Quote from jpatet:
Someone please help with this. I am getting conflicting information regarding Refcoâs futures customersâ accounts. My understanding was that no futures customers ultimately lost any funds but now Iâm hearing otherwise. My searches on this reveal much conflicting information from posts but nothing from a reliable source that definitively states whether futures customersâ funds were lost and if so, exactly how much and with exactly how many customers. I find lots of sometimes-conflicting generalities but nothing with those specifics. If someone can point me to a business-publication article with this information I would be grateful.
Jim Rogers and other futures customers of Refco filed litigation stating that they together lost about one billion dollars in the Refco bankruptcy. They claim that Refco, without authorization, during the process of its own collapse in its final days, transferred their funds out of their futures accounts, which were regulated by the CFTC, and into different accounts at different Refco companies, which were not subject to the various protections which U.S. law gives to futures trading accounts. This lack of protection resulted in loss of the funds. Refco used the money to cover its other debts, went bankrupt, and then lacked the ability to reimburse its futures trading customers.
Refco admitted that they did, in fact, transfer the funds. Refco claimed that it had been authorized, by the losing customers, to make the transfers. The customers say that Refco was lying, and that the transfers were not authorized.
It is a fact that Refco had a long history of "borrowing" customer funds by making unauthorized transfers out of customer futures trading accounts, using the money to cover Refco's debts, and then paying the money back into the futures accounts, over and over and over again, on a routine daily basis. This always exposed customers to the risk that in the event of a Refco bankruptcy, futures trading customers could lose their entire accounts, if Refco collapsed before it could replenish the money it had "borrowed" from its customer futures trading accounts. Refco was repeatedly fined for this practice. This practice eventually did result in a loss of several hundred million dollars in the late 1990s, which Refco could not repay to its futures customers. Refco concealed the problem by transferring funds from other Refco entities to fill the hole, with the result that others doing business with those other Refco entities were defrauded. Refco eventually collapsed when it was revealed that the funds were missing from another Refco entity, and that the loss had been concealed by fraudulent accounting and sham transactions.
The question is, was Refco still doing this at the time of its collapse? Or did Jim Rogers and the other losers actually authorize Refco to drain one billion dollars from customer accounts, and to borrow it, and to lost it in the Refco bankruptcy?
Two very important things to remember are as follows.
If your broker decides to steal or to embezzle or to "borrow" funds from your futures trading account, and then the broker goes bankrupt, you can lose the entire value of your accont.
Your "segregated" futures account is segregated in that it is segregated from funds belonging to the broker. BUT IT IS NOT SEGREGATED FROM THE ACCOUNTS OF OTHER CUSTOMERS. If other customers incur large trading losses, which are not covered by their margin deposits, either because of a large market move, or because the broker allowed them to trade without depositing the required amount of margin, and which the customers are unable or unwilling to cover by way of a margin call, then you could be in trouble. Your entire account could be drained in order to cover uncovered losses incurred by other customers of the same broker. So you can lose your entire account, even though your broker did not steal from you, and even though all of your trades were winners. You can lose your entire account, because other customers of your broker were unlucky gamblers.
Lots of people have made false statements about these facts on ET. I have been subject to unbelievable amounts of harassment, abuse, and libel, on EliteTrader, because I have repeatedly communicated these facts (many of the harassing posts were deleted). Many ET members have also been posting links to a propaganda article by the Futures Industry Organization which falsely and deceptively hides these facts and gives a false impression that futures accounts are far safer than they are in reality. Some people don't want you to know the truth. A lot of money is at stake. Others themselves don't want to know the truth, and would rather behead the messenger than face reality.