Will Kitco Sue Me?!
(Bring it! Perth Mint's $715 million
precious metal liability revealed!)
Silver Stock Report
by Jason Hommel, May 16, 2008
How Desperate is Kitco?
Kitco's President, Bart Kitner, sent to me by Federal Express, a letter
which I got today, in which he demanded and threatened the following:
May 8, 2008
Mr. Jason Hommel
As I'm sure you are well aware, trust and confidence are the two most
important attributes a precious metals company must earn from its
customers and potential customers in order to build and maintain a
successful enterprise. I have invested the last 30 years building
the finest reputation for Kitco.
The libelous public allegations you published on the Internet on March
26, 2008 and April 1, 2008 have compromised these efforts and have
resulted in financial damages. It is my intention to hold you
responsible for the damages and loss to our reputation that these false
and injurious statements and accusations have resulted in.
Every single ounce of metal that Kitco holds in an unallocated pool
account on behalf of its customers is backed up by actual real
metal. Providing all of the authenticated documentation needed to
prove this fact in a court of law will be a simple task for us. As
approved dealers of the Perth Mint who sell their certificate program, we
would not risk our own reputation of carrying their product if I thought
there was any possibility that they were not acting responsiblyl.
There is no shortage of evidence and first hand witnesses to prove the
information you have published as facts or theories have been
invented. Kindly refer to the attached copy of an email sent by the
Perth Mint to all of their Approved Dealers in February 08 as some such
To avoid becoming the defendant in a defamation lawsuit, I expect to
see you publish a full apology and retraction using text that meets our
approval. If I don't receive a response from you or a representative
of yours within ten days of delivery of this letter, then we will begin
legal proceedings. That should give you enough time to do some
research and get the facts. If you were hoping to gain publicity
from this I can assure you that will not happen. Kitco will never
publish anything negative that mentions your name or the name of your
In summary, I am offering the opportunity to choose between a
retraction/apology and a defamation suit.
Please govern yourself accordingly.
KITCO METALS Inc.
Bart D. Kitner
Attachment is a copy of an email from Perth Mint to distributors.
From: Nigel Moffatt
Sent: Tuesday, February 19, 2008
Kitner, (and about 10 others)
XXX XXX XXX
Treasurer and Manager,
Perth Mint Depository
Content deleted by me, in respectful observance of the following
"This email, together with any attachments, is intended for the
addressee only. It may contain confidential or privileged
information. If you are not the intended recipient of this email,
please notify the sender, delete the email and attachments from your
system and destroy any copies you may have taken of the email and its
attachments. Duplication or further distribution by hardcopy, by
electronic means or verbally is not permitted without permission.
While every care has been taken, The Perth mint cannot be held
responsible for any statistic, statement or representation made in this
email. The perth Mint cannot accept liability for any loss
suffered as a result of any action of any kind whatsoever taken by any
perons based on information in this email.
This then, is my official reponse.
Bart Kitner, this is not
about a dispute between me and you. This is about my concern
for some of your customers, and how Perth Mint is treating their
customers, because some of your customers and the Perth Mint's
customers are some of my customers.
Bart Kitner, you took about a month and a half to respond to my
emails. Why so long? It takes me mere hours to respond to
events in the marketplace. I can only assume you consulted with
lawyers, who told you that there are no libelous statements in my emails,
and that they would not take your case, nor write any sort of "cease and
desist" or "retraction demand" letter to me on your behalf.
Checking the dates you used in your letter, I assume you refer to
the following reports:
Perth Mint and Kitco Scheme Exposed
March 26, 2008
Silver Shortage Drives Men Nuts
March 31, 2008
I re-read my reports, and I cannot find any
allegations made by me about Kitco whatsoever, let alone any libelous
ones. Therefore, since you don't list any libelous allegations, I'm
at a loss to know what to retract.
So if you want me to say
something, you are going to have to be more specific.
find it odd that you would rely on an email from the Perth Mint as
"evidence" that says specifically to not rely on it. That
email's disclaimer is precisely what is wrong with the Perth Mint.
If they want to issue reassurances to the public that they have silver
available, then I would think they should do that publicly, and not
through a private and confidential and unreliable email to you, that
you shamefully leaked to me.
If the Perth Mint wants to leak rumors
to the Internet, my reports are not the forum for that. You, at
Kitco have your own forum where you can leak all the rumors you
And if the Perth Mint wants to buy advertising space in my
newsletter, they are free to do so.
Further, I don't see how you
could possibly sue me for any damages, since the Perth
letter specifically says that they want to slow down people
buying silver in their programs. So, if you allege that fewer people
have been buying silver through Kitco and Perth because of me, then [(edit): you would be alledging that] I've
succeeded in doing exactly what Perth wants you to do!
I find your first statment both shocking, and telling:
I'm sure you are well aware, trust and confidence are the two most
important attributes a precious metals company must earn from its
customers and potential customers in order to build and maintain a
In point of fact, no I'm not aware of that
at all. If I was asked, I would have assumed that trust and
confidence were the last things needed by a precious metals company.
I would have thought a reputation for honest weights and measures, and
thus truth would be far more important, and these are the things I strive
to cultivate in my business. I routinely tell people to not trust
me, but to do their own research to confirm the things I say. The
entire point of precious metals ownership is that no trust is required,
since once you have the metals in your hand, you don't need to trust
anyone's promise anymore, so I'm utterly shocked that you would think that
trust and confidence are so important, unless your business
model primarily requires people trusting you to hold their metals for
them, which, by this admission, I suppose it does.
You know, if you
really want to show people that you have silver, in today's modern age of
communication, you don't need to rely on trust and confidence anymore at
all. You can prove your faithfulness very quickly and easily in
about 5 minutes. Just take a cell phone or video camera into the
vaults and show all the silver that you have, and the upload the video to
youtube.com and then post the link at your website. I would think
that could easily answer all questions about your
While we are communicating, you might want
to ask Jon Nadler to cut out the snide remarks towards investors who
believe in taking delivery of silver, and towards advisors who advise
taking delivery of the precious metals. That does not help your
cause, but rather, exposes you.
meantime, I have further evidence about the Perth Mint that you may wish
to consider, such as emails from my readers, which are "consumer reports"
which I have the free right to publish in a land of free speech:
I tried to buy silver today in Melbourne
Australia,nothing at all.Ive been trying for a few weeks,The Perth
mint has had nothing at all in the way of bars either,and can not tell me
when they will have.Very suspect.any ideas?I enjoy your emails
I told you that I had been trying to convert
my 31,000 oz of unallocated silver at Perth Mint to allocated silver since
the middle of March, and you asked to be told when this happened. The
answer is the 7th of May. Mind you, I was pretty forceful with their agent
so perhaps they made an exception to shut me up. So it took seven weeks of increasingly acerbic emailsfrom me to buy
what they claim to be selling.
Keep up the good work and God
(Jason notes: Holy
smokes! It took 7 weeks just to move unallocated silver to allocated
silver? And you didn't even take delivery?
Hi Jason, Just dropping
a line to confirm all that you say about the silver shortage. I together
with some friends have recently invested quite a substantial amount of
money into silver and gold at the Perth mint. However,
Iím awaiting a small delivery ($40 000.00 Aus$) for silver bullion for 6
weeks now and still no clue when the order will be ready. Love the product
and quality of the Perth Mint is good, but just thought I will confirm
what youíve been saying all along, God only help them if we decide to
transfer our certificates into physical bullion. Regards Mark, Perth, Western Australia. P.S. Thanks for a
wonderful web site.
Here is a Perth Mint update -- both pro and con-- by an actual, 'long
term' customer this past month.
Since 2005, I was/am a Perth MInt Certificate holder of around 24,000
unallocated ounces of silver, and some gold. I always intended to
take delivery at some future point, because I believe that due to possible
physical shortages of silver, actual holders of physical, deliverable
metal will be able to get higher prices than holders of 'paper
About six weeks ago, partly due to Ted Butler and Jason Hommel's
alarming articles, I asked about taking delivery. Everyone associated with
the PMCs was assuring me the program was extremely safe, government
backed. ASI urged me to sell the PMCs instead of taking delivery,
because fabricating and shipping (to a European location) would be very
expensive and time-consuming.
(Yes, it is expensive -- but not even 1/3
the cost of paying long term capital gains on bullion at 28%, which nobody
tells you is due when precious metals are sold!)
However, what convinced me to take delivery was discovering that the
Perth Mint had just discontinued making 100 oz. bars of silver, claiming
there was little demand, except from a few Americans.
And... to take delivery from unallocated metals requires that the
'pooled' metal be separated out and fabricated into your choice of coins
or bars. These fees used to be quite reasonable. They have just
Currently, the silver choices are 1 oz. coins (which now cost around
$5.00 to fabricate, up from $3.00) 10 oz. bars, 1 kilo bars, and then no
intermediate sizes until the 1000 oz bars (which require about $17,000 to
buy at current POS). The fabrication fees to turn those unallocated
oz. to deliverable 1000 oz bars has quietly TRIPLED since mid-January 08
-- from $85 each to $270 each (27 cents per ounce. )
Gold fabrication fees have increased as well.
These new high fabrication fees ( and the eliminating of a silver 100
oz. bar choice) have the accidental -- or not -- effect of making it more
inconvenient and expensive to take delivery of PMC silver, especially
smaller amounts of silver between 100 - 1000 oz.
Another curve ball -- since Federal Express won't ship items in the
USA over 80 lbs., 1000 oz bar deliveries in the USA have to be made by
armored carriers, which cost a lot more-- and they won't go to
private homes! So if you intend to take delivery in the US you will
pay heavily, either by higher proportional new fabrication fees for coins
or 1 kilo bars, or paying for armored trucks and a bank deposit box to
deliver 1000 oz bars.
The Perth Mint now only uses an expensive private carrier for
shipping, because they say that Fed Ex has lost some shipments.
Or you have to make your own arrangements -- we saved about $2,000
by contacting an international bonded PM shipper, but it took several
international phone calls and faxes to different time zones.
Here's the good news! Once I proved determined to take actual
delivery, Glen Kirsch, one of the designers of the Perth Mint
Certificate Program, and executive V.P. at Asset Strategies International,
helped me through the entire complex process with courtesy and
gracious good humor.
silver was fabricated and safely delivered within six weeks, with no
problems or excuses.
And it could have been sooner if I had simply used Perth Mint's
coordinating the various paperwork and shipping aspects took a lot of
time and attention.
I also switched my unallocated pool gold at the the Perth MInt to
allocated storage and am storing a numbered gold bar at their facility.
(To ship that with the silver or separately would have cost around
If your clients want to participate in potential precious metal price
gains, and want to eventually sell for cash, without taking delivery of
any metal, then the PMC program seems like an excellent choice.
If they want to hold metals intending to eventually take delivery
with a PMC, then they need to know that the guidelines and fees for
fabrication and shipping can rapidly change -- and it has recently become
a pricey and ponderous process -- but my experience has proved it CAN be
It might be far easier to buy bullion from a reputable dealer like
Glen Kirsch at Asset Strategies International
and store it where you want.
Glen Kirsch has my highest recommendation.
latest to Bill Murphy
Hi Bill -
Very good article on the Royal Canadian Mint gold and silver leases
by Vince Byfield:
If we apply similar ratios of gold vs
silver leases to the Perth Mint situation the size of the problem is
example, the Perth Mint claims to have AUS $715,000,000 (about US $622M on
1/1/08) of precious metal leases on page 65 of the 2007 annual report: http://www.perthmint.com.au/about_us_the_perth_mint_annual_reports.aspx
The Perth Mint says most of these
leases are to AGR Matthey for inventory purposes BUT AGR Matthey has a
"Treasury" function which facilitiates:
- Sales and Purchases of
- Location Swaps
- Leasing, Consignment
Stock and Funding Facilities
- Price Hedging
If we apply the same gold/silver
ratios to the Perth Mint as was discovered in the Canadian Mint leasing
operations the conclusions are almost 4x as large.
Total $ Leases
Silver oz Leased
Gold oz Leased
I had the Kitco leases to add to these but those are under "Super Secret
Security" ( as the Mogombo Guru would say....aka "SSS") by Kitco's "#1 Man
of Mystery"....Mr. Jon Nadler.
Of course, these are very rough estimates and does not provide
concrete evidence that any of these leased oz are being used in the
suppression operations of the manipulators BUT it does provide better
clarity in the very cloudy practice of precious metal leasing.
Now let's look at WHO may be
responsible for the size and scope of the unallocated metal leasing
scam....WELL THERE HE IS AGAIN!
Looks like our friend Jon Nadler has talked The Royal Canadian Mint
into setting up their own "Unallocated Pooled Accounts" also!
Well we know ole' Jonny boy got his
feet wet on gold market manipulation from HSBC and Bank of America before
he brought his
"Unallocated Pooled Account" program to the Perth Mint,
then Kitco, and now The Royal Canadian Mint.
No wonder their gold leasing is going
through the roof at the Perth Mint and the Royal Canadian Mint...and
likely at the privately held Kitco!
VERY, VERY interesting to note that Mr. Nadler also "consulted on
marketing and product development issues" for The US Mint.... NOT THEM
The insanity never
Oh, and Bart, while you are investigating
these things yourself, can you ask the Perth Mint what their $715 million
precious metal liability is all about, on page 65 of their 2007 annual
assume that this precious metals liability denominated
in Australian dollars will grow as the prices of precious metals
increase, and that's why they are asking you to not promote silver
anymore. But that's just a guess, and I'm making no
allegation. Don't trust me, click on the link to verify, and use
your own head to come to your own conclusion.
In case you miss an email,
check the archives:
You can buy silver in
lots of 100-500 oz. at my auctions at www.seekbullion.com
Auctions end M-Th, Sat, At 7PM Pacific, but you can place bids anytime, 24/7.
Wires only. USA Shipping only.
You can also buy silver at www.momsilvershop.com
ship overseas, and also in lots of more or less than 100
See us also at:
4870 Granite Drive, Rocklin, CA 95677