll data on February 5. Then on February 5 as it played out exactly as predicted further emails were sent to Mr. Ramirez in real time while the manipulation was in progress.

It would not be possible to predict such a market move in advance unless the market was manipulated.

In an email on that day Mr. Maguire said "It is 'common knowledge' here in London amongst the metals traders it is JPM's intent to flush out and cover as many shorts as possible prior to any discussion in March about position limits. I feel sorry for all those not in this loop. A serious amount of money was made and lost today and in my opinion as a result of the CFTC allowing by your own definition an illegal concentrated and manipulative position to continue"

Expiry of the COMEX APRIL call options is today. There was large open interest in strikes from $1100 to $1150 in gold. As always happens month after month HSBC and JPM sell short in large quantities to overwhelm all bids and make unsuspecting option holders lose their money. As predicted in advance by GATA the manipulation started on March 19th when gold was trading at $1126. By last night it traded at $1085.

This is how much the gold cartel fears the enforcement division. They thumb their noses at you because in over a decade of complaints and 18 months of a silver market manipulation investigation nothing has been done to stop them. And this is why JPM’s cocky and arrogant traders in London are able to brag that they manipulate the market.

It is an outrage and we are making available the emails from our whistleblower, Andrew Maguire available to the Press wherein he warns in advance of a manipulative event.

Additionally Mr. Maguire informed us that he has taped recordings of his telephone communications with the CFTC for which we are taking the appropriate legal steps to acquire.

-END-

From: Andrew Maguire
Sent: Tuesday, January 26, 2010 12:51 PM
To: Ramirez, Eliud [CFTC]
Cc: Chilton, Bart [CFTC]
Subject: Silver today

Dear Mr. Ramirez:

I thought you might be interested in looking into the silver trading today. It was a good example of how a single seller, when they hold such a concentrated position in the very small silver market, can instigate a selloff at will.

(Note: This is the "Dr. Evil" trading strategy that got Citi rebuked and fined in the Euro Bond markets, and also got Enron into trouble in the energy markets. - Jesse)

These events trade to a regular pattern and we see orchestrated selling occur 100% of the time at options expiry, contract rollover, non-farm payrolls (no matter if the news is bullish or bearish), and in a lesser way at the daily silver fix. I have attached a small presentation to illustrate some of these events. I have included gold, as the same traders to a lesser extent hold a controlling position there too....

I brought to your attention during our meeting how we traders look for the "signals" they (JPMorgan) send just prior to a big move. I saw the first signals early in Asia in thin volume. As traders we profited from this information but that is not the point as I do not like to operate in a rigged market and what is in reality a crime in progress.

As an example, if you look at the trades just before the pit open today you will see around 1,500 contracts sell all at once where the bids were tiny by comparison in the fives and tens. This has the immediate effect of gaining $2,500 per contract on the short positions against the long holders, who lost that in moments and likely were stopped out. Perhaps look for yourselves into who was behind the trades at that time and note that within that 10-minute period 2,800 contracts hit all the bids to overcome them. This is hardly how a normal trader gets the best price when selling a commodity. Note silver instigated a rapid move lower in both precious metals.

This kind of trading can occur only when a market is being controlled by a single trading entity.

I have a lot of captured data illustrating just about every price takedown since JPMorgan took over the Bear Stearns short silver position.

I am sure you are in a better position to look into the exact details.

It is my wish just to bring more information to your attention to assist you in putting a stop to this criminal activity.

Kind regards,
Andrew Maguire

Read more on this, and some particular examples of silver market manipulation, here.


Market Concentration - Approximately 80% of the Precious Metal Derivatives
This is remniscent of the Oil and Steel Trusts from the turn of the 20th Century




Why Its Good to Own the Ratings Agencies (Or At Least to Have the Same Owner)


Dean Baker speaks to the issue of the US and its AAA rating.

I had considered that the Ratings Agencies might become instruments of national policy, implicated as they are in numerous scandals and misbehaviour. If you don't do the time, then you must have turned cooperative and informant in at least a soft and accommodating way.

But I had never considered this particular angle. Now there is room for doubt that they might serve the will of the US government, but there should be no doubt, given their recent history, that they are all too often willing to say and do whatever pleases Wall Street.

"....This means that if Moody’s were to downgrade the government’s debt, to be consistent it must also downgrade the debt of Citigroup, Goldman Sachs and the other big banks. If Moody’s downgrades the government’s debt, without downgrading the debt of the big banks – or even threatens to downgrade the government’s debt without also threatening to downgrade the debt of the big banks – then it is more likely acting in pursuit of Wall Street’s political agenda than presenting its best assessment of the creditworthiness of the U.S. government.

It is unfortunate that we have to suspect a major credit-rating agency of such dishonesty, but given its track record, serious people have no choice. To paraphrase an old Winston Churchill joke, we already know about the character of the bond-rating agencies, we are only asking if they are prostituting themselves now."

Dean Bakes, Will the US Lose Its AAA Rating?

The quotation that Dean Baker references from Churchill brings to mind this famous anecdote from another British wit:
George Bernard Shaw once found himself at a dinner party, seated beside an attractive woman. "Madam," he asked, "would you go to bed with me for fifty thousand pounds?"

The colossal sum gave the woman pause, and after reflection, she coyly replied: "Perhaps."

"And if I were to offer you five pounds?" Shaw asked.

"Mr. Shaw!" the woman exclaimed indignantly. "What do you take me for!"

"We have already established what you are," Shaw calmly replied. "Now we are merely haggling over price."

Today's CFTC Hearing on Metals Position Limits


Pretty much what you might expect. The gorillas hate restrictions, and threaten to take their business elsewhere if anyone tries to regulate them. Since there are only a few major metals exchanges in the world, TOCOM, LBMA, and COMEX, one might think the CFTC could pick up the phone and coordinate something with their counterparts without straining the smoothness of their golf swings.

For the most part commissioners say they are afraid of limiting transparency by increasing transparency requirements. As if there is sufficient market transparency today.

So let's not limit cheating, because it might lessen the volume of fraud on their exchanges and drive it to other countries. Let's see, like Japan, which has MORE transparency by company position, and London, which is mostly a physical market without futures as I recall. The FSA is cracking down on fraud. Maybe that will drive more business over here. Better tell them to ease up.

Perhaps the Commission is concerned that the financial pirates might try and take over Havana and turn it into their private casino. Oops, been there, tried that, too corrupt for their local standards. How about Somalia? They seem to be open to new free market trading concepts.

Gentlemen. Don't worry so much about other countries. Most of the recent financial frauds seem to be originating just to the east of the Hudson River and west of Long Island. Clean up your own house, and let the world look to its own devices.

For the most part as a regulator, the CFTC seems like the FED, but without the pocket protectors and PhD's, and the formal ownership by those whom it is supposed to be regulating.

Time for a change, America. I hate to sound negative, but if anything comes of this I will be astonished. The change will come after there is a major scandal, or a breakdown in the markets. And then the push will be to 'move on' and not look at what anyone did or did not do, but how we can 'fix it' by moving the regulatory responsibility to a committee of Chicago aldermen, or a contingent of Beverly Hills divorce lawyers. Are the Westies available for regulatory outsourcing? Hey, I know who can do it, after all, it's God's work.

What they said at CFTC hearing on metals limits

March 25 (Reuters) - The Commodity Futures Trading Commission held a hearing on Thursday to examine whether position limits are needed to curb speculation in metals futures markets.

Here are comments from participants:

GARY GENSLER, Chairman, CFTC

"Based upon what we learn, we will further review CFTC rules to determine what, if any, course of action is most appropriate." (Goldman Sachs alumni, and a Rubin protege.)

MICHAEL DUNN, Democrat commissioner, CFTC

"I am concerned that position limits in regulated futures markets without corresponding limits in the over-the-counter markets may result in less transparency in our markets, if those presently trading on exchanges move to over-the-counter and other opaque markets to circumvent CFTC regulations." (The benefit of course is that Joe Average doesn't trade on the unregulated and opaque markets, and won't be skinned on a weekly basis, or at least unless he or she is a qualified investor. Still, a decent thought.)

BART CHILTON, Democrat commissioner, CFTC

"The sensible, reasonable approach to position limits that guards against manipulation and stops excessive speculation is what we need to protect consumers.

I hope this hearing helps put us on a fast-track to getting a proposal out there." (A lone voice of reform. Bart is a man of the people.)

SCOTT O'MALIA, Republican commissioner, CFTC

"The exchanges registered with the commission are not the market's epicenter. Significant price discovery in these markets takes place abroad in London." (Let the FSA do it. Mentor is Mitch McConnell.)

"We must ensure that any rules or regulations do not offer any opportunities for regulatory arbitrage or decreased transparency of U.S. markets."

TOM LASALA, chief regulatory officer, CME Group (CME.O)

"The only impact that CFTC-imposed limits will have in the metals market will be to shift business away from U.S. exchanges to less-regulated or even wholly unregulated markets that are beyond the commission's jurisdictional reach." (Therefore one should never regulate because people will just move their business offshore. But that does beg the question of protecting AMERICAN investors and regulating THEIR markets. Very discouraging to hear this from the 'chief regulatory officer.')

DIARMUID O'HEGARTY, London Metal Exchange

"We've put a lot of work over the past 100 years to try and learn from the various mistakes in the market over the years and what we've ended up with is, I think, as good as it gets." (Got tungsten?)

JEFF BURGHARDT, Copper and Brass Fabricators Council

"It is our belief that investment funds have been the major driver behind the record high prices we have seen in many commodities in recent years, including copper."

"Increasing initial margin amounts charged to investment funds will be a more effective solution to the problem." (User Associations always want to limit the longs.)

TOM CALLAHAN, CEO of NYSE Liffe

"It is not clear that federally designed position limits for metals would have the desired effect of limiting unreasonable and abrupt price movements for these contracts just as federally set position limits for certain agricultural products did not appear to protect those products from price volatility during the recent commodity price bull run."

KEVIN NORRISH, Managing director commodities research, Barclays Capital

"Over the last 10 years, metals and energy have migrated to more transparent, better regulated markets. However, the wrong implementation could drive both the metals and energy markets back into that more opaque territory." (Always with the threats to get their way.)

JEREMY CHARLES, global head, HSBC's precious metals business

"Given the global nature of the precious metals markets, unilateral action on the part of the Commission could simply cause large market participants to shift business to other markets." (You can no longer regulate anything that takes place in your country because of globalization. Multinationals rule the world.)

JEFFREY CHRISTIAN, CPM Group

"My position is that the proposal is a mistake. Federally managed position limits seem both inappropriate and unnecessary." (perma-bear, par excellence)

RICHARD STRAIT, Triland USA, division of Mitsubishi

"In the misguided event position limits are mandated to the U.S. metals futures products, they should be applicable to the spot month only and not ... spread positions and only on an as-needed basis." (We reserve the right to manage the outer month prices.)

STEVE SHERROD, acting director of surveillance, CFTC

Citing an internal study of disaggregated commitment of traders data for COMEX, NYSE Liffe:

"In gold for all months combined and for a trader's net futures and delta-adjusted options combined position, 56 traders exceeded the position accountability levels on one or more days during the two-and-one-quarter-year sample period.

"The maximum number of traders holding positions in gold at or above the position accountability level on any one day was 26."

"Seventeen traders on average exceeded accountability levels for an average of 34 Tuesdays of the 115 Tuesdays in the sample period. The average position while over accountability levels was 20,233 contracts." (Ok we'll bite. What was the accountability level? What would happen if you set it higher to some percentage of the open interest? And what is special about a Tuesday? I'll gladly pay you Tuesday for some bullion today?)

MICHAEL MASTERS, Masters Capital Management

"Passive speculators are an invasive species that will continue to damage the markets until they are eradicated." (Who are these passive speculators, and why must we kill them? Are they getting in the way of the squid's beak?)

MARK EPSTEIN, individual trader

"If there weren't these big monster, guerrilla traders out there ... there would arrive a much more robust market-making community, the market will be much more effective in finding prices." (You say it brother.)

BILL MURPHY, Chairman, Gold Anti-Trust Action Committee

"The gold cartel ... thumb their noses at you because in over a period of complaints in 18 months of the (CFTC's) silver market manipulation investigation nothing has been done to stop them." (Well said, except I don't think those were their noses they were sticking out at them. No noses could be that small and that ugly.)

(Reporting by Christopher Doering, Frank Tank, Tom Doggett; Editing by Roberta Rampton; Editing by Marguerita Choy and Jim Marshall)

This brings to mind the famous quote from Meister Eckhart, "The price of inaction is far greater than the cost of making a mistake.”

But it is a sad reality of modern management that you are never blamed for doing nothing, and too often richly rewarded, but you are never allowed to make a mistake.

When I was in corporate life, the 'big boss' told me "If you do ninety-nine things exceptionally right, but one thing wrong, we will only remember the one thing that you did wrong."

And then he had the nerve to ask the next week in a meeting, "How can we get our employees to take more risks?"

This is the point where Obama must again begin to lead, to change the culture in Washington. The regulatory process needs the stimulus of words of direction, the proper motivational incentives, and perhaps, backed occasionally by a size 11 shoe.

NY Fed Commercial Mortgage Backed Securities Pass Fail List


Here are the CMBS that the NY FED Accepted or Rejected today, by CUSIP.

One needs a pricey subscription service or handy access to a Bloomberg terminal to look them up to determine who owns or at least authored what.

Here is a list of the owners of the CUSIP's. Obviously I cannot guarantee its accuracy. But since you are paying for this Treasury subsidy operation, I thought you might like to have at least some indication of who the recipients are.


SP Daily Chart - Backing Off Resistance at the Breakout But Still Above Support


The quiet backstory is that the Five and Seven Year Treasury Auctions did not go all that well, with Zimbabwe Ben and his Primary Dealer Pranksters scarfing up a good share of the auctions, with a chunk even going to their London subsidiaries so it would not be completely awkward.

The headline action is centered on the Dow Industrials, with the psychological 11,000 number tantalizingly close. The Industrials are the bright, shiny spinner designed to loosen the pockets of mom and pop, to lure them out of their bonds and cash, and into overpriced equities.

One really has to question whether there can be any serious market decline while Timmy is considering selling the Treasuries stake in Citi. One might even wonder if this entire ropeline rally from 1045 is not in support of a major plop of something not very palatable into the public domain.

ORCL after the bell.

On the news front, according to Zerohedge the London FSA is beginning an investigation into the front-running of block trades

We do not know if the SEC is on board with this yet. Perhaps someone can post the FSA's notice of investigation on PornHub. Maybe the US ought to consider outsourcing their Financial Consumer Protection Agency to London. It makes more sense to have it there than with the Fed.


NY Precious Metals Prices Pressured into Futures Options Expiration


As gold and silver trading in the states moves into another futures option expiration and the rollover from the April contract with first delivery notice time approaching, the paper gold market deviates once again from the world market for bullion.

As John Brimelow notes:

Intriguingly, so also may be China. Mitsui-HK today explicitly says:
“While euro tried to pull the yellow metal lower, Chinese buying wanted to push it higher”

More concretely, the Shanghai market closed at a $6.08 premium to world gold of $1,091.98, the second day of unusually high premiums. At the equivalent of 8,469 NY lots, volume actually exceeded TOCOM for the first time I can remember. Andy Smith of Bache suggested the other day that China might resort to buying gold to groom its foreign trade statistics, which he pointed out was done by Japan in the 80s and Taiwan in the 90s. Official action would not show in Shanghai, of course, but maybe the hive mind is at work.

Local Vietnam gold stood at a $27.89 premium to world gold of $1,087.20 early today (Wednesday $24.41/$1,104.20).

While on day session volume equivalent to 7,804 NY contracts TOCOM open interest slipped 2.9 tonnes (900 NY), the public added 3.67 tonnes (6.8%) to their long. The active contract added 15 yen and world gold rose $1.25 during the session to go out $3 above NY’s depressed Wednesday 4PM level.

Gold in Euros rallied fairly smoothly from the end of yesterdays’ NY aftermarket until the European open, then moved approximately sideways until 10AM NY. $US gold did the same, but more erratically. At its intraday high around 7-30 AM it was up $6.80. A raid seems now to be underway. Estimated volume at 9AM is reported to be an eye-popping 206,132 lots which if not an error will need some explaining; the CME website indicates volume at 10 AM was roughly 87,000 of which about half was done before the floor session.

With the option expiry still pending price resistance in NY is to be expected, which will greatly please the now clearly activated Eastern physical buyers.


Do you think they were banging the price lower with heavy short selling in the early hours to depress the price below the key strike prices around 1090 and more importantly, 1100? When there are no limits on positions and you have deep pockets in a fairly thin market, the opportunities for manipulating price action becomes a rather compelling temptation, especially if you think the Fed 'has your back' and expect to be bailed out by them or the Exchanges if you are ever cornered for delivery of what you have already sold.

While traders can make money just following the momentum of the big trading desks on this obvious price pattern, it does not foster confidence to see the markets so obviously pushed around, and for the regulators to be so obviously asleep at their desks (or surfing porn, as the recent investigations of the SEC have disclosed).

This is not to say that there are no government officials and regulators trying to do the right thing for the public which they serve and the oaths which they have taken. Elizabeth Warren, Chair of the TARP Oversight Program, and Bart Chilton, a CFTC Commissioner, and a Bush nominee no less, who are providing outstanding leadership on the subject of market reforms. It is would be good to see them receive more visible support from this Administration, to encourage the many in government who would be more than wiling to act, given the appropriate encouragement and leadership.

Gold April Futures Hourly Chart



Gold June Futures Hourly Chart



Gold Weekly Chart



Silver Weekly Chart



Mining Index


24 March 2010

Gold in US Dollars Correlated to US Sovereign Debt


The fundamentals supporting the long term trend.


Brown's Bottom: Was This a Bailout of the Multinational Bullion Banks Involving the NY Fed?


The bottom referred to, of course, is the bottom of the gold price, and the sale of approximately 400 tonnes of the UK's gold at the bottom of the market.

The sticky issue is not so much the actual sale itself, but the method under which the sale was taken and who benefited.
There has been widespread speculation that the manner in which the sale was conducted and announced was in support of the nascent euro, which Brown favored. This does not seem to hold together however.

There is also a credible speculation that the sale was designed to benefit a few of the London based bullion banks which were heavily short the precious metals, and were looking for a push down in price and a boost in supply to cover their positions and avoid a default. The unlikely names mentioned were AIG, which was trading heavily in precious metals, and the House of Rothschild. The terms of the bailout was that once their positions were covered, they were to leave the LBMA, the largest physical bullion market in the world.
"LONDON, June 1, 2004 (Reuters) -- AIG International Ltd., part of American International Group Inc., will no longer be a London Bullion Market Association (LBMA) market maker in gold and silver, the LBMA said on Tuesday."
LONDON, April 14, 2004 (Reuters) — NM Rothschild & Sons Ltd., the London-based unit of investment bank Rothschild, will withdraw from trading commodities, including gold, in London as it reviews its operations, it said on Wednesday.
The manner in which the sale was conducted, and the speed at which it was undertaken, without consultation of the Bank of England, made many of the City of London's financiers a bit uneasy. The sale as bailout was given impetus by this revelation which surfaced some years later.

"In front of 3 witnesses, Bank of England Governor Eddie George spoke to Nicholas J. Morrell (CEO of Lonmin Plc) after the Washington Agreement gold price explosion in Sept/Oct 1999. Mr. George said "We looked into the abyss if the gold price rose further. A further rise would have taken down one or several trading houses, which might have taken down all the rest in their wake.
Therefore at any price, at any cost, the central banks had to quell the gold price, manage it. It was very difficult to get the gold price under control but we have now succeeded. The US Fed was very active in getting the gold price down. So was the U.K."

So it appears that long before AIG crafted its enormous positions in CDS with the likes of Goldman Sachs, requiring a bailout by young Tim and the NY Fed, it may have been engaging in short positions in the metals markets, especially silver, and may have required a bailout by England to preserve the integrity of the LBMA.

There are also some who think that the gold sale provided a front-running opportunity for that most rapaciously well-connected of Wall Street Banks, Goldman Sachs. Gold, Goldman, and Gordon

This is the undercurrent of the inquiries in England today, and the controversy surrounding Brown's Bottom. There is thought that the information disclosed on the London sales will be heavily redacted to protect the involvement of the US Federal Reserve bank, which is said to have engaged in gold swaps to further depress the price, in conjunction with a major producer and a NY based money center bank. The people of the UK deserve answers.
.
UK Telegraph
Explain why you sold Britain's gold, Gordon Brown told

By Holly Watt and Robert Winnett11:55AM GMT 24 Mar 2010

Gordon Brown has been ordered to release information before the general election about his controversial decision to sell Britain's gold reserves.

The decision to sell the gold – taken by Mr Brown when he was Chancellor – is regarded as one of the Treasury's worst financial mistakes and has cost taxpayers almost £7 billion.

Mr Brown and the Treasury have repeatedly refused to disclose information about the gold sale amid allegations that warnings were ignored.

Following a series of freedom of information requests from The Daily Telegraph over the past four years, the Information Commissioner has ordered the Treasury to release some details. The Treasury must publish the information demanded within 35 calendar days – by the end of April.

The sale is expected to be become a major election issue, casting light on Mr Brown's decisions while at the Treasury.

Last night, George Osborne, the shadow chancellor, demanded that the information was published immediately. "Gordon Brown's decision to sell off our gold reserves at the bottom of the market cost the British taxpayer billions of pounds," he said. "It was one of the worst economic judgements ever made by a chancellor.

"The British public have a right to know what happened and why so much of their money was lost. The documents should be published immediately."

Between 1999 and 2002, Mr Brown ordered the sale of almost 400 tons of the gold reserves when the price was at a 20-year low. Since then, the price has more than quadrupled, meaning the decision cost taxpayers an estimated £7 billion, according to Mike Warburton of the accountants Grant Thornton.

It is understood that Mr Brown pushed ahead with the sale despite serious misgivings at the Bank of England. It is not thought that senior Bank experts were even consulted about the decision, which was driven through by a small group of senior Treasury aides close to Mr Brown.

The Treasury has been officially censured by the Information Commissioner over its attempts to block the release of information about the gold sales.

The Information Commissioner's decision itself is set to become the subject of criticism. The commissioner has taken four years to rule on the release of the documents, despite intense political and public interest in the sales. Officials have missed a series of their own deadlines to order the information's release, which will now prevent a proper parliamentary analysis of the disclosures.

It can also be disclosed that the commissioner has held a series of private meetings with the Treasury and has agreed for much of the paperwork to remain hidden from the public. The Treasury was allowed to review the decision notice when it was in draft form – and may have been permitted to make numerous changes.

In the official notice, the Information Commissioner makes it clear that only a "limited" release of information has been ordered.

Ed Balls, who is now the Schools Secretary, Ed Miliband, now the Climate Change Secretary, and Baroness Vadera, another former minister, were all close aides to the chancellor during the relevant period.

If the information is not released by the end of April, the Treasury will be in "contempt of court" and will face legal action. A spokesman said last night that the Treasury was not preparing to appeal against the ruling.

How auctions cost taxpayer £7bn

The price of gold has quadrupled since Gordon Brown sold more than half of Britain’s reserves.

The Treasury pre-announced its plans to sell 395 tons of the 715 tons held by the Bank of England, which caused prices to fall.

The bullion was sold in 17 auctions between 1999 and 2002, with dealers paying between $256 and $296 an ounce. Since then, the price has increased rapidly. Yesterday, it stood at $1,100 an ounce.

The taxpayer lost an estimated £7 billion, twice the amount lost when Britain left the Exchange Rate Mechanism in 1992.

The proceeds from the sales were invested in dollars, euros and yen. In recent years, most other countries have begun buying gold again in large quantities.

Max Keiser Reports

SP Daily Chart: The Financial Engineering of Bubble-nomics


The SP is reaching a high note here. It is an attempt, in my judgement, to pump up financial assets, led by price manipulation and not any economic fundamentals or legitimate price discovery. It might go higher, but higher from here it looks like bubble territory, if we are not there already.

Overdue for a fairly stiff correction, but do not get in front of it for the sake of your portfolio. I would not underestimate the Fed's willingness to create a new bubble to attempt to counteract the effects of the last two. What else can they do given the hole into which they have dug themselves? It will take a serious financial reform and economic restructuring effort to correct this. Until then the looting continues.


23 March 2010

Interest Rate Swap Spreads on Treasuries Turn Negative for the First Time


Does this imply that the comparable LIBOR is lower than US Treasuries? If so, yikes (I think).

Purely technical, the result of govenment mandates for insurance companies and pension funds to match duration obligations, and some slightly more exotic hedging from the denizens of the trading desks?

Some also speculate that this is one or two primary dealers leveraging their interest rate derivatives. And that they are anticipating some fresh antics from Zimbabwe Ben.

I am fresh out of speculation on this, so if anyone has a cogent insight on this, I would not mind hearing it. You know how to reach me by email.

It does looks like the mispricing of risk. And as we all know, that can leave a mark. It might not be so bad if this is just a temporary thing, but I get the sense that the government's sworn commitment to subsidizing moral hazard is poking the market's animal spirits in the ass, and the risk trade is back on.

This seems to be a recurrent trend here in the Hogfather's School of Economic Mischief and Misery.

And in the meantime, Watch the Bond Market, not Bank Lending or Velocity.

Bloomberg
Ten-Year Swap Spread Turns Negative on Renewed Demand for Risk

By Susanne Walker
March 23, 2010 12:45 EDT

March 23 (Bloomberg) -- The 10-year U.S. swap spread turned negative for the first time on record amid rising demand for higher-yielding assets such as corporate and emerging market securities.

The gap between the rate to exchange floating- for fixed- interest payments and comparable maturity Treasury yields for 10 years, known as the swap spread, narrowed to as low as negative 0.44 basis point, the lowest since at least 1988, when Bloomberg began collecting the data. The spread narrowed 3.38 basis points to negative 0.38 basis point at 12:40 p.m. in New York.

A negative swap spread means the Treasury yield is higher than the swap rate, which typically is greater given the floating payments are based on interest rates that contain credit risk, such as the London interbank offered rate, or Libor. The 30-year swap spread turned negative for the first time in August 2008, after the collapse of Lehman Brothers Holdings Inc. triggered a surge of hedging in swaps. The difference narrowed to negative 18.56 basis points today.

It’s hedge-related activity related to new corporate issuance,” said Christian Cooper, an interest-rate strategist at Royal Bank of Canada in New York, one of 18 primary dealers that trade with the Federal Reserve. “As more and more institutions receive, then swap rates will go lower.”

Interest Rate Hedging

Debt issued by financial firms is typically swapped from fixed-rate back into floating-rate payments, triggering receiving in swaps, which causes swap spreads to narrow. An increase in demand to pay fixed rates and receive floating forces swap spreads wider, provided Treasury yields are stable. Corporations that issue bonds also use the swaps market to hedge against changes in interest rates that may result in increased debt service costs.

The extra yield investors demand to own corporate bonds rather than government debt was unchanged yesterday at 154 basis points, or 1.54 percentage points, the narrowest since November 2007, the Bank of America Merrill Lynch Global Broad Market Corporate Index shows. High-yield debt returned a record 57.5 percent in 2009, and another 4.3 percent this year, according to the Bank of America index data.

“There’s a lot of money on the sidelines waiting for mortgage-backeds to cheapen up,” said Cooper. “In the absence of them getting cheaper and as the end of the buyback program comes near, people are looking for high quality spread products, so a good place to park is in swap spreads.”


22 March 2010

The Monetary Base During the Great Depression and Today


Economic commentator Marty Weiss has put out this chart with the somewhat florid headline, Bernanke Running Amuck

"Fed Chairman Bernanke is running amok, and for the first time since the birth of the U.S. dollar, our government is egregiously abusing its power to print money.

Specifically, from September 10, 2008 to March 10 of this year, he has increased the nation’s monetary base from $850 billion to $2.1 trillion — an irresponsible, irrational and insane increase of 2.5 times in just 18 months.

It is, by far, the greatest monetary expansion in U.S. history. And you must not underestimate its sweeping historical significance."


This chart with its editorial commentary are from Marty Weiss.



Here is a closer look at this monetary expansion, without the editorial comment



Is it without historical precedent? I wondered.

Let's take a look again at a prior period of dollar devaluation and monetary expansion in a period of deep recession, the period in the 1930's in which the US departed from specie currency to facilitate the radical expansion of the monetary base.



As you can see, the Federal Reserve increased the monetary base in several steps, resulting in an aggregate increase of about 155% in four years. In this chart above one can also nicely see the contraction in the monetary base, the tightening, that caused a dip again into recession in 1937.

It is also good to note that the recession ended and the economy was in recovery prior to the start of WW II, which I would tend to mark from Hitler's invasion of Poland in August, 1939. There was a military buildup in Britain before then, but I believe that the common assumption that only the World War could have ended the Great Depression was mistaken.

If real GDP is any indication, the recovery of the economy was underway, but somewhat anemic compared to its prior levels, reflected in a slow decline in unemployment. It is absolutely essential to remember that the US had become a major exporting power in the aftermath of the first World War. The decline therefore of world trade with the onset of the Depression hit the US particularly hard. But the recovery was underway, until the Fed dampened it with a premature monetary contraction that brought the country back into recession, a full eight years after the great crash. Such is the power of economic bubbles to distort the productive economy and foster pernicious malinvestment.



What prolonged the Depression in the US was the Federal Reserve's preoccupation with inflation that caused it to prematurely contract the money supply. In addition, the Supreme Court overturned most of the New Deal employment programs before the economy had fully recovered from the shock of the Crash of 1929, and the severe damage inflicted by liquidationism on the financial system and the real economy. One can hardly appreciate today the impact of repeated banking failures, with no recourse or insurance, on the public confidence.

It is instructive to look at the Consumer Price Index for that period of time to see what was motivating the Fed.



It is fair to say that the Fed made several policy errors out of a fear of inflation. Keep in mind that it was only 1933 that the Fed had been freed of the gold standard, and there was tremendous pressure from the monied interests to maintain a strong currency, as we can see, to a fault. The public interest was sacrificed to protect the pre-Crash gains of the wealthy.

The US economy had a more difficult time adjusting to the collapse and the Depression because it had been a net exporting nation in the 1920's. The decline in markets for its exports, and the constrictions in international trade symbolized in the US by the Smoot-Hawley tariffs, affected it much more than other nations that had been net importers, and which exited the Depression earlier.

With the collapse of its export business, the US would have been well-advised to stimulate its domestic markets, to help take up the slack and help to rebalance its productive capacity. In this case, domestic liquidationism was exactly the wrong thing to do. This, by the way, is why the Wall Street money men starting looking at foreign direct investments in the domestic production of recovering economies such as Germany and Italy in the late 1930's. Indeed, the search for profit was so compelling that several of the money houses, and famous men, did not stop investing with the Nazis until they were prosecuted under the Trading with the Enemy laws.

This provides an instructive example to the exporters German and China in this modern crisis perhaps. Now is the time for them to stimulate domestic markets. China must create internal markets, and Germany best try and hold the EU together and keep it healthy.

Japan is in a much more difficult circumstance because of its particular demographics and cultural homogeneity. I see no way out for them in the short term.

Here is what the monetary base did during World War II. As one can easily see, war is bad for people but good for industrial output and monetary expansion.



Expansion of the monetary base during the war was nothing short of astonishing, if one forgets that there was a significant monetization of war debts occurring, and there was less opportunity for inflation because of rationing and wage and price controls. But inflation there was, and it gained a significant leg up after the War.



Here is our real GDP chart extended through the War so one can more easily see the build up and then the flattening of growth post War.



Where Do We Go From Here?

The status quo has failed in its own imbalances and artificial distortions. But while avoiding bubbles in the first place through fiscal responsibility and restraint is certainly the right thing to do, plunging a country which is in the aftermath of a bubble collapse into a hard regime, such as the liquidationists might prescribe, is somewhat like taking a patient which has just had a heart attack and throwing them on a rigorous treadmill regimen. After all, running is good for them and if they had run in the first place they might not have had a heart attack, so let's have them run off that heart disease right now. Seems like common sense, but common sense does not apply to dogmatically inclined schools of thought.

What the US needs to do now is reform its financial system and balance its economy, which means shrinking the financial sector significantly as compared to its real productive economy. This is going to be difficult to do because it will require rebuilding the industrial base and repairing infrastructure, and increasing the median wage.

The US needs to relinquish the greater part of its 720 military bases overseas, which are a tremendous cash drain. It needs to turn its vision inward, to its own people, who have been sorely neglected. This is not a call to isolationism, but rather the need to rethink and reorder ones priorities after a serious setback. Continuing on as before, which is what the US has been trying to so since the tech bubble crash, obviously is not working.

The oligarchies and corporate trusts must be broken down to restore competition in a number of areas from production to finance to the media, and some more even measure of wealth distribution to provide a sustainable equilibrium. A nation cannot endure, half slave and half free. And it surely cannot endure with two percent of the people monopolizing fifty percent of the capital. I am not saying it is good or bad. What I am saying is that historically it leads to abuse, repression, stagnation, reaction, revolution, renewal or collapse. All very painful and disruptive to progress. Societies are complex and interdependent, seeking their own balance in an ebb and flow of centralization and decentralization of power, the rise and fall of the individual. Some societies rise to great heights, and suffer great falls, never to return. Where is the glory that was Greece, the grandeur that was Rome?

The lesser concern for the US now is globalization, new trade agreements, and its debt, which is largely held by foreigners who have provided vendor financing while using exports to build their own economies. The mercantilists are addicted to exports because it provides them the means to bring in national wealth for the benefit of a narrow elite, without empowering the masses and allowing them a greater measure of say in their government, with only a modestly improved standard of living.

This Will Not Be Your Father's Inflation

Why is this important? Because as I think is apparent in the stunning chart contained in Debt Saturation in the US Dollar Economy, the US dollar is already entering an inflationary spiral that will lead to its destruction and reissuance.



Although as you know I always allow that deflation and inflation are policy decisions, at some point a threshold can be passed, and the likelihood of one event or the other becomes more compelling. The US is at that crossroads wherein it must change, or go down the painful path of selective monetary default, of a degree different than a hyperinflation, more similar to that which was seen in the former Soviet Union, than the monetary implosion of a Weimar.

One can watch the growth of the traditional or even innovative money supply figures, and be reassured at their nominal levels, only to misunderstand that money has a character and quantity of backing, that can erode as surely as the supply of money can increase, to produce a type of inflation that comes upon a nation quickly, like a thief in the night. It will bear the appearance of stagflation, because it is caused by a degeneration of the productive economy coupled with a disproportionately increasing money supply.

A transactional economy can have all the appearance of vital growth and activity, when in fact it may be an increasingly hollow shell, a Ponzi scheme, and prone to unexpected collapse. Such a systemic collapse was almost witnessed when the US financial system was threatened by the fall of Lehman Brothers. That event was averted. But the system still remains in a precarious, unreformed state of imbalance.

What does a country have to providing a backing to its money, except its natural resources, its productive labor, and the ability to create products of value? Some countries, or more properly empires, may provide the backing for their currency through force and fraud, and a sort of indirect or de facto taxation on the many. These types of arrangements can last many years, but can disappear quickly, based as they are on conditional situations, subject to relatively sudden change.

Cutting expenses to reduce deficits is a weak attempt to reform. One does not starve themselves back to health. What is needed is growth, savings and investment, the reallocation of capital and true valuation of goods and services. The productive economy must come back into balance with the administrative sectors, those being finance and government.

At the end of the day, some of the greatest impediments to economic recovery reside in the selfish and fearful desire for control and power in rather narrow oligarchies, both in the East and the West. They were the primary beneficiaries of the status quo, and they will seek to maintain and even recreate it, even though it has proven to be unsustainable.

20 March 2010

Curtain of Tragedy Will Be Raised Soon Enough, But Perhaps Not Next in Japan


"Ninety-five percent of Japan's debt is domestically owned. Fickle foreigners have almost no sway. Indeed, Japan's problem is still an excess of savings ." (at abormally low rates of return that serve to subsidize government mismanagement and malinvestment.)

An interesting piece from the Japan Times below, raising the issue of a hyperinflationary collapse of their economy and the yen. As you know, I forecast in 2005 that a new school of economic thought is likely to rise out of the financial crisis which the world is in today. The crisis is certainly not over, despite the government propaganda and economic window dressing that is being applied. Quite likely we have only seen the end of the first Act in what is going to be a three part drama lasting about nine more years.

In particular, the understanding of money and monetary theory is still in its infancy, having been sidetracked by the ideologues in the service of corporatism and big government. In fairness, economics is difficult because there are an enormous amount of variables, and the time lags are highly significant and varied. The fact that economics is a social science with a profound impact on public policy decisions does not help advance academic research. It does seem that the field has a surfeit of economists for hire who often seem to produce studies in order to support pre-ordained conclusions and biases. The average person can only mouth the opinions given to them by television and these studies as 'proofs' of the opinions they hold so dear. Their judgement is easily led in this, since it has no depth.

Economics is a subject rarely taught in the general curriculum. A person reads a few articles by supposedly learned men, and thinks themselves in a position to pronounce broad judgements for or against anything. Those who would appear informed enjoy repeating slogans and cartoons of thought to support their biases, which they themselves do not really understand, but draw emotional comfort from them. The irony is that they are so often arguing nonsense, and against their own best interests. Such is the power of propaganda to hold up caricatures and denounce them, and energize the public to enslave themselves.

Most discussions which I read get the Japanese economic experience all wrong. There is a complete misunderstanding of the roots of their deflation, the bubble as it was occurring, their long deflation and national stagnation, the single party political system and oligarchic economic structure, and the tremendous psychological impact which defeat had on the Japanese national psyche at the end of World War II.

As I have pointed out before, deflation and inflation are part of a policy decision in a purely fiat regime. The bias is to expansion as it is in all Ponzi schemes. People constantly create artificial rules regarding the inability to expand the money supply at will. Their minds cannot accept that something which they value so highly is created out of thin air by the monied interests.

The assumptions one makes when engaging in economic analysis are all important. Data is often sketchy and selective. People take naive examples and extrapolate them into real-life scenarios, crushing their complexity. This is due to the weakness of their model.

I think the field will progress more quickly once some new insights are made, and a new model, or skeleton if you will, is struck that allows the mathematicians to begin to flesh it out again.

For now, at least in my opinion, most economic thought is impoverished since the revolutionary insights of Keynes and so many others in response to the world depression of the 1930's. The jargon that currently passes for knowledge is a sign of decadence. I find all of the schools to offer little more than caricatures of what is a highly complex and richly interactive system.

My personal opinion is that Japan will not collapse until its export mercantilism collapses, or the average age of the overly homogeneous population strangles its ability to maintain a high savings rate and a ready market for government debt at artificially low prices.

I expect the UK and a portion of the european region to founder first, and then perhaps China, which appears to be an enormous bubble, an accident waiting to happen. Its collapse may be a precipitant to collapses in the developed world. The US dollar will have its day to devalue into a reissuance, but perhaps not until Europe and the UK are sorted out first. But the dollar is a doomed currency, the vanity of vanities. All fiat currencies are doomed; they are invariably the victims of human willfulness.

The adulation which the media and financiers had showered on Mussolini and Hitler and their economic recoveries in the 1930's was widespread, as it was for Japan Inc. in the 1980's, and for China today. The crowd always gets it wrong, but it is surprising how often the monied interests and the professionals get it wrong as well, and remain stubborn in their misjudgement until they are overwhelmed by its consequences. Or perhaps that is their intention. Who can say, who can truly 'think like a criminal.' You are a prisoner of reason, balance, and natural restraint. These are creatures of their own appetites, with a hole in their being which one can barely appreciate.

The Bankers will make the world an offer which they think it will not be able to refuse. One currency, and then one government. People being irrational are not likely to take that deal, once again.

There are those who say that they very sure what is coming, what will happen, what the future will bring. For the most part they are speaking out of fear and false pride. The only certainty is that if they really knew what is going to happen, they would cast themselves down from high places in despair.

Grab something solid and hang on to it, and to the faith that sustains you. Do not be distressed if it feels as though the world has lost its reason, and is made blind, and all is deception and trial, for this is part of the process which has begun. If a war comes, then the world will lose its ability to reason in its temporary madness. We are in for a rough ride, and revelations of what is life and what is nothingness, what is true and what is false.

“When pride comes, then comes disgrace. But with disgrace comes humility, and with humility comes wisdom. The humility of the righteous will guide them, but the sly illusions of the proud will destroy them." Prov 11
People will ask, and I can only say that I do not know if this is the end time, as no one can know this. What does it matter, since surely we are all heading towards the last things and a judgement, at our own pace. But it may certainly feel like it is something more general, more momentous, at some point before our blasphemous generation puts itself back into balance with God and nature again, and the crisis has past.

As the song says, "You ain't seen nothing yet."

How to Live Before You Die by Steve Jobs


Japan Times
Government Debt Crisis: Bubble prophet fears new disaster

By REIJI YOSHIDA
March 19, 2010

Economist Noguchi warns soaring public debt may bankrupt Japan, bring back hyperinflation

Prominent economist Yukio Noguchi is one of the few who correctly predicted the collapse of Japan's bubble economy in 1987, warning the preceding euphoria was based on a major distortion in land prices.

Now the doomsday prophet is making another terrifying prediction: Japan is likely to be devastated by a snowballing public debt that will bankrupt its government and trigger catastrophic hyperinflation.

"There is little hope," Noguchi said in an interview with The Japan Times at Waseda University's Graduate School of Finance in Tokyo. "Japan's fiscal conditions are so bad, it can no longer be fixed without causing inflation. I'm very pessimistic."

Noguchi is not the only one deeply fretting the debt.

They may still be a minority, but an increasing number of economists and market players are voicing deep concerns about Japan's fiscal sustainability and fear catastrophe may strike in the near future.

Compared with Greece, Japan's gross government debt is far worse, at 181 percent of gross domestic product — the highest among the developed countries. Greece's debt-to-GDP ratio is 115 percent.

Japan's present debt-to-GDP ratio is only comparable with what it was at the end of World War II. At that time, the only way the government could reduce the debt was through hyperinflation, which wiped out much of the people's wealth with skyrocketing prices.

"I can't tell exactly what will happen (this time), but what actually happened after the war was that the price level surged 60 times in just over four years," Noguchi said.

"If the same thing happens again, a ¥10 million bank account will have the same net value of just ¥100,000 today. It's actually possible," he warned.

The alarmists even include Ikuo Hirata, chief editorial writer of the Nikkei business daily.

Hirata predicts the huge debt will eventually force the Bank of Japan to purchase Japanese government bonds on a massive scale, eroding market confidence and pushing up long-term interest rates.

A rise in long-term interest rates of even a few percentage points would sharply increase debt-servicing costs on the bonds and critically damage the government's already precarious finances.

"The curtain of the tragedy will be raised next year," Hirata warned in a Nikkei article on Dec. 21.

Pessimists like Noguchi and Hirata are still in the minority — at least for now. The yield on 10-year JGBs, their barometer, hasn't indicated any trouble yet.

"Talk of a massive JGB bubble — let alone default — is far-fetched," the Financial Times said in its Feb. 8 editorial titled "Japan's debt woes are overstated."

The editorial pointed out that, for a long time, JGB yields have been effectively fixed at the ultralow level of around 1.3 percent — compared with the 3.6 percent yield on 10-year U.S. Treasury bonds and the 4 percent for its counterpart in Britain as of Thursday.

"Ninety-five percent of Japan's debt is domestically owned. Fickle foreigners have almost no sway. Indeed, Japan's problem is still an excess of savings," the FT said.

"For some time yet, the government will not find it hard to secure buyers for JGBs. Japan's debt problem will be worked out in the family."

But most experts, including those at the International Monetary Fund, agreed that Japan's midterm future is shaky, and that the government could face difficulty financing its public debt in around 10 years.

In a July report, the IMF warned that Japan may find it "difficult" to finance its debt domestically toward 2020 because household savings are expected to keep falling in line with its rapidly graying population and declining birthrate.

Households maintained an average savings rate of more than 10 percent in the 1990s, much higher than in other developed countries. But as the aging workforce started tapping their assets to support retirement life, the savings rate — which supports Japan's fiscal deficit — fell to 2.2 percent in fiscal 2007, according to IMF figures.

Households directly and indirectly account for the financing of at least 50 percent of all outstanding JGBs, mainly through accounts and other assets at banks, Japan Post Bank and pension funds, the IMF said.

The IMF simulation indicates gross public debt could exceed household financial assets as early as 2019, which would likely force the government to seek more JGB buyers abroad, probably with a higher interest rate, since foreign investors in general demand a higher return on bonds than the ultralow 1.3 percent offered by Japan.

"The results indicate that domestic financing will likely become more difficult toward 2020, while other sources of fundings are available, including from overseas," the report said.

Masaya Sakuragawa, professor of finance at Keio University in Tokyo, recently conducted a simulation on the sustainability of the nation's public debt. His conclusion is that the only way to save Japan from bankruptcy is to drastically raise the politically unpopular consumption tax to at least 15 percent — a level he describes as "a rather optimistic scenario."

"If the debts keep increasing at the current pace, there is a possibility that (Japan) will face big trouble in around 10 years," Sakuragawa said.

The simulation examined two scenarios. The first hikes theconsumption tax to 10 percent by raising it a point a year from fiscal 2014 to 2018. The second hikes it to 15 percent, raising it over a longer period, from fiscal 2014 to 2023.

Under the 10 percent tax scenario, the debt expands forever, making sovereign bankruptcy inevitable. But the 15 percent scenario starts bringing the debt to heel in 2025.

Sakuragawa admitted the simulations weren't that realistic because they are based on some optimistic assumptions: that the social security budget won't drastically expand, interest rates will remain low, and the economy will keep growing at an annual pace of 1.5 percent.

The professor argued that a more drastic increase in tax revenues will be needed to save Japan from going insolvent, a crisis he says would wipe out much of the value of JGBs and trigger a domestic financial panic.

"The possibility is high that panic like a run on banks would break out. People would try to withdraw their money, but banks would go insolvent because they wouldn't have enough assets anymore," Sakuragawa said.

According to Sakuragawa, a dramatic rise in the consumption tax is the only viable option. Economists agree that, compared with other taxes, the sales tax would have the least impact on potential economic growth because the burden would be thinly spread to all taxpayers, he said.

Tax hikes, especially in the sales levy, are always a political taboo. When the former ruling Liberal Democratic Party introduced and then later hiked the consumption tax, it took a drubbing at election time. Even the LDP's Junichiro Koizumi — the most popular prime minister in recent memory — pledged not to touch the sales tax for fear of triggering a voter backlash.

"Koizumi should have raised the consumption tax. He had such high popularity, but he still did not want to raise the tax," said a former senior government official who was one of his closest aides.

"Japan's finances are in a stalemate. There will be no way out," he said.

Prime Minister Yukio Hatoyama, head of the ruling Democratic Partyof Japan, has pledged not to raise the consumption tax for at least four years, although key politicians in both the ruling and opposition camps have started discussing the urgency of fiscal reconstruction.

Deputy Prime Minister and Finance Minister Naoto Kan surprised the public last month by floating the idea of starting discussions as early as this month on a sales tax hike.

Kan has pledged to adopt a midterm fiscal policy framework by June and reach a conclusion on "fundamental tax reforms" by the end of March 2012. Market players are keen to see what strategy the government maps out for fiscal reconstruction.

Kan, however, told the Upper House Budget Committee on March 4 that he will stick with an expansionary budget to prop up the economy for at least "one or a few more years." He also said it is still too early in the global slump to start talking of an "exit strategy" to mop up liquidity.

"If we shift to an exit strategy too early, the results will be much worse," Kan told NHK on March 8, signaling that an immediate switch to fiscal austerity could throw cold water on the economy and reducetax revenues even further.

Keio University's Sakuragawa and many other fiscal experts remain skeptical about the government's financial future. He said the public and politicians will avoid taking bold action on government finances until a shock hits the JGB market and starts pushing up long-term interest rates.

"So the scenario that I hope will happen is that Japan will face a minor crisis first, and the people will finally realize that a government bankruptcy will have a catastrophic impact on them," he said.

"Basically, Japanese people are good (at grasping situations). So they will eventually be willing to accept a rise in the tax," Sakuragawa said.

Debt Saturation in the US Dollar Economy


The debt must be liquidated and income in the form of real wages must increase to bring this relationship back into balance.

This is going to be a dangerous path for the US monetary authority to tread, because a misstep will lead to an inflationary spiral that will surprise most economists as did the stagflation of the 1970's, which up until that point was considered to be almost impossible according to the prevailing theory of that day.

The financial engineers will keep at this until they hit they wall. If we were not in the car with them it might be a more interesting exercise to observe. The answer of course is to get out of the car as best you can.

Think of debt as a surrogate for the creation of money, in its various forms, for that is what it is. What this chart is showing is that money being creating is aenemic, and a trend that looks very much like the 'law of diminishing returns.'

This is the well spring of monetary inflation, that is, the power of money to create some substance to back it. The more dollars that are printed, the weaker their backing, without an economic vitality created by savings, investment, and labor.

This is why I would say that the US dollar is an obvious death spiral. I would not say that its demise is inevitable, merely likely.



Chart from Nathan's Economic Edge