Dear Members -
In our November 2011 newsletter I wrote: “The past three weeks have been the most frustrating, the most confusing, the most disappointing weeks I’ve spent in the 35 years I’ve been in the futures industry.” I never expected I would feel that way again.
On July 9, two weeks ago, I was preparing for a trip to Washington, DC to meet with CFTC staff on several issues of concern to Association members, primarily the implementation of CFTC Rule 1.71 - Conflict of Interest. By the time I arrived at the Commission, the focus of our meetings had changed. Everyone wanted to discuss PFG.
Most of us based in Chicago have met Russ Wasendorf, Sr. at one time or another. PFG was an NIBA member for a short period. When our Association would not back their efforts to have enhanced supervision and other responsibilities of the ‘tainted’ broker regulations rescinded, they quit. PFG contended the rule would cause them to lose a good deal of business. The NIBA supported the rule and its intended effect.
What we face in the PFG bankruptcy is different than what we are going through with MF Global. All reports have Wasendorf confessing to a 20-year long fraud in his suicide note. He also claims he spent the money.
On July 13, while I was in Washington, the Commission passed rules requiring FCMs to strengthen their controls over the treatment and monitoring of segregated funds. The new rules include the so-called 'Corzine rule'. On July 17, the NFA, along with other SROs agreed to immediately begin confirming balances of customers seg accounts for all FCMs using a web-based electronic confirmation process. All FCMs will be required to provide direct online access to confirm set and secured funds directly with their banks. The CME Group has now began to discuss the possibilities that FCMs should no longer be allowed to hold seg funds, that the funds should be held by clearing houses.
Along with every other NIBA Board Member, I am outraged by these FCM collapses and regulatory failures. The NIBA worked diligently with regulators to develop responses to the MF Global and PFG messes. We will monitor court and bankruptcy proceedings of PFG, and continue to monitor MF Global. But that is clearly not enough. A complete review of our regulatory agencies, their focuses, their priorities, their procedures and their effectiveness must happen - quickly.
As with MF Global, not all individual NIBA members have been directly affected by PFG’s failure. But as we said in that November newsletter, “for now we are all in this together.”
Best regards,
Melinda
