“Let them call me rebel and welcome, I feel no concern from it! For I should suffer the misery of devils were I to make a whore of my soul.” — Thomas Paine.
The Easter Bunny On the DTCC
From Bob O’Brien’s “Sanity Check,” a succinct account of why the “fail to deliver” problem is a big and serious one:
• The DTCC, via Cede & Co., is the registered owner of all shares held in “Street Name,” which are all shares in margin accounts.
• Margin accounts represent the bulk of independent investor account types.
• Registered owners are free to use their “property” as collateral for loans or debt.
• It is unknown what, if any, loans or debts are collateralized by the stock “owned” by the DTCC.
• The DTCC’s “Stock Borrow Program” lends shares to be delivered to buyers, if sellers fail to deliver.
• The Stock Borrow Program is operated on the honor system, and is anonymous.
• It allows one genuine share to be lent multiple times, leaving a string of markers/IOUs in the share’s wake.
• This creates a systemic risk for the stock market, as more markers are in investor accounts, falsely represented as shares, than shares actually authorized by the companies.
• These markers are freely traded and treated by the system as real, resulting in a large secondary market of counterfeit shares – resulting in depressed stock prices.
• With paper certificates being eliminated – by the DTCC – there is no way to confirm that a share is genuine, versus a bogus marker.
• There is nothing to stop your broker from taking your money, and merely representing to you that you bought shares, without ever actually buying them. You have no way of knowing the difference, barring demanding paper certificates for your property.
• Only a handful of people on the planet understand all this.
• In the end, it is simple – Wall Street is printing shares electronically, investors are paying real money for those bogus shares, and the whole thing is predicated on the idea that few will ever understand what is being done, or bother to check.
• This represents a hidden tax on investors and the economy.
• It is, for the most part, illegal.
• It is being kept secret by the DTCC and the SEC, who are terrified of systemic collapse, and a complete loss of investor confidence, should all the facts become known.
• All the facts are becoming known.
Does this sound complicated? It’s not.
Anecdote: a few years ago, in my neighborhood, a retired lady of some means was going around badgering strangers and friends for loans. She was reputed to own a few homes, so many people obliged. Then it turned out that the titles of the houses had been promised out several times over. Which meant that the lenders hadn’t received the collateral they thought they had when they gave her their money. Which meant that if she didn’t pay, they would have nothing to go after in court. Which is precisely what happened.
That, crudely, is what naked short-selling – and indeed. the whole derivative scam – amounts to. It multiplies claims on value, thereby bleeding value from those who legitimately hold it, because they paid money for it, to others who didn’t pay anything real, but traded one “counterfeit” claim for another.
And of course, on a larger scale, that’s what the paper money regime is too. It’s a multiplication of claims on a fixed store of value, which has the effect of diluting and eventually erasing that value.
We’ve been hit by a triple quadruple whammy of essentially the same type of fraud: fractional banking, excessive creation of money, abusive derivatives, and naked short-selling.
SEC Chief Khuzami On Muckety
Former federal prosecutor and Deutsche Bank general counsel Robert Khuzami was appointed chief of the SEC on March 30, 2009. Here’s his bio.
Traveling, Taibbi, and Tares Amid the Wheat (Update)
Update 2 (October 25): Links have been added and some comments on them in the main blog post, in addition to the earlier update with Olagues’ comment.
I am unable to return any personal email for the next two weeks as I am traveling on business.
Any urgent message can be left via skype at rajiva@mindbodypolitic or at this blog, with your contact/email/skype included. Please leave personal invective, legal threats, and slurs only at the blog.
By the way, I notice Matt Taibbi’s new True Slant post, as well as his earlier Rolling Stone piece, get around to Pete Peterson’s influence….
Hmmm.. Didn’t we tell everyone to take a look at Peterson and Blackstone and Black Rock..when was it..way back in April this year?
http://mindbodypolitic.org/2009/04/28/pete-petersons-not-so-clean-crusade-against-entitlements/
Not bad for an obscure blog, whose tips just happen to show up months before they’re broken by gonzo journalists…..
Other complaints about Taibbi’s loose sourcing:
*An anonymous poster points out how much of Taibbi’s work is simply lifted without full credit from Deep Capture‘s research (Judd Bagley and Mark Mitchell are the two researchers there).
*Robert Wenzel has pointed out his own extended piece, “Does Goldman Rule the World?” written in 2007.
*An options blog points out that Taibbi has lifted his material from there, as well (link below).
*Other Goldman Sachs blogs make the same claim and New York Magazine asks if Taibbi just summarized about 100 years of Goldman conspiracy theory and added some crude language…
Note: this itself is misleading.
There are no “hundred years of Goldman conspiracy” – the first criticism of Goldman on trader boards that I saw was around 2003 fall, 2004 and I believe they may have been links taken from this site, Catbird Seat, although I am not entirely sure. (Added, June 24, 2011: I should clarify that they were anonymous links and I am guessing that they were from that blog…they might have been from some where else. I haven’t been able to find them since. My own research into Goldman came out of research for “Mobs, Messiahs, and Markets” and was published first as an investment report there).
The links suggested extensive fraud and manipulation. I think I was the first person to put that into an extended piece in 2006. (I’ve already posted on how Taibbi “bubble” thesis looks like a cropped version of the argument from my 2006 pieces, “Why It’s Time to Sell Goldman” and from my 2008 pieces, “Paulson Putsch” and “Three-Card Capitalists.”
Far from being a brilliant or original investigator, Taibbi is a colorful and sometimes misleading retailer of other people’s leads and ideas who adds the footnotes and the “I was there” element that investigative journalism reveres…and needs. Which is OK and on the whole useful – we won’t pull up the wheat in that field of tares…
(I’ll discuss the dangers and limitations of “smoking gun” journalism another time).
So long as Taibbi doesn’t muddy up the story with too many of the usual half-wit mantras of the cultural establishment, he’s helping the debate….
The more serious gaps – in relation to 9-11 – can always be countered by bloggers.
(And in time, Taibbi might “break” the 9-11 story too. Hope he gives Dr. Griffin a footnote when he comes around to that).
At one point in Matt’s article he writes:
“Here’s how naked short-selling works: Imagine you travel to a small foreign island on vacation. Instead of going to an exchange office in your hotel to turn your dollars into Island Rubles, the country instead gives you a small printing press and makes you a deal: Print as many Island Rubles as you like, then on the way out of the country you can settle your account. So you take your printing press, print out gigantic quantities of Rubles and start buying goods and services. Before long, the cash you’ve churned out floods the market, and the currency’s value plummets. Do this long enough and you’ll crack the currency entirely; the loaf of bread that cost the equivalent of one American dollar the day you arrived now costs less than a cent.
With prices completely depressed, you keep printing money and buy everything of value — homes, cars, priceless works of art. You then load it all into a cargo ship and head home. On the way out of the country, you have to settle your account with the currency office. But the Island Rubles you printed are now worthless, so it takes just a handful of U.S. dollars to settle your debt. Arriving home with your cargo ship, you sell all the island riches you bought at a discount and make a fortune.”
If you go to this article from Deep Capture http://www.deepcapture.com/the-simple-metaphorical-explanation/ and read it, Matt’s example, though summarized, is awfully similar to the one written at Deep Capture. Now, I do not know whether Matt gave credit to the author who wrote the article but I could not find any mention of the person within Matt’s article. If Matt did not give credit, then there is a case for plagiarism.
For those who don’t know, plagiarism is defined as the “unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one’s own original work.” (Source: http://dictionary.reference.com/browse/plagiarism)
I hope this is taken seriously and my worries refuted. Matt authors great articles but this does not mean that he stands above honest journalistic integrity.
Regards,
Anon
*******************************************
My Comment:
When I have more time, I will try to put the pattern of plagiarism in the American media into a larger context….and show just what it cost the country and why the media has very little moral ground to stand on when condemning the bankers. And that includes many of the alternative sites too…
Indeed, at some point, I would like to undertake a bear raid of my own – on the English language media. I include not just the establishment print and TV outlets, but the blogosphere, wiki, alternative press, and the like, which are supposed to be so free of manipulation.
Bagley’s (and Mitchell’s) admirable work at Patrick Byrne’s Deep Capture blog only touches the tip of the iceberg. For a quick recap of Byrne’s position on naked short-selling and his ideological orientation, here’s a video of an interview with him.
I add it, because of Olagues’ comments (see comments below). I assume that Olagues comes from a libertarian position that’s more to the right than Byrne’s. Example: Byrne seems to be involved with school-choice activism with the widow of Milton Friedman.
Update One (Sunday, October 25):
Former options market-maker John Olagues posts a comment below, with a link, which I will add here.
At first glance, his analysis seems to support my own conclusion that the Fed and the major banks were involved. (I have also blogged last year that I believe that LIBOR was manipulated).
I need to research Olagues’ piece a bit more to verify the reliability.
Blog Sabbatical
I’m taking a sabbatical of a couple of weeks from this blog.
Max Keiser On Wall Street Suicide Bombers
Keiser’s image of speculators as suicide bombers has been used by a number of people. But parts of his argument sounds strange to me. The well-connected banks are “blowing up” other banks through speculation, so as to drive the dollar higher?
Undoubtedly the dollar is being manipulated and the banks will make money off of it, but blaming speculation alone is too easy a game and it will lead to the wrong remedies.
While speculation undoubtedly exacerbated the crisis and pushed the market over, speculators can only undermine fundamental weakness.
The housing bubble collapsed because the mania exhausted itself and the underlying loans were bad. Speculators didn’t make the bad loans. Mortgage lenders and banks did that.
Speculators didn’t certify the derivatives based on them were great. The ratings agencies did that.
Speculators didn’t hold a gun to home owners and tell them to buy. Greenspan encouraged them – though even he didn’t hold any guns to their head.
Speculators didn’t look the other way when numbers of professionals complained to the regulators. The SEC did that.
Speculators didn’t publish fulsome flattery of Greenspan and Summers and Rubin and Paulson. Magazines – including Vanity Fair and Time and the New York Times and the Wall Street Journal did that.
Speculators didn’t bestow degrees and honors on these charlatans. The universities and prize committees did that.
Speculators didn’t attack anyone who criticized them or called them into question. Partisans did that.
Speculators didn’t rewrite history and ignore the scores of right-libertarians at Mises, Lew Rockwell and other libertarian sites who foresaw this and warned repeatedly to rein in monetary debasement. Left-liberal academics and journalists did that.
Speculators didn’t rah-rah for war and the expansion of the corporate state and police laws so dissidence became difficult. Right-conservatives and neocons did that.
Speculators didn’t attack anyone who argued for generosity, or self-restraint, or humility, temperance, or any moral virtue. Libertines and anti-religious bigots did that.
Speculators didn’t bribe Congressmen to pass bad legislation. Lobbyists did that.
Speculators didn’t swallow propaganda whole sale and follow the line of least resistance. Lazy consumers and the public did that……
Ergo – Goldman Sachs is a fairly accurate reflection of the kind of society we’ve become. Laws aren’t going to change that. Political and public culture has to change.
The Devious Web (Correction)…
I notice that Gary Weiss commented on Patrick Byrne’ post on this blog, describing the post as a sample of obsessive behavior about naked short selling.
I have nothing to say to that, except that people who’ve had to battle a number of foes can sometimes become what’s called hypervigilant. I’ve certainly had the experience.
But that’s not my point here. I bring up the post only because Weiss writes like someone who’d never come across me before, duly (and snarkily) noting the “obscurity” of this blog. Well and good. No offense taken. We like our obscurity…it keeps us meek. And we’re told the meek will inherit the earth…or at least, what’s left of it after our oligarchs finish raping it.
However, I bring this up not to air any wound to my amour propre but because Judd Bagley, the main reporter at award-winning business blog Deep Capture, has accused Weiss of using sock puppets on wiki, and has posted screen shots to prove it. [It’s not germane to this tale that too uses sock-puppets].
One of Weiss’s alleged sock-puppets on wiki, says , goes by the name, MantanMoreland (other names used there and elsewhere include Samiharris – at wiki – and Tom Sykes – at Daily Kos and other places).
Now, it so happens that when I was trying to get rid of my web-stalker, Tony R, I ran into someone called Mantanmoreland on the message boards that he haunted. Was this Weiss? Or was it someone else? You judge.
Correction: I have crossed out the section below where I have incorrectly identified Tony R as someone by the name of Villasenor, whose postings/m.o. seemed similar to me on many counts. He has denied it (see comment section). My post resumes after the crossed out section.
Interestingly, Ry__s also claims he is not Ry__s.
[However, V doesn’t deny that – like R__s he uses multiple aliases, some very similar, frequents the same message boards, and attacks similar things].
Fair enough. I’ve added a correction. It makes no difference to my claim about R__ls or about Mantanmoreland, only it leaves me still in the dark who this person Ry__ls is.
Since the suit lists multiple aliases for him and some of these aliases resemble the multiple aliases that R___ls uses, their targets are similar, and their venues and forums often identical, it is an understandable error, if it’s one.
In any case, I will use R__ls name and strike through V’s, to avoid giving offense/slandering the wrong person….although it’s clear that neither of these two mind slandering other people.
I’ve no axe to grind in the matter.
To recap: V is a one-time stock-dealer who was fined by the NASD. He’s also a small-time racketeer (http://mindbodypolitic.org/2009/09/27/blogger-credibility/e http://listsearches.rootsweb.com/th/read/ARIZONA/2005-06/1118951523) and a former groupie of securities fraudster, Amr Elgindy and his Anthony Pacific site. (http://siliconinvestor.advfn.com/readmsg.aspx?msgid=22945870). In whatever time is left over from that, he’s given to web stalking and harassing, for instance, of a (http://siliconinvestor.advfn.com/readmsg.aspx?msgid=15095618mber)
Just to be clear, I am agnostic about the merits of any of his claims about, who might be doing something illegal, for all I know. I mention this just to show that has a history of this sort of thing.
[With no cause at all, Tony R has also libeled Georgetown University professor, James Angel, because of a financial film he made that that didn’t conform to his ideas (as far as I recall the subject).
Anyway, I approached a number of of sites (such as, Indymedia, KYCNews, and the SEC complaints board) to have them remove Tony R’s libels and to find out how to make him desist. It turned out he was in Guatemala, so it would be hard for me to do anything legally about him. I was also told he was likely to just switch aliases and ratchet up the harassment, if I went after him. In fact, whenever I mentioned his most common alias name, Tony R, he would show up like lightning on this board and spam me (that’s why I’m not using his complete name).
Now here’s the interesting part. While I was trying to find out more about Ry__s, I came across an irate exchange between him (under one of his many aliases http://www.chillingeffects.org/uncat/notice.cgi?NoticeID=1748) and someone called Mantanmoreland. Note: it was on a message-board (not on wiki).
I wrote to Mantanmoreland (it was in February 2008), asking if he knew anything more about Tony R. and we went back and forth about it for some two weeks, exchanging around two dozen emails, most of which I still have. Those emails went under my name. In them I explained that I’d become the unwitting target of this Tony R, solely because I’d been hired to write a book with the president of a company that Tony R. was fixated about.
Here’s my question. Deep Capture says unequivocally that Mantanmoreland is Gary Weiss. Weiss denies it equally flatly. Now, I exchanged dozens of emails only a year ago with Mantanmoreland about a situation that he could hardly forget, since he had his gripe with Tony R too. But Weiss’ recent blog post seems to indicate that he has no idea who I am.
That leaves only one possibility. Either Weiss or Bagley is in error (to put it as mildly as possible)…
Which is it? And what would that mean? And does that have anything to do with the recent (thwarted) attempt to delete my wiki page?
Added: As a matter of fact, by assessing the various reactions to this post (who posted, where and on what forums), I clarified the answer to the above question to my satisfaction…
DTCC Conflicts Of Interest Include Ties With Penson, Goldman
More digging about Penson turns up a number of ties with regulators (this is probably par for the course, and not surprising). Penson Worldwide’s board of directors includes one David Kelly, who until 2000 was President of the National Securities Clearing Corporation, as well as Vice Chairman of DTCC.
More on DTCC here at Financial Wire, May 11, 2004
cited at Deep Capture.
(Lila : The DTCC is the Depository Trust and Clearing Corporation, not the Depository Trust Company, as indicated in the article)
“The Depository Trust Company (DTC) is a member of the U.S. Federal Reserve System, a limited-purpose trust company under New York State banking law and a registered clearing agency with the SEC. The depository supposedly brings efficiency to the securities industry by retaining custody of some 2 million securities issues, effectively “dematerializing” most of them so that they exist only as electronic files rather than as countless pieces of paper. The depository also provides the services necessary for the maintenance of the securities it has in “custody.”
The largely unregulated DTC has become something of a defacto Czar presiding over the entire U.S. markets system, wielding more day-to-day influence and control than the SEC, the NASD and NASDAQ combined. And, as the SEC’s June 4 ruling indicates, its monopoly over the electronic trading system appears even to be protected.
How entrenched is the Depository Trust and Clearing Corp.? It’s two preferred shareholders are the New York Stock Exchange and the NASD, a regulatory agency that also owns the NASDAQ (OTCBB: NDAQ) and the embattled American Stock Exchange! Regulators, regulate thyself?
In an era when corporate governance is the primary interest for the SEC and state regulators, the DTCC is hardly a role model. Its 21 directors represent a virtual litany of conflict:
They include Bradley Abelow, Managing Director, Goldman Sachs (NYSE: GS); Jonathan E. Beyman, Chief Information Officer, Lehman Brothers (NYSE: LEH); Frank J. Bisignano, Chief Administrative Officer and Senior Executive Vice President, Citigroup / Solomon Smith Barney’s Corporate Investment Bank (NYSE: C); Michael C. Bodson, Managing Director, Morgan Stanley (NYSE: MWD); Gary Bullock, Global Head of Logistics, Infrastructure, UBS Investment Bank (NYSE: UBS); Stephen P. Casper, Managing Director and Chief Operating Officer, Fischer Francis Trees & Watts, Inc.; Jill M. Considine,Chairman, President & Chief Executive Officer, The Depository Trust & Clearing Corporation (DTCC);
Also, Paul F. Costello, President, Business Services Group, Wachovia Securities (NYSE: WB); John W. Cummings, Senior Vice President & Head of Global Technology & Services, Merrill Lynch & Co. (NYSE: MER); Donald F. Donahue, Chief Operating Officer, The Depository Trust & Clearing Corporation (DTCC); Norman Eaker, General Partner, Edward Jones; George Hrabovsky, President, Alliance Global Investors Service; Catherine R. Kinney, President and Co-Chief Operating Officer, New York Stock Exchange; Thomas J. McCrossan, Executive Vice President, State Street Corporation (NYSE: STT); Eileen K. Murray, Managing Director, Credit Suisse First Boston (NYSE: CSR); James P. Palermo, Vice Chairman, Mellon Financial Corporation (NYSE: MEL); Thomas J. Perna, Senior Executive Vice President, Financial Companies Services Sector of The Bank of New York (NYSE: BNY); Ronald Purpora, Chief Executive Officer, Garban LLC; Douglas Shulman, President, Regulatory Services and Operations, NASD; and Thompson M. Swayne, Executive Vice President, JPMorgan Chase (NYSE: JPM).”
No More Muddle-Through Economy
“I firmly believe we will see a double-dip recession within another 18 months (at the most). Stock markets drop on average about 40% in a recession. Adjust your portfolios accordingly.”
— John Mauldin, Thoughts from the Front Line (http://www.frontlinethoughts.com/pdf/mwo101609.pdf)
My Comment:
I find it pretty interesting that John Mauldin, who’s always argued that we’d “muddle through” somehow (http://www.safehaven.com/article-9542.htm), has now changed his position in view of the facts (an admirable quality). In the latest edition of his very popular and always informative newsletter, Thoughts from the Front Line, he argues that things are much worse than he’d ever anticipated.
I find it even more interesting that Mauldin will be down in Uruguay, speaking to various groups and that he has a partner based in Uruguay. He writes:
“I will be going to South America at the end of next week, to Buenos Aires, Montevideo, Sao Paulo and Rio. I will be speaking in those cities and traveling with my new Latin American partner, Enrique Fynn of Fynn Capital (based in Uruguay).”
He’s not the only one. I’ve noted a number of libertarian (and other) financial advisors down here. A sign of the times.
Rewriting of History Underway
Taibbi on the tea-parties, being sloppy with his facts again, all in the name of rhetoric:
“It’s amazing, literally amazing to me, that it wasn’t until Obama pushed through a package containing a massive public works package and significant homeowner aid that conservatives took to the streets. In other words, it wasn’t until taxes turned into construction jobs and mortgage relief that working and middle-class Americans decided to protest. I didn’t see anyone on the street when we forked over billions of dollars to help JP Morgan Chase buy Bear Stearns. And I didn’t see anyone on the street when Hank Paulson forked over $45 more billion to help Bank of America buy Merrill Lynch, a company run at the time by one of the world’s biggest assholes, John Thain. Moreover I didn’t see any street protests when the government agreed to soak up hundreds of billions in “troubled assets” from Citigroup, a company that just months later would lend out a jet furnished with pillows upholstered with Hermes scarves to former chief Sandy Weill so that he could vacation in Mexico over Christmas.”
My Comment:
Er, Matt. It was the Dems who rolled over for the bail-outs. It was the Republicans, the Southern Republicans, who stymied it first time round…until they had their arms twisted.
Before you got your consciousness raised on the subject several years late, it was right libertarians who were objecting most strongly to the financializing of the economy…..
The Penson video post wasn’t as big a deal as it was made out to be, to my mind. But this post and his debate on 9-11 with David Griffin (at Alternet) do betray some ignorance…
Update:
Louis Proyect has a review of “Dime’s Worth of Difference” (Cockburn and St. Clair) that has a precis that will disabuse anyone inclined to believe the Democrats are more people-friendly than the Republicans…