Quote from 2cents:
mate its a holiday today and sunny or almost out here in tokyo but... ok...
now, whats the weather like where u live mate? ;-)))
Dang, I was just in Tokyo (almost 15 hours ago), the last leg of a long trip through Asia. There are a lot of stuff going on in the Far East, the Citadel expansion in Hong Kong is absolutely amazing (I took a tour of their new trading desk in Central), they are bidding up asian trading talents to almost 15-20% premium over US rates, unreal.
Anyways, I just spent 10 mins looking over this long thread of argument, and I just find it strange that two people would argue over something that even litigators have prepared volumes of arguments. Apex and I disagreed when the Refco situation first arise, I was primarily bearish, thinking that the situation would get worse before it got better (and yet I did not factor in the possibility of outright bankrupcy), and he was more up-beat. But that's a philosophical difference, that's all.
The Beeland (aka Jim Rogers) situation is particularly interesting, since some of the "Executives" of Refco that was quoted (and will be called to court) I happen to know personally (and no, I don't think highly of them at all, but that's a different story) in a past life.
The arguments from both sides (Refco's and Beeland's) both warrant merit. Refco's argument is that since Beeland filled out paperworks indicating that some of the accounts (funds is a bit different, bear with me) would be opened in the unsecured entity, while some would be maintained in the secured (segregated) accounts, any funds held in the unsecured account would be considered Refco's property and Beeland would be an unsecured creditor. Beeland's argument is that a substantial portion of the funds, being engaged in the trading of futures, therefore should be held in the segregated FCM accounts. Therefore, according to Beeland's lawyers, Refco is fraudulent in their keeping of the funds in the unsecured accounts. What complicated the matters more is that some Refco Executives (see above) have e-mail and vocal communcation with Beeland indicating that some of the funds will be shifted from the unsecured accounts to the segregated accounts.
Before we go out and call Refco embezzling Beeland's funds, I would reserve judgement before all the evidences are heard by the courts. Timing of when the instruction was received by Refco, the communication from Refco executives to Beeland, and the frozen of unsecured funds clearly are key issues here. Since Beeland have been receiving account statements indicating their equity in both the secured and unsecured accounts, and yet they only initiated the funds transfer I believe less than 48 hour before the RCM accounts froze (according to WSJ).
Problem here is that hedge funds frequently keep both secured and unsecured accounts (for trading that doesn't need financing and does), and the legal status of the accounts doesn't matter much, until a mess like Refco arrises. I know a few hedge funds are now looking seriously at better in-house monitoring of their account regulatory status. The situation is complicated and I would leave it up the courts.
Now let me go off on a tangent for a second, when I started reading ET a couple of months ago, I was hoping that I would get some of "grapevine" whispers that I missed about being in the trading floor of a top-tier hedge fund or an investment bank. While there are a lot of good stuff, especially from the exchange pits, there doesn't seem to be a lot of ex-institutional types around, weird. Which makes me miss those things even more, I guess.