Showing posts with label MF Global. Show all posts
Showing posts with label MF Global. Show all posts

Friday, 17 August 2012

Max Keiser on Assange and Jon Corzine


Max Keiser puts the Assange case into context

Assange or Corzine?


16 August, 2012

Priorities are a bitch.
The United States won’t prosecute Corzine for raiding segregated customer accounts, but will happily convene a Grand Jury in preparation for prosecuting Julian Assange for exposing the truth about war crimes.


From the New York Times:

A criminal investigation into the collapse of the brokerage firm MF Global and the disappearance of about $1 billion in customer money is now heading into its final stage without charges expected against any top executives. After 10 months of stitching together evidence on the firm’s demise, criminal investigators are concluding that chaos and porous risk controls at the firm, rather than fraud, allowed the money to disappear, according to people involved in the case.


But nobody knows how much dirt Corzine has on other Wall Street crooks. Not only may Corzine get away with corzining MF Global’s clients’ funds, he may well end up with a whole raft of seed money to play with from those former colleagues and associates who might prefer he remain silent regarding other indiscretions he may be aware of.

But the issue at hand is the sense that we have entered a phase of exponential criminality and corruption. A slavering crook like Corzine who stole $200 million of clients’ funds can walk free. Meanwhile, a man who exposed evidence of serious war crimes is for that act so keenly wanted by US authorities that Britain has threatened to throw hundreds of years of diplomatic protocol and treaties into the trash and raid the embassy of another sovereign state to deliver him to a power that seems intent not only to criminalise him, but perhaps even to summarily execute him. The Obama administration, of course, has made a habit of summary extrajudicial executions of those that it suspects of terrorism, and the detention and prosecution of whistleblowers. And the ooze of large-scale financial corruption, rate-rigging, theft and fraud goes on unpunished.

Saturday, 16 June 2012

Financial corruption


Four Bullet Points Explaining How JPMorgan Doubled Its Money From MF Global's Corpse In Seven Months


15 June, 2012


Don't read this if you have high blood pressure or if you are a client of MF Global's, whose money is still held by JP Morgan.
  • JPMorgan is put on MF Global bankruptcy committee on November 7, 2011

  • Two weeks later, JPMorgan buys MF Global's 4.7% in LME for 39 million in a "competitive bidding" process

  • 7 months later, on June 15 2012 the LME gets an offer for $2.2 billion from China's HKEX, making JPM's stake worth $103 million

  • JPMorgan makes over 100% cash on cash return in 7 months while MFGlobal money is still stuck at JPM.
In the meantime, Jon Corzine was, is and will always be a free man.

* * *
P.S. the topic of why China is buying the world's biggest metals exchange, one which in a lovely harbinger of things to come 2 months ago very symbolically replaced Sterling settlement with Renminbi, is a different matter entirely.


One which just may have to do with the fact that domestic Chinese companies have unprecedented stockpiles of everything, pledged as collateral everywhere. Collateral whose prices would be easier to manipulate if one also controlled the exchange where they all trade...



Want To Make Risky Trades with No Brakes? Go To London
Pop quiz time. Which U.S.-based financial services firm used the U.K. to make losing trades that caused embarrassment, regulatory scrutiny and much worse: MF Global, AIG, Lehman Brothers, or JPMorgan?

Answer: All of the above.


14 June, 2012

JPMorgan Chase's chief investment office was set up bi-nationally, with traders in the U.S. and the U.K. It looks like that was the only smart thing Jamie Dimon did here. This business unit put on huge positions in credit derivatives that were rationalized as a "portfolio hedge" but grew unmanageable under minimal supervision and lax controls. The bank's risk appetite grew out of sight of U.S. regulators and out of the mind of U.K. watchdogs.
AIG's Financial Products Group, a PricewaterhouseCoopers audit client along with JPMorgan, made the bets on credit derivatives that caused the insurance company's own liquidity choking fit (and takeover by the U.S. Treasury) in London, too.
Lehman Brothers' Repo 105 transactions, used to window-dress the balance sheet each quarter, began with an exchange of $105 of collateral for a $100 loan. Because the repo was structured with excess collateral, Lehman could call it a "sale" and, therefore, did not record the loan on its books. The excess collateral was a necessary condition for treating the transaction as a "sale" but not a sufficient condition for any U.S. law firm to bless it. Lehman went to the U.K. to get a "true sale" legal opinion.
U.K. legal opinion in 2009 revealed that Lehman's local management team had also failed to segregate "vast sums" of client money "on a truly spectacular scale." After Lehman went bankrupt, this commingling sadly reduced clients' claims to the status of unsecured creditors.
When Jon Corzine decided to use repo-to-maturity trades to juice corporate profits, MF Global's subsidiary in the U.K made it happen, for a cut of the action. The risky bets instead caused what MF Global bankruptcy trustee James Giddens called "liquidity asphyxiation" in his June 4 investigation report. Large sums were needed every day to fund the margin calls on the European sovereign debt behind the trades, debt that was rapidly losing value. MF Global allegedly funded the margin calls by re-characterizing customer assets as house assets.
The illegal act of commingling customer funds with company money had already been committed in London by MF Global's main bank, JPMorgan, and by another bank, Barclays. PwC, the auditor of all three firms – MF Global, JPMorgan and Barclay – had neglected to catch them doing it for several years. The banks and the auditor were fined recently for the lapses. Yet PwC and regulators on either side of the Atlantic missed the red flags when MF Global seemed to be breaking the same laws all over again.
As a result, MF Global customers are also waiting more than seven months for the return of some of their funds from the U.K., where they were allegedly used to fund Corzine's unsuccessful outsized bet to return the firm to profitability.
It's not clear if the Dodd-Frank Act's Volcker rule, intended to restrict proprietary trading and hedge fund-like activities for deposit-taking institutions, will apply to overseas affiliates of American banks. We need stronger cross-border regulatory enforcement and U.K. cooperation with U.S. regulators to spot U.S firms going to London for looser rules.
It looks like we have regulatory capture instead: Margaret Cole, the U.K. regulator at the Financial Services Authority who presided over the fines for commingling customer funds at JP Morgan, Barclays and PwC, is now general counsel for PwC U.K.
Francine McKenna writes the blog re: The Auditors, about the Big Four accounting firms. She worked in consulting, professional services, accounting and financial management for more than 25 years.

Sunday, 25 March 2012

MF Global


Here's The Memo That Could Finally Send A Wall Street Bigshot -- Jon Corzine -- To Jail

24 March, 2012

There was a major development yesterday in the nation's collective desire to send at least one Wall Street bigshot to jail after the financial crisis.

Normally, after a financial collapse and crash like the one we had, Wall Streeters are rounded up in packs, vilified, and incarcerated.

This time, however, no bigshot has been so much as charged with anything, let alone sent to jail.

(The reason for this, which no regulator or Congress-person will admit, is because the vast majority of what happened in the years leading up to the financial crisis was legal, courtesy of silly laws championed by the industry and enacted by Congress. But Congress can't admit that, so Congress instead blames prosecutors and regulators for being too wimpy.)

But now it has become clear that at least one crime was committed at a major Wall Street bank.

MF Global used customer funds to pay off non-customer debts while frantically trying to save itself.

That's illegal.

So the question is whether the government will be able to prove that MF Global knew it was misusing customer funds when it did it (I'm not an attorney, but as with other financial crimes, I believe that, to be considered a crime, this action has to be intentional--the "perp" has to know what he or she is doing and know that it's wrong. If you know more, please add your thoughts below.)

New evidence turned up by government investigators suggests that MF Global did know what it was doing. It also suggests that, more importantly, MF Global's CEO, Jon Corzine, personally ordered MF Global to transfer client funds.

In the memo below, Congressional investigators describe the chain of events and evidence in these findings.

In reading the memo, it seems clear that at least some executives at MF Global knew that what they were doing might be wrong: The assistant Treasurer, Edith O'Brien, was apparently reluctant to sign a letter attesting that the transfer did not involve client funds.

The letter also makes clear what Mr. Corzine's defense will probably be:

Financial firms are allowed to transfer money from customer accounts as long as there is enough "excess" cash in those accounts to cover regulatory requirements. So, Mr. Corzine's defense will presumably be that he thought there was enough "excess" cash in the customer account that $175 million could be transferred out of it without breaching the level required by regulators.

If that is, in fact, what Mr. Corzine thought, that's a perfectly reasonable defense.

Anyway, this new evidence will make next week's Congressional hearing into the MF Global collapse much more exciting.

Read the memo and see what you think.

MF Memo

Saturday, 24 March 2012

BREAKING NEWS: MF Global

Max Keiser  amongst others, has been talking about this for months now, but perhaps this is the "smoking gun"?

-- No investigation. No prosecution. Not even a slap on the wrist for Corzine. Not one single banking executive, trader, or institution has been prosecuted for what happened in 2008 other that Bernie Madoff and Charles Sanford, neither of whom created the hundreds of billions of dollars of fraudulent mortgages.
The American people have had the fight knocked out of them. This man is the former CEO of Goldman Sachs, a former governor, and a former Senator.  Who knows, his face might be on the one million dollar bill when we start printing them. -- MCR


Corzine Ordered $200 Million Of MF Global Customer Funds To Be Moved Before Bankruptcy





23 March, 2012


A memo from Congressional investigators looking into the collapse of MF Global and the $1.6 billion in missing customer funds has revealed that the brokerage's former CEO Jon Corzine ordered $200 million to be transferred from a customer account to pay off an overdraft fee, according to Bloomberg.

The memo, which was obtained by Bloomberg, cites an email sent by Edith O'Brien—MF Global's treasurer—three days before the firm filed for bankruptcy. In the email, O'Brien writes the transfer was "per JC's direct instructions."

MF Global filed for bankruptcy Oct. 31, after negotiations to sell itself to Interactive Brokers fell apart as a result of the discovery of a shortfall in customer segregated funds.

The $200 million overdraft fee was paid to JP Morgan because MF Global had overdrawn on one of its accounts and it was “holding up vital business in the U.S.," MF Global Holdings Treasurer Vinay Mahajan had said in an Oct. 28th email.

The most recent bombshell may have huge implications for Corzine. Remember that a sacred rule in brokerages is that customer funds must be strictly segregated from the firm's money. Breaking such a rule on purpose could mean criminal charges.

Bloomberg is also reporting that JP Morgan's Chief Risk Officer Barry Zubrow had called Corzine after the money was transferred to make sure that the money was in compliance with those customer segregation rules. In reply, MF Global had drafted a letter to be signed by O'Brien to be sent to JPM, but it was never sent.

Last December, Corzine testified three times in Congress and reitered the fact that he does not "recall" ordering customer funds to used or moved.

Here is the Bloomberg report 



Sunday, 18 March 2012

Another whistleblower - this time at JP Morgan

The Crazy Things That One Whistleblower Says Are Happening At JP Morgan Will Blow Your Mind




Rampant silver manipulation?  Rampant gold manipulation?  Rampant LIBOR manipulation?  Hiding MF Global client assets?  These are all happening at JP Morgan according to an open letter reportedly written by an anonymous employee of the firm.  The whistleblower also warns of a "cascading credit event being triggered" by derivatives related to Greek government debt.  Unlike Greg Smith at Goldman Sachs, this whistleblower has chosen to remain anonymous for now.  According to the letter, the whistleblower is still an employee of JP Morgan and has not resigned.  But that does make it much more difficult to confirm what he is saying.  With Greg Smith, we know exactly who he is and what he was doing at Goldman.  As far as this anonymous whistleblower is concerned, all we have is this letter.  So we must take it with a grain of salt.  However, the information in this letter does agree with what whistleblowers such as Andrew Maguire have said in the past about silver manipulation by JP Morgan.  And this letter does mention Greg Smith's resignation from Goldman, so we know that it must have been written in the past few days.  Hopefully this letter will cause authorities to take a much closer look at the crazy things that are going on over at JP Morgan and the other big Wall Street banks.

This anonymous letter was addressed to the CFTC, but unfortunately it looks like the CFTC has already chosen to ignore it.

The original letter from this anonymous whistleblower has already been taken down from the CFTC website. When you go there now, all you get is this message....

"The Comment Cannot Be Found. Please Return to the Previous Page and Try Again."

Fortunately, there are many in the alternative media that copied this entire letter from the CFTC website.

The following is a copy of the original letter that the anonymous whistleblower from JP Morgan submitted to the CFTC....

----------
Dear CFTC Staff,
Hello, I am a current JPMorgan Chase employee. This is an open letter to all commissioners and regulators. I am emailing you today b/c I know of insider information that will be damning at best for JPMorgan Chase. I have decided to play the role of whistleblower b/c I no longer have faith and belief that what we are doing for society is bringing value to people. I am now under the opinion that we are actually putting hard working Americans unaware of what lays ahead at extreme market risk. This risk is unnecessary and will lead to wide-scale market collapse if not handled properly. With the release of Mr. Smith’s open letter to Goldman, I too would like to set the record straight for JPM as well. I have seen the disruptive behavior of superiors and no longer can say that I look up to employees at the ED/MD level here at JPM. Their smug exuberance and arrogance permeates the air just as pungently as rotting vegetables. They all know too well of the backdoor crony connections they share intimately with elected officials and with other institutions. It is apparent in everything they do, from the meager attempts to manipulate LIBOR, therefore controlling how almost all derivatives are priced to the inherit and fraudulent commodities manipulation. They too may have one day stood for something in the past in the client-employee relationship. Does anyone in today’s market really care about the protection of their client? From the ruthless and scandalous treatment of MF Global client asset funds to the excessive bonuses paid by companies with burgeoning liabilities. Yes, we at JPMorgan that are in the know are fearful of a cascading credit event being triggered in Greece as they have hidden derivatives in excess of $1 Trillion USD. We at JPMorgan own enough of these through counterparty risk and outright prop trading that our entire IB EDG space could be annihilated within a few short days. The last ten years has been market by inflexion point after inflexion point with the most notable coming in 2008 after the acquisition of Bear.

I wish to remain anonymous as of now as fear of termination mounts from what I am about to reveal. Robert Gottlieb is not my real name; however he is a trader that is involved in a lawsuit for manipulative trading while working with JPMorgan Chase. He was acquired during our Bear Stearns acquisition and is known to be the notorious person shorting in the silver future market from his trading space, along with Blythe Masters, his IB Global boss. However, with that said, we are manipulating the silver futures market and playing a smaller (but still massively manipulative) role in manipulating the gold futures market. We have a little over a 25% (give or take a percentage) position in the short market for silver futures and by your definition this denotes a larger position than for speculative purposes or for hedging and is beyond the line of manipulation.

On a side note, I do not work directly with accounts that would have been directly impacted by the MF Global fiasco but I have heard through other colleagues that we have involvement in the hiding of client assets from MF Global. This is another fraudulent effort on our part and constitutes theft. I urge you to forward that part of the investigation on to the respective authorities.

There is something else that you may find strange. During month-end December, we were all told by our managers that this was going to be a dismal year in terms of earnings and that we should not expect any bonuses or pay raises. Then come mid-late January it is made known that everyone received a pay raise and/or bonus, which is interesting b/c just a few weeks ago we were told that this was not likely and expected to be paid nothing in addition to base salary. January is right around the time we started increasing our short positions quite significantly again and this most recent crash in gold and silver during Bernanke's speech on February 29th is of notable importance, as we along with 4 other major institutions, orchestrated the violent $100 drop in Gold and subsequent drops in silver.

As regulators of the free people of this country, I ask you to uphold the most important job in the world right now. That job is judge and overseer of all that is justice in the most sensitive of commodity markets. There are many middle-income people that invest in the physical assets of silver, gold, as well as mining stocks that are being financially impacted in a negative way b/c of our unscrupulous shorts in the precious metals commodity sector. If you read the COT with intent you will find that commercials (even though we have no business being in the commercial sector, which should be reserved for companies that truly produce the metal) are net short by a long shot in not only silver, but gold.

It is rather surprising that what should be well known liabilities on our balance sheet have not erupted into wider scale scrutinization. I call all honest and courageous JPMorgan employees to step up and fight the cronyism and wide-scale manipulation by reporting the truth. We are only helping reality come to light therefore allowing a real valuation of our banking industry which will give investors a chance to properly adjust without being totally wiped out. I will be contacting a lawyer shortly about this matter, as I believe no other whistleblower at JPMorgan has come forward yet. Our deepest secrets lie within the hands of honest employees and can be revealed through honest regulators that are willing to take a look inside one of America's best kept secrets. Please do not allow this to turn into another Enron.

Kind Regards,

-The 1st Whistleblower of Many
----------

Another Enron?

If what this letter says is true, then the problems facing our financial system are more serious than most of us thought.

And the allegations of corruption at JP Morgan are absolutely shocking.

But this is not the first whistleblower to come forward to the CFTC with charges of rampant market manipulation by JP Morgan.

Back in 2010 I wrote about the stunning allegations that a former silver trader named Andrew Maguire presented to the CFTC.  The following is an extended excerpt from that article....

----------

Back in November 2009, Andrew Maguire, a former Goldman Sachs silver trader in Goldman's London office, contacted the CFTC's Enforcement Division and reported the illegal manipulation of the silver market by traders at JPMorgan Chase.

Maguire told the CFTC how silver traders at JPMorgan Chase openly bragged about their exploits - including how they sent a signal to the market in advance so that other traders could make a profit during price suppression episodes.

Traders would recognize these signals and would make money shorting precious metals alongside JPMorgan Chase.  Maguire explained to the CFTC how there would routinely be market manipulations at the time of option expiries, during non-farm payroll data releases, during commodities exchange contract rollovers, as well as at other times if it was deemed necessary.

On February 3rd, Maguire gave the CFTC a two day warning of a market manipulation event by email to Eliud Ramirez, who is a senior investigator for the CFTC’s Enforcement Division.
Maguire warned Ramirez that the price of precious metals would be suppressed upon the release of non-farm payroll data on February 5th.  As the manipulation of the precious metals markets was unfolding on February 5th, Maguire sent additional emails to Ramirez explaining exactly what was going on.

And it wasn't just that Maguire predicted that the price would be forced down.  It was the level of precision that he was able to communicate to the CFTC that was the most stunning.  He warned the CFTC that the price of silver was to be taken down regardless of what happened to the employment numbers and that the price of silver would end up below $15 per ounce. Over the next couple of days, the price of silver was indeed taken down from $16.17 per ounce down to a low of $14.62 per ounce.

Because of Maguire’s warning, the CFTC was able to watch a crime unfold, right in front of their eyes, in real time.

So what did the CFTC do about it?

Nothing.

Absolutely nothing.

----------

So will the CFTC do anything about all of this?

Based on past history, probably not.

Basically, the CFTC is a government agency that appears to do next to nothing.

Another scandal involving JP Morgan has come out in recent days as well.

This one involves their credit card division.  If you have a moments, you should really read the recent American Banker expose of credit card debt collection practices at JPMorgan Chase.  It exposes some things that will absolutely blow your mind.

Linda Almonte, a former executive at JPMorgan Chase's Credit Card Litigation Support Group, has revealed some incredible stuff regarding the debt collection practices at the company.  Almonte says that she was shocked at what she saw when she began examining the details of a $200 million package of debt collection judgments to an outside debt collection agency....

Nearly half of the files her team sampled were missing proofs of judgment or other essential information, she wrote to colleagues. Even more worrisome, she alleged in her wrongful-termination suit, nearly a quarter of the files misstated how much the borrower owed.
In the "vast majority" of those instances, the actual debt was "lower that what Chase was representing," her suit stated.

Almonte says that she warned that this sale of debt collection judgments must be stopped, but that a company executive told her that "she had better go along with the plan to sell the misrepresented asset".

Almonte refused to go along, and she was fired on November 30th, 2009.
You are probably thinking that this sounds very much like the "robo-signing" foreclosure scandal and you would be right.

The more we dig into these giant financial companies the more corruption we find.
It really is shocking.

And remember, JPMorgan Chase is also the company that makes more money whenever the number of Americans on food stamps goes up.

JPMorgan Chase issues food stamp debit cards in 26 U.S. states and the District of Columbia, and they actually want more Americans to go on food stamps so that they can make bigger profits from the division that issues them.

So now are you starting to understand why so many Americans are upset about the corruption on Wall Street?

This isn't a "conservative issue" or a "liberal issue" - it is an American issue and the outrageous behavior of these firms has brought our financial system once again to the edge of disaster.

Over the past six months, more than 350 prominent executives have resigned from major banks and financial institutions all over the globe.

Is this a sign that the rats are fleeing a sinking ship?

Do they know something that we don't?

What we do know is that the financial crisis in Greece is far from over and the European financial system is getting closer to a complete meltdown with each passing day.

Very few of the things that caused the financial crisis of 2008 were ever corrected and our financial system is even more vulnerable today than it was back then.

In the end, this entire pyramid of debt, leverage and corruption is going to come crashing down really hard, and the consequences are going to be absolutely catastrophic.

Sunday, 11 March 2012

MF Global: The thieves get bonuses


These people who engineered the looting of depositors’ accounts, should, by rights be in jail!
MF Global Holdings Executives to Get Bonuses If Court Approves

Bloomberg, 10 March, 2012
The MF Global Holdings Ltd. (MFGLQ) executives who oversaw the company before it failed last year should get bonuses this year if a bankruptcy court approves, said Frank Piantidosi, an adviser working with the trustee, Louis Freeh. A senator objected to Freeh in a letter.

The compensation packages are still being prepared, and would apply to Chief Operating Officer Bradley Abelow, General Counsel Laurie Ferber and Chief Financial Officer Henri J. Steenkamp, Piantidosi of Freeh Group International Solutions LLC said in an e-mail

For article GO HERE

Saturday, 21 January 2012

Max Keiser on MF Global, wealth confiscation and bank holidays


Keiser Report: Scam On Epic Scale

In this episode, Max Keiser and co-host, Stacy Herbert, discuss 419 scams and Tim Geithner's gimp. In the second half of the show, Max talks to financial blogger and semi-retired Wall Street executive Warren E. Pollock about MF Global, wealth confiscation and bank holidays


Saturday, 14 January 2012

How banks manipulate market through drivatives

The $U.S. Dollar Centric Derivatives Complex: Progenitor of Parasitic, Ponzi Price-Fixing

Rob Kirby of Kirby Analytics in Toronto shows how the U.S. government works through five major banks using interest rate derivatives  in what is by far the biggest part of the manipulation of markets.


14 January, 2012

By Rob Kirby

Rob Kirby, who is the publisher of the “Kirby Analytics Newsletter“ and a consultant to the Gold Anti-Trust Action Committee (http://www.gata.org/), was born 1960 in Halifax, Nova Scotia, Canada. He studied Economics at York University in Toronto. Upon completion, he went to work in the Bay Street, the financial district in Toronto. He served on an institutional trading desk for most of the 1980s and right up until 1996. For 11 years he worked at Prebon Yamane, an international inter-dealer broker, and one year at Freedom Bond Brokers (now part of Cantor Fitzgerald). Afterwards he spent two years at Garban Inc., another inter dealer bond brokerage in Toronto. In 2002, he went to work for Investor’s Group, the largest Mutual Fund Company in Canada, and stayed there up until 2004, when he resigned to write about the markets. His website is: http://www.kirbyanalytics.com/. Mr. Kirby lives in Toronto, Canada.

In addition to the following article, that we republish with the personal authorization given by Mr. Kirby, we would also to recommend an exclusive interview with him on LarsSchall.com, “Central Banking is a blight on humanity,” under:


The U.S. Dollar-Centric Derivatives Complex: Progenitor of Parasitic, Ponzi Price-Fixing
by Rob Kirby

The term “derivative” has become a dirty, if not evil word. So much of what ails our global financial system has been laid-at-the-feet of this misunderstood, mischaracterized term – derivatives. The purpose of this paper is to outline the origin, growth and ultimately the corruption of the derivatives market – and explain how something originally designed to provide economic utility has morphed into a tool of abusive, manipulative economic tyranny.

Definition of Derivatives

Derivatives are financial instruments whose values depend on the value of other underlying financial instruments or objects. The main types of derivatives are futures, forwards, options and swaps.

The original intended use of derivatives was to manage risk [hedge]; however, now they are often traded as investments whether hedged, un-hedged or as component of a spread trading strategy. The diverse range of potential underlying assets and pay-off alternatives leads to a wide range of derivatives contracts available to be traded in the market. Derivatives can be based on different types of assets such as commodities, equities (stocks), residential mortgages, commercial real estate loans, bonds, interest rates, exchange rates, or indices (such as a stock market index, consumer price index (CPI) — see inflation derivatives — or even an index of weather conditions, or other derivatives). In recent years, much has been written about credit derivatives – which have become an increasingly visible part of the derivatives complex. However, the largest component of the derivatives complex remains interest rate products which the U.S. Office of the Comptroller of the Currency tells us constitute more than 82 % of all outstanding bank held notionals. Interest rate derivatives have a great effect on interest rates as will be discussed later.

Origin of Derivatives

Derivatives have their roots in the agri-complex. From an historical context, it was agricultural commodities futures [mainly grain] that first gained traction as viable financial instruments. The genesis of these products dates back to the founding of the Chicago Board of Trade [CBT] in the mid-eighteen hundreds.

Back in the eighteen hundreds large scale farming enterprises were difficult [risky] to “bank”. The risk was embodied by the known costs associated with planting seed, fertilizing and subsequent growth and harvest – versus the often volatile, unpredictable final selling price of a perishable commodity. Futures removed this this “unknown” from the banking/farming relationship and transferred it to speculators for a nominal fee or cost.

From 1850 – 59, American agricultural exports were $189 million/year [81% of total exports]. With agriculture occupying such a huge percentage of exports and GDP it was only natural that business of this scale [potential fees and profits] would and did attract the attention of the money changers. The advent of futures and forward contracts in the agri-complex was productive: giving a higher degree of predictability to farm income making the business of farming more bankable. Making farm income more predictable enabled the growth of corporate agri-businesses which brought with it economies of scale, the freeing-up of human capital which enabled / translated into mass migration [urbanization] of farmers into cities in part assisting with the rise of the human capital pool essential for the industrialization of America.

Early Growth – the Commodity Futures

In the beginning, as with users in the agri-complex – there were IDENTIFIABLE END USERS [farmers] for these products. Over time, futures and forwards were developed to meet demand in other predominantly natural resource based commodities like coal, crude oil, lumber, cattle and others. Similar commodity futures markets for these products and trade volumes were driven primarily by end users and it’s important to distinguish that for the entire 1800s and virtually all of the 1900s – the growth in derivatives was primarily tied to the commodity trade.

Commodities Law Dictates that Futures Only Aid In Price Discovery

Definition of Price Discovery:

A method of determining the price for a specific commodity or security through basic supply and demand factors related to the market.

According to William J. Rainer, former Chairman of the Commodities Futures Trading Commission [CFTC] back in 1999, Section 3 of the Commodities Exchange Act espouses three basic purposes for the regulatory structure currently administered by the CFTC: (1) to protect the price discovery function; (2) to prevent the manipulation of commodities through corners, squeezes and similar schemes; and (3) to assure an effective vehicle for risk transference. Implicit throughout is the need to provide suitable customer protection from abusive trade practices and fraud.

The Rise of Financial Engineering: The Genesis of OTC Interest Rate Derivatives

President Nixon took America and the world off the gold standard in August, 1971. What ensued was a dramatic increase in the price of crude oil which led to burgeoning balances of petro dollars [Euro-dollars] as deposits in the treasuries of banks involved in international trade and a subsequent bolstering of their treasury operations to deal with the influx of ‘inflated dollars’.

Interest Rate Derivatives were developed around 1980. Their basis was the four 3-month IMM [International Money Market] Eurodollar Futures Contracts [Dec, Mar, Jun, Sept] on the Chicago Mercantile Exchange [CME].  These futures contracts are derivatives of 3 month Libor [London Interbank Offered Rate] for Eurodollar Time Deposits. The 3 month Libor rate is ‘set’ daily by a group of banks selected by the British Bankers Association and represents where these ‘reference banks’ are willing to ‘loan’ their mostly recycled Euro Dollars [petro-dollar] to their most credit-worthy customers.

These derivatives/futures gave banks the ability to ‘hedge’ or book profits on sizable amounts of predictable future cash flows.  Up until 1980, this bank treasury trading business remained largely a cash trade.

The Toronto – Chicago Nexus

In 1980, Canada revised its Bank Act.  In the ensuing few months, Canada had an influx of foreign banks – dubbed schedule “B” banks. Canada went from having 5 domestic banks to having roughly 65 banks in a matter of months.  To protect their home turf, the existing domestic banking industry successfully lobbied Canadian politicos to limit the amount of capital new ‘schedule B’ banks could have [initially to 5, or in a couple of instances,10 million CAD].

This placed growth restrictions on foreign banks, new entrants, beginning operations in Canada; capital ceilings implied severe balance sheet restrictions. 60 new banks had just opened their doors – but they were substantially limited in participating in main stream bank treasury operations like lending long and borrowing short – in the inter-bank market because these activities bloated balance sheets.

These new treasury operations needed to find a profitable raison d’etre or their parent banks would shut them down.

Competition Breeds Innovation

To differentiate themselves from the rest of the crowd back in the early 1980’s, particular institutions like Citibank, Toronto and Chemical Bank, Toronto and Chase, Toronto went on a hiring binge of Ph. D mathematician types and immersed themselves in ‘financial engineering’ utilizing then emerging exchange traded futures [cited above]. These financial engineers conjured into existence two Over-the-Counter [OTC] products – Future Rate Agreements [FRAs] and Interest Rate Swaps [IRS]. Trade in these products did not entail the exchange of principal sums between counterparties – only interest-rate differentials on principal amounts [referred to as notional underlying amounts]. The beauty of this “new trade” was a] it was fee based, b] that, for accounting purposes, it was “off balance sheet” and c] it circumvented capital ceiling restrictions.

From a customer standpoint – these products were marketed to corporate customers as a means to achieve cheaper, more flexible funding or alternatives for funding in terms [yrs.] they otherwise would not be able to access.

From an historical perspective – it was during the 1980s when Citibank, Toronto or Chemical Bank, Toronto traded the very first Inter-bank U.S. Dollar Interest Rate Derivative – known as an FRA [Future Rate Agreement] which, at its core – was nothing more than a glorified ‘bet’ on what 3, 6 or 12 month Libor will be at a future date.

It was Citibank Toronto who first engineered a financial model to successfully book accounting profits from FRAs and interest rate swaps.

In the beginning – these trades were ENORMOUSLY profitable – so much so that Citibank Toronto very quickly became the world’s biggest OTC interest rate derivatives house and was, in fact, the clearing house for OTC interest rate derivatives for Citibank worldwide.
This business absolutely mushroomed!

Source: U.S. Comptroller of the Currency

Tracking the evolution of the aggregate derivatives held by U.S. banks, it is apparent that trade in end-user products has been ABSOLUTELY OVERWHELMED by volumes in dealer trades – all in a “supposed market” which is 96% constituted by 5 players [the magnificent 5; J.P. Morgan, BofA, Citi, Goldman, Morgan Stanley] – as the U.S. Comptroller of the Currency tells us in the executive summary of their Quarterly Derivatives Report,



" Five large commercial banks represent 96% of the total banking industry notional amounts.”

At this rate of concentration, the derivatives complex appears a lot more like an “old boys club” than it does “a market”. Therefore, the derivative market rapidly evolved during the late 1990’s to the early 2000’s from a previously end-user-based to a dominantly dealer-based or trading market. The parabolic rise of these dealer traded volumes parallels the rise of market rigging or the movement toward a centrally planned economy.

From Humble Beginnings, How and Why We Got Here

The graph of outstanding notional amounts above depicts a serious growth curve. To explain why, let’s take a look at the same graph with some added highlights explaining “what” is growing so quickly:

Source: U.S. Comptroller of the Currency

Through the late 1980’s and early 1990’s – folks at the Fed and U.S. Treasury – with a little bit of help from academia – realized that interest rate swaps could be utilized to CONTROL fixed income [bond] markets and hence – controllers could arbitrarily determine the cost of capital. As such, it’s no coincidence that institutions like Citibank Toronto had their ‘U.S. Dollar derivatives books’ repatriated back to New York in this time frame.

The Neutering of Usury or “Neusury”

Historically, the Federal Reserve/U.S. Treasury ONLY had control of the VERY short end of the interest rate curve – specifically the Fed Funds rate [the rate at which banks and investment dealers borrow and lend to each other on an overnight basis]. With the advent and proliferation of interest rate derivatives – specifically Interest Rate Swaps [IRS], the Fed/Treasury gained effective control of the “long end” of the interest rate curve. Thus the Fed / Treasury has been practicing an undeclared form of financial repression for a very long time.

In free market economies the laws of usury dictate that the interest rate mechanism serves as the arbiter as to where scarce [finite] capital is allocated. Historically, it was a group of industry professionals known as the bond vigilantes who enforced this discipline – primarily on spend-thrift governments – by making them pay more, through elevated interest rates, when they demonstrated poor stewardship of national finances. Pre “neusury” – when we had truly free markets – when the bond vigilantes “sold” – interest rates WENT UP. To illustrate this point look no further than Bill Gross – the closest thing there is to a bond vigilante today – who heads the world’s largest bond fund PIMCO. It was CNBC who reported back on March 9, 2011 that,

“Pimco has dumped all of its US Treasury bond exposure in its flagship Total Return Fund. The move makes sense given Pimco chief Bill Gross’s public statements that Treasurys are over-valued.”

Pre “neusury” – such a pronouncement would have caused a MAJOR SELL OFF in bonds [higher rates]. Nowadays, the Fed / U.S. Treasury and their ‘captive’ investment banking vassals high-frequency-trade pre-determined outcomes through the Interest Rate Swap complex to show folks like Bill Gross who’s really in charge. The cascade in 10 year yields depicted above just happens to coincide with the first half of 2011 – when, according to the Office of the Comptroller of the Currency, Morgan Stanley just happened to grow their swap book from 27.2 Trillion to 35.2 Trillion in notional – for a cool increase of 8 Trillion in six months at one investment bank.

The sheer volume physical U.S. government bond trade created by the interest rate swap derivative complex has resulted in “neusury” and OVERWHELMED the bond vigilantes – rendering them either impotent, extinct or perhaps just plain-old confused and afraid [take your pick?].

The incapacitation or extinction of the bond vigilantes has enabled the U.S. government to spend like drunken sailors, prosecute wars and misallocate resources on a grand scale – all the while lowering and / or keeping interest rates at or near ZERO. This arbitrary, gross mispricing of capital helped to spawn further abuses like the real estate and equity bubbles – the development of which produced new sub-sets of equity derivatives and cdo’s which also enabled the macro-management of these markets. Economics 101 tells us that capital is scarce and finite. By arbitrarily rigging interest rates too low – capital markets created the false impression of abundance – and loose lending practices resulted.

Control over the long end of the interest rate curve works as follows: The U.S. Treasury’s Exchange Stabilization Fund [ESF], a secretive arm of the U.S. Treasury unaccountable to Congress, began entering the “FREE MARKET” – deals brokered by the N.Y. Fed – as a receiver of “all in” fixed rates – in terms from 3 to 10 years in duration. Interest rate swaps [IRS] trade at a spread – expressed in basis points – over the yield of the 3, 5, 7 and 10 year government bond yield. Banks are virtually all spread players. When trades occur between spread players – one side of the trade sells the other side of the trade the proscribed amount of U.S. Government bonds. This creates superfluous settlement demand for bonds. When the U.S. Treasury’s Exchange Stabilization Fund [ESF] intervenes in this market – they are not spread players.

When the ESF trades with “spread players”[Morgan, Citi, BofA, Goldman, Morgan Stanley] – the banks are forced to purchase cash, physical U.S. Government bonds in the proscribed terms [3-10 years], almost dollar-for-notional-dollar – as hedges for each trade they do with the ESF [because the ESF does not supply them]. This is why – instead of the hollow, contrived, official excuses offered by the Fed – despite record, off-the-charts, government bond issuance – a remarkably large percentage of U.S. Government bond trades fail to settle.

The ESF participates in these trades taking “NAKED INTEREST RATE RISK” – meaning they do not provide their counterparties with the requisite amount of bonds to hedge their trades – thus forcing them into the “free market” to purchase them. This generates UNBELIEVABLE “stealth” settlement demand for U.S. Government securities. This is how/why U.S. Government bonds and hence the Dollar can be made to appear “bid-unlimited” – even when economic fundamentals are SCREAMING otherwise. The amount of demand for cash government bonds that can be conjured out-of-thin-air in the derivative interest rate swap complex, which might be best described as “high-frequency-trade” on steroids – measured in hundreds of Trillions in notional – literally OVERWHEMS the cash bond settlement process. This means bond yields are set arbitrarily – in accordance with Fed / Treasury policy – NOT IN FREE MARKETS. This also explains why there are no identifiable end-users for the dizzying growth in interest rate derivatives [swaps] – the trade is all attributable to the Treasury’s ‘invisible’ ESF – an institution that is not publicly accountable to ANYONE or ANYTHING. This is why other nations can and do have, from time to time, failed bond auctions while America never has and NEVER WILL BE ALLOWED TO. This is all done in stealth to facilitate and give an air of legitimacy to the U.S. Treasury’s ZIRP [zero interest rate policy].

With gratitude, the detailed, documented, inner workings of the Treasury’s Exchange Stabilization Fund and their unique relationship with the N.Y. Fed trading desk is best explained by forensic financial researcher Eric deCarbonnel, here.

This is the real reason why J.P. Morgan Chase and the rest of the magnificent 5 now sport OTC derivatives books of 50 – 80 TRILLION in notional.

Here’s a peak of outstanding derivatives for U.S. Bank Holding Cos. as of June 30, 2011:

Source: U.S. Office of the Comptroller of the Currency

How We Know the ESF is the Other Side of These Trades

Morgan Stanley [MS] supplies us with the “smoking gun”. MS grew their derivatives book by 14 TRILLION in notional in the first 6 months of 2011 – virtually all in product [swaps] that requires 2-way / mutual credit lines. MS is a company with about 30 billion in market cap. who could not find a “dance partner” [anyone to buy them for a ‘pittance’] back in 2008 during the financial crisis. The GLOBAL BANKING SYSTEM – in aggregate – does not have sufficient credit lines to allow Morgan Stanley to conduct this level of trading activity in these credit dependent products as reported with legitimate banking counterparties. The notion that this obscene amount of trade represents legitimate business with banking counterparties that was bilaterally “netted” is preposterous and a non-starter. Ergo, the other side of the bulk [if not ALL] of this trade is necessarily the ESF – being done in the name of “national security” and / or the perpetuation of ZIRP and global U.S. Dollar hegemony. This obsequious, crony, insider trade has effectively served as an attempt to re-capitalize an insolvent MS via the public teat.

The [Mistaken] Promoted and Populist View of Derivatives

When the sub-prime crisis came to light in August 2007, much of the “blame” for our financial system melt-down was placed on the proliferation and reckless use of Credit Derivatives. Our bought-and-paid-for mainstream financial press was complicit in perpetuating this myth. This was a conscious effort to deflect attention away from what was being done the value of capital itself. Take note of the small proportion that Credit Derivatives [in yellow] contribute to the total outstanding notionals. Also take note of there being virtually ZERO identifiable end-users [slotted green line hugging the “x” axis]:

source: U.S. Comptroller of the Currency

The rise in the use of credit derivatives paralleled the rise in securitization of mortgages. Credit derivatives were used to “guarantee” the falsified values of toxic mortgaged-backed securities [MBS].

The growth of the housing bubble, Credit Derivatives and Credit Default Swaps [CDS] is more a symptom of systemic debasement of the value of capital – through ZIRP – than a cause.

Complete Capture of the Derivatives Complex and Defiling of Fiat Capital

That irredeemable fiat money is designed to fail – by its very nature – is laid out very well in Chris Martenson’s, Crash Course – a staple which everyone is encouraged to take the time to watch. But rather than let the “fiat” U.S. Dollar fail, as all irredeemable fiat currencies are designed to do – the sociopathic miscreants in charge of the Anglo/American banking edifice have BOUGHT TIME through the capture of the DERIVATIVES PRICE CONTROL GRID – by blatantly commandeering the unlimited resources of the U.S. Treasury’s ESF along with the printing presses of the Federal Reserve. This is done to make historic alternative currencies, like precious metal, appear unworthy. This has further endangered the financial wellbeing of all who have acted prudently and financially responsible.

Physical Precious Metal: The Achilles Heel of Fraud

As the interest rate swap mechanism is used to corral interest rates – so are gold futures contracts on exchanges like COMEX and the London Bullion Market Association [LBMA] used to suppress the price of the U.S. Dollar’s number one competing currency alternative – gold.

The reality is that metals exchanges, like those identified above, have sold as much as 100 times, or in some case much more, paper ounces or promises of gold in the form of receipts than they have physical bullion available for delivery in their vaults.

There is plenty of documented proof available [even in the conflicted, dinosaur financial press] that conduits for procurement of physical precious metal like national mints have been choked or suspended for prolonged periods of time over the past few years for investment grade physical gold and silver bullion coins. These shortages have always been characterized by, or in, the dinosaur financial press as being the result of issues specific to the retail trade – like not enough gold or silver “blanks” available – from which bullion coins are stamped.

These reported bottlenecks fly in the face of anecdotal reports by the likes of major industry players such as Sprott Asset Management principal, Eric Sprott, who has attempted to bring an air of transparency to these opaque markets. In reporting on difficulties and delays his firm has encountered, procuring institutional amounts of physical silver bullion – Eric Sprott has reported that institutional amounts of silver bullion RECEIVED – was virtually all smelted AFTER it was bought and paid for.

The delays and difficulties receiving bought-and-paid-for physical silver bullion relayed by Eric Sprott over the past year are INCONSISTENT with the waterfall declines [sewering] of paper-silver-prices on highly conflicted and suspect exchanges like COMEX and also inconsistent with the notion that physical silver bullion shortages are strictly a retail phenomenon. The derivatives that trade on exchanges, supposed to reflect or aide in price discovery, are increasingly being used as tools of price manipulation.

Regaining control and the reinstatement of integrity to our capital markets requires market participants to continue saying “NO” to paper promises and yes to physical bullion.

Focus on M.F. Global

The conflicted nature of the paper derivatives exchanges like COMEX / CME and their regulators has recently been brought into disrepute through the collapse of commodity broker M.F. Global and subsequent revelations by the likes of commodity industry mavens Gerald Celente and Ann Barnhardt.

Celente, as a client of M.F. Global who wanted to exercise his COMEX gold futures contracts to take delivery of physical gold bullion – was denied his contractual rights when M.F. Global declared bankruptcy. He was screwed out of – not only his money in a supposedly secure segregated brokerage account – but his contractual rights to procure physical gold bullion at an agreed price.

Ann Barnhardt had a different experience. She was the principal of a brokerage firm which specialized in trading cattle futures – whose expressed purpose was to aide cattle farmers in hedging their on-the-hoof live cattle exposure. Recognizing the M.F. Global bankruptcy for what it really is – Barnhardt chose to close her own brokerage and return her client monies for fear that that the risk of confiscation of funds was an inherent and unacceptable risk for her to expose her clients to.

Ms. Barnhardt has become a hero of mine – correctly identifying the major exchange participants like Jon Corzine – former head of M.F. Global, former Democrat Senator and Governor of New Jersey and former Goldman Chairman, along with J.P. Morgan chief Jamie Dimon and regulators at the C.F.T.C. like Gary Gensler – another former Goldman lieutenant under Corzine, as being criminally responsible for breach of trust to investors and irresponsible actions threatening to destroy the integrity and confidence in our financial markets.

Barnhardt makes special note of how Jon Corzine was complicit in seeing to it that M.F. Global’s bankruptcy was filed as that of a securities dealer – with 4 thousand securities clients – versus that of a commodities dealer – with 40 thousand commodities clients – ALL so creditors like J.P. Morgan would have first call on the residual value of liquidated M.F. Global assets – leaving segregated commodity account holders of M.F. Global – screwed!!!

Ms. Barnhardt emphatically believes that Corzine’s and J.P. Morgan’s actions were pre-emptive, provocative and implemented with intentional malice toward commodities clients.
Subsequent to M.F. Global’s bankruptcy filing, it is a fact that the aggregate of all of the physical precious metal due to be delivered by M.F. Global to their clients – almost to the ounce – appeared as a “book entry” into the registered holdings of none other than J.P. Morgan.

This would appear to strongly support the notion that the M.F. Global debacle was physical, precious metals related or centric.

Ms. Barnhardt states on her blog,

“It is absolutely amazing to me, and frankly awful, that these interviews I do are so popular. Most interviews or radio programs I do wind up being the most popular (or top-three) for their respective program or host. And we talked about my “Going Galt” letter being #6 for ZeroHedge yesterday. Don’t think for a second that I relish in any of this. The truth is, I find it very, very disturbing, as should all of you, that I, relatively insignificant me, am apparently one of the only people in Western Civilization who has the stones to simply state the OBVIOUS OBJECTIVE TRUTH. I am a minor cultural phenomenon because I basically say that one plus one equals two, and I can say it clearly and directly without a bunch of “uhs” and “ums” and “you knows”.

Really? So all a person need do in this culture to be some sort of a hero is be able to string three articulate sentences together which state the obvious? God help us.

I have many detractors who say, “Who the hell is this chick and why the hell do we care what she says?” Yep. I’m right there with you. Where are the billion-dollar fund managers (excepting perhaps Kyle Bass)? Where are the captains and titans of industry? Where are the so-called “leaders”? WHERE IS THE CLERGY??? I’m cynical, but SURELY there must be SOMEONE ELSE who has a brain in their head and a pair in the bag who can speak proper English above a mumble besides me. Anyone? Anyone? My 15 minutes are surely winding down. Someone else is going to have to step up here.”

All I can say is, “Ms. Barnhardt, welcome to our ‘systemically polluted’ capital markets. As a staunch supporter of GATA I’ve been writing about it for at least 8 years. The folks at GATA are very familiar with and have been documenting the systemic abuse of our capital markets since 1998 – LONG before ANYONE ever heard of Kyle Bass and years before the world ever heard of ZeroHedge.”

Maintenance of the Dollar Standard at Any Cost

If anyone still doubts whether or not the Fed and U.S. Treasury have been active in managing outcomes in strategically important markets or outright suppressing the price of gold and rigging the bond market – they might want to take a read of former Federal Reserve Governor, Kevin Warsh’s op-ed of Dec. 6, 2011 in the Wall Street Journal, snippets appended below:

The ‘Financial Repression’ Trap

In Capitals Worldwide, Policy Makers Deliberately Obscure Market Prices and Prevent Informed Judgments

“…Markets are not always efficient, but the market-clearing prices for stocks, bonds, currencies and other assets (like housing) are critical to informing judgments, in good times and bad. Market-determined asset prices often reveal inconvenient truths. But the sooner the truth is revealed, the sooner judgments can be rendered and action taken.

By contrast, government-induced prices send false signals to users and providers of capital. This upsets economic activity and harms market functioning. Markets that rely on governmental participation will turn out to be less enduring indicators of value….”

“….ratings agencies have been rightfully criticized for assigning higher ratings to various financial products than were justified by their fundamentals, yet now we see a dangerous irony: Governments are trying to persuade ratings agencies to assign higher ratings to sovereigns than deserved or justified by market prices. Blaming the ratings agencies for the dysfunction in funding markets will not lower funding costs.”

Warsh’s op-ed reads like a bloody confession! Anyone who reads it should be OUTRAGED!!!! Kevin Warsh is admitting that the finger prints of Government [read: the U.S. Treasury] are ALL OVER our dysfunctional, systemically failing financial markets. Furthermore, it appears that he is attempting to absolve the Fed and the part it has played in the subversion of our capital markets – laying the whole pile of disgusting, corrupt stench at the feet of government. Perhaps this is why Mr. Warsh announced his resignation from the Board of Governors of the Federal Reserve back on Feb. 11, 2011 – with his post not due to expire until January 2018. Who knows, maybe the man grew a conscience?

In any case, make no mistake – the Federal Reserve has acted, lock-step, in cahoots with the sociopaths and sycophants “playing god” at the U.S. Treasury – aiding and abetting the ESF’s nefarious, ruinous interventions in our capital markets. Heck, the former President of the New York Fed, Timothy Geithner, is the sitting U.S. Treasury Secretary.
Manufacturing Is Alive and Well in America

All is not well in America – not by a long shot. America has been taken over through subterfuge in a financial, fascist coup and the perpetrators have installed a police state. America is no longer a nation of laws. Any additional regulation of the financial services industry would be fruitless. There already exists “laws on the books” – to prevent the blatant, criminal price rigging / abuse that has already occurred. The abuse has been allowed to occur by derelict regulators who have vacated [or been bought] their fiduciary duties.

While America’s industrial potential has been largely “off-shored” – their Constitution and Bill of Rights are in tatters but their propensity to manufacture is there – it just manifests itself in different ways:

Manufactured financial data
Manufactured cost of capital [int. rates]
Manufactured gold and precious metals prices
Manufactured cost of energy

It’s all about control. Derivatives products – well intentioned when they were conceived – have been utilized to prop-up a failing fiat currency / undermine capital through the establishment of a phony, crony, price control grid. As such, derivatives have become very dangerous tools in the hands of a gaggle of miscreant sociopaths – who think, speak and act as if they are doing god’s work – that now occupy the U.S. Treasury / Fed and rule Wall Street.

Got physical gold yet?

The original article with references is available HERE