‘Big Four’ Auditors Face U.K. Antitrust Probe

Here we go again. another banking scandal. The cockroaches are running out from everywhere. I think the entire financial system is a fraud.

The probe by the Office of Fair Trading is broader than the watchdog’s earlier proposal to focus on bank loans that force borrowers to use the largest auditors — KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP and Ernst & Young LLP, the watchdog said today in a statement. Photographer: Chris Ratcliffe/Bloomberg

Britain’s antitrust regulator opened an investigation into dominance by the “Big Four” accounting firms, saying the industry is distorted by practices that stunt competition and block smaller rivals.

The probe by the Office of Fair Trading is broader than the watchdog’s earlier proposal to focus on bank loans that force borrowers to use the largest auditors — KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP and Ernst & Young LLP, the watchdog said today in a statement.

“We have been concerned for some time about the extent of competition in this market, with only four large players and substantial barriers to entry,” the London-based watchdog’s executive director, Clive Maxwell,said in the statement.

The investigation may result in a referral of the case to Britain’s Competition Commission, which for the first time could force changes to the industry. Dominance by the four firms, which audit 99 of the 100 largest U.K. companies, has been under review by the OFT since 2002, while a U.K. government committee investigating the financial crisis called for a probe of the industry in March.

The OFT has said the size of the Big Four’s market share is propelled by the cost of switching auditors, the ease of explaining the choice of accounting firms to investors, the extensive international networks held by bigger auditors and the risk associated with auditing larger companies.

The inquiry may be the most high-profile for the OFT since it investigated banks’ equity-underwriting fees — a probe that closed in January without any action being taken. While the OFT usually conducts its own “market studies” before a referral to the Competition Commission, the agency said that isn’t required in this case because it has been reviewing evidence for about nine years.

Offending Practices

Unlike the OFT, the Competition Commission has the power to ban offending practices. The OFT said it will hold discussions with companies in the industry through next month before making a final decision.

“PwC plans to play a constructive and active part in these discussions,” Richard Sexton, the accounting firm’s head of audit in the U.K., said in a statement.

Ernst & Young and Deloitte said in separate statements that they support measures that increase competition and choice in the industry.

The Financial Reporting Council, which regulates the audit industry in Britain, said it previously reviewed competition in the market and decided an antitrust watchdog was in a better position to investigate. The probe involves an area of “real importance to the future success of our capital markets,” said Stephen Haddrill, the FRC’s chief executive officer.

Cost, Networks

The probe “should include looking at removing any artificial restrictions that merely serve to reinforce the status quo,” said Michael Izza, the chief executive officer of the Institute of Chartered Accountancy in England and Wales.

The U.K. plans to merge the OFT and the Competition Commission amid criticism the OFT is too slow and handles too few precedent-setting cases. Its biggest fines were slashed by an appeals court in March and April and its first criminal case collapsed at trial last year.

To contact the reporter on this story: Erik Larson in New York at elarson4@bloomberg.net

To contact the editor responsible for this story: Anthony Aarons at aaarons@bloomberg.net

Addiction to debt

IMF and World Bank’s aid tightens noose around poor nations

Secret Desert Force Set Up by Blackwater’s Founder

Mercenaries will soon be the norm IMHO. Who needs the army when these guys will shoot anyone for a paycheck? QueenBee

ABU DHABI, United Arab Emirates — Late one night last November, a plane carrying dozens of Colombian men touched down in this glittering seaside capital. Whisked through customs by an Emirati intelligence officer, the group boarded an unmarked bus and drove roughly 20 miles to a windswept military complex in the desert sand.

The Colombians had entered the United Arab Emirates posing as construction workers. In fact, they were soldiers for a secret American-led mercenary army being built by Erik Prince, the billionaire founder ofBlackwater Worldwide, with $529 million from the oil-soaked sheikdom.

Mr. Prince, who resettled here last year after his security business faced mounting legal problems in the United States, was hired by the crown prince of Abu Dhabi to put together an 800-member battalion of foreign troops for the U.A.E., according to former employees on the project, American officials and corporate documents obtained by The New York Times.

The force is intended to conduct special operations missions inside and outside the country, defend oil pipelines and skyscrapers from terrorist attacks and put down internal revolts, the documents show. Such troops could be deployed if the Emirates faced unrest in their crowded labor camps or were challenged by pro-democracy protests like those sweeping the Arab world this year.

The U.A.E.’s rulers, viewing their own military as inadequate, also hope that the troops could blunt the regional aggression of Iran, the country’s biggest foe, the former employees said. The training camp, located on a sprawling Emirati base called Zayed Military City, is hidden behind concrete walls laced with barbed wire. Photographs show rows of identical yellow temporary buildings, used for barracks and mess halls, and a motor pool, which houses Humvees and fuel trucks. The Colombians, along with South African and other foreign troops, are trained by retired American soldiers and veterans of the German and British special operations units and the French Foreign Legion, according to the former employees and American officials.

In outsourcing critical parts of their defense to mercenaries — the soldiers of choice for medieval kings, Italian Renaissance dukes and African dictators — the Emiratis have begun a new era in the boom in wartime contracting that began after the Sept. 11, 2001, attacks. And by relying on a force largely created by Americans, they have introduced a volatile element in an already combustible region where the United States is widely viewed with suspicion.

The United Arab Emirates — an autocracy with the sheen of a progressive, modern state — are closely allied with the United States, and American officials indicated that the battalion program had some support in Washington.

“The gulf countries, and the U.A.E. in particular, don’t have a lot of military experience. It would make sense if they looked outside their borders for help,” said one Obama administration official who knew of the operation. “They might want to show that they are not to be messed with.”

Still, it is not clear whether the project has the United States’ official blessing. Legal experts and government officials said some of those involved with the battalion might be breaking federal laws that prohibit American citizens from training foreign troops if they did not secure a license from the State Department.

Mark C. Toner, a spokesman for the department, would not confirm whether Mr. Prince’s company had obtained such a license, but he said the department was investigating to see if the training effort was in violation of American laws. Mr. Toner pointed out that Blackwater (which renamed itself Xe Services ) paid $42 million in fines last year for training foreign troops in Jordan and other countries over the years.

The U.A.E.’s ambassador to Washington, Yousef al-Otaiba, declined to comment for this article. A spokesman for Mr. Prince also did not comment.

For Mr. Prince, the foreign battalion is a bold attempt at reinvention. He is hoping to build an empire in the desert, far from the trial lawyers, Congressional investigators and Justice Department officials he is convinced worked in league to portray Blackwater as reckless. He sold the company last year, but in April, a federal appeals court reopened the case against four Blackwater guards accused of killing 17 Iraqi civilians in Baghdad in 2007.

Mark Mazzetti reported from Abu Dhabi and Washington, and Emily B. Hager from New York. Jenny Carolina González and Simon Romero contributed reporting from Bogotá, Colombia. Kitty Bennett contributed research from Washington.

Japan’s nuclear love affair turns sour

Prime Minister Naoto Kan is steering the country away from nuclear power, but how far is he prepared to go?

Justin McCurry

May 14, 2011 08:21

TOKYO, Japan — Given recent events in Fukushima, it should come as no surprise that Japan’s love affair with nuclear power has turned sour.

Yet even as work continued to stabilize the stricken Fukushima Dai-ichi power plant weeks after the country’s northeast coast was hit by a tsunami, the official emphasis was on safety improvements, not abandonment.

That was until Japan’s beleaguered prime minister, Naoto Kan, announced two major policy shifts that, while not spelling the end of nuclear power, will dramatically reduce its role in providing energy to the world’s third-biggest economy.

Japan’s 54 reactors provide 30 percent of its electricity, and there were plans to increase that number to 50 percent by 2030. Policymakers now accept that goal is impossible in light of the Fukushima crisis, the world’s most serious nuclear accident since Chernobyl. Instead, plans for 14 new plants, which would have taken Japan’s reliance on nuclear to over 50 percent, have been effectively scrapped.

“We need to start from scratch,” Kan said. “We need to make nuclear energy safer and do more to promote renewable energy.”

But Kan’s nuclear disaffection only goes so far. He has made it clear that nuclear should be a part of Japan’s energy mix, accompanied by safety improvements and more investment in renewable and natural energy.

At Fukushima Dai-ichi, there are causes for optimism and concern. Workers this week re-entered the plant’s No. 1 reactor after radiation levels dropped, but adjustments to water gauges revealed worrying news about the state of the unit’s fuel rods.

The plant’s operator, TEPCO, said the rods had sustained more damage than previously thought, adding to concerns that the nuclear crisis could drag on for more than the six to nine months the firm said it needed to bring it under control.

The utility said that melted nuclear fuel had created holes at the bottom of the No. 1 reactor’s pressure vessel, after confirming that water levels inside the troubled reactor were not high enough to cover the fuel rods.

But it added that the fuel, which is thought to have been fully exposed after the March 11 disaster, was being kept cool by water being injected into the water pressure vessel from outside.

As workers continue to surmise the damage done to fuel assemblies in three of Fukushima Dai-ichi’s six reactors, Japan has been set on a new energy course that, for the first time in its postwar history, sees a reduced role for nuclear power.

That policy shift came after the government ordered the temporary closure of the Hamaoka nuclear plant, considered the country’s most vulnerable nuclear facility because it sits directly above an active seismic fault line in a region where seismologists say there is an 87 percent chance of a powerful earthquake striking in the next 30 years.

The facility will remain shut while a 50-foot wall is built to protect it from a massive tsunami of the kind that knocked out vital cooling systems in Fukushima Dai-ichi’s reactors — a job that could take up to three years.

Some experts believe the crisis has exposed the administrative malaise at the heart of Japan’s nuclear industry, quite apart from its obvious threats to the health of those living near atomic complexes.

Tetsunari Iida, executive director of the Institute for Sustainable Energy, says the traditionally close ties between the nuclear industry, politicians and safety agencies — what he calls Japan’s “nuclear village” — have hidden the true costs of atomic power plants.

“On the outside we are told it’s very safe and cheap, but inside it’s rubbish,” he said. “That’s the nature of the Japanese nuclear community.”

The reality of Japan’s nuclear program, according to Iida, comprises aging plants and the perennial problem of how to safely dispose of spent fuel.

“Renewables are becoming the reality,” he said. “Even if in Japan solar and wind power are more expensive, nuclear needs higher safety standards and much higher liability coverage. And we have yet to come up with an answer to the question of where to store waste.”

But Keiji Miyazaki, professor emeritus at Osaka University and a specialist in the study of severe accidents, said renewables did not represent an energy panacea.

“Nuclear power is indispensable for Japanese industry and for solving the energy growth and environmental protection,” he said.

The Japanese public is divided. According to a recent poll, 40 percent of respondents said that the nation’s dependence on nuclear power was unavoidable, while 41 percent supported a cut in the number of plants. Only 13 percent said the industry should be shut down altogether.

The Asahi Shimbun captured the public mood when it said: “The nuclear disaster triggered [by the earthquake] has completely destroyed public confidence in both the safety and cost effectiveness of nuclear power generation.”

The newspaper welcomed attempts “to curb the predicted growth in electricity consumption that was used by the government as the main reason for promoting nuclear power generation. Saving electricity is an effective way to reduce Japan’s dependence on nuclear power.”

Even if TEPCO achieves cold shutdown by early next year, it could be years before the 41-year-old Fukushima Dai-ichi plant is decommissioned. Before then, the firm must also decide how to safely dispose of tons of contaminated water used to cool overheating reactors.

While deaths from radiation exposure have so far been avoided, the human cost of the crisis is weighing heavy on TEPCO and the government. About 80,000 people living within a 12-mile radius have been forced to evacuate their homes and have yet to be given an indication of when they can return permanently.

Farmers and fishermen who have seen their businesses ruined say TEPCO and the government are not doing enough to help them.

For its role at the center of the crisis, TEPCO has encountered widespread opprobrium and now faces a compensation bill that could run into tens of billions of dollars.

On Friday, the government approved a compensation plan that involves the issuance of special-purpose bonds by the state, annual premiums from TEPCO and contributions by other electric utilities that operate nuclear plants.

Controversially, the government’s top spokesman, Yukio Edano, called on TEPCO’s lenders to waive debts to give the utility a fighting chance of meeting its compensation targets.

In return the utility, which has seen its market value plummet 77 percent since the disaster, has accepted there will be no upper limit on damages. It must also cut costs and open its management up to greater scrutiny.

The compensation plan may have secured TEPCO’s survival as a listed company, the future of Japan’s energy policy rests on a continuation of the power frugality of recent weeks as well as more diverse energy sources.

The key, say observers, lies in promoting clever energy use, not just in diversifying energy sources. They point to the recent success of energy-saving measures by businesses and households in Tokyo — moves as simple as switching off escalators and revolving doors — which have enabled utilities to lower the peak-time cut in power usage this summer from up to 25 percent to 15 percent below normal demand.

The months ahead, when most of the country is blanketed in stultifying humidity and air conditioners are left on to work their magic, should prove whether or not Japan is up to the job.

Beverly Hills Apartments Lure Wealthy Investors

Beverly Hills, the California enclave known for its celebrity residents and Rodeo Drive boutiques, is luring wealthy individuals seeking real estate investments, driving up prices for trophy apartment buildings in the city.

A 24-unit multifamily complex, located one block from theFour Seasons Hotel Los Angeles at Beverly Hills, sold in March for $7.5 million, giving its buyer a lower return than similar buildings in the U.S. The property is a mile (1.6 kilometers) from the home of Doug Ellin, creator of HBO’s “Entourage,” and two miles from actor Billy Bob Thornton’s house.

Buyers with high net worths are accepting lower and lower capitalization rates, a measure of yield in the real estate industry, for rental apartments in the Los Angeles area’s wealthiest neighborhoods. The Beverly Hills investor accepted an annual cap rate of 4.5 percent, more than two percentage points below the national average, said Hamid Soroudi, senior managing director at Los Angeles-based real estate firm Charles Dunn.

“It seems almost a privilege to own these multifamily units in these areas because they’re not replaceable and seldom on the market,” said Christopher Cooper, Charles Dunn’s chief executive officer.“When these assets do come on the market, there is a bit of a feeding frenzy.”

Nationwide, the average cap rate for apartment buildings slipped to 6.6 percent in the latter half of 2010 from 6.9 percent in the first six months, according to New York-based research company Real Capital Analytics Inc. The cap rate is a property’s annual income divided by the purchase price.

Platinum Triangle

A 29-unit apartment building in Bel Air — part of the Platinum Triangle of wealthy neighborhoods along with Beverly Hills and Holmby Hills — sold in March for $7.2 million. That gave it a cap rate of 4.6 percent, according to Soroudi. The average rate in the Los Angeles area’s richest enclaves slipped to about 4 percent during the first quarter from 5 percent in mid-2010, he said.

Multifamily property prices have soared as much as 30 percent in the most affluent parts of Los Angeles over the past 18 months, said Hessam Nadji, managing director of research at Marcus & Millichap Real Estate Investment Services Inc. in Walnut Creek, California. Values have risen even as California’s jobless rate stood at 12 percent in March, higher than the U.S. average of 8.8 percent. The state’s credit rating from Standard & Poor’s is the lowest in the U.S., and GovernorJerry Brown is struggling to close a $15 billion budget deficit.

Values in high-end neighborhoods have been driven up in part by demand for multifamily properties priced at $20 million or more. The dollar volume of such transactions jumped 202 percent last year in Los Angeles County, more than the nationwide increase of 179 percent, Nadji said.

‘Monopoly Game’

“Real estate is not hard to understand and there’s a lot of pride in owning any kind of home or apartment building,” said Ken Chong, regional director at Los Angeles-based Commercial Investment Brokerage Corp. “It’s pride of ownership as compared to stocks or bonds, which is a piece of paper — if that. It’s this Monopoly game that rich people like to play.”

Michael Hakim, a Beverly Hills resident who has been investing in multifamily properties in Los Angeles for a decade, last year bought a 25-unit Beverly Hills building near the luxury SLS Hotel at Beverly Hills. He declined to say how much he paid. Hakim said tenant demand is growing for apartments in such neighborhoods, which are becoming “small Manhattans” where people work, live and socialize.

Echo Boomers

Building tenants in wealthy neighborhoods “are the so- called echo boomers — the sons and daughters of rich baby boomers,” said Mark Crawford, president of Crawford Park Financial Inc., a Beverly Hills-based real estate investment firm. “You combine those with a growing and upcoming immigrant population and you have set the stage for a tremendous run in the apartment business.”

U.S. apartment vacancies declined to the lowest in almost three years in the first quarter as the weak homebuying market fueled rental demand, New York-based research firm Reis Inc. (REIS) said last month.

Cap rates for apartment buildings also are dropping in Manhattan and Connecticut, including such wealthy areas as Greenwich. In those areas, they declined to 6.7 percent in the first quarter from 6.9 percent in July 2010, Real Capital said.

In Southern California, the search for safe investments is driving high-net-worth individuals to buy multifamily properties in upscale neighborhoods, said Jason Thomas, Los Angeles-based chief investment officer for wealth management firm Aspiriant.

Nervous Investors

“The interest in these areas is less driven by the valuations, which in fact are high, but by the fact that they are nervous about any other investment,” he said. “They are excited by the yields relative to fixed income, and they are focused on the tax advantages. Plus you can walk down the street and look at it.”

Buying apartment buildings in affluent neighborhoods is an investment strategy that can take years to pay off, said David Cohen, president of Los Angeles-based apartment investor Karlin Asset Management. It’s “a great investment strategy — if you have patient capital,” he said.

A rebound in the real estate market may boost buyer confidence and spur investors to focus less on wealthy neighborhoods and more on “class B assets or mid-tier areas,” Nadji said. An economic recovery also will lead to price appreciation in upscale neighborhoods, diminishing demand.

“Prices that are happening at the moment are incredibly high in respect to a year ago,” said Soroudi of Charles Dunn. “In another six months, the market may get too hot for many of these buyers.”

‘Looking to Buy’

Hakim, who says he owns “a handful” of buildings in Los Angeles, isn’t deterred. He’s now looking at two adjacent buildings with a combined 33 units in the Brentwood area of West Los Angeles. The seller wants $10 million, and the property is likely to need $20 million to $30 million in renovations and upgrades, Hakim said. He is considering forming a joint venture with the current owner to share the costs.

“If somebody is selling at the beach, I’m looking to buy,” said Hakim, who ran unsuccessfully for a seat on the Beverly Hills City Council two years ago. “The Westside is very competitive. There’s a lot of commerce, it’s a lovely atmosphere and everybody likes to go to the beach.”

To contact the reporter on this story: Nadja Brandt in Los Angeles at nbrandt@bloomberg.net

THE SECRET BAILOUT OF JPMORGAN

Ellen Brown, May 13th, 2008
http://www.webofdebt.com/articles/banking-bailout.php


The mother of all insider trades was pulled off in 1815, when London financier Nathan Rothschild led British investors to believe that the Duke of Wellington had lost to Napoleon at the Battle of Waterloo. In a matter of hours, British government bond prices plummeted. Rothschild, who had advance information, then swiftly bought up the entire market in government bonds, acquiring a dominant holding in England’s debt for pennies on the pound. Over the course of the nineteenth century, N. M. Rothschild would become the biggest bank in the world, and the five brothers would come to control most of the foreign-loan business of Europe. “Let me issue and control a nation’s money,” Rothschild boasted in 1838, “and I care not who writes its laws.”

In the United States a century later, John Pierpont Morgan again used rumor and innuendo to create a panic that would change the course of history. The panic of 1907 was triggered by rumors that two major banks were about to become insolvent. Later evidence pointed to the House of Morgan as the source of the rumors. The public, believing the rumors, proceeded to make them come true by staging a run on the banks. Morgan then nobly stepped in to avert the panic by importing $100 million in gold from his European sources. The public thus became convinced that the country needed a central banking system to stop future panics, overcoming strong congressional opposition to any bill allowing the nation’s money to be issued by a private central bank controlled by Wall Street; and the Federal Reserve Act was passed in 1913. Morgan created the conditions for the Act’s passage, but it was Paul Warburg who pulled it off. An immigrant from Germany, Warburg was a partner of Kuhn, Loeb, the Rothschilds’ main American banking operation since the Civil War. Elisha Garrison, an agent of Brown Brothers bankers, wrote in his 1931 book Roosevelt, Wilson and the Federal Reserve Law that “Paul Warburg is the man who got the Federal Reserve Act together after the Aldrich Plan aroused such nationwide resentment and opposition. The mastermind of both plans was Baron Alfred Rothschild of London.” Morgan, too, is now widely believed to have been Rothschild’s agent in the United States. 1

Robert Owens, a co-author of the Federal Reserve Act, later testified before Congress that the banking industry had conspired to create a series of financial panics in order to rouse the people to demand “reforms” that served the interests of the financiers. A century later, JPMorgan Chase & Co. (now one of the two largest banks in the United States) may have pulled this ruse off again, again changing the course of history. “Remember Friday March 14, 2008,” wrote Martin Wolf inThe Financial Times; “it was the day the dream of global free-market capitalism died.”

The Rumors that Sank Bear Stearns

Mergers, buyouts and leveraged acquisitions have been the modus operandi of the Morgan empire ever since John Pierpont Morgan took over Carnegie’s steel mills to form U.S. Steel in 1901. The elder Morgan is said to have hated competition, the hallmark of “free-market capitalism.” He did not compete, he bought; and he bought with money created by his own bank, using the leveraged system perfected by the Rothschild bankers known as “fractional reserve” lending. On March 16, 2008, this long tradition of takeovers and acquisitions culminated in JPMorgan’s buyout of rival investment bank Bear Stearns with a $55 billion loan from the Federal Reserve. Although called “federal,” the U.S. central bank is privately owned by a consortium of banks, and it was set up to protect their interests.2 The secret weekend purchase of Bear Stearns with a Federal Reserve loan was precipitated by a run on Bear’s stock allegedly triggered by rumors of its insolvency. An article inThe Wall Street Journal on March 15, 2008 cast JPMorgan as Bear’s “rescuer”:

“The role of rescuer has long been part of J.P. Morgan’s history. In what’s known as the Panic of 1907, a semi-retired J. Pierpont Morgan helped stave off a national financial crisis when he helped to shore up a number of banks that had seen a run on their deposits.”

That was one interpretation of events, but a later paragraph was probably closer to the facts:

“J.P. Morgan has been on the prowl for acquisitions. . . . Bear’s assets could be too good, and too cheap, to turn down.”3

The “rescuer” was not actually JPMorgan but was the Federal Reserve, the “bankers’ bank” set up by J. Pierpont Morgan to backstop bank runs; and the party “rescued” was not Bear Stearns, which wound up being eaten alive. The Federal Reserve (or “Fed”) lent $25 billion to Bear Stearns and another $30 billion to JPMorgan, a total of $55 billion that all found its way into JPMorgan’s coffers. It was a very good deal for JPMorgan and a very bad deal for Bear’s shareholders, who saw their stock drop from a high of $156 to a low of $2 a share. Thirty percent of the company’s stock was held by the employees, and another big chunk was held by the pension funds of teachers and other public servants. The share price was later raised to $10 a share in response to shareholder outrage and threats of lawsuits, but it was still a very “hostile” takeover, one in which the shareholders had no vote.

The deal was also a very bad one for U.S. taxpayers, who are on the hook for the loan. Although the Fed is privately owned, the money it lends is taxpayer money, and it is the taxpayers who are taking the risk that the loan won’t be repaid. The loan for the buyout was backed by Bear Stearns assets valued at $55 billion; and of this sum, $29 billion was non-recourse to JPMorgan, meaning that if the assets weren’t worth their stated valuation, the Fed could not go after JPMorgan for the balance. The Fed could at best get its money back with interest; and at worst, it could lose between $25 billion and $40 billion.4 In other words, JPMorgan got the money ($55 billion) and the taxpayers got the risk (up to $40 billion), a ruse called the privatization of profit and socialization of risk. Why did the Fed not just make the $55 billion loan to Bear Stearns directly? The bank would have been saved, and the Fed and the taxpayers would have gotten a much better deal, since Bear Stearns could have been required to guaranty the full loan.

The Highly Suspicious Out-of-the-Money Puts

That was one of many questions raised by John Olagues, an authority on stock options, in a March 23 article boldly titled “Bear Stearns Buy-out . . . 100% Fraud.” Olagues maintains that the Bear Stearns collapse was artificially created to allow JPMorgan to be paid $55 billion of taxpayer money to cover its own insolvency and acquire its rival Bear Stearns, while at the same time allowing insiders to take large “short” positions in Bear Stearns stock and collect massive profits. For evidence, Olagues points to a very suspicious series of events, which will be detailed here after some definitions for anyone not familiar with stock options:

put is an option to sell a stock at an agreed-upon price, called the strike price or exercise price, at any time up to an agreed-upon date. The option is priced and bought that day based upon the current stock price, on the presumption that the stock will decline in value. If the stock’s price falls below the strike price, the option is “in the money” and the trader has made a profit. Now here’s the evidence:

On March 10, 2008, Bear Stearns stock dropped to $70 a share — a recent low, but not the first time the stock had reached that level in 2008, having also traded there eight weeks earlier. On or before March 10, 2008, requests were made to the Options Exchanges to open a new April series of puts with exercise prices of 20 and 22.5 and a new March series with an exercise price of 25. The March series had only eight days left to expiration, meaning the stock would have to drop by an unlikely $45 a share in eight days for the put-buyers to score. It was a very risky bet, unless the traders knew something the market didn’t; and they evidently thought they did, because after the series opened on March 11, 2008,purchases were made of massive volumes of puts controlling millions of shares.

On or before March 13, 2008, another request was made of the Options Exchanges to open additional March and April put series with very low exercise prices, although the March put options would have just five days of trading to expiration. Again the exchanges accommodated the requests and massive amounts of puts were bought. Olagues contends that there is only one plausible explanation for “anyone in his right mind to buy puts with five days of life remaining with strike prices far below the market price”: the deal must have already been arranged by March 10 or before.

These facts were in sharp contrast to the story told by officials who testified at congressional hearings on April 4. All witnesses agreed that false rumors had undermined confidence in Bear Stearns, making the company crash despite adequate liquidity just days before. On March 10, 2008, Reuters was citing Bear Stearns sources saying there was no liquidity crisis and no truth to the speculation of liquidity problems. On March 11, the Chairman of the Securities and Exchange Commission himself expressed confidence in its “capital cushion.” Even “mad” TV investment guru Jim Cramer was proclaiming that all was well and the viewers should hold on. On March 12, official assurances continued. Olagues writes:

“The fact that the requests were made on March 10 or earlier that those new series be opened and those requests were accommodated together with the subsequent massive open positions in those newly opened series is conclusive proof that there were some who knew about the collapse in advance . . . . This was no case of a sudden development on the 13 or 14th, where things changed dramatically making it such that they needed a bail-out immediately. The collapse was anticipated and prepared for. . . .

“Apparently it is claimed that some people have the ability to start false rumors about Bear Stearns’ and other banks’ liquidity, which then starts a ‘run on the bank.’ These rumor mongers allegedly were able to influence companies like Goldman Sachs to terminate doing business with Bear Stearns, notwithstanding that Goldman et al. believed that Bear Stearns balance sheet was in good shape. . . . The idea that rumors caused a ‘run on the bank’ at Bear Stearns is 100% ridiculous. Perhaps that’s the reason why every witness was so guarded and hesitant and looked so mighty strained in answering questions . . . .

“To prove the case of illegal insider trading, all the Feds have to do is ask a few questions of the persons who bought puts on Bear Stearns or shorted stock during the week before March 17, 2008 and before. All the records are easily available. If they bought puts or shorted stock, just ask them why.”5

Suspicions Mount

Other commentators point to other issues that might be probed by investigators. Chris Cook, a British consultant and the former Compliance Director for the International Petroleum Exchange, wrote in an April 24 blog:

“As a former regulator myself, I would be crawling all over these trades. . . . One question that occurs to me is who actually sold these Put Options? And why aren’t they creating merry hell about the losses? Where is Spitzer when we need him?”6

In an April 23 article in LeMetropoleCafe.com, Rob Kirby agreed with Olagues that it was not Bear Stearns but JPMorgan that was bankrupt and needed to be “recapitalized” with massive loans from the Federal Reserve. Kirby pointed to the huge losses from derivatives (bets on the future price of assets) carried on JPMorgan’s books:

“. . . J.P. Morgan’s derivatives book is 2-3 times bigger than Citibank’s – and it was derivatives that caused losses of more than 30 billion at Citibank . . . . So, it only made common sense that J.P. Morgan had to be a little more than ‘knee deep’ in the same stuff that Citibank was – but how do you tell the market that a bank –any bank – needs to be recapitalized to the tune of 50 – 80 billion?”7

Kirby wrote in an April 30 article:

“According to the NYSE there are only 240 million shares of Bear outstanding . . . [Yet] 188 million traded on Mar. 14 alone? Doesn’t this strike you as being odd? . . . What percentage of the firm was owned by insiders that categorically did not sell their shares? . . . Bear Stearns employees held 30 % of the company’s stock . . . 30 % of 240 million is 72 million. If you subtract 72 from 240 you end up with approximately 170 million. Don’t you think it’s a stretch to believe that 186+ million real shares traded on Friday Mar. 14? Or do you believe that rank-and-file Bear employees, worried about their jobs, were pitching their stocks on the Friday before the company collapsed knowing their company was toast? But that would be insider trading – wouldn’t it? No bloody wonder the SEC does not want to probe J.P. Morgan’s ‘rescue’ of Bear Stearns . . .”8

If real shares weren’t trading, someone must have been engaging in “naked” short selling – selling stock short without first borrowing the shares or ensuring that the shares could be borrowed. Short selling, a technique used by investors to try to profit from the falling price of a stock, involves borrowing a stock from a broker and selling it, with the understanding that the stock must later be bought back and returned to the broker. Naked short selling is normally illegal; but in the interest of “liquid markets,” a truck-sized loophole exists for “market makers” (those people who match buyers with sellers, set the price, and follow through with the trade). Even market makers, however, are supposed to cover within three days by actually coming up with the stock; and where would they have gotten enough Bear Stearns stock to cover 75% of the company’s outstanding shares? In any case, naked short selling is illegal if the intent is to drive down a stock’s share price; and that was certainly the result here.9

On May 10, 2008, in weekly market commentary on FinancialSense.com, Jim Puplava observed that naked short selling has become so pervasive that the number of shares sold “short” far exceeds the shares actually issued by the underlying companies. Yet regulators are turning a blind eye, perhaps because the situation has now gotten so far out of hand that it can’t be corrected without major stock upheaval. He noted that naked short selling is basically the counterfeiting of stock, and that it has reached epidemic proportions since the “uptick” rule was revoked last summer to help the floundering hedge funds. The uptick rule allowed short selling only if the stock price were going up, preventing a cascade of short sales that would take the stock price much lower. But that brake on manipulation has been eliminated by the Securities Exchange Commission (SEC), leaving the market in unregulated chaos.

Eliot Spitzer has also been eliminated from the scene, and it may be for similar reasons. Greg Palast suggested in a March 14 article that the “sin” of the former New York governor may have been something more serious than prostitution. Spitzer made the mistake of getting in the way of a $200 billion windfall from the Federal Reserve to the banks, guaranteeing the mortgage-backed junk bonds of the same banking predators responsible for the subprime debacle. While the Federal Reserve was trying to bail the banks out, Spitzer was trying to regulate them, bringing suit on behalf of consumers.10 But he was swiftly exposed and deposed; and the Treasury has now broached a new plan that would prevent such disruptions in the future. Like the Panic of 1907 that justified a “bankers’ bank” to prevent future runs, the collapse of Bear Stearns has been used to justify a proposal giving vast new powers to the Federal Reserve to promote “financial market stability.” The plan was unveiled by Treasury Secretary Henry Paulson, former head of Goldman Sachs, two weeks after Bear Stearns fell. It would “consolidate” the state regulators (who work for the fifty states) and the SEC (which works for the U.S. government) under the Federal Reserve (which works for the banks). Paulson conceded that the result would not be to increaseregulation but to actually take away authority from state regulators and the SEC. All regulation would be subsumed under the Federal Reserve, the bank-owned entity set up by J. Pierpont Morgan in 1913 specifically to preserve the banks’ own interests.

On April 29, a former top Federal Reserve official told The Wall Street Journal that by offering $30 billion in financing to JPMorgan for Bear’s assets, the Fed had “eliminated forever the possibility [that it] could serve as an honest broker.” Vincent Reinhart, formerly the Fed’s director of monetary affairs and the secretary of its policy-making panel, said the Fed’s bailout of Bear Stearns would come to be viewed as the “worst policy mistake in a generation.” He noted that there were other viable options, such as looking for other suitors or removing some assets from Bear’s portfolio, which had not been pursued by the Federal Reserve.11

Jim Puplava maintains that naked short selling has now become so pervasive that if the hedge funds were pressed to come in and cover their naked short positions, “they would actually trigger another financial crisis.” The Fed and the SEC may be looking the other way on this widespread stock counterfeiting scheme because “if they did unravel it, everything really would unravel.” Evidently “promoting market stability” means that whistle-blowers and the SEC must be silenced so that a grossly illegal situation can continue, since the crime is so pervasive that to expose it and prosecute the criminals would unravel the whole financial system. As Nathan Rothschild observed in 1838, when the issuance and control of a nation’s money are in private hands, the laws and the people who make them become irrelevant.