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UPDATE TO FORMER MFGI COMMODITIES CUSTOMERS WHO TRADED ON FOREIGN EXCHANGES
At present, the vast majority of funds secured for US commodities customers who traded on foreign exchanges remain abroad under the exclusive control of UK Special Administrators. All foreign affiliates of MF Global Inc. that received funds from customers of MF Global Inc. agreed to secure and protect those funds as required by Commodity Futures Trading Commission Rule 30.7 (“CFTC Rule 30.7”).
The Trustee would like to assure former MF Global Inc. commodities customers who traded on foreign exchanges that he is pursuing those funds vigorously and is taking the necessary steps to bring those funds under his control so that they can be returned to customers.
- On January 6, 2012 the Trustee filed claim forms (for voting purposes only) with the MF Global UK Special Administrators. Among other things, the forms provided information supporting MF Global Inc.’s claim to $639,918,174 in client funds held by MF Global UK pursuant to CFTC Rule 30.7 (the “30.7 Funds”).
- The UK Special Administrators preliminarily objected to the classification of a significant portion of these 30.7 Funds as being either client money or client assets under relevant Financial Services Authority (FSA) rules.
- The Trustee actively sought and secured a seat as a client representative on the MF Global UK creditors’ committee. The Trustee has executed a Nondisclosure Agreement as regards his participation on the committee. The Trustee intends to participate vigorously on the committee.
- The Trustee continues to negotiate for the prompt return of all 30.7 Funds directly with the Special Administrators and their legal counsel.
- In a report filed with the UK Court on February 3, 2012, the UK Special Administrators asserted that the 30.7 Funds were not, at the time of insolvency, segregated as either client assets or client monies under applicable FSA rules. Accordingly, the Special Administrators have further asserted that the Trustee’s claim for the 30.7 Funds should be admitted only as a general creditor claim. The Trustee disputes the Special Administrators’ position that an agreement to secure client funds pursuant to CFTC Rule 30.7 does not require client funds to be segregated under the FSA rules or that such property would not be regarded as segregated under a proper interpretation of UK law in light of the circumstances and the dictates of European requirements as well as principles of international comity.
- The Trustee is actively engaged in discussions with the UK Special Administrators as both parties work toward resolving this dispute. However, the Trustee cannot now estimate how long these negotiations will take or whether they can be resolved without the need for litigation, and it is unknown when he will be able to make distributions to former commodities customers who traded on foreign exchanges.
- The Trustee has retained the firm of Slaughter & May as his principal English legal advisors, as well as a team of English barristers. If negotiations do not prove fruitful, the Trustee is prepared to litigate his claim.