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MF Global Inquiry Turns to Regulator

January 6, 2012

MF Global's primary regulator the CME group, is under scrutiny by the CFTC for its role in the dissapperaance of customer money from the firm.  The regulator which is leading the government investigation of MF Global is reviewing whether CME’s efforts to verify the safety of customer money were sufficient, the people said.

 Authories are also questioning why the CME appeared to be slow to respond to the crisis enveloping MF Global in the week before its bankruptcy. The publicly traded exchange did not dispatch employees to MF Global’s Chicago headquarters until Oct. 27, three days after Moodys cut its rating on the brokerage firm, sending it into a tailspin. When CME officials arrived at MF Global, they reviewed the firm’s latest statements of customer accounts to ensure client money was safe. Documents indicated the money was secure, the CME said. But then the money vanished, and CME pointed the finger at MF Global.  The exchange said that MF Global might have shifted client money “in a manner that may have been designed to avoid detection.”  But CME never completed an audit, a point officials later conceded when pressed by lawmakers. Instead, CME said it was a spot audit, though they did not complete that either. CME was unable to verify the customer accounts because MF Global did not hand over needed information corroborating the account statements, according to a submission it made to Congress.  But that did not stop exchange officials from heading home for the weekend at about 6 p.m., Friday, Oct. 28.  The officials did not return until that Sunday afternoon, after an apparent shortfall in customer money was discovered.
CME, for its part, has said that MF Global may have intentionally produced inaccurate documents related to customer accounts. If the federal regulator finds that CME did not meet the standards of so-called self-regulatory organizations, it could fine or sanction the exchange. The commission could also revoke CME’s status as a self-regulator, though that is unlikely. Experts say it is rare for the government to hand down any manner of sanction against a self-regulatory body. As the owner of the 3 exchanges, the CME Group is a major force in commodities and futures.  A censure of any kind would be a powerful, if merely symbolic, critique of the behemoth.  CME has not been accused of any wrongdoing, and the review of its actions may not produce any findings.  [Dealbook 1/5/12]