gata wrecks the gold market...not

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    10:42p ET Wednesday, December 8, 2004


    Dear Friend of GATA and Gold:


    TheBullionDesk.com today more or less accused
    GATA of causing today's smashing of the gold
    price. The accusation came in a brief market
    note by the site's proprietor, Ross Norman,
    suggesting that the World Gold Council's new
    exchange-traded bullion fund had been forced
    on Tuesday to sell 15 percent of its gold
    holdings on account of "a foul attempt by a
    rival to raise ill-founded concerns about the
    product" -- that is, GATA's call this week for
    the council to explain the duplicate serial
    numbers on some of its gold bars and to answer
    several questions about the fund's operation.


    Reuters and Dow Jones Newswires distributed
    reports about the huge dishoarding by the EFT.
    Here's the Dow Jones story.


    * * *


    Fall in StreetTRACKS' Stock
    Encouraged Gold Slide: Trade


    By David Elliott
    Dow Jones Newswires
    Wednesday, December 8, 2004


    LONDON -- The 3.5 percent fall in the price of
    spot gold Wednesday may have been encouraged by
    the sale of 15 percent of the gold held by the
    StreetTRACKS exchange-traded fund, or ETF,
    analysts in London said. The total net asset
    value of gold in the trust stood at 88.02
    metric tons Wednesday against 103.56 tons
    Tuesday.


    Gold fell to $436.90 a troy ounce at the London
    fix Wednesday afternoon against $451.80/oz
    Tuesday afternoon.


    While most participants agree the market was
    primed for a slide -- in light of an overbought
    technical picture and a bounce for the dollar --
    they also believe the fall in tonnage in the
    StreetTRACKS trust was responsible for some
    of the selling.


    The fall in the StreetTRACKS tonnage highlights
    the expectation by holders of the shares that the
    share price and price of gold is set to fall,
    said an analyst.


    "It hasn't helped sentiment," said Kamal Naqvi,
    precious metals analyst at Barclays Capital.


    StreetTRACKS gold shares were launched Nov.
    18 on the New York Stock Exchange to track
    the price of gold. Each share represents
    one-tenth an ounce of gold.


    In the first week of trade to Nov. 26 the trust
    built up a total net asset value of just over
    100 tons, but since then this remained virtually
    unchanged until the decline Tuesday.


    Over the same period the share price for the fund
    has also remained steady, closing Tuesday at
    $45.11 compared with the close on the first day
    of trade at $44.38. At 1626 GMT Wednesday the
    shares were trading at $43.62.


    "Gold was primed for a correction but it seems to
    me an interesting correlation that the
    StreetTRACKS tonnage fell at the same time,"
    said Philip Klapwijk, managing director of GFMS
    Ltd.


    The StreetTRACKS Web site says the tonnage in the
    trust for Wednesday will be updated between 1615
    and 1630 EST.


    * * *


    The Bullion Desk's blaming GATA for the
    gold crash was followed there by the
    unusual posting of an open letter to your
    secretary/treasurer by a Bullion Desk
    reader, David Walker. The open letter
    carried a preface declaring that the
    Bullion Desk fully endorsed its views.


    Walker's letter at the Bullion Desk can
    be found here:


    http://www.thebulliondesk.com/content/reports/temp/AnOpenLettertoGATA
    .pdf


    Walker echoed the Bullion Desk's own
    complaint that GATA had wrecked the gold
    market by criticizing the gold council's
    ETF, and he attempted to answer the
    questions GATA had directed to the gold
    council.


    As authority of one of his answers,
    Walker wrote that he had spoken with a
    representative of the ETF, but when I
    briefly engaged him by e-mail and asked
    him if he was speaking for the fund or
    the World Gold Council, he did not reply.
    So it may be suspected that Walker's
    letter was more or less ghosted for him
    or that he is serving as an intermediary
    for the fund or the council so that the
    council might not have to engage directly
    with people who press inconvenient
    questions.


    Later Walker's open letter was posted at
    321Gold.com here:


    http://www.321gold.com/editorials/walker/walker120804.html


    While GATA's questions about the ETF's
    operations are still compelling -- and will
    be reviewed again below -- the most remarkable
    thing here is the old pattern of gold-news
    Internet sites to avoid at any cost doing
    real reporting on the gold market. For all
    the space devoted to bashing GATA today
    at the Bullion Desk and 321Gold, neither
    of those sites, nor any other gold sites
    to GATA's knowledge, has ever directed a
    single question to the biggest participants
    in the gold market, the central banks. Nor
    do these sites seem inclined to question the
    gold council directly even though its ETF
    has been heavily publicized for months.


    The Bullion Desk said today that it fully
    endorsed Walker's letter about the ETF, but
    how could the Bullion Desk do so without
    doing or referring to any original reporting
    on the fund? Would a Q&A with the gold council
    or the fund's managers be so out of line for
    the Bullion Desk? To most people it might
    look like basic journalism.


    Indeed, the greatest deficiency of the gold
    market and the financial markets generally
    may be the lack of basic journalism --
    journalism that goes beyond the recycling
    of press releases and government statements.


    But to return to GATA's questions, and to
    assume that Walker is acting as intermediary
    for the ETF and the gold council:


    1) Why does the bullion fund list ownership
    of duplicate gold bars?


    Tim Wood's admirable reporting last night
    at ResourceInvestor.com, notice of which
    was dispatched to you, seems to have
    resolved this question, if only
    unofficially, since the gold council still
    does not speak directly. Different bars
    refined by Johnson Matthey apparently carry
    the same serial numbers and the ETF listed
    the duplicate numbers without explanation,
    thus erroneously suggesting double counting.
    That is, the fund's practice was deficient,
    was fairly questioned, and required
    explanation.


    2) Why have all the custodians and potential
    custodians of the fund's gold not been
    identified?


    Walker contends that they all HAVE been
    identified and quotes the fund's prospectus:
    "The subcustodians selected and used by the
    Custodian as of the date of this prospectus
    are: the Bank of England, The Bank of Nova
    Scotia (ScotiaMocatta), Deutsche Bank AG,
    JPMorgan Chase Bank, and UBS AG. The
    Allocated Bullion Account Agreement provides
    that the Custodian will notify the Trustee
    if it selects any additional subcustodians
    or stops using any subcustodian it has
    previously selected."


    But note that to notify the trustee is not
    necessarily to notify the investing public
    as well. Is it possible that ETF gold could
    be stored with other custodians without
    immediate notice to investors?


    3) Why is the fund refusing to let its gold
    holdings be fully and publicly audited?


    Walker denies that the fund is refusing full
    and public audits. But then he writes that
    there indeed might not be audits if gold is
    placed with certain subcustodians:


    "If 100 percent of the gold bars are held
    directly by the Custodian, which is the
    current situation, then there is provision
    provided for a 100 percent audit by the
    trust as found in the SEC filings:


    "'The Trustee may, upon reasonable notice,
    visit the Custodian's premises up to twice
    a year and examine the Trust's gold held
    there and the Custodian's records concerning
    the Trust Allocated Account and the Trust
    Unallocated Account.'"


    "However in the event a subcustodian is used
    it would be up to the Custodian to audit
    subcustodians per any audit provisions between
    the Custodian and the subcustodian. Any gold
    held would be in allocated form, thus property
    rights to the gold have been established. Since
    it is intended that HSBC has 100 percent control,
    all gold would be subject to 100 percent audit
    directly by the Trust's auditors."


    4) Is any of the fund's gold being leased, made
    available for leasing, or encumbered in any way?


    The best Walker can do here is assume that since
    no risks of leasing are cited in the fund's
    prospectus, there won't be any leasing. That's
    a big assumption. How much more persuasive it
    would be to get a simple, straightforward yes
    or no directly from the fund rather than a guess
    from an intermediary. Why should such a simple
    question be so difficult?


    5) Exactly what is the fund's relationship with
    the Bank of England, a major lessor of gold?


    Walker's answer is contradictory and
    disingenuous and only validates GATA's concern:


    "The Fund has no relationship with the Bank of
    England. The Bank of England was listed as a
    POTENTIAL subcustodian that the Custodian
    MIGHT use in the normal course of business.
    Certainly HSBC, being the largest LBMA
    member, would more than likely have dealings
    with the BoE from time to time. During my
    conversation with the Fund representative, Mr.
    David Smith, he mentioned that there has been
    talk of discontinuing the BoE as a POTENTIAL
    subcustodian."


    That is, there is no relationship but the fund
    prepared for a relationship and now that people
    are concerned about it, the fund might not go
    through with it.


    * * *


    Let it be said again: The mystery and
    deception carefully woven around the world's
    gold reserves are the foundation of gold
    leasing, the suppression of the gold price,
    and the manipulation of the gold market.


    GATA favors anything that democratizes
    and clarifies gold ownership -- which could
    include an exchange-traded fund -- provided
    that there is every assurance of the security
    and custodianship of the gold involved and
    the fund doesn't become just another
    derivative for market manipulation.


    So far the World Gold Council and its
    associates in the ETF have not provided that
    assurance, and intermediaries making arguments
    for them will not be good enough. Indeed, the
    use of intermediaries by the council and the
    ETF can only tend to confirm suspicions that
    the true answers are not good ones.


    If the World Gold Council wants to speak for
    gold, it will have to speak. It should speak
    not only about its ETF but, more importantly,
    about the open and surreptitious intervention
    of central banks in the gold market, a subject
    about which the council long has been
    deliberately and disgracefully silent.


    In the council's silence, GATA will do its
    best to speak for gold.


    Since the last two weeks have been full of
    anguished public statements by central
    bankers about currency intervention and
    commentary by gold market analysts about
    the likelihood of a sharp decline in the
    gold price, it is absurd for the Bullion
    Desk or anyone to attribute to GATA the
    power to crash the gold market or any
    market. Surely if we had such power we
    would not have just crashed the gold
    market down on our own toes. (More than
    our toes, actually.)


    But let's see if the Bullion Desk is right.
    Here's fair notice: Once we get positioned,
    we're going to see if we can do it again on
    Friday, this time to the bond market, and,
    if that works, on Monday to the South
    African rand!
 
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