EU Wants to Order All Euro Trading Moved from London to Paris


The European Union is preparing the legal basis to take over London’s extensive trading business with euro derivatives. This is just another complete failure of bureaucrats to comprehenmd market function. Perhaps they should also outlaw euro trading in the USA and Asia. That would be real smart. Then they can all sit down and play cards with euro themselves and guarantee it will never be anything to anyone else no less convertible worldwide.

The EU Commission wants to withdraw the multi-billion-dollar derivatives market from London after leaving the UK from the European Union. Transactions with securities settled in euro should then be transferred to the European Union if the relevant clearing house plays a key role in the financial system with its trading volumes. Their draft law is still in draft form. It is the testament to just how stupid bureaucrats can really be. They have already outlawed naked shorting of the government debt to prevent a crisis in sovereign debt. They fail to comprehend that in the middle of a crash, they ONLY people buying are shorts. No shorts = flash crash and no bid.

You just can’t get more brain-dead than this.

 

SEC Statute of Limitations Applies to Disgorgement


Justice Sotomayor in the Supreme Court just held that the 5-year statute of limitations for penalties under 28 USC 2462 applies to SEC disgorgement claims. This is a monumental decision for in every case the SEC claims they has disgorge you back to birth. In KOKESH v. SECURITIES AND EXCHANGE COMMISSION decided June 5th.

Because disgorgement sought by the Securities and Exchange Commission operates as a penalty under 28 U.S.C. § 2462, in that it is imposed by the courts as a consequence for violating public laws and for punitive purposes, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.

This is a major decision that would prevent many of the abuses that the SEC has carried out for decades.

Illinois In Deep Financial Trouble


Illinois Comptroller Susana Mendoza was ordered to make a “substantial” dent in a $2 billion backlog of bills owed to Medicaid providers. The courts ruled that according to the State Constitution, it cannot reduce the pension payments to state employees. What is happening in Illinois is indicative of how governments are imploding and why I am warning get out of all State and Muni-debt before it is too late. Since State and local governments cannot “print” (create) money, they are forced to borrow and raise taxes. Consequently, they have hit the ceiling in tax resistance. What is happening is people are gradually migrating because there is absolutely no hope for states like Illinois. The only way out will have to be bankruptcy and a default on all the pension promises.

A federal judge has now intervened ordering the Comptroller to now prioritize who it pays. This is turning into the clash of titans – the epic battle between medical expenses that constantly rise regardless of the business cycle and state employees demanding pensions. Caught in the middle are the average middle class American who is being exploited from both sides. The judge now ordered the state to pay up towards Medicaid to keep doctors and hospitals from cutting off care for the low-income families that rely on the program.

I have often pointed out the fate of the city of Mainz. They had their technological boom with the invention of the printing press there. The politicians couldn’t wait to spend tax money assuming the business cycle would never end. So they spend the money before the taxes were due and borrowed against future tax revenues. The debt quickly became a Ponzi scheme issuing new debt to pay off the old as we are doing today. The interest kept rising so they just raised taxes. The rich began to leave and the city was quickly left with the people who didn’t really pay taxes. The bubble burst when they could not sell the next new issue of debt to pay off the last one. The city defaulted. The Pope excommunicated the politicians. And eventually the city was simply sacked and burned to the ground.

Politicians are the scourge of human society. They are the great destroyers of civilization and the instruments of war. People champion gold standards as if this would solve anything. The common fault is not what we call money, it is always, and without exception, those who we put in charge of it.

Meanwhile, Moody’s and S&P have both downgraded the general obligation debt of the state of Illinois as of June 1, on a combination of a state government budget impasse and a seemingly unstoppable unfunded pension obligation that has now ballooned into at least a $130 billion shortfall. You better get out of the State before it is too late. Property values will decline further because of the tax burden.

ECB In Serious Trouble


The European Central Bank (ECB) left its stimulus programs and record low interest rates unchanged. Pundit was seeing some cyclical signs of what they hoped was a spreading recovery in the 19 countries that use the euro currency rather than just a bounce in anticipation of tourist season. The ECB dropped any wording that it could lower interest rates further, which is a claimed sign of greater confidence in the economy, but in reality, is more of a reflection of it being trapped in desperate nightmarish measures.

The proposal to do a Euro Bond in the form of an Asset Backed Security (ABS) as they did with the mortgages that blew up in 2007, is a reflection of trying (1) to bailout the ECB, (2) provide funding for governments when the ECB stops buying since it owns 40% of Eurozone sovereign debt, and (3) a compromise with Germany who is against surrendering the power to issue debt to Brussels. The policies of Merkel have been to maintain the single currency at all costs, but there will be no single debt.  This is very much a policy of being just a little-bit pregnant.

The central bank’s announcement kept important wording that its bond-buying stimulus program could be stepped up if the economic outlook worsens. This is not very likely, it is simply a statement of denial that the ECB is trapped and in trouble. The entire policy has utterly FAILED to stimulate the economy and has only kept governments on life-support. When the plug is pulled, will their heart stop? That all depends upon finding buyers of government debt to (1) take up the slack that the ECB was buying 40% of all debt and a greater proportion of new debt. Remove the biggest bidder, and you end up with a NO BID crisis

Bank Stocks Have a Completely New Risk


Spain’s Banco Santander is paying €1 to take over troubled rival Banco Popular, in a deal that illustrates Europe’s new system to rescue failing banks without burdening taxpayers or stressing markets. This is being cheered around the world because the shareholders lost absolutely everything. The bank which was valued in the collapse at €1.6 billion was bought for €1. Forbes wrote:

“This is an excellent example of how the resolution of troubled banks should be done. The shareholders who employed the management which caused the problem lose all their money. The depositors, who were and are not responsible for the bank’s troubles, are protected. And we don’t end up with some great smouldering hole in the financial landscape where Popular used to be, we get new capital raised instead. Further, no taxpayer has been harmed in this operation.”

 

Santander said Wednesday it will take over all the shares in Banco Popular, which had lost more than half their value since last week as concerns grew about the lender’s financial health. It will raise around €7 billion in a share issue to strengthen Banco Popular’s balance sheet. This “takeover” was conducted in an auction sanctioned by European authorities after the main banking regulator in the Eurozone, the European Central Bank, said Tuesday that it believed Popular was “failing or likely to fail.”

This was the first time the ECB had pulled the plug on a bank since it was given new powers aimed at preventing the rescue of banks from overwhelming government finances. European leaders had all agreed to move banking supervision to the EU level. Hence, the ECB took over supervisory responsibility on in November 2014. The collapse was caused by €7.9 billion in non-performing assets, including €7.2 billion in real estate. Banco Popular shares fell about 38% last week and then another 20% this week, to 0.32 euros per share before regulators halted trading in its shares. The bank had 305,152 shareholders as of the end of March.

The sale is “in the public interest as it protects all depositors of Banco Popular and ensures financial stability,” said the European agency that manages failing banks in the 19-country Eurozone, of which Spain is a member. The Spanish government had previously ruled out bailing the bank with taxpayers’ money. The Spanish Economy minister Luis de Guindos said the sale was “a good outcome” given the shortfall of the lender over the past weeks. He added that this takeover “ensures the maximum protection for depositors and the continuity of the bank’s activity.”

So now comes the €64 trillion question. If government will not bailout banks, then eradicating all value to shareholders attaches a completely new kind of risk to shareholders. If they were investors in a manufacturing company that went bust, the assets would go into bankruptcy and there would be a realistic sale of assets.  What has just taken place is that if the net asset value of the bank, its own building, property etc., were say even 20% of the share value, then the shareholder face a 100% loss in bank stocks compared to any other share investment. That leaves one poignant question? Why buy bank stocks at all?

A new risk has just been created. Instead of a bailout loan to bridge liquidity problems as was the case with the original elastic money development of the Clearing House certificates during the 19th century, we now have no government support for which elastic money was invested and bank shareholder are subject to total usurpation of their assets and denied the normal property rights attributed to a free society. The “elastic money” is now central banks trying to “stimulate” the economy solely by means of purchasing government debt.

Something is seriously wrong in the development. Shareholders rarely have full transparency in bank management to be able to make prudent and informed investment decisions. Welcome to the new crisis created by yet another solution.

Is Spoofing & Front Running Market Manipulation?


QUESTION: Any comments on the Deutsche Bank trader admitting to manipulating the metals markets?

JK

ANSWER: The way these people claim the metals are manipulated make it sound as if gold would be $10,000 but for the market manipulations. That is total and complete nonsense. The former Deutsche Bank trader David Liew has confessed to a completely new definition of market manipulation when in fact this was the way markets trade ALL THE TIME!. He told a US court that he had learned at Deutsche Bank how to manipulate precious metal prices on the derivatives market. Traders from other major banks were also involved in these so called manipulations.

What David Liew has confessed to is really absurd. He did so to get out of jail cooperating with the public prosecutor and they will say absolutely anything in such a situation. The accusations against David Liew are “spoofing” and “front-running” which has been going on for my entire career in finance. Floor brokers routinely engaged in “front running” so you had to engage in “spoofing” to send false signal to them just to be able to get a trade off.

I had to manage the Aristotle Onassis estate metal position. I had the biggest position in platinum in the world. To be able to trade that much, I had to prove to the CFTC that I actually had that physical metal. It took probably 6 months to get authority to trade at that level. When I picked up the phone to do the very first trade, every broker in London and New York already knew what I was doing and how much I had. The regulators told everyone off the record of course.

I was forced into “spoofing” because if I wanted to sell platinum, the market-makers would move the quotes assuming I was a seller. I would have to buy gold, then silver, in respectable size orders and then ask for the quote on platinum. They then flipped and assumed I would be a buyer and “front running” began. They would move the bid-offer up assuming they read me correctly, and then I would sell. I had to take intention losses on the gold and silver to sell the platinum. If you did not know HOW the markets traded, you were gone by the third trade.

This type of “manipulation” is within the trend and by no means changes the bull market into a bear market. The bigger your size, the harder it is to trade and you better know what you are doing. I would certain not want to trade today with prosecutors bringing criminal changes calling this type of trading “manipulation” when it does not alter the trend. This is how you trade and it has been how you play poker. To them, if you bluff and raise the bid and the guy who would have had the winning hand folds, that’s the game. Who has the better “poker face” as they say.

All the prosecutors are doing is destroying the marketplace. The net result of these type of prosecutions are against the public interest for they are destroying the LIQUIDITY. The more people who withdraw from trading, the greater the risk of FLASH CRASHES. If nobody is there, you will get bigger gaps than you have ever seen in history. This is interesting enough what our computer model is warning. We are in a huge bull market for panic style volatility.

 

Taxes & Disasters – Always Repeat


QUESTION: Mr. Armstrong; You wrote that the 1906 San Francisco earthquake resulted in the Panic of 1907 and laid the foundation for creating the Federal Reserve. I was also told that the Kobe earthquake in Japan is what resulted in the Barclay’s loss. Is this why you also input natural disasters into your model? Has this been a pattern throughout history?

Thanks

PD

ANSWER: Absolutely. It is certain that when the eruption of Vesuvius started on the morning of August 24th, AD 79, it caught the local population utterly unprepared. The Emperor Titus has just taken the throne following his father’s death on June 24th, 79. Like Presidents will visit some disaster like Katrina, Titus visited the Pompeii area, announced a state of emergency and set up a relief fund. He then created a fund for the victims by collecting all property of those who died with no heirs. He convert this into a join fund. He then provided for assistance in rehousing survivors. The Christians attributed this to God’s retribution for the destruction of the Great Temple in Jerusalem in 70AD.

The while Titus was viewing the Pompeii disaster, a fire ravaged Rome for three days. Once more the emperor provided generous relief to the victims. And then a third disaster struck – plague. This was one of the worst epidemics of plague on record that hit Rome. Titus tried his best to combat the disease with medical support, and also staging extensive daily sacrifices to the gods. The economy went into a financial panic. As the Empire State Building had begun construction before the 1929 Crash, here too the Colosseum had been begun under his father. In both cases, the Empire State Building and the Colosseum were opening in an economic depression in hopes of raising spirits.

It was a tsunami that wiped out Tokyo in 1923. Then there have been huge earthquakes that sank Alexandria, Egypt, which spawned a huge tremendous tsunami that devastated Sicily and Greece on July 21st, 365AD. Edward Gibbon wrote in his Decline and Fall of the Roman Empire:

“In the second year of the reign of Valentinian and Valens, on the morning of the twenty-first day of July, the greatest part of the Roman world was shaken by a violent and destructive earthquake. The impression was communicated to the waters; the shores of the Mediterranean were left dry, by the sudden retreat of the sea; great quantities of fish were caught with the hand; large vessels were stranded on the mud; and a curious spectator ^1 amused his eye, or rather his fancy, by contemplating the various appearance of valleys and mountains, which had never, since the formation of the globe, been exposed to the sun. But the tide soon returned, with the weight of an immense and irresistible deluge, which was severely felt on the coasts of Sicily, of Dalmatia, of Greece, and of Egypt: large boats were transported, and lodged on the roofs of houses, or at the distance of two miles from the shore; the people, with their habitations, were swept away by the waters; and the city of Alexandria annually commemorated the fatal day, on which fifty thousand persons had lost their lives in the inundation. This calamity, the report of which was magnified from one province to another, astonished and terrified the subjects of Rome; and their affrighted imagination enlarged the real extent of a momentary evil. They recollected the preceding earthquakes, which had subverted the cities of Palestine and Bithynia: they considered these alarming strokes as the prelude only of still more dreadful calamities, and their fearful vanity was disposed to confound the symptoms of a declining empire and a sinking world.”

That event sent the empire into crisis and necessitated the biggest tax increase in Roman history up to that point in history. To pay for the disaster and the rising costs of the military efforts required during his time in reconstruction and defense, Valentinian saw himself forced to introduce the highest, and most oppressive Roman taxes in history. He was keenly aware how bad this was and raised the taxes reluctantly. He then made a interesting sincere effort to protect the poor. In an attempt to share the financial burdens more justly he made great efforts to ensure that the privileged few would no longer avoid paying their taxes. He also created the office of ‘Defender of the People’, the role of which was to assist the poor. In every town such a Defender was appointed, empowered to protect the interests of the poor from infringements by the privileged classes and to ensure they were not bankrupted by the taxes.

Here we have a weight (exaqium) for measuring gold solidi for taxes. Because of the large number of under-weight and false solidi in circulation, financial reforms were instituted by Valentinian i and Valens whereby gold collected in taxation was to be melted into ingots and tested before acceptance. Coins ceased to be legal tender (acceptable for taxation). The few gold ingots that have survived from antiquity are found with official counterstamps and the present example illustrated here bears the inscription “melted by Proculus”.

So you see, history repeats because the passions of man never change. Emperors created relief funds and visited disaster sites in ancient times and they do today. It is just standard operational procedure.

Macron – False Hope for Europe


Those who think that the election of Emmanuel Macron to the Presidency of France is the savior of the Euro probably believe that politicians are really there for the people rather than themselves. Macron’s idea of federalizing Europe some call the “transfer-union” is politically never going to happen. The EU is being torn apart at the seams for centralized government dictating to an economy and regulating everything just does not work. Ask Russia and China.

Socialism is the same as Communism, with the minor distinction that you formally own your property, but are regulated and taxed so you are still not “free” to do as you like. To a large degree socialism is worse for you have to fill out forms and pretend that your vote will actually change something – when they do not listen anyway.

The federalization of Europe dictated from Brussels cannot work. The people of Europe will NOT be happy to send 20% or so of GDP through Brussels. Unemployment is at the very best double that on the United States on average and in the South you have a 60% level of unemployment among the youth.

The “transfer-union” idea of Macron is really trying to solve France’s problems by spreading the losses to everyone else. He was the bureaucrat under Hollande and his “investment banking” experience in Paris is a joke. He understands no more about international markets than a teller at a drive up window.

This is just not going to happen! You cannot solve the problems of Europe with the very same thinking process that created it! The EU is creating the risk of a European War fueling the tensions rising from old wounds. The idea that a single government would end European War was a dream theory. The problem has been the EU mismanagement and now it’s all about forcing states to prop-up Brussels.

Bonds & Stocks Rally – What’s Going On?


This coming week is what we would call in horse racing a trifecta with former FBI director James Comey’s testimony, the U.K. election, and the ECB monetary-policy meeting. Then our capital flow models seem to be picking up European buying of both US shares and bonds taking advantage of a rally in the Euro. The big money seems to have no faith in the Euro and is looking at rallies as an opportunity to divest more out of Europe.

On Friday, the government bonds remained in rally mode, pushing the benchmark 10-year Treasury note yield to a seven-month low as American pundits on Wall Street keep rubbing their eyes to make sure they are really awake. Stocks up and bonds up is a very strange thing for them to experience. The simultaneous run-up in stocks along with government paper has many just scratching their head. Does this mean the Fed will not raise rate? They are hard pressed for explanations when they only look domestically.

The 10-year Treasury yield fell from -2.17% to 2.15%, which is its lowest level since mid November. Even the Dow is starting to make new all-time highs at the same time.  Some have watched the unemployment number drop to a 16-year low at 4.3%. Some just think that equity and bond investors are not talking to each other and have been looking at different data. The bond pundits are watching the jobs numbers. Wall Street is pricing in two additional increases to benchmark interest rates in 2017. Others fear that Trump is in trouble and this puts at risk his whole agenda of deregulation, tax cuts and an increase to infrastructure spending, had tempered policy expectations.

The uninformed analysts actually think that weaker numbers will cause Congress to get behind Trump and push his agenda forward. That seems to be the least likely outcome. The likelihood of Republicans getting their act together when the smell blood in the White House is highly unlikely. Politics and posturing always come before the people.

The bottom line? Simply, we show capital inflows were running rather strong with Europeans looking to buy the bargains and china attacked the shorts in the yuan because of too much capital outflows. It may be a Comey testimony where he can say whatever he wants and the press will take it and run. But in Europe, the risk of the ECB collapsing is rising and this is why the sudden move to create a consolidated bond for Europe to find buyers to sell off what the ECB has bought and for European states to find funding when the ECB stops buying.

The Proposed Euro Bond Issue to Bailout ECB


COMMENT: Well Mr. Armstrong, perhaps you are wrong at last. It looks like your meetings in Brussels that quite a few people noted you shuffling around town did have an impact. Looks like your constant warning about the structure of the euro’s failure is being corrected. Looks like you did make a difference. So congratulations on being wrong I suppose.

WH

ANSWER: Perhaps. But it has taken 20 years to make this point. Granted, the recent proposal to create a debt for the Eurozone is a compromise, but it is still not a consolidation of the national debts of Europe. This new compromise proposal from the EU Commission shows that they are listening at last but not for the reason I have been warning about. However, I would not say I am wrong. What I have always said is only when the collapse becomes eminent do we see the political change. My point is no change comes without the pain and typically only with the crash and burn. People who want to pretend they are advisors to government are usually bullshit artists. Government will NEVER listen to anyone if you try to get them to act without pain. Now this maneuver is not what it appears. It’s a bailout for the ECB.

The EU Commission intends to issue securities that “bundle” the entire Eurozone debt. So in other words, these will be the CDO instruments for Europe. Instead of bundling mortgages and assuming that the collective process will somehow be worth more than the individual parts, that is the compromise here. The securities are to be launched on the market as a “European Safe Asset” in order to attract the euro government bonds to investors. This is not quite what I had proposed from the outset. My proposal was they should have consolidated all the debt at the beginning, thereafter each member state would issue its own state debt as in the USA. But they were trying to sell the idea that a single currency would produce a single interest rate for all. That is what I warned them would NEVER HAPPEN.

This comprise proposal is ​​consolidating government bonds into asset backed securities (ABS). This is intended to pack the national government bonds into securities in order to ensure the financing of the states even after the end of the ECB’s buying-up program. Draghi has created a huge problem buying 40% of the government bonds. Who will buy when the ECB stops?

This is the crash and burn. The EU officials hope and pray that this scheme will increase the demand for governments’ debts of the weaker economies within the Eurozone. They also hope that this will secure the reserves of the European banks where right now a good stiff wind will blow them over. This, they hope and pray, will better diversify bank risks by diversifying their portfolios and ignoring political problems emerging in the south.

This is still a half-hearted measure to move toward federalization of Europe without consolidating the debts, which they fear will still be rejected by the North v the South. Wolfgang Schäuble had said that he no longer opposes a transferunion in principle and this ABS market has dropped sharply post-2007 because it was a subprime crisis. So here the same idea behind the mortgage crisis is being applied to the European debt. What is dangerous here is that the opposite of the original idea behind a single currency will unfold. Originally, they pitched that a single currency would create a single interest rate look at the United States. I warned that was only federally and you had to pick up the rug to see that the 50 states were subject to their own credit rating. Under this scheme, the idea of creating an ABS instead of consolidating the debt runs the risk that countries like Germany will find themselves (1) no longer the target for a capital flight among Eurozone states, and (2) that the overall interest rate will rise because of the lower quality being included. Therefore, you will not achieve the lowest rate for all as initially proposed back in the ’90s, but rates will rise to reflect the risks in Southern Europe.

While this EU initiative is designed to prepare for the time when the ECB stops its Quantitative Easing that has trapped the ECB and Draghi is pleading for help Behind the Curtain. They are hoping and praying that this is the solution to defuse the ECB risk of its absurd policies. Like the worst trader who buys and never defines where he is wrong, Draghi has made that same mistake. There is a major risk that the ECB itself can collapse.

The EU officials are still shaking in their boots with regard to Italy and the Movementso Cinque Stelli (Five Star Movement). If Italy pulls out of the Euro, the ECB can collapse. The EU feels comfortable about Merkel winning the Bundestag election in Germany. They are still concerned about Italy, Greece, and a split in Spain. One goes, and then all will go.

This compromise proposal to create an ABS  is being put forth because of the German resistance to Eurobonds. The crisis is coming to a head for when the ECB quantitative easing ends, the interest rates will be substantially higher and the budgets of member states will explode beyond set limits. They are beginning to see that the ECB will soon face difficulties for as rates rise, the value of their bond holdings will drop like a stone. I have warned that the ECB is the one central bank that can collapse thanks to Draghi.

The EU Commission is also working on a proposal to establish a joint budget for the Eurozone, which is the end game of federalization. The aim was to cement the monetary union in place and thereby prevent any more BREXIT nonsense from their view. This has risen to the top of considerations with the French presidential election and the victory of Macron. But France is in trouble. There is no money to fund what Macron promised. This becomes another patch to try to keep a failed system together.

This is why I am holding the July 22nd, 2017 seminar just on the Eurozone at the end of July. The details and tickets will go up for sale this week. This will be reasonable for it is only a half-day. The price of a seat will be $350