by Alex Wallenwein

May be slow to load,items coming from other servers.

TED BUTLER COMMENTARY January 15, 2007 DANGER ZONE (This essay was written by silver analyst Theodore Butler, an independent consultant. Investment Rarities does not necessarily endorse these views, which may or may now prove to be correct.) When anyone speaks in absolute terms, they set themselves up to be absolutely right or absolutely wrong. Being right is easy to handle, but being absolutely wrong, especially in full public view, is something to be avoided. That�s why it's good to avoid speaking in absolute terms about markets. I�m going to disregard that normally good advice and speak in absolute terms about the gold and silver markets. I�ll be talking about something truly important, something that has me very nervous. The Problem In simple and absolute terms, the gold and silver markets are in the most dangerous position since I've followed them, or more than 35 years. I have definitely not turned bearish on silver, nor am I expecting lower prices in the long term. Although I expect near term volatility to increase, I�m more bullish on silver than before, if that's possible. Then, what's the danger? The danger is to the market itself, specifically to the COMEX, the world's leading precious metals exchange. Trading on the COMEX has come to dominate the world price of gold and silver to such an extreme extent that it has become unhealthy. A large part of the danger is the concentrated short positions. They have grown to such an alarming size that they threaten normal operations and, perhaps, the very existence of the Exchange. But it�s not solely the concentrated short position, as I hope to explain. Please keep in mind; the COMEX is part of the New York Mercantile Exchange (NYMEX), which, in turn, is the largest energy exchange in the world. This is no minor matter. Any disruption of such an important financial institution, now a publicly traded company, could have serious repercussions. I know that this is a complicated issue. I know I have been alone in writing on this issue. I know I bring it up repeatedly. Although I focus on the silver concentrated short position, lately it appears that gold has caught the silver concentration "disease." I am convinced it is the most important issue in gold and silver. The paper COMEX market has been allowed to become so dominated by large traders that it is doing something that is expressly against commodity law. Because the regulators at the CFTC and the NYMEX have allowed them to do so, the largest traders in COMEX gold and silver futures now set the price, rather than "discover," or follow, the price set by the fundamentals. It is important to grasp this concept. Commodity law and regulation are intended to prevent the futures markets from controlling the price of world commodities. The futures market "tail" should not wag the world market "dog." Yet that is precisely what has occurred in silver, and now gold. Large speculators in COMEX silver and gold, both on the short side as well as the long side, now set the world price of each. This is contrary to commodity law. Over the past three weeks, the price of gold has climbed $100 per ounce and silver has climbed more than $2 per ounce. The large non-commercials on the COMEX accounted for roughly 95% of the net buying in gold and silver over this period, with the "little" guys (unreporting traders) making up a very small 5% of the total net buying. My point is simple � large speculative buyers of paper contracts were behind the gold and silver price moves, not refiners or jewelry fabricators or industrial consumers. Nor were long-term investors who pay cash on the barrel. Therefore, paper speculators determined the price. That is against commodity law. Period. While it is true that large paper buyers are responsible for the recent price increases, that in no way, diminishes the real crime and danger in the gold and silver markets, namely, the continued expansion of the concentrated short positions. The concentrated short sellers in COMEX gold and silver futures threaten the very existence of the Exchange. Since it started moving up from $4 oz several years ago, it made no sense that silver should have the largest short position of any commodity in history. The only reason, and it can hardly be called legitimate, is to attempt to manipulate the price to be lower than it would have been without the giant short position. It should be clear today that whatever their motivation, the big shorts miscalculated and they are on the wrong side of the trade. The latest COT Report, for positions held as of January 9, indicates new record extremes in all the concentrated short categories in silver and gold futures. In both the 4 or less traders category and the 8 or less traders� category, the net short concentrated positions rose to levels never witnessed. In gold, the eight largest traders accounted for 95% of the all the COMEX commercial selling in the past three weeks (with the 4 largest making up most of that amount). Without this concentrated short selling, prices would have climbed much higher. The remarkable fact is that the natural hedgers, the gold mining companies, have been retreating from forward selling, leaving the question open as to who the heck the sellers are and what is their legitimacy? At precisely the time the gold miners hold the lowest forward sale position in many years, the four largest traders on the COMEX hold a record net short position of 75 days of world mine production and the 8 largest traders hold a short position of more than 104 days world production. Gold�s concentrated short position, expressed in days of world mine production is the largest of any commodity other than silver. The 4 or less traders in silver are now net short more than 282 million ounces, or more than 161 days of world mine production, another ugly new record. The 8 largest traders are net short almost 200 days of world mine production. Not only is this a record for silver, it is so far beyond a record for any commodity that I can confidently predict that no commodity will ever again have such a preposterously large short position. It is the combination of aggressive (and yes, manipulative) buying by large COMEX speculators and the reckless concentrated short position that puts the Exchange potentially in harms way. The big shorts are so exposed that they could now be desperate. In the last three weeks, the eight largest short traders in gold and silver have racked up market losses (and margin calls) of more than $3 billion. This, in addition to hundreds of millions they were out prior to that. These new losses are far beyond any that they have ever experienced. And because of the record large short positions they hold, their exposure to new losses has never been greater. This should be alarming to market observers (and regulators). The extreme concentrated short position in gold and silver is the prime reason to be alert to an attempt for a vicious and engineered sell-off by the shorts. It also will be the reason for a market melt up, if the shorts lose control. There is nothing good one can say about the concentrated short position. It smells to high heaven and this is why I write about it so frequently. It is obvious that neither the regulators at the CFTC nor the Exchange have lifted a finger to rectify this dangerous situation, in spite of repeated public petitions. Due to the uniqueness surrounding the silver concentrated short position, and how much it represents in terms of real world metal, it wouldn�t take an extreme market move to disrupt the Exchange. A $20 up day in gold and a 50-cent up move in silver (which has been experienced recently) generates an additional $630 million daily loss and resultant margin call to the 8 largest shorts in gold and silver. Two such days and you double the loss to more than $1.2 billion. It is likely that the 8 large shorts are close to the same in each market. If one or more of the concentrated shorts run out of liquidity, due to growing losses, and they are unable to fund daily margin calls, the Exchange would be impacted. Because the shorts are held in such concentrated hands, the losses and margin calls are automatically concentrated. Therefore, if one or two (or more) of the big shorts get into trouble, the Exchange and the markets get into trouble. This is the problem. If a big short can�t meet continued margin calls, the burden falls, eventually, to all the other clearing (guaranteeing) members. There is a guarantee fund maintained by the NYMEX, and a separate default insurance policy to meet a clearing member default, but the two combined only total about $250 million in protection. http://www.nymex.com/ss_main.aspx?pg=3 Because the size of the concentrated short position is so large, in a default, those funds could be exhausted quickly. Then it comes down to demands on other clearing members. Thus, in a case where one of the big concentrated shorts gets into trouble and can�t meet margin calls, other clearing members (and, effectively, public shareholders of NYMEX stock), not involved in gold or silver (like energy houses) will be required to pony up massive amounts of money to clean up the mess. If that�s fair, the explanation is lost on me. Let me be clear, if the shorts lose control, the price will explode. If the shorts are able to rig another sell-off and are able to cover many of their short positions on tech fund liquidation, it will set up a great buy point. But it will still be how this short position plays out that is the main factor in the market currently. From a free market perspective, that�s nuts. The Solution My solution involves nothing more complicated than selectively increasing margin requirements. This is something the Exchange does on a regular basis, and is understood by all to augment the strength and integrity of the Exchange. But my solution involves targeting the margin increases to where they will really do some good. The problem in COMEX silver and gold is because of the largest traders, not the small traders. Therefore, that�s where the focus of the solution should be. Smaller traders haven�t had anything to do with the manipulation or in creating the potential margin default. So, they should not be subjected to higher margins to safeguard the market. I would use the Exchange's and the CFTC's own definition of large and small traders to determine the margin increases. The definition of a large reporting trader is anyone holding 150 or more contracts of silver and 200 contracts of gold. For all traders holding fewer contracts than those levels, no special margin increases. For those traders holding more than the reporting limits, and up to 1000 contracts each of silver and gold, I suggest increasing margin requirements to one-half the full cash value of a contract. Any such margin increase should apply to both the longs and the shorts. For those very few traders holding more than 1000 contracts in gold or silver, the margin should be the full value of the contract. This would probably involve less than 25 silver traders and 100 gold traders. The only exception would be for shorts depositing warehouse receipts to be delivered in the current delivery month. Why am I proposing this steep increase in margins for the very few largest traders? To protect the market from default and to discourage unnecessary speculation or manipulation by either giant shorts or longs. Such full contract margins would restrict the very largest traders from trading in massive quantities of paper contracts and nullify their heavy resultant influence on prices. Not only does every exchange use margin increases when they deem it appropriate, the NYMEX, in particular, has resorted to even more extreme measures in the past. In 2000, they increased the margin in palladium to almost double the contracts full value. http://www.gold-eagle.com/gold_digest_00/butler081900.html When the NYMEX instituted the extreme margin change in palladium, it was intended to punish the longs and protect Exchange insider shorts. My proposal is to strengthen the integrity of the market and does not discriminate against either the longs or the shorts. I am suggesting my margin proposal be enacted before a default is apparent. Extreme margin increases and trading restrictions will, by precedent, most likely be enacted by the regulators after the problem becomes apparent. I know governments and regulators are reactive, rather than proactive, but they need to do something now. |
| |
Gold has had a great run lately. As I have indicated previously, if you look at the long term monthly close chart of gold, $700 provides a major resistance, because gold had never stayed above $700 for over a month in its entire history, neither in 1980 nor in 2006, until now. This is the main reason why it had taken over a year to overcome it, and the reason of the current explosive upward movement.
I. Powers and Rights Reserved To We the People, Never Delegated or Violated Without Consent
A. The People are expressly defined as human beings and does not refer to corporations or contractual relationships.
B. No contract, agreement, or promise may ever bind any human to refuse to enforce the law, or prohibit them from speaking on matters of public interest.
C. We the People may believe anything, including the possible belief that this Constitution must be discarded and replaced with a superior document which defends the People and protects their power to enforce this Constitution against the Government.
D. The People are educated to apply the lessons of history to ensure rights are preserved, power asserted, and this Constitution is protected from domestic and foreign enemies.
E. The People have the enforceable right and power to review any public document and access any public official.
F. The People have the enforceable right to engage in any speech, communication, or discussion on issues of war crimes, government incompetence, or allegations of reckless government planning and maladministration.
G. Government officials, agencies, departments may not invoke any power or right they have denied to the People.
H. The People have the right to affordable housing. Where none is available, the government is denied the power to prosecute anyone for not living in a home, or residing in a public park, open forest, or public lands.
I. The People have the enforceable right to freely travel, without questions, and without delay. Any law enforcement officer, agents, or contacted security official who uses any ruse, scheme, or deception to engage in pretextual stops shall be enforced as a violation of this Constitution.
J. The People have the enforceable right to compel govenment officials, contractors, and securty personnel to identify themselves, disclose their policies and procedures, and respond to complaints about violations of this Constitution, the Supreme Law, or laws of war.
K. The People may not be subject to any electronic surveillance except on probable cause and a warrant before a judicial tribunal. The President, Congress and others are expressly denied the power to enact, create, use, or rely on quasi-judicial tribunals to self-certify warrants to conduct surveillance.
L. All denied powers to the US Government in this Constitution are reserved to the People to be used to defend the Constitution.
II. Powers and Rights Reserved to States
A. States shall have authority to enforce any law within their jurisdiction. Failure to enforce the laws of war shall be prosecuted as a war crime.
B. States shall, when the Federal Government refuses to enforce the Constitution or Supreme Law, enforce the national and international law against contractors, legal counsel, state or US government officials.
C. Any state may start impeachment investigations or proceedings against the President, Member of Congress, or US government official on issues of international laws of war, domestic rebellion, or violations of the Supreme Law oath of office, or Geneva Conventions. The States shall, upon receipt of an impeachment investigation or conviction from any other state, shall within 10 days debate that resolution. If convicted by 2/3 of the States, that US government official shall be removed from office. Any effort to thwart State efforts to enforce the US Constitution through impeachment investigations or impeachment proceedings at the State level may be construed as a subsequent violation of this Constitution and laws of war.
D. The States may, without notice, organize themselves to collectively defend this Constitution from the domestic enemies in the United States government. The States Governors have the standing power, right, and authority to use deadly combat force to enforce this Constitution against US government officials.
E. A failure of any State official to enforce the laws of war shall be subject to a war crimes trial within 90 days of discovering that evidence. Where there are credible allegations of war crimes, a failure to investigate shall be construed as a subsequent war crime, punishable by the death penalty.
F. States have the power to enforce contract obligations between contractors and the US government which affect the rights of their State citizens. Failure to enforce these contractual obligations against the contractors or US government could be construed as a subsequent violation under the laws of war and US Constitution against legal counsel, state officials, or court officers.
III. Independent Branch
A. All US government, contractor-provided, and legal counsel data shall be retained in an independent branch.
B. The President, Congress, and Judicial branches have no power, right or claim to not fully fund this Independent Branch.
C. The Independent Branch conducts electronic surveillance of the US government, stores that data, and ensures there are independent, safe, retained records of all US government transaction, including conversations and memos between legal counsel and government officials. Once created for the government or connected with any legal or illegal activity, these records are public records.
D. The data may be seen only upon a showing of reasonable belief or suspicion by the United States Congress, Court, or Executive Branch that the information may be useful in enforcing the Constitution, Supreme Law, or Geneva Conventions.
E. Private citizens may view any data, unless the US government provides sufficient, detailed evidence why that request for information should not be met for bonafide, lawful secrets. Any effort to hide evidence behind a claim of "state secrets," where that claim is linked with an effort to bypass the Constitution, oath of office, Supreme Law, or laws of war may be punishable by the death penalty.
F. All government data belongs to the People. Any legal counsel working for the US government shall ensure that the People's right to reliable information is protected. A failure to protect this information could be construed as a war crime.
IV. Prosecutorial Branch
A. All prosecutorial options are denied of the President.
B. The Prosecutorial branch has the power to raise independent combat power, support them, and may lawfully use that deadly combat force to confront Members of Congress, the Judicial Branch Officers, or the Presidents upon showing of probable cause for war crimes.
C. The prosecutorial power is the exclusive power of the prosecution branch. However, anyone may make a claim of illegal activity, and enforce the laws of the United States and States respectively. Any effort to block anyone from unilaterally attempting to enforce the laws of war through discovery, investigation, and open discussion of those alleged war crimes shall be construed as a possible subsequent offense under the laws of war.
D. Legal counsel are subject to public review, audit, and can be required, with fair notice, of a requirement to demonstrate before any court their compliance with the laws of war.
E. Legal counsel may be denied authority to conduct discovery during any investigation when that discovery is linked with efforts that would thwart war crimes investigation, enforcement of the Supreme law or Geneva Conventions.
V. Judicial Branch
A. The Judicial Branch is above the Legislative Branch and Executive Branch only in order of precedence. The Judicial Branch is a co-equal branch, and closest to the People and Constitution. It is least responsive, and most slow to the People's daily interests to enforce the Constitution and Supreme Law or Geneva Conventions.
B. Where the Judicial Branch does not timely enforce the Constitution, Supreme Law, or laws of war, the States and People retain the power and right to investigate and prosecute allegations of US government illegal activity, war crimes, or violations of the Supreme law.
C. All precedents under the laws of war are binding on the Judicial Branch, US government, and the People through enforcement actions.
D. Any decision by any judicial officer not to fully enforce the laws of war, Supreme Law, or this Constitution may be construed as a war crime, subject to the death penalty.
VI. Legislative Branch
A. The Legislative Branch is listed after the Judicial Branch because it is less responsive to the People.
B. The Members of Congress may be stopped between sessions and held to account for their failure to enforce the laws of war.
C. Refusing to investigate or impeach the President, Judicial Officers, or any current or former US government official for alleged war crimes, maladministration, illegal warfare, or other crimes against the People, States, or US Government shall be prima facie evidence of an intent to not fully assert ones oath of office, and punishable by the death penalty under the laws of war.
D. There are three chambers to the Congress. The Senate and House have a legal duty to fully enforce the laws. Any decision to not timely review evidence of impeachable offenses, or not investigate war crimes or maladministration could be construed as subsequent offenses under the laws of war.
E. The Superior Chamber shall decide, before any debate, whether the proposed bill is or is not Constitutional. This determination is subject to approval, challenge, and rejection by the People, States, and Judicial Branch.
F. The Congress is denied the exclusive power to make rules. Any rule which prohibits any investigation into alleged malfeasance in re the laws of war, Supreme Law, or oath of office is illegal, and may be construed as a subsequent offense under the laws of war.
G. The Congress shall comply with public audits, and timely provide within 45 days of an audit report a statement of remedy, and outline a plan within 90 days to fully comply with all legal obligations under the Statute, Supreme Law, oath of office, and laws of war.
H. The Congress may raise and support an army, and independently order that army only against the President when the President refuses to enforce the laws of war, or comply with his legal obligations under this Constitution.
VII. Executive Branch
A. The Executive Branch is led by three Presidents, co-equal with non-overlapping jurisdictions. The Executive Branch has one power: Executive Power. All actions taken under that one power are lesser authorities not powers. The Executive Branch has no power to create new powers or assign itself broader power.
B. The Executive Branch is listed last because it is the least responsive to the People, and the greatest threat of tyranny to this Constitution. The President is a clerk, not a King or Emperor. The President only manages programs. The President has no power to ignore, rewrite, or refuse to enforce the law. Each of the three Presidents shall have an ongoing requirement to demonstrate to the People and States and Congress and Courts compliance with the Constitution, Supreme Law, oath of office, and laws of war.
C. The Domestic Affairs President is responsive to the States and US Government on internal affairs.
D. The Foreign Affairs President shall have exclusive power to interact with foreign powers. The Foreign Affairs President is denied any power to violate the laws of war, or use covert activity against American citizens.
E. The Executive Branch, Congress, Judiciary, and Foreign Affairs President are denied the power to thwart any lawful State action to organize with foreign powers and agents to defend the US Constitution, enforce the laws of war, or protect the rights and powers of the People and States against domestic encroachments by the US government, legal counsel, or other US government officials.
F. The Commander in Chief shall only have power to lead combat operations during war time. Congress shall conduct ongoing, public reviews whether the Commander in Chief is or is not competent in managing combat operations. The Presidents and Commander in Chief are denied the power to prohibit Congress from using electronic surveillance or use separately raised and supported armies to conduct this oversight during wartime and peacetime.
G. The Executive Branch is denied the power to block anyone from getting access to illegal activity related to the laws of war.
H. During Peacetime, the Commander in Chief shall periodically cooperate with ongoing Oversight of US combat forces to ensure they are combat ready, fully trained on the laws of war, and prepared to lawfully be used to defend the Constitution against foreign and domestic enemies.
I. The Executive Branch and Presidents and officers, agents, contractors, and personnel are denied the power, right, or authority to order anyone to ignore any statute, law, legal requirement, or obligation under the Constitution.
J. The Executive Branch has no power or authority to directly contact the Legislative Branch by name. The President may only request, not order other branches of government. All Communications between the Executive and Legislative Branch shall pass through the Prosecutorial Branch, and retained in the National Archives. Those records are available for public inspection at any time. The People have the enforceable right to compel the Executive Branch, Legislature, and Judicial Branch to produce documents.
K. The Executive Branch, Congress, Judicial Branch, and Prosecutorial Branch, and States are denied the power to wage warfare, information warfare, or harass American civilians through his agents, combat troops, or third parties in the United states or from overseas. Any funds used for this illegal purpose belong to the People and States. Contracts used to enforce, compel, or organize this illegal activity are not enforceable, and contrary to public policy.
L. The Presidents are denied a presumption of competence until proven. The President shall always have the burden of proof, and is expressly denied a presumption of good faith until demonstrated with overwhelming evidence in public. An election result is not proof of competence nor does it satisfy a presumption of good faith, only of mastery to win an election through legal or illegal methods and deception.
M. The Executive Branch and Presidents and subordinate agency head, contractor, and employees are expressly denied any assurance any conversation he has related to illegal activity, war crimes, unlawful acts, or other threats to the US Constitution shall remain secret behind any shield, scheme, agreement, or technology. Any order a President or anyone gives to anyone to hide, destroy,not provide, or conceal evidence of illegal activity may be construed as a subsequent war crime, punishable by the death penalty. This restriction against following illegal orders may not be bypassed by claiming the order was from a non-person, electronic device, or other non-Constitutionally recognized entity, database, policy, guide, or other document.
N. The Presidents are denied the power to use any combat force, technology, or other military weapon or plan against American civilians, except in cases of internal rebellion which only the Congress shall approve in writing. When the Congress fails to act, or abuses its authority, the State Governors may lawfully use deadly combat force to detain and enforce the laws of war prohibiting illegal use of force against American civilians.
O. The Presidents are denied the power to induce any civilian to take any action that might deny them on any Geneva protections as a civilian. Any order, ruse, scheme, propaganda, or unreliable information to induce anyone to wage war, information warfare, or any action to harass civilians is punishable by the death penalty, and may be enforced as a violation of the laws of war.
P. The President, when delegating any power to any agency head, agrees that that agency shall be organized as if it were a separate, lesser, and not coequal branch. Those agencies shall fully cooperate with the other branches of government to ensure power within the branch or department is divided. There is no single agency, division, or office in the Executive Branch that is beyond ongoing oversight by the other four branches.
Q. The President shall have no power to block the Congress, States, Judiciary, Prosecutorial, and Independent Branch from a having co-equal status to oversee, manage, and organize that lesser branch. If the President refuses to substantially comply with that requirement, Congress may not lawfully provide funding for that agency, and the funds return to the States and People.