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The Commodity Futures Trading Commission has its hands full. It is investigating the downfall of MF Global, the 8th largest corporate bankruptcy here in America, after a disastrous bet on the debt of Italy and Spain. MF Global had cherry picked customer accounts because of its bad business decisions and found themselves unable to pay its own obligations.
A few days ago there was an update on various information regarding MG Global, but none on the most pressing question: were exactly is the missing money? Officials were hunting for $1.2 billion in customer money, however some are now saying that we can add another $400 million to the total. 14 lawyers and 60 forensic accountants have used terms such as “vaporized” and “money heaven”, while regulators say that they know where the funds went but have been unable to recover the money.
The law requires that brokerages need to keep the money of clients set aside and kept safe, therefore to be in segregated accounts to protect the money in case the company did go bankrupt. The monies were as required in those separate bank accounts; however, they were also abused through illegal transfers to buffer trading positions as well as to repay creditors. One creditor being JP Morgan.
The recovery of the funds has been very difficult. The main factor being the very unusual way in which the bankruptcies of MFGH and MFGI were implemented. If it were to be done correctly, the customers segregated funds would always have had the absolute priority over any of the other creditors. In this case, MF Global was filed under the SIPA liquidation, although the majority of the accounts were commodity accounts. Those accounts are not protected by SIPC. This is suspious, considering that the assets under the control of MF Global were not frozen immediately, and compounded by the fact that the company was permitted to continue operating under the rules of Chapter 11. This cleared the way to allow billions in assets to flow into the pockets of a few individuals and numerous hedge funds for rock-bottom prices.
It appears that the era of greed isn’t over; once it’s all over and done, it remains that customer funds were stolen more than just once. First by the illegal looting of the custodial accounts by MF Global, secondly by the fraudulent way in which the bankruptcy was structured so it could skirt around the priority status of the customer in the distribution of MF assets.