In a measure that will provide some relief to traders who have clamored to get access to their funds, James Giddens  sought permission to return about $520 million to some 15,000 commodity  customers even as the search continues for client money that regulators  say MF Global may have misappropriated in its final days.
The motion, which must still be  approved by the court, came after intensifying pressure from commodity  traders and the leading exchanges, who said that punishing customers who  had liquidated their trading positions ahead of MF Global's October 31  bankruptcy set a worrying precedent.
Open trading positions were  transferred to other brokers a week ago, along with about 60 percent of  their collateral, but clients with cash only were unable to move their  money out.
The distributions, applicable to  those who held only cash in their accounts as of October 31, could be  made within days, Giddens said.
Giddens had said last week that  any transfer of funds would need to wait until customers had filed  claims against their frozen cash-only accounts, a process he was seeking  to expedite. But some customers had filed a suit seeking to release  their funds, and on Friday the CME Group made an unprecedented offer to put up $300 million of its own funds as a guarantee to try speed up the process.
The collapse of MF Global, once  the eighth-largest futures commission merchant by funds and one of the  most active on U.S. commodity exchanges, has rocked confidence in the  broker industry and the marketplace, both because of the possible  violation of supposedly sacrosanct client accounts and because of what  traders say has been a painfully slow effort to return frozen funds to  clients.
Those without access to their capital have been largely unable to put  up the collateral required to open new trades, losing time and  opportunity in a volatile market.The extent of the shortfall in  segregated customer funds is still not known, the trustee said in the  filing. MF Global collapsed in late October after former Chief Executive  Jon Corzine's highly leveraged $6 billion bet on European sovereign  debt triggered a crisis of confidence in the broker, triggering margin  calls and a run on its funds.
But as the investigation continues more cash may be released.
"The Trustee expects to be able to  make one or more additional interim distributions as part of the  expedited claims process, with the goal of ensuring equal treatment of  all of MFGI's customers in advance of the final determination of the pro  rata share to which they are each entitled," according to the filing.
The filing said that some 21,000  customers had a total of $869 million in cash-only accounts at the time  of MF Global's failure. Another $1.5 billion in collateral had already  been moved to new brokers when approximately 3 million open trading  positions were transferred.
Unsettled by the prospect that  their excess funds could be unsafe, or that they could be frozen for  weeks in the event of another failure, traders across the world are  demanding more assurances from their brokers.
"We need to know where the money  is. Show us the bloody money. It's not their money, it's not even our  money. It's our clients' money -- some of whom worked all their life for  it," Jean-Marc Bonnefous, a managing partner with hedge fund Tellurian  Capital Management in London, told Reuters earlier on Tuesday.
Even if the trustee is able to  return more of the frozen funds to clients, most will likely have to  endure a lengthy bankruptcy process before recouping much of the  estimated $600 million that has gone missing, legal experts say.
While the CME has pledged to use  its $50 million CME Trust to help offset losses to exchange  participants, a federal insurance fund for broker customers doesn't  extend to commodity markets.

 
 
 
 
 
 11/15/2011 10:40:00 PM
11/15/2011 10:40:00 PM
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