Mr. Butler’s Silver Newsletter – Icing on the Cake


by Theodore Butler, Silver Seek:

By James Cook

Silver analyst Theodore Butler writes a twice weekly newsletter on precious metals. Only a few people get to read this important newsletter. I’ve been talking to Ted about releasing one full issue for people to read. It’s important for investors to see the scope of his analysis. Mr. Butler has been a paid consultant to my company Investment Rarities for almost 20 years. I can vouch for his absolute integrity and his cautious approach in analyzing silver and gold. He relies on evidence and facts in arriving on his conclusions. He analyzes every known fact about silver and his knowledge of the silver market is unsurpassed. It’s no exaggeration to call him a silver genius. He has agreed to release the following current newsletter which gives insight into the thoroughness of his approach.


Unbeknownst to me when I wrote last week’s article, “A New Silver Issue for the Justice Department”, was the near simultaneous news that a leading silver mining company, Hochschild, had announced the closing of one of its Peruvian silver mines due to low silver prices. The Arcata mine, first put into production 55 years ago and reported to contain over 100 million ounces in reserves, was said to produce around 4 million ounces annually. There was little doubt that the decision to put the mine on care and maintenance was the result of continued depressed silver prices, despite the ten percent increase in price since Nov 13.

The news announcement resonates for a number of reasons. In attempting to convince the Department of Justice’s Antitrust Division to take up the matter of concentrated short selling on the COMEX silver futures market as being responsible for depressed silver prices, I made the point that it was absurd to conclude that the concentrated short selling was due to legitimate hedging by silver miners. Hochschild’s announcement underscores my point in that it proves silver prices are too low for legitimate producers to consider locking in by short sale on the COMEX. Instead, Hochschild took the painful but logical step of shutting down the mine until silver prices rise enough.

Since it’s clear that silver miners are not engaged in widespread bona fide hedging at current depressed silver prices to warrant their inclusion among the concentrated short sellers on the COMEX, then it’s imperative to ask then who is responsible. Thanks to unmistakably clear data from the CFTC in the form of disaggregated Commitments of Traders (COT) and Bank Participation reports, there can be little doubt that the concentrated short sellers are domestic and foreign banks – not miners.

The way it works is like this – the speculating banks (which are merely betting against the managed money speculators) pretend to be hedging and the CFTC accommodates this subterfuge by agreeing to classify the banks in the Producer/Merchant/User/Processor or Swap Dealers categories despite the obvious fact that the banks are speculating. Since there is always an ample supply of observers (not a one with hands on professional futures experience) who will glibly agree that anyone classified as a commercial is automatically engaged in legitimate hedging, regardless of clear evidence to the contrary, the con lives on.

What makes the silver manipulation con of speculative concentrated short selling so egregious is that the short sellers pretending to be legitimate commercial hedgers are hurting the very participants which should be hedging, the miners. That would likely occur if the price of silver was anywhere near where it should be in true free market conditions. Our regulated commodity futures markets were created and designed for legitimate hedgers to lay off risk through bona fide hedging. Instead, a handful of speculating banks and managed money traders have completely usurped the legitimate hedging function and have taken control of the pricing process. Not only is the price being set artificially by outsiders, the resultant price is most damaging to the market participants that futures trading was intended to benefit.

One of the reasons the matter of concentrated short selling in COMEX silver futures has gone by almost unnoticed all these years and is rarely commented on, even to this day, is because most commentators and observers don’t know how to calculate the concentration data. I believe that’s because it takes a bit of hand-calculating to derive at the concentration statistics. While the data are precise to the exact contract, the COT report doesn’t present the data in contract form, only as a percentage of total open interest; leaving it to the observer to multiply the total open interest by the percentage of concentration given. As I’ve written previously, the percentages given for the net short positions of the 4 and 8 traders are the only numbers that matter.

A reason the concentrated short position in COMEX silver futures may have escaped the notice of the Antitrust Division of the DOJ is because most price-fixing and monopolistic activities it deals with are of the variety that artificially boost prices to the detriment of the consuming public. But the reason that the statue of Lady Justice is blindfolded is because the law shouldn’t distinguish between artificial price-setting of either the higher or lower variety. The efficient functioning of free markets depends on the law of supply and demand not being distorted by artificial pricing of any kind. Any market artificially depressed in price may give users and consumers some advantage in the short term, but the eventual end to the illegal artificiality will lead to much higher prices in the long run.

In fact, it’s quite understandable that the Antitrust Division has not focused on the monopolistic pricing in COMEX silver futures. After all, there was created and exists a specific primary federal regulator, the CFTC, whose main mission is to prevent manipulation. In addition, there exists a designated self-regulating organization (SRO), the CME Group, also charged with the preventing of market manipulation.  Normal protocol would suggest that matters pertaining to allegations of manipulation would be the province of the CFTC and the CME.  If either regulator had fulfilled their prime responsibilities, there would be no need for Antitrust Division intervention. Sadly, that’s not the case.

In any event, it is particularly pernicious when prices are set artificially by participants not involved with or even interested in the actual production or consumption of silver. Speculating banks or managed money traders couldn’t care less about the plight of actual silver producers, consumers or investors – they are just out to make a quick buck off each other in some massive private betting game on the COMEX sanctioned by the CFTC and CME Group. The problem is the private betting game is what sets prices and that “outsiders”, not actual producers and consumers run the game.

The closing of a not insignificant silver mine that has produced for more than half a century and appears capable of producing for another 50 years due to low prices is a timely reminder and confirmation that silver prices are unreasonably depressed. That’s why it is so potentially significant that the Department of Justice has stepped into the matter with an ongoing investigation by its Criminal Division, the FBI and the US Attorneys Division of COMEX precious metals trading. The Antitrust Division has every reason to join in as well.

As if to underscore the matter, yesterday’s release of the still delayed Commitments of Traders (COT) report featured notable increases in the concentrated short positions of the 8 largest traders in both COMEX gold and silver. The increases demonstrate beyond a doubt that concentrated short selling is all that prevents sharply higher prices for both gold and, particularly silver. It’s not just that the reporting week ended Jan 29 featured managed money buying and commercial selling, which was fully expected given the sharp price rallies that took place, but it has become increasingly clear that without concentrated commercial short selling prices would have rallied much more.

As of the close of business Jan 29, the commercials increased their total net short position by 26,500 contracts to 118,600 contracts, as the price of gold traded and closed decisively above $1300 for the first time in ten months, trading as high as $1310 on the cutoff day. Considering that the reporting week’s close was up $110 from the price lows of Nov 13, the overall COMEX gold market structure was still much more bullish than I would have imagined at this stage. But the standout feature of the report was the sharp increase in concentrated short selling.

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