Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

RED ALERT: It's Open Season on All Customer Funds - Ann Barnhardt
Barnhardt.biz ^ | August 10, 2012 | Ann Barnhardt

Posted on 08/11/2012 10:37:16 AM PDT by E. Pluribus Unum

RED ALERT: It's Open Season on All Customer Funds
Posted by Ann Barnhardt - August 10, AD 2012 3:33 PM MST

The NFA in collusion with the banksters, government and judiciary have achieved their goal. The entire concept of "customer segregated funds" is officially, completely, legally dead.

Guys, it is OVER. I know that many of you are still cowering in normalcy bias, unable to deal with reality, unable to face the world as it is, but you have GOT to snap out of it. The marketplace is DESTROYED. You CANNOT be in these markets. All legal protections are now officially gone.

Do you remember how I told you about the Ponzi scheme that imploded in 2007 called "Sentinel Management Group" that stole over $500 million in customer funds? The NFA was the auditing regulator of Sentinel, and the NFA admitted after the Sentinel Ponzi imploded that they signed off on their audits even though the NFA claimed not fully understanding Sentinel's books or accounting methods. In other words, the NFA didn't really audit Sentinel at all - they just PRETENDED to audit them, drew up some forms, had some robosigners sign off, and then just hoped that when the shit hit the fan, everyone in the industry would be so terrified of the NFA that no one would hold the NFA accountable for their criminal malfeasance - or even talk about it.

Sentinel took customer segregated money and fraudulently used it as the collateral on a loan from Bank of New York Mellon for $312 million to fund their own in-house proprietary trading operations. When the Sentinel Ponzi collapsed, BNYM sued to go to the front of the line of creditors - ahead of the customers of Sentinel whose money was fraudulently used as collateral, which has now been "linguistically sanitized" into the word "hypothecated".

The federal appeals court ruled yesterday that not only does BNYM stay at the front of the line, but that using customer segregated funds as collateral is NOT a crime, and that co-mingling customer segregated funds with proprietary funds is NOT fraud.

Here is the Reuters piece.

Read this quote from the ruling, which is, in essence, the entire financial market paradigm being guillotined:

That Sentinel failed to keep client funds properly segregated is not, on its own, sufficient to rule as a matter of law that Sentinel acted ‘with actual intent to hinder, delay, or defraud' its customers.

U.S. Circuit Judge John D. Tinder

What this means is that even if Jon Corzine is somehow dragged into court by private citizens, because you know damn good and well that the Justice Department will never, ever touch him, Corzine now has a legal precedent, likely from a bribed or otherwise coerced Federal Appeals Court, explicitly stating that an FCM can use customer deposits to pay its debts, and that the customers themselves are subjugated and have basically no legal right to their own monies, no matter what the law says, or what legal assurances, claims or guarantees are made to that customer about their funds held with an FCM or any other brokerage or depository institution. The "secured" party at the front of the line will always be the mega-bank who made the fraudulent loan using the stolen customer funds as collateral.

In other words, all customer funds in the United States are now the legal property of JP Morgan, Goldman Sachs, BNYM, or whichever megabank is the counterparty on the loans the FCM or depository institution takes out in order to fund its mega-levered proprietary in-house trading desks.

For the love of God, I don't know what more there could possibly be to say to snap you people out of your normalcy bias trance. You have GOT to get ALL MONIES out of the financial system NOW. This ruling sets precedence for every depository institution, not just futures brokerages. It is now legal in the United States for any financial institution to steal customer funds, borrow money against those funds for the uber-levered proprietary trading use of the financial institution, and the customers have ZERO CLAIM TO THEIR OWN FUNDS once they are in the custody of the financial institution.

The court has ruled that once your money passes out of your PHYSICAL POSSESSION, and I mean PHYSICAL possession, it is no longer yours, and you have no legal claim or legal recourse to it when it is stolen. This includes BANK ACCOUNTS. Money in a bank is in the possession of the BANK, not you. Do you comprehend this? The entire system is utterly devoid of any integrity or genuine security and is breaking down catastophically before our very eyes. You HAVE to comprehend that your money sitting in an account is no longer legally yours. You have to force your brain to process and comprehend this, no matter how incomprehensible it may seem. IT IS OVER. This is Marxist hell. We have arrived.

This ruling and precedent will be used by every brokerage, every bank, every insurance company and every pension fund to deny you your money when the financial system finally collapses, be it on Monday, or be it two years from now.

DO YOU UNDERSTAND?

You have GOT to GET OUT.

And all of this goes straight back to the criminal mafia that is the National Futures Association, and the fact that they have not actually been auditing those firms who were in the "cosa nostra", and allowing Ponzi schemes to operate with full bureaucratic protection for decades. Sentinel. PFG Best. The legal precedent enabling this protection racket and blatant fraud and thievery is fully in force, and what Corzine did at MF Global is now legally PROTECTED.

This is ecomonic treason.

Treason is a capital offense, meaning that the death penalty is fully justified, warranted and on the table, should the day ever come when a Second American Republic is established, and with it the re-establishment of the rule of law and justice in this land.

UPDATE: Yes, the South Park "And . . . It's Gone" clip is now 100% factual. Here it is. It is clean. No dirty language, just the cold, hard reality of our dead civilization.



TOPICS: Conspiracy; Government; Politics
KEYWORDS: kookstuff
Navigation: use the links below to view more comments.
first 1-2021-4041-53 next last

1 posted on 08/11/2012 10:37:24 AM PDT by E. Pluribus Unum
[ Post Reply | Private Reply | View Replies]

To: E. Pluribus Unum

Anne is going Galt.


2 posted on 08/11/2012 10:44:23 AM PDT by houeto (https://secure.freerepublic.com/donate/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum
out freaking rageous, on the face of it. don't know if there is some sanity buried somewhere in the ruling, but if her analysis is correct (and I don't think she's a lawyer) then she's right: the capital markets are dead.

supporting her conclusion is the fact that such an outcome would be perfectly consistent with every other marketplace destroying maneuver of this regime.

3 posted on 08/11/2012 10:45:20 AM PDT by the invisib1e hand (At what point does an escalated effort to remove this traitor commence, and what form does it take?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

All FDIC insured monies are completely protected. Even if the bank ran away with everything.

This article is completely wrong on that count.


4 posted on 08/11/2012 10:45:20 AM PDT by ConservativeMind ("Humane" = "Don't pen up pets or eat meat, but allow infanticide, abortion, and euthanasia.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: ConservativeMind
she knows that, I'm sure.

the article isn't about FDIC money. the NFA regulates futures firms, not banks. the only "bank" angle here is that the futures firm pledged customer funds to a bank as collateral for a loan -- and then defaulted. The outrage is that the court ruled "damn the customers" whose money it was -- the bank is senior creditor.

I suppose in a civil court they could argue to divvy up the bank on behalf of the customers.

5 posted on 08/11/2012 10:48:25 AM PDT by the invisib1e hand (At what point does an escalated effort to remove this traitor commence, and what form does it take?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: E. Pluribus Unum
This was previously posted: http://www.freerepublic.com/focus/news/2917175/posts
6 posted on 08/11/2012 10:48:50 AM PDT by matt1234 (Bring back the HUAC.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Hoping you smart FReepers can help the financially ignorant like me with some good advice.

Wouldn’t I take a major hit cashing out my 401k?

I am lost. And I trust Ann.


7 posted on 08/11/2012 10:50:59 AM PDT by bicyclerepair ( REPLACE D-W-S ! http://www.karenforcongress.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ConservativeMind

This is note what she is talking about, but since you bring it up the only way the FDIC will be able to cover what’s coming is for the FED to print the money. How do you thing that will work out?


8 posted on 08/11/2012 10:51:30 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kartographer
interestingly, though, the ruling is actually bails fdic out of this -- if it sticks.

It's the government vs. the customer.

but then it always has been.

9 posted on 08/11/2012 10:53:22 AM PDT by the invisib1e hand (At what point does an escalated effort to remove this traitor commence, and what form does it take?)
[ Post Reply | Private Reply | To 8 | View Replies]

To: houeto
"Anne is going Galt"

I say she's going Orwell: "In times of universal deceit, telling the truth will be a revolutionary act."
10 posted on 08/11/2012 10:53:34 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
[ Post Reply | Private Reply | To 2 | View Replies]

To: bicyclerepair
On 401ks
Posted by Ann Barnhardt - August 3, AD 2012 7:26 PM MST
401k plan of attack:

1. STOP MAKING CONTRIBUTIONS if you haven't already.

2. Liquidate it. Pay the "penalty". Would you rather pay a penalty or have it all stolen? Or possibly replaced with a "government savings account" comprised of Treasury paper which will probably default or be confiscated long before you are ever allowed to "tap it", and will NOT be able to be passed to your heirs should you croak, but will instead be resorbed back into the collective? Oh, and don't bother whining to me about the "tax consequences". Paying income taxes to this satanic baby-killing Christ-hating government is now, absolutely MORTAL SIN. Why, why, why would you pay taxes?

3. If you can't liquidate it, take out a loan on the balance. Take out the maximum possible loan, and then set up the repayment schedule on the longest possible term.

Now, let's talk about all of you out there who are not permitted by your employer to liquidate your 401k. That decision rests with the PLAN ADMINISTRATOR, who is your employer, be it an individual or a board.

What kind soulless, psychopathic monster would refuse to let their own employees have access to their own money? What POSSIBLE reason could there be for a business owner or a board to refuse to fill out a few forms, sign at a few documents and just let people have their own money?

If your employer will not let you out of your 401k, you need to sit down and think long and hard about who you are working for, and why you are working for them, because they are, by definition, bad people.

Finally, what lesson can we learn from this? How about this: If you don't have access to something, if you cannot take physical possession of it, if all you have is someone telling you that they are taking care of your money, which you cannot touch or have access to - THEN IT ISN'T YOUR MONEY, AND IT NEVER WAS. In short, you have been conned.

If your employer won't let you liquidate your 401k, that means that your employer has CONNED YOU by telling you that they were paying you a wage of X, when in reality it was less than X by the amount of your 401k contribution amount. Go sit down and figure it out. Back out your 401K contributions off the top of your pay as if they never existed. THAT is your actual wage, if your employer refuses to let you out. Would you have ever agreed to work for that wage?

For those of you who come out on the other side of this collapse and war, you must always remember that if an asset is not FULLY liquid and available to you, then it isn't really yours at all, and you have to assume that all such arrangements are nefarious and must be rejected.


11 posted on 08/11/2012 10:55:53 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: ConservativeMind

Don’t count on it.. I may be wrong, but I recall during the 2008 crash the FDIC did not have enough money to cover their guarantee of 100K to all depositors... Then Obama raises it to 250K as if they would be able to meet that!


12 posted on 08/11/2012 10:58:06 AM PDT by DivineMomentsOfTruth ("Give me Liberty or I'll stand up and get it for myself!")
[ Post Reply | Private Reply | To 4 | View Replies]

To: E. Pluribus Unum

EPU: Thank you.


13 posted on 08/11/2012 11:01:47 AM PDT by bicyclerepair ( REPLACE D-W-S ! http://www.karenforcongress.com)
[ Post Reply | Private Reply | To 11 | View Replies]

To: bicyclerepair
The 401k Confiscation: The Ghilarducci Plan Part 1
Posted by Ann Barnhardt - August 4, AD 2012 1:23 PM MST
PREFACE: I originally posted this on May 6, 2010. Just for giggles, I looked up the gold and silver markets on May 6, 2010.

Gold: $1170 per ounce 5/6/2010, $1603 yesterday
Silver: $17.59 per ounce 5/6/2010, $27.78 yesterday

Just sayin'.

Let's start with citations first.

Click Here for Teresa Ghilarducci's EPI Briefing Paper

Copy and paste this URL into your browser for the HumanEvents.com article:

http://www.humanevents.com/article.php?id=36823

Where to begin, where to begin. Well, a long time ago an angel named Lucifer decided that he was going to rebel against God . . .

That might be a little too much back story, but you get the drift. Let's fast]forward to November 20, 2007. The "Economic Policy Institute ] Agenda For Shared Prosperity" (which holds the dubious honor of having the most thoroughly COMMUNIST NAME IN THE HISTORY OF THE UNIVERSE) published its Briefing Paper #204, authored by flaming Marxist Teresa Ghilarducci.

Teresa is a member of the faculty at The New School in New York City, which is a Socialist University. Now, you might say, "Ann, ALL universities in this country could rightly be called "socialist" nowadays". True dat. But the New School makes Berkeley and Columbia look like Oral Roberts University and BYU by comparison. No, the New School is LITERALLY a socialist university. It was originally called the "University in Exile" and was begun by a bunch of Neo]Marxist scholars who were thrown out of fascist Italy and Nazi Germany in the early 1930s. Yeah. Remember my post about how Marxists purge intellectuals? But the other, somewhat humourous angle is that these guys were such extreme Marxists that they made Hitler and Mussolini UNCOMFORTABLE. Wowzer. So, they emigrated to NYC, where they would Fit. Right. In. Dude.

So, Teresa is now a big]wig at the "Too Freaky For Mussolini" (that kinda rhymes) New School. She writes this paper called "GUARANTEED RETIREMENT ACCOUNTS: Toward Retirement Income Security". That's the hotlink above. Nutshell? Federal government siezes all 401(k)s and IRAs and replaces them with US Treasury Bonds. In other words, you would be FORCED to effectively loan all of your retirement accounts to the government, and continue loaning 5% of your income to the regime MANDATORILY. This would now be called a GRA, or Government Retirement Account, administered by the Social Security administration. Your "contributions" to your GRA would be automatically deducted from your paycheck, just like SocSec. Participation would be mandatory, but in the purely voluntary sense of the word, you understand. (I haven't found the muslim exemption yet, but I'm sure they'll write that into the final bill. The government employee exemption is already there on page 17 of Teresa's paper.) You would not be able to tap your contributions under any circumstances. No early withdrawal, no loans. When you die, only a tiny fraction of your GRA balance would go to your heirs, and even then, it would be transferred into THEIR GRA accounts, which they could then not touch until retirement.

But the real point of this can be found on the top]right of page 12 under the header "Why not simply expand Social Security?"

"If subsidies for 401(k)]style plans and IRAs can be reallocated to Guaranteed Retirement Accounts, why not use this money to shore up and expand Social Security? This is certainly an option."

This is an admission that there is no "lock]box" in effect on the GRA money, and it would be a FLIPPING FREE FOR ALL. The 401(k) and IRA assets in the United States are currently pegged at over SIX TRILLION DOLLARS. The Obama regime would instantly "borrow" against that money and burn through it in the blink of an eye in the Ponzi Scheme method of SocSec. It is widely thought that the first group to be bailed out by GRA siezure money would be . . . wait for it, wait for it . . . unions. SEIU is massively underfunded on its retirement obligations. So, yes, the Obama regime would sieze YOUR retirement money and redistribute it to Andy Stern and the kids over at the SEIU to bail their corrupt, lying, cheating, scheming, communist butts out. No wonder Andy Stern is the most frequent visitor to the White House. Well, that is if you don't count Markus, who gets "that really smooth coke from Costa Rica". I'm talking "official" visitors, here.


14 posted on 08/11/2012 11:02:00 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Kartographer

Good one Kart, but actually, she is doing both.


15 posted on 08/11/2012 11:03:25 AM PDT by houeto (https://secure.freerepublic.com/donate/)
[ Post Reply | Private Reply | To 10 | View Replies]

To: bicyclerepair

“Wouldn’t I take a major hit cashing out my 401k?”

Depending on your tax bracket, you would lose about half of it. (38% tax and 10% penalty - plus sales commissions)

“I am lost. And I trust Ann.”

If the end of the world is next week, her advice is sound.
Keep your money where it is.


16 posted on 08/11/2012 11:05:23 AM PDT by KingKongCobra
[ Post Reply | Private Reply | To 7 | View Replies]

To: bicyclerepair
The 401k Confiscation: The Ghilarducci Plan Part 2
Posted by Ann Barnhardt - August 4, AD 2012 1:22 PM MST

Teresa recently was called before Congress to give testimony about her paper and this plan.

Vice President Joe Biden is on record floating this idea as recently as February 2010 in his "Middle Class Report". To be more accurate, Biden was told to "read these words that are written on this card, and if you read them real good, you can have an ice cream sammich!" At the same time, the Obama regime officially requested that the Departments of Labor and Treasury gather information on this scheme. This is all cited in the HumanEvents.com link above.

Finally, House Republican Leader John Boehner sent a letter on Monday night to Secretaries Solis (Department of Labor) and Geithner (Department of Treasury and Department of Needs to be Taken Out Back Behind The Woodshed and Have That Smirk Smacked Off His Lying Punk Face) saying, in essence, "back the (censored) off".

The bill for this is already being written, and TRUST that it isn't being written by anyone ACTUALLY in Congress. No, it is being written by flaming Communist Teresa Ghilarducci and her orcs over at The New School (too Freaky for Mussolini).

The regime, in the spirit of "never letting a good crisis go to waste" will use today's market action and any subsequent European defaults as the crisis]excuse to push this through in the same illegal reconciliation method as they used to push through ObamaCare. Afterall, the mean old stock market is just too risky. Mamma Obama has to protect all of you helpless, stupid economic units ] ahem ] I mean "workers", right?

My advice? Simple. GET YOUR MONEY OUT, OUT, OUT OF 401(K)s and IRAs NOW. Take the penalty. Pay the tax. Whatever. Just get your money home. Because if the regime gets its hands on it, YOU WILL NEVER SEE A SINGLE PENNY OF IT AGAIN. It will be gone forever. I have actually been preaching this for over a year now, but since I have lots of new readers, you need to hear this. I am dead serious when I say that the safest place for your wealth right now is in gold and silver coins buried in a mayonnaise jar in your back yard. DEAD SERIOUS. No joke. No funny]ha]ha. Dead. Serious.

Spread the word.

Here is Teresa Ghilarducci herself explaining her scheme. She starts out claiming this is voluntary and then states at the 14:15 mark that it is mandatory. Remember, these are exactly the same people who said that ObamaCare would drop insurance premiums and that everyone could keep their existing insurance and doctor. These people are evil Marxist liars who will say ANYTHING in order to impose their fascist will. This is what Marxists do. They lie without conscience or hesitation.

If you can't stand to listen to this witch, fast]forward to the 13:50 mark. Listen from 13:50]14:18.

"Obama is not the only entity that is looking at what a retirement reform system should look like in detail. In the last two years, myself and two other academics working alone, we have been working independently ] we are quite, sort of, pleased to find out that we've come to the same conclusion, um, have come to the conclusion that we need a mandatory, um, system."

Epilogue: MF Global, PFG Best, and now the Knight Capital "algo error". One of the reasons that the government is gleefully relishing in the disintegration of the financial markets is because they WANT people to BEG the government to "nationalize" and "guarantee" retirement accounts. They are building a dossier to argue that the markets aren't safe (but remember, the markets have disintegrated BECAUSE of the actions and responsorial inactions of the oligarchs and their bureaucrat cronies). That's what Communists do. This is the Cloward-Piven Strategy in full execution. Intentionally cause the system to collapse, then whip up the "useful idiots" into a frenzy, and finally seize total power AT THE INVITATION OF THE PEOPLE. The Russians BEGGED for Lenin and the Bolsheviks. They DEMANDED tyranny. The Germans BEGGED for the Third Reich and Hitler. They DEMANDED tyranny.

Before it is over here, the people of the United States, monumentally more stupid, godless and most especially HELPLESS, will BEG the government to take over their retirement accounts - to save them from the very market that the government has coordinated with the Bankster Oligarchs to destroy.

Get your money the hell out and USE IT TO PREPARE FOR COLLAPSE AND WAR.


17 posted on 08/11/2012 11:06:31 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: ConservativeMind
All FDIC insured monies are completely protected. Even if the bank ran away with everything. This article is completely wrong on that count.

That is true but when things really hit the fan, it won't help. Just because the FDIC guarantees the deposit doesn't mean it guarantees that you can go down to the bank and withdraw it during a banking crisis. In order to stop a bank run, they will do it, even if the reason citizens want the money is to protect themselves and their own money. I think it is perfectly clear to everyone these last four years that when it comes down to people vs. banks, we know whose side the government is on.

18 posted on 08/11/2012 11:08:09 AM PDT by Vince Ferrer
[ Post Reply | Private Reply | To 4 | View Replies]

To: KingKongCobra
Keep your money where it is.

Like the GM bondholders?

Who were first-in-line, until Ubama decided they weren't, and their money belonged to the UAW?

19 posted on 08/11/2012 11:09:46 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: bicyclerepair
Wouldn’t I take a major hit cashing out my 401k?

I yanked my pension a few months ago. Took a 20% tax hit and a 77% penalty on the rest. The family and friends said I was nuts. I told them that something is better than nothing...

...and rest assured, NOTHING is coming folks.

p.s. I hope to God that I am wrong but things aren't looking too swell.

20 posted on 08/11/2012 11:10:11 AM PDT by houeto (https://secure.freerepublic.com/donate/)
[ Post Reply | Private Reply | To 7 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-53 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson