FCPA, Gold, and Miners
Sometimes it happens like that. Just drifting with some thoughts as I enjoy a nice, easy six mile run on my favorite trail, when suddenly, something clicks.
I had this thought a bit of time ago, but just could not get my brain around it in any meaningful way. That is, until one day, I was reading ZH, saw the side bar ad for the Thai chicks, and then it completed itself like magic: Foreign Corrupt Practices Act.
Yes, I know it's nascent, and probably sounds like babbling gibberish. But, stay with me as I build the case.
What is the greatest engine for discovering the truth? Correct, cross examination.
A pack of lawyers unleashed upon a foreign government, or it's agents, under the guise of a shareholder derivative action based on a claim of a violation of the FCPA, well would not that be something to behold, if such corruption was targeting the manipulation of the physical gold or silver markets?
There is a challenge: there is no private right of action for a FCPA case. This means that I cannot, as a private, civil lawyer, bring a suit for a client against, say JPM or it's ostensible clients for rigging LIBOR or the COMEX futures, based on bribery or other corrupt practices. But, I can bring a lawsuit against for breach of fiduciary duties, etc., based on a shareholder derivative lawsuit on the same basis under the theory that the same conduct giving rise to the FCPA enforcement action has also harmed shareholders.
Now here is where it gets fun. Given that there are (1) plenty of mining operations around the world, in rather obviously corrupt countries, and that (2) it is inconceivable that some bribes or other questionably legal conduct has NOT occurred, however slight, and (3) there need not be any major graft involved, because only slight corruption will suffice to trigger massive reporting and penalties, then all it will take to launch a straightforward lawsuit against some gold miners that are believed to be complicit with the banksters in the massive "deep storage gold" scheme is an announcement by one of these gold miners of an SEC enforcement action based on the FCPA.
Under the recent laws, corporations must investigate and report on themselves, and if there is a lawsuit, the investigation is not privileged! I learned this last week during my study of the FCPA and some case law dealing with this issue. I'm putting together a draft of a method paper, which will pave the way for what I hope is an avenue to discover facts about the bankers and gold miners collusively using one another to suppress the price of gold in order to prop up the dying western fiat currency system.
So, as this idea percolates to all the big thinkers out there, perhaps others can chime in or pass this along to other lawyers out there. I believe that the existing legal framework, based on tried and tested methods, can give rise to a successful claim and lawsuit.
All it takes is one good lawsuit, and the rest is, as they say, history!
p.s.: I crafted this post on the ipad, and it takes too long to separately cut and past links for all the source material. I can follow up in another blog post with cites, etc. Please, just ask and I will make it happen. There are ample sources for the FCPA, enforcement, strategies, etc. But to date, I am not aware of anyone trying this method to conduct discovery into the relationship between gold miners and the TBTF banks, let alone the granddaddy fraud bank of them all, the FED!