To: 2MAR$ who wrote (83015 ) 11/10/2011 9:16:10 AM From: TobagoJack 3 Recommendations Read Replies (1) | Respond to of 217576 Just in in-tray Bill Fleckenstein had an account with MF. Here is what he wrote yesterday. Now We Know What "MF" Stands For Lastly, those who have been following Ask Fleck have seen that -- even after having been as careful as possible my entire life, by only having my cash in T-bills or government debt, and keeping my assets in a custodial bank whenever I could -- I have been caught in the nightmare of MF Global. I had concluded (based on conversations with very knowledgeable industry veterans) that I was fully protected, but I never spoke to a financial industry bankruptcy lawyer (until yesterday). Had I done so I would have known that I bore this risk, and I would have closed my MF account two weeks ago, when it was obvious they were in deep trouble. My account was 100% collateralized by T-bills, as I was led to believe that protected me in all cases, as the collateral was held in my name; but, it turns out if there is fraud, T-bills do you no good. (In which case, all assets and all accounts are equal, and share losses proportionately.) The only protection they offer is that they have no credit risk. What's more, SIPC insurance does not apply to commodity accounts (because cash is supposedly segregated). Thus, if there is fraud at a commodities firm, you have absolutely no protection for any of your money. That raises the question, if SIPC doesn't protect your cash and securities up to $250,000 and $500,000, respectively, as it would in the liquidation of a stock brokerage firm, why is it handling MF Global? (And why does MF Global's commodity statement say "Member SIPC"?) On the subject of stock brokerage firms, unfortunately, if a firm is involved in fraud, your T-bills (or any other securities) will be treated just as mine have been at MF Global, though you will have SIPC protection up to the limits stated. The bottom line is, if you are in any brokerage firm where there turns out to be fraud, you have no protection for your cash or securities, ex the SIPC amount. Of course, if there is no fraud, you don't need any protection. "M" As In Massively, "F" As In Fraudulent (Among Other Things) As for exactly where this leaves us in terms of how to be 100% safe, it would appear (subject to change as this process works itself out) that you should have the smallest amount of money possible against any commodity positions and not hold securities at a brokerage firm in excess of $500,000 if you are worried about any sort of fraud. Having said that, I don't know that we should all go through our lives thinking that the brokerage firms we are involved with are engaged in fraud, and MF Global might be the one-in-a-billion chance, but nevertheless here we are. In theory, it could happen again. I don't know that more regulations are the answer, as the regulators were examining MF Global in one way, shape, or form as recently as just a couple of days before it filed for bankruptcy. This may all blow over, in that the missing money may be found (however unlikely that seems), but the lessons survive: it appears that there really is no protection above SIPC limits at any kind of a securities firm if there is fraud involved.