Showing posts with label GATA. Show all posts
Showing posts with label GATA. Show all posts

Sunday, July 17, 2011

If the fed wants ya, they'll get ya. Period.

This is the guy with PEI that got nailed for financial abuse with his clients. I first found out about him through GATA. Some think he is very much not guilty and is being set up by others within his parent company for a fall. He knew about the Safra killing and the Republic Bank crap. He may not live too long as it is said he knows too much about international economic misdoings. Based on this story it makes you wonder. --------------- Armstrong loses lawyers when they lose fees

By Tony Hagen Trenton, N.J., Times January 22, 2000

NEW YORK -- Criminal defense lawyers for accused bond swindler Martin A. Armstrong of Maple Shade, N.J., yesterday dropped their client over a fee issue.

Richard Altman of Pelletieri, Rabstein, and Altman of Princeton, and Marc Durant of Durant and Durant of Philadelphia, said they could no longer represent the trader because a federal judge had ordered them to surrender $1.2 million in retainers he paid them.

"The fees were ordered returned. That leaves counsel with no ability to properly prepare a defense for the defendant," Altman said yesterday in U.S. District Court in lower Manhattan.

His firm had received $841,000 from Armstrong. He said it had already invested roughly $200,000 in time and expenses on the case.

Durant, who must surrender $390,000, has invested more than $130,000 in time and expenses.

Armstrong has pleaded not guilty to civil and criminal charges that he ran a $1 billion bond swindle from offices at Carnegie Center in West Windsor, N.J., where his companies Princeton Global Management and Princeton Economics International are located.

Armstrong has said he is a scapegoat for offenses committed by others.

Up to 100 Japanese companies were victimized, prosecutors allege. Armstrong's companies are now under control of court-appointed receiver Alan Cohen.

The trader was imprisoned Jan. 14 by U.S. District Judge Richard Owen, who ruled that Armstrong concealed and destroyed corporate assets and documents in contempt of an order to surrender them to Cohen. This week Owen ruled that $1.3 million in legal fees paid to Armstrong's lawyers out of corporate funds must also be turned over to Cohen.

Owen said the lawyers should have been wary of accepting the money because Armstrong was under investigation at the time he signed contracts to pay the lawyers. Much of the money was wired to Armstrong's lawyers in the hours before his arrest on Sept. 13.

"All the law firms were aware of the nature of the government's investigations into Armstrong's business dealings, and therefore, at the very least, in addition to knowing they were not being paid by the client, should have been aware of the possibility that they were being paid with corporate funds obtained by fraud," Owen wrote in his ruling.

Owen's ruling took Altman by surprise yesterday as he learned of it when he arrived in Manhattan for a pretrial conference with prosecutors from the U.S. attorney's office and U.S. District Judge Lawrence McKenna, who is handling Armstrong's criminal trial.

McKenna yesterday assigned a free public defender to Armstrong's defense after Altman and Durant said they would drop the case. The Durant firm was hired by Altman, since the Princeton attorney does not have a license to practice in New York, whereas Durant does.

Altman said he would appeal Owen's ruling on the fees. He told McKenna he would investigate the possibility that Armstrong's friends and business associates might contribute to the trader's legal defense. "There's some possibility of that although that hasn't materialized yet," Altman said.

As part of Owen's order, Armstrong's civil defense lawyer, Martin Unger, was ordered to surrender the $100,000 he was paid as a retainer. Unger could not be reached for comment yesterday.

The trader's lawyers had argued the retainers were rightfully theirs because their contracts were arranged before the Sept. 13 freeze on Armstrong's corporate assets. They contended that as a corporate head Armstrong was entitled to defense funds paid by his corporations.

Armstrong has been imprisoned at the New York Metropolitan Correctional Center after Owen found him in civil contempt of an order to surrender assets belonging to Princeton Global Management and Princeton Economics International. Up to $15 million is still missing, investigators contend.

Yesterday Altman said work is proceeding on drawing up an appeal to have Armstrong released from jail. The trader's lawyers have said he turned over everything in his possession and has no further assets.

In other action yesterday, Altman asked McKenna to help Armstrong gain visitation rights at the jail. He said the trader had been isolated in a cell with a "drug felon" and hadn't been given the papers needed to file for visitor privileges. He said the trader's family had attempted to visit Armstrong on Monday but had been turned away.

"It's pretty sad. He hasn't been convicted of anything yet. We still haven't seen any of the alleged Japanese victims come forward," Altman said.

-END-

-- Scooter (brucej@infoave.net), January 22, 2000

Answers

Glad I am poor and Good..

-- salene (salene814@hotmail.com), January 22, 2000.


The "fed" does not go after innocent people. Never. And I did not have sex with that woman.

-- Bill C. (bill_c@ovaloffice.gov), January 22, 2000.

Marc Durant of Durant and Durant of Philadelphia, said they could no longer represent the trader because a federal judge had ordered them to surrender $1.2 million in retainers he paid them.

COMMENTS:

The "fed" does not go after innocent people. Never. And I did not have sex with that woman. -- Bill C. (bill_c@ovaloffice.gov), January 22, 2000.

[and "poof" there went the towers.... ]

Posted via email from Whistleblower

Saturday, June 18, 2011

Mom and Dad, It's Time To Get Secure || YOU GOT THAT STRAIGHT!

Mom and Dad, It's Time To Get Secure


Wednesday, October 27, 2010



Niko DePofi

916cb4b04f32e307ee2a5c32c8d4f7b7

Dear Mom and Dad...

I know that your computer is almost a foreign language, so I thought I'd put together a decent, basic primer of how to keep your information safe when using a PC.

First things first:

Passwords

Never, ever, use the dogs name. Or the kids name, mother, father, high school, college, favorite NASCAR driver (or the word NASCAR), or anything else that somebody who KNOWS you could guess in less than five minutes. 

Recent demonstrations have shown that there are systems that can break any password (Cracking 14 Character Complex Passwords in 5 seconds,) however most 'bad guys' don't have that kind of access, nor would most home users be facing that level of attack.

So, the basics. Pick something that shouldn't be easily guessed, or is totally random.  Totally random is safer, but harder to remember, and writing the password on a sticky note is a bad idea even in your own home. 

For home users, picking something they can see, even if it's just an oak tree outside the window, can provide quick, easy, difficult to guess passwords with a little modification. 

For example, if you are at your desk, and you can see an oak tree outside your window, to the west of your house, you can use "Oaktreewest" with the following changes: Capitalize a couple of letters, change some vowels to symbols, change some letters to numbers. 

This isn't a cut-and-dried method, though some standardization has fallen into place in the gaming community, such as using a '3' for an 'e,'  a '1' for an 'i' or 'l,'  etc. 

Quickly applying that method, we can end up with 'O@ktR33w35T' without much effort.  The beginning letter, 'r,' and 't' are capitalized, the 'a' converted to an '@,' which is easy to remember, all instanced of 'e' have become '3,' and the 's' was swapped out for a '5,' again, easy to remember.

Also, if you live in a house with other people who you do not want to have administrative rights, set up your screensaver to ask for a password, and set the timer to just a few minutes. 

(Right click in the middle of the desktop and choose 'Personalize' at the bottom, then in the right hand lower corner, choose 'Screensaver.') 

I've seen people who couldn't figure out how Little Bobby, at twelve years old, got his account promoted to Administrator, when all Little Bobby did was sit down when somebody else who had admin rights was logged in, opened his account and promoted himself.

This isn't corporate security level password methodology, but it helps at home.

Security Software

Yes, you need this. Everyone needs security software.  Most brands of PC come with a suite installed, however make sure you check how long the license is when you start the computer, because you need to pay for updates after a certain amount of time. 

Make sure the updates are set to automatic, if you have an always-on connection to your computer, and make certain that the software is set to update when the computer is turned on, or when it will be on every day. 

Yes, every DAY.  Not every week, not every month, every day.  Bad guys are working to get your money, and there are enough of them that the security industry sometimes puts out updates multiple times in one day, so you need to keep up.

Likewise, make certain that the software is set to do a FULL SCAN at least once per week, this means that the anti-virus software will start on schedule and scan everything on your computer.  Mine is set to do a full scan every day. 

Most suites now also have scans for email (use it) phishing websites (use it) tracking cookies, etc. etc. If you don't know what an option is or does, use Google, or sometimes the tool-tip on the item will describe it for you. 

Either way, the more work you present your security software, the better off you are.

Users

Separate users. I know, I know, 'I'm not a computer person! I don't know how to do these complex things!'

It isn't hard at all, in fact, I'll show you how to do this, right now.

On Window's 7, click Start. On the right hand side of the Start menu, roughly four lines up, you'll see 'Control Panel,' click on that. (I say 'roughly' because this can be customized, and some manufacturers may have changed this menu when installing software on your computer.)

When the Control Panel window opens, on the right hand side, you'll see 'User Accounts and Family Security.'  Take a few minutes to look around in there, I'll wait.

Ok, now that you've looked around, you'll notice that, really, there aren't that many things in the folder.  User Accounts, Parental Controls, Windows Cardspace, and Credential Manager. 

In this instance, click on 'Add or Remove User Accounts' to add a new user.  Now you'll see a list of current users, as icons, and directly under that window, 'Create a new account.' 

Click on that, and for everyone who ISN'T in charge of the computer, but who uses it, create a 'Standard User' account.

It's much harder for Standard User's to break your computer. Much, much harder. One industry best practice (that almost nobody I've met follows) is to even make yourself a standard user account, so that YOU have to think about what you're doing before breaking the computer by accident. 

That extra password entry, or changing to the other account, means you'll have had time for the idea to perk through your brain, or perhaps you'll even say 'nah, that's too much effort just to view a bikini video my friend sent me out of the blue.'

Ok, now, for the other users, I'd suggest making them read this, then log into their new accounts and create passwords using this guide, but afterward, come back, I'm not done yet.

Et tu, Email?

Everyone gets hit in the email department eventually. I've gotten hit, my parents, my ex-wife, everyone.  Sometimes it has NOTHING TO DO WITH YOU. 

Somebody else had their system compromised by a piece of malware, and your email was on their address list, so a huge batch of emails is sent out that looks like you sent them.

It happens. Chill. The first thing to do is scan your computer, right then, with your security software.  DO NOT immediately send everybody on your address list an apology, until you are certain your system is clean, you might just be sending the malware to everybody on that list.

Next, find ANOTHER scanner, something like Malwarebytes, or Trend Micro's online free scan, and run THAT, too.  I always use something from a different company that my primary software, just to cover my bases.

After the system is clean, or after you've found what is wrong (if anything), THEN send out a massive group email, with something like "regarding the email you received from this account earlier (reference the email here), DO NOT click on it, delete it immediately."  Hopefully it's not too late.

Email attachments, unless they are from a very trusted source, and something you were either expecting, or recognize, aren't a good idea. 

I've stopped checking out the often funny PowerPoint (ppt) attachments that come my way, mainly out of paranoia, but every bit helps. 

The same applies to links.  Websites (URL's) have become so complex, that companies actually exist to make the link shorter, even though there have been easy ways to make the link embedded for quite some time, using a process like Bit.ly creates a short, unrecognizable link to whatever the sender chose to shorten. 

Like http://bit.ly/do7fWj (If you clicked on that, start from the beginning and read this whole thing again .)

So be suspicious.  A nice rule of thumb is this: if Aunt Mary walked up to you and spewed "http://bit.ly/do7fWj" out loud, you would think something is wrong with her. If you receive an email from her with just that link, hey, something is wrong here.

Other things to beware of: Nigerian Princes, anyone offering to sell any kind of medication, game company emails that include a link to a non-company specific website (one recent one was for us.battle-cata.net for Warcraft, which is NOT the correct website), which is simple to check. 

If you get a strange email that claims to be from Wal-Mart, and the link included is for www.wal-mart.us.com, guess what? Wal Mart doesn't add 'us' to their address.  

The simple way to check this is to open a browser, go to Wal Mart's page on your own, and search for the 'deal' that was emailed to you.  You won't find it, but that's how you check to be certain.

Kids, Cousins, and Creepy Uncle Bill

One of the major reasons for setting up non-administrator accounts for people earlier is that kids and house-guests who are on your computer may have this annoying tendency to install something they have at home on it, download things, do things you wouldn't want them to do, any one of which can be an opportunity for a security issue. 

This way, if the grand kids let their friends on the computer, again, not much they can do.

A few other ways to take care of this are: don't let anyone else on your computer, set up a 'Guest' account with ZERO privileges, keep an old computer that you've replaced because it was so slow Daylight Savings Time occurs before Windows loads just for those pesky guests, or hey, don't let anyone else on your computer.  

I've even had guests break my computer CHAIR, so this is sage advice from one who has been chair-less.

I don't care if they haven't updated Facebook in over ninety seconds, unless there is a legitimate reason to sit at that computer, like Twitter, tell them 'no.'

FaceBook Twittered me to get LinkedIn to MySpace

Regardless of the social network, and there are more social networks every day, keep this in mind:  if you wouldn't put the information on a BILLBOARD overlooking the closest four-lane highway, don't put it on a social network.  Ever. 

In fact, put as little personal information as possible in your profile, you're more than likely using the network to keep in touch with school friends, family, and extended family, so they don't need all of the claptrap, whereas identity thieves LOVE that kind of information.

On Facebook particularly, there are a lot of confusing settings. Get them wrong, and your complaint to an old college football teammate about how you can't wait to retire, your snot-nosed boss keeps wetting his diaper over productivity could be posted on the bulletin board at work the next day. 

Or you could end up with several thousand dollars of fraudulent credit card debt, and somebody running around buying cars with fake ID in your name, with their picture on it.

In this day and age, it's quite difficult to work, play, eat, sleep, and follow your friends without these social networks, just keep in mind that really, it's a PUBLIC forum, not just between friends, and give the programs the minimum resources they need to accomplish what you want.

Speaking of programs, be wary of the fifty thousand 'apps' for Facebook, you don't need them, and Farmville is annoying.

As is Mafia Wars, Vampire Wars, Dragon Wars, Pencil Wars, and Tomato Wars....  I have a standing 'BAN' threat to everyone on my friends list if I get dumped on by these 'requests.'

But... but... but....

"Antivirus software is expensive!!!"  So is straightening out your credit after buying a use Maserati in Atlanta, even though you live in Tampa and have never bought one in your life.  Seriously, security software is a lot cheaper than having your bank account emptied by a thief.

"I can't remember those nasty long passwords!"  Yes, you can.  How many phone numbers, addresses, birthdays, anniversaries, TV show listings, movie quotes, recipes, sports statistics, roads, etc do you remember right now? 

This is much, much simpler than that, which is why I suggested you use the method above.  5liMj1m5 for slimjims isn't that hard to remember.

"We don't keep anything important on the computer."  Yes, you do.  A list of everyone you keep in touch with, do business with, talk to, etc.  Every email address in your email contact list is a potential target, and hey, even though it's easy to prove you didn't scam them, the email CAME from your account. 

Everyone who has a computer, no matter how clean they think it is, has some information on it they do NOT want falling into the hands of a criminal. 

At the very minimum, if you have a computer installed clean, without even your name on it, it could become a zombie for a botnet, and nobody wants to help the bad guys, so yes, you need security software.

"All those user names are a pain in the butt!" They are there for a reason, keeping information separate, and making sure that only appropriate people can make changes.

"I don't have time to keep installing things for the other people!" Another reason for the user names: it makes people think before asking to have something installed, and prevents 'useless' software, which may be harmful software, from being casually installed. 

"I read the other day that no matter what you do, you can still get a virus on your computer!"  Yep, that's right. 

And no matter what you do, how often you wash your hands, use hand sanitizer, even if you wear a surgical mask, you will still get a cold, but that doesn't mean you use public restrooms without washing your hands, right? 

Looking at it another way, if your security software stops 99% of the threats that are floating around, it has the potential to stop millions of threats.

Millions.  Now, if somebody fired a shotgun at you, would you want 99% of the pellets to get stopped, or would you say 'heck, if one of those is going to hit me, let all of 'em hit me...'

The End

This isn't all that can be done.  There may never be a truly comprehensive list of 'what to do to stay safe,' but this is a decent primer. 

We didn't cover basic spam email issues, knowing when to ask to be taken off of an email list or when  not to, because sending a request to the second address is simply confirming that you exist. 

We didn't discuss shredding printouts, bills, etc, as part of privacy containment.  But this is a start...

Posted via email from Whistleblower

Monday, April 18, 2011

$10.3 billion acquisition by HSBC || $3 Billion concealed "offshore" || Wall Street Journal

                  September 14, 1999
 
 
 

                   Widely Quoted Forecaster Is Arrested
                   In Scandal Involving Japanese Investors

                   By JATHON SAPSFORD and FRANCES A. MCMORRIS
                   Staff Reporters of THE WALL STREET JOURNAL

                   NEW YORK -- Martin A. Armstrong, the director of Princeton
                   Economics International Ltd., an investment-advisory firm that has
                   allegedly lost as much as $950 million in Japanese corporate investment
                   money, was arrested and charged with securities fraud in New York.

                                        Mr. Armstrong is a 49-year-old market
                                        forecaster in New Jersey who has been widely
                                        quoted about commodities and other
                                        investments and has long been one of the most
                                        active silver traders on the New York
                                        Mercantile Exchange's Comex division. He
                                        was also the subject of a separate civil
                                        complaint filed Monday following an
                   investigation by the U.S. Securities and Exchange Commission and
                   Commodity Futures Trading Commission.

                   Authorities are still trying to figure out what happened to a fund that held
                   roughly $1 billion in investments by Japanese corporations. So far, they
                   can account for only $46 million. They fear the rest, or at least a big chunk
                   of it, may have been lost in trading. In the criminal complaint filed in U.S.
                   District Court in Manhattan, prosecutors allege Mr. Armstrong took the
                   proceeds from client accounts and channeled the money to other accounts
                   to cover up losses.

                   Mr. Armstrong, who was released on bond of $5 million, couldn't be
                   reached to comment. His attorney, Marc Durant, said Monday night that
                   his client "vigorously disputes the allegations and maintains his innocence."
                   Mr. Durant, of the Philadelphia law firm Durant & Durant, added that his
                   client "very strongly believes he is being made a scapegoat for honest and
                   noncriminal trading losses. He definitely intends to fight this."

                   Mary Jo White, the U.S. attorney in Manhattan, said that Mr. Armstrong
                   "orchestrated a massive securities fraud." Mr. Armstrong allegedly used
                   "offshore entities to sell $3 billion in securities to Japanese investors, of
                   which a large portion were sold even while he concealed the fact that he
                   had suffered hundreds of millions of dollars in trading losses."

                   Mr. Armstrong controls both Princeton Economics International, a
                   Princeton, N.J., market-forecasting firm with no relation to the Ivy League
                   university, and Cresvale International Ltd., an international brokerage firm
                   that was punished by Japanese authorities last week for alleged misuse of
                   investor funds. Cresvale has been aggressively marketing investment
                   vehicles in Tokyo that carry the Princeton name and are controlled by Mr.
                   Armstrong.

                   The scandal also involves Republic New York Corp., a New York bank
                   whose securities unit served as custodian for the securities that Cresvale
                   was selling to Japanese investors. Republic, which hasn't been accused of
                   wrongdoing, had earlier suspended two employees who managed the
                   securities subsidiary. The bank has declined to comment. In Tokyo
                   yesterday, several midsize Japanese corporations said they would write off
                   their investments in financial products sold by Cresvale.

                   Mr. Armstrong induced Japanese investors to buy notes based on false
                   information, the criminal complaint said. Even though Mr. Armstrong had
                   been losing money for nearly two years, he "caused an officer" at Republic
                   New York's securities unit "to issue false confirmation letters" that implied
                   his activities were generating profits for investors, the complaint said. Mr.
                   Armstrong then used those documents to sell more funds in Japan, it said.

                   Japan's Financial Supervisory Agency, the country's chief financial
                   regulator, said that Japanese investors are supposed to have about $1.08
                   billion invested with Princeton -- all of it collected through privately placed
                   instruments sold by Cresvale. The agency last week suspended Cresvale
                   from selling financial products offered by Princeton in Japan. The products
                   were fixed-rate and variable-rate notes sold to private investors in
                   exchange for funds that were placed in the custody of Republic New York
                   Securities and managed by Princeton.

                   Investors have recently sold off shares in Republic New York on fears the
                   investigation into the bank's securities unit might hamper Republic's planned
                   $10.3 billion acquisition by HSBC Holdings PLC of Britain. Monday,
                   Republic shares, which had traded at a 52-week high of $71.25 as
                   recently as Aug. 25, fell $2.9375 to $60 in composite trading Monday on
                   the New York Stock Exchange. But banking-industry analysts have said
                   investor reaction may be overblown. HSBC has said that while it still
                   intends to complete the acquisition, the deal may be delayed because of
                   the affair with Cresvale.

                   Despite his active silver trading, it is difficult to tell exactly how much of
                   Comex's silver stockpiles Mr. Armstrong controls. What is clear is that he
                   also had strong views about gold. In recent weeks Mr. Armstrong's
                   predictions for gold had become exceedingly bearish.

                   However, Comex gold prices -- though in a sharp downtrend in recent
                   years -- are essentially unchanged compared with a year ago and actually
                   have risen modestly lately. Since the beginning of August, prices have
                   advanced $1 an ounce to $257.20. "My guess is that his silver strategy
                   would have been following his gold strategy, which was extremely bearish,"
                   one New York metals analyst said.

                   In convicted of the federal charges, Mr. Armstrong faces as many as 10
                   years in prison and a fine of twice the value of the alleged losses,
                   prosecutors said.

                   -- Peter A. McKay contributed to this article

 

http://cyber.law.harvard.edu/rfi/press/princeton.htm

Posted via email from Whistleblower

Wednesday, November 10, 2010

WHISTLEBLOWER! #oops New ETFs Offer a Basket of Precious Metals, Including Gold, Silver, Platinum DailyFinance

@Marc Durant hmmm... me seems to recall you had a case about this? How is Martin Armstrong since you dopped the case. Still in jail on contempt? Did they ever find the missing money. Not the millions frozen by Judge owen in a TRO. Funny how that works. Like you always said, it is not how well you know the law, it is how well you know the judge. WTG, Dad! Send my love to the boys. #CFTC #GATA #whistleblower $950 Million could by a lot of freedom or a lot of silence.

http://www.dailyfinance.com/story/new-etfs-enable-investment-in-a-bundle-of-p...

Posted via email from ElyssaD's Posterous

Monday, August 16, 2010

ASHES TO ASHES; DUST TO DUST: INHERIT THE WIND #COINTELPRO #NWO #WIKILEAKS #OOPS

ABSCAM, MILKEN, DREXEL, FDA, RICO, FIVE SQUAD, CYBERCRIMES, MADOFF, ARMSTRONG... COINTELPRO, CFTC, GATA, WIKILEAKS, or you could shoot me now.... on camera

http://www.philly.com/philly/news/93137669.html

I ALREADY WALK IN THE SHADOW OF THE DEATH...

OH YEAH.... AND PS.. FUCK YOU RIGHT BACK....

Posted via email from ElyssaD's Posterous

Tuesday, June 29, 2010

Treasury claims power to seize gold, silver & everything else @firetown @rockingjude @anarchisms

Treasury claims power to seize gold, silver -- and everything else

Section:

2:30p ET Friday, June 25, 2010

Dear Friend of GATA and Gold:

Because of recent inquiries to GATA about the possibility of an attempt by the U.S. Government to confiscate privately held gold and silver bullion and coins and shares in companies mining the precious metals, we're republishing here the correspondence between GATA and the U.S. Treasury Department on the subject in 2005.

The Treasury Department was surprisingly candid in that correspondence, asserting the U.S. Government's authority, in declared emergencies, to confiscate precious metals and to restrict ownership of mining shares -- and to confiscate and restrict every other financial asset as well. So perhaps precious metals investors shouldn't feel too paranoid.

... Dispatch continues below ...



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Confiscation has never seemed to GATA to be a serious or imminent threat. While the U.S. Government in 1933 did demand the exchange of circulating government-issued coins for paper money (proceeding to devalue the paper money after the gold was surrendered), that gold then was a huge part of the country's money supply, and amid the national economic collapse at that time the government could make a plausible complaint against "hoarding." There are no such circumstances today, gold no longer being in general circulation as currency. (Yes, we're working on that.)

But of course lately the arrogance and imperiousness of the U.S. government have far exceeded even the paranoia of precous metals investors. Certainly capital controls may be imposed in the United States in the next currency crisis, and it's not far from capital controls to even more brutal interventions in the economy. GATA is not an investment adviser, but if we were, we might suggest that you accumulate all the gold and silver you can and then find a safe planet to keep it on. (And when you do, please let us know what it is.)

GATA's correspondence with the Treasury Department on the subject of confiscation is appended, along with the preface that appeared with the correspondence when it first was published.

CHRIS POWELL, Secretary/Treasurer
Gold Anti-Trust Action Committee Inc.

* * *

12:11p ET Saturday, August 20, 2005

Dear Friend of GATA and Gold:

The U.S. Government has the authority to prohibit the private possession of gold and silver coin and bullion by U.S. citizens during wartime, and, during wartime and declared emergencies, to freeze their ownership of shares of mining companies, the Treasury Department has told the Gold Anti-Trust Action Committee.

But gold and silver advocates shouldn't feel too picked on. For the U.S. Government claims the authority in declared emergencies to seize or freeze just about everything else that might be considered a financial instrument.

The Treasury Department's assertions came in a letter dated August 12 and written by Sean M. Thornton, chief counsel for the department's Office of Foreign Assets Control, who replied to questions GATA posed to the department in January. It took GATA six months and a little prodding to get answers from the Treasury, but the Treasury's reply, when it came, was remarkably comprehensive and candid.

The government's authority to interfere with the ownership of gold, silver, and mining shares arises, Thornton wrote, from the Trading With the Enemy Act, which became law in 1917 during World War I and applies during declared wars, and from 1977's International Emergency Economic Powers Act, which can be applied without declared wars.

While the Trading With the Enemy Act authorizes the government to interfere with the ownership of gold and silver particularly, it also applies to all forms of currency and all securities. So the Treasury official stressed that it could be applied not just to shares of gold and silver mining companies but to the shares of all companies in which there is a foreign ownership interest. Further, there is no requirement in the law that the targets of the government's interference must have some connection to the declared enemies of the United States, or, really, some connection to foreign ownership. Anything that can be construed as a financial instrument, no matter how innocently it has been used, is subject to seizure under the Trading With the Enemy Act and the International Emergency Economic Powers Act.

Having just gone through a controversy about a Supreme Court decision about government's power of eminent domain, most Americans may be surprised to learn that the Trading With the Enemy Act and the International Emergency Economic Powers Act could expropriate them instantly and far more broadly without any of the due process extended to parties in eminent domain cases. All that is needed is a presidential proclamation of an emergency of some kind -- and of course Americans lately have been living in a state of perpetual emergency.

When the Trading With the Enemy Act was passed in 1917, gold and silver formed part of the official currency of the United States and were essential to ordinary commerce, so perhaps an argument could be made then against "hoarding," even if "hoarding" could not be well defined. That is no longer the case; the United States has officially disavowed gold and silver as money and they no longer have a meaningful role in commerce. (GATA is working on that.) So gold and silver investors may want to ask their members of Congress to seek repeal of the statutes that give the government the authority to interfere with the private ownership of gold and silver, emergencies or not.

And ordinary citizens with no particular interest in gold and silver may want to ask their members of Congress to reconsider these statutes simply for being wildly tyrannical.

GATA's correspondence with the Treasury Department is appended.

CHRIS POWELL, Secretary/Treasurer
Gold Anti-Trust Action Committee Inc.

* * *

January 20, 2005

Roberta K. McInerney
Assistant General Counsel / Banking and Finance
Department of the Treasury
Washington, D.C. 20220

Dear Ms. Mclnerney:

Michael Kirk of U.S. Rep. John B. Larson's office has forwarded to me your letter to him of December 17, which answered my e-mailed inquiry to him about forcible redemption by the Treasury Department of gold and silver coins held by private citizens. You replied that a statute empowering the Treasury Department to do that, 12 U.S.C. Section 248(n), had been repealed.

But since reading your letter I have learned of a similar statute: Title 12. Chapter 2, Subchapter IV, Section 95a, which provides in part:

"During the time of war, the president may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise -- (A) investigate, regulate, or prohibit any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities. ..."

Section 95a further authorizes the president to "prevent" the "use" by U.S. citizens of "any property in which a foreign country or a national thereof has any interest."

These provisions are of the greatest concern to investors in gold and silver bullion, coins, and shares of gold and silver mining companies, and to those companies themselves. So the Gold Anti-Trust Action Committee urgently requests that the Treasury Department explain how it construes these provisions. Particularly, we'd like to know:

* How does the Treasury Department construe "the time of war"? How can gold and silver investors know when the powers described in Section 95a are in operation or likely to come into operation? Are formal declarations of war by Congress required here, or lesser declarations, or none at all, but rather declarations made only by the president?

* How does the Treasury Department construe "hoarding"? Does it include the ordinary collection of gold and silver coins, numismatic or not, and bullion by U.S. citizens, businesses, and corporations, absent any collaboration with enemies of the United States?

* Does the Treasury Department construe Section 95a to empower the president to interfere with the ownership of shares in gold and silver mining companies merely because shares of such companies also might be owned by foreign nationals or foreign governments, at war with the United States or not? Under what circumstances would the president be so empowered?

In essence, we need to know whether Section 95a contemplates the instant destruction of gold and silver investors and the precious metals mining industry in the United States. So the Gold Anti-Trust Action Committee asks the Treasury Department for a meeting with the officials who might become responsible for implementing Section 95a, at which we might discuss the concerns of precious metals investors and mining companies. Would you kindly forward our request to the appropriate people?

Thanks for your help.

CHRIS POWELL, Secretary/Treasurer
Gold Anti-Trust Action Committee Inc.

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February 28, 2005

Mr. Chris Powell
Gold Anti-Trust Action Committee Inc.
Manchester, Connecticut

Dear Mr. Powell:

Thank you for your follow up letter dated January 20, 2005, requesting information about how the Treasury Department interprets aspects of Title 12, Section 95a, of the U.S. Code.

Most of the questions you raise fall within the jurisdiction of Treasury's Office of Foreign Assets Control (OFAC). Consequently, I wanted to let you know that I have forwarded your letter to OFAC's Office of the Chief Counsel for a response. The chief counsel's office will ensure that you receive a response to your letter.

If you have questions about the status of your request, please call Mark Monborne, OFAC's acting chief counsel.

Thank you for taking the time to write.

Sincerely,

Roberta K. McInerney
Assistant General Counsel (Banking and Finance)
U.S. Department of the Treasury
Washington, D.C. 20220

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August 12, 2005

Mr. Chris Powell
Gold Anti-Trust Action Committee Inc.
Manchester, Connecticut

Dear Mr. Powell:

Your letters to Roberta McInerney, assistant general counsel (banking and finance), dated January 20 and July 17, 2005, have been forwarded to me for response. I recently became the chief counsel (foreign assets control).

The U.S. Code provision that you reference, 12 U.S.C. Sec. 95a, is a duplicate codification of Section 5 of the Trading with the Enemy Act of 1917, 50 U.S.C. App. Secs. 1-44 ("TWEA"), with respect to which my office bears responsibility for interpreting.

As you may be aware, Congress enacted TWEA during World War I to prevent certain transactions that might be of advantage to an enemy during wartime. During World War II the Treasury Department implemented extensive punitive blockings of Axis assets and protective blockings of Allied assets.

In 1950 the United States imposed economic sanctions against the People's Republic of China as a result of the Korean emergency to prevent, among other things, Chinese acquisition of foreign exchange through transactions with Americans. The Department of the Treasury's Office of Foreign Assets Control ("OFAC") began enforcing foreign asset control programs in the 1950s. Today the only economic sanctions programs administered by OFAC under TWEA are with respect to Cuba, North Korea, and certain third-country transfers of sensitive materials.

You have asked how the Treasury Department construes the term "the time of war," which appears in section 5 (b) (1) of TWEA. Although TWEA does not include a definition of the term "during the time of war," it does include definitions for the terms "the beginning of the war" and "end of the war." The words "the beginning of the war" are deemed to mean "midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war." The words "end of the war" are deemed to mean "the date of proclamation of exchange of ratifications of the treaty of peace, unless the president shall, by proclamation, declare a prior date."

Thus the phrase "during the time of war" would seem to cover the period between "the beginning of the war" and the "end of the war."

Since this period cannot come into existence without some form of congressional declaration, it would appear that TWEA -- with the exception of its present applicability to the Cuba, North Korea, and transaction control programs referenced above* -- applies only to situations involving a declared state of war. In exercising any of the specific powers available to him under TWEA during the time of war, the president would issue an executive order or other similar instrument generally made available through publication in the Federal Register.

(* -- From the early 1930s until 1977, when the International Emergency Economic Powers Act was enacted, TWEA applied not only in times of war but also in situations in which the president declared a peacetime national emergency. Pre-existing emergencies declared with respect to Cuba and North Korea and certain transaction controls were grandfathered, which explains why TWEA still serves as the basis for those sanctions programs, even though the United States is presently not in a state of war with respect to any of the affected countries.)

The construction of the term "hoarding," as used in section 5(b)(1) of TWEA, would depend on how the president chooses to exercise his authority with respect to hoarding in any particular instance.

In making any decisions under the authorities conferred by TWEA, the president would, of course, be taking steps to address threats to our national security during a time of war. In the past, the president has used TWEA or TWEA-like authorities to criminalize hoarding. See generally Bauer v. United States, 244 F.2d 794 (9th Cir. 1957). Today, however, such activity is not restricted under the only sanctions programs in effect pursuant to TWEA -- i.e., the Cuba, North Korea, and transactions-control programs.

If, during a time of war, the president expressly chose to restrict the hoarding of gold or silver, he could do so.

Among the many factors the president would likely consider before taking such action, however, is the fact that the U.S. Government now mints and issues gold and silver coins to meet public demand for both numismatic and investment purposes.

(See 31 U.S.C. § 5112(a)(7)-(10) & (e)-(i).)

You also have asked about the president's ability to "interfere with the ownership of shares in gold and silver mining companies merely because shares of such companies also might be owned by foreign nationals or foreign governments, at war with the United States or not."

Under TWEA during times of war -- and also under the International Emergency Economic Powers Act, 50 U.S.C. Secs. 1701-05 ("IEEPA") during peacetime national emergencies -- the president has broad powers to regulate property in which there exists a foreign interest. See TWEA § 5(b)(1)(B); IEEPA Secs. 1702 (a) (1) (B).

Consequently, the president may restrict shares in any company owned by foreign persons consistent with the purposes of any declared emergency.

In this respect, foreign-owned shares in gold and silver mining companies are no different from foreign-owned shares in companies in any other industry.

Finally, you raise concerns about the "instant destruction of gold and silver investors and the precious metals mining industry in the United States." In the establishment and implementation of sanctions, the U.S. Government is always mindful of the domestic impact of restrictions meant to serve national security and foreign policy purposes. Just as the U.S. Government has been mindful of the practical impact that sanctions have on various service and manufacturing industries, it would also be mindful of the potential impact of sanctions with respect to the markets and industries associated with precious metals.

I hope you find this letter instructive. Thank you for your interest. If I can be of any further assistance, please call me.

Sincerely,

Sean M. Thornton
Chief Counsel (Foreign Assets Control)
U.S. Department of the Treasury
Washington, D.C. 20220

* * *

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Prophecy to Become Coal Producer This Year with 1.5 Billion

Prophecy Resource Corp. (TSX.V: PCY) announced on May 11 that it has entered into a mine services agreement with Leighton Asia Ltd. to begin coal production this year. Production will begin with a 250,000-tonne starter pit as planned in August, with production advancing to 2 million tonnes per year in 2011. Prophecy is fully funded to production and its management team includes John Morganti, Arnold Armstrong, and Rob McEwen.

For Prophecy's complete press release about its production plans, please visit:

http://bit.ly/aJCQrO

--------------------------------------------------------------------------------

Posted via email from ElyssaD's Posterous

Sunday, June 27, 2010

If the fed wants ya, they'll get ya. Period. #CFTC #GATA #Wikileaks

This is the guy with PEI that got nailed for financial abuse with his clients. I first found out about him through GATA. Some think he is very much not guilty and is being set up by others within his parent company for a fall. He knew about the Safra killing and the Republic Bank crap. He may not live too long as it is said he knows too much about international economic misdoings. Based on this story it makes you wonder. --------------- Armstrong loses lawyers when they lose fees

By Tony Hagen Trenton, N.J., Times January 22, 2000

NEW YORK -- Criminal defense lawyers for accused bond swindler Martin A. Armstrong of Maple Shade, N.J., yesterday dropped their client over a fee issue.

Richard Altman of Pelletieri, Rabstein, and Altman of Princeton, and Marc Durant of Durant and Durant of Philadelphia, said they could no longer represent the trader because a federal judge had ordered them to surrender $1.2 million in retainers he paid them.

"The fees were ordered returned. That leaves counsel with no ability to properly prepare a defense for the defendant," Altman said yesterday in U.S. District Court in lower Manhattan.

His firm had received $841,000 from Armstrong. He said it had already invested roughly $200,000 in time and expenses on the case.

Durant, who must surrender $390,000, has invested more than $130,000 in time and expenses.

Armstrong has pleaded not guilty to civil and criminal charges that he ran a $1 billion bond swindle from offices at Carnegie Center in West Windsor, N.J., where his companies Princeton Global Management and Princeton Economics International are located.

Armstrong has said he is a scapegoat for offenses committed by others.

Up to 100 Japanese companies were victimized, prosecutors allege. Armstrong's companies are now under control of court-appointed receiver Alan Cohen.

The trader was imprisoned Jan. 14 by U.S. District Judge Richard Owen, who ruled that Armstrong concealed and destroyed corporate assets and documents in contempt of an order to surrender them to Cohen. This week Owen ruled that $1.3 million in legal fees paid to Armstrong's lawyers out of corporate funds must also be turned over to Cohen.

Owen said the lawyers should have been wary of accepting the money because Armstrong was under investigation at the time he signed contracts to pay the lawyers. Much of the money was wired to Armstrong's lawyers in the hours before his arrest on Sept. 13.

"All the law firms were aware of the nature of the government's investigations into Armstrong's business dealings, and therefore, at the very least, in addition to knowing they were not being paid by the client, should have been aware of the possibility that they were being paid with corporate funds obtained by fraud," Owen wrote in his ruling.

Owen's ruling took Altman by surprise yesterday as he learned of it when he arrived in Manhattan for a pretrial conference with prosecutors from the U.S. attorney's office and U.S. District Judge Lawrence McKenna, who is handling Armstrong's criminal trial.

McKenna yesterday assigned a free public defender to Armstrong's defense after Altman and Durant said they would drop the case. The Durant firm was hired by Altman, since the Princeton attorney does not have a license to practice in New York, whereas Durant does.

Altman said he would appeal Owen's ruling on the fees. He told McKenna he would investigate the possibility that Armstrong's friends and business associates might contribute to the trader's legal defense. "There's some possibility of that although that hasn't materialized yet," Altman said.

As part of Owen's order, Armstrong's civil defense lawyer, Martin Unger, was ordered to surrender the $100,000 he was paid as a retainer. Unger could not be reached for comment yesterday.

The trader's lawyers had argued the retainers were rightfully theirs because their contracts were arranged before the Sept. 13 freeze on Armstrong's corporate assets. They contended that as a corporate head Armstrong was entitled to defense funds paid by his corporations.

Armstrong has been imprisoned at the New York Metropolitan Correctional Center after Owen found him in civil contempt of an order to surrender assets belonging to Princeton Global Management and Princeton Economics International. Up to $15 million is still missing, investigators contend.

Yesterday Altman said work is proceeding on drawing up an appeal to have Armstrong released from jail. The trader's lawyers have said he turned over everything in his possession and has no further assets.

In other action yesterday, Altman asked McKenna to help Armstrong gain visitation rights at the jail. He said the trader had been isolated in a cell with a "drug felon" and hadn't been given the papers needed to file for visitor privileges. He said the trader's family had attempted to visit Armstrong on Monday but had been turned away.

"It's pretty sad. He hasn't been convicted of anything yet. We still haven't seen any of the alleged Japanese victims come forward," Altman said.

-END-

-- Scooter (brucej@infoave.net), January 22, 2000

Answers

Glad I am poor and Good..

-- salene (salene814@hotmail.com), January 22, 2000.


The "fed" does not go after innocent people. Never. And I did not have sex with that woman.

-- Bill C. (bill_c@ovaloffice.gov), January 22, 2000.

Marc Durant of Durant and Durant of Philadelphia, said they could no longer represent the trader because a federal judge had ordered them to surrender $1.2 million in retainers he paid them.

COMMENTS:

The "fed" does not go after innocent people. Never. And I did not have sex with that woman. -- Bill C. (bill_c@ovaloffice.gov), January 22, 2000.

[and "poof" there went the towers.... ]

Posted via email from ElyssaD's Posterous