Sen. Bernie Sanders has joined the increasing call for a crackdown on speculation in the oil markets. His letter to Barack Obama, which I’ve added at the end of this post, calls on the President to inform the Commodity Futures Trading Commission that they must impose strict limits on oil speculation, which is required in the Dodd-Frank law. He also wants Obama to ask for the immediate resignation of any CFTC commissioner who won’t impose these position limits on oil trading.
The position limits were supposed to be put into effect on January 22 of this year, but CFTC delayed their rule for a year. They also weakened the limits so that one speculating Wall Street firm could control up to 25% of the oil spot market, and four of them could corner it. There are not currently the votes on the CFTC to reverse this and change the position limits. Sanders writes:
Three out of the five commissioners at the CFTC must vote to approve strong oil speculation limits before they can take effect. It is clear right now that there are only two commissioners who are willing and able to do what the law requires to significantly limit oil speculation and bring down gas prices at the pump.
There’s been at least some question among regulators whether speculation can account for the rise in oil prices. The Federal Trade Commission wrote a report yesterday saying that market forces were the major cause for the run-up. And The Atlantic’s Derek Thompson created a chart based on expert opinion showing speculation accounting for only a sliver of the run-up in prices.
But I’m going to believe Goldman Sachs over those two sources. After all, it’s their business to know. Here’s what they said this month:
Goldman Sachs rocked oil markets for a second day Tuesday by calling for a nearly $20 fall in Brent crude oil, saying speculators had pushed prices ahead of fundamentals. It was the second warning of a steep market reversal from the long-term commodity bull in as many days. On Monday, Goldman recommended clients close a trade heavily weighted toward U.S. crude futures [...]
On Tuesday, Goldman chief energy analyst David Greely said the recent run-up in prices, in which Brent rallied as much as 33 percent since the start of the year, looked overdone.
“While prices are back at levels of spring 2008, supply-demand fundamentals are significantly less tight,” Greely said in an April 12 note emailed to clients [...]
Goldman analyst Greely said that while unrest in the Middle East and North Africa remains a risk to oil markets, with Libyan exports already largely cut off, the price had been pushed too high by the large number of speculative traders currently long crude oil.
“Both inventories and spare capacity are much higher now and net speculative positions are four times as high as in June 2008,” Greely said.
There are definitely gluts in oil supply in the United States, though pipeline bottlenecks are not allowing it to get out as quickly as needed. The US Energy Information Administration says clearly that supply is higher today than it was last year, when gas cost on average over a dollar a gallon less. There’s surplus oil everywhere at a time when prices are skyrocketing. Speculation is a very good explanation for this. Market forces aren’t. As Sanders’ office told me, “When even Goldman Sachs says that excessive speculation is responsible for 20 percent of crude oil prices, you know Wall Street is jacking up the prices.” This averages out to at least 70 cents a gallon going directly to Wall Street. Others put the number for speculation at 50%.
Now, there are definitely other factors. Oil rises on global supply and demand, and emerging markets have sought more product. In addition, many wells have peaked their production around the globe.
The record profits shown by oil companies this week have been so high that they apologized for them. Firms like Exxon say they have no control over oil prices. According to Sanders, speculators do. And that means regulators can put a stop to it.
The full letter is below.
Dear Mr. President:
As you know, the skyrocketing cost of gasoline is causing severe economic pain to millions of Americans who have already suffered through the worst economic crisis since the Great Depression.
In Vermont , where it is not uncommon for people to commute 100 miles to work and back five days a week, the increased price of gas is taking a serious bite out of the paychecks of middle class families, many of whom are already working longer hours for lower wages. We have a responsibility to do everything we can to lower gas prices so that they reflect the fundamentals of supply and demand and bring needed relief to the American people at the gas pump.
Let’s be clear. There is mounting evidence that the skyrocketing price of gas and oil has nothing to do with the fundamentals of supply and demand, and has everything to do with Wall Street firms that are artificially jacking up the price of oil in the energy futures markets.
In other words, the same Wall Street speculators that caused the worst financial crisis since the 1930s through their greed, recklessness, and illegal behavior are ripping off the American people again by gambling that the price of oil and gas will continue to go up.
According to the Energy Information Administration, the supply of crude oil is higher today than it was last year when gas prices averaged $2.81 a gallon, while the demand for gasoline is lower today than it was last year. Based on supply and demand fundamentals, prices should be going down, not up. Instead, gas prices have gone up by over a dollar a gallon since last year.
According to Goldman Sachs, 20 percent of the price of crude oil is due to excessive speculation. Other experts believe that excessive speculation is driving up crude oil prices by 50 percent. This means that Americans are paying a Wall Street premium of between 70 cents and $1.63 a gallon every time they fill up their gas tanks.
This is simply unacceptable. What is particularly offensive is that this could and should have been prevented under current law.
The Wall Street Reform and Consumer Protection Act that you signed into law last summer required the Commodity Futures Trading Commission (CFTC) to impose strict position limits on the amount of oil that Wall Street speculators could trade in the energy futures market no later than January 22, 2011.
It is now April 28, 2011, and the CFTC has still not imposed speculation limits on oil trading in direct violation of both the letter and the spirit of the Wall Street reform law.
Since January 22, 2011, when these speculation limits were supposed to go into effect, until today the national average for a gallon of gas has gone up by more than 80 cents a gallon.
Instead of putting strong speculation limits in place in January of 2011 as required by law, the CFTC proposed a rule on position limits that wouldn’t go into effect until late January of next year. Adding insult to injury, these position limits are so ineffective that they would allow just one Wall Street firm to control 25% of the entire U.S. crude oil spot market or four firms to control 100% of this market without violating the regulations.
Three out of the five commissioners at the CFTC must vote to approve strong oil speculation limits before they can take effect. It is clear right now that there are only two commissioners who are willing and able to do what the law requires to significantly limit oil speculation and bring down gas prices at the pump.
I urge you to make it clear to the CFTC that they must obey the law and establish strong oil speculation limits as soon as possible. I would also urge you to ask for the immediate resignation of any CFTC commissioner who refuses to obey the law and nominate someone else who will.
We cannot allow Wall Street speculators to rip off the American people at the gas pump for one more day and the American people cannot wait another eight months to go by before any limits on Wall Street oil speculators go into effect.
Thank you for your attention to this important matter. I look forward to working with you on this issue.




25 Comments

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Here, here. Well written. No job or housing recovery without this speculation being addressed. Its an antitrust anti free market issue at heart.
If and when the rules change on speculation, this will definitely leave some speculators high and dry, however they are causing the pain, they started it.
Let only those who take delivery of oil use the futures markets for purchases.
why not call it what it is?
it’s a private tax.
L
probably pretty easy to work around this.
They did the same thing last year, with basic foods.
which probably resulted in the middle east “spring”.
and a lot of people suffering malnutrition, and starving to death.
but, that’s just being a savvy businessman these days.
Speculation is the symptom. Bernanke’s cheap dollar policy is the cause.
Reminds me of the claim of best year ever after the oil spill…All depends on where one sits…
Now does Bernie really expect the black mascot for the Wall street Oligarchy to do something on behalf of ordinary Americans…I don’t think there is any chance by a long shot.
There is no clearer example of “moral hazards” created by corporate aristocrats on Wall Street. Seems all roads intersect @ GS? From the futures traders driving up energy prices, to the packaging and marketing of CDO/MBS, sold after a triple “AAA” by rating analysts failed to pan out, while GS insured leveraged failure with AIG? Now we continue to see an increase in the price of energy with a disconnect, demand vs supply. No fix here? Teddy R. Where the hell is your big stick, now! Someone needs to whack these yuckers. Hope they do not flop like dying fish and Montreal Canadian(s) after a clean hockey hit?
Absolutely it’s speculation. But the dog forbid that we serfs tug our forelocks and beg: please please pretty please can ya stop speculatin’, plese oh MOTU???
Our libertarian “friends” will come along shortly to chide us for not letting the market be all free & unfettered bc after all the fanciful fairy tale “market” will just “respond appropriately” to so-called “supply & demand” and “self-regulate.”
Yeah, right. Pull the other one, sparky….
But, but, but, if one analyst at Goldman Sachs says the oil prices are too high, doesn’t that by definition mean that another guy at GS on the other side of the building is betting that the prices go down?
Perhaps GS made money on the upside by ratcheting up the negatives, and now that prices are peaking, GS would make money on the downside by shorting their bets.
If the past is an indicator of the future, when dealing with GS, an investor has to beware of at least the potential of getting screwed over by GS. Caveat emptor!
Oh my, how very socialist/fascist/Kenyan/something or other of you to suggest that somehow the fabulous “free market” is not presently, you know, “self-regulating.”
WHOT? Ya mean the fix is in?? By the upper 1% as represented by the Goldman Sacks? Who’da thunk Goldman couldn’t be trusted???
The truth shall set you free…
… sadly at this point, you’ll still be ripped off a King’s ransom for gasoline at the pumps (for no reason other than to enrich the coffers of the greedy selfish upper 1%).
Sanders Wants Crackdown on Wall Street Speculation on Oil Prices
And I want a magical, fuchsia pony. I think both things are about as likely to happen.
has anyone closed the enron loophole yet?
If the people I read are correct, the root of much of this commodities inflation is Bernanke, who keeps stuffing money into the big finance companies who send on the largess to their trading desks. http://www.zerohedge.com/article/excessive-leverage-helped-cause-great-depression-and-current-crisis-government-responds-crea
I mean, does anyone imagine these transfers from public to private are the rising tide lifting all boats? A river of money is flowing into private companies who are trading where they get the best return, for christ’s sake.
Oh yesssssssssss that same “free market” that killed what, 500,000 Americans yearly via addiction to tar and nicotine? Now we get to pay for the “COPD” of older Americans, under fear of tax penalty, an insurance mandate, while tobacco corporations claimed “free market,” and “freedom,” for those addicted to their disease causing products, while laughing all the way to the bank? Yup we know what freedom is all about. To bad we fail to understand the meaning of the word, servitude? No scam here.
What the heck, seize the unFederal unReserve and do the prosecutions of the bankstas that should have been done years ago. This is just more of the laughable chaff of ‘Obama, Holder Declare War On Oil Traders, “Speculators”‘ (Apr. 21, 2011).
What good does one get in a rising tide when a boat is moored by a mooring rope shorter than the rising tide? The boat still sinks, unless someone cuts the rope. It is more like being buried in beach sand up to your neck, with a rising tide? Building a house foundation on quicksand or walking on melting ice? A losing proposition for Americans no matter how you cut it!
I would have like the letter to mention that not only Goldman Sachs is one of the speculators who is in on this scheme but so are the other Too Big to Fail banks are doing it as well and with US taxpayer dollars through TARP.
i’m sure the dems will get right to it… as soon as they finish reading levin’s senate committee report:
The Role of Market Speculation in Rising Oil and Gas Prices: A Need to Put a Cop on the Beat – June 27, 2006
/s
Bernie’s right. Since there is going to be abuse, the least the government can do is try to make sure the abuse is limited a bit. Or not. Government for the people was never meant to be more than a slogan…
Goldmine Sachs is probably undervaluing the speculator premium in oil but the main question for them should be the size of their short position. If they were all long they and their stooges would be trumpeting the opposite.
These guys would do well to read up on the French Revolution. Speculation was a big issue. Just saying.
“He also wants Obama to ask for the immediate resignation of any CFTC commissioner who won’t impose these position limits on oil trading.”
Sometimes I wonder about Dem folks in office – indeed a lot of times.
The Commission consists of five commissioners appointed by the President, with the advice and consent of the Senate, to serve staggered five-year terms. Three of the five are Bush appointments.
Just how does Obama react when he asks 3 Bush appointees to resign and they give him the finger, and the media finds he can do nothing about getting the finger in his face – and that asking them to resign was just grandstanding?
Bernie is a good guy, but does anyone in government ever actually listen to him?