The Plot Thickens: The House Financial Services Committee MF Global Hearing

On Thursday, December 15, lawmakers held the third in a series of hearings on the collapse of MF Global. I advised the members of the House Financial Services Committee - in advance in a column in American Banker - to cut to the chase with their questions.

  1. CME Group's Duffy said in the hearing that his organization was told to stop their internal investigation and was precluded from supporting the regulators' investigations. This surprised and confused lawmakers. I guess this lawsuit is why.  CME Group directors have a conflict as fiduciaries of a public company and directors of an exchange that acts as a designated self regulating organization for FCMs like MF Global.  How to separate the interests of CME Group the public company, its loss of a major customer in MF Global, its regulatory responsibility, and the personal financial interests of some of its officers and directors?  Mamma mia!
  2. Ratings agencies and auditor PwC in Jan MT @SheilaD_TV: Neugebauer said add'l hearings are required. "...take rest of the day off" #mfglobal
  3. RT @retheauditors: Commingling at Barclays bit.ly/rJxgfb MT @spbaines: PwC (#MFGlobal auditor) investigated by UK re Barclays audit.
  4. This is damning evidence of the disdain the banks and auditor PwC have for the concept of segregation of customer funds.  PwC was cited recently for the same offense at JP Morgan UK.  JP Morgan is MF Global's chief banker and major creditor. 
  5. Questions also for Koback about conflicts between trustee's law firm HHR and PwC and JPM. #MFGlobal
  6. My understanting is that there will be another hearing in January with the ratings agencies and PwC giving testimony.
  7. @lisadont Thx. I'm glad you liked my article: Why the Congressional Ag committees have oversight of CFTC and #MFGlobal: bit.ly/vKwcCC
  8. @rizzoSL Unfortunately window-dressing is not the issue here. Repo-to-maturity transactions off-balance sheet disclosed, complied with GAAP.
  9. Some pundits try to ply the same schtick for every new fraud or scandal. One size does not fit all.  Look at new facts fresh and, in this case, follow the money.
  10. Righto RT @graemehein @3mendous @retheauditors Board reporting depends on not having joint Chair/CEO, otherwise doesn't help with Corz types
  11. "Our systems were not as strong as we wanted them to be." Oh really? Why no material weaknesses in internal controls then? #MFGlobal #SOx
  12. My question was asked verbatim by Rep. Capuano: Did MF Global have sufficient internal controls over financial reporting given the breach of segregated funds that occurred subsequent to the Sarbanes-Oxley certifications signed for the fiscal year ended March 31 and the quarters ended June 30 and Sept. 30?Were you and MF Global CFO Steenkamp being truthful with your auditor, PricewaterhouseCoopers, when you signed the Sarbanes-Oxley certifications and assured investors and regulators of the adequacy of internal controls over financial reporting?
  13. #MFGlobal had a history of compliance failure, receiving $87million in fines from the SEC in the last 4 years alone.
  14. I posed questions for all of those testifying and one who did not - PricewaterhouseCoopers, MF Global's auditor.
  15. +1 RT @trhediger: @retheauditors I hope the best questions will come from @RepJohnCampbell, part of Congressional CPA Caucus. @financialcmte
  16. I did not know there was such a thing as the Congressional CPA Caucus.  Must look into that.  I wonder what their parties are like?

    Many are confusing  terms "auditor" and "regulator" in this case.  
  17. A securities lawyer from Chicago, Andrew Stoltmann, was on Bloomberg in the morning and kept calling the CME Group the "auditor" of MF Global.  This kind of misinformation only serves to let PwC, the real statutory auditor, off the hook and to confuse the true role and responsibilities of the CME Group.  

    MF Global is a publicly traded company. They are responsible to the SEC in that regard and must file audited financial statements each quarter and year end. 
  18. @Stoltmann1971 CME is not #MFGlobal auditor. PwC is and no one has questioned that firm. CMEGroup is like FINRA: a DSRO. That is all.
  19. My compliance friends are following the strong-weak Chief Risk Officer  angle.  Because all you need is a great Chief Risk Officer and no harm will come to you. 

    It seems MF Global's Corzine fired the previous risk officer, Michael Roseman, because he kept pushing back on the repo-to-maturity trade backed by sovereign debt.  Too risky he said.  (I hope he's breathing a big sigh of relief and getting high fives from all his risk officer friends.)
  20. Here's a shocker: MF Global limited its risk officer's authority. Look nor further. nyti.ms/tYAKyT

Did you find this story interesting? Be the first to or comment.

Liked!

Francine McKenna

Using tools instead of tools using me. Writer/speaker/litigation consultant. Encantada de todo de America Latina. Accounting Watchdog@Forbes, 2010 Loeb Finalist

Total views
1,588

Storify

@Storify