Fighting Back
If you're depressed and despondent over the price action in the metals, don't be. It's all simple, option expiry nonsense and it will get better next week. Besides, I have some happy news for you today...The Good Guys are fighting back.
You'll recall that late last year, the U.S. District Court in New York dismissed the civil suit for silver manipulation against JPMorgan. At the time, The Court granted the plaintiffs 30 days to re-file. Today, I'm happy to share with you that they, in fact, have re-filed and are quite optimistic about their case going forward.
First up, here's a link to the summary written by Turdville Attorney General CALawyer in the days immediately following the dismissal. You might want to review this again before going forward. http://www.tfmetalsreport.com/blog/4408/guest-post-summary-silver-civil-suit-dismissal-calawyer
Upon receipt of the filing yesterday, I once again sent it off to CALawyer for his opinion. Time was short so he was only able to reply with the email below. We are all in his debt for taking the time to review it. Again, CALawyer, THANK YOU!
Hey Turd:
This is my quick take. I read the Motion for Leave to Replead. It is very standard, and should be granted. Routine pleading, nice summary. The defense will oppose, claiming that even with all the new proposed facts, the new facts do not make a difference and thus, the Motion for Leave to Replead should be denied. It is a very low hurdle for Plaintiffs, and the Motion is almost certain to be granted, based on the new facts from the Proposed Second Amended Complaint. My read of the proposed new complaint is that this should be enough to make out a case. That may or may not be enough to get discovery launched, but the absolute last thing the defense wants is an army of Plaintiff attorney's scouring through the JPM documents. No TBTF bank wants that, ever. I hope, but I do not know, that the court will grant discovery on this based on the showing of alleged facts from the new complaint, though.
For example, look at this new allegation, at paragraph 137. I like this quote a lot:
"e. As a sophisticated and large market participant as well as a
market maker on the London market and clearing member of COMEX, JP Morgan
well knew each of the foregoing facts as they occurred. By selling in the small
COMEX market, JP Morgan knew that it received lesser sale prices because it had a greater depressant effects on prices. Thus, JP Morgan repeatedly and
uneconomically incurred additional transaction costs in order to sell at the lower
prices it caused on COMEX. JP Morgan thereby intentionally acted contrary to the
conduct of a hedger by repeatedly incurring greater transaction costs. It did so in
order to depress prices."
This allegation is tight, and makes out a compelling case, because it finally shows that JPM's behavior is illogical and hence, that leaves only the conclusion that it was manipulating prices. The distinction between the Comex and LBMA as far as price, volume, etc., is critical. Rhetorically, then, the obvious question that is asked, "Why would JPM hold a large short position on Comex to hedge when hedging on Comex cost more than on LBMA?, is then answered: "Because it wanted to manipulate prices despite the costs to do so because it made money from depressing prices, which ultimately means it was not hedging at all, since JPM would not hold a hedge that lost it money when it could hold the same hedge on LBMA without losing money."
I like the substantial allegations at paragraph 137 a lot. This could get real interesting if discovery is allowed.
That decision is the next real test, not the next motion to dismiss.
Thanks for letting me weigh in.
Anytime you need something my friend, just ask.
Sincerely,
CALawyer, Esq. Attorney General de Turdville
OK, with that, the documents to review are below. The have been filed with the court and are fully public. At this point, we'll need to let the process run its course so no need to get carried away today. However, I felt that it was important for you to know that The Good Guys are continuing the fight on your behalf. Wish them well and Godspeed.
TF
FINAL - BRIEF of JPM CIVIL SUIT RE-FILE by Turd Ferguson
Second Amended Complaint in JPM Silver Manipulation Civil Case by Turd Ferguson
TF Metals Report is supported by voluntary subscriptions and donations. DONATE TODAY!








Comments
Blew My Cover
DrkPurpleHaze, you are too smart! Blew my cover!
The discussion of Armstrong
The discussion of Armstrong and others that try to predict the future is interesting.
Let's face it. PMs will take off when higher inflation kicks in. It is inevitable. There is no turning back. Money printing always ends badly. When does that happen is the question.
We have not seen a time in history where almost every country is printing money and incurring debt that will never be paid. Those in control have managed superhuman can kicking. When will they have to pay higher interest rates to finance the debt? The USD cannot collapse until there is an acceptable alternative.
Armstrong, Sinclair, Sprott, Turk, and all the rest do not know when this happens. They are only making guesses. Educated guesses but still a guess. Your guess is just as likely to be correct as theirs. I have heard Sprott say the he never thought it could go on this long. That he was surprised by the low interest rates bond holders are willing to accept.
Here is my prediction. Those that prepare will be better off than those that do not. Keep stacking my friends.
Bank of Dave
Thanks for posting. I sprayed this around Bay street this morning.
It's probably like garlic to a vampire.
Pulled from 0 Hedge
Scenario (Financial False Flag) something to think about...low probability events can and do occur...
Mike Maloney's Jan alert?
I have to admit for all the people who have a vested interest in pumping up gold and silver (KWN) since they sell it, he's probably the most well presented of the bunch. Makes a lot of sense.He thinks we are very close to a turning point. Metals could drop a bit more but with all the central bank buying and the Fed does not have the gold to deliver, buy on the open market?, this is a super positive to the metals price. Interesting he says he buys 90% silver and 10% gold. What I found disturbing is he thinks the government will tax the snot out of bullion sales, capital gains.. You can't win can you.. The cruel master to us slaves will never change. Sick of it!
Armstrong? Not sure about him and his predictions. Still trying to make a name for himself? Him and Larry Edleson has been calling for a major correction for a couple of years now.. If you followed him you lost real big.
Oh yeah, haven't heard from good old Clive Maund lately? He's probably been wrong too, and doesn't want to show his face..
I just hoped we hold $1640 levels..and a last resort 1626..
PurpleHaze 0936A
Thanks for all the pretty charts. I prefer to operate on the KISS principle (MACD trending with seasonal bias) because you can get analysis paralysis from all those pretty lines. But still, it's nice to look at that fancy stuff from time to time.
ying/yang...yen/yuan
I saw TF's link a couple threads ago regarding this and checked it out. I also remember about 2 1/2 years ago reading the initial mention of this at MarketWatch and the date being mentioned back then was 2015/16.
Since that time I've considered it a 'countdown' of sorts and in my mind the public stopwatch has officially started counting down with the recent MSM press on this future event that won't seem like much to most people but will in fact cause some very competitive ripples across the FX markets.
I see the wild card in this still being the Yen and it's status from now until that time to see where it still fits in as far as strength/weakness against other currencies and then the yuan. At some point the yuan overtakes the yen and fills in that FX gap that is in motion right now.
Bank of England ready to set up first G7 yuan swap
The Bank of England is prepared in principle to become the first G7 central bank to enter into a foreign exchange swap agreement with China, opening the door to another substantial step in moves to liberalize the yuan currency.
The bank’s executive director for banking services, Chris Salmon, told a meeting of senior bankers in London that the move was aimed at underpinning a developing offshore market in yuan trade out of London that Britain is keen to encourage.
keg
"The USD cannot collapse until there is an acceptable alternative. "
Oh, come on. It doesn't depend on the absence of an alternative.
It will collapse when the empire can no longer afford to defend it. It will collapse when the political power center that issues it collapses.
As for inflation, we shall only have that when the newly printed money is spent and injected into the hinterlands. Right now the trillions being printed are locked into a fed-treas-tbtf circle-jerk. And despite the best efforts of the political class to abandon all shreds of legitimacy, we shall not have hyperinflation until that lack of legitimacy has been clearly demonstrated to the lumpenproles. That day shall come, of course, but not this week.
The recent trend I see that is most bullish for PMs is the repatriation of "owned" gold to the various sovereign parties around the world who previously left it in the US for "safekeeping".
Texas Sandman
Thanks for the chart
Yep, those charts are eye-pleasing and I wish I was a chartist like some of you folks are that provide them on here so that I could provide my own.
I absolutely (all of us do) appreciate the folks who go out of their way to share them with the community here.
China is building a new deep-sea mining base
China is building a new deep-sea mining base conveniently near the military’s naval fleet
China announced today that a multi-million dollar deep-sea base will be built off its eastern coast in 2013. The project, worth an estimated 495 million yuan (about $80 million), is said to be for the purpose of mining for rare metals and natural gas deposits in the ocean bed.
What officials did not mention is that the base is just miles from the headquarters of China’s North Sea Fleet, in the coastal city of Qingdao (aka Tsingtao, where the beer gets its name). Qingdao lets out into the Yellow Sea, an area that includes North and South Korea and Japan and poses what some analysts say is one of the world’s worst security dilemmas.
Damn, CBS really upped their ant-gun game
the had some professor on who talked for 5 minutes about how the constitution is worthless and should be abolished. Then Feinstein was on, normal crap there. Then they had the NYPD commissioner, who said that he wants all handguns banned, also.
Perhaps Mr. NYPD doesn't know the history of why NY has a firearms ban in the first place, so that the cops could split the loot with the street thugs back in the Tammany Hall days.
Northern Morocco choke point?
China, Russia, U.S. raise Mediterranean naval focus
Like several other key ports in the region – including Piraeus in Greece and Naples in Italy – it is now partially owned by China. The state-owned Cosco Pacific holds 20 percent the terminal, helping make it one of the dominant – if not the dominant – Mediterranean port operators.
Cosco stresses that it is a purely commercial venture and many analysts agree. But few doubt that Beijing has made a wider geopolitical decision to become much more involved in the region. For the last two years, the People’s Liberation Army Navy has sent one or more warships through the Suez Canal to visit southern European ports, the furthest its fleet has ever operated from home.
By necessity, I use something
By necessity, I use something a bit fancier for day trading when I do it (I did on Friday, as you can see).
But for the longer term, really something very simple works just fine as I've shown. I always trade in the direction of my longer term position, which meant I passed on some very good short sale set-ups, but I don't want to upset my longer term holding or be out of position if there are any upside surprises, which is the surprise I would expect at this time. The early afternoon became reasonable for long side scalps in my view as the cumulative market delta started trending higher.
A decent one earlier in the day also
I have to say it...
How dumb can you be to let off fireworks indoors? That's just insane.
Other nightclub fires
Patrancus is right about DC.
Patrancus is right about DC. I see it every day. Pretty little 20 somethings--male and female--who spent more on what they are wearing today than I spend on clothes in a year. BMWs, Mecedes, Lexii?, big honking SUVs with tinted windows, most with at least one Obama sticker; they pay more in a couple of months of payments than I spent to buy by car. Cops with flack vests, motorcades--"Make way, make way, nobles passing through!" It is a zoo.
But, believe it or not, there is a little remnant of a private market. The man I work for has taken his company from about ten or fifteen people when I started to almost a hundred in seven years. Along with their families, he is probably helping almost five hundred people live a decent life without a handout from the state. Sure, some of our customers are government agencies and K Street law firms, but they don't get any breaks. They pay the same as our private market customers. You give us the money, we'll pass your packets and make sure your calls go through.
What a strange and wonderful world.
Premiums
I've bought a few coins on Ebay, proofs, numismatics, stuff I couldn't get through the regular channels but I can't understand why people will pay more for an eagle than they can get it for at Provident or Goldmart. If they're thinking there is no record, they are being terrible naive, there's always a record. Also, better chance of getting stiffed on Ebay. That said, a lot of people buy on Ebay and they are paying those prices. It indicates something just don't know what it is. Maybe when people decide they want something they bid more than they normally would, get caught up in the action so to speak. At least Ebay is as close to an open marketplace as there is.
I started a spreadsheet a while ago tracking the premiums for various coins at Apmex and I decided to update it yesterday.
Since last August the premium for gold eagles (Specifically one gold eagle.) went up $6.00 which is normal up and down but a silver eagle premium went from $4.53 to $5.43 which is as high as I've seen it. About a 20% jump. As usual, Provident is about a buck cheaper but unfortunately I decided, quite some time ago to track on Apmex. Just picked one out of thin air, I was just curious. I would guess Provident increased their's some too. Goldmart is where I usually buy, they're charging only $34.74 for a new silver eagle which is about a buck cheaper than Provident and if the order is more than $7500.00 shipping is free.
Incidentally, the premiums on certified St Gaudens and certified Morgans has doubled since August. Numismatics are very volatile to say the least.
If only we could outlaw stupidity
>How dumb can you be to let off fireworks indoors? That's just insane.<
If we outlawed stupidity, maybe we would have a different president.
The mind boggles.
I bought some coins on ebay
>I've bought a few coins on Ebay, proofs, numismatics, stuff I couldn't get through the regular channels but I can't understand why people will pay more for an eagle than they can get it for at Provident or Goldmart.<
When I started loading up on double eagles back in 2008-9, I did some of my purchases on ebay. One time, I got a coin that was inferior to anything I had in my collection with spots, etc. I was convinced whomever graded the thing at PCGS must have been on drugs that day since it was labeled as a mid uncirculated grade. And there was something funny about the holder it came in with divets around the edges, so it didn't stack with the rest of my PCGS coins. Fortunately there was a refund privilege (the only way I'll do it on ebay), so I sent it back with a caustic note for refund.
Some time later, I was doing a web search and came upon a demonstration of counterfeit chinese holders... Yup. That's what it was!
You need to be very careful even buying PCGS or NGC graded coins on ebay.
These days, I pretty much stick to teletrade or heritage auctions for my numismatics. You pay a bit more with the buyer's fee, but at least in my experience they won't try to rip you off there.
"Fighting Back"
This PSA is being attacked by the "Progressives" in Milwaukee. Good to see that even the Sheriffs are starting to "get it".
Kudos!
That clip should be played on NATIONAL tv.
Back on 9-2011...The Yuan / 2015
Whether it's 2015, 2016 or 2017 etc...it'll come come quicker than it sounds.
I recall an older brief article (that I alluded to earlier) when the first telegraphing of the yuan trading freely in London was first mentioned by China and London. Nonetheless everyone here knows by this point what's coming once it starts trading. Will it be gold implied by that point is my basic question?
Analysts skeptical about yuan convertibility
Officials also reportedly back London as offshore yuan trading hub
NEW YORK (MarketWatch) — Skepticism greeted news reports that China will make the yuan fully convertible by 2015 on Thursday, with analysts saying the nation’s financial system was not ready for the currency to be allowed to trade freely so soon.
The doubts were raised after Chinese officials reportedly told European Union business officials that the yuan, also known as the renminbi, will achieve full convertibility by 2015, according to Bloomberg News and CNBC.
“Full convertibility would require both that the renminbi first appreciates to around its fair market value and that the government is comfortable allowing conditions in its banking sector and financial markets to be dictated in part by foreign investors. Neither seems likely,” said Mark Williams, Chief China economist at Capital Economics in a note following the reports.
News reports, meanwhile, also cited People’s Bank of China Gov. Zhou Xiaochuan as saying on Wednesday that there was no specific timeline for making the yuan convertible. Zhou, however, said the offshore yuan market was “developing faster than what we had imagined,” according to the Bloomberg report.
China currently restricts the yuan’s availability beyond its borders and allows the U.S. dollar (US:USDCNY) to only trade in a narrow range around a reference rate set daily by the PBOC. On Thursday, the reference rate was set at 6.3889 yuan to a dollar.
But the country’s officials have expressed a willingness to internationalize the currency. For a few quarters now, they have been allowing the use of the yuan for settling trade and have been gradually enabling increased availability of the currency in Hong Kong — a special administrative region of China that has its own government and legal system.
China’s currency policy has also been a frequent source of friction with the nation’s international trading partners, including the U.S., which say an artificially weaker yuan gives the Asian country an unfair trade advantage. China has been allowing the yuan to rise against the dollar since the middle of 2010, however, largely to ease inflationary pressures at home.
More scepticism on London as hub
Meanwhile, a Financial Times report on Wednesday separately cited unnamed U.K. government officials as saying that China has for the first time given its formal backing to moves by British banks to develop London also into an offshore trading center for the yuan, or CNY...
http://articles.marketwatch.com/2011-09-08/investing/30744091_1_yuan-zhou-xiaochuan-chief-china
ASEs - Tulving
Tulving now has monster boxes of 2013 ASEs for $2.99 over spot.
That is the highest premium I have ever seen from him.
http://tulving.com/goldbull.html
FWIW - I think this is a data point confirming that supply is tight for physical metal.
some Willie......
sorry...if already posted. http://www.blogtalkradio.com/trunews/2013/01/25/trunews-january-25-2013
Time to ban
... something. Do we need a nightclub ban or a fireworks ban?
Or, Darwin Awards could be passed out.
Response to: I have to say it...
Good Morning, Good Morning
Lovely day and a lovely evening. I have a little bit of time to relax and reflect this morning so my first comment is for you, opticsguy:
So should it be legal then to pound that professor's face for even talking? Sounds like it. He obviously has forsaken his God-given right to express his opinion, or live in peace for that matter.
PS To Urban Roman: That CBS professor comedian from opticsguy's comment is in need of one.
I carry a gun even when I'm
I carry a gun even when I'm just walking the dogs. I used to think it would be a hassle, but it's second nature to me now.
Now, if I could just remember to bring my phone with me.
@ Harald
I carry a gun even when I'm
I carry a gun even when I'm just walking the dogs. I used to think it would be a hassle, but it's second nature to me now.
Now, if I could just remember to bring my phone with me.
-------------------------------------------------
I'll call and remind you...oh, wait
NGC and PCGS
NGC and PCGS numbers can be checked for validity at their respective websites. Have to register but it's free. I've seen ones that don't check out from time to time at coins shops. NGC even has a phone app, not sure about PCGS. Handy for checking when you're at the shop...if I could just remember to bring my phone with me.
Nutter
http://www.guardian.co.uk/football/2011/oct/22/mario-balotelli-house-fir...
Balotelli has more than one screw loose but even for him this was bizarre