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Trustee to Seize and Liquidate Even the Stored Customer Gold and Silver Bullion From MF Global

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Trustee to Seize and Liquidate Even the Stored Customer Gold and Silver Bullion From MF Global

Courtesy of Jesse's Cafe Americain 

The bottom line is that apparently some warehouses and bullion dealers are not a safe place to store your gold and silver, even if you hold a specific warehouse receipt. In an oligarchy, private ownership is merely a concept, subject to interpretation and confiscation.

Although the details and the individual perpetrators are yet to be disclosed, what is now painfully clear is that the CFTC and CME regulated futures system is defaulting on its obligations.  This did not even happen in the big failures like Lehman and Bear Sterns in which the customer accounts were kept whole and transferred before the liquidation process.   

Obviously holding unallocated gold and silver in a fractional reserve scheme is subject to much more counterparty risk than many might have previously admitted.  If a major bullion bank were to declare bankruptcy or a major exchange a default, how would it affect you? Do you think your property claims would be protected based on what you have seen this year?

You always have counter-party risk if you hold gold and silver through another party, even if they are a Primary Dealer of the Federal Reserve. As Ben said, the Fed offers no seal of approval.   

If a Bankruptcy Trustee can pool your bullion into the rest of the paper assets and then liquidate it at prices that are being front run by the Street, you will have to accept whatever paper settlement that they give you.

The customer money and bullion assets are not lost, or rehypothecated or anything else.  This is a pseudo-legal fig leaf, a convenient rationalization.  

The customer assets were stolen, and given to at least one major financial institution by MF Global to satisfy an 11th hour margin call in the week of their bankruptcy, even as MF Global was paying bonuses to its London employees.

And in an absolutely classic Wall Street move, they are still charging the customers storage fees on the bullion which they have misappropriated from them. lol.

And now that powerful financial institution does not want to give the customer money and metal back. And they are apparently so powerful that the Trustee and the Court are reluctant to try and force its return to the customers, which is customary in this type of preferential distribution of assets prior to a bankruptcy, much less assets that were stolen. And keep in mind that in those last days the firm sent checks instead of wire transfers to customers so they could bounce them, and in a few cases even reversed completed wire transfers!

And so in the great Wall Street tradition they are trying to force the customers and the public to take the loss. The regulators and the exchange are aghast, and are trying to imagine how to resolve and spin this to preserve investor confidence and prevent a run on the system.

'Let them eat warehouse receipts.'

For many this would have been unthinkable only a few months ago. They had been cautioned and warned repeatedly, but chose to trust the financial system. And now they are suffering loss and anxiety, frozen assets, and the misappropriation of their wealth.

How more plainly can it be said? The US financial system as it now stands cannot be trusted to observe even the most basic property rights as it continues to unravel from a long standing culture of fraud.

Get your money as far away from Wall Street as is possible. And if you want to own gold and silver, take delivery and store it in a secure private facility outside the fractional reserve system.

Barrons
The Silver Rush at MF Global 
By ERIN E. ARVEDLUND
December 17, 2011

It's one thing for $1.2 billion to vanish into thin air through a series of complex trades, the well-publicized phenomenon at bankrupt MF Global. It's something else for a bar of silver stashed in a vault to instantly shrink in size by more than 25%.

That, in essence, is what's happening to investors whose bars of silver and gold were held through accounts with MF Global.

The trustee overseeing the liquidation of the failed brokerage has proposed dumping all remaining customer assets—gold, silver, cash, options, futures and commodities—into a single pool that would pay customers only 72% of the value of their holdings. In other words,while traders already may have paid the full price for delivery of specific bars of gold or silver—and hold "warehouse receipts" to prove it—they'll have to forfeit 28% of the value.

That has investors fuming. "Warehouse receipts, like gold bars, are our property, 100%," contends John Roe, a partner in BTR Trading, a Chicago futures-trading firm. He personally lost several hundred thousand dollars in investments via MF Global; his clients lost even more. "We are a unique class, and instead, the trustee is doing a radical redistribution of property," he says.

Roe and others point out that, unlike other MF Global customers, who held paper assets, those with warehouse receipts have claims on assets that still exist and can be readily identified. 

The tussle has been obscured by former CEO Jon Corzine's appearances on Capitol Hill. But it's a burning issue for the Commodity Customer Coalition, a group that says it represents some 8,000 investors—many of them hedge funds—with exposure to MF Global...

At stake is an unspecified, but apparently large, volume of gold and silver bars slated for delivery to traders through accounts at MF Global, which filed for bankruptcy on Oct. 31. Adding insult to the injury: Of the 28% haircut, attorney and liquidation trustee James Giddens has frozen all asset classes, meaning that traders have sat helplessly as silver prices have dropped 31% since late August, and gold has fallen 16%. To boot, the traders are still being assessed fees for storage of the commodities...

 

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Sun, 12/18/2011 - 03:34 | 1990943 luna_man
luna_man's picture

 

 

Like I said...CRIMINALS!!

Sun, 12/18/2011 - 03:02 | 1990914 Printfaster
Printfaster's picture

What we have here is a desperate measure to strip out the gold that Hugo Chavez is pulling out of NY vaults.

Why, oh why is it taking so long for Venezuela to reclaim the gold that it supposedly owns?  Does Venezuela have warehouse receipts for its gold?

Not turning it over could be construed an act of war, and such a long delay could be construed as a form of confiscation.

Sun, 12/18/2011 - 03:00 | 1990912 TerraHertz
TerraHertz's picture

The banker's Secret Plan:

 

1. Profit.

 

2. Profit.

 

3. ???

 

4. Heads on pikes.

Sun, 12/18/2011 - 02:59 | 1990909 Clowns on Acid
Clowns on Acid's picture

Take Jon Corzine's assets.

Sun, 12/18/2011 - 02:57 | 1990906 Milestones
Milestones's picture

We're off to see the wizard, the wonderful wizard of Oz--. Man, this is one very, very deep M.F. rabbit hole.       Milestones

Sun, 12/18/2011 - 02:55 | 1990900 Georgesblog
Georgesblog's picture

The horse has been missing from this barn for so long, that the vultures found the carcass, first. Maybe the public will learn not to pay for promises. Then again, gamblers still put their money down, when the house goes crooked.

http://georgesblogforum.wordpress.com/2011/11/02/the-daily-climb-2/

Sun, 12/18/2011 - 02:46 | 1990889 Jumbotron
Jumbotron's picture

Shit...ok time for bed....but not before taking my acid reducer.....felt a little puke come up in my mouth.

 

Sun, 12/18/2011 - 02:37 | 1990879 azusgm
azusgm's picture

Oh, this will boost market confidence. <sarc>

Who is going to end up with those gold bars when the customers' physical assets are liquidated?

Somehow, Monday is beginning to feel like a buying opportunity for those who want physical. That is, of course, unless the bulliion dealers refuse to sell at the spot price of paper.

Sun, 12/18/2011 - 02:34 | 1990874 AldousHuxley
AldousHuxley's picture

wall st by design runs on greed or fear.

 

Fed makes sure it runs on greed.

 

time to teach banksters to stand on their own merit......

Sun, 12/18/2011 - 02:11 | 1990812 milbank
milbank's picture

In an oligarchy, private ownership is merely a concept, subject to interpretation and confiscation.

So is "America, Land of the Free" and all that goes with that myth, including the Constitution and all contractual law. It is and always has been throughout the history of this country, an illusion perpetrated by The Power to control the masses.  Money is Power. Might makes right.  The difference between now and the last quarter of the 18th century when the illusion was codified is that is you didn't like it, you could go west.  Now there's no where to go, no where to hide. 

 

 

Sun, 12/18/2011 - 09:44 | 1991209 Sean7k
Sean7k's picture

Which, as Sun Tze would have advised, is a terrible strategy. You always leave your opponent an exit. Once backed into a corner, with nothing left to do but fight, he turns most vicious and dangerous.

Sun, 12/18/2011 - 07:23 | 1991070 omniversling
omniversling's picture

Could start with a discussion about the 'freedom' of the First Nations and the slaves.

Sun, 12/18/2011 - 11:14 | 1991378 Chuck Walla
Sun, 12/18/2011 - 11:12 | 1991377 Chuck Walla
Chuck Walla's picture

Here, these people seem to be kinda scary...

http://www.thetalkingdrum.com/

Sun, 12/18/2011 - 04:36 | 1990992 Dugald
Dugald's picture

There is always the option of retribution.....is that not an unailianable right?

Sun, 12/18/2011 - 07:14 | 1991065 toadold
toadold's picture

Look for car wrecks, explosions, and sub-sonice .22 holes in skulls. Family members of trustees disappearing.  Some of those warehouse tickets are owned by people from Chicago and New Jersy.  

Sun, 12/18/2011 - 03:39 | 1990945 TheMerryPrankster
TheMerryPrankster's picture

In an oligarchy, private ownership is merely a concept, subject to interpretation and confiscation.

It would appear all we own in the oligarchy is DEBT, assets are fungible, but debt is never written off or forgiven. Matter of fact surcharges and penalties make sure debt is never reduced, let alone paid off.

This game grows thin

Sun, 12/18/2011 - 07:34 | 1991074 omniversling
omniversling's picture

Insurmountable debts appear to be forgivable for the improperly connected, through the socialisation of it to the next generations of taxpayers...

On the other hand, if you're a mere debt slave that don't cough up...rendition to FEMA for a waterboarding, held indefinitely without charge or trial...

And if making too much of a fuss or getting too active beforehand, a quick bit of gang-stalking, gassing, direct-energy weapon induced illness, pollonium, or Morgellons...?

 

Sun, 12/18/2011 - 02:55 | 1990893 Jumbotron
Jumbotron's picture

It did indeed start VERY early......

http://www.pbs.org/wgbh/amex/duel/peopleevents/pande22.html

OWS....Occupy Whiskey Street

http://en.wikipedia.org/wiki/Whiskey_Rebellion

Call it progress. In 1794 we reached for our firearms and were ready to start shooting. Today we reach for our lawyers, our lobbyists, our PACs and our PR firms. And most of our shots are verbal.

It goes to show (I think) how civilized we have all become. (A quote from this article)........http://www.earlyamerica.com/review/fall96/whiskey.html

 

Sun, 12/18/2011 - 08:01 | 1991089 Al Gorerhythm
Al Gorerhythm's picture

There's little civility left in anything that I think when fuming about the Corporate run, Fascist model America. I prefered those wistful days of yesteryear when the law had a backbone and politicians were statesmen; Circa 1776.

Sun, 12/18/2011 - 08:51 | 1991142 nmewn
nmewn's picture

X 15 trillion and counting.

Sun, 12/18/2011 - 01:53 | 1990791 sumo
sumo's picture

This goes beyond greed and predation.

This is manic addiction. Wall St must be addicted to the high it gets from ripping up dumb money.

A predator at least rests when its stomach is full. But Wall St doesn't know when to stop. They can't stop.

This will be their undoing.

Sun, 12/18/2011 - 02:59 | 1990910 Oracle of Kypseli
Oracle of Kypseli's picture

That's in  your face confiscation of your property. Madoff was a blip. If the investors are not made whole, and Corzine walks. Get your guns ready boys and girls. You can only recover by force.

This is the end of wall street.

Sun, 12/18/2011 - 16:32 | 1992046 cranky-old-geezer
cranky-old-geezer's picture

 

 

This is the end of wall street.

No, it's the end of your 401k, pension fund, and any other assets they can get their hands on ...not to mention what you foolishly leave in a brokerage account right under their nose.

Sun, 12/18/2011 - 11:06 | 1991359 ljag
ljag's picture

And just how many 'normal' middle class citizens do you know that run around packing a piece? We sit in front of our monitors and gasp at this rip-off and that swindle while listening to the din of rage......yet nothing gets done? Gee, imagine that? It won't stop until the oligarchs reach down one more rung and try and grasp that last nickle from the poor that things will get violent. THAT will be their undoing. All the small time hustlers and drug dealers are busy picking up those nickles now and can't be bothered with an activity that doesn't 'raise the stack'. That will change soon. When it does, Kyle Bass's crib will be occupied with more people than he had planned for.

Sun, 12/18/2011 - 11:54 | 1991472 azusgm
azusgm's picture

My father was a farm boy and served in World War II.

We grew up in the country where there were snakes (not the two-legged) kinds to be encountered. My parents had small businesses and brought home the contents of the tills at night.

My siblings and I grew up with loaded guns in the cars and in the house.

A gun is not a badge of wierdness.

Sun, 12/18/2011 - 11:38 | 1991446 Chuck Walla
Chuck Walla's picture

I Carry.

Sun, 12/18/2011 - 11:00 | 1991346 Widowmaker
Widowmaker's picture

It's bigger. Is the end of fraud money.

At the top of the list is the US dollar. Fuck it and all who touch it.

You will see.

Masters of one thing -- fraud.

Sun, 12/18/2011 - 11:32 | 1991433 RockyRacoon
RockyRacoon's picture

Fraud! you say.   I concur.  Perhaps Kyle Bass ain't so crazy after all:

 

 

Legislation Seeks Steel Cents and Nickels December 16, 2011 By

Two bills were introduced in the House of Representatives on December 15, 2011 which seek to immediately alter the metallic composition of the one cent and five cent coins. Although the text of the bills is not yet available, statements released by Rep. Steve Stivers who introduced the bills H.R. 3693 and H.R. 3694 indicate that the legislation would require the coins to be made from steel.

“This legislation is a common-sense solution to decrease the cost of minting pennies and nickels,” said Stivers. “Not only will it cost less, but steel is an American resource that we have and can manufacture right here in our backyard.”

Sun, 12/18/2011 - 14:19 | 1991843 omniversling
omniversling's picture

The Empire is falling:

"Historians and economists have shown that the Roman economy suffered from significant monetary inflation, particularly in the latter half of the third century. This inflation was primarily due to the devaluation of currency. Moreover, the Roman Empire paid for its army partially through inflating the Empire’s currency. The practice of absolving military debt through inflation significantly contributed to, if not directly caused, the eventual collapse of the Roman economy.

Money is simply a commonly accepted medium of exchange within a given market. Guido Hülsmann lists several examples of items that have been used as a medium of exchange throughout history, including cattle, tobacco, and precious metals, with the latter being the most prominent in highly developed societies.1 In a free market, money itself should be a commodity. Further, Hülsmann states that the value of money is dependent on its nonmonetary value within that same economy.2 It follows that money, as just another commodity upon the market, is subject to market forces such as supply and demand.

The Roman Empire, which was a well-developed society even in comparison to the third world countries of today, adopted gold, silver, bronze and copper as media of exchange. The monetary system of the Roman Empire under Augustus consisted of five different coins which were created from those four precious metals. The most valuable coin was the aureus, which was comprised of eight grams of pure gold. The denarius was made of three and nine tenths grams of silver; twenty five of these were equivalent to an aureus. The sestertius was worth one quarter of a denarius and consisted of twenty seven and three tenths grams of bronze. The dupondius, also composed of bronze, was half the value and weight of the sestertius. The least valuable coin, the As, was approximately ten and ninety two hundredths grams of copper; two Asses equaled a dupondius. (http://www2.gcc.edu/dept/econ/ASSC/Papers2010-2011/Botting_inflationmili...)

 

They'd be made in China, with recycled steel from WTC and the cash for clunkers programme..

 

 

Sun, 12/18/2011 - 08:44 | 1991133 PulauHantu29
PulauHantu29's picture

Corzine was "just using business judgment" wasn't he? These is no such thing as "negligence" or "theft" on Wall Street....only "business judgment" I read.

Sun, 12/18/2011 - 08:13 | 1991099 The Alarmist
The Alarmist's picture

Could it be that they made an example of Madoff because he actually fessed up to committing the crime?

Sun, 12/18/2011 - 03:02 | 1990915 azusgm
azusgm's picture

Asset-strippers doing what they do best...with the help of a conflicted trustee.

Sun, 12/18/2011 - 09:03 | 1991163 SWRichmond
SWRichmond's picture

The trustee is not conflicted; he/she knows exactly what they're doing.

Sun, 12/18/2011 - 01:40 | 1990787 hawks5999
hawks5999's picture

Lesson: If you can't touch your asset in <5 minutes, it doesn't exist.

Sun, 12/18/2011 - 14:21 | 1991850 omniversling
omniversling's picture

Lesson: If you can't touch your ass in <5 minutes, you don't exist.

Sun, 12/18/2011 - 10:53 | 1991328 GiantVampireSqu...
GiantVampireSquid vs OWS UFC 2012's picture

Hard to touch all my cows in <5min though.

Sun, 12/18/2011 - 05:04 | 1991009 theMAXILOPEZpsycho
theMAXILOPEZpsycho's picture

yeh that sure worked well for people after Roosevelt confiscated it while leaving gold stored overseas untouched

Sun, 12/18/2011 - 10:58 | 1991338 GiantVampireSqu...
GiantVampireSquid vs OWS UFC 2012's picture

Seriously, if you can put money into farmland, livestock and some machinery it's a hell of a lot harder to steal.  I have some PM's too, but 95% in cashflow producing assets.  With the added advantage of being as far from the city as my wife will allow.

Sun, 12/18/2011 - 11:19 | 1991396 cossack55
cossack55's picture

Ever heard of a Sheriffs Sale?

A minor shift in property tax rates at the state level and voila', no more land.

Sun, 12/18/2011 - 11:23 | 1991405 GiantVampireSqu...
GiantVampireSquid vs OWS UFC 2012's picture

I agree, have liquid assets, for scenarios like that, bottom line if you cant own land, you are in more shit then gold alone can save you from.

Sun, 12/18/2011 - 10:35 | 1991291 BidnessMan
BidnessMan's picture

Most likely only the little people turned in their gold in 1933.  Others took it outside the US and did very well after the dollar devaluation from $20.67 to $35 an ounce in 1934.  Border controls in 1933 were likely a minor inconvenience. My guess is the well-connected had a heads up about the revaluation and bought accordingly outside the US.

Sun, 12/18/2011 - 07:37 | 1991076 omniversling
omniversling's picture

If you're worried, send it over here to Oz, and we'll look after it for you...

Sun, 12/18/2011 - 04:05 | 1990961 navy62802
navy62802's picture

I've thought about this problem before. If I could find a private vault, I'd store my gold there ... but it would have to be a vault only. No banking or investment functions ... storage only. Pay a nominal service fee, and the vault stores your gold or other valuables under armed security. Seems like that would draw significant consumer interest. Yet it doesn't exist ... at least where I live.

Sun, 12/18/2011 - 08:15 | 1991103 The Alarmist
The Alarmist's picture

There are banks with vaults all over small-town America ... You can pick one up for little to nothing. Buy one of those.

Sun, 12/18/2011 - 11:13 | 1991380 rehypothecator
rehypothecator's picture

We can indeed pick up banks (with vaults) across America for little to nothing these days.  Or perhaps you were talking about renting a vault from one of those which is still in business?  

Sun, 12/18/2011 - 07:54 | 1991087 breezer1
breezer1's picture

There was a private vault storage in Vancouver many years ago that was robbed. Rumor and circumstances pointed to the RCMP as having at worst been the brains behind the crime and at best allowed the crime to proceed when it could have been prevented.
Of course much of the loot was not claimed and was kept by the authorities.

Sun, 12/18/2011 - 05:58 | 1991033 All Out Of Bubblegum
All Out Of Bubblegum's picture

Shovels are cheap. 

Sun, 12/18/2011 - 15:31 | 1991982 navy62802
navy62802's picture

Well yeah, that's essentially what I do. I will never leave my physical in a "safe-deposit" box at a bank. So, in the absence of any other solution, this is what we are left with ... finding unique individual solutions to storage. Like I said in my first post, I think the demand for such a system of bank-independent storage exists, but no one has tried the concept to my knowledge.

Sun, 12/18/2011 - 07:39 | 1991079 omniversling
omniversling's picture

+1 ...gps

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