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MF Global Collapse: Fallout Puts Spotlight On Clearing Houses

Mf Global Collapse

First Posted: 12/23/11 08:18 AM ET Updated: 12/23/11 08:18 AM ET

LONDON (Reuters) - The collapse of U.S. futures brokerage MF Global has brought to light inconsistencies in the way clearing houses operate, prompting questions over regulatory plans to use more of these platforms to make markets safer.

The confusion stems from the fact the largest European futures markets -- Deutsche Boerse's Eurex and NYSE Euronext's Liffe -- use different arrangements when a market party defaults.

Six weeks after the U.S. firm's demise, some clients are still angry about the different approaches to the MF Global unwind the clearers took, leaving them in the dark for weeks as to what had happened to their money.

"There was confusion around the clearing houses, as some transferred positions and others closed them out," said one senior futures trader at a large investment bank.

"In the immediate aftermath of the default we simply didn't know our exposure," this person said.

Clearing houses like LCH.Clearnet, which clears Liffe, and Eurex Clearing sit between trading partners and hold money to reimburse any firm left out of pocket if a counterparty defaults, making the markets less risky.

Regulators in the United States and Europe are keen to increase the use of clearing houses after the collapse of Lehman Brothers in 2008, which they say has the additional benefit of making the market more transparent.

At the moment, mainly exchange-traded assets such as equities, futures and options, use clearing. But regulators are keen to expand the use of clearing into OTC products such as swaps, bonds and foreign exchange.

But the confusion after the demise of MF Global has triggered demands that top clearing firms adopt a more unified approach before they adopt these greater tasks.

"There is no standardization across the different clearing houses in Europe and no standardization between Europe and the U.S., which is confusing for clients, particularly when dealing with a global player like MF Global," said Grewal.

Eurex Clearing began liquidating, or selling off, positions after MF Global defaulted, a process it had completed by the following day, November 2.

By contrast LCH.Clearnet, gave members the option of keeping their positions open. It then switched those positions to other brokers, a more laborious process that took until the end of November to complete.

Eurex likes the liquidation approach, because clients quickly have certainty.

LCH argues that transfers are preferable because clients need these positions to hedge others, and liquidating the trades

increases client risk exposure.

"You'd think the clearing houses would have had a conversation about this but from what we are seeing now it looks like there was no coordination," said Simmy Grewal, analyst at research and consulting firm Aite Group.

"MF Global was trading vanilla listed futures and options, and it exposed serious flaws in the clearing model. How will the clearing houses perform if a large OTC broker goes under?" she said.

The criticism comes with Deutsche Boerse and NYSE Euronext set to merge, pending European support for the $9 billion merger.

The combination would likely lead to greater consistency in how Eurex and Liffe are cleared but it might also expedite the growth of rival platforms that could use different clearing practices.

(Editing by Douwe Miedema and Jon Loades-Carter)

Copyright 2011 Thomson Reuters. Click for Restrictions.

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A timeline of MF Global's collapse:
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James Giddens, the trustee overseeing the liquidation of MF Global, told the Senate Banking Committee in April that $1.6 billion worth of lost customer funds had been found and his analysis "is substantially concluded," CNNMoney reports.
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LONDON (Reuters) - The collapse of U.S. futures brokerage MF Global has brought to light inconsistencies in the way clearing houses operate, prompting questions over regulatory plans to use more ...
LONDON (Reuters) - The collapse of U.S. futures brokerage MF Global has brought to light inconsistencies in the way clearing houses operate, prompting questions over regulatory plans to use more ...
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08:33 AM on 12/24/2011
from what ive read mf global to put their customer's money as collateral-how why would they let them? so much for self regulating markets which the clearing houses tout
02:27 AM on 12/24/2011
http://www.reuters.com/article/2011/12/21/uk-mfglobal-futures-idUSTRE7BK1E220111221

(Reuters) - U.S. commodity markets have shrunk almost 9 percent since MF Global's collapse as farmers, investors and traders close out positions, according to a Reuters analysis of data that suggests there may be lasting effects from the industry's most disruptive broker failure.

While several different factors likely figured into the decline - including the seasonal year-end closure of trading books - the study provides the first evidence to show that smaller-scale traders who were MF Global's core customers may have been effectively frozen out of the markets.

How many of these traders will return to the markets? Their capital may eventually be fully restored in the bankruptcy process as lawyers and regulators search for up to $1.2 billion (765.5 million pounds) in missing customer cash; their faith in the system may be harder to mend.

In the six weeks since the bankruptcy of the most active broker in U.S. commodity markets, traditional hedgers - including physical producers, consumers and traders - have closed out positions in corn, crude, gold and other markets, causing the number of open trades to shrink dramatically. By contrast, big hedge funds and speculators remain as deeply invested as before the collapse, albeit with positions that indicate they are much less bullish on prices.

"(Clients) are asking questions like: 'Why should we trade if this is going to happen,'" said Ron Lawson, partner of LOGIC Advisors, a commodity investment firm.
04:51 PM on 12/23/2011
For the media this is a big yawn since Corzine is a Democrat - rank hypocrisy much???????
HUFFPOST COMMUNITY MODERATOR
GeorgeBurnsWasRight
My micro-bio is running on empty.
12:18 AM on 12/24/2011
Yet you're replying to a story about it, one of several that has been run on HP. Strange how you think the media isn't covering it.

Sure, it's not being covered like the Casey Anthony trial, but that's because the media doesn't cover financial stories much, especially ones involving investors. Nothing to do with the party affiliation that I can see.
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l78lancer
Wisdom is the principal thing
12:42 AM on 12/24/2011
Not so much hypocracy because he's a dem as it is because many people still have no idea of the depth and breath of the implications of this.
03:04 PM on 12/23/2011
Good read:

http://www.zerohedge.com/news/why-uk-trail-mf-global-collapse-may-have-apocalyptic-consequences-eurozone-canadian-banks-jeffe

Simply said: when one truly digs in, MF Global exposes the 2011 equivalent of the 2008 AIG: virtually unlimited leverage via the shadow banking system, in which there are practically no hard assets backing the infinite layers of debt created above, and which when finally unwound, will create a cataclysmic collapse of all financial institutions, where every bank is daisy-chained to each other courtesy of multiple layers of "hypothecation, and re-hypothecation."
07:19 PM on 12/23/2011
It's the tip of the iceberg that no one wants to admit is there. Like denying the truth makes a difference. The end game has been set in motion. Fear will drive the results, until justice is done, the guilty are punished and the rest of the "innocents" can see that there is some punishment, that fits the crime. Mass murder is only one way of changing lives. The insiduous white collar crime is much more devastating for the masses then some poor guy who's desperate enough to hold up a liquor store.
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GeorgeBurnsWasRight
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12:27 AM on 12/24/2011
Worse yet, it looks like MF Global may not have broken the law when it took money out of its customers accounts due to the way the contracts were worded. If true, this means that all money including your retirement funds might be taken away from you without recourse.
02:15 PM on 12/28/2011
Corzine who still hasn't been arrested and MF Global Broke the Law Stealing from 40,000 Customer Segregated Accounts aided and abetted by the government. That is The Big Lie.

But when MF Global went bankrupt, these segregated accounts—t­hat is, the content of those safe deposit boxes—were taken away from their rightful owners—tha­t is, MF Global’s customers—­and then used to pay off other creditors: That is, JPMorgan.

This was seriously wrong—and this is the source of the scandal: Rather than being treated as a bankruptcy of a commoditie­s brokerage firm under subchapter IV of the Chapter 7 bankruptcy law, MF Global was treated as an equities firm (subchapte­r III) for the purposes of its bankruptcy­.

Why does this difference of a single subchapter matter? Because in a brokerage firm bankruptcy­, the customers get their money first—beca­use after all, it’s theirs—whi­le in an equities firm bankruptcy­, the customers are at the end of the line.

MSM campaign establishing a Terrible Precedent for the majority of Americans who will probably awaken one morning without their assets similar to the 40,000 customers with Segregated Accounts at MF Global.
03:00 PM on 12/23/2011
crooked leftists galore
HUFFPOST COMMUNITY MODERATOR
GeorgeBurnsWasRight
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12:28 AM on 12/24/2011
I guess you think the bankers were all Democrats also?
02:17 PM on 12/23/2011
I believe the economic crisises are created so they can starve ss and other social programs both in the USA and in other developed nations.
There is always just one organization that fails and all of the rest seem to just limp along and pay off the taxpayer money in a year or so.
How does a year matter-when they are only paying back money we gave to them any way?
Plenty of executive positions and regulatory people to make sure this does not happen and yet always does?
Wow, can some of the unemployed and low paid laborers have these kinds of jobs.
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propackage
02:04 PM on 12/23/2011
This is a house of cards. There is no money!
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rysagr
whip me beat me just don't bore me to death
01:36 PM on 12/23/2011
keep protecting the dems lol
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CPAwADD
My super power is sarcasm!
07:21 PM on 12/23/2011
Accusation but no evidence.
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GeorgeBurnsWasRight
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12:19 AM on 12/24/2011
Give us the names of all the Republican bankers who have been prosecuted, and we'll take you more seriously.
01:18 PM on 12/23/2011
The spotlight should be on (1) the over-rated politician who was the head of MF Global; and (2) the
dysfunctional 'regulators' of the Federal Government who set the rules which make these high level scams possible. I find it humorous that the US Congress (which has oversight responsibility) holds hearings to ask 'what's up with this' !
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GeorgeBurnsWasRight
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12:30 AM on 12/24/2011
Mostly they hold hearings to hear themselves talk. Sometimes the so-called witness never gets to say a word because the politician speaks for his/her entire time period. We're lucky if 20% of the questions show any understanding of financial matters.
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Terri Skau
the moon rises as the sun sets
12:27 PM on 12/23/2011
Wake up. The Banks/Wall St. Leveraged the American People. Not themselves, This is what should piss you off.
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Terri Skau
the moon rises as the sun sets
12:21 PM on 12/23/2011
Wake up people...Come to this realization. The Banks/Wall St. Leveraged the Ameican People. And that is what should piss you off.
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breakingpoint
War is a Racket - Smedley Butler
11:59 AM on 12/23/2011
the fact that Corzine is still free says plenty
12:03 PM on 12/23/2011
Ditto. This whole thing is a maddening.
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breakingpoint
War is a Racket - Smedley Butler
01:20 PM on 12/23/2011
it's the take down and the tip of the iceberg
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Who Honest
12:06 PM on 12/23/2011
Yeah! About his buddy, Obama (and Eric Holder)!
unique
Animal lover forever
12:43 PM on 12/23/2011
Right, not to say anything of the SEC.
It is real nice to have friends in high places.
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breakingpoint
War is a Racket - Smedley Butler
01:21 PM on 12/23/2011
there has to be a better news outlet than this - have you noticed all the propaganda?
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Who Honest
11:39 AM on 12/23/2011
Of course if Jon Corzine was "tied" politically to Bush and the Republicans it would be in the first paragraph of every story on this website and all over the liberal MSM but since Corzine is a Obama buddy and election fund rasier/bundler plus former DEMOCRAT US Senator and NJ Govenor the conection is of course ignored!
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rysagr
whip me beat me just don't bore me to death
01:13 PM on 12/23/2011
home run and fanned
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redscarecrow
Friend of Mr Milo
04:39 PM on 12/23/2011
Turn off Rush once in a while. This is a much bigger story than just the liberal bias of the lamestream media. That's a 20th century cliche.
11:35 AM on 12/23/2011
The whole system is farcical and corrupt, unlike any other time in history. Not that it was ever pristine, but we are being overtaken by a new class whose value system (greed is good) disregards the country's fundamental value/ ethical system and therefore the future of the country; the new system treats 98% of its citizens as serfs. And in case anyone doubts if the new mandarins have any shame, they are still toying with the idea of having an oligarch run for president on the "independent" ticket- he would be able to fund the campaign with personal funds (he won the third Mayoral terms in NYC by spending $100 million!)
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john whalen
11:29 AM on 12/23/2011
Good thing he didnt take Obamas Washington job!!!