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A Spurious Motion on Behalf of the MF Global Trustee

By: capt_nemo in ROUND | Recommend this post (0)
Tue, 22 Nov 11 7:43 PM | 47 view(s)
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Submitted by Andrew Abraham of MyInvestorsPlace.com

The court received a motion today by lawyers of Hughes Hubbard and Reed, opposing an official commodity customer and broker committee.

In a strangely constructed argument, attorneys for the Trustee open with that within “Within hours of his appointment on October 31, 2011, and against a backdrop of shortfalls in segregated funds and records that are far from wholly reliable, the Trustee moved and has already affected the transfer of three million open positions associated with over 14,500 commodity customer accounts.”

But this is NOT what happened. Customer funds were immediately frozen in violation of segregation of customer funds. Neither customers nor customer brokers were given instruction by the Trustees, other than a single number where positions may be liquidated. The orders given by the Trustee to demonstrated a grievious lack of understanding of the industry in which MFGI operated. What happened is this: the following week (not in a few days) those positions that were not liquidated, were then liquidated under order of the Trustee, and new positions at a new basis were opened. (Often positions were not liquidated because there was limited possibility as all customer and broker order terminals were frozen, even for liquidation only.) Then

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