Gold and silver consolidated into overhead resistance today after the big run this week.
Intraday commentary on the NAV and on Why a Gold Crisis Looms.
See you Sunday evening.
"You have accepted things you would not have accepted five years ago, a year ago, things that your father, even in Germany, could not have imagined. Suddenly it all comes to be, all at once. You see what you are, what you have done, or more accurately what you haven’t done. For that was all that was required of most of us: that we do nothing. You remember everything now, and your heart breaks. Too late. You are compromised beyond repair."
Milton Mayer, They Thought They Were Free
"Private equity fund managers are compensated in two primary ways: management fees and carried interest. The management fee, traditionally two percent annually, is paid to the managers to cover overhead, salaries, and so forth. The carried interest, traditionally twenty percent, is a share of the profits from the underlying investments. My paper Two and Twenty described the typical arrangement.
Management fees are taxed at ordinary income rates; carried interest is often taxed at capital gains rates (around 15 percent - Jesse). I focused in the article on why the carried interest portion is better viewed like bonus compensation and should be taxed at ordinary income rates.
Current law on carried interest is already a sweetheart tax deal for private equity, but why not make it better? Private equity folks are not the type to walk past a twenty-dollar bill lying on the sidewalk.
In the 2000s it became common for private equity fund managers to “convert” their management fees into carried interest. There are many variations on the theme, but here’s how many deals worked: each year, before the annual management fee comes due, the fund manager waives the management fee in exchange for a priority allocation of future profits. There is minimal economic risk involved; as long as the fund, at some point, has a profitable quarter, the managers get paid. (If the managers don’t foresee any future profits, they won’t waive the fees, and they will take cash instead.)
In exchange for a minimal amount of economic risk, the tax benefit is enormous: the compensation is transformed from ordinary income (taxed at 35%) into capital gain (taxed at 15%). Because the management fees for a large private equity fund can be ten or twenty million per year, the tax dodge can literally save millions in taxes every year.
The problem is that it is not legal. Because the deals vary in their aggressiveness, there is some disagreement among practitioners about when it works and when it doesn’t. But in my opinion, and the opinion of many tax practitioners, the practices that were common in the private equity industry in the 2000s became very, very questionable, and it’s unlikely that they would have stood up in court.
Gawker today posted some Bain documents today showing that Bain, like many other PE firms, had engaged in this practice of converting management fees into capital gain. Unlike carried interest, which is unseemly but perfectly legal, Bain’s management fee conversions are not legal. If challenged in court, Bain would lose. The Bain partners, in my opinion, misreported their income if they reported these converted fees as capital gain instead of ordinary income."
Victor Fleischer, Romney’s Management Fee Conversions
Read the entire article here.
"The World Gold Council recently released its second quarter statistics on gold “demand and supply trends”. For those not familiar with the WGC, it is an “industry trade group” composed of large-cap gold miners who love bankers.
How much do these mining companies love bankers? So much that they allow the bankers to keep all the records for their sector, and pretty much do all of their of their promotion to the world. It is the WGC which elevated two private “consultancies” (of bankers) – GFMS and the CPM Group – to the status of quasi-official record-keepers for the entire global gold (and silver) industry.
It would be problematic at best for the gold industry to allow itself to be almost entirely represented by a “profession” now known only for its rampant fraud. However, given the known hatred of the banking community toward gold and silver, and their relentless attacks on both the bullion market and the miners themselves; it’s almost beyond comprehension that the world’s largest gold miners choose bankers as their spokesmen.
I’ve already exposed the devious/perverse manner in which these consultancies produce phony inventory numbers in the silver market. In the upside-down world of these “record-keepers”, when someone purchases an ounce of silver from a silver-ETF (and thus takes that ounce of silver off of the market), the CPM Group adds another ounce to total inventories.
In other words, if silver investors were to buy-up every ounce of silver currently available in the world (via silver-ETF’s), global silver inventories would supposedly double, while if silver-ETF holders were to sell all their holdings it would (apparently) collapse inventories..."
Jeff Nelson, Why a Gold Crisis Looms
"Sprott's Physical Silver Trust reported receiving 320,000 ounces of silver yesterday...and still has over a bit over a million ounces left to be delivered from their latest offering. Since they got the first tranche on July 11th, they have received just under seven million ounces...and since they purchased a bit more than eight million ounces, they're just awaiting the balance...44 days [6+ weeks] since receiving the first shipment. It will be interesting to see how long it takes to get the rest. From this information it should be obvious that good delivery bars are not exactly laying around."
A credibility trap is when the regulatory, political and/or informational functions of a society have been compromised by a corrupting influence and a fraud, so that they cannot address the situation without implicating, at least incidentally, a broad swath of the power structure. The status quo has at least tolerated the corruption and the fraud, if not profited directly from it, and most likely continues to do so. The power brokers have become susceptible to various forms of blackmail. And so a failed policy can become almost self-sustaining long after it is seen to have failed, and even become counterproductive, because admitting failure is not an option for those in power.Another example is the blatant fraud, and principles not of productivity but of prey, that prevail on the financial asset exchanges and the monetary system, the stealing of customer funds, and the manipulation of commodity markets such as silver. And it expresses itself in the frivolous coarseness of spectacle, and careless brutality of decline.
"Happy Hunger Games. And may the odds be ever in your favor."Normally a two party system or a balance of powers would correct such a situation, but if the fraud is pervasive and enduring enough, those remedies can lose their effectiveness since the fraud binds even seemingly diverse elements in its grasp. And therein lies the trap.
"You can often, and I would say more often than not, in leading opinion-making elite circles, find an expressed renouncement or repudiation of that principle [of the rule of law]...All of these acts entail very aggressive and explicit arguments that the most powerful political and financial elites in our society should not be, and are not, subject to the rule of law because it is too disruptive, it is too divisive, it is more important that we should look forward, that we find ways to avoid repeating the problem...the rule of law is not that important of a value any longer...And thanks to the apathy of the people and the gullibility of the badly used, self-proclaimed 'patriots' they are winning.
The law is no respecter of persons, but the law is also a respecter of reality, meaning if it is too disruptive or divisive that it is actually in our common good, not the elite criminals, but in our common good, to exempt the most powerful from the consequences of their criminal acts, and that has become the template used in each of these instances."
“The disposition to admire, and almost to worship, the rich and the powerful, and to despise, or, at least to neglect, persons of poor and mean condition is the great and most universal cause of the corruption of our moral sentiments.”Such unsustainable social arrangements are backed by force and fraud. And as the fraud loses its power over time, force must increase, until there is an end in genuine reform, or a terrible self-destruction.
Adam Smith
An anonymous blogging site with a pleasant relaxed feel ("an oasis of civility in an increasingly uncivil world", the site includes images from the Café's signature dishes in the left margin), wry humour and a global readership. Jesse has a strong interest in reining in the banks and reforming economics and incorporates some stunning graphs into his blog posts.I don't feel as resigned as exasperated at times. But that is the nature of a sea change which happens slowly and quietly over a long interval until one suddenly notices it and, voilà.
However in a a recent, somewhat resigned post, he wrote: "I do not think the US is ready to insist on serious reform. It will take another crisis. The anti-regulatory slogans are too effectively ingrained in the public psyche. And self-deception is a powerfully addictive state of mind. Especially for those whose expansive lifestyles depend on it."
Q. If you could travel back in time and change something in the financial world that would benefit society, what would it be?Enjoy.
A. I would help Alan Greenspan achieve a wonderfully rewarding career as a professional clarinetist.
And then I would skip forward ten years or so and stop the Bankers' campaign to repeal Glass Steagall.
"The transnational corporations and the money markets have declared the era of human-designed regulations over. Now the market must reign. Because few people in the business community are paid to think about phrases such as 'western civilization,' they don't seem to realize that they are proposing the arbitrary denial of 2,500 years of human experience...
Ever since the democratic systems permitted their various courts to give corporations the status of persons, the individual as citizen has been on the defensive. How could it be otherwise? If you are a person before the law and Exxon or Ford is also a person, it is clear that the concept of democratic legitimacy lying with the individual has been mortally wounded...
If allowed to run free of the social system, capitalism will attempt to corrupt and undermine democracy, which is, after all, not a natural state...Capitalism was reasonably content under Hitler, happy under Mussolini, very happy under Franco and delirious under General Pinochet."
John Ralston Saul
“The powers of financial capitalism had a far-reaching aim, nothing less than to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole. This system was to be controlled in a feudalist fashion by the central banks of the world acting in concert, by secret agreements arrived at in frequent meetings and conferences."
Carroll Quigley, Tragedy and Hope
"Bankers: Pillars of society who are going to hell if there is a God and He has been accurately quoted."
John Ralston Saul
"God's temple in heaven was opened, and the ark of his covenant could be seen. And there came flashes of lightning, rumblings, peals of thunder, earthquakes, and severe storms.
A great sign appeared in the sky, a woman clothed with the sun, with the moon under her feet, and on her head a crown of twelve stars."
"Narcissism is a failure not of conscience but of empathy, which is the capacity to perceive emotions in others and so react to them appropriately. The poor narcissist cannot see past his own nose, emotionally speaking, and as with the Pillsbury Doughboy, any input from the outside will spring back as if nothing had happened.
Unlike sociopaths, narcissists often are in psychological pain, and may sometimes seek psychotherapy. When a narcissist looks for help, one of the underlying issues is usually that, unbeknownst to him, he is alienating his relationships on account of his lack of empathy with others, and is feeling confused, abandoned, and lonely.
He misses the people he loves, and is ill-equipped to get them back. Sociopaths, in contrast, do not care about other people, and so do not miss them when they are alienated or gone, except as one might regret the absence of a useful appliance that one has somehow lost.”
Martha Stout, The Sociopath Next Door
"Even psychopaths have emotions. Then again, maybe not...Killing is killing whether done for duty, profit, or fun."
Richard Ramirez, The Night Stalker
"I have no desire whatever to reform myself. My only desire is to reform people who try to reform me...I don't believe in man, God nor Devil. I hate the whole damned human race, including myself. I preyed upon the weak, the harmless and the unsuspecting. This lesson I was taught by others: might makes right.”
Carl Panzram, Diary of a Monster
“Everyone is talking about the culture, the culture, and all that, and it’s just not true. Most bankers are decent, honorable people. We’re wrapped up in all this crap right now.
We made a mistake. We’re sorry. It doesn’t detract from all the good things we’ve done. I am not responsible for the financial crisis. I hate to tell you. We were a port of safety in the storm.
I find it unbelievable that that is the general theme—that you have to walk in a room and act like you are responsible for things you are not responsible for.
I’m an outspoken defender of the truth.
Everyone is afraid of retaliation and retribution. We recently had an event with a hundred small bankers here, and 85 percent of them said they can’t challenge the regulation because of the potential retribution. That’s a terrible thing. Okay?
This is not the Soviet Union. This is the United States of America. That’s what I remember. Guess what. It’s a free. Fucking. Country.”
Jamie Dimon, Interview with New York Magazine
“The suspicions that the system is rigged in favor of the largest banks and their elites, so they play by their own set of rules to the disfavor of the taxpayers who funded their bailout, are true. It really happened. These suspicions are valid.”
Neil Barofsky
"Being an anchor is not just a matter of sitting in front of a camera and looking pretty."
"News is what somebody somewhere wants to suppress; all the rest is advertising." Lord Northcliffe