All brokers have a history. ALL of them. While Refco's is more soried that most, I am sure whoever you clear through has a "history. "
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Sure there are not the guarantees or insurance as with an equity broker. There are other, and some might argue, more effective tools in place: An FCMs market capitalization (independent of client segregated funds) relative to position exposure is monitored real time by the clearing exchanges.
Further, and to protect customer funds, the CFTC has the ability to shut an FCM down immediately if the capitalization falls below level, or if there is reason to think customer funds are endangered. This has been done.
The system of protection to customer funds has been tested under greater threats than Refco and it works. What happens? Your account is secured the the Exchange Clearing Corporation and assigned to another FCM if you do not move it or assign it yourself first.
You can be sure that every penny at Refco is being monitored by the feds right now. If there were the the slightest suspicion of clients funds being endangered at Refco LLC, the shop would have been shut and client funds frozen until it is sorted out.
What might happen however, is that the liabily of the parent company is now so high, and lawyers are circling, and customer flight so fast, the brokerge could die a rapid death. This will not be the first time such a thing has happened. So we put on another trade with another broker. Life goes on.