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Originally posted by CosmicCitizen
reply to post by jondave
The MF Global (formerly Man Financial by way of spin off from E.D. & F. Man, the centuries old commodity dealer) collapse and more important, loss of customer segregated funds, is serious because it illuminates the inability of regulators (CME, CFTC, NFA and SEC since they were a public company) along with internal accounting (criminal) and custodial banking (negligent) failures to safeguard the funds of the hedgers and speculators. The CME has done a great job at protecting against counter party risk of defaults in trades but was complicit in this case in that it knew of "irregularities" at MFGX before they were made public. The segregation of customer funds from the operating and investing capital of the respective clearing firms is required by law and the untouchability of same has been sacrosanct. Not only have account holders had their excess funds subject to being siphoned off but some traders with positions were then subject to margin calls and loss of their trading positions. In addition others, who were fortunate enough to close out their accounts or transfer excess funds out of their MF Global accounts in the time leading up to the collapse, are also vulnerable to having those funds "clawed back" by the trustees and those funds shared by the pool of investor victims.
Originally posted by SurrealisticPillow
reply to post by apacheman
I can't let this comment pass.
By far, most business are small, ethical businesses. These are not people that migrate into government. The people in government raise their kids to be people in government. THEY are the ones with no ethical standards. Corruption is rampant in government, especially the federal government. Nepotism is rampant in all governments, federal, state, city, county, you name it. Corruption in government far outweighs corruption in "business."
Tiny Rule Change at Heart of MF Global Failure
By William D. Cohan
November 15, 2011, 9:15 PM EST
Nov. 16 (Bloomberg) -- Laurie R. Ferber has quite a resume. She is currently the general counsel of MF Global Holdings Ltd., the New York-based futures and commodities brokerage that filed for bankruptcy on Oct. 31, listing some $40 billion in liabilities....
Before that, she spent more than 20 years at Goldman Sachs Group Inc., where first she was general counsel for J. Aron & Co., a commodities business that Goldman Sachs bought in 1981, and then was the co-general counsel of Goldman’s principal business, known as FICC -- for Fixed Income, Currency and Commodities -- when J. Aron was merged into the rest of Goldman’s fixed-income division.
But at the moment, her greatest significance may be as a long-time advocate for revisions to a little-known and vastly underappreciated Commodities Futures Trading Commission rule called Regulation 1.25.
Before 2000, the rule permitted futures brokers to take money from their customers’ accounts and invest it in a number of approved securities limited to “obligations of the United States and obligations fully guaranteed as to principal and interest by the United States (U.S. government securities), and general obligations of any State or of any political subdivision thereof (municipal securities.)” That is, relatively safe securities with high liquidity.
Internal Repo Allowed
The banks, however, pushed the CFTC to expand the investment options that would allow firms to practice “internal repo.” In this scheme, money is taken from customer accounts and invested short-term in a variety of securities, with the futures brokers reaping the not- insignificant financial rewards from their customers’ money.
And, lo and behold, such efforts were successful. In December 2000, the CFTC agreed to amend Regulation 1.25 “to permit investments in general obligations issued by any enterprise sponsored by the United States, bank certificates of deposit, commercial paper, corporate notes, general obligations of a sovereign nation, and interests in money market mutual funds” -- in other words, riskier investments that could make more money for Wall Street.
Then, in February 2004 and May 2005, Regulation 1.25 was further amended and refined to the liking of Ferber and the banks. In the end, the door was opened for firms such as MF Global to do internal repos of customers’ deposits and invest the funds in the “general obligations of a sovereign nation.” - Full Post
Originally posted by CosmicCitizen
reply to post by mbkennel
It was not Obama's fault per se. That is, it was not the fault of any policies initiated by his administration. It was; however, on his watch so fair or not he will receive some criticism. Also the fact that Jon Corzine was a big Obama supporter (jock strap might be more a propos in this case) will raise suspicions of favorable treatment for the former CEO in the aftermath of MF Global's collapse. After all of the apparent in proprieties he has not even been charged with any criminal activity (despite the fact that he has hired a criminal lawyer as I understand it).
Yes, MFGX was overleveraged in speculative debt (Corzine's supposed specialty at GS) securities...but that is not the crime. If they lose their shirt and cant meet capital requirements then they are out of business but the customer's segregated funds would then be assigned to another clearing member (along with any open positions). The fact that Corzine's firm violated this sacred fiduciary trust is what is criminal. The customers deposited money to use as margin collateral for their commodity futures and options positions not to defacto loan their excess funds to the clearing firm to use without their consent. It is time for the same protective measures for the commodity account customers that exists for securities account customers.
edit on 18-11-2011 by CosmicCitizen because: (no reason given)
The court-appointed trustee overseeing MF Global's bankruptcy says up to $1.2 billion is missing from customer accounts, double what the firm had reported to regulators last month.
MF Global was led by former Goldman Sachs chief Jon Corzine. The firm collapsed after making a disastrous bet on European debt.
Barack Obama BundlersMin Max Name City State Employer Contributions
Katzenberg, Jeffrey Los Angeles CA DreamWorks SKG 2,054,292
Cohen, David Philadelphia PA Comcast Corp 1,059,381
Stetson, Jane Norwich VT Democratic National Cmte 990,048
Effron, Blair New York NY Centerview Partners 946,037
Corzine, Jon Hoboken NJ MF Global 933,032
Kempner, Michael East Rutherford NJ MWW Group 729,803
Investigators on the hunt for more than $1 billion (£644 million) of customers' money that seems to have gone missing from collapsed broker MF Global reckon a chunk of it has turned up in the London accounts of JPMorgan.
“The farmers, small business owners and others who trusted this firm are now facing tremendous hardship and may ultimately never recover all of their money,” said Michigan Sen. Debbie Stabenow, Senate Agriculture Committee Chairwoman. “A discovery of this magnitude demonstrates yet again the need for strong oversight and protections for consumers to prevent this sort of abuse from occurring. Anyone engaged in wrongdoing in this matter must be swiftly held accountable, to help bring justice to victims and to prevent further erosion of confidence in the financial system.” insurancenewsnet.com...