Mark McHugh

Archive for the ‘SEC’ Category

Is The SLV Wired To Blow?

In Conspiracy, Government, Humor, Leveraged ETF, Mary Schapiro, Open Thread, SEC, Silver, stocks finance on Friday, April 29, 2011 at 8:13 pm

I’m not real big on suspense, so I’ll tell you upfront, I think so.  Once again, we may be about to find out what happens when regulators are asleep at the switch.

As of this writing there are 364 million shares of SLV outstanding.  In the past five trading days (April 25 – 29) more than 755 million shares have been traded, and get this, more than 10 million ounces of silver were taken from the trust between the 26th and the 28th, taking available shares with them.  From Stockhouse.com :

Note: Stockhouse.com is the only free website that I know of that accurately tracks the number of ETF shares outstanding and changes (wish I could say the same of my broker).  Enter the ETF ticker with the suffix “.SO”

At what point does trading volume relative to existing shares become unbelievable?

Information on institutional holdings of ETF shares is also hard to find. but according to nasdaq.com, 86 million shares of SLV are held by institutions, but that does not include any holdings reported since April 1, 2011.  And speaking of missing data, does anybody know where China Investment Corp’s 13F‘s  are?  The sovereign wealth giant filed its initial holdings with the SEC on February 5, 2010,   but no additional data has been released.  The SEC requires the form to be filed within 45 days of the quarter’s end. 

The point is that the SLV has become one of the most heavily traded instruments on our exchanges and there is an all too finite number of shares.  There’s at least some evidence that the SECs institutional holdings data is outdated and/or incomplete.   What happens when all the shares are spoken for?  If it hasn’t happened already (I suspect it has), it should soon…..

Then what?

Will the SEC suspend sales of the SLV?  Will the SLV start trading at huge premiums to NAV?  Will the SEC even notice?

I don’t know about you, but I’m going with “SEC will never notice,”  because they have no mechanism in place to ensure “shares owned” doesn’t exceed shares outstanding (remember Mary Schapiro’s only qualification to Chair the SEC is her inability to recognize a Ponzi).

Obviously if SLV starts trading at huge premiums, it isn’t tracking the price of silver anymore.  It will have a market dynamic unto itself.  Suspending sales until more silver is deposited with the trust  will immediately cause a run on physical silver the likes of which has never been seen before.  The silver exchange on the COMEX will blow up in a matter of minutes, followed shortly thereafter by JP Morgan and the class structure of western civilization.  If you don’t know how tight the silver supply is getting, take a peak at this chart from 24HOURGOLD:

Kudos to 24hourgold.com for doing a better job tracking the rapidly vanishing supply of registered silver than the COMEX!!!!  (Hope it’s OK I stole a screenshot).

To make matters even worse, SLV trades options.  Lots and lots and lots of options.  So when the shares outstanding are all sold, there will be people with call options, who have bought the right to buy shares of SLV at a given price.  Forcing cash settlement means the SLV no longer can claim to track the price of physical silver, because the purchase of silver by an authorized participant to create the shares to cover the options would have surely moved the price of the metal.

So once again America, ignoring the grim reality of the situation is the only logical course of action.  The SEC knows all too well that that’s what porn sites are for.  So unless somebody posts this on Pornhub……

I’m sure that Tyler Durden’s instincts will be proven correct again, when he stated that Blackrock’s Kevin Feldman’s defense of the SLV was a red flag in and of itself.  Blackrock is the sponsor of the SLV, and Kevin urged everyone to read the prospectus.  That was probably not such a good idea.  Be extra careful when you try to download the prospectus, I got the following warning:

Comedy ensued after using Firefox (safe mode) to view the prospectus:

“The sponsor does not exercise day-to-day oversight over the trustee or the custodian” 

Which seems to conflict with Kevin’s letter:

“At BlackRock, we take the responsibility of protecting shareholder interests very seriously and spend a lot of time constructing our iShares products to help ensure they meet investor expectations.”

So in reality Blackrock takes protecting shareholders about as seriously as the US Department of Justice takes perjury.  To his credit, Kevin did link to a list of bars the SLV holds in some vaults over in England.  The list was prepared by JP Morgan, because if you can’t trust them regarding silver, who can you trust?  Rather than spoil all the potential ways the SLV might not meet “investor expectations”, I thought it would be fun to make a contest of it (see comments).

The SLV pimps out the price action of the silver it holds to shareholders.  It can terminate the trust for a long list of reasons, not the least insignificant of which is if  the Authorized Participants (who actually own the silver) feel like it.

Suddenly everybody has an opinion of what the price of silver should be, but as JPM is now finding out, if you don’t have silver to sell your opinion doesn’t count.

I don’t wish any ill on SLV shareholders, but make no mistake, you don’t own silver.  History has not been kind to people who made similar mistakes,  and recent history should tell you no one is looking out for you. 

 Miscellaneous Fun Facts:

  • In February, 2007 the author contacted the SEC via email regarding Countrywide Financial CEO Angelo Mozilo’s insider trading.
  • In March 2007 the author applied for an SEC bounty regarding Angelo Mozilo’s insider trading (up to 10% of recovered amount) .  Countrywide’s stock was trading at about $37 at the time.  It would trade over $40 in May and implode to less than $5 by late 2007.
  • On June 4, 2009 (27 months later) the SEC charged Mozilo with insider trading and securities fraud.
  • In October 2010 Mozilo agreed to pay $67.5 million in fines to the SEC to settle the charges against him.
  • At its peak, Countrywide had a Market Cap of more than $26B.  Angelo Mozilo has an estimated net worth of $600 million.
  • The SLV currently has a Market Cap of approximately $17B.
  • The author never received a bounty from the SEC, because the Dodd-Frank “Financial Reform” legislation repealed the previous SEC bounty program.  Bounties can no longer be paid based on an outsider’s analysis of publicly available information.
  • In 2010, the author applied for a job as an “abusive trading practices specialist” with the SEC.  He received no reply.
  • In February 2011, the US dropped its criminal investigation against Mozilo.
  • Paybacks are a bitch.

Common sense (and a little math) tells me that the SLV is already a fraud.  When that becomes obvious to all is anyone’s guess, but based on my past experience, neither the SEC nor the CFTC will recognize it until about two years after it implodes.

***

Update:  Thanks a million to Steve Quayle!!!  He is the only major blogger who has linked to this story thusfar (kind of makes you wonder how much some of these other guys value truth).  This story needs to be discussed.  If you’ve got a blog, take this story and run with it!

****Max Keiser has now added the story too, Thanks Max!

****Jesse’s Crossroads cafe brought it big time!! Thank You, Jesse!

***

 I have to recognize all the people who helped this post see the light of day.  It had been getting easier for me to get things I’ve written promoted….then BAM!  The doors really got slammed in my face with “…Wired to Blow.”  I was confused and angry.  Then I realized something….

One way or another, most of the financial blogoshere is still pretty tight with Wall Street, and every financial pro who has recommended the SLV to clients dropped the proverbial due diligence ball.  I believe that’s why so many didn’t want this story told.  They’re probably going to have some explaining to do soon.   Luckily, a couple of big bloggers (Steve Quayle, Max Keiser and Jesse ) came to help, and I’m very grateful.  But they weren’t the only ones.

I get way more than my fair share of support from relatively small bloggers, just like me, and I have been remiss in recognizing their support.  I spend too much time feeling threatened and jealous of their talent.  But I must say, they really came through for me.  Just look at all the places I got hits from here.  All kidding aside, I am touched.  If you’re new here, feel free to take any of my original content (pictures and/or words).  If it is not credited to anyone else, it’s mine and therefore yours to share.  I’ll be adding a bunch of you guys to the blogroll very soon.

Thanks again,

Mark

Are Leveraged ETFs a Dumping Ground for Government Debt?

In Leveraged ETF, SEC, stocks finance, Treasuries on Monday, March 1, 2010 at 9:40 pm

**note: all data used was captured as of the February 26 close.

I’m not big on suspense, so I’ll answer right up front – YES!  Yes they are. In fact when you boil off the bullshit, there’s not much else to them. The actual (net) holdings of one leveraged ETF pair (FAS/FAZ) is currently 84% Goldman Sachs Financial Square Government Fund ($1.44B). But that’s really only slightly more outrageous than Direxion’s total ETF family (here), which is comprised of $4.77B (79%) government debt vs. $1.29B actual investment.  

If you want to understand how I know this, you will have to indulge me a little.   

For a moment, think about the concept of leveraged ETFs; promising returns of up to 300% of a particular index, or its’ inverse (-300%)!  But beyond the ability to make (or in my case, lose) money astonishingly fast; I am astounded that such devices can even be designed, by NASA, or anyone else native to this planet.  Where would you start?  And who are these guys?   

Just another day at Direxion Funds, I guess. 

more…. Read the rest of this entry »

What’s Wrong with This Picture?

In SEC, stocks finance on Wednesday, June 10, 2009 at 3:30 pm

My four year old got this one:610SPYCaptureSadly, our regulators won’t.

From the final minutes of trading today.  Now keep in mind, this is the SPY, not some penny stock.  If the SPY is having liquidity issues, we’re in for some very interesting days.

And I was trying to be nice….

I’ve got 14 million reasons to be kind to the SEC.  In March of 2007, I applied for a bounty on Angelo Mozilo’s insider trading. So when the SEC finally charged Mozilo with $140M in fraudulent insider trading, my heart skipped a few beats  (a bounty award is up to 10% of the amount recovered).   And while that kind of money is beyond my wildest dreams, it’s not enough to make me turn a blind eye to the incestuous horror show that passes for regulation in our markets.  I only hope that they have to cough up that reward money to someone who despises them as much as I do.

If I were a rich man….

For kicks, I decided what I would do if my archenemies had to cut that check to me.  I would run an open source development project on biochar.  It is my opinion that this is the most promising “green” technolgy, and would provide more jobs for more people than anything currently being discussed.  If I could ask one thing of you, it would be that you read the wikipedia article on biochar.

From Wikipedia:

biochar is a tool used to simultaneously slow down deforestation, increase the food security of rural communities, provide renewable energy to them and sequester carbon.

I’m using Biochar to describe a variety of technologies (including wood gasification) that can be enacted locally and customized to community or individual needs, addressing energy, environmental, and agricultural needs simultaneously.  These technologies require intelligent humans to build, operate, maintain and sustain them on a very local level.

Or we could go space-mining…..