Watch Your Cash: New BAIL-IN Rules Will Force “Failed Bank Losses on Investors”
June 18th, 2013
Read by 6,042 people
When the Cypriot government forced account holders to cover bank losses earlier this year most of the world assumed this was a one-off event, limited only to the people of Cyprus.
Though warnings urging depositors to get their money out of banks spread across the world, few have taken them seriously.
Perhaps now they’ll reconsider.
We’re all familiar with bail-outs, as in the government rescuing failed institutions, namely banks, by injecting them with tens of billions of dollars to prevent collapse.
But have you ever heard of a bail-in?
Japan’s Financial Services Agency will enact new rules that will forced failed bank losses on investors, if needed, via a mechanism known as a “bail-in,” according to The Nikkei. Mitsubishi UFJ (MTU), Mizuho Financial (MFG) and Sumitomo Mitsui (SMFG) are among those proposing amendments to allow them to issue the types of preferred shares or subordinated bonds that would be used in such cases, the report noted.
Cyprus was a test run. It worked.
This is now the official policy of the country of Japan, and is a serious considerationthroughout the Eurozone and the United States.
Euro zone finance ministers will discuss on Thursday how to decide which creditors will lose money and in what order during future bank rescues by the bloc’s bailout fund, the European Stability Mechanism.
Just so we’re clear, we are all bank creditors by these definitions, thus the regulations being created apply not to just large bond holders, but every individual depositor.
Notice how they didn’t say “in case future bank rescues are necessary.” That’s because they know what’s coming.
The collapse of the global financial system is a foregone conclusion and it has just been confirmed by finance ministers around the world.
When the next banking crisis hits the United States you can be assured that creditors (i.e. individual depositors) will be forced to ‘bail them in.’
Given that that billionaire insiders are rapidly unloading millions of shares of financial stocks as we speak, there is a strong possibility that this scenario may soon unfold.
So, if you’ve got any significant amount of money at financial institutions, you’d better think twice about how safe it is.
Of course, this is the United States of America, where nothing of the sort could ever happen. According to Federal Reserve Chairman Ben Bernanke, here in the U.S. thecrisis is contained and poses no risks to the broader economy or financial markets.
So, you can probably just move along and ignore this warning.
Nothing to see here… It’s just Japan and Europe, after all, and they are all the way on the other side of the ocean.
Hey it written into the 2013 Canadian Budget on page 145
Pages 144 145 below
and so far not a word about it in the Canadian Mainstream Media
Here’s the original article:
Cyprus-Style “Bail-Ins” Are Proposed In The New 2013 Canadian Government Budget!
By Michael Snyder, on March 28th, 2013
The politicians of the western world are coming after your bank accounts. In fact, Cyprus-style "bail-ins" are actually proposed in the new Canadian government budget. When I first heard about this I was quite skeptical, so I went and looked it up for myself. And guess what? It is right there in black and white on pages 144 and 145 of "Economic Action Plan 2013" which the Harper government has already submitted to the House of Commons. This new budget actually proposes "to implement a ‘bail-in’ regime for systemically important banks" in Canada. "Economic Action Plan 2013" was submitted on March 21st, which means that this "bail-in regime" was likely being planned long before the crisis in Cyprus ever erupted. So exactly what in the world is going on here? In addition, as you will see below, it is being reportedthat the European Parliament will soon be voting on a law which would require that large banks be "bailed in" when they fail. In other words, that new law would make Cyprus-style bank account confiscation the law of the land for the entire EU. I can’t even begin to describe how serious all of this is. From now on, when major banks fail they are going to bail them out by grabbing the money that is in your bank accounts. This is going to absolutely shatter faith in the banking system and it is actually going to make it far more likely that we will see major bank failures all over the western world.
What you are about to see absolutely amazed me when I first saw it. The Canadian government is actually proposing that what just happened in Cyprus should be used as a blueprint for future bank failures up in Canada.
The following comes from pages 144 and 145 of "Economic Action Plan 2013" which you can find right here. Apparently the goal is to find a way to rescue "systemically important banks" without the use of taxpayer funds…
Canada’s large banks are a source of strength for the Canadian economy. Our large banks have become increasingly successful in international markets, creating jobs at home.
The Government also recognizes the need to manage the risks associated with systemically important banks — those banks whose distress or failure could cause a disruption to the financial system and, in turn, negative impacts on the economy. This requires strong prudential oversight and a robust set of options for resolving these institutions without the use of taxpayer funds, in the unlikely event that one becomes non-viable.
So if taxpayer funds will not be used to bail out the banks, how will it be done? Well, the Canadian government is actually proposing that a "bail-in" regime be implemented…
The Government proposes to implement a "bail-in" regime for systemically important banks.This regime will be designed to ensure that, in the unlikely event that a systemically important bank depletes its capital, the bank can be recapitalized and returned to viability through the very rapid conversion of certain bank liabilities into regulatory capital. This will reduce risks for taxpayers. The Government will consult stakeholders on how best to implement a bail-in regime in Canada. Implementation timelines will allow for a smooth transition for affected institutions, investors and other market participants.
So if the banks take extreme risks with their money and lose, "certain bank liabilities" (i.e. deposits) will rapidly be converted into "regulatory capital" and the banks will be saved.
In other words, the banks will just be allowed to grab money directly out of your bank accounts to recapitalize themselves.
That may sound completely and utterly insane to us, but this is how things will now be done all over the western world.
Sometimes a "bail-in" can be done by just converting unsecured debt into equity, but as we just saw in Cyprus, often when there is a major bank failure a lot more money is required to "fix the banks" than can possibly be raised by converting unsecured debt into equity. That is when it becomes very tempting to dip into uninsured back accounts.
In fact, some European politicians are openly admitting as much. According to RT, the European Parliament will soon be voting on a new law which will make Cyprus-style bank account confiscation a permanent part of the solution when major banks fail throughout the EU…
A senior lawmaker told Reuters the Cyprus model may not be an isolated case, and is perhaps a future template in dealing with troubled European banks.
The new template is now likely to turn into a full-scale EU law, letting taxpayers off the hook in case a bail-out is needed, but imposing major losses on bigger savers on a permanent basis.
"You need to be able to do the bail-in as well with deposits," said Gunnar Hokmark, member of European Parliament, who is leading negotiations with EU countries to finalize a law for winding up problem banks, Reuters reported.
"Deposits below 100,000 euros are protected … deposits above 100,000 euros are not protected and shall be treated as part of the capital that can be bailed in," Hokmark told Reuters, adding that he was confident a majority of his peers in the parliament backed the idea.
The European Commission has written the draft of the law, which now awaits approval from eurozone member states and the parliament on whether and when it can be implemented. It’s been reported, the law is planned to take effect in the beginning of 2015.
Are you starting to understand?
The other day when I said that "The Global Elite Are Very Clearly Telling Us That They Plan To Raid Our Bank Accounts", I was not exaggerating.
And for those in Cyprus with deposits of over 100,000 euros, the news just keeps getting worse and worse.
When the crisis first erupted, they were told that 10 percent of all deposits over 100,000 euros would be confiscated.
Then a few days later they were told that it would be 40 percent.
Now, according to the Washington Post, those with deposits over 100,000 euros at the second largest bank in Cyprus may lose as much as80 percent of those deposits…
A deal was finally reached in Brussels with other euro countries and the International Monetary Fund early Monday. The country’s second-largest bank, Laiki, is to be split up, with its healthy assets being absorbed into the Bank of Cyprus. Savers with more 100,000 euros ($129,000) in either Bank of Cyprus and Laiki will face big losses. At Laiki, those could reach as much as 80 percent of amounts above the 100,000 insured limit; those at Bank of Cyprus are expected to be much lower.
Sadly, the truth is that those people will be lucky to ever see any of that money ever again.
How would you feel if someone came along and wiped out your life savings so that banks that took incredibly reckless risks could be bailed out?
Needless to say, a lot of people in Cyprus are very, very angry right now. The following reactions from outraged depositors in Cyprus are from Sky News…
"They have stolen our money," Milton Loucas told Sky News.
"I have been working for 60 years. I am 80 years old. I cannot work again for my living – they have cut the lot.
"Our money, our social insurance – they have cut them. How are we going to live?"
Another Cypriot, Stelios, came out of the bank empty handed.
"I tried to get my February wages and they gave me a piece of paper only," he said.
"I have two children in the army and they asked for money – I don’t have money to give them.
"The Government didn’t pay anybody. My old parents didn’t get their pension."
A lot of people have just had their entire lives turned upside down.
But there were some people that were told ahead of the crisis and were able to get their money out in time.
According to the BBC, foreigners pulled a whopping 18 percent of their money out of Cyprus banks during the month of February alone…
Information from the Central Bank of Cyprus released on Thursday showed that foreign depositors had already withdrawn 18% of their cash from the nation’s banks during February, before the current crisis hit home.
So how did they know to pull their money out and who told them?
In addition, branches of the two largest banks in Cyprus were kept open in Moscow and London even after all of the banks in Cyprus itself were shut down. So wealthy Russians and wealthy Brits have been able to take all of their money out of those banks while the people of Cyprus have been unable to. It is hard to even find the words to describe how unfair that is. The following is from a recent article by Mark J. Grant…
So let us then turn back to Cyprus and see why the Russians are not quite so upset as they were at the beginning of the crisis. The answer to this question is Uniastrum bank which is headquartered in Moscow. Eighty percent (80%) is owned by the Bank of Cyprus. After the crisis began and right up until the capital controls were implemented the bank wasopen for business with no restrictions upon withdrawals. So the crisis began, was all over the Press and the Russian depositors walked into the local bank and withdrew their money from Uniastrum, the Bank of Cyprus, or had it wired in from the other local Cyprus banks and it was then withdrawn. Problem solved!
At the same time Laiki bank and the Bank of Cyprus had operating branches in London. There were no restrictions there either so people could walk into those banks and withdraw their money as well. No restrictions at all right up until the time of the Capital Controls. In the meantime, in Cyprus, people and institutions could not get at their money so the Russians and many British took out their money, closed their accounts while the people in Cyprus were left high and dry.
The wealthy always seem to come out ahead somehow, don’t they?
Meanwhile, those in Cyprus with deposits under 100,000 euros are now dealing with some very stringent capital controls. In other words, there are some very tight restrictions on what they can do with their money. For example, the maximum daily cash withdrawal has been set at 300 euros. The following are some of the other restrictions that are in force right now…
As well as the daily withdrawal limit, Cypriots may not cash cheques.
Payments and/or transfers outside Cyprus via debit and or credit cards are allowed up to 5,000 euros per person per month.
Transactions of 5,000-200,000 euros will be reviewed by a specially established committee, with applications for those over 200,000 euros needing individual approval.
Travellers leaving the country will only be allowed to take 1,000 euros with them.
When the next great wave of the economic collapse strikes, capital controls and bank account confiscation will suddenly become "normal" all over the world.
So get prepared while you still can.
One thing that you can do is make sure that you don’t have all of your eggs in one basket. The following is what Jim Rogers recently told CNBC…
"I, for one, am making sure I don’t have too much money in any one specific bank account anywhere in the world, because now there is a precedent," he said. "The IMF has said ‘sure, loot the bank accounts’ the EU has said ‘loot the bank accounts’ so you can be sure that other countries when problems come, are going to say, ‘well, it’s condoned by the EU, it’s condoned by the IMF, so let’s do it too.’"
The more places that you have your money, the more difficult it will be for "the powers that be" to loot it.
The global elite are fundamentally changing the game. From now on, no bank account on earth will ever be able to be considered "100% safe" again. This is going to create an atmosphere of fear and panic, and no financial system can operate normally when you destroy the confidence that people have in it.
Confidence is a funny thing – it can take decades to build, but it can be destroyed in a single moment.
None of us will ever be able to have confidence in our bank accounts again, and I fear that the next wave of the economic collapse may be closer than I had first anticipated.
and Big Ben say “extremely unlikely” to happen in US
April 2, 2013
Bernanke on Cyprus and taxing bank deposits in the U.S.
Highlight clip from Bernanke’s press conference last week. Runs 2 minutes, and it takes Ben nearly that long to answer the question, before finally, in the last 10 seconds, he says it is “extremely unlikely” to happen in the U.S. He does not say, however, that taxing or seizing assets from bank accounts is impossible. This is a door left wide open.
These Criminal Bankers are Scheming everything so watch out for the Gold Scam to
WHAT THE METAL’S MANIPULATORS HAVE PLANNED Bank Run Happening In Bullion
May 22, 2013 in Economics
It has been well documented by me that there was going to be a Precious Metals beatdown within the range of $1200 -$1400 per once of Gold and $20-$24 per ounce of Silver. Now the latest forecast from deep behind enemy lines was so earth shaking at first that I myself could not believe it. In fact I am still taking this with a grain of salt. From the inner recesses of International Banking, the Money Masters are deciding on a plan so daunting I do not even know if they can pull it off. That plan folks is to Smash Gold down to $800 to $1000 per ounce!!!! Silver between $16-$18 per ounce. Believe me they will market this as the much needed correction, they will trumpet it as the bull market run being over, thousands will dump what little they have in the open jaws of the Jackal Multinational Banks and the Central Banks that front for them.
I want you to be VERY VERY aware. This strategy while a last ditch effort to save the COMEX, FED and Bullion Banks will also have another driving benefit. It will drive out for good the speculators who have used the instrument of paper manipulation to dictate and affect the physical market for decades. The blowback of all of this is once again ever dwindling supplies of Physical PM’s and acquisition premiums going through the roof. Folks what I am saying is if Silver goes to $16 an ounce…do you think anyone will sell it in an environment in which there are dwindling supplies? NO! Of course NOT! This is going to be the beginning of the permanent dislocation of the Physical market from the Paper Market. I can see it now, ETF $16oz , Physical $40oz that looks like where we will be heading in the short term before the collapse finally arrives and PM’s shoot to the moon.
Case in point.
The Royal Canadian Mint just released a 1oz Buffalo Silver Commemorative coin at $100 face value, the darn thing is 96% sold out!
Whats the big deal about that you say? Well last year the same Canuk mint released a $20 stamped Polar Bear Coin that never moved like this one. In fact SIlverCoinsToday.com stated “Royal Canadian Mint appears to be at or approaching a sell out with buyers getting a perceived bargain by paying face value.” Did you get that? Buyers getting a perceived value. So what’s really driving the blowout sale of 250,000 coins 96% sold out in days? Simple…The thirst for physical silver all over the world has dried up inventories everywhere, thus causing people to spend up to $100 an ounce and thinking it is a value!!! Why pray tell would the Royal Canadian Mint stamp a $100 face value on a one ounce Silver coin? Are they forecasting something? I think so. I sure do.
Folks watch the movement of oil…Remember this is one of the big indicators and on a future alert/ radio show I will correlate the relationship of Gold and Oil. The two major commodities of any sane nation looking to trade. If Oil continues it’s rise there are fund managers in the Too PIG to Fails that are licking their chops to offset some of the worthless US treasuries that they are holding. What is a poor central banker to do? Print to Oblivion I guess. Hoover town here we come.
Jim Willie, Editor of The Hat Trick Letter, says the recent gold price take-down has caused, “A bank run in gold bullionbanks. It’s a vault run. . . . Wealthy investors are asking for their gold, and some are finding out it’s not there.” Jim Willie, who holds a PhD in statistics, says things are getting worse. Dr. Willie contends, “Back in 2011 and 2012, you had an important event every three of four months. Now, it’s every two or three weeks. So, the mean time between failures is rapidly declining.” Dr. Willie goes on to predict, “Before, they were talking about stress tests. Now, they realize that all of them in the past were a fraud. So, they are talking about ‘bail-ins’ because they are expecting failures.” Dr. Willie contends, “It’s all coming to a climax where gold is going to be central with a gold-trade central bank and gold priced at $7,000 per ounce.” Join Greg Hunter as he goes One-on-One with Jim Willie of GoldenJackass.com.
Today Egon von Greyerz told King World News that clients are having tremendous problems getting their physical gold out of Swiss banks as well as other major banks as the shortage intensifies. Greyerz also discussed the fact that refiners simply cannot keep up with demand, “no matter how much they produce.” Below is what Greyerz, who is founder of Matterhorn Asset Management out of Switzerland, had to say in this extraordinary interview.
Greyerz: “This week I want to talk about what we are seeing in the physical gold market, and why there is a disconnect in that market. We transfer a lot of gold from Swiss banks and other banks into private vaults for investors.
More often now, than ever, we are encountering incidents when the banks are putting up all kinds of obstacles for these transfers. The first sign of the potential shortage of physical gold started with ABN AMRO a few weeks (when they) declared that they would renege on their commitment to redeem gold accounts in physical gold.
“Instead they would redeem in cash. The custodian for ABN AMRO, for the gold, is UBS, and UBS decides to what extent they hedge the ABN paper gold position.
So as there is no more physical redemption of the ABN AMRO gold accounts, it seems these contracts are no longer backed by physical gold. It’s just backed by paper, and this is of course typical for the paper market, Eric. This paper market, which is 100 times bigger than the physical market, probably has zero percent backing of physical. This is why ABN stopped redeeming in gold.
You can see these criminals planning this whole crash slowly if you open your eyes, there fraud and manipulation and right out theft is plain as day to see
So Why are We The people not DEMANDING THESE CRIMINALS ALL Be ARRESTED Before They DESTROY us ALL
‘There will be more wealth confiscation, without a doubt’
Savers and investors face further "wealth confiscation" in Europe as the continent struggles to resolve the single currency’s problems, a bank chief has said.
Earler this week savers at Bank of Cyprus saw 37.5pc of their balances above €100,000 converted into shares Photo: EPA
11:35AM BST 30 Apr 2013
European politicians will take the "easy option" of taking money from the rich rather than raising taxes and cutting spending to deal with the continent’s debt problem, Lars Christensen, the head of Saxo Bank, said.
Asked if the raid on uninsured savings in Cyprus would be repeated, he told City AM: "There will be future bail-ins [loss of deposits] and other types of confiscation of wealth in the eurozone, without a doubt.
"There’s no other realistic way forward if politicians continue to fail to deal with the basic indebtedness problem across Europe. They will either have to raise taxes and cut spending, or politicians will take the easier route and take money from the rich."
Earlier this week savers at Bank of Cyprus saw 37.5pc of their balances above €100,000 converted into shares, with a further 22.5pc at risk and 30pc frozen.
Following the Cyprus deal, several senior German economistsproposed that wealth taxes be used to fund future bail-outs in the eurozone, with British owners of holiday homes potentially in the line of fire.
Senior advisers to Chancellor Angela Merkel pushed for better-off households to pay towards the cost of any future bail-outs for the weaker members of the single currency. The proposals, from members of Germany’s council of economic experts, raised the prospect of taxes being imposed on property in a country such as Spain if its government was forced to seek a bail-out.
The seizure of assets in Cyprus led to comparisons with America’s confiscation of privately held gold during the Great Depression. Investors were compensated in dollars that were promptly devalued.
He said the measures being taken by central banks around the world were "undermining confidence in central banks, in the quality of their assets and in their respective currencies".
"The same thing is happening in the US and Japan – trust in the fiat[paper] currency system will slowly begin to disintegrate. We’ve seen it in gold. The recent sell-off was driven by buy and sell pressures in a market that is not as big as many people think. Eventually gold will pick up and go higher.
"It’s all linked to evidence that the old principle of a prudent central bank has disappeared. We now have overt political influence of central banks, and that’s dangerous."
April 30, 2013
I challenge anyone to prove me wrong that confiscation of bank deposits is legalized daylight robbery
Bank depositors in the UK and USA may think that their bank deposits would not be confiscated as they are insured and no government would dare embark on such a drastic action to bail out insolvent banks.
Before I explain why confiscation of bank deposits in the UK and US is a certainty and absolutely legal, I need all readers of this article to do the following:
Ask your local police, sheriffs, lawyers, judges the following questions:
1) If I place my money with a lawyer as a stake-holder and he uses the money without my consent, has the lawyer committed a crime?
2) If I store a bushel of wheat or cotton in a warehouse and the owner of the warehouse sold my wheat/cotton without my consent or authority, has the warehouse owner committed a crime?
3) If I place monies with my broker (stock or commodity) and the broker uses my monies for other purposes and or contrary to my instructions, has the broker committed a crime?
I am confident that the answer to the above questions is a Yes!
However, for the purposes of this article, I would like to first highlight the situation of the deposit/ storage of wheat with a warehouse owner in relation to the deposit of money / storage with a banker.
First, you will notice that all wheat is the same i.e. the wheat in one bushel is no different from the wheat in another bushel. Likewise with cotton, it is indistinguishable. The deposit of a bushel of wheat with the warehouse owner in law constitutes a bailment. Ownership of the bushel of wheat remains with you and there is no transfer of ownership at all to the warehouse owner.
And as stated above, if the owner sells the bushel of wheat without your consent or authority, he has committed a crime as well as having committed a civil wrong (a tort) of conversion – converting your property to his own use and he can be sued.
Let me use another analogy. If a cashier in a supermarket removes $100 from the till on Friday to have a frolic on Saturday, he has committed theft, even though he may replace the $100 on Monday without the knowledge of the owner / manager of the supermarket. The $100 the cashier stole on Friday is also indistinguishable from the $100 he put back in the till on Monday. In both situations – the wheat in the warehouse and the $100 dollar bill in the till, which have been unlawfully misappropriated would constitute a crime.
Keep this principle and issue at the back of your mind.
Now we shall proceed with the money that you have deposited with your banker.
I am sure that most of you have little or no knowledge about banking, specifically fractional reserve banking.
Since you were a little kid, your parents have encouraged you to save some money to instil in you the good habit of money management.
And when you grew up and got married, you in turn instilled the same discipline in your children. Your faith in the integrity of the bank is almost absolute. Your money in the bank would earn an interestincome.
And when you want your money back, all you needed to do is to withdraw the money together with the accumulated interest. Never for a moment did you think that you had transferred ownership of your money to the bank. Your belief was grounded in like manner as the owner of the bushel of wheat stored in the warehouse.
However, this belief is and has always been a lie. You were led to believe this lie because of savvy advertisements by the banks and government assurances that your money is safe and is protected by deposit insurance.
But, the insurance does not cover all the monies that you have deposited in the bank, but to a limited amount e.g. $250,000 in the US by the Federal Deposit Insurance Corporation (FDIC), Germany €100,000, UK £85,000 etc.
But, unlike the owner of the bushel of wheat who has deposited the wheat with the warehouse owner, your ownership of the monies that you have deposited with the bank is transferred to the bank and all you have is the right to demand its repayment. And, if the bank fails to repay your monies (e.g. $100), your only remedy is to sue the bank and if the bank is insolvent you get nothing.
You may recover some of your money if your deposit is covered by an insurance scheme as referred to earlier but in a fixed amount. But, there is a catch here. Most insurance schemes whether backed by the government or not do not have sufficient monies to cover all the deposits in the banking system.
So, in the worst case scenario – a systemic collapse, there is no way for you to get your money back.
In fact, and as illustrated in the Cyprus banking fiasco, the authorities went to the extent of confiscating your deposits to pay the banks’ creditors. When that happened, ordinary citizens and financial analysts cried out that such confiscation was daylight robbery. But, is it?
It will come as a shock to all of you to know that such daylight robbery is perfectly legal and this has been so for hundreds of years.
Let me explain.
The reason is that unlike the owner of the bushel of wheat whose ownership of the wheat WAS NEVER TRANSFERRED to the warehouse owner when the same was deposited, the moment you deposited your money with the bank, the ownership is transferred to the bank.
Your status is that of A CREDITOR TO THE BANK and the BANK IS IN LAW A DEBTOR to you. You are deemed to have “lent” your money to the bank for the bank to apply to its banking business (even to gamble in the biggest casino in the world – the global derivatives casino).
You have become a creditor, AN UNSECURED CREDITOR. Therefore, by law, in the insolvency of a bank, you as an unsecured creditor stand last in the queue of creditors to be paid out of any funds and or assets which the bank has to pay its creditors. The secured creditors are always first in line to be paid. It is only after secured creditors have been paid and there are still some funds left (usually, not much, more often zilch!) that unsecured creditors are paid and the sums pro-rated among all the unsecured creditors.
This is the truth, the whole truth and nothing but the truth.
The law has been in existence for hundreds of years and was established in England by the House of Lords in the case Foley v Hill in 1848.
When a customer deposits money with his banker, the relationship that arises is one of creditor and debtor, with the banker liable to repay the money deposited when demanded by the customer. Once money has been paid to the banker, it belongs to the banker and he is free to use the money for his own purpose.
I will now quote the relevant portion of the judgment of the House of Lords handed down by Lord Cottenham, the Lord Chancellor. He stated thus:
“Money when paid into a bank, ceases altogether to be the money of the principal… it is then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with him when he is asked for it.
The money paid into the banker’s, is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the banker’s money; he is known to deal with it as his own; he makes what profit of it he can, which profit he retains himself,…
The money placed in the custody of the banker is, to all intent and purposes, the money of the banker, to do with it as he pleases; he is guilty of no breach of trust in employing it; he is not answerable TO THE PRINCIPAL IF HE PUTS IT INTO JEOPARDY, IF HE ENGAGES IN A HAZARDOUS SPECULATION; he is not bound to keep it or deal with it as the property of the principal, but he is of course answerable for the amount, because he has contracted, having received that money, to repay to the principal, when demanded, a sum equivalent to that paid into his hands.” (quoted in UK Law Essays, Relationship Between A Banker And Customer,That Of A Creditor/Debtor, emphasis added,)
Holding that the relationship between a banker and his customer was one of debtor and creditor and not one of trusteeship, Lord Brougham said:
“This trade of a banker is to receive money, and use it as if it were his own, he becoming debtor to the person who has lent or deposited with him the money to use as his own, and for which money he is accountable as a debtor. I cannot at all confound the situation of a banker with that of a trustee, and conclude that the banker is a debtor with a fiduciary character.”
In plain simple English – bankers cannot be prosecuted for breach of trust, because it owes no fiduciary duty to the depositor / customer, as he is deemed to be using his own money to speculate etc. There is absolutely no criminal liability.
The trillion dollar question is, Why has no one in the Justice Department or other government agencies mentioned this legal principle?
The reason why no one dare speak this legal truth is because there would be a run on the banks when all the Joe Six-Packs wise up to the fact that their deposits with the bankers CONSTITUTE IN LAW A LOAN TO THE BANK and the bank can do whatever it likes even to indulge in hazardous speculation such as gambling in the global derivative casino.
The Joe Six-Packs always consider the bank the creditor even when he deposits money in the bank. No depositor ever considers himself as the creditor!
Yes, Eric Holder, the US Attorney-General is right when he said that bankers cannot be prosecuted for the losses suffered by the bank. This is because a banker cannot be prosecuted for losing his “own money” as stated by the House of Lords. This is because when money is deposited with the bank, that money belongs to the banker.
The reason that if a banker is prosecuted it would collapse the entire banking system is a big lie.
The US Attorney-General could not and would not state the legal principle because it would cause a run on the banks when people discover that their monies are not safe with bankers as they can in law use the monies deposited as their own even to speculate.
What is worrisome is that your right to be repaid arises only when you demand payment.
Obviously, when you demand payment, the bank must pay you. But, if you demand payment after the bank has collapsed and is insolvent, it is too late. Your entitlement to be repaid is that of a lonely unsecured creditor and only if there are funds left after liquidation to be paid out to all the unsecured creditors and the remaining funds to be pro-rated. You would be lucky to get ten cents on the dollar.
So, when the Bank of England, the FED and the BIS issued the guidelines which became the template for the Cyprus “bail-in” (which was endorsed by the G-20 Cannes Summit in 2011), it was merely a circuitous way of stating the legal position without arousing the wrath of the people, as they well knew that if the truth was out, there would be a revolution and blood on the streets. It is therefore not surprising that the global central bankers came out with this nonsensical advisory:
“The objective of an effective resolution regime is to make feasible the resolution of financial institutions without severe systemic disruption and without exposing taxpayers to losses, while protecting vital economic functions through mechanisms which make it possible for shareholders and unsecured and uninsured creditors to absorb losses in a manner that respects the hierarchy of claims in liquidation.”(quoted in FSB Consultative Document: Effective Resolution of Systemically…)
This is the kind of complex technical jargon used by bankers to confuse the people, especially depositors and to cover up what I have stated in plain and simple English in the foregoing paragraphs.
The key words of the BIS guideline are:
“without severe systemic disruptions” (i.e. bank runs),
“while protecting vital economic functions” (i.e. protecting vested interests – bankers),
“unsecured creditors” (i.e. your monies, you are the dummy),
“respects the hierarchy of claims in liquidation” (i.e. you are last in the queue to be paid, after all secured creditors have been paid).
This means all depositors are losers!
Please read this article carefully and spread it far and wide.
You will be doing a favour to all your fellow country men and women and more importantly, your family and relatives.
The Entire Economy Is a Ponzi Scheme
Posted on April 12, 2013 by WashingtonsBlog
Bill Gross, Nouriel Roubini, Laurence Kotlikoff, Steve Keen, Michel Chossudovsky, the Wall Street Journal and many others say that our entire economy is a Ponzi scheme.
Former Reagan budget director David Stockman just agreed:
So did a top Russian con artist and mathematician.
Even the New York Times’ business page asked, “Was [the] whole economy a Ponzi scheme?”
In fact – as we’ve noted for 4 years (and here and here) – the banking system is entirely insolvent. And so are most countries. The whole notion of one country bailing out another country is a farce at this point. The whole system is insolvent.
As we noted last year:
Europe’s plan to lend money to Spain to heal some of its banks may not work because the government and the country’s lenders will in effect bepropping each other up, Nobel Prize-winning economist Joseph Stiglitz said.
“The system … is the Spanish government bails out Spanish banks, and Spanish banks bail out the Spanish government,” Stiglitz said in an interview.
“It’s voodoo economics,” Stiglitz said in an interview on Friday, before the weekend deal to help Spain and its banks was sealed. “It is not going towork and it’s not working.”
[The same is true of every other nation.]
“Portugal cannot rescue Greece, Spain cannot rescue Portugal, Italy cannot rescue Spain (as is surely about to become all too abundantly clear), France cannot rescue Italy, but Germany can rescue France.” Or, the credit of the EFSF/ESM, if called upon to provide funds in large size, either calls upon the credit of Germany, or fails; i.e, it seems to us that it probably cannot fund to the extent needed to save the credit of one (and probably imminently two) countries that had hitherto been considered “too big so save” without joint and several guarantees.***
As Nouriel Roubini wrote in February:
[For] problems of that magnitude, there simply are not enough resources—governmental or super-sovereign—to go around.
As Roubini wrote in February:
“We have decided to socialize the private losses of the banking system.
Roubini believes that further attempts at intervention have only increased the magnitude of the problems with sovereign debt. He says, “Now you have a bunch of super sovereigns— the IMF, the EU, the eurozone—bailing out these sovereigns.”
Essentially, the super-sovereigns underwrite sovereign debt—increasing the scale and concentrating the problems.
Roubini characterizes super-sovereign intervention as merely kicking the can down the road.
But, despite the paper shuffling of debt at the national level—and at the level of supranational entities—reality ultimately intervenes: “So at some point you need restructuring. At some point you need the creditors of the banks to take a hit —otherwise you put all this debt on the balance sheet of government. And then you break the back of government—and then government is insolvent.”
The Global Mail notes:
Half the world, including almost all the developed world, now is reproducing at below replacement level. A generation from now, according to United Nations Population Division projections, less than a quarter of the world’s women – most of them in Africa and south Asia – will be reproducing at above replacement rate. And those UN forecasts are probably on the high side, for reasons we’ll come to later.
And as the birth rate has plunged in developed nations, and the native-born population has begun to shrink and rapidly age, governments and business have sought to make up the numbers by importing people to prop up their economies. It’s all they know how to do, for our economic system is, at its base, a giant Ponzi scheme, dependent on ever more people producing and consuming ever more stuff.
But what happens if that all stops? What happens when you get an ageing, shrinking population that consumes less?
“The answer to that question is that we don’t know because it’s never happened before,” says Peter McDonald, professor of demography and director of the Australian Demographic and Social Research Institute at the Australian National University.
“We’re certainly operating a Ponzi scheme in Australia,” says Dr Bob Birrell, an economist and migration expert from Monash University.
“Our growth is predicated on extra numbers… [and] more of our activity is going into city building and people servicing, which do not directly produce many goods that can be traded in overseas markets.
Half the world is facing the problem of low fertility, and Australia, with its massive program of importing people, is providing an extreme example of one approach to the conundrum.
In a nutshell, the problem is this: lower fertility rates mean older, less innovative and productive workforces. More importantly to the Ponzi economic order, older, stable or declining populations consume less. So growth requires either importing people, or exporting stuff, or a combination of the two. Orthodox economics simply can’t cope otherwise.
Europe as a whole has been reproducing at well below replacement rate for close to 40 years. The last period for which UN data showed Europe’s total fertility rate above the replacement rate was 1970-75.
Europe’s contemporary demographics give new meaning to the descriptor ‘the old world’. The continent’s average person is over 40 now. By 2050, if things continue on trend, the average European will be 45.7. If one takes the UN’s “low variant” projection, he/she will be over 50 years of age.
And the low variant now looks closer to the mark. Fertility rates had actually rebounded a little over recent years, the result of a bit of “catch-up” after a shift over several previous decades in which women delayed child-bearing. But the European recession has set fertility rates plunging again.
Jamie Ferguson/The Global Mail
The recession’s effects will likely linger for decades, in lower rates of earnings and savings, and also in reduced fertility.
Last year, Forbes magazine, that most reliable voice of the economic orthodoxy, laid the blame for Europe’s economic decline squarely on its citizens’ failure to reproduce in adequate numbers, in an article headlined What’s Really Behind Europe’s Decline? It’s The Birth Rates, Stupid.
The Forbes piece was unequivocal: the biggest threat to the European Union was its low fertility rate.
The piece ended with a dire warning that unless Club Med managed to induce people to have more babies, catastrophic economic consequences would flow for all of Europe and maybe the world.
As Thomas Sobotka, one of the authors of a 2011 study on population trends by the Vienna Institute of Demography, told the Guardian newspaper, massive cuts in social spending would only exacerbate the problem.
“This may prolong the fertility impact of the recent recession well beyond its end. It could lead to a double-dip fertility decline,” he said.
But when it comes to fertility declines, Asia takes the cake.
Japan, Singapore, South Korea, Taiwan, Macau, Hong Kong, and most importantly China currently all have fertility rates lower than those of Europe.
China’s and Korea’s are about to start falling, if they haven’t already.
“I’m pretty pessimistic about the east-Asian situation,” says McDonald. “I think those countries find it very difficult move in the right direction of supporting work and family, in particular, reducing work hours.
“We are now talking about some 30 per cent of Japanese women not getting married.”
“I saw a couple of people from the Japanese government give a paper recently, essentially accepting this as an inevitability – a low birth rate forever,” he says.
It’s the same all over Asia.
Hong Kong has a birth rate of 1.09, which is on track to see its population almost halve in a generation. Taiwan is at 1.10; China, 1.55; Thailand, 1.66; Vietnam, 1.89. Even Indonesia’s fertility is just above replacement rate, at 2.23, and is falling fast. Malaysia and the Philippines are still growing pretty quickly, as are the south-Asian countries, which may give them a competitive edge for a few decades – and a growing export industry of people. But it is not projected to last more than a few decades.
Let’s return to America. The United States also is reproducing at below replacement rate, and its birthrate has declined sharply in recent years.
The US birth rate not only fell to its lowest level ever in 2011, but the greatest decline was among immigrant women.
In the longer term, the world will have to adjust its economic system to cope with the novel concept of less. Fewer people, less consumption, lowered need for resources, energy, housing, roads, you name it.
The above is admittedly depressing. But the reality is that there’s hope.
And as we’ve previously noted about energy:
The current paradigm is that energy is produced expensively by governments or large corporations through gigantic projects using enormous amounts of money, materials and manpower. Because energy can only be produced by the big boys, we the people must bow our heads to the powers-that-be. We must pay a lot of our hard-earned money to buy electricity from them, and we can’t question the methods or results of their energy production.
Our life will become much better when we begin to understand that energy is all around us – as an ocean of electromagnetic forces and as a byproduct of other processes in the form of heat, pressure, etc. – and all we need do is learn how to harvest it.
Add NSA Spying on us all on top of all this and it paint a pretty ugly picture !!! Why cant we all see It???
The Economic Collapse
June 28, 2013
Did you actually believe that they were not going to use the precedent that they set in Cyprus? On Thursday, EU finance ministers agreed to a shocking new plan that will make every bank account in Europe vulnerable to Cyprus-style bail-ins. In other words, the wealth confiscation that we just witnessed in Cyprus will now be used as a template for future bank failures all over Europe. That means that if you have a bank account in Europe, you could wake up some morning and every penny in that account over 100,000 euros could be gone.
That is exactly what happened in Cyprus, and now EU officials plan to do the same thing all over Europe. For quite a while EU officials insisted that Cyprus was a “special case”, but now we see that was a lie. International outrage over what happened in Cyprus has died down, and now they are pushing forward with what they probably had planned all along. But why have they chosen this specific moment to implement such a plan? Are they anticipating that we will see a wave of bank failures soon? Do they know something that they aren’t telling us?
Amazingly, this announcement received very little notice in the international media. The fact that bank account confiscation will now be a permanent part of the plan to bail out troubled banks in Europe should have made headline news all over the globe. The following is how CNNdescribed the plan…
European Union finance ministers approved a plan Thursday for dealing with future bank bailouts, forcing bondholders and shareholders to take the hit for bank rescues ahead of taxpayers.
The new framework requires bondholders, shareholders and large depositors with over 100,000 euros to be first to suffer losses when banks fail. Depositors with less than 100,000 euros will be protected. Taxpayer funds would be used only as a last resort.
According to this new plan, bondholders will be the first to be required to “contribute” when a bank bailout is necessary.
Do you want to guess what that is going to do to the price of European bank bonds?
Shareholders of the bank will be the next in line to get hit when a bank bailout happens.
After that, they will go after those that have more than 100,000 euros in their bank accounts.
The European Union spent the equivalent of a third of its economic output on saving its banks between 2008 and 2011, using taxpayer cash but struggling to contain the crisis and – in the case of Ireland – almost bankrupting the country.
But a bailout of Cyprus in March that forced losses on depositors marked a harsher approach that can now, following Thursday’s agreement, be replicated elsewhere.
Oh wonderful – the “Cyprus solution” can now be “replicated” everywhere in Europe.
This plan will now be submitted to the European Parliament for final approval. The goal is to have this plan finalized by the end of this year.
If you have a bank account in Europe with over 100,000 euros in it, get your money out now.
I am not sure how else to say it.
In Cyprus, there were retirees and small businesses that lost hundreds of thousands of euros overnight.
Do not let that happen to you.
And without a doubt, we are going to see a lot of banks fail in Europe over the next few years. This will especially be true once the next great financial crisis strikes.
But even though we haven’t even gotten to the next great financial crisis yet, the economic depression in Europe just continues to get even worse. Just consider these facts…
-Car sales in Europe have hit a 20 year low.
-Overall, the unemployment rate in the eurozone is sitting at 12.2 percent. That is a brand new all-time record high.
-An average of 134 retail outlets are shutting down in Italy every single day. Overall, 224,000 retail establishments have closed down in Italy since 2008.
-It is being projected that Italy will need to ask for an EU bailout within 6 months.
-Consumer confidence in France has dropped to an all-time low.
-The unemployment rate in France is up to 10.4 percent. That is the highest that it has been in 15 years.
-Government is now responsible for 57 percent of all economic output in France.
-In May, household lending in Europe declined at the fastest pace in 11 months.
-During the first quarter, disposable income in the UK declined at the fastest pace in 25 years.
-It is being projected that the unemployment rate in Spain will hit 28.5 percent next year.
-Just a few years ago, the percentage of bad loans in Spain was under 2 percent. Now it is sitting at 10.87 percent.
-The national debt in Spain has grown by 19.1 percent over the past 12 months alone.
-The Greek government says that the Greek economy will shrink by 4.5 percent this year.
-It is being projected that the unemployment rate in Greece will rise to30 percent in 2014.
And it certainly does not help that China has essentially declared a trade war on Europe. That is not going to help struggling European industries at all.
I hope that more Americans will start paying attention to what is happening in Europe. The crippling economic problems that are sweeping across that continent will come here too.
And at some point there is a very good chance that we will also see Cyprus-style bank account confiscation in this country.
So don’t put all of your eggs in one basket. It is good to have your assets spread around a bunch of different places. That makes it much harder for them to be wiped out all at once.
What we are watching in Europe right now is really unprecedented in modern times. They are declaring open season on large bank deposits. In the end, a lot of people in Europe are going to lose a lot of money.
Make sure that you are not one of them.