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!  

82 Comments

silver66's picture

First

Silver66

edit: now I need to think of something witty to say having claimed first!

F#@k it, all that I can think of is Gold Bitchez

​Have a great Thursday everyone

double edit: having read the article, what a brilliant idea. Kind of how Capone got taken down, with a law that was not intended for him but served a purpose. Very creative

bullion only's picture

If you're not first

Like dog sled racing; If you're not the lead dog the view is always the same.
RT

Occasnltrvlr's picture

Sorry, CA Lawyer

You sort of lost me right away on this one.

(Even more distracting than cute rabbits.)

bullion only's picture

Read the article

Interesting in a fair world but in a fair world you wouldn't need such a law.

Problem it's not a fair world where some are privy to special inside information and some are not. 

Where the laws apply to some but not others.

As George Carlin said, "Voting give you the illusion of democracy."

Just as voting give you the illusion that you can make a difference.

Laws give you the illusion that there is justice.

On a micro level there is, just part of the illusion, but on a macro level where nations play there is no justice or fairness or democracy. Only thing left is the road to serfdom.

I told my kid to get rid of his smart phone and I would get him a normal text and call only phone.

For doing hat I would deposit to him three silver eagles a month and that by the time he finished college,he's in high school now, that he would be very happy he did.

He declined.

RT

California Lawyer's picture

I See What You Mean

Understand completely.

boomer sooner's picture

http://www.macrotrends.net/1317/historical-gold-pri

Thai chicks

now when I hear/see that, only thing comes to mind is big russian boobs. Thanks Pattaya 7

Great thought Cal Law!  End around.  You must have played a little football in your younger days.

now I can't move this ohhh to where it should go

Add - found any interesting chart at macro trends on gold, inflation adj.  If looking, think of 1975 and you could multiply today times 4.5 for the leg up.

Sorry, had to paste in subject, firefox will not allow paste in comments.

surprise

ArtL's picture

FCPA sounds like a barrel of fun

except for those on the "wrong" side.....

hope you can get some traction.

SilveryBlue's picture

I like the way you think Cal

We just don't feel the same about Thai chicks.

I don't think I would engender much business (well probably none), but will there ever be sidebar of eligible menfolks?

Just askin.

El Gordo's picture

Question

Has anyone had any recent dealings with Provident Metals in Dallas?  I'm looking at placing a few orders and they seem to be offering about the best pricing right now.

ivars's picture

I do not know. With Russia

I do not know. With Russia taking Crimea on March 16th, USA (FED)  may be willing to tighten a bit more to punish emerging markets including  Russia, so a bit bigger taper. But may be its too risky still, too early. 

As Russia will anyway expand its territorial pretensions to whole south East Ukraine to cut Ukraine (Western model) off sea. But neither Europe nor USA I think can  afford convention war financing over Ukraine, so they may prefer to drop a financial WMD. That will affect all emerging countries..  But also make them less democracy (debt society) more autocratic and antagonistic. So its a big IF when to drop the financial WMD. Of course, if USA tactic fail in Ukraine, as I think it will in Russia will Landlock Ukraine as for them its a matter of survival not just money, USD will suffer anyway, so there are no good options.. Either lose reserve currency due to fail in debt expansion via Russian response, or due to debt expansion end. So tightening is only option if Ukraine fails in order to preserve USA status as reserve currency. 

As for DJIA..Either USA fails in Ukraine which means Russian progress continues or taper is faster- in both cases DJIA suffers. Anyway, not long to wait as Crimean referendum and accession to Russia will set huge forces in motion from both sides. Like trade sanctions ( Western toughness ) vs. military takeover ( Russian toughness) . A bit of mismatch. 

El Gordo's picture

Ivars?

Isn't this whole thing world wide playing out the way our CIC wants it to?  I mean taking the US down a few notches is his goal, so he's not about to interfere with his other "friends" (Muslum or Russian or whatever) aggression.  No, it appears to me that the EU and the Israelis are both on their own when it comes to providing for their own defenses while our folks are busy drawing lines in the sand or red lines on the floor or promoting a higher minimum wage or controlling the speech of NFL players or something important like that.

Mantis's picture

Power games

All this talk about countries posturing about lines in the sand and sanctions and whatever. Its a game to those at the top. Its like playing Risk or something. Are there people who can shuffle the variables around endlessly always trying to get closer to their goal, total global power and control? Maybe they already have it and are just tinkering about trying to make it even better for them? Maybe they scared of losing grip of it? Maybe its not people pulling string but satan ? It just seems insane on any level to contemplate war. My natural human tendency is for peaceful pastoral existence. Anyway it all seems like a game, a deadly game. Hunger games. I'll stop now beginning to babble.

Thanks for the post CL, unfortunatley I don't have anything to contribute to that subject. There do seem to be people above the law, if you know a way to make law apply to them, go for it.

canadog's picture

above the law

those that make or interpret  the law are always above the law. or, at worst have a competitive advantage, ask any lawyer

good morning you restless night hawks

Mantis's picture

Bit Con analysis

If anyone is interested heres some bit con analysis, sorry bollocks i don't have any info about grumpy coins.

Currently still in a down trend and attempting to get through resistance which looks like this on bitstamp with 1 day candles

I have blue lines where I think support may be found.  Might trend down as far as $400 but i don't think so.

Heres a view on log chart where you can compare the last bubble with the April 2013 bubble.

I’ve marked what looks like a bit of a channel. The top of those blue lines I particularly like, it seems to bisect very neatly the bubbles which have appeared along the way. From this view it looks like Silk Road was the only event which managed to pierce the bottom of the trend, MtGox not really coming close. 

I suggest that we will see a new all time high in bitcoins by the start of July this year. Some time after that it could get crazy. What will it feel like when bitcoins are rising and crashing by thousands in a day ?

If you feel like a little punt on crypto i know its not everyones cup of tea might turn out that it will soon be a good time to get in.

--

Taken from my blog http://afbitcoins.wordpress.com/2014/03/13/peering-into-the-crystal-ball/

Mr. Fix's picture

A legal remedy in a lawless system…

What could  go wrong? 

Good luck finding an honest judge, it's far more important than your legal strategy.

Verus nemo's picture

El Gordo on Provident

I placed a hefty order with them on February 18, wired the money later that morning and had the order in about two weeks. I had hoped for quicker shipping but it wasn't too bad of a transaction.

ag1969's picture

El Gordo

I have ordered from Provident almost weekly going back over four years.  They have never screwed up an order or screwed up anything for that matter.  Heck, I even got a Christmas...ahem..."Holiday" Card from them with a quarter ounce of silver in it.  Their pricing is great, and they even have items you can order to receive free shipping on your whole order.

My favorite improvement recently is the ability to use electronic checks.  It is easier than a credit card and allows you to take advantage of the lower price without having the expense of a wire transfer, or the pain in the butt of those pesky old paper checks.

Yeah, a couple of times over the years, when demand is extremely high, they have gotten a little backed up on their shipping, but there have been a lot more times where I ordered from them and had my metal just a few days later.  My last order took a while, but part of it was Peregrine Falcons which were a pre-order.  I have since received them.  Right now I am awaiting a stack of 1/2 oz. Perth Lunar2 Horse coins, which I just ordered on Monday.

Even if you don't want to buy some of the higher premium stuff for free shipping, it is usually only $8.95 for shipping.  They have recently added a 5 oz. copper coin for $8.95 in the free shipping section, so you might as well buy that and get free shipping.  Yeah, it is copper, but it is free as far as I am concerned.  I have bought that coin twice now to get free shipping and I gave them to my kids.  They love them!

I like Gainesville as well, but IMHO, Provident is the best in the business.

Mr. Fix's picture

What are they up to now?

Was missing jet HIJACKED? US officials fear MH370 was captured and flown to mystery location

  •  The Alex Jones ChannelAlex Jones Show podcastPrison Planet TVInfowars.com TwitterAlex Jones' FacebookInfowars store

JAMES NYE and RICHARD SHEARS
UK Daily Mail
March 13, 2014

US investigators think that Malaysian Airlines flight 370 remained airborne for four more hours after vanishing from its last recorded position – raising the startling prospect the plane could have been hijacked.

Image: Malaysia Airlines (YouTube).

Officials suspect that the plane flew for a total of five hours based on data automatically downloaded from the Boeing 777′s Rolls Royce engines and sent back to the ground as part of a routine monitoring program.

US counter-terrorism teams are now pursuing the astonishing possibility that the plane and its 239 passengers were diverted to an undisclosed location ‘with the intention of using it later for another purpose’.

The Wall Street Journal broke the new developments after talking with two unofficial sources familiar with the American investigation – raising a whole new raft of questions about what happened to the jet which disappeared seemingly without trace from radar at around 1.30 am early on Saturday morning en-route to Beijing.

Full article here

Bollocks's picture

cripes

Another Trader Commits Suicide, Brings Total Recent Banker Deaths To 10

For a market that is flirting with all time highs on a daily basis, the recent banker and trader suicide epidemic seems oddly out of place. And yet, it continues to claim even more victims, with the latest casuality being Edmund Reilly, 47, a trader at Midtown's Vertical Group, who as the Post reported, jumped in front of an LIRR train station yesterday at 6 am near the Syosset train station and was pronounced dead at the scene.

http://www.zerohedge.com/news/2014-03-13/another-trader-commits-suicide

buzlightening's picture

Cal Law

Bless your heart for throwing in to tilt the corrupted windmills splintering honest minds.  I'll go with Mr. Fix on this one.  Pounding sand  in a lawless desert waste land.  Flailing at the poisoned ivy leaves of toxic lawless roots.  Losing your way in an endless house of lawless mirrors.  Diving down the multiple lawless rabbit holes convoluting into galaxies of black lawless rabbit holes; endless into eternity.  Other than that you'll get rip van winkled into la la land; wearing yourself out.   

There's our way or the Lords way.  Let the wheat be gathered in and the burning of the field take place.  Finally an honest judge takes the worldly bench.  In the meantime we gather together and prepare.  Let the wicked slay the wicked!  Physically the harvest has begun but numbers are few but growing rapidly.  The leavening cannot be stopped until the whole of it is filled the earth.  Generally we wait for specific orders.  Don't get drawn out into enemy territory but wait and allow the enemy to be drawn in to fight on honest terms.  We will rebuild the republic.  You don't know how many times I've wanted to do the same; enter enemy territory and bring'em the fight.    Sometimes A person cannot say why they know better in wisdom to wait for now.  If I could write it in words I would.

erewenguy's picture

And this is from a guy who

And this is from a guy who does not particularly care about gold and silver...

silver66's picture

Important ruling

Those of us that have watched as accountability has diminished are pleased with this ruling. Financial consequences to a city that let police offiers take a cell phone that was recording an officer

http://baltimore.cbslocal.com/2014/03/12/landmark-settlement-reached-in-preakness-arrest-case/

Silver66

buzlightening's picture

Landmark settlements.

Local levels as silver66 as a crumb falls from the masters table.  Overall in the money fiat ponzi games which continue, you've got perhaps a 15th of a cent overall in global bankster profits being assessed.  Any landmark big bankster settlements, heading into spin dry to dryer, leave little in the lint trap for victims of fraud.  Holding your breath as a litigant and running to cash open the lint trap, has got to be the epitome of severe chronic payout shrinkage!

Verus nemo's picture

Erewenguy's shared video

That energetic guy really highlights what I've been watching on the commodity futures board since the beginning of the year generally and since the end of January specifically: severe price inflation appears now to be very much "in the pipeline." If you've thought that your monthly groceries have been increasingly expensive, I'll bet that we ain't seen nothin' yet! True inflation starts when the money supply grows beyond the productive capacity of a nation but price inflation is how it is manifested later. That lag period is over.

AlienEyes's picture

C.L.

"What is the greatest engine for discovering the truth?  Correct, cross examination."

.

Well, maybe today but there has been great success in the past with water boarding, hot irons, strong acids and high voltage to sensitive body parts.... not to mention fire to the feet.

The most impressive engine for truth was used in Viet Nam by ROC (Republic of Korea) marines. Six to ten VC or NVA troops were bound and placed in a helicopter and then flown to an altitude of about 3,000 feet. The door was opened and the first was asked, "Where your base?" Then after a ten count, out the door his ass went. Then the same process was repeated with the second prisoner.... and out the door his ass went. At this point the next prisoner was usually talking his ass off and spilling his guts. At the most, four "jumpers" were required but somebody always talked.

ROC "insurance". The remaining prisoners were told that if the talker was later found to be a liar, all of the rest of them would be killed. This often provided more detailed information.

Do you think our crooked politicians deserve any less?  angry

argentus maximus's picture

Good article CaL. People want

Good article CaL.

People want instant solutions, but this will be a process, defended all the way by those who benefit.

A comparison with the tobacco industry nicotine loading for desired addiction together with information about effect of smoking comes to mind.

If those in charge were neutral things would move ahead faster, but the establishment had a lot of irons in the tobacco fire, tax receipts, employment, and the identities of the owners, plus inertia all prevented a quick acceptance of tobacco damage.

The stakes are higher this time round since we are dealing with a financial industry and it's that much more powerful, and good information seems to be just as limited in it's penetration into "hearts and minds" of the public.

Discovery by any means possible, a very positive step in such circumstances.

tyberious's picture

777

AWACS HIJACK PROVEN
Permalink
There is a lot of new stuff below this, don't miss it!
Malaysian airlines flight 377 has been provably hijacked by an AWACS plane. This is outlined in the updates below. The Malaysian military now back paddled and said they did not track the plane, but that's a laugh, they had all the details. And THIS is probably why they forgot all about how they tracked it to the strait of Malacca. Too late, the genie is OUT OF THE BOTTLE.

UPDATE:
The Malaysian military tracked this plane for a full hour with military radar after it "vanished from civilian radar because "the transponders were switched off" (B.S.) radar is radar, it does not need a "transponder" to track a plane and they can eat dog poo. And Awacs would have shut down any transponder for a plane kidnapping anyway, it took no terrorist to do it.

ANYWAY, the plane did a u-turn and was "last spotted" on the other side of Malaysia. They made the mistake of saying it was "flying low" when it was still at 29,500 feet, far higher than needed to show on radar, to deceive people into believing THAT is why it "vanished" from radar. A whole bunch of lies were hatched about how it disappeared from civilian radar because "the transponder was switched off" but RADAR IS RADAR AND ONLY COMMERCIAL AIRLINERS ARE REQUIRED TO HAVE TRANSPONDERS, PRIVATE PLANES ARE NOT REQUIRED TO HAVE TRANSPONDERS. Radar is there to prevent private planes that have no transponders from hitting commercial ones among other things, and if radar can see a private plane that has no transponder it certainly can see a huge jumbo jet. So you can take the transponder lies and trash them.

But the plane DID disappear from civilian radar even though military radar tracked it for a now admitted full hour longer.
What could make a plane disappear from civilian radar while at 36,000 feet yet still be visible on military radar? ONE THING, and it looks like a UFO (as some have speculated) only it's attached to a boeing jet - the antenna on a U.S. Air Force AWACS plane. The fact that this missing jet vanished from civilian radar yet remained visible on more robust military radars proves well enough for me that this indeed was an AWACS hijacking, just like we saw on 9/11 where AWACS planes were seen on video observing if not controlling the crashes into the twin towers. Once the plane flew far enough West, Awacs was obviously enough to jam both civilian and military radars, probably because they entered a zone where the angle of both incoming signals allowed for their simultaneous cancellation. That is where the plane finally "vanished" forever, an hour after the "official" vanishing act. The final vanish happened while at 29,500 feet.

In this scenario, we now have: The plane did a u-turn and flew the other way for a now admitted full hour. THAT supports the Awacs story.

Obvious fake photoshopping of "terrorists". THAT supports the Awacs story.

Cell phones still ringing, which would only be possible with a safe landing. THAT supports the Awacs story

Missing black boxes. THAT supports the Awacs story (the plane is obviously intact)

A reason to electronically hijack the airplane - 20 top people from a semiconductor firm that works defense, with employees working for countries that are not allies yet VERY powerful - THAT supports the Awacs story

And the GRAND FINALE: PLANE DISAPPEARS FROM CIVILIAN RADARS WHILE REMAINING VISIBLE ON MILITARY RADARS. THAT supports the Awacs story and pushes it to the forefront of logic like a tsunami on a beach umbrella, if THAT does not raise a few eyebrows people are sleeping.
And I'd have to say the CIA's obvious pushing of B.S. regarding this supports the Awacs story as well; If this plane shows up somewhere in pieces now, it was electronically hijacked by an AWACS plane - the same type seen on 9/11, and the people were offloaded and questioned (engineers probably waterboarded for defense secrets). IF that plane shows up in pieces now it happened last night, not three days ago FINAL ANSWER.

UPDATE: Exact logic sequence for proving the U.S. air force hijacked the Malaysian airlines flight.

1. Absent an awacs type system which can precisely monitor a received signal and spoof a return signal (or phase cancel it) you cannot disappear a non stealth aluminum skinned plane from ANY radar system. After vanishing from civilian radars, it remained on military radars that would work better against AWACS. That pretty much says it all.

2. Iran is an ally of Russia. Russia has Awacs type systems, but would not try to frame up Iran in a terror plot with a fake passport story supported by idiotically faked photos. Russia did not do this.

3. China and Malaysia also have Awacs type systems. Since it was a Malaysian plane flying with Chinese engineers, it is safe to rationalize out that neither China nor Malaysia did this.

4. Though the engineers on the plane also worked with stealth technologies such as Awacs, it takes a huge UFO shaped antenna to make such systems work, and Malaysian passenger jets do not have them as a standard feature. This was not a stunt played by Freescale Semiconductors.

5. Israel wants war with Iran, and the CIA hatching a terror plot with horribly faked photos stands in the evidence pool against the U.S. air force, which is their sex slave.

6. The obvious motive was military, and a real tie in was the fact that the plane disappeared from civilian radar while at full cruising altitude, but not the military radars. In this case the air force had to choose which radar they would spoof with Awacs (there is extreme difficulty with spoofing more than one system simultaneously unless there is a lucky alignment of signals) and they just hoped the military would not catch on. ONE PROBLEM, the Malaysian military was not as inept as the Air Force thought. PLAN FAILURE.

7. The Iranian terror plot fits the logic tree well. Since the photos were obviously faked, WHO WOULD DO THAT? WHO WANTS WAR WITH IRAN? No brainer there.

8. The cell phones are ringing, and the only organization in the world that can say where they are is the NSA. WHY THE SILENCE?

logic sequence output: Because the plane was hijacked electronically by those who keep the NSA funded and the NSA has been told to SHUT UP. If those phones were in lost baggage, the NSA would have said so RIGHT AWAY, and even the airline company would have figured it out by now, found the bags, heard the phones ringing and said, OH, WE KNOW WHY THEY RING. And the phones are not dead ringing as can happen with some american carriers, because on one occasion one of the phones was picked up and hung up without anything being said. But NOPE, NOTHING on this from the NSA, which means those phones are ringing on a runway somewhere, and the NSA knows EXACTLY WHERE. Yet they still support the CIA, which is doing it's best to hatch a B.S. terror plot about a couple Iranians with fake photos and THERE IS YOUR ANSWER, AMERICA HAS THAT PLANE AND IS PROBABLY WATERBOARDING THE FREESCALE ENGINEERS RIGHT NOW, EXTRACTING CHINESE MILITARY SECRETS. If the plane is now "found" in pieces it will mean "they" gave up on the B.S. story line and decided to ditch it somewhere rather than use it on the Petronas towers or the Sears tower.

The hijacking story won't work now that we know the Malaysian military was able to track the plane because a hijacker cannot switch off a radar system 500 miles away and cannot prevent the plane from being found on radar wherever it went to, ONLY AWACS COULD.

http://jimstonefreelance.com/

Bollocks's picture

tyberious

Exactly. Ground radar knows at all times precisely where an aircraft is. Turning off a transponder simply removes altitude and flight ID info (and speed too, but ground radar can judge this).

edit: air traffic controllers during 9/11 confirmed this, yet the commission report said the aircraft couldn't be located because the transponders had been turned off. Pure BS. Lies lies lies.

Syndicate contentComments for "FCPA, Gold, and Miners"