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Antal E. Fekete
Gold Standard University Live
aefekete@hotmail.com
Hedging Fraudulent
In earlier papers I have explained that virtually all activities of gold mines
that go under the name "hedging" are fraudulent. To the extent hedges go out
into the future more than one year, or they exceed the quantity of one year's
production, they are naked forward sales, carrying unlimited risk (the
risk that the gold price goes to infinity, as it has in the wake of every hyperinflation).
To understand the motivation to resort to fraud, and to shoulder unlimited
risk to boot, we must remember that the combined short positions in the futures
and derivatives markets on gold greatly exceed monetary gold in existence.
Without compulsively selling paper gold, a short squeeze and even a corner
in cash gold could develop if the longs decided to call the bluff. Thus any
exposure to the short side forces pyramiding to fend off the danger. On the
other hand some shorts, especially bullion banks, have found the creation of ersatz gold
a profitable business. They play a cat-and-mouse game with the longs. They
have fashioned the rules of gold exchanges and ETF's in their own favor in
order to make delivery a cumbersome, expensive, and time-consuming procedure.
As a result the price of gold could be thrown into a hole so that, whenever
it tried to climb out, 'hedgers' and speculators would rush in and club it
down. The shorts can get away with it because the supply of paper gold (futures
and option contracts) as well as unmined gold in the ground is virtually unlimited
and can be mobilized in the anti-gold campaign.
It speaks volumes of the inherent strength of gold that it could climb out
of the hole in 2001 in spite of a terrible assault to push it back. The 20th
century belonged to the enemies of gold. There is no need to make predictions
here about the 21st.
Changing the nature of gold speculation
Significantly, the so-called hedging activity of gold mines has altered the
strategic line-up in the gold market. Speculators have typically been on the
long side. They have photographic memories and recall the propensity of governments
to cry down the value of the national currency in terms of gold from time to
time. The opposite procedure, writing up the value of the national currency
in terms of gold is virtually unknown in the annals of monetary history. Given
mine hedging, so-called, speculators have changed sides and compete with the
mines to sell (paper) gold at the first sign of a bullish move in the price.
The fraternity of speculators conceive of risk-free profits on the short side
of the market as they attempt to forestall the mines. They have abandoned their
traditional haunt on the long side. Peak Gold is a predictible consequence.
Unhedged gold mines, too, feel compelled under the threat of a falling gold
price to produce gold at break-neck speed while neglecting prospecting and
the development of gold properties. Once the producing mines get exhausted,
the supply of new gold will decline.
In summary we might say that fraudulent hedging carries with it its own punishment:
Peak Gold. It leads to ruthless exploitation of gold mining resources, with
no prudent provision for replenishing them through prospecting and new mine
development.
'Give a dog a bad name, might as well shoot him'
It is unfortunate that the perfectly honest and useful word "hedging" has
been allowed to be abused and given a completely distorted meaning. As the
saying goes, 'give a dog a bad name, might as well shoot him!' It is difficult
to explain the distinction between 'hedging true' and 'hedging false' when
the connotation of the word 'hedging' in the minds of the people is unsavory.
It turns them off. Yet the mission of the monetary scientist obliges him to
continue on the path of truth even if it is uphill all the way.
Hedging is a wide-spread practice of producers in all walks of the economy.
To be valid and effective, it must be carried on at two levels: upstream and
downstream. The former refers to the input, the latter to the output of production.
At the input level the producer buys the resources that go into his final product.
At the output level the producer is marketing his final product. The need for
hedging arises as price fluctuations at either level, especially if they occur
faster than adjustments can be made, may cause losses. Thus, worrying about
the downstream, the producer is anxious to lock-in a favorable selling price
as it may become available for his product prior to the end of the current
production cycle. Worrying about the upstream, the hedger aims at locking-in
a favorable buying price as it may become available for a major ingredient
of his product prior to the beginning of his next production cycle.
Upstream and downstream hedging
Hedging is most efficient if it is bilateral. As it has been practiced
in gold mining, hedging is unilateral. It involves forward sales by
way of downstream, to the exclusion of the forward purchases by way of upstream
hedging. It is a caricature of hedging. It pretends to overcome the fluctuation
of the gold price as it affects the output of new gold. I say 'caricature'
because it is counter-productive. Rather than allowing the producer to sell
high while preserving the value of his unmined reserves, it forces him to sell
low, and sell it fast, as the message is that the price is going to
fall, and any delay in selling will involve losses.
Yet, if done properly, either type of hedge should contribute to profitability
as well as husbandry. In combination they are a legitimate form of arbitrage,
provided that the hedges are carried in the balance sheet, and profits (losses)
are reported in the income statement. Hedges carried off-balance-sheet are
not legitimate as they conceal a liability with the result that the income
statement is falsified. Shareholders and creditors are misled. Directors and
managers lock themselves into a fools' paradise. Especially dangerous are downstream
hedges carried off-balance-sheet, for the reason that the short leg (forward
sale) represents an unlimited liability. By contrast the long leg of
the upstream hedge (forward purchase) represents but a limited liability. The
difference is due to the fact that while the price of a commodity can never
fall below zero, there is no identifiable limit above which it may not rise.
Another way of expressing it is to say that the downstream hedge is subject
to a squeeze and possibly to a corner. By contrast, there is no way to squeeze
or to corner a producer with an upstream hedge.
Capital destruction
I must confess that I cannot understand the utter lack of business acumen
on the part of gold mining executives, still less on the part of investment
bankers that finance their activities, in embracing such a contradictory and
self-defeating strategy of marketing gold. They should be interested in maximizing
the price of their product. Instead, they engineer a falling price trend. They
should be interested in maximizing the working life of their gold producing
property. Instead, their marketing policy directly contributes to the premature
exhaustion of the mines. A lot of observers jump to the conclusion that the
gold mines and the bullion banks, in partnership with the government, form
a conspiracy to club down the gold price. Theirs is a hidden agenda. The gold
mine management is interested in defalcation, that is to say, to trick their
stockholders out of their equity. The bullion banks think that they can harness
perpetual motion in the artificially induced oscillating movement in the price
of gold. Governments look at the gold price as a messenger with an embarrassing
message about the depreciation of currency. The messenger had better be shot.
Governments know that a steep increase in the gold price will cause panic.
Such a panic has historically served as the harbinger of hyperinflation. It
must be prevented by hook or crook.
I find this reasoning unattractive. Such a conspiracy can never be proved
or disproved. Governments probably use more subtle methods.
Double standard
Most 'hedged' gold mines are in violation of the important restriction that
downstream hedges must not exceed one year's gold output and they must be lifted
before the end of the fiscal year. Their practice transgresses not only the
limits of prudence, but also the limits of upright business management. A gold
mine selling forward in excess of one year's output is guilty of fraud. It
is concealing a potentially unlimited liability. The accounting profession,
the commodity exchanges, and the government's watchdog agencies have never
offered an acceptable explanation for the double standard they apply, one for
the gold mining industry, and another one for everyone else. While they allow
gold mines to sell forward several years' production, they would immediately
blow the whistle if, for example, an agricultural producer tried to do the
same. It is well understood that forward sales in excess of one year's production
are a predatory practice designed to hurt or destroy competition. It is also
hurting other market participants downstream.
There is no justification for this double standard. It is scandalous that
the government grants legal immunity to gold mines using fraudulent hedges.
Worse still, the fraud is facilitated by central banks willing to lease gold
which, as the bank well knows, the mine will sell for cash. Central banks are
accomplices in the scheme of fraudulent hedging since they report gold that
has been leased and sold as if it were still sitting in their vault. It is
a form of double-counting gold by modern accounting techniques.
Selling forward more than one year's output is no hedging. It is outright
speculation on the short side of the market in anticipation of a decline in
the gold price. Not only is such a 'naked bear speculation' illegitimate as
it falsifies the balance sheet and conceals an unlimited liability, but it
also makes the prospectus meaningless. There is no mention in the prospectus
of any intention to indulge in short selling that inevitably results in the
premature exhaustion of ore reserves and in the dissipation of the most valuable
resources of the mine at artificially low prices. On this ground alone the
gold mine is open to class action suit by the shareholders. (I am grateful
to Tom Szabo of www.silvewraxis.com for pointing out that the double standard
is repeated in case of a number of other industries, see FASB Statement No.
133. He also mentions that Barrick's Gold Sale Contracts have been exempted,
along with others, from the regulation as "cash-flow hedges" and thus have
no required financial statement inclusion).
Shareholders being hit three times
Furthermore, naked bear speculation makes no economic sense for the mine.
By virtue of its net short positions the gold mine assumes a vested interest
in a lower and falling gold price which clashes with its main mission of selling
newly mined gold at the highest possible price. Such division of loyalties
is inadmissible for a firm commissioned by its shareholders to convert wealth
represented by ore reserves into wealth represented by bullion in a most advantageous
manner. The managers of the 'hedging' gold mine have a schizophrenic stance
as they are prompted to pray for a higher and a lower gold price all at the
same time. No enterprise with a schizophrenic management team can survive the
vicissitudes of market competition and shareholders' ire for long. Shareholders
get hit three times through the schizophrenic action of the managers. First,
income is shaved every time the gold price is forced lower through short selling.
Second, capital is being destroyed as the falling gold price makes payable
ore reserves to disappear (i.e., become non-payable). Third and most serious
is the fact that the richest ore reserves are being frittered away for a pittance
at the artificially suppressed gold price, thereby materially shortening the
working life of the mine. Naturally, the share price will show not only the
shaving of income and destruction of capital, but the premature aging of the
gold mine as well.
Paper profit no profit
Advocates of this senseless practice, in particular, the officers of Barrick
Gold argue that these losses are more than compensated for by the extra income
the firm generates from 'investments' made with the proceeds of forward sales.
But insofar as this extra income is encumbered with unlimited liabilities represented
by the fraudulent downstream hedge, it consists of paper profits that should
not be paid out in the form of dividends. In fact, they should not be reported
as profits in the first place. "There's many a slip between cup and lip", as
the proverb says. Hidden liabilities may force the firm out of business before
it has a chance to realize its paper profits. The practice of window-dressing
income statements using unrealized paper profits, especially as they are encumbered
with unlimited liability, is blatant fraud and no amount of sophistry or government
connivance will change that fact. It is the height of insolence on the part
of management to treat shareholders as simpletons unable to understand the
difference between paper profits on an open forward sale contract, and profits
that have been consummated by having them closed out.
Bilateral hedging
Apologists for the practice of naked bear speculation by gold mines try to
push the blame on to the banks. They point out that mines could not get financing
unless they heeded the bid of banks to sell forward several years of output
as collateral for the loan. Let us leave aside the fact that the banks in setting
conditions involving fraud become partners in crime. It is possible that they
enjoy the same immunity from criminal prosecution as the mines. Even then the
argument is not persuasive. The banks are not micro-managing the mines. The
responsibility for fraudulent forward sale of several years of output rests
with mining management. It could have used true hedging to satisfy the
banks.
In the third, concluding part of this series I shall describe in full details
bilateral hedging. It is proper hedging that gold mines can practice without
harming anyone. It involves upstream hedging that consists of forward purchases
of gold, to compensate for the forward sales of downstream hedging. This reveals
that the compensating long leg of Barrick's straddle is missing. Therefore
the so-called hedges of Barrick constitute no valid arbitrage. They are merely
tools for illegitimate naked short speculation. They invite severe punishment
in a bull market. By contrast, bilateral hedging is for all seasons. The mine
prospers in a bull market as well as in a bear market.
A unilateral short hedge can always be converted into a bilateral hedge through
adding a compensating unilateral long hedge. Forward sales should be matched
by forward purchases. A bilateral hedge is the combination of a downstream
and an upstream hedge. It is a legitimate hedge, as forward sales are compensated
by forward purchases. It never gives rise to unlimited liability.
For example, an upstream hedge is created by the gold mine when a sudden fall
occurs in the gold price. Since management is on the look-out for new gold-bearing
properties to buy, in order to replace ore reserves that are being exhausted
by its mining activities, the sudden fall in the gold price represents a godsend.
Yet the opportunity is ephemeral. The falling gold price knocks down the value
of gold-bearing properties and that of the stakes of prospectors. However,
the opportunity to buy the property or the stake at such an excellent price
is likely to elude the gold miner who has to go through the lengthy process
of searching the title and checking the quality and quantity of gold ore in
the ground. By the time this process is completed, the gold price might have
surged forward making the opportunity to add to ore reserves at a reasonable
price disappear.
To lock in a favorable price is possible nevertheless through the forward
purchase of gold. The miner creates a straddle or upstream hedge, the long
leg of which is a long position in the futures market, while the short leg
is the gold-bearing property under negotiation. Care is taken to match the
value of the property with the number of futures contracts to purchase. When
the deal is closed out and the property is bought, the long leg is lifted and
the upstream hedge unwound. The point is that the miner is under no time pressure
to close out the deal prematurely. Even if eventually he is paying more in
consequence of the surging gold price, the miner is compensated for that by
profits on the long leg of his straddle. It is true that there would be a loss
on the long leg if the gold price fell further. This is no problem, since the
lower price paid for the gold-bearing property will take care of that loss.
Adding the upstream hedge converts unilateral into bilateral hedging. It makes
the illegitimate forward sale of several years' mine output legitimate. The
short leg of the downstream hedge is compensated for by the long leg of the
upstream hedge. The forward purchase removed the unlimited liability that was
created by the forward sale of gold. The fraternity of gold speculators will
return to their traditional haunt, the long side of the gold market. Gold investors
are not hurt by the hedging activities of the gold mines, provided the hedges
are proper.
Figuratively we may describe the proper hedges of a gold mine as a four-legged
straddle. Two legs are in the upstream and the other two in the downstream
market. The short leg downstream (forward sales) is counter-balanced by the
long leg upstream (forward purchases) - just as the long leg downstream (gold
in the ground about to be mined) counter-balances the short leg upstream
(gold property about to be acquired).
The gold mine is uniquely positioned to take advantage of the fluctuating
gold price through buying and selling gold futures virtually risk free.
Bilateral hedging may increase the profitability of a gold mine manifoldly.
Gold Standard University Live
Gold Standard University Live has just completed its Session Two at the Martineum
in Szombathely, Hungary. Session Three is planned in Bessemer (nearest airport
Birmingham), Alabama, U.S., in February 2008. It will feature a one-week course
entitled Adam Smith's Real Bills Doctrine. An advocatus diaboli from
neighboring Mises Institute will be invited to come and challenge the wisdom
of Adam Smith.
The session in Alabama will also feature a blue ribbon panel discussion on
the subject of True Hedging for Gold Mines. Representatives of hedged
and unhedged gold mines will be invited to participate. The present series Peak
Gold! is a primer on true hedging, and a book is planned that would cover
the proceedings of the conference.
For the benefit of prospective participants from Europe, Session Three may
be repeated at the Martineum in early March, 2008, provided that a sufficient
number register.
This is a preliminary announcement only. Stay tuned. For more information
please contact: GSUL@t-online.hu
Stop the Press!
There is wild speculation in Newmont stock on rumors that it is a candidate
for a hostile takeover by Barrick. Barrick has denied the rumors; Newmont refused
to comment. (Reuters, August 28). So it boils down to the question whether
you can believe Barrick. A penny for my thought? Newmont is worth far more
under its present management that has courageously unhedged it, than it could
ever be worth under the management of Barrick, which is grieviously lacking
both in courage and vision. Barrick is still wedded to its idiotic hedge plan,
stewing in its own juice as a consequence. Newmont could introduce bilateral
hedging, the only true hedge plan for a gold mine, to be described more fully
in the next instalment of Peak Gold! I cannot help but think that Barrick
is acting out of desperation, in trying to dilute its hedgebook through hostile
takeover of unhedged mines. For the latter, it is a kiss of death. Where is
Homestake, the legendary flagship of the American gold mining industry?
Barrick's management could spend its money far more efficiently if it bought
back its hedge book, rather than buying out Newmont, which has a vision Barrick
is sorely lacking. What are we to make of Barrick's masochistic prognostocations
of a higher gold price both in the short and long term? Company spokesman Vincent
Borg is cheering shareholders that they can expect to derive further leverage
as Barrick will continue to expand margins. The only fly in the ointment is
that it may not be Barrick, but its successor picking up the goodies from receivership,
who will reap those benefits.
The key risk for Barrick at this point is in the future course of gold lease
rates. This much was admitted in the company's 2006 Annual Report. It is true
that they do have some lease rate swaps. However, these do not protect them
against gold going into backwardation as a result of gold lease rates significantly
exceeding U.S. dollar interest rates. Another way of saying this is that Barrick
would be in a heap of trouble if gold demand greatly exceeded available lease
supply. There is no way to hedge against this. The key to Barrick's fate can
be gleaned from the second paragraph on page 54 of its 2006 Annual Report.
It was this statement - clinging to the hope of maintaining the status quo
on the future availability of leases - that convinced me Barrick was going
to be in a huge amount of trouble if it did not amend its ways, and soon. Judging
by its insistence on the self-anointed brilliance of the remaining "Project
Gold Sales Contracts" (having closed out, for the most part, its "Corporate
Gold Sales Contracts"), Barrick has earned the title of THE tragic figure of
gold mining: a latter-dayTantalus: hungry and "tantalised" by the sight of
most gorgeous foodstuffs floating by he mustn't touch.
Barrick has staked its very existence on a continuing surplus of leasing over
hoarding - at best a dubious assumption. Thus Barrick has made itself into
the corporate antithesis of the monetary ascendence of gold.
My fears have been sadly confirmed. Barrick does not have and is unable to
raise the money to buy back its hedge book, but it apparently tries to wriggle
off the hook through acquiring more unhedged companies. It would pay for the
acquisition with Barrick stock. No, not again! Stockholders of Barrick are
to be barricked to death!
If the rumors are true, the takeover drama is not without its humorous aspect.
The poison pill of unilateral hedging that has been swallowed by Big Fish by
now it is causing indigestion and cramps. Now Big Fish wants to feed on fish
that have just regurgitated theirs!
References:
A. E. Fekete, Peak Gold! (Part One), www.safehaven.com,
August 17, 2007
A. E. Fekete, Have Gold Bugs Been Barricked by the U.S.? www.gold-eagle.com,
July 12, 2007
A. E. Fekete, Gold Vanishing Into Private Hoards, www.safehaven.com,
May 31, 2007
A. E. Fekete, To Barrick Or To Be Barricked, That Is
the Question, www.safehaven.com, August
10, 2006
A. E. Fekete, The Texas Hedges of Barrick, www.goldisfreedom.com,
May, 2002
Charles Davis, So Big It's Brutal, Report on Business,
The Globe and Mail: Toronto, June 2006, p 64.
Bob Landis, Readings from the Book of Barrick: A Goldbug Ponders
the Unthinkable, www.goldensextant.com,
May 21, 2002
Richard Rohmer, Golden Phoenix: The Biography of Peter Munk,
Key Porter Books, 1999
Ferdinand Lips, Gold Wars, Will Hedging Kill the Goose
Laying the Golden Egg? p 161-167, New York: FAME, 2001
Antal E. Fekete, Towards a Dynamic Micreoeconomics, Laissez-Faire
(Universidad Francisco MarroquĂn, Guatemala City) No. 5, September, 1996, pp
1-14)
George Bush's "Heart of Darkness" - Mineral Control of Africa,
Executive Intelligence Review, January 3, 1997, see in particular:
Barrick's Barracudas
Inside Story: The Bush Gang and Barrick, by Anton Chaitkin
George Bush's 10 billion giveaway to Barrick, by Kark Sonnenblick
Bush abets Barrick's Golddigging, by Gail Billington
See also: http://american_almanac.tripod.com/bushgold.htm
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