"The more power a government has the more it can act arbitrarily according to the whims and desires of the elite, and the more it will make war on others and murder its foreign and domestic subjects. Power will achieve its murderous potential. It simply waits for an excuse, an event of some sort, an assassination, a massacre in a neighboring country, an attempted coup, a famine, or a natural disaster, to justify the beginning of murder en masse."
R. J. Rummel, Mass Murder and Genocide, 1994
This lawsuit specifically cites JPM and HSBC as custodians of the largest silver ETFs, SLV and SIVR, and how they used that market positioning to manipulate their knowledge and market positioning as custodians of these funds to manipulate the silver price to their benefit.
The goal of this lawsuit is to move to the discovery process, and to attach itself to the ongoing CFTC and DOJ investigations into the silver market. It will be very interesting to watch this drama unfold over the coming months.
It is always worrisome when the 'house' sits down at the same table as the players and bets against them. It ought to never be permitted except in the course of making a market in limited circumstances, because as the lawsuit also illustrates, the opportunity for private collusion is beyond the scope of the regulators, especially given the ability for the house to deal in dark pools.
And of course the root of the problem is that the Wall Street banks, which had been engaged in massive frauds in subprime debt instruments, were never reformed, and in fact became even larger and more hungry, now devouring whole markets and even small nations in their search for fees and illicit profits.
Paul Volcker's vision of a return to 'narrow banking' may very well prove to have been wisdom as compared to the current financial system of unproductive mammoths still unfolding.
8. In this case, the vast majority of trading on CME/COMEX and NYSEArca was electronic. While electronic trading was intended to allow for greater efficiency and “freer” markets, it has actually provided greater opportunities to restrain trade in the markets and manipulate prices. Rather than being visible in an “open outcry” pit and subject to the scrutiny of fellow market participants, the vast majority of trading is electronic, involving traders who sit at computer-trading terminals and place orders anonymously. Thus, unlike where pit or open-outcry trading is the dominant form of placing offers and bids, nothing prevents potential manipulators in this market from signaling or outright communicating with each other to drive the market in any direction they deem fit, or from posting sham orders that are intended to drive prices in an artificial way. In other words, because of electronic trading, market participants are generally unable to police one another. Thus, defendants JP Morgan and HSBC, had an opportunity to communicate and signal to each other their market moves (i.e., conspire and
manipulate) without detection by other market participants.
11. Before the Class Period began, JPMorgan had become the custodian and an authorized participant of the largest known concentration of silver bars, the iShares Silver ETF, which holds in excess of 340 million troy ounces of silver, a sum that equals an estimated 1/3 of the total present global supply of silver bullion. As a result, it had actual knowledge of the precise whereabouts of much of the world’s known silver bar supply.
12. In approximately March 2008, JP Morgan acquired Bear Stearns, which held a very large short position in silver. With more of the total short position in silver concentrated in the hands of JP Morgan, it had a further motive to suppress prices.
13. Upon information and belief, JP Morgan works together with HSBC, the other dominant player in the silver and precious metals markets. In July 2009, HSBC became the custodian of the SIVR ETF, which meant that it had physical access to and knowledge of the silver held by that trust. Notably, it named JP Morgan as one of the sub-custodians of the SIVR ETF.
14. As a result of their participation in the silver ETFs, JP Morgan and HSBC had a direct opportunity to confer and discuss with each other the prices of silver held by each of them.
15. In addition, Defendants had a strong incentive to suppress downward the price silver as measured by the NYSE-Arca and CME/COMEX instruments. For example, Defendants could pledge their silver to the ETFs in exchange for ETF shares, sell their shares to other market participants, drive down the prices of silver through trades on NYSE-Arca and CME/COMEX, buy back their ETF shares from investors at lower prices, and return their (now lower priced) silver ETF shares in exchange for the silver bars initially pledged against those shares, the real value of which remained the same, and only notionally appears lower because of Defendants’ suppression.
There are other ETFs which have similar setups and opportunities for market manipulation by the 'custodians' and insiders. There are a few that on the surface appear to be so stacked against the buyer as to approach the level of fraud. Professional traders snigger that those who are not specifically informed enough to find this out for themselves deserve to be 'taken.' I wonder how these smart fellows would feel if the medical profession in which they and their children are customers was managed in the same way. A bull market in infant mortality and thalidomide babies?
This is not some efficient free market but a kind of hell in which no one or nothing can be trusted, a society that dissolves into mere anarchy and madness.
But in fact the common protection of the many against the more powerful, the average person against the insider, with the creation and maintenance of a public infrastructure, are the primary functions of popular government. And if you look to the governments of the developed nations against this benchmark, too many recently appear to be miserable failures.
The source of this failure and its remedy is a familiar tale to those well read in history, and is the great story of the beginning of this century.
"It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law.
But when the laws undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society — the farmers, mechanics, and laborers — who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government. There are no necessary evils in government. Its evils exist only in its abuses."
Andrew Jackson
The problem is not that government is inherently bad. The triumph of evil is always when good men and women do nothing, or even worse, allow themselves to be co-opted by their selfish interests into a system of injustice. No one can control the madness, the will to power, the insatiable hunger to possess. In the end it will always come for them and what they hold most dear, and consume it.
Stocks were selling off in Europe this morning, and the US opened lower as well, chilled not only by the New York winter storm, but by the interest rate increase in China.
AIG is reported to be receiving private financing, and this led the financials and the SP futures higher on very thin holiday volumes. The market closed unchanged to higher.
I got a bit of a 'kick' out of the market today watching the VIX insurance plays rise with the SP futures in an obvious paired trade. Someone does not believe in this rally. It looks like a puffball fueled by the SP futures.
Price manipulation with a purpose in my humble opinion. End badly and all that. Frauds and fees are the primary US exports.
Freedom is not the ability to do whatever we wish when we wish however we wish, to serve our passions as ends unto themselves, to be rude and demeaning to those who we think are weaker at the moment. This self indulgence is the act of small and mean spirited souls when they yearn to show that they have a little power.
True freedom is to know what is good, what is the right thing to do, and to have the will to do it, even when it goes against our selfish inclinations. It is to free ourselves from fear and all those things that hold us down, which prevent us from finding and fulfilling our part in the great renewal of creation and the triumph of life over death, of being over nothingness.
The most powerful in the eyes are the world are often the most enslaved, victims of basest passions, servants to the most undeserving and meanest of ambitions, lashing out in their insatiable misery. With obeisance they serve and nuture the willfulness that delivers them first up to slavery to themselves, and then to darker powers, and finally into the jaws of self destruction.
The paradox of life is that we hate what we fear, but we eventually become what we hate, because it occupies so much of our energy and mind. It makes a place for itself in our hearts. When the adversary of all goodness interwines his fingers with ours, whispering sweet words of power and fame, of hatreds and passions slacked, he slowly tightens his grip and holds fast, and then we are his.
"When I despair, I remember that all through history the ways of truth and love have always won. There have been tyrants, and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it. Always." Mahatma Gandhi
WSJ In Hoc Anno Domini By Vermont C. Royster
December 24, 1949
When Saul of Tarsus set out on his journey to Damascus the whole of the known world lay in bondage. There was one state, and it was Rome. There was one master for it all, and he was Tiberius Caesar.
Everywhere there was civil order, for the arm of the Roman law was long. Everywhere there was stability, in government and in society, for the centurions saw that it was so.
But everywhere there was something else, too. There was oppression -- for those who were not the friends of Tiberius Caesar. There was the tax gatherer to take the grain from the fields and the flax from the spindle to feed the legions or to fill the hungry treasury from which divine Caesar gave largess to the people. There was the impressor to find recruits for the circuses. There were executioners to quiet those whom the Emperor proscribed. What was a man for but to serve Caesar?
There was the persecution of men who dared think differently, who heard strange voices or read strange manuscripts. There was enslavement of men whose tribes came not from Rome, disdain for those who did not have the familiar visage. And most of all, there was everywhere a contempt for human life. What, to the strong, was one man more or less in a crowded world?
Then, of a sudden, there was a light in the world, and a man from Galilee saying, Render unto Caesar the things which are Caesar's and unto God the things that are God's.
And the voice from Galilee, which would defy Caesar, offered a new Kingdom in which each man could walk upright and bow to none but his God. Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me. And he sent this gospel of the Kingdom of Man into the uttermost ends of the earth.
So the light came into the world and the men who lived in darkness were afraid, and they tried to lower a curtain so that man would still believe salvation lay with the leaders.
But it came to pass for a while in divers places that the truth did set man free, although the men of darkness were offended and they tried to put out the light. The voice said, Haste ye. Walk while you have the light, lest darkness come upon you, for he that walketh in darkness knoweth not whither he goeth.
Along the road to Damascus the light shone brightly. But afterward Paul of Tarsus, too, was sore afraid. He feared that other Caesars, other prophets, might one day persuade men that man was nothing save a servant unto them, that men might yield up their birthright from God for pottage and walk no more in freedom.
Then might it come to pass that darkness would settle again over the lands and there would be a burning of books and men would think only of what they should eat and what they should wear, and would give heed only to new Caesars and to false prophets. Then might it come to pass that men would not look upward to see even a winter's star in the East, and once more, there would be no light at all in the darkness.
And so Paul, the apostle of the Son of Man, spoke to his brethren, the Galatians, the words he would have us remember afterward in each of the years of his Lord:
Stand fast therefore in the liberty wherewith Christ has made us free and be not entangled again with the yoke of bondage.
h/t to Catherine Austin Fitts for introducing me to V. Royster's writings and for being a light in her own life and writings at Solari.
I hope everyone has the opportunity to see "Inside Job" in the months ahead.
The issue is not settled. As someone who watches the markets closely every day, often tick by tick, and speaks to market participants around the world, I see an accident waiting to happen in the US financial system. And it is surprising, almost shocking, that it receives so little attention while there is so much focus on the relatively trivial.
We have just witnessed one of the greatest financial frauds in modern history. Where are the indictments? Where is the reform?
It concerns me greatly because it is such a important economy. Such a failure would have unsettling collateral damage on the rest of the world not only because of its size, but through the transmission mechanism of the dollar reserve currency which is pervasive in trade and in most central bank holdings.
Like its cronies on Wall Street, the government in Washington thinks it is Too Big To Fail. It may very well be. But propping it up is probably too great of a task for the rest of the world to bear indefinitely. And so we may have an uneasy year or two ahead.
There is quite an effort to keep the lid on gold and silver here. I suspect that it is part of the holiday window dressing. Those with large short positions do not want to mark their losses to market for year end at higher valuations.
Let's see how long they can comfortably stand on these markets.
I think we are in the calm ahead of the gathering storm.
I started building positions in gold and silver bullion on weakness yesterday and today, hedging them with short stocks positions and long volatility in the VIX.
As of today, the adults have left the building and the kids are managing the desks. So I do not expect anything profound before January unless there is some exogenous development. Volumes are thin and liquidity is plentiful.
A massive shift in fund flows has been underway among individual investors since the 'flash crash' as they flee US bond and equity funds in favor of offshore investments, gold, silver, and other commodities.
Charles Biderman, CEO of TrimTabs Investment Research, has the details and a theory that QE2 is supplying the liquidity to support US stocks at artificially high prices. Biderman says that the government is 'rigging the market.' He wonders what will happen when this monetary support falters. I myself wonder if the TBTF banks are using the Fed monies to build up assets in a pyramid scheme that will do further damage to institutional monies like 401k, insurance, and pension funds. Typically in Ponzi schemes there is a violent market correction back to a sustainable equilibrium.
Could Wall Street peddle fraudulent instruments and cause serious damage to the real economy in order to line their own pockets with fees and bonuses while the government and regulators look the other way?
Uh, how do you think you got here in the first place? Nothing has really changed as a consequence of the failure to reform and allow the system to take its losses. All the individual can do in such an environment of insider trading and artificial pricing is to protect themselves, which is what it appears many individual US investors are doing by shunning US funny money paper and placing their wealth in safer investments overseas, in commodities, and precious metals if Mr. Biderman has his facts straight.
Yes, there is plenty of short term, high risk, cynical money to be made in US equities as in any pyramid scheme while it is building. But one has to know when to get out with a profit. It will be hard to beat the pros to the exits when the time comes.
Following the Fund Flows - Charles Biderman of TrimTabs on CNBC
Airtime: Thurs. Dec. 23 2010 | 4:13 PM ET
Let us pray for those whose hearts are hardened against His grace and loving kindness by greed, fear, and pride, and the seductive illusion and crushing isolation of evil.
We pray that we all may experience the three great gifts of our Lord's suffering and triumph: repentance, forgiveness, and thankfulness. And in so doing, may we obtain abundant life, and with it the peace that surpasses all understanding.
It is available for your use at no cost, but with attribution and a link to the original posting.
I make every attempt to respect the rights of others. If you feel that something here has infringed your work please let me know and I will correct it immediately. It is not always easy to determine the status of material posted to the Internet with regard to fair use and public domain.
