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The Commodity Customer Coalition Objects to JP Morgan's Super-Priority Protection Over MF Global Customers

EB's picture




 

 

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

 

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

 

In re:

MF GLOBAL HOLDINGS LTD, et al.

Debtors

 

Chapter 11

Case No. 11-15059 (MG)

 

COMMODITY CUSTOMER COALITION’S OBJECTION TO THE

MOTION OF THE DEBTORS FOR INTERIM AND FINAL ORDERS UNDER

11 U.S.C. §§ 105, 361, 362, 363(c), AND 363(e) AND BANKRUPTCY RULES 2002, 4001,

6003, 6004 AND 9014 (I) AUTHORIZING THE DEBTORS TO USE CASH

COLLATERAL, (II) GRANTING ADEQUATE PROTECTION TO THE

LIQUIDITY FACILITY LENDERS, AND (III) SCHEDULING A FINAL

HEARING PURSUANT TO BANKRUPTCY RULES 4001(b) AND (c)

 

The Commodity Customer Coalition, which is made up of numerous MF Global, Inc. customers such as Phil Edgerley, a hog farmer from central Illinois, as well as those other customers listed on Exhibit A (and, on an informal basis, represents the interests of over 2,500 MF Global, Inc. customers who have indicated interest via email or through their brokers) (together, the “Customers”), objects to the Motion of the Debtors for Interim and Final Orders (“Motion”) on the following grounds:[1] (i) the Debtors have not provided adequate notice of the

 

1 Capitalized terms that are otherwise not defined in this Objection shall have the same meaning ascribed to them in Debtors’ Motion.

 

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Motion to all interested parties; (ii) no one — not the Liquidity Facility Lenders or the professionals — is entitled to priority secured interests in assets that may belong to Customers; (iii) the Debtors have not proposed any protection for the priority interests of Customers; and (iv) the Liquidity Facility Lenders are not entitled to a finding of good faith at this stage in the proceedings.

 

INTRODUCTION

 

MF Global, Inc. was a registered broker-dealer, used by its Customers to trade commodities, futures and derivatives. Customers maintained accounts at MF Global, Inc., which were supposed to be held inviolate under CFTC Regulation 4.20(c), and which have a first-priority right of recovery under 11 U.S.C. § 766(h) and 17 C.F.R. § 190.08. Yet, it appears that over $600 million in Customer funds are unaccounted for at MF Global, Inc. (“Missing Funds”), due to poor internal controls, and may have been commingled with proprietary funds held by MF Global, Inc., and the Debtors.

 

Presently, the Securities and Exchange Commission (“SEC”), Commodity Futures Trading Commission (“CFTC”), the FBI, and the Trustee overseeing the liquidation of MF Global, Inc., are investigating the disposition of the Missing Funds. It could be that some or all of the missing funds are held by, or are tied up in assets owned by, the Debtors. According to Section 766(h) of Chapter 11 of the Bankruptcy Code, such funds would have to be returned to the Customers before any other creditor.

 

Pg 3 of 12

 

In the meantime, Debtors, the Liquidity Facility Lenders, and the professionals representing both, have sought approval to carve out funds for themselves — under a so-called super-priority protection — without regard to the Customers’ right to have their funds returned before any other money is spent from the bankruptcy estate. Yet, the Debtors have not provided notice to all MF Global, Inc. customers, nor have they apparently even notified the trustee for MF Global, Inc. of the potential impact of the Motion on potential Customer funds.

 

Indeed, if granted, such a super-priority right would abrogate sacrosanct protections for commodities account holders, depriving those who trade in commodities, futures, and derivatives, of their only protection and potentially chill economic activity. It is premature to enter such an order — particularly one that includes a “good faith” finding to a lender that may have benefitted from the improper transfer of the Customer Funds to pay down an outstanding loan.

 

BACKGROUND

 

MF Global customers represent a cross-section of people across America and the world, from farmers and ranchers who hedge their crops and herds, to oil producers and miners who use futures to lock-in prices and take delivery of physical commodities, to retirees who invest in futures to diversify their portfolios. For example, farmers who have crops in the field need to sell futures in commodity markets so they can lock in prices for their future yields today, instead of taking on market risk as they would otherwise be exposed to volatile price swings. Large corporations like Coca-Cola who make money in foreign markets do not want to lose

 

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money when they repatriate revenue earned in foreign currency. They have to be able to forecast future expenses and profits accurately in the currency of their domicile and hedge that currency price risk in futures markets accordingly.

 

Investors add volume and liquidity to these markets which allow for better, more efficient pricing of commodities. This allows for stability in prices of commodities and predictability of future profit and loss, which in turn allows for stability in producer and consumer prices. These commodities include everything from grains like corn and wheat, to energy like oil and natural gas, to soft goods like cotton and sugar, to currencies like the US dollar and Euro, to financial instruments like bonds and stock indexes. Simply put, trading in commodity futures markets is a mainstay of the American economic engine.

 

Segregated Funds: Cornerstone of the Commodities Industry:

 

One of the big differences between commodities brokers and securities (stocks and bonds) brokers is that commodity brokers have an obligation to keep customer funds completely segregated from the firm’s own assets. This is to ensure that clients are completely protected from losses sustained by the firms’ trading and operations. It also is in contrast to the securities industry, as the Securities Investors Protection Act back-stops losses suffered by securities investors due to broker malfeasance, but does not similarly back-stop similar losses suffered by commodities investors.

Many industry groups and regulators have heralded segregated account protection, arguing that no client has ever lost a penny from a segregated account as the result of a broker bankruptcy, and this has been a key driver of volume and profitability for the Chicago

 

Pg 5 of 12

 

Mercantile Exchange. “However, all futures trading accounts, including managed futures, have the advantage of specific industry rules that require the segregation of customer funds from the firm's own funds. The practice of segregating customer funds protects investors in the event of default at the Futures Clearing Merchant (FCM, the industry term for futures brokerage firms licensed to trade on futures exchanges in the U.S.) holding their account. While FCM bankruptcies are rare, they do occur. In 2005, Refco Inc. and 23 of its unregulated subsidiaries filed for Chapter 11 bankruptcy protection. However, Refco's regulated subsidiaries (where customers' futures trading and managed futures accounts resided) were unaffected and customers were able to continue trading and managing their accounts.” See “Safeguarding Customers Through Segregated Funds” by CME Group, Inc.http://www.cmegroup.com/managedfutures/Feb2011/safeguarding-customers-through-segregated-funds.html.

 

So, whereas securities clients are afforded various insurance in the event of a broker bankruptcy, commodities clients are afforded none—which is economically rational only because their funds cannot be commingled with a broker's assets and cannot be used to pay creditors in a bankruptcy. Segregated funds are accounted for daily to the National Futures Association (“NFA”) and to the CFTC through the broker’s designated self-regulatory organization (“DSRO”), which in MF Global’s case was the Chicago Mercantile Exchange (“CME”).

 

MF Global Did Not Maintain Segregated Accounts

 

Despite the fact that MF Global was responsible for maintaining full segregation of customer funds on a daily basis, there remains $633M in unaccounted for customer segregated

 

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funds two weeks after the firm filed bankruptcy. Moreover, the officers and directors of MF Global have thus far been uncooperative in aiding the court in ascertaining the whereabouts of these missing funds, despite a formal probe by the CFTC, the US futures regulator. This has driven the Trustee’s office to comment: “Our forensic investigators have been there since last week and nothing we have found so far causes us to think anything other than there is an apparent shortfall at MF.” See “MF Global Fund Frustration Grows, CFTC Confirms Probe,” by Reuters, November 10, 2011, http://www.reuters.com/article/2011/11/11/us-mfglobal-cftc-investigation-idUSTRE7A96C420111111

 

These failures to cooperate are consistent with the operating history of MF Global, which is fraught with examples of misconduct and disregard for regulations. “An analysis of regulatory enforcement actions shows MF Global has drawn more sanctions from the U.S. commodity futures regulator than each of its 14 closest peers in that market over the past decade. MF Global has also drawn the second highest amount in fines, for alleged lapses in risk supervision and recordkeeping.” See “Insight: Risk, Lax Oversight Riddle MF Global’s Past,” by Reuters, November 11, 2011, http://www.reuters.com/article/2011/11/11/us-mfglobal-legal-fidUSTRE7AA2KO20111111

 

As of today, it is not clear where the Missing Funds might be—although they may have been taken as part of one or more margin calls related to sovereign debt held by MF Global on its own account. See “MF Global May Have Used Customer Funds In The Losing $6.3 Billion Trade Without Informing Clients,” November 8, 2011, Forbes, athttp://www.forbes.com/sites/robertlenzner/2011/11/08/mf-global-used-customer-funds-in-the-

 

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losing-6-3-billion-trade-without-informing-clients/. The CME has gone so far as to say that it appears MF Global moved funds immediately prior to bankruptcy from “segregated funds in a manner that may have been designed to avoid detection,” according to a CME statement on November 2, 2011. http://www.prnewswire.com/news-releases/cme-group-statement-regardingmf-global-133102203.html. It is equally possible that these funds were seized and used to pay down the line of credit held by MF Global Holdings, Ltd. or have otherwise been used to bolster cash held by the Debtors.

 

ARGUMENT

 

Due to the apparent shortfall of customer segregated funds and the lack of cooperation by MF Global officers and directors in determining its whereabouts, it is imperative that the Court does not grant any liens, encumbrances, priorities, or super-priorities of any assets in the Debtors without protection for customer funds at this time.2 To do so could allow Debtors and JPMorgan Chase Bank, N.A. (“JPMorgan”) to obtain a priority over Customers on Customer Funds, in derogation of the Bankruptcy Code and CFTC regulations. This would deprive commodity investors of the one protection they have — a right to priority payout — and possibly further chill economic activity in these troubled economic times. Accordingly, absent some protection for Customers, Debtors’ Motion must be denied.

2 Objectors realize that MF Global Holdings, Ltd. and the other Debtors wish to reorganize and that many thousands of jobs are at stake. Given the $1.2 billion in equity claimed by the Debtors in their Voluntary Petition, there should be a way to provide adequate protection without impacting the rights of segregated customer account holders. Also, if in fact $1.2 billion in equity exists, one would think that existing equity holders would provide protection to the proposed lender to protect their interests.

 

Pg 8 of 12

I. Customers Have Absolute Priority Over Funds Implicated By The Motion.

 

According to 11 U.S.C. § 766(h), a bankruptcy trustee “shall distribute customer property ratably to customers on the basis and to the extent of such customers’ allowed net equity claims, and in priority to all other claims, except [limited costs] attributable to the administration of customer property.” (emphasis added.) Under 17 C.F.R. 190.8, “customer property” includes (among other things) cash, securities or other property “received, acquired or held to margin, guarantee, secure, purchase or sell a commodity contract,” any “open commodity contracts,” and even cash, securities or property that “[w]as unlawfully converted but is part of the debtor’s estate.” The Motion implicates customer property in at least two ways.

 

First, it is unquestionable that there are well over $600 million in Customer funds that simply have not been accounted for. If speculation is true, the Missing Funds could have been seized in a margin call or otherwise improperly applied by the Debtors to their outstanding obligations. Commingling between MF Global, Inc. and Debtors could necessitate a finding of substantive consolidation. Such a finding would, in turn, merit treating Debtors like futures clearing merchants. Such a finding would obviate the protection of Chapter 11, necessitate Debtors’ immediate liquidation, and would unquestionably require priority return of assets to Customers. Until such time as the SEC, CFTC, FBI, and the trustee overseeing the MF Global, Inc. liquidation have completed their forensic analysis, the Court ought to treat the funds that the Debtors seek to use as if they include the Missing Funds.

 

Second, the Motion and Amended Interim Order each provide that JPMorgan can obtain a super-priority or first priority lien (JP Morgan currently is an unsecured creditor) on all

 

Pg 9 of 12

property in which Debtors have an interest, including “intercompany indebtedness ... owed by MF Global, Inc. to each Debtor.” In other words, it is possible, under the Motion, for JPMorgan to obtain a seemingly preferred interest in payments that MF Global, Inc. owes to Debtors—and could use that priority to force MF Global, Inc. to pay JPMorgan rather than pay Customers. The Proposed Order, in Paragraph 5, also gives JPMorgan priority over any claims.

 

Put simply, given the unknowns at this stage in the proceeding, it is undeniable that the Motion may impact funds and/or assets that should first be paid out to Customers—not to lenders and professionals.

 

II. Customers Should Have Received Notice.

 

In this matter, notice has been given in haphazard fashion. Debtors sought and received interim rights over cash collateral and JPMorgan received its super-priority rights on an interim basis without any real notice being given. Then, a hearing was noticed for November 14, 2011. An amended notice, found at Dkt. No. 63, re-set the hearing for Thursday, November 16, 2011, at 3:30 p.m. It also set the objection date for November 11, 2011. Of course, the 16th is a Wednesday and November 11, 2011, was a federal holiday.

 

Even assuming Debtors have calendar-challenges rather than devious intent, Customers still should have received notice of the Motion. As first-priority claimants for whom over $600 million in collateral has vanished, it seems unquestionable that Customers of MF Global, Inc. potentially have rights that ought to be protected in the closely related bankruptcy of MF Global Holdings, Ltd. Yet, no effort was made even to post notice of the Motion on the SIPC trustee’s website in the related bankruptcy.

 

Pg 10 of 12

http://dm.epiq11.com/MFG/Project/default.aspx. For this reason alone, the Motion ought to be denied at this time, until adequate (and accurate) notice can be provided to Customers.

III. The Court Ought To Protect Customer Funds.

 

As noted above, a finding of commingling between MF Global, Inc. and Debtors could necessitate a finding that MF Global, Inc. and the Debtors were substantively consolidated. Such a finding would, in turn, merit treating Debtors like futures clearing merchants. And, such a finding would require that the Court give first priority not to JPMorgan or the professionals in this matter, but to Customers.

It is not beyond the pale to expect that the massive investigation being undertaken by the SEC, CFTC, FBI, and SIPC trustee, will unearth facts that support such a finding. Accordingly, assuming the Court finds that Debtors provided adequate notice, the Court should protect the Customers’ funds. One such protection would be to release $633 million immediately from the estate of MF Global Holdings, Ltd., which reports excess equity of more than $1.3 Billion. (See Mot. at 5.) This would leave Debtors and their lenders with sufficient additional equity to wind-down Debtors’ business.

 

Absent such relief, Customers have no other recourse. Indeed, the SIPC cannot provide relief to the Customers, as its protections only inure to those trading in securities. The CME’s offer of $250,000,000 in liquidity does not staunch the bleeding, either. It is an insufficient band-aid, at best. As a result, hundreds, if not thousands, of commodity traders are being forced to liquidate trading positions, are losing opportunities to trade and to hedge market risk, and are losing trading positions because the cash they need in order to make margin calls is

 

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tied up with MF Global. These parties’ inability to trade, combined with the commodity market’s loss of confidence resulting from this collapse, will certainly have a chilling effect on the economy.

Accordingly, the Customers ask that the Court protect Customer funds by immediately releasing $633 million to them or, in the alternative, clearly providing — in any final order relating to the Motion—that: (i) Customers shall have a right to an ad hoc committee to monitor events in these bankruptcy proceedings; and (ii) any priority lien given to any party in this bankruptcy shall not be superior to the rights, if any, of the Customers to recover from this bankruptcy estate; and (iii) professionals have no right to recover for fees and expenses until such time as any funds deemed — by the SEC, CFTC, FBI, the SIPC trustee, or this Court — to be Customer funds have been released to the Customers.

IV. It Is Too Soon To Make A Good Faith Finding.

 

In the Interim Order, it specifically provides that JPMorgan is deemed to have acted in “good faith” and, accordingly, is entitled to the protection of Bankruptcy Code Sections 363(m) and 264(e). Simply put, until the SEC, CFTC and SIPC trustee have completed their investigations, it is simply too soon to determine whether JPMorgan bargained in good faith, at arms-length, for the right to super-priority liens in this matter. Accordingly, Customers respectfully request that the Court note, in any final order relating to the Motion, that it is withholding judgment as to whether JPMorgan has acted in good faith in these proceedings.

 

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V. Conclusion.

 

Were this Court to allow any party to have an interest superior to customer segregated funds, it would provide a loophole in the protections which are the bedrock of commodity trading. This Court should only provide for the use of Cash Collateral which protects customer funds as Congress, the CFTC, CME, and hundreds of thousands of commodity traders have, for over 100 years, believed to have been the case. The system of regulation in the commodities industry is based on this bedrock principle, and this proceeding should in no way affect it. Wherefore, Phil Edgerley, et al request this honorable Court to deny the request in its current form to utilize Cash Collateral, and only allow such use in a manner which protects segregated customer account holders.

 

Dated: November 14, 2011

 

By: /s/ James L. Koutoulas

James L. Koutoulas, Esq.

Pro Hac Vice Pending

On Behalf of Commodity Customer Coalition

and Plaintiffs Listed in Exhibit A

190 S. LaSalle St., #3000

Chicago, IL 60603

(312) 836-1180

 

Disclosure: Neither the author of this post nor his affiliates is represented by Mr. Koutoulas, nor are they members of the Commodity Customer Coalition.

 

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Thu, 12/15/2011 - 19:59 | 1985539 Mo Bius
Mo Bius's picture

JPMorgan bitchez did it!!

See this:http://www.myspace.com/tom_heneghan_intel/blog

Buy futures on guns.

 

Tue, 11/15/2011 - 16:19 | 1880060 MrBoompi
MrBoompi's picture

Does anyone actually believe the "investors" will win vs JP Morgan?  Does anyone believe $600 million is "missing"?

OK go to court and file a lawsuit.  You'll be in federal court fighting the Bankster/US Government partnership.  What's a snowball's chance in Hell?

 

 

 

 

 

Tue, 11/15/2011 - 14:42 | 1879768 Atlantis Consigliore
Atlantis Consigliore's picture

Sushi anyone?  sushi?  

 

Sushimi customers, with hot sauce.

 

Yer yer yer yer, honor,  may it please the court ?  LOL>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

maybe they can have a Washington sushi party, and discuss

sushi seg funds. .....and Novation.

crooks, liars, thieves and Lawyers and regulators, oh my!@

 

 

Tue, 11/15/2011 - 14:40 | 1879751 Grand Supercycle
Grand Supercycle's picture

NASDAQ megaphone pattern on daily chart indicates a big move lies ahead.

SP500 monthly chart remains bearish and USDX weekly remains bullish, so it’s only a matter of time until the market makes its move.

http://stockmarket618.wordpress.com

Tue, 11/15/2011 - 14:06 | 1879630 NotApplicable
NotApplicable's picture

I'm quite sure that it's the Law of Rule that will prevail.

Tue, 11/15/2011 - 15:22 | 1879892 dexter_morgan
dexter_morgan's picture

yep, the golden rule, he that has the gold makes the rules?

Tue, 11/15/2011 - 13:54 | 1879604 ebworthen
ebworthen's picture

What?

JP Morgue Chaise ass fucking the avergae citizen again?

Say it ain't so!

(SSDD in Sodom and Gomorrah on the Hudson)

Tue, 11/15/2011 - 14:10 | 1879642 NotApplicable
NotApplicable's picture

Actually, they've moved up the food-chain to "above average" citizens, as the average ones' have no skin in this game.

Tue, 11/15/2011 - 13:51 | 1879602 GetMFGlobal
GetMFGlobal's picture

And Corzine should meet the same fate as Bundy.

He has ruined many lives and he MUST pay.

Otherwise...He'll probably have a "heart attack" like Ken Lay and disappear to a deserted tropical paradise.

Tue, 11/15/2011 - 13:42 | 1879583 Madcow
Madcow's picture

anyone who thinks they're going to get a fair shake in the gulag casino deserves to lose their money. everyone should now understand that the US markets are a vast criminal fraud. 

if you hire Ted Bundy to babysit your kids, well ...

Tue, 11/15/2011 - 13:52 | 1879579 GetMFGlobal
GetMFGlobal's picture

$600 million missing?? 

Well, the CME put up $300 million on Friday and Corzine's net worth is $300 million.

$300M plus $300M = $600M = Problem solved.

WTF...WHY HASN'T GIDDONS (the trustee) RELEASED ANY FUNDS TO THE CUSTOMERS!!!!

What a fucking scam...is there no decency in this piece of shit country anymore????  

Tue, 11/15/2011 - 13:33 | 1879565 ItsDanger
ItsDanger's picture

This would violate the bankruptcy laws as I know them and Ive been involved in receiverships.  I smell major lawsuits.  You cant supercede the bankruptcy order of repayment or you break federal laws.  If this happens, you need a riot.

Tue, 11/15/2011 - 13:15 | 1879522 vegas
vegas's picture

The short answer is "NO".

 

http://vegasxau.blogspot.com

Tue, 11/15/2011 - 12:51 | 1879454 WTF_247
WTF_247's picture

Perhaps they should start letting customers trade CDS on their own accounts as "insurance" - hence the firm can sell it to them to steal even more money because customers feel protected and deposits will grow.  Then structure the looting so that its not a default event ... all it takes is a quick flight over to Greece to learn how to do it right.

Tue, 11/15/2011 - 12:37 | 1879398 Ned Zeppelin
Ned Zeppelin's picture

"Possession is 9/10ths of the law."

"Golden Rule: He who has the gold, makes the rules."

MF's pre-petition actions in raiding the segregated cusomer funds in order to protect the lenders like JPM were informed by such "wisdom."

As it is in Penn State, so it is on Wall Street. Financial pedophiles, merely "horsing around" in the showers, when in fact engaged in statutory rape.

Tue, 11/15/2011 - 12:31 | 1879391 Silversinner
Silversinner's picture

People sound surprised

Forgotten about the coup d'etat in the '10 and '20 by

the Morgue on your country.

I miss the story's from my grandpa about the depression of the '30

 

Tue, 11/15/2011 - 12:27 | 1879379 WTF_247
WTF_247's picture

There is no chance that they will hose individual customers - 0.

 

As soon as you do that, there is no reason anyone would EVER trade futures - any money in the account can be used/stolen by the firm to do whatever they want with it with no recourse.  The futures markets would tank as mass liquidations take place.  It would be wiser for even commodity producers to not hedge rather than lose their $2mil account to fraud - the risk of not hedging is not nearly that big.

They will also need to make the customers whole for any losses incurred while the acounts are frozen and they cannot hedge/exit positions.  This one gets a bit trickier as some of the accounts are pure hedges (farmers, commodities producers) and others are speculation accounts.  Because of the large leverage involved, if they do not do this an account with $5,000 and a single position could be negative by the time they are "unfrozen" - so you still get nothing back.  1 contract of the ES x 100 point move = $5000.00.  Not protecting the customer from wipeout (not to mention they might OWE additional money) is not gonna work.

 

Tue, 11/15/2011 - 12:19 | 1879346 kaiserhoff
kaiserhoff's picture

Is Jamie Dimon's fucking bonus really more important than Western Civilization?   That's the way this is being played...

Do ya feel lucky Punks?  Do ya?

Tue, 11/15/2011 - 12:02 | 1879325 PulauHantu29
PulauHantu29's picture

Small Fries don't count.  Sorry.

Tue, 11/15/2011 - 11:54 | 1879297 Catullus
Catullus's picture

Maybe those customers should charge JPM credit card-like fees for the short-term loan. Worst case, JPM gets a small fine.

This is becoming a nightmare.

Tue, 11/15/2011 - 11:45 | 1879270 Silversinner
Silversinner's picture

Lots of people esp on the hedge are warning people to get their

savings out of the corrupt and insolvent banking system into real assets.(hedge)

If you loose your money,bad luck for you!

Just buy gold,silver,land and productive assets and you will do fine or

keep your money in the fake digital and paper fiat bullshit and get

ripped of.(zero)

 

 

 

Tue, 11/15/2011 - 11:12 | 1879151 My Days Are Get...
My Days Are Getting Fewer's picture

This is a do or die legal case.  If the account holders are not made whole (merely with the restoration of their principal, not to mention the consequences of margin calls and loss of economic opportunity), then the System is corrupt beyond redemption.  That means that just plain looting by lawless marauders, who fear no reprisals or recrimination, will become the accept way of doing business.   If the System degenerates that low, then the call by the few, to take personal possession of physical bullion, may be correct.

Tue, 11/15/2011 - 12:22 | 1879367 JOYFUL
JOYFUL's picture

 

It's actually worse than you think.

JPM  are running an "arms for hostages' operation here: the hostages, well you know who they are, the 'arms' in this case is a deal for immunity with the "regulators" who will see to it that several things which have not yet come to light, but  are so explosive in nature that JPM knows it would be extremely hard, even for them, to avoid being demolished by, will be decommissioned in time.

The money will be released, the hostages "made whole," once the deal is done...the $ involved is certainly sizable, but much less than what is at stake via certain other transgressions against the financial community. This was a pre-emptive strike on the bigger fish they have to fry...or be fried by. A certain previous Chairman of SEC had a piece of his brain removed, the day before being required to testify before a congressional committe - as a result of which operation he lost the ability to speak... you can be sure all sitting members of the regulating agencies involved are aware of that little bit of history. None of whole will seek to be made "unwhole." I fear that there is very little "legal" aspect to this case.

 

Tue, 11/15/2011 - 11:36 | 1879241 forexskin
forexskin's picture

if? IF?

save yourself the trouble, its been shown again and again. the corruption is systemic and pervasive. how many more examples of every canary in every coal mine dead are needed before its clear?

there is no lawful air to breathe, and everything you own is theirs as soon as they decide to take it.

put your wealth beyond their paper trap - the call to possession of wealth in hand is correct.

Tue, 11/15/2011 - 14:50 | 1879792 I did it by Occident
I did it by Occident's picture

"Rational-legal legitimacy derives from a system of institutional procedure, wherein government institutions establish and enforce law and order in the public interest. Therefore, it is through public trust that the government will abide the law that confers rational-legal legitimacy."  from wikipedia on Legitimacy (political)

 

  public trust that the government will abide the law that confers rational-legal legitimacy.

so anybody knows what happens when that public trust is broken?  Does that mean TPTB would still hold legitimate mandate to rule?  This is a slippery slope indeed.  3rd world, here we come...

 

 

Tue, 11/15/2011 - 11:11 | 1879147 Manthong
Manthong's picture

I don't see HTF you can freeze up thousands of trading accounts without having a noticable chilling of the rest of the market.

Tue, 11/15/2011 - 11:06 | 1879137 The Big Ching-aso
The Big Ching-aso's picture

 

 

The extent of this no rule of law applies post fuck-ups bullshit is unbelievable.    It's worse than a bad dream involving sex with Hillary.

Tue, 11/15/2011 - 14:59 | 1879811 Nobody For President
Nobody For President's picture

"...bad dream involving sex with Hillary."

 

uh, that would be like a nightmare, more than just a bad dream. Shivers thinking about it.

Tue, 11/15/2011 - 11:06 | 1879133 Jim in MN
Jim in MN's picture

Were this Court to allow any party to have an interest superior to customer segregated funds, it would provide a loophole in the protections which are the bedrock of commodity trading. This Court should only provide for the use of Cash Collateral which protects customer funds as Congress, the CFTC, CME, and hundreds of thousands of commodity traders have, for over 100 years, believed to have been the case. The system of regulation in the commodities industry is based on this bedrock principle, and this proceeding should in no way affect it.

 

Awww, ain't that cute.  The little fella can talk!  Now...squash him like a stinkbug and gimme mah BONUSES.......er ungh grunt....BURP

Tue, 11/15/2011 - 10:45 | 1879038 Bansters-in-my-...
Bansters-in-my- feces's picture

"Super Priority Protection"

Sounds like the SPP PLAN.

Security,Peace and Prosparity.

National Security ,I am sure.

.......................Where is your Justice Department ?

Tue, 11/15/2011 - 10:37 | 1878989 Bansters-in-my-...
Bansters-in-my- feces's picture

Fuck JPMorgan Chase&Co.

,,,,,,,,,,,,,,,,Fuck the American So Called Justice Department....

What a fucking sick joke.

Fuck the SEC

Fuck the CFTC.

Fuck the Trilateral Commission.

Fuck the Council on Foriegn Relations.

Fuck the NON FEDERAL .Federal Reserve.

When are you Puss'y going to revolt,,,??????

............Corrupt mother fucking system.....

.......................FUCK YOU'S..................................

Tue, 11/15/2011 - 10:22 | 1878937 MaxVernon
MaxVernon's picture

Could be that it ends up being really bad news to be a JP Morgan employee.

Tue, 11/15/2011 - 12:57 | 1879474 Sabibaby
Sabibaby's picture

Probably not to good to be associated with Goldman Sucks either. Unless you enjoy being shot at....

Tue, 11/15/2011 - 10:19 | 1878928 apberusdisvet
apberusdisvet's picture

You just know that the end is near when they are this brazen and know damn well that no one will do shit about it.

Tue, 11/15/2011 - 10:12 | 1878892 MsCreant
MsCreant's picture

"Will the rule of law prevail?"

No.

Neeeeext!

Tue, 11/15/2011 - 10:49 | 1879060 GeezerGeek
GeezerGeek's picture

The rule of law will apply just as it did for holders of GM and Chrysler debt.

Or, as Eric the Red might say, "we don't need no steenking law".

Tue, 11/15/2011 - 10:36 | 1878992 DOT
DOT's picture

There is no "Rule of Law"; we are enjoying the "Law of Rulers".

Trick question.

Tue, 11/15/2011 - 11:05 | 1879126 bank guy in Brussels
bank guy in Brussels's picture

Or the Rule of Lawyers for the Rulers.

Friggin' farce in the US ... most corrupt worthless pro-oligarch courts in the developed world ... contempt of court jailings with no trial or conviction, on trumped-up nonsense, Beatty Chadwick (fourteen years), economist Martin Armstrong (seven years) ...

2.4 million prisoners in the US, 25 % of all the prisoners in the entire world ... small businesses, people in divorces, getting all their life savings stolen by American lawyers and bribed judges ... asset seizures and confiscations right and left ...

US lawyers who file papers against corruption get disbarred, even jailed (on 'contempt of court' of course), like the heroic Richard Fine in California ...

The US media hiding US court corruption from the American sheeple and the rest of the world ...

Google blocking websites from search results, at the 'request' of bribe-taking US judges, precisely in order to hide the US judges' bribery crimes ...

Like the writer we have in Belgium who barely got out of the US alive, after friends of US federal judges and George Bush threatened to kill him, Google now blocks and erases almost anything he writes from search results ... he did a bunch of articles on US corrupt courts before CIA - Google began erasing and scrubbing him.

Articles on a Google-censored EU website about US court corruption:

Foreign Companies Face Risk of US Court Corruption:
Doing Business in the Big Bribery Nation
http://www.banned-in-america.net/us-court-big-bribery-nation.html

America's Corrupt Legal System -
A Danger to Visitors, Travellers as Well as USA Residents
http://www.banned-in-america.net/us-corrupt-legal-system.html

Americans Murdering Their Judges, and the US Crisis of Judicial Corruption
http://www.banned-in-america.net/americans-murdering-judges.html

America's CIA - Google censoring shown live at work:

Live Photo: Google Inc. Caught Censoring EU Search Results
Google Internet Censorship - Censure d'Internet par Google - Internet censuur door Google
http://www.flickr.com/photos/22325431@N05/6100668211/in/photostream

 

Tue, 11/15/2011 - 15:27 | 1879907 MachoMan
MachoMan's picture

The contempt power is as old as the court system...  either you conduct yourself properly before the magistrate or you go to jail.  The best way to think of the court is like an island dictatorship that once you step foot in, you have to play by the dictator's rule...  again, this is the way it has always been and always will be for obvious reasons (and with obvious checks on the judiciary's behavior).

While you're going to get a lot of sympathy from people on this board regarding armstrong, I'm not sure what you're hoping to do when a judge orders you to cough up identified personal property and you refuse...  the dog ate my homework isn't going to cut it.  The whole thing stinks both ways...  and I'm guessing marty or his assigns have been spending the loot in the meantime.

The wiki page is a riot...  but, but like he came up with $3 b all except for like $1.3m n stuff...  ok...  try and limit your misdeeds by proportion if you will...  doesn't justify them.

Tue, 11/15/2011 - 12:42 | 1879427 DOT
DOT's picture

We are all "illegals".

Tue, 11/15/2011 - 14:11 | 1879647 NotApplicable
NotApplicable's picture

I prefer the term "Freejack."

Tue, 11/15/2011 - 10:05 | 1878849 Jim in MN
Jim in MN's picture

Bring them down!  Bring them down!

--Theoden, The Return of the King (referring to rampaging oliphants, of course...kind of like rampaging oligarchs)

Tue, 11/15/2011 - 09:57 | 1878817 SirIssacNewton
SirIssacNewton's picture

It's great that there's at least someone in there fighting from the customers of MFingGlobal, but I don't hold much hope for the "bought and sold" justice system.....JP and the rest of the Bankstas don't care as long as they get theirs.

Tue, 11/15/2011 - 11:31 | 1879230 illyia
illyia's picture

But, I do wonder, as the farmers and traders need to hedge against the future, if they will abandon the institutions that are stealing and start their own corps - or elevate smaller, theoretically uncorrupted firms to greater market share.

I suppose the comparison would be the on-going shift from banksters to credit unions - to be continued, slowly.

Tue, 11/15/2011 - 15:19 | 1879878 MachoMan
MachoMan's picture

No on the start-ups...  this is called regulatory burden and regulatory capture...  basically the institutions that can weather the storm get the spoils...

The consolidation of power will not stop until liquidation is forced on insolvent institutions.

Tue, 11/15/2011 - 09:55 | 1878815 LawsofPhysics
LawsofPhysics's picture

Yet another "wow", yet customers keep lining up to be fleeced.

Tue, 11/15/2011 - 11:17 | 1879173 Bastiat
Bastiat's picture

"All animals are equal but some animals are more equal than others."   
Animal Farm, George Orwell

Tue, 11/15/2011 - 09:55 | 1878814 Schmuck Raker
Schmuck Raker's picture

"You down with CCC? Yeah, you know me."

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