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Old 01-11-11, 05:05 AM
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Angry Black Swan? MF Global

Someone Is Going To Jail For This: MF Global Caught Stealing Hundreds Of Millions From Customers?

Submitted by Tyler Durden on 10/31/2011 21:06 -0400



Say you are the head back office guy at MF Global, it is the close of trading on Thursday, the firm has already completely drawn down on its revolver, and all the resulting cash in addition to all the firm's cash at your disposal in affiliated bank accounts, up to and including petty cash, has been used to satisfy margin demands due to declining collateral value, yet the collateral calls just won't stop, and impatient voices on the other side of the phone line demand you transfer even more cash over immediately or else risk default proceedings commenced against you within minutes. What do you do? Do you go ahead and tell your superior that the firm is broke even though the co-opted media is trumpeting every 5 minutes that "MF Global is fine", knowing full well you will be immediately fired for being the bearer of bad news, or do you assume that courtesy of your uber-boss being the former head of the Vampire Squid, and thanks to infinite moral hazard which after Lehman made sure nobody would ever fail ever again, that there is simply no way that you will be left without some miraculous rescue, if only you can last one more day, and as a result proceed to "commingle" some client funds with the firm's cash. It turns out that at MF Global you do the latter... over and over... until you have literally stolen hundreds of millions from the firm's client accounts in hopes that the miracle rescue will come on Friday... then over the weekend... and then you realize no miracle is coming, partly because your actions have been exposed, partly because miracles only exist in fairy tales. The next thing you know, your firm is bankrupt and hundreds of clients are about to learn that all their money is gone. Poof.



This is not a fictional tale. This is precisely what very likely happened at MF Global in the past 72 hours. And someone has to go to jail. That someone, if indeed this criminal act is proven to have taken place, should be none other than Jon Corzine himself.


The sad truth of just how low Wall Street has fallen comes to us courtesy of the New York Times:


Federal regulators have discovered that hundreds of millions of dollars in customer money have gone missing from MF Global in recent days, prompting an investigation into the company’s operations as it filed for bankruptcy on Monday, according to several people briefed on the matter.

The revelation of the missing money scuttled an 11th hour deal for MF Global to sell a major part of itself to a rival brokerage firm. MF Global, the powerhouse commodities brokerage run by Jon S. Corzine, had staked its survival on completing the deal.
As for the details:


What began as nearly $1 billion missing had dropped to less than $700 million by late Monday. It is unclear where the money went, and some money is expected to trickle in over the coming days as the firm sorts through the bankruptcy process, the people said.

But regulators are examining whether MF Global diverted some customer money to support its own trades as the firm teetered on the brink of collapse. If that was the case, it could violate a fundamental tenet of Wall Street regulation: Customers’ money must be kept separate from company money.
And just like in the Lehman collapse where tens if not hundreds of international prime brokerage hedge fund clients, due to no fault of their own, found themselves insolvent after their cash ended up being caught at the London Lehman office (the details of how that money was illegally transferred from London to the US is a different topic entirely) and never to be seen again except to satisfy general unsecured claims, so thousands of MF clients are about to realize that money they thought they had, even if completely unencumbered with other assets, read pure cash, read money not at risk, is now gone forever, and they will have to wait years until the bankruptcy process determines if the claim deserves priority status to the unsecured bondholders. Best case: assume a 70% haircut on the money, if it is every to be seen again at all.



So who can be sued? Who can be blamed for this malicious and purposeful criminal act? Why everyone from the back office clerk presented in the thought experiment above, all the way up to the man at the very top, Jon himself, who, like in every other act of Wall Street impropriety will plead stupidity and deny he ever knew of this crime. Unfortunately, our criminal regulators, who will be just as complicit in clearing him of all wrongdoing, will aid and abet this latest destruction of faith in US capitalism.


What happens next? Why customers at all other brokerages, all other exchanges, afraid that their money will suffer the same fate as MF, even if they transact with perfect solvent clearers and agents, will proceed to pull their money, as they know they have nobody to trust but their own prudent and forward looking actions. Which in turn will start the kind of liquidity drain that killed not only Lehman, but froze money markets, and with that brought the complete capital markets to a standstill, only to be thawed after the Fed pledged multiples of the US GDP to rescue Wall Street in October of 2008.
And that, dear reader, is called unintended consequences, and how the bankruptcy of a small exchange can avalanche into a crippling Ice Nine of what is left of capital markets all over again, courtesy of crony capitalism, rampant criminality and a regulator and enforcement body that is more fascinated with midget porn than any regulating or enforcing of the very firms it hopes to get an assistant general counsel job from in a few short years.
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Old 03-11-11, 05:44 AM
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MF Global Shines A Light On Monetarism's Incapacity To Enhance The Real Economy

Guest Post: MF Global Shines A Light On Monetarism's Incapacity To Enhance The Real Economy | ZeroHedge

The temptation to compare any financial institution’s failure to those that preceded the 2008 crisis and panic are reasonable. It is easy to classify MF Global as 2011’s “Lehman” event, just as it was to use the same term to describe Dexia a few weeks ago. The use of the term “this year’s Lehman” is somewhat misplaced simply because its users are looking for an event that kicks off another crisis or panic. Instead of using “Lehman” to describe a potential inflection point that propels the crisis into panic, it might be better to see MF Global as AIG.

The comparison to AIG is not to say that MF Global was as interconnected, that its failure will be as devastating, or that it is the straw that breaks the European camel’s back. The urge to see the past in the present is historically valid, but it will never be exactly alike (Mark Twain had this right). Rather I think the comparison is useful in that AIG taught the wider world what was really rotten at the core of modern finance, namely hidden risks that were shockingly existential. MF Global’s failure importantly shows that none of the lessons have been heeded in the days since, providing a somewhat unique window into the real dangers that still lurk hidden in the shadows. More than that, though, MF Global demonstrates an obvious shortcoming of the financial system as it relates to the real economy.

ZeroHedge posted the bankruptcy affidavit of MF Global’s President and Chief Operating Officer Bradley I. Abelow, drawing attention to Section E, item 33 on page 13. Mr. Abelow makes the following statement under oath:

“On September 1, 2011, MF Holdings announced that FINRA informed it that its regulated U.S. operating subsidiary, MFGI, was required to modify its capital treatment of certain repurchase transactions to maturity collateralized with European sovereign debt and thus increase its required net capital pursuant to SEC Rule 15c3-1.” [emphasis added]

The transaction in question was a “repo-to-maturity” financing deal, collateralized with the troubled sovereign European debt that everyone has been talking about in the past few days. What is particularly striking about this is that a “repo-to-maturity” deal is accounted for as a sale, meaning that what is essentially an ongoing collateralized loan is, surprise, hidden off the balance sheet. Maddeningly, MF Global likely booked a profit up front at the transaction’s consummation using obviously faulty mathematical expressions of those “reasonable” expectations of profit, thus avoiding the need to post any liability to the balance sheet.

This makes a lot of sense, then, in why FINRA “demanded” it change its capital treatment of the transaction. Though it was “properly” accounted for according to convention, the risks of collateralizing a loan with questionable debt means that MF Global has ongoing liquidity risk attached to it. As the value of the European debt collateral is questioned, or falls, the lender/cash owner counterparty will ask for additional collateral posting as it applies a stricter haircut to that original, troubled collateral. So, even though this transaction has fully cleared MF Global’s books, the company is still on the hook should it be required to post additional collateral or cash (which ended up with the company in bankruptcy, just like AIG).

The stink here is that this is not an isolated case of cheating (aside from MF Global’s use of client funds). It is a pervasive shadow element to the modern financial system, fully allowed by accounting conventions and regulators. Just like AIG, MF Global was not brought down by bad debt per se, it was brought down by the hidden liquidity risk of the deterioration of off balance sheet arrangements that were allowed by accounting standards. The fact that it was classified as a sale was completely inappropriate in terms of describing the overall liquidity risk of the company, as FINRA belatedly recognized.

MF Global was expressing a bet that it could earn a spread, essentially risk free, on the rate it paid on the repo transaction (the lowest borrowing rate around) and the interest it received on the Euro sovereigns (among the highest rates of the sovereign class), all the while counting on the European politicians and the ECB to provide enough “support” to maintain a relatively constant debt price in order to fool the marketplace into complacency about real risks. So the risk hidden but embedded within the transaction appears long before there is a default, hitting the company once the repo counterparty devalues the collateral (the market was apparently not fooled enough by the ECB’s attempts at price stability). This is the essential financial misrepresentation of the age. Repo accounting is responsible for so much hidden risk, yet it has become central to the ongoing survival of the system as it is currently constituted.

The pliability of how the system is allowed to “book” and account for risk is certainly the driving force making repos so vital to modern banking. For instance, a gold or silver lease arrangement is essentially the same as a repo-to-maturity transaction, yet it is accounted for in exactly the opposite way. A gold lease is really a sale transaction since the physical metal is literally removed from the custody of the gold owner, yet it is accounted for as a collateralized loan where the gold remains on the owner’s books as if it is really there (since it technically involves a repurchase agreement on the back end, even though these deals are simply rolled over in perpetuity and the repurchase never takes place, nor is it intended to). Both gold leasing and the repo-to-maturity transaction are forms of collateralized loans, yet they receive far different treatment so that they accomplish exactly what the banks want to accomplish, which is disguising the real nature of each transaction. The gold lease presents risks in that metal may not be where everyone thinks it is, and the sale treatment of the repo-to-maturity removes haircut and liquidity risks from what are supposed to be transparent statements of condition.

That is why this system has to change at some point. It is exactly designed to be misleading, and the reason is so very simple. In any fractional system there will be a desire to amplify that fraction to the maximum degree. But in doing so, participants recognize that the process of maximization entails creating negative human emotions and perceptions since history is not really that kind to this manner of fractionalization. So the system has institutionalized, abetted by the very regulators that are supposed to cap fractions and leverage, these methodologies of hiding just how much financial entities have engaged in maximizing themselves under the cover of mathematical precision. Trillions in derivatives are no problem because there are powerful and elegant equations to net and hedge them.

Without any sort of exogenous anchor to credit production and banking, risks are theoretically nearly infinite (since the slightest disruption to expected haircuts renders firms utterly bankrupt!), while at the same time there are multiple avenues for misdirection and disguising those realities. The Panic of 2008 was supposed to correct these excesses and remedy the fact that risks have not been accurately priced for decades. Yet the system has resisted every effort, simply settling for redefining the appearance of safety yet again. Somewhere in that mathematical pursuit of maximum fractions, the very goal of finance changed, as if traditional banking was no longer sufficient to support the pursuit’s ever-growing ambitions. So the financial economy has broken away from the real economy, using the ironic cover story of enhancing price discovery to the process of intermediation – complexity is good!

Intermediation is supposed to be about matching the wider (real) pool of savings to worthwhile economic projects that have a real, productive impact on the real economy. MF Global’s repo-to-maturity transaction cannot be fairly classified as real intermediation since the firm knowingly advanced credit to an economically unfeasible obligor with the expectation that the price would never reflect that reality (how’s that for enhancing price discovery). This crystallizes, I believe, just how far the financial system has moved away from real intermediation and reflects the biggest part of the real problems in the real economy – money is no longer productive in economic terms and has not been for decades.

The Occupy Wall Street crowd sees this as a problem with capitalism. I believe that they are correct in their target, but wrong in their diagnosis. This is not a problem of capitalism since Wall Street is a practitioner of monetarism. A real capitalist system works through real intermediation creating positive opportunities for productive enterprises (scarce money is actually vital here). Our current system of repo-to-maturity and gold leasing is nothing but empty monetarism’s habit of regularly forcing the circulation of empty paper. And when the system begins to doubt itself, as it did in 2008, the answer is always about finding a way to restart the fractional maximization process yet again, which means disguising the real risks inherent to that process. There is no real mystery as to why prices and values have seen such a divergence, and why that is a big problem to a system that depends on appearances.

The fact that money is disconnected from the real economy never enters the consciousness of monetarists since money is always the answer. But make no mistake, the primary reasons for this global malaise are that money has lost its productive capacity and its proper place as a tool within the system, not as the ultimate object of that system. MF Global’s failure is an apt demonstration of just how far modern finance has strayed, just as AIG was three years ago.
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Old 03-11-11, 05:54 AM
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MF Global: Is This the Second Coming of Bernie Madoff?
By John Cassimatis Nov 01, 2011 2:45 pm

MF Global Files For Bankruptcy: Is This The Second Coming Of Bernie Madoff? One Victim Responds | Business News | Minyanville.com

Here, a response from just one of the many people left reeling in the wake of MF Global's fall.

Yesterday's late day update to the ongoing MF Global saga -- news that Federal regulators were investigating the brokerage firm after learning that hundreds of millions in customer money had gone missing from the company's accounts only recently -- caught many of the firm's clients by surprise. "Regulators are examining whether MF Global diverted some customer funds to support its own trades as the firm teetered on the brink of collapse," the New York Times reported. Investors who were customers of the now bankrupt brokerage were naturally outraged. Here's a response from just one of the many left reeling in the wake of MF Global's fall.


We all know the banks are bigger than the rules. But segregated customer accounts? If MF Global (MF) did in fact comingle customer monies to provide collateral for prop bets, then nothing is safe anymore.

Yes, I have a great deal of my past, present, and future all locked up, no wires, no trades, with a unit that could have very well been sold to Interactive Brokers early Monday morning. The “discrepancy” changed all that. I just put in a call to the CME group asking for clarity, the CTFC for some language, and you should too. From my perspective, if nothing is announced TODAY concerning the safety of customer funds, then the futures pits will change forever. Who will hold any real cash in these broker-dealers any more if the regulators have such little safeguards in the system that the cardinal rule, the third rail, of customer protection has been so easily violated.

My money was used to satisfy higher collateral requirements for a misguided prop bet by MF Global and Jon Corzine. It is outrageous, and only reinforces the thesis that in the low 20s, get your silver, get it out of the banking system and wait for the parabola. Future volumes have dropped by one-third. The CME is now becoming a culprit. How can an exchange that holds collateral for customers stand by as idle as it has been? Who will ship grains, and energies, metals, and softs anymore when they can become comingled so easily? But it’s really the cash. That’s what the dirty hands went for -- if in fact they did, which seems highly probable at this point.

True, MF Global is smaller than the “global” implies, but the breach is as serious as ever. Glass-Steagall repeal, 40-1 leverage, ignoring Paul Volcker—how much more can we take? Make no mistake, if a guarantee of some kind is not issued soon concerning customer funds and the expeditious return of such, the futures industry will take a decade to recover.

And for those elsewhere, if you can’t even read the rules anymore, than there is anarchy. This will be a first step. A big one. Any regulator thinking this is non-systemic is right in a short-term micro (just futures) sense. But if those safeguards are worthless, what’s next?

The system is breaking down, and the banks, as Thomas Jefferson worried, are the prime culprit in their relentless pursuit of profits.

MF Global has taken collateral, that I 1) had to earn the money (minus taxes paid) to purchase; 2) bought; 3) paid to store for eight years.

And then it illegally pledged those certificates to counterparties demanding more collateral to hold its ill-advised, greedy, and ultimately sinking European bond portfolio.

Is this the New America, where nothing is safe? If the CME of CTFC does not address this situation in the next few days, the futures market will never be the same again.

Think about that. The theft -- not the market.
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Old 03-11-11, 11:12 AM
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Yes, I quite agree with the last two articles. MF Global is unlikely to be a disaster per se for the markets a la Lehman. But the idea that accounting rules and "off-balance sheet" accounting are okay as it is has just been punctured further.

Mark-to-market has its fault but off balance sheet is just bullshit. What's the point of a balance sheet if it doesn't tell you anything useful anymore?

And... stealing segregated money? How is that even possible??! MF Global should have been physically unable to do so. Here, I definitely think some people are going to jail...
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Old 22-11-11, 12:50 AM
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Nov. 21, 2011, 11:36 a.m. EST
MF Global trustee: $1.2 billion missing
By
Ronald D. Orol

MF Global trustee: $1.2 billion missing - MarketWatch

WASHINGTON
(MarketWatch) - A trustee seeking to distribute customer securities overseen by bankrupt MF Global Inc. estimated Monday that $1.2 billion in client money may be missing, twice as much as previously expected. "At present, the Trustee believes that even if he recovers everything that is at US depositories, the apparent shortfall in what MF Global management should have segregated at US depositories may be as much as $1.2 billion or more," the trustee said in a statement.
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