Tuesday, January 31, 2012

ISDA is Behind the Attempt to Appeal Position Limits

The International Swaps and Derivatives Association (ISDA) will be responsible for a very important decision shortly.  As Jim Sinclair stated during his interview with Ellis Martin, ISDA are "the people who determine if a credit event is a default or not.  It is the singular, most important organization with more power than governments.  It will determine whether 5 US banks will go insolvent tomorrow, as in this week.  Five US Banks controlling over 97% of all credit default swaps."  ISDA is the organization in charge of declaring a default, but they are made up of the membership banks who hold the credit default swaps!  If you haven't watched the interview with Jim Sinclair detailing a decision of default by the ISDA, it is found here.  

After listening to the interview, I went back to SD archives. Let's not forget, the same organization which is "more powerful than governments" and in charge of declaring a default in Greece is the group appealing the Dodd-Frank Act's implementation of position limits.  It should come at no surprise to SD reader's of what the intentions are of the members leading the direction of the ISDA. 

A little over a week ago, the U.S. court of appeals for the District of Columbia Circuit dismissed the position limit lawsuit and declared that it must be first heard by a lower court.  A positive ruling for us holding out hope a viable solution limiting manipulation will one day be implemented. ISDA Steve Kenedy issued the following statement, "Although the statute was unclear, we thought that might be the answer and were prepared for it, and for that reason we filed in both courts," said Steve Kennedy a spokesman for ISDA. "We now will move forward quickly in the district court." Reuters

Below is a copy of the original post made on the position limit lawsuit which details the parties involved (ISDA).  A lower case will now hear the lawsuit before it can return to the higher court.

Friday, January 6, 2012

CFTC Asks Appeals Court to Dismiss Position Limit Lawsuit

On Dec 5th we reported that Blythe's boyz at the International Swaps & Derivatives Association & the Securities Industry and Financial Markets Association had filed suit against the CFTC over position limits.
On Tuesday the CFTC voted down a request by the ISDA and SIFMA to postpone the implementation of position limits 3-2.
The CFTC Wednesday asked an appeals court to dismiss the frivilous suit by the ISDA and SIFMA.
Blythe better make sure the presiding Judge is offered a healthy enough bribe to make sure the suit is heard and delays the implementation of position limits for another 10 years.
Before our readers get too excited about the implementation of position limits, please recall that the CME just granted JPM and the rest of the cartel "temporary" waivers for reporting positions exceeding speculative limits through May 31st 2012.
WASHINGTON, Jan 4 (Reuters) - The Commodity Futures Trading Commission on Wednesday asked an appeals court to dismiss a challenge of its rules aimed at preventing excessive speculation in markets such as oil and gold that was filed by two top industry groups.
The futures regulator urged the U.S. Court of Appeals for the District of Columbia Circuit to dismiss the lawsuit, saying the laws under which the rules were passed do not require the appeals court to directly review them.
The CFTC said that none of the provisions cited by the Securities Industry and Financial Markets Association and the International Swaps and Derivatives Association "provides for direct appellate review of their challenge to the rule."
Earlier this week, the CFTC rebuffed a request by ISDA and SIFMA to have the CFTC postpone the rule as part of the lawsuit the groups filed last month, challenging the agency's rulemaking on "position limits."
The CFTC voted 3-2 against the request. The decision was finalized on Tuesday.
"I think if folks pause and take a deep breath, it becomes obvious that we hit a fair balance that will protect consumers and markets and won't harm legitimate business hedging," Bart Chilton, a CFTC Democratic commissioner, said in a statement.
Andrew DeSouza, a spokesman for SIFMA, said the group disagreed with the CFTC's decision and looked forward to presenting its case in court.
Read more: