Quote from jimrockford:
No, not necessarily. If your broker fails, your funds might disappear as a result of the broker's failure. If this happens, then there might be insufficient customer property, or maybe none at all, in order to restore your account equity. Your SIPC protection is limited for a securities account, and totally non-existent for a futures or FX account. This is why it is so important to trade at a broker, like IB, which takes steps to minimize the risk of broker failure. [/QUOTE
If customer funds are segregated, and the firm doesn't tap them when going under (like Refco did), then they are available for transfer in case the frim fails. Debt holders cannot claim these funds in case of bankruptcy. It is a criminal act to tap these funds for company uses. This has nothing to do with SIPC as was stated. The industry supposedly polices itself. Gotta do your due dilligence and hope that the firm you use doesn't do anything nasty.