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RED ALERT: It's Open Season on All Customer Funds
Barnhardt.bix ^ | 8-10-12 | Ann Barnhardt

Posted on 08/10/2012 11:13:07 PM PDT by STARWISE

The NFA is 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.


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.

(video at link)

TOPICS: Business/Economy; Crime/Corruption; Front Page News
KEYWORDS: 2012; 401k; annbarnhardt; barnhardt; brokerageaccounts; cominglingfunds; corruption; derivatives; fraud; goldmansachs; knightcapital; markets; nationalfuturesassoc; perefrine; peregrine; sentinelfund; theft
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To: Varsity Flight

so when she says get out, what exactly does she mean? Pull it out in cash and bury it in the backyard? Liquidate your 401 k and pay the tax she says, and then what? Buy a farm? Buy a herd of cattle? What? Keep it in pennies in the garage? Buy cars? What?

21 posted on 08/11/2012 12:11:30 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Waryone

Bigger mattress means deeper sheets you know....gotta camo the cash

22 posted on 08/11/2012 12:14:39 AM PDT by tinamina
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To: yldstrk

Good question.

First of all—buy what you want and need now because you cannot count on money you saved and invested being available when you want or need it.

If you live in the city buy that second house in the country.

If you have an expensive hobby indulge yourself—you only live once.

If you want to give money to your heirs or loved ones do it now.

Do not trust any investment advisor—if you lose they are not liable for your losses so f^%& them!

23 posted on 08/11/2012 1:21:45 AM PDT by cgbg (No bailouts for New York and California. Let them eat debt.)
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To: blam; Chunga85; Neidermeyer; All

There’s a handful of us Freepers who have been saying this for years now; that the ‘bankster’ and there brought and paid for lackeys in government have completely rigged the system and we have been called names worse than those used on Obama.

These Financial entities are allowed to run multi-million dollar scams and yet when caught NO ONE goes to jail and at worse they pay pennies on the dollars they stole.

I’ve caught flak before and as I said I’ve have been call a communist and worse for saying this, but the corner three card Monte dealer is more honest than most of the ‘Too Big to Fail’ banks and investment houses. And face it the Monte dealer who ‘scams’ a few hundred is a thousand times more likely to go to jail that the ‘banksters’ that are stealing millions.

24 posted on 08/11/2012 1:58:32 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: All

Here’s a good read:

25 posted on 08/11/2012 2:08:39 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: yldstrk

Liquidate your 401K, buy Gold and Silver and stand over them with an automatic weapon.

Whatever other forms of wealth you have - bring them onto your property, under your direct oversight.

For instance: if you are a farmer, build on-farm storage for your crop. Don’t entrust it to a 3rd party. Grain elevator companies can be as honest as the day, but they can be wiped out by these acts of legalised theft Miss Barnhardt is talking about. In such a situation JPM would get your assets.

26 posted on 08/11/2012 3:44:44 AM PDT by agere_contra (Vote ABO. Don't choose the Greater Evil and then boast about how principled you are)
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I don’t believe this woman is characterizing the result of this matter properly. What the court said is this - Mellon has a right to the collateral Sentinel put for the loan. Sentinel’s crime is all the greater because they put up collateral that wasn’t really theirs. It’s Sentinel’s problem not Mellon’s. And Corzine is as culpable as Sentinel.

Think of it this way. You steal an auto and the title to an auto that’s not really yours and there are no liens. You sell the car and give the title to a third party. Is the third party purchaser going to lose when all comes out? Not if it was a commercial sale, of course he loses if its a sham sale. You remain liable for your crime against the original owner. Mellon sits in the same seat as the person who bought the car. Commerce can figure this one out just as they once figured out how to keep land swindlers form selling the same property two and three times.

27 posted on 08/11/2012 4:09:26 AM PDT by major-pelham
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To: major-pelham

I had always thought that if I received stolen property unknowingly that it reverted to the rightful owner when and if the truth came out and that it was tough luck for me. I suppose I could sue the thief for my loss, but the original property owner had first claim.

28 posted on 08/11/2012 4:48:22 AM PDT by Stirner
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OK I know I am in need of some coffee but can you explain what this means and how it effects regular people like me........Sorry, my mind is just not taking this in today

29 posted on 08/11/2012 4:53:07 AM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: major-pelham

That does not work. Whoever bought the hot car gets nothing. Money is gone and car goes back to original owner.

It was the bankers responsbility to due their due diligence and make sure the money is not stolen or improperly obtained. Otherwise money laungering would be simpler then it is.

Anns right.

30 posted on 08/11/2012 5:05:27 AM PDT by winodog
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31 posted on 08/11/2012 5:30:41 AM PDT by ImNotLying (Politicians and diapers should be changed often and for the same reason!)
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How am I supposed to sleep tonight?

32 posted on 08/11/2012 5:44:06 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: agere_contra

isn’t there a record of gold and silver purchases?

33 posted on 08/11/2012 5:46:03 AM PDT by yldstrk (My heroes have always been cowboys)
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Eventually the government MUST come for our savings. Once our debt bomb explodes, the only REAL money left in this country is in private savings (banks, 401k’s, pensions). They will take this money and replace it IOUs.

Why am I so sure - because the ONLY other option that can resolve this problem is to turn Social Security into a welfare program, and the geezers won’t allow that for a second.

There really is no other ending.

34 posted on 08/11/2012 5:59:18 AM PDT by BobL (Cruz'd to Victory - July 31, 2012)
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35 posted on 08/11/2012 6:10:06 AM PDT by vetvetdoug
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To: agere_contra
Gold and silver can be stolen, of course, but a bigger problem is: who will have the cash to buy your gold and silver after everyone has been cleaned out?
In the (most-recent) Argentina collapse, the correct play was to have junk (i.e., jewelry) gold -- you couldn't get more than the value of an equal amount of 14K gold, even if it was 99.99 fine.
36 posted on 08/11/2012 6:27:24 AM PDT by expat2
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To: Stirner

Not necessarily true. You could reach the status of a bonafide purchaser, subject to a few conditions.

37 posted on 08/11/2012 6:30:55 AM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: steve86

Her histrionic, choppy, profane style of writing is just awful...worse than nails on a blackboard. Give me a well-reasoned and coherently structured article and I’ll trust it a lot more.

38 posted on 08/11/2012 6:50:55 AM PDT by ProtectOurFreedom
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What about the FDIC insurance? One would still be protected by that.

39 posted on 08/11/2012 7:41:19 AM PDT by Freedom of Speech Wins
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Ugh! Puppy sitting two reactive maltese dogs for a client...I didn’t get to sleep last night.

I heard something last night though that sort of rattled around in the old sleepy noggin’ of mine.

It was a newscast about the top 5 banks were/are required to provide the government with a collapse plan...and how the government can’t insure or doesn’t have the ability to back the top 5 banks. It didn’t surprise me, but it sort of rollsover with this blurb you posted...that it is not our money if it is not in our hands. it is:
Exclusive: U.S. banks told to make plans for preventing collapse

U.S. regulators directed five of the country’s biggest banks, including Bank of America Corp and Goldman Sachs Group Inc, to develop plans for staving off collapse if they faced serious problems, emphasizing that the banks could not count on government help.

The two-year-old program, which has been largely secret until now, is in addition to the “living wills” the banks crafted to help regulators dismantle them if they actually do fail. It shows how hard regulators are working to ensure that banks have plans for worst-case scenarios and can act rationally in times of distress.

40 posted on 08/11/2012 8:17:06 AM PDT by EBH (Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
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