- Hier mal ne gute Analyse gegen die Verschwörungstheorie - R.Deutsch, 18.05.2001, 22:00
Hier mal ne gute Analyse gegen die Verschwörungstheorie
AN UNLIKELY CONSPIRACY, 
AN ENTIRELY LIKELY SWINDLE
By Doug Casey 
http://www.dailyreckoning.com
May 16, 2001
Reviewing lawsuits isn't exactly my favorite form of recreation. 
But I've recently been taken to task for not taking seriously a 
lawsuit filed on Dec 7, 2000 by one Reginald Howe in U.S.
District Court in Massachusetts. 
The suit names, among others, Alan Greenspan, the U.S.
secretary of the treasury, and the Bank for International 
Settlements (BIS). And it alleges a conspiracy to manipulate 
the price of gold; as well as violations of the Sherman Antitrust 
Act, various SEC regulations, and common law claims. It has 
been financed and promoted by a group called GATA (the 
Gold Anti-Trust Action Committee), of which I presume many 
readers who are interested in gold may have heard. 
Briefly, the complaint explains how certain mining firms and 
gold-dealing banks sell the metal into the futures market for 
a premium; how central banks lend their gold to commercial 
banks to collect about 2 percent interest; and how commercial 
banks capture the difference. The suit argues that new 
production of gold is 2,500 tonnes but consumption is 4,000, 
and that this deficit is filled with borrowed gold, constituting 
a giant short position. 
That short position, says GATA, can never be covered at 
anywhere near current prices. So far, I agree. 
But then the suit jumps to the conclusion that just because 
some people have an interest in seeing the gold price stay 
stable -- otherwise they might get caught short in a runaway 
gold bull market partially of their own making -- that those 
people are conspiring to depress the price of gold. 
What do I make of it? 
Well, I don't hold myself out as a legal maven, but all this suit 
proves is that anybody can sue anyone about absolutely 
anything. I'm sympathetic to the intent behind this suit, of 
course. But I don't think it's got a snowball's chance. 
In fact, I expect it will be dismissed out-of-hand by the court. 
I can hear the judges chuckling up the sleeves of their ample 
robes as they compare it to lawsuits alleging the Queen of 
England still owns the United States, or that sovereign 
individuals in the United States don't have to pay income tax 
under the law. 
As per their price fixing count, it makes sense to me that 
there's a huge uncovered short position in the gold market. 
But it doesn't make sense to me that the powerful people 
and institutions named would collude to keep the gold price 
down, however much that might be to their advantage. 
Rather, in the real world, the guys that could get hurt most 
would be trying to cover before the other guys do, recognizing 
you can't control a market forever; these aren't plowboys who 
just fell off a turnip truck. And the idea of the Fed chairman, 
the Treasury secretary, and a roomful of bankers sitting down 
at a table to collude wouldn't even make a good movie, because 
it's so incredible. At least to me. 
It's clearly in the interest of all governments and central banks 
for the price to stay low, giving the appearance that all's right 
with the financial and economic worlds. (It's one thing for the 
stock market to be weak. But if gold takes off at the same time, 
that could cause people to push the panic button for real.) So 
maybe governments are trying to manipulate the price of gold; 
that's the type of thing they've always done. In fact, that's 
what most people think they ought to do. 
But if they are, what do you think the chances are of a 
government court saying they shouldn't? I'd say slim and 
none. And Slim's out of town. If I were the judge I'd throw it 
out of court as a grandstanding effort of a bunch of sore 
losers and conspiracy wankers -- despite my dislike of 
central bankers, and my sympathy for gold. 
Another part of the complaint decries the BIS attempt to 
force its private shareholders to tender their shares for 
US$ 9,280 per -- when recent fairness opinion set their 
value at over twice that much. 
Well, of course the public shareholders are being screwed. 
It happens all the time; that's what management buyouts 
are usually all about. 
Personally, I'd like to see the BIS wound up and its capital 
distributed. And frankly, I wouldn't mind if its officers and 
directors were shot at dawn. But that doesn't mean I'm 
particularly sympathetic to its shareholders. They bought 
into a corrupt and destructive quasi-governmental institution, 
controlled by central bankers where all the other shareholders 
are central banks. You swim with sharks, you can expect to 
get bit. Tough luck. 
The lawsuit also has a bunch of miscellaneous onstitutional 
and Common Law violations thrown in for good measure. But 
the U.S. Constitution is a dead letter, except for certain of 
its aspects in which the Supreme Court has taken an interest. 
And gold ain't one of them. 
Common Law has, unfortunately, been superceded in all 
meaningful ways by statute law in the United States. Which 
actually leads me to what I think is a rather distasteful aspect 
of the suit, namely its respectful reference to U.S. securities 
and antitrust laws -- two areas of legislation in need of 
abolition. Every suit filed referencing them serves only to 
legitimize them. 
But perhaps that's just a personal bete noir of mine. 
Don't get me wrong. I'm happy to see folks do this kind of 
thing, if only because it distracts the enemy. Maybe there's a 
chance in a hundred that a lower court will entertain part of it, 
before it's thrown out on appeal. I wish these folks well. But 
mostly, I think it's just a waste of time. And regrettably, it 
adds to the reputation of gold-bugs as windmill tilters and 
conspiracy buffs. 
____________________________________________________
Doug Casey is the editor of International Speculator and author 
of several best-selling financial books, including"Crisis 
Investing."
-END- 
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