CA Attorney: Silver Manipulation Suit Dismissed Because Corrupt CFTC Has Left Investigation Open

A California attorney has dissected the recent ruling by 90 year old judge Robert P. Patterson Jr. dismissing the class-action lawsuit alleging manipulation of the silver market.
He concludes that the entire purpose of the delay in the CFTC’s nearly 5 year investigation of silver manipulation is so that the courts can rule that the government agency in charge of investigating market manipulation has not ruled that any market rigging has occurred, and thus the courts cannot become involved in civil litigation.

Now that the class action suit has been dismissed, he states to expect an announcement by the CFTC regarding the wrap up of their silver investigation- pending the appeal of the District Judge’s ruling.

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From TFMetalsreport:

 

I have carefully read the Court’s Opinion which granted JPM’s Motion to Dismiss the silver manipulation case, which case had been pending in the United States District Court, Southern District of New York.

Summary of My Analysis: Re Court’s Ruling on JPMorgan’s FRCP Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim

I am setting forth my take on the Court’s ruling.  I am not surprised by the ruling, because in hindsight, I can see fairly clearly that JPM had the winning hand from the get go.  I feel rather inept for not figuring this out earlier, but, the argument is rather simple:

(1) Congress is tasked with regulating commerce, and created the CFTC to regulate commodities futures and options, including silver [  http://www.cftc.gov/About/MissionResponsibilities/index.htm ];

(2) The CFTC is not part of Congress, nor part of the Executive branch, but is an independent agency; however, it is still part of the Executive Branch, tasked with regulating futures and options [ http://wiki.answers.com/Q/Whats_the_difference_between_an_executive_agen... ].

Other independent agencies are the CIA, SEC, FCC, FTC, NASA, and on and on.  Some call this the fourth branch of government, but in reality, all federal “agencies” are just tentacles of the same federal government octopus exerting control over all of us all the time.

(3) The federal government, in general, through its proxies and institutions like the Federal District Courts, ALWAYS acts to protect itself, to include never acting to shrink itself, to disgorge power, to decentralize, to neuter its capabilities or scope of influence, etc.;

(4) In the balance of power arrangement with the three co-equal branches of government, Executive, Legislative, and Judicial, the Judicial branch typically defers making a Constitutional decision when there are other options to dispose of a case;

(5) Here, there is a govt agency DIRECTLY charged with dealing with the exact issue before the court, and is ACTIVELY doing so, namely, whether JPM engaged in fraud and manipulation with respect to silver futures and options.

(6) The “expert” govt agency, the CFTC, found no manipulation in either of the two prior manipulation investigations, nor was any found in the ongoing investigation;

(7) Since the govt agency best charged with investigation is doing it, and found nothing then nor now, then why should the Court involve itself in another agency’s business? [Remember, the Court does not view the CFTC as a corrupt, captured shill agency like we all view it.]

(8) In short, because the Complaint essentially argues that something is amiss that the “expert” govt agency has not found, then the Court is not likely to step in and muddle around.

Click here for the California attorney’s full analysis:

 

Comments

  1. Doc, when is the online ordering going to be available for SDBullion? I am trying to buy one, just one of the Trivium coins but don’t want to order over the phone and the premiums keep going up!
    Thanks!

    • Glad to know I am not the only one having trouble. I wanted to buy some last week and couldn’t make it work. Messaged the Doc 2 or 3 times and got no reply. Maybe it’s the attackers affecting things…
      Doc, please let me/us know if those messages ever got through.

  2. @Smeagles – our apologies.  After routine upgrades over the holiday, the spot price began not locking on the checkout page until customer’s purchase was completed.  For the sake of order integrity, we decided to close the online ordering system until the checkout spot price lock is reinstated, to ensure that customers are charged the exact price they expect when they lock their order on the check out page.

    We will reopen online ordering as soon as the IT team completes the fix.  We expect the fix to be completed later this afternoon, or by this evening at the latest. 
    Thanks for your patience and understanding, and in the meantime, feel free to call the bullion line at 614.300.1094 to place your order!

    -Doc

    • Can he still order the Triviums though Doc? Weren’t those stopped last day of 2012 to move to the Slave Queen design now?

  3. @Orion : yes, SBSS stopped production and sales of the Triviums on 12/31.  However, we still have some rapidly shrinking inventory available at SDBullion.  Currently we have 223 left in stock.  Once they’re gone, they’re gone, and you will have to look at the secondary market such as ebay.  The first issue in the SBSS series currently goes for about double spot on ebay!

    -Doc

  4. Thanks for the response Doc! All I want is that Trivium coin! :)

  5. No real surprise. The courts don’t G A D if we are being robbed.

  6. Thank you for sharing your legal expertise.

  7. @SilverSlicker – I replied to both of your email inquiries immediately.  Apparently they either were never received or else were sent to your spam.  Feel free to call our bullion line today at 614.300.1094.

    -Doc

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