To: Kenneth E. Phillipps who wrote (61962 ) 12/13/2011 10:48:56 PM From: Hope Praytochange Respond to of 103300 CME Head Challenges Corzine's Account in MF Hearing By SCOTT PATTERSON And ANDREW ACKERMAN Getty Images ON THE HOT SEAT: Former CEO Jon S. Corzine, from left, Chief Operating Officer Bradley Abelow and Chief Financial Officer Henri Steenkamp. A CME Group Inc. executive testified at a Senate hearing Tuesday that Jon S. Corzine might have known of an improper shift in customer funds by MF Global Holdings Ltd. before the futures firm filed for bankruptcy protection. CME Group Executive Chairman Terrence Duffy testified that a CME auditor learned of the shift of funds, and of Mr. Corzine's knowledge of the move, from a senior MF Global official during a telephone call before the firm's collapse. CME was a frontline regulator MF Global's operations, including the futures side of the firm that holds customer cash. Mr. Duffy said that he had just learned of the disclosure over the weekend and that the shift of funds the auditor flagged was about $175 million to a European affiliate. CME Group has referred the matter of the transfer to the Justice Department and Commodity Futures Trading Commission, he added. The trustee overseeing the liquidation of MF Global is probing whether any missing funds are located overseas, according to a person familiar with the matter. Mr. Corzine, the former MF Global chief executive, told the Senate Agriculture Committee that he had no knowledge of any inappropriate uses of customer funds until hours before the firm's Oct. 31 bankruptcy. "I never gave any instruction to anyone to misuse customer funds," Mr. Corzine said at the hearing on the collapse of his firm, largely repeating his testimony before a House panel last week. WSJ's Aaron Lucchetti stops by Mean Street to discuss former MF Global CEO Jon Corzine's testimony in the U.S. Senate. (Photo: Getty Images) Mr. Duffy's testimony, which came after Mr. Corzine's, potentially puts Mr. Corzine closer to a shift of customer funds that has been the subject of wide speculation for more than a month since MF Global filed for bankruptcy protection. While the shift of the $175 million may yet be shown to have been a legitimate use of customer funds, it is likely to put more heat on Mr. Corzine, who is scheduled to testify again Thursday before a House subcommittee. Enlarge Image Close Bloomberg News Dean Tofteland, a farmer from Luverne, Minn., testified at a Senate Agriculture Committee hearing Tuesday. Earlier Mr. Duffy declined to publicly name the MF Global official who said Mr. Corzine was aware that the firm had tapped customer funds. He said it appears that customers' futures accounts, which are supposed to be segregated from the firm's accounts, are short by about $950 million in total. Through a lawyer, Mr. Corzine declined to comment. Separately, other new details emerged Tuesday showing that MF Global allegedly moved customer funds on a larger scale than previously reported. It now appears that the firm tapped funds on the securities side of the business in the days leading to its bankruptcy filing, according to a person familiar with the matter. The moves appear to have resulted in a shortfall in customer funds in the firm's securities accounts, the person said. While it has previously been reported that customers' futures accounts were short hundreds of millions of dollars, it wasn't known that MF Global had also tapped customer assets from its smaller securities accounts. Mr. Corzine's testimony that he didn't know what had become of the customer funds was echoed at Tuesday's hearing by two executives at the failed firm, Chief Operating Officer Bradley Abelow and Chief Financial Officer Henri Steenkamp. Messrs. Abelow and Steenkamp declined to speculate on where the money went despite persistent questioning from senators. Ex-CEO Jon Corzine answers questions from a Senate committee about MF Global's misuse of customer funds. Six weeks after the firm's collapse, lawmakers expressed frustration that it has taken so long to determine the location of the missing funds, estimated at more than $1.2 billion. The figure includes futures, securities and overseas customer accounts. Mr. Corzine has said that he still hopes that the customer money will be found. European Pressphoto Agency Jon Corzine, testifying Tuesday, says he didn't authorize the misuse of customer funds. "This isn't the Dark Ages," said Sen. Debbie Stabenow (D., Mich.), chairman of the committee. "MF Global didn't keep their books with feather quills and dusty ledgers." At one point in the hearing, Sen. Pat Roberts (R., Kan.) said facetiously that maybe a janitor would know the location of the missing cash, after the executives said they couldn't recall certain details about the firm's reporting structure. Lawmakers began turning the spotlight to lower-ranking executives, with Sen. Stabenow saying the committee is talking to back-office personnel about what happened. Sen. Roberts also pressed the executives on the existence of a "break-the-glass" document that called for the firm to tap customer accounts as a last resort to prevent its collapse. Mr. Corzine said that while there were contingency plans, they didn't recommend using customer funds. Mr. Abelow confirmed that a document existed laying out what would happen if the company lost liquidity, but he suggested it was only a draft. Many farmers and ranchers hit by MF Global's collapse used futures transactions to hedge their output. When MF Global collapsed, the revelation that a large sum of customer money was missing from accounts that were supposed to have been untouched by the firm prompted calls for industry overhauls. Customer assets in the U.S. futures business are protected by a regime known as "segregation," in which client money is pooled and held in an account separate from a clearing firm's own funds. The futures industry doesn't maintain an insurance-like shield, as the securities industry does with the Securities Investor Protection Corp. "Funds don't simply disappear," Sen. Roberts said.