I thought this was an excellent story on Corzine and MF Global. I bet you will too!
Submitted by Nomi Prins
Jon Corzine, MF Global, and Unaccountability
In April 2007, former New Jersey governor,  'honorable', Jon Corzine had an altercation with a Garden State Parkway  guardrail. A year later, he addressed a bevy of reporters at the swanky  Drumthwacket mansion and expressed appreciation for “family, friends, and the  fragility of life.” During his recovery period, he advocated seatbelt safety,  before returning to New Jersey's budget, extracting $500 million in austerity  measures from farmers, educators, and environmentalists, and hiking tolls on New  Jersey roadways.
On the one-year anniversary of his accident, his  chief-of-staff, Bradley I. Abelow declared,  “Corzine  has returned to his former self as a thorough and exacting  boss.” (Italics mine.)
Fast forward to the current MF Global flameout.  Abelow shifted to Corzine’s Chief Operating Officer. And not only did Corzine  ratchet up the ante on ways to really piss off farmers, but after several days  of engaging in verbal dodge ball with Congress, this ‘thorough and exacting  boss’ maintained his Forest Gump type cloak of secrecy regarding the stolen $1.2  billion of his customers’ segregated money.
After days of political-reality TV, we knew  nothing more about its evaporation. Corzine and his stewards, Abelow and Chief  Financial Officer, Henri Steenkamp, executed a perfect chorus of  ‘I don’t  recalls’, ‘I didn’t intends’ and ‘the butler did its’.
For the most part, testimony from the various  regulators didn’t shed additional light on the ‘missing’ funds either  (everyone’s extremely sorry and deep in search mode) but they did reveal  extreme, pass-the-blame incompetence, in the spirit of AIG.
Acronym alert. SEC director, Robert Cook testified  that MF Global Holding Company (like AIG) had no official consolidated  supervisor regulating it; one of its subsidiaries, MF Global UK Limited, fell  under the UK Financial Services Authority (FSA.) The other one, MF Global Inc.  (MFGI) was registered under the Commodity Futures Trade Commission (CFTC) as a  FCM (futures commission merchant) and also, under the SEC as a broker-dealer. It  was the Chicago Board of Options Exchange (CBOE) supposedly overseeing MFGI’s  broker-dealer activities, while its futures activities fell under the CFTC,  National Futures Association and the Chicago Mercantile Exchange (CME).  Somewhere in the mix lurked the private self-regulatory body, the Financial  Industry Regulatory Authority (FINRA). Really, how many inept regulatory bodies  does it take to screw customers out of $1.2 billion?
But, here’s how we know Corzine was lying –  besides the nervous body movements.
During the summer of 2011, the CBOE and FINRA  told MF Global Inc. that it didn’t have enough capital behind its  repo-to-maturity (RTM) positions in European sovereign bonds – the positions  Corzine put on. By mid-August, the SEC got involved and met with  Corzine and other MF Globalites. They then had to file a net capital deficiency  notice on August 25th for $150 million.
During  the week of October, 17th – MF  Global Holding had to increase capital again at MFGI - for the same positions.  The next week, on October 25th, it released abysmal quarterly  earnings, and got downgraded to almost junk status. The stock plummeted and  customers were heading for the hills, the fastest ones getting their money out,  others getting locked out. The SEC set up camp at MF Global headquarters in  Manhattan on October 27th to “monitor the situation” and “engage with  senior management regarding the steps that were being taken by the  firm” regarding possibilities like selling the firm, selling the customer  business, or selling the RTM positions.
On Sunday afternoon, October 30, a perspective  buyer for MFGI’s customer business emerged: Interactive Brokers (whose judgment  I question, so watch out for them). In the wee hours of Monday morning, October  31, – the ‘missing’ funds were detected.  Interactive Brokers balked. Bankruptcy  proceedings begun at  9 AM.
The CME’s  testimony stated that just past mid-night on October  31,st Christine Serwinski, the chief financial officer of MF Global's  North American division, and Edith O’Brien, a treasurer, told Mike Procajlo, an  exchange auditor that about $700 million in customer money was transferred on  October 27th, 28th and possibly October 26 from the broker-dealer side of the  business to ‘meeting liquidity issues.’ The CME hadn’t noticed this while  reviewing the firm’s books prior to bankruptcy. Another $175  million was used  by MF Global UK.
The CFTC disclosed that MF Global’s general  counsel, Laurie Ferber notified them Monday evening, October 31st about “a  significant shortfall in its segregated funds account”.  Neither the SEC, nor  the CME had picked up on this beforehand.
As a broker-dealer registered with the SEC, MFGI  was not just subject to CFTC rules, but also to the SEC's customer protection  rule that prohibits use of customer funds or securities to support proprietary  trading or expenses. It also prohibits customer funds or assets from being  pledged as collateral for the firm’s own trades or to raise funds, plus requires  a reserve account  be maintained that is bigger than their holdings – just in  case.
The CFTC has a more lax rule, called Reg 1.25,  weakened courtesy of MF Global, JPM Chase, and others that enables segregated  customer funds to be used for investing in foreign sovereign bonds  (investing – not posting as margin or acting as collateral). But as Janet  Tavakoli pointed out in her  excellent MF Global analysis; the ‘missing’ customer funds were not in the  currency of the foreign sovereign bonds, as per the rule’s stipulation. Plus,  none of the required replacement assets were held against those funds. Indeed,  there is no element of Reg 1.25, the reg cited as a potential legal  loophole by various media, that allows segregated customer funds to be used for  risky purposes – like saving a firm from destruction long enough to sell it.  Translation – the ‘missing’ funds were stolen against  rules, from their rightful segregated customer accounts. Corzine claimed no  knowledge of this.
But the reality is - the clock ran out on  Corzine’s big bet and customer funds were the only way to keep it ticking until  a potential sale of the firm could be confirmed. If the funds hadn’t been  switched, the firms seeking margins would have taken losses. The motive was to  optically alter the appearance of MF Global and exit, leaving the bag with  someone else. You can’t have that clear a motive and no idea of how to achieve  it. It’s implausible.
Let me put $1.2 billion into a perspective that  the House committees didn’t. According to its second quarter SEC filing, MF  Global had $3.7 billion of available liquidity.  The funds were equivalent to  a third of that liquidity. That’s not a tiny figure. If you’re running  a firm buckling under the weight of the bets you’re losing, you’re damn well  aware of your liquidity lines – they are your life raft.
Besides that, MF Global’s net  revenue for the second quarter was $206 million and for the six months  ending September 30, 2011, it was $520 million. The ‘missing’ customer money was  more than twice the firm’s net for the first half of their year.
To recap. Corzine was obsessed with the European  sovereign bet. So, he fired his risk officer, Michael Roseman for questioning  it,  and replaced him with a yes-man, Michael Stockman whose job description  appeared to have included stroking Corzine's – er – ego, and to remain quiet  about any trade concerns. He rides the trade through a succession of flailing  earnings and intense market volatility, while meeting with regulators  questioning its sustainability. He knows he’s got to pony up a chunk of capital  in the summer to appease them and stick with it. And when finally, MF Global’s  ratings were downgraded on October 25th, a bunch of calls transpire between him  and NY Fed head and former Goldmanite, William Dudley before the firm goes  bankrupt a week later, with nearly $1.2 billion in customer money  ‘missing.’ 
We’re supposed to believe this ‘thorough and  exacting’ man knew nothing about where it went? Or that his sense of entitlement  and bravado was so big, he didn’t think it was wrong to take that money? Or that  he wasn’t aware it was available? At all?
No. Not possible. And yet, over half a dozen  regulatory bodies were oblivious to the fund heist. Finding Corzine guilty of a  crime would be like asking them to indict themselves. The CFTC  Enforcement division can refer criminal matters to the Department of Justice  for prosecution. But the DOJ has punted on every Wall Street crime  related to the 2008 subprime crisis. So what will probably happen –  is that  Corzine may get a little fine from the Washington regulators. Legislators will  move on to figuring out how to incorporate MF Global into stump speeches. Those  that had their money stolen will battle it out in civil suits for years. And  again, no lessons will be learned. No practices altered. No heads will roll.
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