April 27, 2024

DealBook: E-Mail Clues in Tracking MF Global Client Funds

Federal authorities investigating the collapse of MF Global have uncovered e-mails that detail the transfers of money in the firm’s last days, including transfers that contained customer money, according to people close to the investigation.

One e-mail chain refers to the transfer of roughly $200 million that MF Global owed JPMorgan Chase on Oct. 28 — the firm’s last business day before it filed for bankruptcy. In that chain, a senior official in the firm’s Chicago office was told to make the transfer, said the people close to the investigation who requested anonymity because the inquiry was still open.

That official, Edith O’Brien, a treasurer at MF Global, is considered a “person of interest” in the investigation, said two of the people, who added that authorities expected to interview her in the coming days. It was not clear who had directed Ms. O’Brien, whose job was to oversee the customer money, to make the Oct. 28 transfer. The roughly $200 million that JPMorgan Chase received is said to be entirely customer money.

Ms. O’Brien has hired a prominent criminal defense lawyer, Reid H. Weingarten of Steptoe Johnson, according to one of the people. Ms. O’Brien has not been accused of any wrongdoing. And there is no indication that she had reason to suspect that the money being transferred included customer money.

MF Global’s sloppy recordkeeping and a flurry of transactions in its final days may have obscured the fact that the firm was dipping into the cash of farmers, traders and hedge funds to cover its own needs.

Still, the interest in Ms. O’Brien and the e-mails suggest that, nearly two months after some $1 billion in customer money went missing, investigators have identified employees who may have played an important and perhaps unwitting role in the improper use of customer money.

Ms. O’Brien could not be reached for comment. Mr. Weingarten did not respond to several requests for comment. A spokesman for the Commodity Futures Trading Commission, which is leading the investigation, declined to comment.

Mr. Weingarten, a former Justice Department official, has also represented Bernard J. Ebbers, the former chief executive of WorldCom, and other top corporate executives. Lloyd C. Blankfein, the chief executive of Goldman Sachs, hired Mr. Weingarten this year.

The transfer to JPMorgan was not the only questionable one. Investigators suspect that later on Oct. 28, MF Global continued using customer money to settle payments with trading partners and others, leading to the roughly $1 billion hole in customer cash.

Regulators have spent nearly two months hunting for the missing money. Angry customers, who have yet to receive roughly a third of their money, have taken their grievances to Washington. Jon S. Corzine, the company’s former chief executive, has testified on Capitol Hill three times this month about the firm’s collapse.

Mr. Corzine, a former United States senator and New Jersey governor, testified that on the morning of Oct. 28, JPMorgan told him that one of the firm’s accounts at the bank in London was overdrawn. He said he passed the notice along to his staff.

“At that time, I was trying to sell billions of dollars of securities to JPMorgan Chase in order to reduce our balance sheet and generate liquidity,” Mr. Corzine told lawmakers. “JPMorgan Chase told me that they would not engage in those transactions until overdrafts in London were cleaned up.”

After the transfer, JPMorgan, one of MF Global’s main banks, questioned Mr. Corzine about the source of the money.

“Since I had no personal knowledge of the issue, I asked senior people in the back office and the legal department to become directly involved in responding to JPMorgan Chase’s request,” he told the House Financial Services Subcommittee on Oversight and Investigations.

Mr. Corzine testified that Ms. O’Brien assuaged any concerns that MF Global had been improperly using customer cash.

“I had explicit statements that we were using proper funds, both orally and in writing, to the best of my knowledge,” he told the panel. “The woman that I spoke to was a Ms. Edith O’Brien.”

But JPMorgan was not satisfied. The bank once again contacted Mr. Corzine, this time requesting a guarantee in writing. Mr. Corzine handed the request to his general counsel, Laurie Ferber. Ms. Ferber would not authorize the document, according to one of the people close to the investigation, saying the firm did not offer such special assurances.

Two days later, at about 6 p.m. on Sunday, Oct. 30, Ms. Ferber notified regulators that there was an apparent shortfall in customer money. She blamed an accounting error, according to the CME Group, the firm’s primary regulator and an exchange where it conducted business.

At about 1 a.m., Ms. O’Brien and another executive in Chicago told the exchange that the shortfall in the customer accounts was real, according to the CME.

Ms. O’Brien is considered an expert of sorts on the protection of customer money at futures firms.

In the last year and a half, Ms. O’Brien has made several appearances before the Commodity Futures Trading Commission. On at least two occasions, she was a panelist at roundtable discussions held at the agency on the topic of safeguarding customer money, and also attended at least three meetings with agency officials, including one titled “Practicalities of Individual Customer Protection.”

Since MF Global’s collapse, Ms. O’Brien has been working for the trustee overseeing the liquidation of the firm’s brokerage unit, helping lawyers and accountants understand the firm’s operations.

Article source: http://feeds.nytimes.com/click.phdo?i=3334ad159d8e18ab5e18bc0c72f846d0

On the Road: As Summer Approaches, Odd Behavior Onboard

Well, I thought, nothing new here. As most of us frequent travelers know, the truly disturbed and the questionably functional are just as free to fly as anyone else, if they aren’t on a terrorist watch list and don’t try to bring shotguns or other prohibited items through airport security. It’s a free country, after all.

Still, it does seem from the headlines that there has been an unusual amount of weirdness in air travel lately. We can probably overlook a passenger stripping naked and running down the aisle babbling drunkenly. But this rushing of airliner doors does command serious attention. In the last two weeks, there have been at least three well-publicized incidents of passengers being wrestled to the deck by the crew and other passengers after unsuccessful attempts to force open the door of the cockpit or cabin.

Cockpit doors, of course, have been fortified against intruders since shortly after the 9/11 hijackings. Cabin doors can’t be opened in flight no matter how motivated the would-be departing passenger.

Last week, I was especially taken with one of those cases. On May 8, Reynel C. Alcaide of Illinois shoved aside a flight attendant and rushed the cabin door on a Continental Airlines 737. He was subdued by the crew and passengers. The authorities said Mr. Alcaide was screaming that he needed to get off the plane, which was in flight between Houston and Chicago. He was arrested on federal charges, including interfering with a flight crew, in St. Louis, where the plane had made an emergency landing. Mr. Alcaide has no known connection to Al Qaeda beyond the similar sounding name.

I mentioned that incident last week to Stuart Slotnick, a New York criminal defense lawyer who has handled some in-flight arrest cases.

“Wait a minute, what did you say this guy’s name was?” Mr. Slotnick asked.

“Alcaide.”

“Pronounced like that?”

“I think so,” I said.

“That alone is truly crazy,” Mr. Slotnick marveled.

The current high anxiety in air travel is not just confined to the airplane, incidentally. Consider, if you will, the Texas House of Representatives, which last week approved legislation that would make it a criminal offense for a Transportation Security Administration screener to conduct a body pat-down at security that is deemed “indecent.”

The T.S.A., which screens an average of more than 1.5 million passengers each day, pointed out that only about 3 percent of passengers ever receive any kind of pat-down, which it calls a “highly effective tool” to keep weapons and other dangerous items off airplanes. And pat-down complaints to the agency are minimal, the agency said. “Between November 2010 and March 2011, T.S.A. screened nearly 252 million people. In that same time period, we received 898 complaints from individuals who have experienced or witnessed a pat-down. That’s roughly 0.0004 percent,” the agency said.

Still, it seems to me that the agency is perhaps overreaching just a bit through its self-defense by its chatty online ombudsman — who goes by the name Blogger Bob — who states the following on the agency’s Web site:

“What’s our take on the Texas House of Representatives voting to ban the current T.S.A. pat-down? Well, the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) prevents states from regulating the federal government.”

Whoa, Blogger Bob, I thought. Do we really need to invoke the Supremacy Clause of the United States Constitution, in response to the lower house of the Texas Legislature?

As the business travel grind slows with the approach of the summer, I say let’s relax, pull our eyeshades down, listen to music, and hope that the high anxiety can be taken down a notch or two before we head for the beach or the mountains. This applies to flight crews, too. While flight attendants put up with a lot, I’ve also been hearing from more passengers than usual complaining of rudeness on flights.

“I mean, trying to open up the door of an airplane in flight is very different from a passenger being arrested for telling off a flight attendant after being mistreated,” Mr. Slotnick said.

“On the other hand, being a flight attendant today can be a terrible job, like being a waiter in a bad restaurant, but you can’t go anywhere, you can’t hide, and you have 150 people asking you to do things for them nonstop,” he said. “And you never know if you’re going to have a job in six months.”

Meanwhile, the skies are likely to become even more crowded as business travel continues to rebound strongly, domestically and internationally. A  new survey of 665 senior finance executives at global companies found that  41 percent plan to spend more on business travel this year, up from 26 percent who said that a year ago. The survey, by the American Express/CFO Research Global Business and Spending Monitor, tracks with other industry studies showing a steady rise in  demand by business travelers  for the rest of this year.

 Even with fares rising and leisure  travel growth showing possible signs of slowing, the skies — and airplanes — could become more crowded after the summer lull. Annoyances undoubtedly will continue.

 Perspective, that’s the ticket.

E-mail: jsharkey@nytimes.com

Article source: http://feeds.nytimes.com/click.phdo?i=196749a2adda1e71cbf88cdb6693ae0d