Wednesday, July 11, 2012

PFG Best -July 12 th items - now we find out PFG had a small fry Madoffesque type auditor .... the kind that would be only to happy to play ball. two top items concerning our most recent looting incident post MF Global , care of / HT Silver Doctors ! And two additional pieces related to PFG Best as well as the NFA from Ann Barnhardt as well !


http://barnhardt.biz/


LAUREN BRINATI & NFA'S GROSS FOREX NEGLIGENCE
POSTED BY ANN BARNHARDT - JULY 13, AD 2012 10:25 AM MST
Oh, the chickens are coming home to roost now. I have been willing to speak out against the NFA and their criminality because I am totally out of the business, and the NFA can't threaten me in any way any longer. Not so before I shut my firm down, and for anyone else involved in the futures industry. The NFA is the gatekeeper to the entire industry. Anyone who wants to work in the futures or options industry MUST be licensed by the NFA, and the NFA can, at any time, pull a person's license or otherwise harass NFA members into insolvency with ZERO recourse or redress - and they do. When I call them a mafia, I'm not being flip. In fact, a reader sent me an email detailing how the NFA can and should be tried under CIVIL RICO statutes. They are indeed a criminal, racketeering body.It now seems that people have had enough, and are now willing to speak out against the NFA. Here is a letter sent to me last night by a FOREX trader (whom I have checked out - this person is definitely for real), outlining their experience with the NFA, and specifically Lauren Brinati, which confirms and echoes everything I have said.
This person is willing to speak to the press. Any reporters who want to pursue what you read here should email me contact info, which I will then forward to this FOREX professional.

Hi Ann,
After reading your post on the Lauren Brinati antics, I just feel compelled to tell you my personal experience with her, the NFA, and the CFTC. It is a long story, but I will try to keep it short unless you request the full feature-length saga, but trust me, I have all of the emails to verify every word of my story.
I have been a forex trader since the year 2000 and at the time of the Farm Bill which included the mandate for Retail Forex to become regulated by the CFTC (and thus the NFA) I was a Referring Broker for FXCM (a Forex Brokerage).
Problem #1: The congressional mandate for retail forex to be regulated had NO BUSINESS being stuck on the back end of the Farm Bill, it was just a way to get it passed when NO member of Congress understood what they were doing or what they were asking for as "regulation" as NONE of them understood anything about the industry (it was just a pet peeve of one congressman who had a personal vendetta and score to settle due to a trading loss suffered by one of his friends.)
Problem #2: Anyone who knows anything at all about retail forex understands that it is far more similar to stock trading than futures trading, and it should have been put under the authority of the SEC to begin with - not the CFTC, but since the idiots in congress thought that "forex futures contracts" were the sum total of everything forex, and since the CFTC already regulated forex futures (a commodity) this is what we got.
Anyway, the CFTC and NFA were really pissed off when they were told that they would have to regulate retail forex - it was not a job they wanted. Their first responsibility was to "study" the industry so that they could then develop regulations for it. I contacted both the CFTC and NFA multiple times during the first days, and weeks (and months) after the Farm Bill mandate to offer my services, expertise, and experiences during their exploratory period as I knew (probably) more about the retail forex industry (and the problems that plagued it) than almost anyone. They never wanted to hear anything I had to say.
After they published the "results" of their study, I just could not believe what I was reading. It was the most ridiculous document I have ever seen - filled with "facts" that were simply wrong, logic sequences that were illogical and absurd, and conclusions that sounded like something prepared by a 2nd grader. And most shocking was the list of "industry experts" they had used to gather their information from. It was none-other-than 17 of the most flagrantly abusive forex brokers! Amazing.... They had never even tried to gather information from actual traders (who were the people they new regulations were supposed to protect!) To make the story short - what they had done was essentially try to fit retail forex into the box they already had for forex futures instead of trying to create rules and regulations that would make sense for retail forex, and then incorporate all of the brokers' abusive tactics into regulations (thus now ASSURING that the brokers would have the advantage over the traders!!)
After reading their report, and the direction they were going to take the new rules and regulations, I again contacted both the CFTC and NFA with a long email explaining each point in detail on things they were wrong about, what the correct path should be to protect traders and make for a better trading environment, etc. Again - they didn't want to hear it. In one telephone call with the lovely Lauren Brinati, I introduced myself (again) to her and ask for the opportunity to explain a "traders perspective" on some of the issues, when she literally started SCREAMING at me, saying, "Who do you think you are? Why do you think you know more than the NFA?" and on and on - it was CRAZY TALK and totally bizarre.
When they had the "public comment period" before the new rules and regulations were finalized - there were over 9,000 public comments posted. I read EVERY SINGLE ONE. Of the 9,000+ comments there were maybe 25 that were supportive of the new rules and the rest were not. And yet, they still passed the rules EXACTLY as originally written... They HAVE THEIR OWN AGENDA and pay no attention to the people they are supposed to be serving. What a joke!
I have NO DOUBT that the NFA is corrupt and the CFTC - if not a part of the corruption is DERELICT in their duty by letting the NFA run their phoney audits and assults against legitimate IBs, CTAs and CPOs.
I have NO DOUBT that the NFA is in partnership with the large forex brokers to run all the smaller companies out of business. It is so obvious that it isn't even funny. It PROTECTS the forex brokers that CHEAT and created trading rules that made it MORE difficult for traders to manage their accounts and make profits, and the CFTC pulled the grand daddy of all when it came time for the retail forex accounts to be moved back to the United States - by changing their "interpretation" of their own rules AFTER 5 PM on the day of the deadline (so that traders had NO WAY of protecting their accounts). This shenanigan cost me over $250,000 in a margin call.
And - you are right about Miss Lauren - SHE DOESN'T KNOW SQUAT ABOUT ANYTHING regarding trading forex, or futures, or commodities. She, like ALL of her associates in the NFA should be in prison for FRAUD for how they are running that organization.
I would be happy to join in a legal action against them. Please let me know what develops with that.
Thanks,
M


and....





http://www.zerohedge.com/news/pfg-head-arrested


PFG Head Arrested

Tyler Durden's picture





UPDATE: Suicide note details added:
  • *WASENDORF SAID HE USED PHOTOSHOP, SCANNER IN FORGERY, U.S. SAYS
  • *WASENDORF SAID CHOICE WAS GO OUT OF BUSINESS OR CHEAT: U.S.
  • *WASENDORF'S STATEMENTS MADE IN SUICIDE NOTE, PROSECUTORS SAY
  • *PEREGRINE'S WASENDORF SAID `I HAVE COMMITTED FRAUD,' U.S. SAYS
While unable to successfully kill himself, it appears the CEO of PFGBest is even less successful at evading the police. As just reported,


    • *PFGBEST'S WASENDORF ARRESTED IN IOWA
    • *FED PROSECUTORS CHARGE IOWA FIRM CEO  W/ LYING TO REGULATORS:AP
    • *PEREGRINE CHIEF WASENDORF CHARGED BY FEDERAL PROSECUTORS (with making false statements to the CFTC)
    • *WASENDORF FRAUD AT PEREGRINE LASTED 20 YEARS, PROSECUTORS SAY
    What is probably more concerning to him now is the fact that he was not a Presidential bundler - as the Big House is definitely calling...


    My comment below.....

    and now we know this scam was both Madoffesque for duration of time and MF Globalesque for ripoffs of customer accounts....

    http://www.silverdoctors.com/jb-slear-on-pfg-losses-why-i-love-goldsilverintegrity-and-jim-sinclair/


    JB Slear on PFG Losses: Why I Love Gold/Silver/Integrity and Jim Sinclair

    Submitted by JB Slear:

    JB Slear updates SD readers on MFG 2.0 (PFG).  Fort Wealth IB’s accounts remain frozen, and all of their positions were liquidated by force at the authorization of Jefferies at massive discounts and losses.  Not only were they liquidated by force, but positions were liquidated at 33% below the settling price given for contracts!
    Slear states that the $200 million segregated client theft by PFG will result in every single trader being left out of the precious metals market.


    Paper markets are still getting that European support and as to why??   Well, it’s truly simple,  the banks are continuing to support their-selves and their paradigm.   We (the entire GIB/IB brokerages that traded thru PFG are left out to hang,  because of some events not of our doing.   Every person at PFG, that has been picking up the phone and helping to answer questions needs to be commended.   Many realized that their jobs were gone the day the NFA admitted its oversight.   But to find the souls that understand the importance of communications when it comes to other people’s money and to be there to offer up what they know is real important.  We give these solid souls a deep bow of gratitude.   We are truly thankful that Jim Sinclair told his readers to take delivery thru our firm several years ago.  Fort Wealth made sure to follow Jim’s suggestions to the letter.   That is,  to make sure no one else holds the Gold/Silver for the clients.

    Because of his foresight,  our clients have a lion share of their long term values in a secure place outside this arena of doubt, that is, outside the banking system.   The funds (in the accounts) we have now are currently frozen and all our positions have been liquidated by force.   None of my clients gave permission to liquidate all their purchased Call options in the Precious Metals sector.   I personally got the worst fill in the liquidation on my March Silver $50 Call options.   We have friends at “The United States Chart Company”,  they keep the history of options value and hold this data for their subscribers to review.   Because of this,  I was personally able to see this glaring fact that these options were sold at 9.5 cents,  the lowest price ever for this option.   As of this writing,  the closing price from Thursday is 13.5 cents.  These are small differences,  but the percentages bring out the fact that there’s a 33% spread between liquidation and the settling price given.
    We were also told that the liquidation’s where authorized by Jefferies,  which does the commodity trades for PFG.   Many of my clients are furious that their purchased options were liquidated to supply more cash for the distributions of what’s left.   I called and spoke to a legal representative at Jefferies,  we want to know who the individual is that made this “authorization” to liquidate already purchased options that have no other risk that could be added to the firms involved.   This leaves every single trader (At Fort Wealth and the other IB’s at PFG)out of the precious metals market.   I was promised a call back,  but the way things work in our industry,  I’m still waiting ….. Fort Wealth will be back into the markets once we find a suitable FCM (Futures Commodity Merchant).
    Our clients,  as stated earlier,  have most of their wealth at home and are aware of the risks in the business,  and are willing to carry on because we believe there is integrity out there.   But it’s as hard to find as a best friend.   I’m going to assume many IB’s (Introducing Brokers) will not be able to recover from this hit.   After all,  all the commissions generated in the past month have been taken as well as the paychecks of all the employees at PFG.   The firms all have families to support,  bills to pay,  and other obligations to perform.   This is not their fault.   We hope everyone has the strength to carry on and be in the precious metals when the truth hits the price.  When/if that occurs,  all the headaches will be worth it (imho),  like in December and January of 1980 when Silver and Gold found its prices 1,000% of percentages from the lows 10 years past, and which happened to balance out the US debt at the time …. Stay Long and Strong!!

    JB Slear
    Fort Wealth Trading Co LLC.






    http://www.otcmarkets.com/stock/STLK/company-info

    ( note who the auditor for this shady outfit is..... same auditor as for PFG Best ..... )


    Business Description
    STL Marketing Group is committed to brand movement through creative and design services, packaging and supply solutions. The core business unit is Green Tree Packaging. Green Tree Packaging is dedicated to packaging solutions that protect more than just your product. We provide sustainable packaging solutions to help protect the environment for future generations. We offer eco-friendly alternatives to traditional packaging supplies and strive to educate consumers, employees and suppliers on red...
    *  *  * 
    Financial Reporting/Disclosure
    Reporting StatusU.S. Registered & Reporting: Alternative Reporting Standard
    Deregistered a/o Jun 14, 2001
    Audited FinancialsNot Available
    Latest ReportNov 17, 2009 Quarterly Report
    Regulatory AgencyNot Available
    CIK0001080291
    Fiscal Year End12/31
    OTC Market TierOTC Pink No Information


    STLK Security Details
    Share Structure
    Market Value1$69,411a/o Jul 11, 2012
    Shares Outstanding18,759,792a/o Jan 07, 2010
    Float17,614,297a/o Jan 07, 2010
    Authorized Shares500,000,000a/o Jan 07, 2010
    Par Value0.001
    Shareholders
    Shareholders of Record307a/o Oct 26, 2009
    Security Notes
    • Capital Change=shs increased by 4.2 for 1 split. Ex-date=2-14-00. Rec date=1-28-00. Pay date=2-11-00
    • Capital Change=shs decreased by 1 for 200 split. Pay date=3-20-06.
    • Capital Change=shs decreased by 1 for 10 split Pay date=11/30/2007.
    • Capital Change=shs decreased by 1 for 500 split. Pay date=09/03/2009.
    Short Selling Data
    Short Interest0 (-100%)
    Apr 29, 2011
    Significant Failures to DeliverNo


    Service Providers
    Auditor/Accountant
    Veraja-Snelling and Company
    567 James Court
    Glendale Heights, IL, 60139
    United States






    http://articles.chicagotribune.com/2012-07-12/business/sns-rt-us-broker-pfgbest-auditorbre86b02n-20120711_1_attempt-on-monday-morning-auditor-futures-broker

    ( Reminds me of Madoff's auditor..... )


    Exclusive: U.S. probing failed broker PFGBest's use of small auditor

    July 12, 2012|Sarah N. Lynch and Nick Carey | Reuters
      • Share15
    (STRINGER,…)

    WASHINGTON/CHICAGO (Reuters) - U.S. futures industry investigators are looking into why Iowa-based collapsed brokerage PFGBest used a tiny accounting firm that appears to be operating from inside a suburban Chicago home to audit its books, according to a person familiar with the matter.
    Experts said the use of such an auditor should have been a red flag to regulators of a futures brokerage with more than $500 million in assets and several hundred employees across the United States as well as in Shanghai and Canada.

    and.....

    http://barnhardt.biz/



    PFG ISN'T THE FIRST HUGE NFA AUDITING "OVERSIGHT"

    POSTED BY ANN BARNHARDT - JULY 11, AD 2012 2:16 PM MST

    So you think that PFGBest is the first time that the NFA has inexplicably "missed" hundreds of millions of dollars from a non-clearing FCM that they had under their auditing auspices?Oh, you would be very, very wrong. Let me tell you the tale of Sentinel Management Group, a non-clearing FCM that operated as a hedge fund for other FCMs, that was a Ponzi scheme which when it finally collapsed in 2007, was "missing" $500 million.
    The NFA's own report on Sentinel, for which the NFA was the auditing body, found:
    "Sentinel failed to maintain adequate books and records, including records to demonstrate the location" of some accounts.
    Huh. How is that possible, given that the NFA auditors had signed off on every audit ever performed of Sentinel, since the NFA was itself the auditing body?
    Apparently, just as with PFGBest, the NFA was grossly, grossly negligent in its due diligence - almost certainly intentionally - and then mid-level robosigners who were neither competent nor possessing any real knowledge of Sentinel's books were told to sign off on the Sentinel audits.
    Anecdotally, I have been told by someone familiar with the situation that when the investing FCMs who had their money stolen by Sentinel pressed the NFA to explain how they could have possibly missed half a billion dollars in missing funds, the NFA's reply was that they didn't really understand the complexities of the documentation and investments that they were shown, and thus just signed off on the audit trusting that everything was okay.
    Uh-huh. Maybe like how no one really understood all of those "complex" reverse repos that Corzine had over at MF Global? Because rule number one in forensic accounting and auditing is: If you don't understand something, just sign off on it anyway. Especially if the CEO of the firm is either a crony of the ruling political regime, ex-Goldman CEO and next in line to SECTREAS or sits on the board of the self-regulatory body itself.
    The NFA is a criminal organization. It is a mafia. And it is powerful. How do you think they managed to completely hush-up the Sentinel fiasco? Let me remind you that back in 2007, $500 million was an ENORMOUS amount of money. And yet I'm betting this is the first many of you have heard about this.
    The NFA needs to be shut down, disbanded, and many of the upper management need to be tried under the RICO statutes. These people have willfully destroyed people's lives and businesses in service to their cosa nostra / political cadre, and many times have done it for sport.
    I can promise you that PFGBest is not the only instance of the NFA overlooking grossly underfunded FCMs that are under their auditing auspices. There is NEVER just one cockroach.




    My advice? The PFGBest customers need to form a class, and quickly. Sue the NFA and NFA management personally for fraud. There is a provable history of GROSS NEGLIGENCE by the NFA with regards to their auditing oversight.
    A few citation URLs for you to cut and paste into your browser. Happy reading:
    http://en.wikipedia.org/wiki/Sentinel_Management_Group#cite_note-globe-3
    http://www.fbi.gov/chicago/press-releases/2012/ceo-and-head-trader-of-bankrupt-sentinel-management-indicted-in-alleged-500-million-fraud-scheme-prior-to-firms-2007-collapse
    http://seekingalpha.com/article/45105-nfa-drops-sentinel-ball-sec-picks-up-sentinel-ball
    http://online.barrons.com/article/SB118860706640815325.html





    and.....


    I HAVE INFO FOR ANYONE WHO WANTS TO SUE THE NFA

    POSTED BY ANN BARNHARDT - JULY 10, AD 2012 4:59 PM MST

    The National Futures Association needs to be sued into the ground by all of the PFGBest customers, as well as many of the NFA employees PERSONALLY.In 2010 I was audited by the NFA, which is a bi-annual (every two years) occurrence for Independent Introducing Brokers. The NFA tried to tell me that a commercial hedge broker could not execute more than one round-turn per client per cash inventory cycle.
    Yes, I kid you not. They actually tried to make that argument. As in a feedlot or rancher who is hedged with short futures and has a big open profit on the hedge MAY NOT exit that short futures and buy puts in order to manage that position. Or, if a hedger has an option position that has a big open profit, the hedger may NOT roll that option position into a different strike price in order to capture equity and protect against time value erosion.
    The NFA actually tried to argue that it is against the law for a hedge broker to transact more than one round-turn per cash commodity inventory cycle. Again, I can't make this crap up. I have all of their stunningly ignorant letters to prove all of this.
    But here is the point, and anyone out there who is a PFGBest customer or an attorney representing a PFGBest customer needs to listen up:
    The same "Senior Compliance Manager" who signed off on the PFGBest affadavit and who is listed on the NFA website as both the "Director of Audits/Investigations" and the "Director of FOREX Compliance", Lauren Brinati, is the same woman whom I and my attorneys dealt with two years ago.
    Now, hold on to your pantyhose.
    One of my attorneys in the Schuyler Roche Crisham firm in Chicago, as livid as I was by the NFA's galactically stupid contention about hedgers being limited to one round-turn per cash inventory cycle, called Lauren Brinati to discuss the NFA's position. Lauren Brinati said that she couldn't discuss the matter with my attorney directly because:
    "I don't actually understand any of this stuff. I just sign whatever comes across my desk."
    Lauren Brinati, June 2010

    Lauren Brinati said that to my attorney in June of 2010.
    This woman is DIRECTOR OF AUDITS AND INVESTIGATIONS, and openly stated that not only did she have no understanding of the futures and options industry, but also admitted freely that she was a de facto robosigner who signed off on ANYTHING that came down from above.
    The NFA had full, direct auditing oversight of PFGBest because PFGBest was a non-clearing FCM. The Director of NFA Audits and Investigations, Lauren Brinati, admitted freely to my attorney that she lacked even rudimentary understanding of the industry, could not discuss even the simplest concepts, and signed whatever came across her desk from on high without understanding it.
    Anyone who is interested in pursuing this as evidence of gross negligence and breach of fiduciary duty by the NFA, and Lauren Brinati personally, should have their attorney contact me.UPDATE: The NFA was mailing bank account confirmations to an UNVERIFIED PO BOX in CEDAR FALLS, IOWA that was actually rented by Russell Wasendorf, Sr. That's how he was faking the balance confirms. That's right, Lauren Brinati and the NFA auditing crew snail mailed account balance confirms, confirming HUNDREDS OF MILLIONS OF DOLLARS in customer funds to an UNVERIFIED PO BOX in CEDAR FALLS, IOWA. You simply cannot make this shit up.
    Here is the Reuters citation.


    UPDATE 2: Just in case you didn't catch it, Russell Wasendorf, Sr. currently sits on the NFA's FCM Advisory Board. Go ahead and screen capture the following URL before they scrub it.
    http://www.nfa.futures.org/NFA-about-nfa/committees/advisory-committee.HTML

    PFG is MF Global all Over Again: ‘JPMorgan is Liquidating Our PM Position at a Loss Without our Consent’

    Lauren Lyster’s latest Capital Account is an absolute MUST WATCH as Lyster interviews two PFG customers, one of which states (at the 9:30 mark) ‘our entire PM FOREX future position is locked and JP Morgan is liquidating our position at a loss without our consent!





    and.....

    http://www.silverdoctors.com/russell-wasendorf-sr-currently-sitting-on-nfa-advisory-board/



    Russell Wasendorf Sr. Currently Sitting on NFA Advisory Board!


    For SD readers wondering how PFG could go several years with hundreds of millions of dollars missing from segregated client funds and yet regulators never say a word, wonder no more.

    PFG’s CEO Russell Wasendorf Sr. is currently sitting on the National Futures Association’s Advisory Committee!
    Wasendorf is an active member of the committee that is supposedly regulating his firm!!!
    You simply can’t make this s*** up!!

    Futures Commission Merchant Advisory Committee

    David M. Battan
    Vice President and General Counsel
    Interactive Brokers, LLC
    Washington, DC
    (term ending February 2015)
    Bruce A. Beatus
    Assistant General Counsel
    Bank of America Merrill Lynch
    Chicago, Illinois
    (term ending February 2014)
    Maria Chiodi
    Director and Counsel
    Credit Suisse
    New York, New York
    (term ending February 2014)
    Clarence Delbridge, III
    Executive Vice President
    FC Stone, LLC
    Chicago, Illinois
    (term ending February 2014)
    Robert F. Klein
    Managing Director and General Counsel
    Citigroup Global Markets, Inc.
    New York, New York
    (term ending February 2014)
    Donald R. Levine
    Senior Counsel
    Jefferies Bache LLC
    New York, New York
    (term ending February 2015)
    Bonnie Litt
    Managing Director and
    Associate General Counsel

    Goldman Sachs & Co.
    New York, New York
    (term ending February 2015)
    Marc Nagel
    Chief Operating Officer
    Dorman Trading LLC
    Chicago, IL
    (term ending February 2014)
    Susan M. SchultzGlenview, Illinois
    (term ending February 2014)
    Russell R. Wasendorf Sr.
    CEO
    PFG Best
    Chicago, Illinois
    (term ending February 2015)

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