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Daniel Dicker

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The Koch Brothers and MF Global - Friends to the End

Posted: 11/14/11 01:12 PM ET

So much about the collapse of MF Global, the international commodity firm, has revisited the worst sins of the 2008 financial meltdown. There's been outsized betting with other people's money using Wall Street created derivative instruments. Ongoing investigations now show that leverage in these wagers had even eclipsed the worst of the Lehman failure. As in 2008, there's been the total lack of oversight from regulatory agencies, as customer funds were diverted and used as collateral for Corzine's wagers and 50,000 accounts are now being moved without the cash that they came in with.

But perhaps the most stunning piece of news we're getting in the wake of the MF Global collapse is in the clients of the firm who managed to get away scot-free, with no freezing of accounts or capital -- particularly the accounts of the mega-cap independent oil company Koch Industries, run by the politically active Koch brothers.

A recent report in Reuters has described the billions of dollars of client accounts that were withdrawn from MF Global in the last few weeks before their collapse, including 8 accounts from Koch industries engaged in oil trade that were transferred to Mizuho Securities after years of a steady and profitable relationship with MF. The Reuters piece concentrates on the possibilities of legal "clawback" of client money if the bankruptcy does not allow remaining client accounts to be made whole.

The Reuters piece misses the point.

Both the Commodity Futures Trading Commission and the Chicago Mercantile Exchange were charged with overseeing MF Global, their clearing member. If we are to believe them, they had no idea of any difficulties within the firm before customer accounts went missing just a few days before the collapse. But someone clearly knew of the cratering positions and imminent collapse of MF Global, as billions of dollars of accounts were "coincidentally" withdrawn. And what do the Koch brothers say was the reason for these withdrawals? There's been no comment.

For those still battling the excesses of 2008 and those occupying Wall Street, this has been another proof of the inside, "fixed" operation of the financial markets. When banks go wrong, betting big with other people's money and losing, they can be sure of a bailout that guarantees their bonuses and businesses. And when firms are tailspinning to disaster, the richest and most financially influential partners are sure to get a phone call -- a "heads-up" - to save their assets and leave regular people with the mess.

Jon Corzine used his strong Wall Street reputation to intimidate regulators in establishing the positions that ultimately doomed MF Global. That reputation was built upon always taking care of your friends and your biggest customers.

The next investigation should question whether Jon Corzine used his last days at MF Global to help his friends one last time -- as for me, I have no doubt.

 
 
 

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HUFFPOST SUPER USER
Al Jolson
regressive republicans give me gas
06:47 PM on 12/08/2011
GOP = 1%
12:54 PM on 12/08/2011
Don't forget to mention that Corzine was a former Democratic Gov of NJ and got big endorsements from the O-man:

http://dailycaller.com/2011/11/20/in-2009-campaign-ad-obama-called-corzine-leader-ally-video/
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HUFFPOST SUPER USER
mkelch
Reality is an escape.
03:32 PM on 11/17/2011
I'm surprised the MF Global failure is getting so little attention. It appears that instead of creating a security that is sure to fail and encouraging investors to buy a position while the firm bets against them, MF Global simplified the process by taking money directly out of client accounts. How is it that the Koch Bros. and a hand-full of other well connected investors were aware that MF Global was failing yet the regulators, the auditors and the financial press was not?

On the surface it appears that the same players are doing the same things they did to tank the world economy without the slightest bit of attention from the people who are paid to keep the markets honest. If so, clearly the financial system as we have known it no longer exists.
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PermanentVacancy
Those who do not move, do not notice their chains.
02:27 PM on 12/09/2011
Have you read about the claw backs on "small" account holders who transferred money out of their accounts? Here is a farmer who saw that something was coming down the pike.
Bob voted with his feet. He closed off all open positions. He got back to cash. Then he requested a wire transfer for the balance(s). He left a small operating balance in the accounts in order to keep them open. This fellow was small potatoes. Two of the accounts were under $20k. The other was $215k.

Wire transfers to a bank were requested.

According to Bob, the wires went out on Wednesday, October 26 (four days before BK). All three wire transfers were received on Thursday October 27.

But on Friday, October 28, the bank that had received the funds reversed the wire transfer for the larger amount. The transfers for the two smaller amounts were not reversed.

This is highly unusual. It is extremely difficult to reverse a wire transfer. Wire transfers are considered to be Immediately Available Funds or “Good Funds”. Absent a court order, the only way to reverse a wire transfer is when the remitting bank provides a letter of indemnity ("LOI") to the receiving bank. I’ve written these letters.
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HUFFPOST SUPER USER
ScaningTheWaves
05:38 PM on 11/16/2011
MF Global and the Koch Bros.

Posted by Lew Rockwell on November 16, 2011 03:53 PM

From Gary North:

Both the Commodity Futures Trading Commission and the Chicago Mercantile Exchange were charged with overseeing MF Global, their clearing member. If we are to believe them, they had no idea of any difficulties within the firm before customer accounts went missing just a few days before the collapse. But someone clearly knew of the cratering positions and imminent collapse of MF Global, as billions of dollars of accounts were “coincidentally” withdrawn, writes Huffington Post’s Daniel Dicker, noting how funds in accounts owned by the billionaire Koch brothers were withdrawn just in time, clearly suggesting that big players got a “heads up” that MF Global was going down.
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HUFFPOST SUPER USER
dragonlady620
My karma will run over your dogma
01:18 PM on 11/15/2011
"The net of the law is designed to catch small criminals only."
11:47 AM on 11/15/2011
http://www.zerohedge.com/contributed/commodity-customer-coalition-objects-jp-morgans-super-priority-protection-over-mf-global

Last week, we noted many peculiarities with respect to the MF Global bankruptcy, not the least of which is the first-lien protection granted to JP Morgan Chase only two days after the bankruptcy, which gives the bank (MF Global's largest creditor) priority claim over MF Global's own customers--an unprecedented act within the futures industry. To date, an estimated $600 million of what were supposed to be segregated customer funds remains missing, and the remaining cash in thousands of customer accounts, including that of farmers, producers and speculators alike, remains frozen.

Only yesterday, after collaboration with other customer attorneys, James Koutoulas filed an objection to JP Morgan's super-priority protection. Inquiries, including those of other MF Global customers and the media may made through the Commodity Customer Coalition website.

The text of the Objection follows. The full filing here:

Pg 1 of 12

James L. Koutoulas, Esq. 190

S. LaSalle St., #3000

Chicago, IL 60603

(312) 836-1180

James L. Koutoulas

Counsel for the Commodity Customer Coalition
11:15 AM on 11/15/2011
From what I have read Mr Dicker it is the cash positions that are problematic while contracts are actually held by the exchange. If the Kochs had large futures contracts they would be easily verified and transferred to another broker. If they had a billion in cash and were able to withdraw that account then I think you would have a point. I know SIPC doesn't apply here, but there is a reason why SIPC covers a much smaller amount of cash than it does in securities. It is the same principle I believe.
10:41 PM on 11/20/2011
Exactly, a company that trades commodities, like Koch, would not have a huge amount of cash on deposit with MF Global. There probably had some accounts for a few trading entities and cleared trades through MF Global, but I think it is a very small likelihood that they would have had tens or hundred of million there. May a bit of initial margin and some maintenance margin, but the amounts would likely be very minimal. If the author is an oil trader and columnist for TheStreet.com...you would think he would know that.
02:25 PM on 11/14/2011
Wow.... You have got you facts up in a pretzel. Do you even know the regulatory structure that MF Global was under? Do you know that the parent company was not betting on derivatives, only spreading sovereign bonds? Did you know that other firms who smelled something funny withdrew their funds as well? Koch industries was not alone. If any other firm was complicit in the mingling of customer funds, it would be JP Morgan. 2008 has nothing to do with the MF Global meltdown. The regulatory laws to prevent the problem were in place. The MF G management just chose to ignore them. Really do some research on the subject you are pontificating on first before you puke duct taped together inuendos onto the page.
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HUFFPOST BLOGGER
Daniel Dicker
03:51 PM on 11/14/2011
Wrong - they traded leveraged credit repo's - a derivative that could be booked as a SALE on the balance sheet allowing them to lever up the way they did --

You should get your facts straight before you comment on something you clearly know nothing about...
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
07:18 PM on 11/14/2011
Ha! The last 'fact' that poster had in his head died of loneliness.
05:12 PM on 11/14/2011
In effect, a repo is a secured loan since the lender gets a collateral for the cash being lent out -- the only difference is that the ownership of the collateral is transferred in the case of repos, whereas under a loan the borrower retains ownership of the collateral. The difference between the selling price and the repurchase price is the effective interest in these transaction.

They were doing repo to maturity transactions which requires no derivatives. READ your news closer. You can lever up without derivatives in Repos to Mats because you can take them off book. Why would a hard lefty like Corzine help out a Koch Industries anyways...
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HUFFPOST BLOGGER
Daniel Dicker
06:51 PM on 11/14/2011
Why do I bother with these guys? Why?

OK -- here is the piece from Janet Tivikoli, the absolute expert in Repo's to maturity and the clear financial whistleblower in the MF Global case.......

http://www.huffingtonpost.com/janet-tavakoli/credit-derivatives-and-le_b_1075623.html

And the answer to why the Koch brothers might have gotten a tip-off from a "lefty" is MONEY -- where all politics disappear.......
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HUFFPOST SUPER USER
mkelch
Reality is an escape.
01:32 PM on 11/14/2011
How is it that MF Global's regulators were unaware that the firm was in trouble? MF Global stock began selling off in early August. Surely, management at MF Global suspected the worse.