Sunday, April 29, 2012

MF Global: Will Anyone Ever go to Jail?


So the Senate Banking Committee is beginning hearings today on the MF Global scandal, hearings entitled, "The Collapse of MF Global: Lessons Learned and Policy Implications." Apparently the government has already moved to the reflective, introspective, South Park-ian, "You know, I learned something today!" stage in its examination of the scandal, despite the fact that the government’s official "response" hasn’t even started yet, i.e. authorities have yet to arrest a single person in this brazen billion-dollar theft story.  (...)

Nobody disputes the fact that MF Global officials dipped into customer accounts and took over $1.6 billion of customer money. We not only know that company officials reached into customer accounts, we know they brazenly lied to bondholders, ratings agencies and investors about the firm's financial condition ("MF Global's capital and liquidity has never been stronger," wrote the CFO of MF Global’s holding company, on the same day Moody’s downgraded it to junk status).

We even know that eighteen days before the firm went bust, company officers discussed how quickly to return money to customers, and even contemplated, in writing, the possibility of not returning the money right away. This is from a risk-assessment document prepared by company officers entitled "Break the Glass":
…Who do we want to be after the storm? How quickly do we want to send cash back to clients, what is the message if we do not send immediately, what is the strategy if we want to keep the customer and wait until the storm passes?
In the wake of the 2008 crash it’s often been said that one of the major problems in getting the public to grasp the crimes committed by banks and financial companies is the extreme complexity of the transactions used. The mortgage-backed-securities scam by itself was really just a common fraud scheme, but it was cloaked in the extremely complex verbiage and advanced math of derivatives transactions, which made it possible for bankers to bluff their way through an argument that no crimes had been committed.

But MF Global is different. This is not complicated at all. This is just stealing. You owe money, you don’t have the cash to cover it, and so you take money belonging to someone else to cover your debts. There’s no room at all here for an argument that this money was just lost due to a bad investment, an erroneous calculation based on someone's poor understanding of a complex transaction, etc. It’s straight-up embezzlement.

Nonetheless, there’s been an intense effort at trying to convince the public that no crime has been committed. Whoever is handling MF Global’s P.R. (according to Pam Martens in this excellent piece, it’s APCO worldwide, a former Big Tobacco spin factory) appears to have convinced the company’s officers to emphasize the word “chaos” in describing the last days of the firm – as though $1.2 billion wasn’t intentionally stolen, per se, but simply lost in a kind of uncontrolled whirlwind of transactions that magically carried the money out of accounts off to worlds unknown.

I call this the “Wizard of Oz” defense: a Big Twister hit the firm’s customer accounts, chaos ensued, and when the dust settled, no one knew where the heck little Dorothy and her money had gone.

by Matt Taibbi, Rolling Stone |  Read more:
Photo: Chip Somodevilla/Getty Images