According to the proudly displayed MF Global Client Asset Protection Policy Statement:
" The protection of its customer's funds is MF Global's paramount concern ".
" Probably the cardinal safeguard of both futures and securities customer's funds by the
Commodities Enforcement Act, the Securities Enforcement Act and the rules and
regulations of the CTFC and SEC is that the funds be segregated from the funds of
the FCM/broker and may not be used to meet any obligations of the FCM/broker ".
- It appears that MF Global by apparently co-mingling client's funds not only violated its
pronounced paramount concern, but further violated a regulatory cardinal safeguard.
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The 2002 Sarbanes-Oxley anti-corporate fraud legislation requires that corporate CEOs
personally certify the accuracies of SEC submissions. By implication, it also called for
accurate statements during public presentations such as earnings calls and other
conference calls. This law was co-written by Jon Corzine when he was US Senator.
- Some filings submitted to the SEC did not list European sovereign debt on the balance
sheet, instead moving it to the obscure and easy to miss off balance sheet section. Other
filings apparently excluded it entirely.
- As late as an October 2011 earnings conference call, Corzine said that the "structure of
of the firm's Euro bond transactions essentially eliminates market and financing risk".
- Recent SEC filings stated that the company's liquidity position remained strong".
This strikes me as wilful and deliberate attempts to evade and circumvent the very law
he was partially responsible for. Another medal of honor for our co-opted present and
former Roman Theater called Congress.
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The New York Fed employs a rigorous process including governance, the existence of
effective internal controls and other thoroughly measured practices before adding an
applying firm to its list of Primary Dealers. MF Global was added to this august group
in February of 2011. This despite the fact that MF Global in the previous 10 years had
been more sanctioned by regulatory agencies than any of its closest peers and within that
time frame had the 2nd highest amount of fines involving risk supervision and record-
keeping. They were the subject of repeated CFTC sanctions and fines totaling $12 million for continual failures in these areas. Not to mention settled civil suites where they were an "unwitting"partner to the use of MF Global accounts to further ponzi schemes. A former
regulatory official summarized the outfit as showing a "pattern of weakness in internal
supervision versus its peers".
- So why did the NY Fed decide to anoint them as a Primary Dealer? They were new to
investment banking and their capital at the time was substantially less than most of
the others. Was it just because Jon Corzine was buddies with ex-Goldman Sachs alum
NY Fed head William Dudley, or because of the very fine MF Global Client Asset
Protection Policy Statement above, or was it just because the dude was ex-Goldman
Sachs, ex-Senator, ex-Governor and all that neat sounding stuff? (Forget that he was
summarily bounced from his NJ governorship the first time NJ voters had the
opportunity to rectify their mistake).
- Some people suggest the the Fed should never have abrogated its supervision of the
Primary Dealers as it did in 1992. This left these upstanding financial institutions
in a virtual reporting playground where the Fed then expected them to submit accurate
data but does not audit the data. Instead expecting them to act voluntarily and with
transparency on their submissions. Sorta like asking the most unethical group around
to suddenly voluntarily act with honor and integrity when they are driven solely by
all the overwhelming temptations surrounding the concept of money.
I actually believe it to be far less than wise to have a private, bank-owned Fed oversee
the accuracy of anything to do with the Primary Dealers. Please give this authority to
some other body - and not any of the inept, morally challenged existing regulators.
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Finally, nothing advantageous ever happens to broker/dealers without the help of the #1
enabler of the financial system. (OK, at least they're in the top 3). Yes, the (formidable)
SEC had to stick their sorry-ass into the mess. In 2004 the SEC voted unanimously
to change the Net Capital Rule to allow those with "tentative net capital" exceeding
$5 billion to increase leverage ratios. Welcome to the 6 x its capital MF Global bet
on European debt.
THE ABOVE PATHETIC-NESS ARE MERELY THINGS TO CHEW ON IN CASE
ONE MISSED IT WHILE AWAITING THE COURT RULING AS TO WHETHER
JP MORGAN CHASE WILL BE GRANTED SENIOR-LIEN HOLDER STATUS
TO SCREW OVER THE "SMALL GUY" ONCE AGAIN IN THE MF GLOBAL
CHAPTER 7 BANKRUPTCY LIQUIDATION PROCEEDINGS.
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