Whistleblower Reports Precious Metals Manipulation By JP Morgan

Bill Murphy, chairman of The Gold Anti-Trust Action Committee (GATA) reports that on March 23,2010, GATA director, Adrian Douglas, was contacted by a London metals trader, Andrew Maguire, who had been told directly by JP Morgan traders how they manipulate the precious metals (PM) markets on non farm payroll data release, COMEX contracts rollover, and similar recurring occasions, to make money.

Maguire had previously contacted the enforcement division of the CFTC (Commodity Futures Trading Commission) to report this. On February 3, 2010, he gave a two-day advance warning of PM manipulation on the release of the non-farm payroll data on February 5 that took place as predicted.

Read more at GATA.

Celente: Report Shows JPMorgan, Citi Helped Push Lehman Under

Gerald Celente: JP Morgan and Citi acted like mobs bosses in torpedoing Lehman.

Note: the bankruptcy examiner’s report shows Lehman cooking its books to look less levered than it was, but the Federal Reserve Bank of New York (FRBNY) (Mr. Geithner, that would be you) abetted it. So did the SEC, and JP Morgan and Citi acted like cannibals (or street gangs…or mob bosses), as they tried to wipe out their rival.

Well, we said so at the time, in a post called“Statistics Don’t Back Panic Mongers” (October 2008).

And even before that.

Except for the fact that the Wall Street gang uses money, ratings, and other “adult” world paraphernalia, they’re not much more than hooligans who didn’t get toilet-trained right.

Let’s see:

Finger-pointing: He did, teacher, I didn’t (Politicians to voters, voters to politicians)

Avoiding responsibility: But you told us we could (Wall Street to Main Street, home-owners to lenders, managers to accountants, lawyers)

Succumbing to peer pressure: Everyone does it ( Book-cooking managers, lazy reporters, colluding speculators)

Blaming the victim: He deserved it (Corporate raiders, naked short-sellers, media shills)

Kingsford Capital And The Captured Media

Mark Mitchell at Deep Capture has some interesting details about the extensive influence of hedge-funds, specifically Kingsford Capital, on the reporting of stories in the financial press:

“Another focus of my investigation at CJR was the appalling bear raid on a collectibles company called Escala. Not only was Escala the victim of massive amounts of illegal naked short selling, but a hedge fund convinced the Spanish government that Escala’s parent company, based in Madrid, was fleecing investors in philatelic collectibles. Continue reading

Too Big To Fail And Too Big-Headed To Admit Failing

In the Times of IndiaAbheek Barman reviews Andrew Sorkin’s “Too Big to Fail,” a blow-by-blow account of the bail-out and makes a couple of insightful observations:

“It’s a tribute to his writing that despite his ball-by-ball narrative Sorkin manages to hold your attention for nearly 550 pages. His character sketches are lean and unjudgemental. Yet, though he doesn’t pass judgement, by the end most of the characters – with the possible exception of Buffet and some of the regulators – come across as distinctly unsavoury. Continue reading

Xmarks’ Top 20 Corruption Sites List Includes Deep Capture

I just happened to notice this ranking of the most popular corruption sites and thought I’d post it as more evidence that the campaign against naked short selling isn’t some marginal “freak” show, as some of the financial blogs have tried to claim it is. Continue reading

Den Of Thieves: Hedge-Hogs Go Into SAC-Remote Mode

Update: Deep Capture indicates that they have some emails proving insider trading, so any attempts to delete files/emails by SAC and other firms might not be any good, since  the files just happen to implicate said firms in…insider trading.

Ah, the web we weave…etc. etc.

Terry Buhl at Hedge Fund-Implode.com reports that residents of hedgefund land are going into SAC-remote mode:

“Funds like Blue Ridge, Greenlight, Third Point, Glenview, and Maverick are cutting back on any contact with King Stevie. When we asked major players such as Jim Chanos and others if they’ve been pinging Stevie about a trade lately, you’ll get a very defensive `no.’ Why? Because word on the street is they all think FBI special agent BJ Kang, who is now dogging Stevie, has the goods to deliver the hammer soon in the form of  an indictment or arrest for insider trading.

Extra measures are being taken to hire data-miners to comb through any and all emails firms and their trading consultants ever sent to anyone at SAC in an attempt to erase them from internet memory. According to traders we talked with, they are even going as far as getting out of trades that might look similar to any of Stevie’s. So it looks like running due diligence on your `SAC risk’ to prove to your investors that you’re clean – like Larry Robbins of Glenview capital just did – is the new `killing it’.”

My Comment:

Just to recap.

*Steven Cohen is the multibillionaire chief of legendary hedge-fund SAC, which sits at the top of the heap among funds. Cohen, famously reclusive, is said to have had only one bad year of trading.

Now he´s having a bad time from the  FBI investigation of the insider-trading case against New York-based hedge-fund Galleon Group, which is proving to have teeth in it.

SAC has a history of elbows-and-knees-style trading practices, according to this 2003 Business Week article.

*The head of Galleon (which once managed $7 billion in assets), Sri Lanka-born Raj Rajaratnam was arrested, along with five others, on October 16  in a $17 million dollar insider-trading case brought by federal prosecutors and the FBI.

(The numbers vary: it´s $20.8 million, according to a later WSJ report, and $25 million in a NY Daily report)

*The case was unusual in that FBI agent B. J. Kang used wire-tapping for the investigation (normally used only in drug-related cases).

*The Galleon arrests were quickly followed by other arrests of  traders, lawyers and hedge-fund managers on November 5, including one Zvi Goffer, who, as the brains of the insider network, was referred to as “the octopussy.” This brought the total number of arrests in the case to 14 (Correction on 12/29: I read 20 elsewhere) and added another $20 million to the fraud, already the biggest in Wall Street history since the days of Ivan Boeksy in the 1980s.

*On December 16, Steven Cohen´s ex-wife Patricia accused him of hiding millions from her and of insider trading in a 1986 merger when Cohen was a young trader at now-defunct broker, Gruntal.

*Indicted on December 17 (December 15, according to one source) by a Federal grand jury  on multiple criminal counts of insider trading and securities fraud,  Rajaratnam  pleaded not guilty. Many of the charges against him carry upto 20 year prison sentences. The trial is expected to take place in the summer of 2010.

*The broker Gruntal has an interesting history, in that it seems to be the place where several of the biggest names on Wall Street (aka some of the most crooked players) crossed paths:

Bernie Madoff, Ezra Merkel (Madoff fund associate), Ivan Boesky (infamous 1980s trader), Michael Milken (junk bond innovator), Carl Icahn (famed and feared corporate raider), Steven Feinberg, ,…and yes, Steven Cohen:

From Deep Capture:

“Another of Madoff’s most important “feeders” was J. Ezra Merkin, who managed the Ariel Fund, which seems to have been designed specifically to raise money for Madoff’s fraudulent investment business. In this regard, the New York attorney general has described “Merkin’s deceit, recklessness, and breaches of fiduciary duty…”

While Merkin was “deceitfully” feeding the Madoff Ponzi, he was also a co-owner, along with Steve Feinberg, of Cerberus Capital Management, a fund named after the mythological three-headed dog that guards the gates of Hell.

Previously, Feinberg was a top trader for Michael Milken at Drexel Burnham Lambert. After Drexel, Mr. Feinberg moved (on Milken’s recommendation) to a brokerage called Gruntal & Company.”

Gruntal owed its existence to the generous junk bond finance that its parent company, the Home Group, received from Michael Milken. Its options department was founded by Carl Icahn, who later became a “prominent” billionaire owing to the junk bond finance that he received from Michael Milken.

When Icahn left Gruntal, he was replaced by a Milken crony named Ron Aizer, who proceeded, on the recommendation of Milken, to hire two traders.

The first trader hired by Aizer was, according to a reliable source, investigated by the SEC for trading on inside information that he received from Milken’s operation at Drexel Burnham Lambert. This trader is now a “prominent” billionaire and the manager of a well-known hedge fund. The second trader hired by Aizer is now also a “prominent” hedge fund manager, though he is not quite a billionaire. Both of these traders play important roles in the story of Dendreon. Carl Icahn, the founder of Gruntal’s options department, has a cameo role, too.”

There is more, of course, much more to the story, and many more names, including Michael Steinhardt, Marc Rich who was pardoned by Clinton for tax evasion and dealing with Iran against US law, and many others, but that would make this post far too long, so I will send you instead  to this page.…and this...for now.

(Of course, we could ask why hedge-funds with an edge get to be prosecuted, while governments with the biggest edge of all don´t  – but there, we won´t spoil the fun).

Wall Street: The Crematory Of Capitalism

Bill Cara:

“Independent traders know as a fact that Humungous Bank & Broker (HB&B) research analysts are biased and unaccountable. We also know they give short-term tips to their firm’s proprietary traders and sales people that are at odds with their longer-term published opinions. These unfair practices are permitted because the fundamental conflict of interest structure of the securities industry is permitted.

Today the Wall St Journal has reported that FINRA (the Financial Industry Regulatory Authority) has launched a broad inquiry into how up to a dozen Wall Street firms disseminate stock ratings and research. Important questions are being asked.

On August 24 this year, WSJ informed the public of how Goldman Sachs analysts were tipping their traders with info that differed from published reports. These regular meetings were called “trading huddles”. At the time, I called it insider trading, which is criminal.”

My Comment:

A reader commented earlier that “insider trading” is a big yawn as a story  (for the latest insider trading arrest, see this case, of an ex-banker from Lazard, a relatively small case, admittedly)

Someone might come to that conclusion only if their knowledge of the practice were abstract and based on theoretical debate on the subject. But anyone who knows the history of the capital markets over the last 30 years or so knows that a big part of the story is that investment (merchant) banks turned into traders by the end of the century and that their proprietary trading became more important to them than their retail clients or customers. I’ve written about this in relation to Goldman Sachs, which was the most egregious (because it was the most powerful) of the lot.

Insider trading is essentially a failure of banking as a profession, with professional ethics. There is a fiduciary responsibility to shareholders (in the case of a company) and of clients (in the case of banks).  Conflict-of-interest is a problem in every other work place. Why not here?

Besides conflict-of-interest, insider trading involves an explicit fraud on the client.

That’s in addition to the crime of fractional brokering, as someone cleverly puts it. (This is quite different from fractional banking. Due to the confusion of language that lets banks perform both safe holding and investing functions at once, fractional banking is legal).  On the other hand, “fractional brokering,” which is what naked shorting and “fails-to-delivered” amount to, is illegal.

Unfortunately, the professional financial reporters seem too myopic to understand the gravity of the problem, our self-involved “gonzo” journalists (yes you, Matt Taibbi) are too politically-driven to explain it correctly, and right now I’m too disgusted by the intellectual dishonesty of the media to take the trouble to make the argument on the web and see it lifted by all and sundry with nary a link or footnote, let alone verbal acknowledgment.

As Cara points out correctly (and safely, since he’s in Canada), Wall Street and the American capital markets have become a joke, and a substantial part of the financial media still doesn’t seem to realize it’s the punchline.

That gives me no pleasure to say. For years, I defended American business to my foreign friends, claiming that Americans at least held to standards, regulations, and transparency requirements higher than theirs (meaning, Indian and non-Western).

Behind all the glitz “America” still operated somewhere, I argued.

The Marxists and communists who called the whole thing a charade and a lie didn’t quite get it, I was sure. The values of the American republic would prevail. Once most money-managers and businessmen were alerted to what was going on in the markets, I fully expected that their outrage would be enough to stem the rot. I saw CEOs stepping up to the plate and doing their duty, when the future of their own (rather than someone else’s) children was at stake.
That was four and a half years ago, when I first began researching the markets.

In retrospect,  I see I was incredibly naive.The rot goes deep.

Those are somber thoughts to have around Christmas time. But perhaps not inappropriate. If you recall, in the Christmas story, gold (or should I say, gld?) and frankincense were only two-thirds of the offering. The other third was myrrh. Myrrh is a resin whose oil, I read here, is used for embalming and whose incense is used by penitents at funerals and cremations.

That must be the bitter scent I smell rising from the capital markets.

The Culture of “Da Boyz”

In a piece on Pamela Martens, the former Wall Street whistle blower,  who last year unearthed the black box of Markit, as well as the Primex dark pool, Stephen Metcalf discloses the culture of  “da boyz.”

Whistle-blower´s Grim Tale, Stephen Metcalf, The Observer, December 1, 2002

“The secret to Wall Street’s systemic chauvinism is simple: The Street is insulated against litigation and bad publicity. All employees at the major investment banks must sign a mandatory arbitration clause, effectively giving away their right to sue their employer. Claims are adjudicated in what amounts to an industry-controlled private justice system, by arbitration panels staffed overwhelmingly by white males in their 50’s and 60’s. In mandatory arbitration, no depositions are made public, and awards have ironclad gag provisions. So Wall Street can continue to smile, and smile, and be a villain. One anecdote in particular conveys the full horror of the situation. When two female Smith Barney employees complained of strikingly similar episodes involving a male co-worker, in which the man forced himself on them physically, the firm waited four years before conducting a hearing. “A week before the hearing,” Ms. Antilla writes, Smith Barney “forced the two women to undergo examinations by a psychiatrist of the brokerage firm’s choosing.” One of the women was subjected to a Gulag-quality interrogation. The grilling included “questions about her sex life, the opening of her gynecological records, and queries about her menstrual periods, her marital counseling, and her divorce. The psychiatrist even had copies of her therapy records.” The woman finally broke down when the psychiatrist asked her to recite in reverse order the names of the U.S. Presidents.”

Wiki Fudges Importance of Naked Short-Selling

(Continued from previous post)

Many people (including this blogger) see naked short-selling as one of the central rackets used by Wall Street’s racketeers to pull off their heists. It’s a view with quite a few supporters in the industry, government, and major media. But you wouldn’t know it from the wiki entry on naked short selling.

In a piece earlier this piece, urging sharper treatment of Geithner during his hearing, an off-shore journalist Lucy Komisar pointed out that naked short-selling of US Treasury bonds artificially depresses the price of the bonds by increasing the number of shares. It’s in effect a theft from the portfolios of ordinary people who hold them, unaware that their brokers are lending them out and leaving them only with electronic IOUs.
In other words, they’re lending to their broker, rather than to the US government….

In fact, the most prominent critic of naked short-selling, Patrick Byrne, has this to say on his blog, Deep Capture:

“Notwithstanding thousands of articles such as the ones cited above, the current Wikipedia article on naked short selling insists that experts believe that it is not a problem. No mention is made of hearings, statements by economists and SEC Chairmen, emergency federal actions and emergency meetings of regulators from the G-20 to stop the world financial system from imploding, etc. ……… notwithstanding the thousands of articles such as the ones I cited above, the current Wikipedia page maintains that the mass media agrees that naked short selling is not a problem…”

“The Hijacking of Social Media”

Byrne’s site has a useful video by Judd Bagley on naked short-selling:

Byrne is the CEO of Overstock, an online retailer of surplus and returned goods, which, he claims has been the victim of naked short-selling for many years. At one point, around 30% of Overstock’s float (shares held by the public and not institutional investors or insiders) consisted of fails (shares that did not deliver at settlement of the trade) and although fails can have many causes, naked short-selling is certainly the most important of them.

Note: Byrne claims that this isn’t the principal motivation for his campaign against the practice and points to his other philanthropic initiatives as proof. Major media business reporters, including Joe Nocera and Gary Weiss, have argued otherwise.

Note: Bagley has been accused of cyberstalking Weiss over Weiss’s alleged complicity in the social engineering of wikipedia.

Update: Note also that several experts have contradicted Byrne’s assessment of the effects of naked short selling on the price of the stocks he’s analyzed.

Still, whether Byrne is a hero or an out-of-control conspiracist is beside the point.

With the scale of criminality on Wall Street now, you’d have to be a hero and out-of-control to go after any of it successfully.

And conspiracy-mongering seems to be largely in the eye of the beholder.

Byrne deserves credit.

Update: To be fair to Byrne’s critics here is a criticism by one Sam Antar (a reformed felon who now consults on white collar crime) of Overstock’s accounting practices.

To be fair to Byrne, Antar’s original fraud was extensive and involved his whole family. Antal also admits to profiting from short positions in the companies he criticizes for fraud.