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WEEKLY COMMENTARY
February 2, 2004
Also see new article at:
Best of Bob Bishop
Best of Mark Rostenko
Business As Usual?
By Theodore Butler
(The following essay was written by silver analyst Theodore Butler.
Investment Rarities does not necessarily endorse these views, which may
or may not prove to be correct.)
The just-released Commitments of Traders Report (COT), for positions
held as of Tuesday, January 27, 2004, was a shocker for silver. It
showed that the commercials increased their net short position in COMEX
silver futures and call options to 470 million ounces, an increase of
more than 52 million ounces in one week. This is a near-record in the
dealers' net short position, exceeded only once before in COT history,
some ten years ago. The eight or less largest traders held a net short
position of more than 337 million ounces. There should be no question in
anyone's mind as to why we sold off so sharply in silver on Thursday,
Jan 29th, when silver fell 40 cents, its biggest decline in many years,
and continuing today, Feb 2. The connection - largest short position in
years, largest price decline in years - should be painfully obvious to
everyone. This is blatant manipulation, pure and simple. There were no
fundamental developments in the real world of silver supply and demand,
just illegal paper games on the COMEX.
What makes this such an outrage is that these short commercials don't
have the real silver backing these naked short sales. How could they?
Their total net short position is three times the size of total world
known bullion inventories. In no other commodity does this absurd
situation exist. In addition, the shorts have struggled for a year to
make delivery on the COMEX, consistently forcing some acceptors of
delivery to wait until up to the very last delivery day, which is
against all known delivery economics. More than 50 million ounces of
paper silver shorts were added in the week, even while they struggled to
deliver a stinking 5 million ounces of real silver that the Central Fund
of Canada bought some 7 weeks ago. And to those who would suggest that
this orgy of paper selling was legitimate hedging on the part of miners,
since when are legitimate hedges established and liquidated on quick
price drops, as is the pattern of the manipulative shorts?
It is important to view these excessive naked short sales for what they
really are. Quite simply, without the tens and hundreds of millions of
paper ounces being sold by speculators masquerading as commercial
dealers, the price of silver would be substantially higher right now -
at least $10 to $20 per ounce. These short sellers don't have one-tenth
of the real silver to back their short sales, and the only reason they
sell in such obscene quantities is to keep the price from exploding, as
is demanded by the real supply/demand fundamentals. There has never
been, and could never be, a clearer case of market manipulation.
Just to prove, from a completely different perspective, how there is not
enough real silver in size, either held by the shorts, or for that
matter, available to any large investors, at current prices, I ask you
to examine two recent silver mining company financings. In the past few
weeks, Coeur d'Alene Mines and Apex Silver raised almost $350 million
dollars in new equity offerings (Coeur in a convertible bond issue and
Apex in straight shares), mostly from demand from institutional
investors. The only possible reason for such demand for equity in these
companies, is that the investors were convinced of sharply higher future
silver prices. Certainly, these investors were not planning on silver
staying around the current $6 mark, as that would make no sense for such
investments in these companies.
This same $350 million dollars could have bought almost 60 million
ounces of real silver, instead of a 10% equity stake in Coeur and a 20%
stake in Apex (which won't be producing silver for years). But 60
million ounces would have represented almost 50% of all the known silver
bullion in the world. Ask yourself this question - if you had the
choice, for the same money, between owning almost 50% of the world's
visible silver bullion inventories, or a minority stake in companies
that will only do well if silver goes up dramatically, which would you
choose? I know what I would choose and what the world's most successful
investor, Warren Buffett, would choose. No, I am not saying that
investments in Coeur or Apex are bad, so don't even bring that up. I'm
saying no one could buy 60 million ounces of real silver at current
prices if they wanted to, even if they had the money. Not you, not me,
not Buffett, and certainly not the shorts. All the shorts can do is sell
paper, they can't sell real silver, because it's not available at
current prices in that size. (That's one of the big advantages to being
a retail investor, and not an institutional investor, in that you can
still probably buy all the real silver you can afford.)
A couple of years ago, in a series of more than a dozen letters, I
petitioned the CFTC to make the concentrated shorts show that they had
the real silver behind their outsized shorts. Many of you wrote in,
also. I even offered constructive solutions, such as enforcing
legitimate speculative position limits and certifying the shorts as
delivery capable by first delivery day. The CFTC dragged their heels for
months, and then finally offered some confusing run-around and
convoluted excuse for protecting the manipulative shorts. It's clear
that the CFTC is a big part of the silver manipulation, because they
refuse to even look at it, in spite of it being so obvious to so many
people.
Just this week, the CFTC disclosed that it is investigating the cattle
market (once again) and the natural gas market. This is the second
cattle market investigation, concerning a price drop, in the recent past
that the CFTC has conducted. The first found absolutely no wrongdoing,
and the nature of the current investigation is to determine whether
anyone had advanced notice of the Mad Cow announcement, not
manipulation. It is clear that the CFTC pays too much special attention
to cattle, and to me that's because, its chairman, James Newsome, is a
cattleman, having been the Executive VP of the Mississippi Cattleman's
Association, just prior to joining the CFTC. In natural gas, most
industry insiders know that this investigation under way, is due to
election year political pressure, as there has been no shocking price
movements, especially considering the cold weather.
What I am suggesting is that the CFTC practices selective law
enforcement, prompted by crony political favoritism. In silver, not only
is the evidence of manipulation clear and compelling, it is backed by
more than two thousand names on the Internet petition to Eliot Spitzer.
You can be sure I sent a copy to the CFTC. In spite of this, the CFTC
pretends there is nothing wrong with an unprecedented and uneconomic
naked silver short position. I'm convinced that there is no number of
ounces of silver too large that the manipulative dealers could sell
short that the CFTC would object to. The CFTC is protecting the
manipulative shorts, at the expense of the free market. You can be sure
there was no public outcry, nor petition, about cattle or natural gas to
prompt the CFTC's investigations. For looking the other way, instead of
doing their job, the CFTC should be hung by their heels, for being
common political hacks, instead of protectors of the market..
While it is outrageous that the CFTC looks the other way as the
commercials sell short silver that they can't possibly come up with, all
is not lost. In fact, this recent shorting by the commercials was so
heavy-handed and over the top, that it may have initiated the downfall
of the silver manipulators. These paper games by the dealers are short
term in nature, and do nothing but enhance the certainty of the coming
sharp rise in the price of silver. There are two very recent
developments that promise to turn the tide against the dealer
manipulators.
One recent development is contained in the COT report itself. As many of
you know, I have studied the COTs closely for many years. I've seen
something evolving for the past month in the silver COT, that was
further confirmed in the latest report. If my interpretation is correct,
it promises to be a bombshell for the market. What I see is evidence
that the very largest commercial silver short in the market is exiting
the short side. A close examination of the concentrated positions of the
4 and 8 largest traders, over the past month, shows that while the
overall commercial net short position, and that of the 8 largest traders
has grown to near record levels, the concentrated net short position of
the 4 largest traders has not grown anywhere near as proportional. My
conclusion - the commercial short who is Mr. Big is fleeing from the
short side, and leaving the other commercials holding the (short) bag.
It is a double-cross of potential monumental proportions. Furthermore,
if my analysis is correct, it is of profound importance, as I believe it
was Mr. Big who coordinated physical supplies to the market and
functioned as the de facto guarantor of the other commercial shorts.
Without that short guarantor, the other commercials may panic as soon as
they realize they are on their own for the first time. I don't think the
other commercials can maintain the manipulation without Mr. Big.
Certainly, I am not basing my theory that the largest Silver Manager is
abandoning the short side, strictly on the data from the COT, even
though that evidence is compelling, in and of itself. In fact, I have
been expecting this development. It is exactly what I have been trying
to accomplish, in recent articles and letters to the Attorney General of
New York, Eliot Spitzer. Putting myself in the shoes of Mr. Big, if I
couldn't justify a dominant and controlling position on the short side
of silver, I'd beat it out of (short) town quickly. I think that is
exactly what is happening.
As far as the other recent development, I am told by Bill Murphy of GATA
(the Gold Anti-Trust Action Committee) that he intends to throw the full
weight of his organization behind ending the silver manipulation, as a
means of ending the gold manipulation. The thinking here is that silver
is the weak link in the manipulators' game, in that it is easier to
prove the silver manipulation, and by ending the silver scam, the
manipulators will be exposed in gold. For those who know him and the
organization, they know that they are steadfast in pursuit of what they
believe in. I believe that this is a very important development in the
fight to end the silver manipulation.
One of the impediments to ending the silver manipulation has been that
it has not been on the radar screen for most investors and analysts,
even to those interested in the much larger gold market. It has always
been my contention that if anyone were to look at the silver market
closely and objectively, and apply logic and common sense, it would dawn
on them just how manipulated the market is, and what an exciting
investment opportunity that manipulation has created. GATA has the
potential to help put silver on the radar screen, and I will be
developing specific actions for them to accomplish just that objective.
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