April 23, 2024

DealBook: MF Global Trustee Seeks Money From British Arm

James Giddens, left, trustee of the liquidation of MF Global, and Terrence Duffy, executive chairman of CME Group, at a Senate panel in Washington.Andrew Harrer/Bloomberg NewsJames Giddens, left, trustee of the liquidation of MF Global, and Terrence Duffy, executive chairman of CME Group, at a Senate panel in Washington.

The trustee liquidating MF Global’s trading operations said on Friday that his office was seeking the return of more than $600 million from the failed firm’s British arm, potentially setting up a cross-border fight over customer money.

The trustee, James W. Giddens, said in a statement that he had identified about $600 million to $700 million in American customer money held at MF Global U.K. That money, he said, was held for clients who traded on foreign exchanges.

But KPMG, the court-appointed administrator for the British subsidiary, disputes that conclusion. In a news release last week, KPMG officials said they had recovered £594 million, or $931.1 million, of client money and £201 million, or $315.1 million, of company money. The administrator plans to begin returning money to British customers “as soon as reasonably practicable.”

“I am disappointed in the U.K. administrators’ position,” Mr. Giddens said in a statement. “While we have made significant progress in identifying and distributing customer property held by U.S. depositories, the U.K. administrators’ position will significantly affect, in the near term, my ability to return a substantial amount to U.S. customers dealing in foreign futures.”

But there are relatively few options for Mr. Giddens’ office to pursue. One of the most likely courses of action is to file a claim in the British court proceedings, in which the probability of success is uncertain but likely low. Many clients of Lehman Brothers whose positions were held at the collapsed investment bank’s British arm sought for months to try to unfreeze their money, but were forced to liquidate their positions.

The dispute highlights the growing difficulty that Mr. Giddens faces. His team has distributed most of the money held in U.S. depositary institutions, returning about 72 percent of customer money. But there is still $1.2 billion in customer money that hasn’t been accounted for.

(The money at the center of the tiff between Mr. Giddens and KPMG isn’t considered to be part of that pool of missing cash, instead belonging to a separate pot of customer money.)

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DealBook: Trades Are Linked to Missing MF Global Funds

James W. Giddens, the trustee overseeing the liquidation of MF Global.Marian GoldmanJames W. Giddens, the trustee liquidating MF Global.

The trustee liquidating MF Global’s brokerage unit has spotted suspicious trades in customer accounts that appear connected to a $1.2 billion shortfall, the trustee’s lawyer said Friday.

The lawyer, James Kobak, said at a hearing in Federal Bankruptcy Court in Manhattan that most of the transactions appeared to have taken place close to the weekend before MF Global filed for bankruptcy.

Separately, the bankruptcy judge overseeing the case, Martin Glenn, approved a request by the trustee to pay out up to $2.2 billion to MF Global brokerage customers. The move by the trustee, James W. Giddens, would represent the return of about 72 percent of the fallen firm’s customer accounts.

The update by Mr. Giddens’s lawyer, Mr. Kobak, comes amid continuing investigations into the demise of MF Global. In his first public appearance since the bankruptcy filing, Jon S. Corzine, MF Global’s former chief executive, testified at a Congressional hearing on Thursday that he did not know what lay behind the customer fund shortfall.

The discovery of the missing money scuttled an effort by MF Global to sell itself, leading to its bankruptcy filing on Oct. 31. Investigators, including the Federal Bureau of Investigation, have been combing through the firm’s books since then, trying to determine if money was improperly moved out of the firm.

At the House Agriculture Committee’s hearing, Mr. Corzine said only that he was “stunned” by the discovery of the shortfall and that he “never intended to break any rules.” He has not been accused of wrongdoing.

In his update, Mr. Kobak declined to elaborate on the suspicious trades or whether criminal activity was involved. He said the shortfall might exceed $1.2 billion, out of an estimated $5.8 billion in total customer funds.

A spokesman for Mr. Giddens said in a statement after the hearing, “The full amount of any shortfall will not be known with certainty until the claims process is completed.” Some of the unaccounted-for money may lie in MF Global’s foreign subsidiaries, which are under the control of court-appointed trustees in other countries. Mr. Giddens’s office estimates that MF Global’s American brokerage customers are owed about $857 million held abroad, while the American brokerage unit may owe about $253 million.

Mr. Giddens and the other trustees are in negotiations to return at least some of that money.

The distribution approved on Friday is the single-biggest return of MF Global customer money to date. Two earlier distributions returned about $2 billion in client funds. A spokesman for Mr. Giddens said that the bulk of the money would be distributed within days, and the remainder within two to four weeks.

Its approval came despite objections from the firm’s creditors and from customers who have not yet received any distributions of funds. Each group argues that these interim payouts would ultimately reduce the amount of money available to them.

But Judge Glenn, who in court hearings has repeatedly cited the high volume of calls from MF Global customers, said that such concerns would be dealt with in the final claims process. Mr. Giddens has set aside about $1 billion for remaining claims, though that amount could grow as additional money is recovered.

Also on Friday, Mr. Giddens’s office won court approval to transfer about 330 additional MF Global securities accounts to another brokerage firm.

Article source: http://feeds.nytimes.com/click.phdo?i=42a5b8e9ec1462d4bf18a376fb2990b7

DealBook: MF Global Trustee Says Shortfall Could Exceed $1.2 Billion

Jon S. Corzine on the trading floor of MF Global last year.David Goldman for The New York TimesJon S. Corzine on the trading floor of MF Global last year.

12:55 p.m. | Updated

The court-appointed trustee overseeing the liquidation of MF Global’s brokerage now estimates that the shortfall in the firm’s customer funds could be more than $1.2 billion, double previous estimates.

Regulators currently suspect that MF Global improperly used customer money for its own purposes in the days before filing for Chapter 11 protection, according to people briefed on the matter.

The decision to release the updated figure on Monday came after authorities concluded that much of the customer money had left the firm, these people said.

By MF Global’s estimates to regulators, roughly $600 million in customer money was missing. But as forensic accountants pored over MF Global’s books in recent weeks, they began to question those estimates.

By Sunday, the accountants from Deloitte and Ernst Young had discovered an even larger gap in customer funds.

The trustee, James W. Giddens, held a four-hour conference call on Sunday evening with staffers in New York City and Chicago before deciding to publicly reveal the new number, according to a spokesman, Kent Jarrell. Officials from the Commodity Futures Trading Commission and the CME Group, MF Global’s primary exchange, were consulted on Sunday night.

It is unclear what is behind MF Global’s prior, substantially lower estimates. The matter is being investigated by Mr. Giddens and a collection of federal authorities, including the Justice Department.

Authorities are still searching for the money, and are considering two possibilities. One is that MF Global used the money to meet trading partners’ demands for extra cash, which could come back. The other is that it was used to cover trading losses, which would be unrecoverable.

A spokeswoman for MF Global declined to comment.

Separately, Mr. Giddens’s office said it had already distributed about $1.5 billion in customer funds meant to support trading positions, and that $520 million in additional cash would soon be paid out.

The trustee’s office still controls about $1.6 billion in customer funds, most of which could be distributed early next month.

Beyond the shortfall in customer accounts, Mr. Giddens’s office said it did not have access to money that was held in foreign subsidiaries of MF Global, which are under the control of bankruptcy trustees in those countries.

“While the trustee will pursue them vigorously, it has been his experience that recovery of these foreign assets may take more time,” the office said.

MF Global trustee’s statement

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DealBook: MF Global Trustee Estimates Shortfall Could Be More Than $1.2 Billion

Jon S. Corzine on the trading floor of MF Global last year.David Goldman for The New York TimesJon S. Corzine on the trading floor of MF Global last year.

The court-appointed trustee overseeing the liquidation of MF Global’s brokerage now estimates that the shortfall in the firm’s customer funds could be more than $1.2 billion, double previous estimates.

The trustee, James W. Giddens, said in a statement on Monday that his office was continuing to search for the missing funds, in conjunction with regulators and the Justice Department. He added that the numbers were preliminary and could change.

Mr. Giddens’s office did not elaborate on what might have happened to the money, though investigators have been focusing on the possibility that MF Global improperly used customer money to cover trading losses in the days before its bankruptcy filing.

Separately, Mr. Giddens’s office said it had already distributed about $1.5 billion in customer funds meant to support trading positions, and that $520 million in additional cash would soon be paid out.

The trustee’s office still controls about $1.6 billion in customer funds, most of which could be distributed early next month.

Beyond the shortfall in customer accounts, Mr. Giddens’s office said it did not have access to money that was held in foreign subsidiaries of MF Global, which are under the control of bankruptcy trustees in those countries.

“While the trustee will pursue them vigorously, it has been his experience that recovery of these foreign assets may take more time,” the office said.

MF Global trustee’s statement

Article source: http://feeds.nytimes.com/click.phdo?i=370c341008c53970d31dd74434373d65