Legal Outline for Suit Against CFTC For Failing to Complete Investigation on Silver Manipulation

cftcBecause of the recent furious decline in value of real and paper silver, and the belief by many that manipulation is the major (if not only) cause, I have been asked what might be done to force the non-regulating regulator, the CFTC, to begin regulating in regard to the existing concentration.

After studying the silver futures market since the days of C.V. Myers—and focusing on it intensely for the past several years—my opinion is that if there has been, and currently is, a concentration in the silver market, it would constitute not only manipulation but consequently the disruption of market integrity, and the prevention of fair competition among silver investors, speculators, hedgers and others. Certainly, the esteemed Ted Butler has made an overwhelming case that there has been, and currently is, such a concentration/manipulation.

In light of the CFTC’s foot-dragging in concluding its unreasonably delayed investigation and/or required report concerning concentration /manipulation, I have been considering how to break the self-created CFTC log-jam that has caused incalculable financial losses as a result of the uncertainty engendered by the apparently languishing investigation.

As I will fully develop below, a lawsuit is feasible that will force either the Director of Investigations and/or the Commission itself to disgorge the Report of the CFTC’s four-year-plus investigation into concentration in the silver futures market. The hope would be that the investigation’s conclusions, either way, will allow investors, speculators, hedgers and others to make rational decisions, unlike currently when the concentration skewers free market choices and decisions.
Below is only the outline for a lawsuit, not the Petition itself.
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Bankster Backer Jill Sommers Resigns From CFTC

CFTC Commissioner Jill Sommers, who is famous for voting in favor of TBTF bankers interests nearly 100% of the time has just announced her resignation from the CFTC.

In other news, The Vampire Squid and The Morgue are duking it out vying for an alumni to replace Sommers.

Full statement below: [Read more...]

CFTC Announces Real-Time Public Reporting of Swap Transactions and Swap Dealer Registration Began December 31, 2012

cftcThe CFTC has announced that live reporting of Swap transactions and swap dealer registration began on December 31st 2012.
Our banker friends had lobbied extensively to delay or cancel the implementation of these requirements of the Frank/Dodd legislation, whining that they would be too costly to enact.  In reality, the cockroaches did not wish to have the light of day shining in the corner where they congregate.

Jamie & Lloyd cannot be pleased.  Wasn’t lobbying the regulatory agencies part of Blythe’s new job description? [Read more...]

CA Attorney: Silver Manipulation Suit Dismissed Because Corrupt CFTC Has Left Investigation Open

A California attorney has dissected the recent ruling by 90 year old judge Robert P. Patterson Jr. dismissing the class-action lawsuit alleging manipulation of the silver market.
He concludes that the entire purpose of the delay in the CFTC’s nearly 5 year investigation of silver manipulation is so that the courts can rule that the government agency in charge of investigating market manipulation has not ruled that any market rigging has occurred, and thus the courts cannot become involved in civil litigation.

Now that the class action suit has been dismissed, he states to expect an announcement by the CFTC regarding the wrap up of their silver investigation- pending the appeal of the District Judge’s ruling.

MUST READ!!! [Read more...]

Gold & Silver COT Report 12/28/12: Commercials Cover 43 Million Ounces of Silver Shorts into Price Smash!

silverCOTBy SD Contributor Marshall Swing:

Gold & Silver COT Report 12/28/12

Commercial longs rose a huge 3,955 on the week and covered an even larger 4,676 shorts to end the week with 48.07% of all open interest, an imperceptible decrease of -0.02% in their share since last week, and now stand as a group at 233,540,000 ounces net short, which is a massive decrease of over 43,000,000 net short ounces from the previous week!

Historically, with silver now at $30 and the commercial net short position at about 233 million ounces, the last time their net short position was similar was the closing of September 11 yet price was about $33.50  Couple that information with the massive long buying by the commercials and I feel safe to say the bottom is in for the short term
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Friday Humor: CFTC Mission Statement

While we have posted this previously, we thought it apropos to re-post the CFTC’s Mission Statement at the end of a week that saw the most blatant and egregious market manipulation of gold and silver since the May 2011 take-down.

CFTC’s full Mission Statement (in polished granite) below: [Read more...]

Financial Innovation: A Risky Business? Blythe Masters Defends Derivatives at Columbia Debate

When the $1 QUADRILLION plus derivatives market fails, the inventor of the financial weapon of mass destruction known as the derivatives market- Blythe Masters could quite literally surpass Lenin and Mao Tse-tung as the person responsible for the greatest loss of human life in history.
The Columbia Business School recently conducted an interactive debate entitled “Financial Innovation: A Risky Business?with the aforementioned Blythe Masters of JPMorgan, along with Barny Frank, Gary Gensler, and a panel of experts debating the merits of financial innovation.

The one thing we can say with certainty after watching the 65 minute discussion/debate: (other than that there is a reason that Joe-6 Pack has no comprehension of what is facing the derivatives and entire financial market when the first domino fails) is don’t expect the CFTC led by Goldman alum Gensler to take ANY action against Blythe’s commodities division at JPM over alleged silver manipulation.

Full nausea inducing discussion on the merits of financial innovation below:
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CFTC Files Charges Against 12 Firms for Selling Phantom (Paper) Gold & Silver

The CFTC has filed a civil injunctive enforcement action in US District Court against 12 commodities firms for allegedly selling phantom precious metals to clients.  The CFTC complaint states that:  The defendants claim to sell physical metals, including gold, silver, platinum, palladium, and copper, to retail customers in retail commodity transactions. Under the defendants’ retail commodity transactions investment contract, customers allegedly make a down payment on certain quantities of physical metals, usually 25 percent of the total purchase price. Defendants allegedly claim to arrange loans for the balance of the purchase price, and advise customers that their physical metals will be stored in a secure depository.

The complaint further alleges that these statements were false, and that the defendants do not purchase any physical metals, arrange loans for their customers to purchase physical metals, or arrange for storage of physical metals for any customers participating in their retail commodity transactions. Instead, all the transactions are just paper transactions.

Sounds remarkably like the COMEX.

The Consumer Fraud Advisory further cautioned consumers that leveraged commodity transactions are unlawful unless executed on a regulated exchange.

Ah, it is remarkably like the COMEX, except the 12 firms charged are not a part of the good ole boys club.


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CFTC APPROVES POSITION LIMIT APPEAL

The CFTC voted 3-2 Thursday to move forward with an appeal of a federal district judge’s September ruling vacating the position limits rule mandated by Dodd-Frank and approved by the CFTC.

Anyone believe Mr. Dimon and Mr. Blankfein do not have appeals judges in their pocket as well? [Read more...]

Libor-Like Manipulation Possible in Other Benchmarks- Goldman’s Gensler to Investigate

Bloomberg writes today that authorities are scrutinizing other benchmarks and markets for signs of manipulation in the wake of the LIBOR scandal.
Don’t worry, Goldman’s own Gary Gensler is on the hunt…just as soon as he gets around to completing the going-on-5-year silver investigation supposedly being conducted by the CFTC, which was supposed to have been concluded by September.

 

The same lack of oversight that enabled traders to manipulate the London interbank offered rate plagues other benchmarks around the globe, according to a group of international securities regulators. [Read more...]