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PwC must face $1 billion lawsuit over MF Global advice
(Reuters) - A federal judge on Wednesday ordered PricewaterhouseCoopers to face a $1 billion lawsuit claiming that its bad accounting advice was a substantial cause of the October 2011 bankruptcy of MF Global Holdings Ltd, a brokerage run by former New Jersey Governor Jon Corzine.
U.S. District Judge Victor Marrero in Manhattan said PwC's [PWC.UL] advice on "repurchase-to-maturity" transactions through which Corzine bought $6.3 billion of European sovereign debt affected how MF Global implemented its strategy and in turn contributed to its alleged losses.
"This line of causation gives rise to a plausible claim that PwC proximately caused harm to MF Global," Marrero wrote.
MF Global's bankruptcy plan administrator sued PwC on March 28, accusing it of professional malpractice for having provided "flatly erroneous" accounting advice to the company. Corzine is not a defendant.
Marrero on Wednesday noted that factors such as how MF Global employees implemented Corzine's strategy might also have been major causes of the New York-based company's losses. But he said a jury, not a judge, should sort out who was liable.
The judge did dismiss breach of contract and unjust enrichment claims against PwC.
Caroline Nolan, a PwC spokeswoman, said, "We respectfully disagree" with the decision to let the case go forward.
She also said PwC's audit of MF Global complied with professional standards, and that MF Global's treatment of the repurchase-to-maturity transactions was consistent with generally accepted accounting principles.
Daniel Fetterman, a partner at Kasowitz, Benson, Torres & Friedman representing the administrator, said: "We are pleased with Judge Marrero's well-reasoned decision, and look forward to presenting our case to a jury."
Before its rapid demise, MF Global had struggled with worries about the sovereign debt, credit rating downgrades, margin calls, and news that money from customer accounts was used to cover liquidity shortfalls.
Brokerage and commodity customers have since recovered nearly all their money.
Marrero on July 9 rejected PwC's argument that the MF Global administrator "stands in the shoes" of the company under the "in pari delicto" legal doctrine and cannot recover because Corzine and other officials were also at fault.
Corzine is also a former Goldman Sachs co-chairman. He faces other lawsuits over MF Global from investors, customers and U.S. regulators, which Marrero also oversees.
The case is MF Global Holdings Ltd as Plan Administrator v. PricewaterhouseCoopers LLP, U.S. District Court, Southern District of New York, No. 14-02197.
(Reporting by Jonathan Stempel in New York; Editing by Cynthia Osterman and Tom Brown)
http://www.reuters.com/article/2014/08/27/us-pricewaterhousecoopers-mfglobal-lawsu-idUSKBN0GR1YV20140827
Why Did MF Global Declare Bankruptcy At 2 AM Sunday Morning? http://www.valuewalk.com/2014/08/mf-global-bankruptcy/
More investigative journalism on the MFGLQ
http://www.huffingtonpost.com/janet-tavakoli/mf-global-implosion-congr_b_1473802.html
PwC must face $1 billion lawsuit over MF Global collapse
or... More dirt on da Don Jon Corzine
Wed Jul 9, 2014 6:12pm EDT
* Lawsuit links PwC's accounting advice to MF Global demise
* Judge has yet to review other PwC arguments for dismissal
By Jonathan Stempel
NEW YORK, July 9 (Reuters) - A federal judge on Wednesday rejected PricewaterhouseCoopers' request to dismiss a $1 billion lawsuit accusing the auditor of providing bad accounting advice that contributed to the October 2011 collapse of MF Global Holdings Ltd, a brokerage run by former New Jersey Governor Jon Corzine.
U.S. District Judge Victor Marrero rejected PwC's argument that the MF Global's bankruptcy plan administrator, which brought the lawsuit, "stands in the shoes" of the company under the "in pari delicto" legal doctrine, and cannot recover because Corzine and other officials were also to blame for the collapse.
Marrero has yet to review other PwC arguments for dismissal, including that the administrator had no authority to sue and did not show that the accounting advice was a "proximate" cause of MF Global's bankruptcy.
A PwC spokesman had no immediate comment. The auditor's lawyer did not immediately respond to a request for comment.
The March 28 lawsuit accused PwC of professional malpractice for providing "flatly erroneous" advice on how to account for Corzine's $6.3 billion investment in European sovereign debt.
Marrero said that while MF Global may have provided information used to formulate that advice, the complaint did not suggest it had an "active, voluntary" role in the advice or was a "willing participant" in unlawful conduct related to it.
"Under PwC's reasoning, the in pari delicto doctrine would insulate an auditor from liability whenever a company pursues a failed investment strategy after receiving wrongful advice from an accountant," Marrero wrote. "Such a broad reading of the doctrine would effectively put an end to all professional malpractice actions against accountants."
Prior to its Oct. 31, 2011 bankruptcy, MF Global had struggled with worries about the sovereign debt, margin calls, credit rating downgrades, and news that money from customer accounts was used to cover liquidity shortfalls.
Corzine is also a former Goldman Sachs co-chairman. He is not a defendant in the PwC case but faces other lawsuits over MF Global from investors, customers and U.S. regulators.
The case is MF Global Holdings Ltd as Plan Administrator v. PricewaterhouseCoopers LLP, U.S. District Court, Southern District of New York, No. 14-02197. (Reporting by Jonathan Stempel in New York)
http://www.reuters.com/article/2014/07/09/pricewaterhouse-mfglobal-lawsuit-idUSL2N0PK2D620140709
Concerning the MF Global Inc. general estate, the Trustee is pleased that progress in the administration of the general estate has reached a point of now being able to anticipate filing motions by this fall for the full distribution of allowed administrative and priority claims and a sizeable interim distribution for general unsecured claims
woot WOOT!
http://dm.epiq11.com/MFG/Project#
Recent commentary:
http://www.law360.com/articles/549550/mf-global-trustee-says-most-customer-claims-are-complete
http://www.huffingtonpost.com/janet-tavakoli/mf-global-implosion-congr_b_1473802.html
Also check here in about a month for 2nd Q cash flow
http://mfglobalcaseinfo.com/reporting.php
MF-Global invested in Europe's most indebted nations averaging down until there was no cash in their coffers. Corzine basically set out to catch the falling knife with OPM (other peoples money). Although the knife pinned the hand of MFGL, and our beloved "Don John Corzine" to the floor the company was only 1Bil upside down with 39Bil assets to 40Bil debt. The liquidation is scheduled over a 5 year period beginning July 2013, and all the while many of these indebted nations are in recovery mode. With over 4 years to go I would be surprised if there would not be something left for common shareholders with no overhead to speak of and assets appreciating.
Nothing to do but wait for now, and check in from time to time. 2018 may turn out to be a good year for those that picked up the scraps Thanks for posting the update, and enjoy the entertainment!
Yup, saw that. A year ago they were saying customers wouldn't be paid in whole either. Not making a case for anything other than hope.
Not for MFGLQ shareholders ? : "The information in this statement does not apply to any other MF Global entity, including separate insolvency proceedings involving the parent company, MF Global Holdings Ltd. "
Trustee Giddens Achieves Milestone: Final 100 Percent Distribution to All Former MF Global Inc. Customers Begins April 4, 2014
New York, April 3, 2014 - James W. Giddens, Trustee for the Securities Investor Protection Act (SIPA) liquidation of MF Global Inc. (MFGI), today announced the final, 100 percent distribution to fully satisfy all claims of former MFGI public customers. With this distribution, a total of $6.7 billion will have been returned to over 26,000 securities customers and commodities futures customers. Distributions will commence on Friday, April 4, 2014, and will continue for several weeks.
“It gives me great pleasure to say that checks are going in the mail that will make all public customers of MF Global Inc. 100 percent whole,” Giddens said. “When MF Global failed more than two years ago, few thought a way could be found to make customers whole. This is the result of Herculean efforts by many professionals, including Hughes Hubbard & Reed LLP and Deloitte & Touche LLP.”
The distribution is possible because of a number of innovative steps, including a temporary loan of general estate property and an assignment and subrogation of rights approved by the Honorable Bankruptcy Court Judge Martin Glenn and confirmed on appeal by the Honorable District Court Judge Victor Marrero. As a result of earlier agreements also approved by the Court, it is anticipated that additional funds will be received from MF Global UK, Ltd., which is being administered by Richard Heis at KPMG LLP.
Setting the stage for full customer distribution started on October 31, 2011, when the Trustee and his staff began working around the clock to identify customer property through exhaustive investigation and forensic accounting, including tracing the more than $105 billion in transactions made in and out of MFGI in the last week before bankruptcy. Once identified, efforts to marshal customer property often required litigation and complex negotiation.
The Trustee is grateful for the guidance of the Securities Investor Protection Corporation and the assistance and cooperation of the Securities and Exchange Commission and the Commodity Futures Trading Commission.
The 100 percent customer recovery does not diminish the consequences of the unprecedented customer property segregation failure that led to MFGI’s liquidation, including the length of time customers have been without their property.
Additional Information
? Number of 4d customers: 24,020
? 4d customer property returned: $5.4 billion
? Number of 30.7 customers: 2,047
? 30.7 customer property returned: $880 million
? Number of securities customers: 428
? Securities customer property returned: $376 million
The information in this statement does not apply to any other MF Global entity, including separate insolvency proceedings involving the parent company, MF Global Holdings Ltd.
Media Contacts for MF Global Inc. Trustee:
Kent Jarrell, 202-230-1833
Jake Sargent, 202-569-5086
http://dm.epiq11.com/MFG/Project#
Is there hope - customer accounts reimbursed 100% starting last Friday
http://www.mfglobalcaseinfo.com/claim.php
It not longer trades but the bad investments the company made are actually appreciating as the economies of European Nations improve. Doesn't matter unless you bought before trading halted anyway but if you did then get your certs!
Since you edited your post after I already responded, I will post again. You sound like the same 'smart' person that said not to invest in FNMA when it was in the .20's
OK. Money keeps coming out of thin air. Thanks
It still means there is ZERO chance of common shareholders seeing any recovery ever. Anybody that thinks otherwise has not followed the case and is only dreaming. They are still billions in the hole that would be owed to all creditors. The POR was voted on and approved bythe Court. Commons were deemed to get 0.0% recovery and the stock was cancelled. It doesn't get any clearer than that.
IMO, it means that the case against Corzine, and other execs is getting stronger so they may be shook by their ankles for cash before this is over. Then their is the remote possibility that the directors of the corp. could have to pony up too.
It will be 5 years before liquidation is complete, and commons are last to receive any excess from liquidation. In the mean time, the assets that are being liquidated are appreciating so the longer the liquidation, the better chance for commons.
Short simple answer is yes, and the chance just got better
Common shareholders are last in line, and the liquidation is to take place over five years so 2018 would be the soonest payday for commons IMO. The only way there could be a disbursement to commons sooner would be if the bad investments head north quickly leaving a windfall over the agreed settlement amounts. If that happens then there would be disbursements over the remaining life of the liquidation schedule. IMO, if they take their sweet time liquidating, then there is a better chance for a healthy recovery for shareholders.
Check the latest on the Corzine trial drama... http://online.wsj.com/article/BT-CO-20131104-708603.html
MF Global ghost news: http://www.reuters.com/article/2013/10/30/us-usa-markets-mfglobal-idUSBRE99T1G520131030?feedType=RSS
http://www.bloomberg.com/news/2013-10-30/cftc-to-adopt-client-funds-rule-after-mf-global-peregrine-cases.html
Ahead of the hearings during the remainder of 2013 does anyone have any more insight into the likely outcome of us common shareholders. Do we think we might see a settlement in 2014 or will this run for years. Any insight (or even conjecture) welcomed?
Best
Arb
MF Global administrators could make 100% return to creditors
http://www.accountancyage.com/aa/news/2288565/mf-global-administrators-could-make-100-return-to-creditors
I guess we'll have more clarity in 3 weeks after the next hearing
Yes, that's how the story reads
Seems like any number above $50,000,000 goes to MF Global Holdings
I just used round numbers. 60mil divided by the outstanding. I've not calculated what other claims might be ahead of commons which are last in line however there was enough to satisfy debtors, and customer accounts as settled and ordered by the courts at the time of symbol deletion from trading. Obviously the first money will go toward legal fees, then preferred stakeholders, and finally commons.
What is exciting is this is just a small residual recovery, and there will be more. The liquidation is scheduled over a 5 year period while the European Investment of 6.2bil is recovering.
Now that the debts are settled, and overhead of operations have been pared down to miniscule, there is a chance for monster recovery over time. Imagine turning a profit on the 6.2bil that was written down as a loss... Then we're talking dollars per common share after preferred and legal expenses are satisfied.
Currently, Corzine and friends are attempting to have their case dismissed however they underestimate the legal Acumen of the former FBI director in hot pursuit of justice. IMO, they should beg for mercy as these continued legal shenanigans will eventually bury them alive. There have been no criminal charges... yet!
Highlights:
MF Global Holdings Ltd. has struck a deal with J.P. Morgan Chase & Co. that calls for the bank to pay MF Global a portion of what the bank recovers in the case, a settlement that MF Global's administrator says avoids "years of costly and complex litigation."
If the recovery ends up being less than $10 million, the MF Global holding company will get 10% of that first $10 million or less. The percentage goes up for every $10 million J.P. Morgan recovers, and if it ends up over $50 million, MF Global Holdings will get all of the excess cash above the $50 million threshold.
Sounds good. How did you come up with .05 per share?
Corzine and friends attempt to dodge bullets. http://www.reuters.com/article/2013/07/23/us-mfglobal-lawsuits-idUSBRE96M0VY20130723
MF Global just recovered about a nickel a share
http://www.businessweek.com/news/2013-07-26/mf-global-reaches-settlement-with-jpmorgan-unit-on-recovery-1
Wall Street Journal coverage... http://online.wsj.com/article/SB10001424127887323873904578571681994899150.html
Plus 4 other headlines less than 24 hours old... http://www.bing.com/search?q=mf+global+john+corzine&form=IE10TR&src=IE10TR&pc=MALNJS
Corzine may be the first former Goldman Sachs player to be banned from trading.
Lot's of new evidence coming out of the wood work now.
The one ray of hope
http://www.mfglobalcaseinfo.com/claim.php
We'll get more news July 3rd or right after the holiday
Thanks, I missed that news. Since I ordered my certs from my broker they've sent them to the Transfer Agent where I'm now an owner of record so I think I'll leave them right there now
Fingers crossed, Go Gary Gensler!
Report: CFTC Plots Civil Suit Against Corzine Over MF Global Collapse
By Matt Egan
Published June 25, 2013
FOXBusiness
Read more: http://www.foxbusiness.com/business-leaders/2013/06/25/report-cftc-plots-civil-suit-against-corzine-over-mf-global-collapse/#ixzz2XLZJEnad
Under pressure to hold Wall Street executives accountable for misconduct, U.S. regulators are reportedly poised to pursue a civil lawsuit against former MF Global CEO Jon Corzine nearly two years after the brokerage firm’s stunning collapse.
A case against Corzine, the former Goldman Sachs (GS) CEO and Democratic governor of New Jersey, would represent a tougher stance against alleged wrongdoing, especially considering no one from bankrupt investment bank Lehman Brothers was ever charged.
According to The New York Times, the Commodity Futures Trading Commission plans to approve the lawsuit as soon as this week and, in a break with normal practice, doesn’t expect to offer Corzine the chance to settle.
In the largest failure since Lehman in 2008, MF Global filed for bankruptcy in 2011 after making risky bets in the sovereign debt of struggling eurozone countries like Spain and Portugal. While the implosion spooked investors, it drew regulatory scrutiny after more than $1 billion in customer money disappeared, leading some to question whether executives engaged in fraud.
However, the CFTC likely won’t directly link Corzine to the disappearance of the funds and will instead blame him for failing to prevent a breach at a lower level of MF Global, the Times reported.
Still, if Corzine, 66, is found liable, he would face fines in the millions of dollars and a potential ban from trading commodities.
The CFTC declined to comment on the report.
A spokesman for Corzine told the Times the anticipated lawsuit is “an unprecedented and meritless civil enforcement action,” but “not surprising considering the political pressure to hold someone liable for the failure of MF Global.”
“If the CFTC brings this enforcement action, Mr. Corzine would welcome the opportunity to litigate this matter in an impartial venue, free from politically influenced prejudice and unfounded assertions, which have been frequently repeated despite the lack of a factual basis,” the spokesman for Corzine told the paper.
Some may be disappointed the U.S. is pursuing a civil case instead of a criminal one, which would require a higher threshold of evidence.
However, criminal investigators have found that shoddy risk controls at MF Global caused the customer money to vanish, not fraud, the Times reported, citing a law enforcement official with knowledge of the case.
The CFTC is led by Gary Gensler, a former colleague of Corzine's at Goldman Sachs in the 1990s and a campaign contributor to the New Jersey Democratic Party in 2005 when Corzine was running for governor.
Gensler recused himself from the investigation into MF Global's final days shortly after the firm's bankruptcy.
Read more: http://www.foxbusiness.com/business-leaders/2013/06/25/report-cftc-plots-civil-suit-against-corzine-over-mf-global-collapse/#ixzz2XLZE9RMV
MF Global: High Court approves client money distribution process
Author: Laura Miller
IFAonline | 11 Jun 2013 | 14:25
Categories: Investment
Topics: courts| court case
inShare.0 The High Court has approved a procedure for distributing the approximately $1bn of client money held by the UK arm of failed investment firm MF Global.
The application was made by the administrators of MF Global UK to address the fact that there is no such distribution procedure in the Financial Conduct Authority's client money rules, nor is there one in The Investment Bank Special Administration Rules.
The absence of such a procedure meant that the administrators had to make substantial reserves for claims they considered to be invalid, and for unknown claims.
The administrators and an external legal team drafted a unique client money distribution procedure, which will now enable the administrators and MF Global UK UK to distribute client monies under a clear and fair procedure, without the need to reserve for unknown claims or for rejected claims that are not appealed.
This judgment follows a series of historic landmark Court approvals, including, initially in July last year, of the first distribution plan for the return of client assets under the special administration regime, and most recently in January this year, the Hindsight Application judgment.
MF Global filed for bankruptcy in October 2011 after it took a $6.3bn position on European government debt which was undone by eurozone market volatility and destroyed market confidence in the company.
Read more: http://www.ifaonline.co.uk/ifaonline/news/2274149/mf-global-high-court-approves-client-money-distribution-process#ixzz2VxE2AJJ0
IFA Online - News, blogs and analysis for IFAs. Visit the website now.
Correct, each Holder of an Allowed Class 9A Common Interest shall receive its Pro Rata Share of Holdings Ltd.'s Available Cash remaining after all Allowed Claims in Classes 4A, 5A, 6A, 7A and Allowed Interests in Class 8A have been satisfied in full pursuant to this Plan, consistent with such Holder's realative priority and economic entitlements in the Plan Trust Stock.
We may hear something within a month but the liquidation, and collections will continue adding to Available Cash for up to 5 years.
Therefore, Available Cash to Allowed Class 9A Common Interest likely to be years in coming after all other Allowed Interests have been satisfied in full puruant to the plan. But there is a chance the wait may be well worth it.
Time will tell.
MF Global Holdings, Ltd. (fka MFGLQ) After Life
there is a glimmer of hope
It's in Paragraph C, after the words 'provided however':
http://mfglobalcaseinfo.com/pdflib/1267_15059.pdf
The process has started. Seems like there will be more news July 3rd. I am not holding my breath and consider this a write off, but as has been said before, stranger things have happened.... and people who lost millions on the common stock aren't just going to sit idly by
They will be finding more $$$ where that came from and other sources as time goes on... 5 years worth into the future. With creditors debts settled and paid through BK proceedings, extra $$$$ collected will pay legal fees, and what's left belongs to zombie owners of the company.
LMAO I bought back in @ .025 within an hour of the ticker being deleted... Either the best, or the worst trade in my history!
Time of death aproximately... http://investorshub.advfn.com/boards/read_msg.aspx?message_id=88628812
In the mean time, Cheers to the belated $MFGLQ~ticker!
LOL, RIP MFGLQ!
That is recovery for 'customers' and has zero to do with any money that secured debt, bondholders, or shareholders are out.
MF Global used customer account money to prop up bad trades and any money recovered from that does nothing to satisfy the billions that the company was in the hole since it is the customers who are receiving any future distribution.
It is over, they cancelled the stock.
Once its cancelled and they did not issue newco shares or warrants.......it is truly over.
news is staring to come out again - i personally think the commons are history, but i am open to miracles. Right now it sounds like they have found 94% of the money. Logic 101 says if they find 100%, then the commons get paid. But will it be the new issue and not the stock that was just wiped out?
MF Global Customers May Recover 94 Cents on Dollar
By Tiffany Kary - Jun 5, 2013 12:52 PM ET
MF Global Inc.’s former customers should get 94 cents on the dollar as disputes including a lawsuit against directors and officers delay the potential for full recovery, the failed brokerage’s trustee said.
Most customers have already recovered 89 percent of what they were owed, trustee James Giddens said in a report covering his progress from Dec. 5 to June 4 in overseeing the brokerage’s wind-down. Giddens sees the potential for 94 cents following the completion of settlements with MF Global’s U.K. unit and JPMorgan Chase & Co., according to the report filed yesterday in U.S. Bankruptcy Court in Manhattan.
Customers may recover as much as 96 percent following the settlement with JPMorgan, Giddens said. He previously projected customers would get 93 cents on the dollar.
“The trustee’s goal and aspiration remains to return as close to 100 percent of allowed net equity claims as possible for customer property while maximizing value for all creditors,” Giddens said.
A pending lawsuit against the company’s former management, including former New Jersey Governor and Goldman Sachs Group Inc. Co-ChairmanJon Corzine, will affect the size and timing of further distributions, Giddens said.
The case, in which Giddens is cooperating with class action plaintiffs, has consolidated lawsuits in multiple districts under Judge Victor Marrero in the Southern District of New York. Mediation under retired judge Daniel Weinstein, which began in February, is “progressing,” and has been extended to June 24, Giddens said.
Improve Distributions
Resolution of the U.K. and JPMorgan issue will also improve distributions for U.S. customers who traded on foreign exchanges. Those customers, who have received 18 cents on the dollar, eventually should get 84 to 91 cents, Giddens said.
MF Global Holdings Ltd., the brokerage’s parent company, filed for bankruptcy on Oct. 31, 2011, after a wrong-way $6.3 billion trade on its own behalf on bonds of some of Europe’s most indebted nations. The company listed assets of $41 billion and debts of $39.7 billion.
Giddens received 27,000 customer claims, and only 12 remain unresolved, he said. The current anticipated shortfall for U.S. account holders who have received 89 percent distributions is $563 million, and will be down to $205 million after the JPMorgan settlement is finalized, according to his report.
Separate Trustees
While Giddens has been overseeing distributions to former MF Global customers, a separate trustee, Louis J. Freeh, has been overseeing returns to creditors of the holding company. That company’s wind-down plan was approved in April, and will pay unsecured creditors as much as 41.5 cents on the dollar.
Separately, Freeh said yesterday that he would step down, leaving the remainder of the wind-down to be overseen by a board of directors.
“With the plan approved and a new board in place, I am confident the liquidation process can be effectively administered to the satisfaction of the creditors,” Freeh said in a statement.
The holding company’s Chapter 11 case is In re MF Global Holdings Ltd., 11-bk-15059, U.S. Bankruptcy Court, Southern District of New York (Manhattan). The liquidation of the broker is In re MF Global Inc., 11-bk-02790, in the same court.
Freeh stepped down... http://www.4-traders.com/MF-GLOBAL-HOLDINGS-LTD-9824770/news/MF-Global-ends-bankruptcy-as-trustee-Freeh-steps-down-17003583/ ...leaving these guys to squeeze the assetts for the next couple of years.
Freeh has set up a collections account for 5 years and is pressing civil charges in a jury trial against Corzine and two other top exectutives and I'll speculate that directors may be exposed.
LOL, this is a no deposit, no return play
What do you think of today's news (as I rightly forecast long ago with links to the DS and POR) and how does today's news work with your statement of......
Stranger things have happened!
I was wondering about short interest at this stage. That's precisely why I requested my certs! LOLZ, perhaps offers will eventually follow in the mail with shorties return address?
,,,,,,,Does it Prevent shareholder recover??? NO....
IF THERE IS ONE....ITS BAD NEWS FOR THE SHORT IDIOTS.
who knows, maybe one day down the road the commons will be paid and you'll get a check in the mail
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MF Global Holdings Ltd. (Case No. 11-15059 (MG)),
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