CFTC Press Release 6159-11 CFTC Commissioner Sommers issued a statement that in part stated: "if we find that customer property [that] was transferred to the parent company, we will do everything within our power to return it to its rightful owners." Additionally, with regard to customer concerns about the progress made on the analysis of MFGI's books and records, Commissioner Sommers stressed that transfers of customer funds out of the Section 4d segregated accounts have been identified, and subsequent transfers of those funds are currently being traced, but there is still a lot of work to do
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Statement of Commissioner Chilton CFTC Commissioner Bart Chilton disputes press reports indicate that the CFTC knows the "ultimate landing spot" of all MF Global customer funds. "While I will not discuss the specifics of the investigation, based upon the most up-to-date information available, I do not have confidence that we know where all the money went." Cross References: CEA Section 4d; CFTC Rules 30.7 Part 190; Lofchie's Guide to CPO/CTA Regulation: Chapter 12, Insolvency.
76 FR 78766 The CFTC has adopted a final rule regarding the investment of customer funds by FCMs and DCOs that i) eliminates in-house transactions and repurchase agreements with affiliates (repos with third-parties are still allowed, subject to a 25% counterparty concentration limit); ii) eliminates foreign sovereign debt as a permitted investment; iii) limits investments in money market mutual funds based on a number of factors, and iv) and harmonizes Rule 30.7 with the investment limitations of Rule 1.25 and the concentration limits on various investments to promote portfolio diversification
76 FR XXXX The CFTC issued a Final Order regarding the effective date for swap regulation that extends the potential latest expiration date of the exemptive relief to July 16, 2012. Previously, the CFTC on July 14, 2011 granted temporary exemptive relief from certain provisions of the CEA that otherwise would have taken effect on July 16, 2011, the general effective date of title VII of the Dodd-Frank Act. On October 25, 2011, the CFTC proposed to extend the exemptive relief beyond the December 31, 2011, expiration date. The Final Order extends the July 14 Order with certain modifications
Testimony by Commissioner Sommers CFTC Commissioner Sommers reviews the MF Global Bankruptcy, the legal and regulatory issues surrounding commodity broker insolvency and FCM investment of customer funds, and the CFTC's efforts to locate missing customer funds. Cross References: CEA Section 4d; CFTC Rules Part 190; Lofchie's Guide to CPO/CTA Regulation: Chapter 12, Insolvency.