CFTC Leaders Jump Ship: Time for Some Real Change

DSC_2006Once again there are a handful of open positions at the Commodities Futures Trading Commission (CFTC). First Jill Sommers, then Gary Gensler and now Bart Chilton are leaving. This agency’s mandate is to regulate commodity futures and options markets in the United States. Unfortunately, it is being run by people who have never traded commodities, run a clearinghouse for commodities or sat on an exchange board.

There is something inherently wrong with this thought process. It would be like me sitting on the medical practices board. Although I am sure that all the people on the CFTC have IRAs and other brokerage accounts, that doesn’t make them experts, just like having health issues doesn’t put me in a position to regulate doctors.

What does this mean when people with so little trading experience run an agency? Simply a replay of the past. Clearinghouses and financial services firms such as Refco, MGF and PFG have collapsed as a result of faulty oversight by the very agency pledged to oversee them. It will happen again.

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Is Washington Finally Addressing Electronic Trading?

On August 23, the Wall Street Journal wrote an article titled “Regulator Moves on Trading.” While it was very well written, it didn’t give any background information on why the CFTC is so behind on addressing electronic trading issues.

The CFTC has a long history of being late to the party on a majority of major issues, while being reactionary on issues that have cost hundreds of millions to the trading community. Unfortunately, in Washington many fingers are pointed and no one ever seems to be held accountable.

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Greenberg Capital LLC Comments on :MF Global Customers to Recoup $546 Million (reprint)

MF Global Customers to Recoup $546 Million

(original source: TheEpochTimes)
Former chairman and CEO of MF Global Jon Corzine testifies Dec. 15, 2011, during a Financial Services Committee hearing on Capitol Hill in Washington. The committee found that Corzine personally ordered the transfer of customer funds to cover company losses. (Alex Wong/Getty Images)

Former chairman and CEO of MF Global Jon Corzine testifies Dec. 15, 2011, during a Financial Services Committee hearing on Capitol Hill in Washington. The committee found that Corzine personally ordered the transfer of customer funds to cover company losses. (Alex Wong/Getty Images)

The trustee of bankrupt MF Global Inc. settled a dispute with J.P. Morgan March 19 that will see $546 million returned to customers. Some experts think the settlement helps to return client funds quickly while others think J.P. Morgan got off too easy.

James W. Giddens, Trustee for MF Global Inc. said, “This is a significant milestone in returning assets to former customers … ending what would have been a costly, protracted, and uncertain legal battle.” He also said that the settlement avoids yearlong delays in returning money to customers. Continue reading

The Difference Between the SEC Handling of Heinz and Washington’s Handing of the Leak of the SPR in Oil is…

The Difference Between the SEC Handling of Heinz and Washington’s Handing of the Leak of the SPR in Oil is….

petro_reserve3462the SEC took action.  Below is an email sent to a contact in the White House on June 24, 2011 telling the President exactly how to find out which companies might have had inside information.  A contact in the White House was working on the jobs council.  I had also spoken with him about the run up in gas prices.  I realized that, after speaking with him for over 30 minutes, he didn’t understand what I was talking about. Continue reading

MF Global – My email to the CFTC

This blog was originally set to post on 10/31/12,  due to Hurricane Sandy and the issues that we faced on Long Island, New York, it was delayed.

The following was an email I sent to Bart Chilton on the eve of the MF global Collapse. The actions that were not taken by the CFTC and the CME added undue risk into the markets –  many traders and introducing brokers never recovered from being locked out . While John Corzine is a free man, and the board members of the CME and commissioners of the CFTC point fingers and have conflicting stories, they are still in positions of power.  The real question is ’What lies ahead for investors?’ The markets with cleared swaps are only getting more complicated to regulate and the speed in which events happen will only get faster.  We have seen over and over that the regulators are still behind on understanding the futures markets. Continue reading

CFTC Stuck on Position Limits

Earlier this week, Reuters published an article: CFTC staff recommends appeal of commodity limits ruling: source

CFTC web site fact:  The Energy and Environmental Markets Advisory Committee (formerly the Energy Markets Advisory Committee) has not met since September 16, 2009 and the only other meetings were May 13, 2009 and June 10, 2008.

While being a Board Member at the New York Mercantile Exchange (NYMEX), I remember the feeling of always banging my head against the wall when I knew the CFTC was looking into issues of trading improprieties. They always asked the wrong people the wrong questions. I often wondered whether they had their head in the sand for reasons we cannot talk about or if they were just always out-matched

I think it is a little of both. Continue reading