Are Your Funds Safe? NFA to Shut down small forex fcms

[forex savior]

For months I have been detailing on this thread the agonies of Forex Dealer Dead Pool Member One World Capital and how this poorly capitalized firm was destined for the scrap heap. Earlier this year the NFA accused them of failing to meet basic financial requirements and hauled them before their business conduct committee. Later in the year One World's own traders began to howl in protest over the fact they couldn't withdraw their funds. Then their Chicago Sales staff resigned en masse. Then the NFA wacked One World with a huge six figure fine. Then last week I received another report that their New York Sales staff had resigned en masse.

And now the coup de grace. On Monday, December 3, 2007, the house of cards that was One World came crashing down after the NFA forced them to close their doors. This lame three legged horse was finally put down. One World is now grist for the knacker.

So what finally did in this rotting, fly covered firm? The sordid details can be read in the NFA's own Member Responsibility Action. It is quite instructive and as someone who has been warning traders for months to stay away from these guys; prophetic. The autopsy can be read here:
National Futures Association | News Center

Let's go through it bullet point by bullet point. The reason I wish to subject everyone to this painful tooth scraping is that the collapse of One World provides for a perfect illustration of why poorly capitalized firms are so risky to trade with. So open your mouth and prepare for some bleeding gums...

One World is required to maintain adjusted net capital in an amount of at least $1 million. The firm's latest form 1-FR-FCM reported that, as of October 31, 2007, the firm's total current assets were $2,387,427, its total liabilities were $1,160,200 and that its excess net capital was $227,227.

As I have been saying for months, firms that are barely meeting their capital requirement need to be closely scrutinized. One World was just barely hovering over the $1 million minimum capital requirement. In such examples the odds of a firm fudging their numbers dramatically increase .

Beginning on or about November 2, 2007, NFA began receiving complaints from One World forex customers who told NFA that they were experiencing difficulty in withdrawing funds from their One World trading accounts. For example, one customer told NFA that he had e-mailed a withdrawal form to One World on October 21, 2007. One World did not confirm receipt of the form until October 29th, when it represented that the customer would receive the requested funds within 48 hours. The customer complained to NFA that the funds had still not been provided to him by November 4th. Another customer complained to NFA that he had recently requested a withdrawal from One World in late October but had not received his funds. Both customers subsequently represented to NFA on November 30, 2007 that they still had not received their requested withdrawals.

According to the bulletin boards reports of One World not honoring customer withdrawals had been happening well before November. Not sure why NFA took so long to act on these reports. In any case, the fact that One World isn't honoring these requests as per the NFA is pretty depressing. And it indicates either One World has the most incompetent operations staff on earth, or their finances are a complete shambles.

During November, NFA made inquiry with Walsh regarding complaints from customers who reported that they were having difficulty withdrawing funds from One World. Walsh told NFA that he was investigating anti-money laundering concerns with regard to one of the customers and he failed to make any response to NFA's inquiry about a second customer's problems.

John Walsh has got some cojones I'll say that much. NFA confronts him about failing to give customers their money back and he just blows them off? If the CEO of a firm is so brazen with regulators how do you think his firm is going to treat its own customers?

But now we get to the really good stuff. One of my main arguments on this thread has been that poorly capitalized firms do not have the proper infrastructure to properly run a forex broker dealer. As such these brokers cut corners and keep the worst books imaginable. This is precisely what happened at One World Forex.

NFA asked Walsh to provide it with information as to the amount of One World's liabilities to customers who traded on Metatrader. He responded that Metatrader was very unreliable because it double counted and included demo accounts so it was not accurate. At first Walsh said that he did not know the amount of customer balances on Metatrader, but he later told investigators that the Metatrader balance was probably hundreds of thousands of dollars. He added that he did not know for sure and could not stand by that number. He told NFA that he would wait until the margin equity report was finished before giving NFA any numbers. NFA requested Walsh to provide the margin equity report from Metatrader and Walsh represented that it would take an hour to obtain.

However, after an hour had passed, Walsh told NFA that he had been interrupted and that it would take another couple of hours for him to get the margin equity report. To date, neither Walsh nor anyone else acting on behalf of One World have provided the required margin equity report to NFA despite several requests for the information.

WOW. NFA asks for a simple report on customer liabilities and Walsh can't produce it. Or more likely, WON'T produce it. What is Walsh covering up? My hunch is that his customer liabilities far exceed what he has in cash on hand. That could be the reason he hasn't turned over the requested bank statements NFA has been asking for as well. And what's the deal with Metatrader's "double counting" data? He honestly can't separate demo accounts from live accounts? I don't know much about Metatrader. But either it is the most rinky dink trading platform on the market or John Walsh is once again trying to slip the NFA a micky. In any case let's skip ahead to November 29th where we learn another juicy tidbit.

Investigators were unable to gain entry to the firm's office at first and called Walsh in that regard. He told NFA that the Metatrader platform had crashed overnight and that he was working at home and dealing with a number of customer calls. When Walsh arrived later that day, NFA investigators requested him to provide support for the November activity in One World's Bank of America accounts and Walsh responded that he did not have online access to all of One World's accounts.

There goes that rickety old Metatrader software again! How convenient that it "crashes" just when the NFA wants to look at the company's positions and net exposure. And I love how Walsh is now working from home to answer customer calls! He really is the last man standing at that firm. I wonder if Walsh is offering 24 hour support from his bed. I can picture him now, sitting there in his Homer Simpson tighty whities with one hand buried in a bag of doritos and another clinging to a cordless phone as Oliver Stone's "Wall Street" plays in the background...

Walsh: "thank you for calling One World Forex, John Walsh speaking, how can I help you?"
Customer: "ya the platform won't open, I'd like to go long two lots of USD/JPY."
Walsh: "oh i'm sorry, you're breaking up, [insert fake static sound]", click...

(next call)

Walsh: "thank you for calling One World Forex, John Walsh speaking, how can I help you?"
Customer: "I requested a withdrawal 7 weeks ago and I still haven't gotten my money! I want to speak to a manager!"
Walsh: "I'm sorry we have discovered that you were involved in money laundering. As a result we have had to confiscate your money. But don't worry. Jasmine Hotpants in Vegas put that money to good use." click...

And so on. But hey, I'm impressed he can even be bothered to pick up the phone to talk to customers after this "server crash."

The rest of the affidavit from the NFA auditor is full of evasions as Walsh and his cronies dodge and weave and do everything possible to prevent the NFA from finding out exactly how much money One World has in their bank accounts and what their customer liabilities are. It really is an amazing farce and frankly quite comical, but for the fact that many of One World's clients could be in serious financial jeopardy if it turns out that One World is in fact on the verge of bankruptcy.

The farce ends with the NFA's auditor standing outside One World's locked office last Friday morning, trying in vain to contact someone to let them in. But no one was around. Everyone at One World has abandoned ship. Here's hoping the customers will be able to make it to the lifeboats before this wreck settles to the bottom of the ocean. And so to John Walsh I sing you the love theme from Titanic...

"Heeeeeeeeeere, faaaaaaaaar, whereeeeeever you are..."

[forex savior]

Yesterday the NFA took action against two more poorly capitalized broker dealers. Solid Gold and FXLQ. Solid Gold has been in the poor house a while but didn't FXLQ have a lot of capital? Nope. Turns out the $30 million + in excess net capital they claimed to have on deposit derived from a bond that in all likelihood never actually existed!

The feared meltdown of the poorly capitalized is happening right on schedule. I'll have more on these firms shortly. Also, the CFTC report is coming out this week. Stay tuned as a lot of stuff is happening right now in the U.S. forex retail market.

[forex savior]

Of all the scandals I have reported on to date this one is by far the most disturbing. The main reason is because FXLQ appears to have defrauded, not just the trading public, but more importantly U.S. regulators. And did it in such a bold manner as to send chills down the spines of anyone concerned about due diligence.

Yesterday the NFA took a member responsibility action against Forex Liquidity that prevents them from accepting any new customers, distributing customer funds without their approval, and requires that FXLQ provide NFA with a full accounting of their financials, which they have been unwilling to do as of this date:
BASIC Case Summary

Why has the NFA taken this action? Let's go right to the source, the NFA auditor's own affidavit:

In August 2007, during an examination by NFA, NFA noted that FXLQ's June 30,2007, 1-FR-FCM listed as current assets securities with a market value of $35 million. FXLQ represented that this amount was solely attributable to a bond issued by ABN-AMRO. FXLQ further represented that this bond was being held at Malory Investments, a registered broker-dealer.

Ah yes, FXLQ reported adjusted net capital of $36 million on their last CFTC report. These guys have been telling regulators all year they have plenty of capital.

FXLQ has represented to NFA that it obtained the ABN-AMRO bond from its president and principal, Robert Gray, who in turn obtained it from a company called Swiss Imperial Trust A.G. in exchange for contractual services.

I'm curious to know what contractual services Robert Gray provided that earned him a $35 million bond? A quick search on the Internet shows Swiss Imperial does simple accounting work (Swiss Imperial Trust Ag - Zug, Switzerland | Company Profile). So why would a forex dealer be billing an accountant $35 milllion? Isn't it supposed to work the other way around?

On November 28, 2007, NFA received documents from the Financial Industry Regulatory Authority (Finra) (formerly NASD) evidencing that the ABN-AMRO bond and cash, which FXLQ represented were being held at Malory, were actually being held in Switzerland by Swiss Imperial in an account in the name of Malory. NFA has obtained information indicating that the owner of Swiss Imperial is also a part owner and principal of Malory.

Hmmm. This is interesting. So the bond and cash are not sitting in a brokerage account for FXLQ. The bond and cash are actually sitting in Switzerland at Swiss Imperial in an account marked "Malory?" Now that sounds very fishy indeed.

As it appeared that the ABN-AMRO bond had never left the possession of Swiss Imperial, and that the information provided by FXLQ regarding where the bond and other firm assets were being held were not accurate, NFA informed FXLQ that it did not exercise sufficient control over the bond and the cash held by Swiss Imperial to qualify them as current assets. Accordingly, on November 29, 2007, NFA directed FXLQ to cause all firm assets being held at Swiss Imperial to be transferred to a regulated United States financial institution by 5:00p.m. on Friday, November 30th, and provide evidence of such transfer.

No worries, Mr. Gray can just request the funds be transferred back to the U.S. to FXLQ's domestic bank/brokerage account right? Right? RIGHT?!!!

The same day that NFA directed FXLQ to execute the transfer described above, FXLQ represented that it was unaware that the ABN-AMRO bond and firm cash were being held at Swiss Imperial, FXLQ, however, represented that it had been working on transferring the ABN-AMRO bond and firm cash to a United States bank for approximately a week. When NFA asked for the name of the bank to which the assets were being transferred, Gray was unable to recall the full name of the bank, but indicated it included the word "Commonwealth" in its name.

You have got to be kidding me. Let's see, Robert Gray is transferring nearly $48 million in cash and securities and he "doesn't recall" the name of the bank the money is going to?! How can he sit there and tell the NFA that with a straight face? He probably wasn't. I can picture him now scrunched up in the corner of his office, shivering and biting his nails like a man about to be water boarded trying to tell the NFA anything if they'll just go away and let him get back to reaming traders unfortunate enough to sign up with him:
Forums - Any Recommendation for MT4 based Fx Broker

On December 1, 2007, FXLQ sent e-mails to NFA in which it represented that the transfer had been effected from Swiss Imperial to "Commonwealth." FXLQ represented that the transfer only included cash, thereby suggesting that the ABN-AMRO bond had been liquidated.

On December 3rd, FXLQ represented to NFA that the transfer had been made to Commonwealth Financial Network, a registered broker-dealer, and provided NFA with an account number and CFN's web site address.

On December 4, 2007, NFA spoke with CFN and the firm represented that it did not have an account for FXLQ and that the account number that FXLQ provided to NFA was fictitious.

Is Robert Gray a complete idiot? Why the hell would you lie to the NFA and give them a fake account number KNOWING NFA is going to check to see if this account actually exists?

On December 4, 2007, FXLQ's General Counsel forwarded to NFA a letter from a firm identifying itself as "Commonwealth Financial P.M.S", which indicated that FXLQ c/o Robert Gray has funds in the amount of $47,800,000 on deposit in an account at Commonwealth Financial P.M.S. This letter contained CFN's website address. NFA subsequently spoke with CFN's chief compliance officer who indicated that Commonwealth Financial P.M.S. is not in any way affiliated with CFN. NFA staff then informed FXLQ's General Counsel that CFN has represented to NFA that it does not have an account for FXLQ, the account number provided to NFA was fictitious, and Commonwealth Financial P.M.S. is not in any way affiliated with CFN.

The Commonwealth Financial P.M.S. letter was purportedly signed by an individual named Tom Smith. NFA spoke with Tom Smith on December 4, 2007, who confirmed the contents of the letter and stated that Commonwealth Financial P.M.S. was a registered broker-dealer and provided NFA with the firm's purported CRD number. NFA then contacted FINRA and learned that the CRD number provided by Tom Smith was that of a former broker dealer that has not been registered since 1991. FINRA also confirmed that Commonwealth Financial P.M.S. is not currently a registered broker.

Why didn't Rob Gray just get on an airplane and fly out of the country? Why go through this farcical con job in light of the fact that a two year old could see through this BS? But no, Gray continues to spin like Larry Craig after getting caught with his pants down in a Minneapolis washroom.

On December 3rd, FXLQ also provided NFA with net capital computations that purported to show that, as of November 30, 2007, FXLQ is in capital compliance. One computation purported to show the assets that FXLQ claims are at "Commonwealth." A second computation purported to show that even if the assets that FXLQ claims are at "Commonwealth" are non-current assets the firm would be in capital compliance.

"non-current assets." How about "never-were assets." It looks like FXLQ created this bond out of thin air to fatten up their balance sheet. What's the matter FXLQ? Are you ashamed to be a poorly capitalized firm?

FXLQ's October 31, 2007, Form 1-FR-FCM included a liability of accounts payable and accrued expenses of approximately $10 million, which was not included, however, in either of FXLQ's November 30th net capital calculations. On December 3, 2007, NFA requested that FXLQ provide evidence that the accounts payable and accrued expenses listed on its October 31, 2007, 1-FR-FCM had been paid.

Both of FXLQ's November 30th calculations also indicated that over $11.2 million of FXLQ's assets are being held at Malory. FINRA has advised NFA, however, that is has been unable to confirm that Malory's bank accounts have anything approaching this amount.

It's one thing to fib about your company assets. But are they doing this to cover up huge company losses which has left them $10 million in the hole? That of course is the nightmare scenario and could explain why Gray has been desperately trying to throw the NFA off his tracks.

On December 4, 2007, NFA directed FXLQ to transfer funds that it claims are at Malory to the firm's bank account at US Bank. Further, NFA again directed FXLQ to provide evidence that the accounts payable and accrued expenses listed on its October 31, 2007. NFA gave FXLQ until 3:00pm to comply with these directives and FXLQ failed to comply.

This case is pretty serious. And I wouldn't be surprised if the feds break down the door of FXLQ and raid the place. If this bond is fictitious that is the kind of fraud that gets you thrown in the slammer for a number of years. This isn't just a matter of having shoddy book keeping as we have seen with firms such as One World Capital or Concorde Financial. This sounds like gross fraud and if FXLQ is indeed in the hole to tune of $10 million a lot of people are gonna get hurt. It's time to come clean Mr. Gray. What the hell is going on at Forex Liquidity?

[forex savior]

NFA is on the war path right now. This is the THIRD poorly capitalized firm they have closed this week. If you are a customer of Hamilton Williams or Velocity4x or whatever the hell they call themselves get your money out now. And for the Love of God stay away from poorly capitalized firms! They are dropping like ten pins.

BASIC Case Summary

COMPLAINT:
On May 18, 2007, NFA issued a Complaint charging Hamilton with use of deficient promotional material by non-Member solicitors. The Complaint also charged Hamilton with failing to maintain adequate books and records necessary and appropriate to conduct its business. Finally, the Complaint charged Hamilton with failing to take applicable concentration charges; failing to maintain adequate adjusted net capital; and failing to collect the required minimum security deposit.

ANSWER:
On July 5, 2007, Hamilton filed an Answer to the Complaint in which it denied the material allegations contained therein.

DECISION:
On December 5, 2007, Hamilton was ordered to pay a $90,000 fine. Hamilton was also ordered to cease to accept accounts or receive compensation, directly or indirectly, for forex transactions that are introduced by any person unless that person: (1) is an NFA Member, Associate of NFA, or pending approval as an NFA Member or Associate and is not subject to a Notice of Intent to Deny or Revoke registration; (2) is a member or associated with a member, of a national securities association registered under Section 15A(b) of the Securities Exchange Act of 1934 and is operating pursuant to such membership or association; or (3) would be exempt from CFTC registration if such person were acting in the same capacity in connection with exchange-traded futures products.

[forex savior]

NFA is on the war path right now. This is the fifth poorly capitalized firm they have disciplined this week. If you are a customer of Hamilton Williams or Velocity4x or whatever the hell they call themselves get your money out now. And for the Love of God stay away from poorly capitalized firms! They are dropping like ten pins.

BASIC Case Summary

COMPLAINT:
On May 18, 2007, NFA issued a Complaint charging Hamilton with use of deficient promotional material by non-Member solicitors. The Complaint also charged Hamilton with failing to maintain adequate books and records necessary and appropriate to conduct its business. Finally, the Complaint charged Hamilton with failing to take applicable concentration charges; failing to maintain adequate adjusted net capital; and failing to collect the required minimum security deposit.

ANSWER:
On July 5, 2007, Hamilton filed an Answer to the Complaint in which it denied the material allegations contained therein.

DECISION:
On December 5, 2007, Hamilton was ordered to pay a $90,000 fine. Hamilton was also ordered to cease to accept accounts or receive compensation, directly or indirectly, for forex transactions that are introduced by any person unless that person: (1) is an NFA Member, Associate of NFA, or pending approval as an NFA Member or Associate and is not subject to a Notice of Intent to Deny or Revoke registration; (2) is a member or associated with a member, of a national securities association registered under Section 15A(b) of the Securities Exchange Act of 1934 and is operating pursuant to such membership or association; or (3) would be exempt from CFTC registration if such person were acting in the same capacity in connection with exchange-traded futures products.

[forex savior]

The NFA is as busy as the Post Office on Tax Day. I haven't even had a chance to chew over the closing of FXLQ or One World Capital yet due to the continuing complaints and emergency actions the NFA is cranking out this week. Nor have I gotten a chance to talk about the Solid Gold or Velocity4x complaints. That's because the Savior must prioritize. And the latest priority is a forex firm that went by the name of Tradeco which just got banned for life by the NFA. BASIC Case Summary

Frankly I had never even heard of this company before the NFA banned them yesterday. But I have heard of their former principal, Mr. Ryan Nettles. It seems like Nettles has been involved in every forex boondoggle of the last decade. There is the Tradex debacle and the Finex Fiasco. And there was a dodgy outfit per Forex Bastards by the name of Futures and Options of Texas that went out of business in 2001: TradeX Swiss AG Reviews | TradeX Swiss Ag Ratings | Tradexfx.com reviews and ratings

In short, Mr. Nettles gets around. Between 1997 and 2004 Nettles was registered with six different futures firms with the NFA: BASIC Details

Today most of those firms are out of business. But it wasn't until 2004 that Nettles really seemed to hit his stride.

For it was in 2004 that Nettles applied to be a principal with the Tradex Group. Ah yes, Tradex. The very name of this firm makes the bile rise in one's throat. The Tradex Group was banned in 2006 by the NFA and earlier this year the mutated offspring of the Tradex Group, Tradex Swiss AG, was shut down in Switzerland and then thrown into bankruptcy leaving legions of traders stranded in purgatory.
BASIC Case Summary

The implosion of the Tradex Group in 2006 was the source of a humorous article in Euromoney in which Craig Karlis of Tradex Swiss AG infamy and Ryan Nettles were at each other's throats like a couple of pitbulls from Michael Vick's Badnewz kennels. While the article is firewalled here are some choice quotes that indicate Nettles won't be able to get a good reference from his old employer anytime soon.
(FX trading: Let the mud slinging begin / / Euromoney magazine)

Karlis is quoted as saying, "Mr Nettles, while employed by Tradex Group, took it upon himself to start a CTA. he did this without Tradex knowledge. When that happened he put Tradex Group in control of the NFA... He had all his commissions sent to an account in the Bahamas. He Also had a dealing desk that offset all positions... After an audit all this information was revealed."

Nettles countered that, "I was just an employee. They told me to do this." Of course, he was just following orders. Where have I heard that before? In the end Nettles stated that, "He's pissed off at me for some reason. I also took my customers away from Tradex. That's why he's all pissed off at me." Ya think?

Question is where did he go to after his falling out with Karlis? Well Nettles isn't one to head over to the unemployment office and go on the dole. No Nettles quickly jumped ship and joined the doomed ocean liner: Tradeco Clearing Group LLC. Tradeco was actually the 100th firm to use Metatrader per a press release from the company. But after two months though Nettles hit the road and left Tradeco, he was after all born a rambling man.

But that didn't stop the NFA from issuing a complaint against nettles a year later. Indeed, it is a very strange case. Tradeco officially withdrew their membership from the NFA in August of 2007, one month before the NFA filed a complaint against them for fraud and failing to meet their capital requirement.

Furthermore, I can find no record of Tradeco on the CFTC capital reports at all for 2007. In fact, their last CFTC report was filed in August of 2006 when they reported that they were $750,000 below the minimum capital requirement. That's right, only a few months after they got their license they were not only violating their capital requirement, but failing to file any financial reports and still allowed to stay in business. That's an impressive accomplishment.

So what finally set the NFA off? It looks like they discovered all this during a 2007 audit of the firm. They must have done it right before Tradeco closed their doors. The examination is good for a laugh however. Highlights to come in Part II.

[forex savior]

We pick up the story in the summer of 2007. Tradeco is still technically in business although Nettles has long since cut his official ties to the firm. Here are the highlights of the NFA's complaint:

The website claimed that Tradeco's trading platform permitted customers to trade "from real time streaming quotes" with "greater ease in executing trades" on a platform that "has a proven track record of reliability and stability."

Tradeco, however, had not had a trading platform on which customers could trade since at least July 2006.

Two words: BUCKET SHOP

Tradeco's website further claimed that its platform provided "trading technology [that] is the result of over 5 years of development and today supports billion in monthly trade volume." The website also declared that "clients and partners from over 110 countries currently rely on our proven technology, execution, clearing services and administrative tools."

In addition to not having a trading platform, Tradeco only had approximately twenty customers from five different countries, none of which had actually traded through Tradeco.

Bwahahahaha! Let that be a lesson to everyone. Just because someone throws up a website and makes grandiose statements doesn't mean they're legit.

Through its website, Tradeco also claimed to be insured with "a fidelity 14 bond, which protects against loss resulting from fraudulent acts committed by an employee acting alone or in collusion with others."

When NFA inquired about the fidelity 14 bond, Tradeco was unable to provide any evidence that it had such a bond.

Ah yes, the old "Fidelity 14 bond." I have seen firms toss this old lemon around in the forex industry to try and ease the concerns of customers worried about the safety of their funds. Whenever you see this old dog dragged out of the kennel that should sound the alarm bell in your head to put your money elsewhere as few serious brokers try to pawn that off on their customers.

Later in the complaint the NFA calls out Tradeco for not only failing to meet their capital requirements but for failing to even keep a general ledger. Guess that's why we never saw any reports on the CFTC website this year...

So who is to blame for this mess? The NFA tried to pin the blame on Nettles since he was "The director of operations for Tradeco and the firm's AML compliance officer. Accordingly, Nettles had supervisory responsibilities with regard to Tradeco's activities."

But Nettles strongly disagreed and in his response to the NFA's charges basically denied everything and said he had nothing to do with it. The NFA has not rendered a decision on his culpability, but they did find Tradeco guilty on all counts. Only problem is Tradeco no longer exists. No one ever replied to the NFA complaint which is probably still sitting in some over stuffed mailbox with all of Tradeco's other bills, flyers and court summonses. Talk about beating a dead horse...

So where is the running man today? Well last anyone heard he was involved in the "Finex Group." Traders at Forex Factory put the word out on Finex earlier in the year (Swiss Law and Dukascopy.com/Finex.com - Page 2) and sure enough a few months later Swiss authorities swooped in to freeze all of Finex's accounts (Finex - Beware). In a rather droll email Finex agents told their customers:

Finex Group GmbH is currently under audit of the Swiss Federal Banking Commission. The reason for this audit is to determine if Finex Group GmbH is required to have a bank license to offer forex trading in Switzerland . So at this time, please do NOT send any funds until we get the results of the SFBC. Regarding withdraws requests, we are told by the lawyers appointed by the SFBC that we can’t process them until conclusion of this audit and we don’t have a timeframe when this will happen as of today. We are in process of setting up another Finex Group company in another country that will take over the Finex’ FX business in Switzerland incase their final decision is that Finex Group is required to have a bank license to operate forex in Switzerland which at this time seems to be what that conclusion will be. There is no reason to be alarmed and we will either continue in Switzerland or move to another country.

No reason to be alarmed?! With Ryan Nettles on the scene traders should have EVERY REASON TO BE ALARMED. Of course they can always, "move to another country." And so the running man just keeps on running. Run Ryan! Ruuuuuuuuuuuuuuuuuuuuun!

[forex savior]

Today the CFTC issued their final report on Net Capital before the new $5 million capital requirement rule goes into effect.
Financial Data for FCMs

While this report details balances as of only October 31, it is the last piece of independent data the public can use before the bell tolls in a few weeks. And don't think these firms don't know that. Furthermore, in light of the FXLQ scandal, the numbers you see here are more likely to be overestimates of how much capital these firms have so be sure to factor that into the equation.

At this point in time any firm that still isn't reporting capital of over $5 million should be avoided by the trading public at all costs. The risk is too large and as One World Capital has shown it just isn't worth it. The following 10 firms should be avoided at this point in time as they are at high risk for going out of business. If you have money with them, take it out, NOW.

1) SNC Investments: $1,152,000
They are well below the $5 million capital requirement. It is highly unlikely they will make the new requirement at this point. I advise customers to leave this firm and look for greener pastures.

2) Wall Street Derivatives: $1,228,000
This firm is based out of New Zealand and I'm not even sure they have any U.S. customers as their U.S. website is out of service.

3) Advanced Markets: $1,322,000
Amifx is already teetering on the brink as they are the subject of a business conduct committee case before the NFA in which they are cited for a whole host of financial violations including not meeting the old capital requirement. This firm does not have much of a future.

4) Hamilton Williams (VelocityFX): $1,345,000
This firm is a train wreck. They just got fined $90,000 by the NFA for not meeting the old capital requirement. Then they lost their liquidity provider when FXLQ got shut down. Now they can't accept any customers from their unregistered introducing brokers. This firm is literally on life support. Do yourself a favor and stay the hell aware from them before the regulators pull the plug on them once and for all.

5) Solid Gold Financial: $2,040,000
Solid Gold's future is now in serious doubt. Like many of the other firms on this list they have been charged by the NFA with failing to meet their existing capital requirement. When you can't meet the old requirement it stands to reason you won't be able to meet the new one either. Solid Gold is anything but a solid investment at this point.

6) Bacera Corporation: $2,300,000
Like a turd that won't flush Bacera Corporation just refuses to go down the drain. The Savior wrote Bacera off over the summer as sources knowledgeable about them stated they were going to close up shop. But no, they are still hustling the folks in LA for fresh deposits. In September Bacera settled a complaint with the NFA after it was discovered they were undercapitalized to the tune of $1.2 million. NFA reported Bacera only has about 200 customers as it is. But to those 200, do yourself a favor and get yourself another broker because sooner or later the pipes are gonna get cleaned and these guys are going to get flushed once and for all.

7) GFS Futures & Forex: $2,353,000
This firm is in an especially tight fix. They offer 200:1 leverage which means they need to come up with $10 million. And as this number shows they are far, far away from that.

8) Forex Club: $3,320,000
They still have not hit the minimum $5 million mark. And don't forget since they are a market maker they have other financial requirements to meet as well. They still haven't publically done so.

9) Easy Forex: $3,789,000
Under siege for their sleazy sales tactics, it's hard to imagine the NFA isn't going to drop the hammer on them soon.

10) Money Garden: $5,035,000
While they have crept up over the $5 million mark MG is notorious for their 400:1 "flexi" accounts which will require MG put up a minimum $10 million in capital in addition to other financial requirements for being a market maker. They are not even close to doing this despite their CEO's insistence they could easily get the money last summer. It looks like this veteran of the industry is about to be forcibly retired.

And so this is where we stand as of Friday, December 7, 2007. The new $5 million capital requirement kicks in on Friday, December 21, 2007. Two weeks to go. Tick Tock. Tick Tock.

[MWil]

I'm a new trader looking at all brokers. One of the ones I was considering was MBTrading.

I looked at the cftc site, and they're only showing $3.2 million net capital. Should I be concerned seeing as they don't meet the $5 million criteria? However, I've heard MBTrading is a reputable broker... Just a little confused.

[kevinpeterson]

Originally Posted by MWil

I'm a new trader looking at all brokers. One of the ones I was considering was MBTrading.

I looked at the cftc site, and they're only showing $3.2 million net capital. Should I be concerned seeing as they don't meet the $5 million criteria? However, I've heard MBTrading is a reputable broker... Just a little confused.

Hi MWil,

I read on some other forums their response to the same question and they say they have some sort of agreement with another firm which has over $8million in net excess so they claim this is not an issue for them. I personally would still not trade with them as they charge commissions (I prefer just a spread) and they offer crummy leverage. Plus even if they have enough excess capital to get them out of this bind, the NFA has testified that they are looking to raise capital requirements to $20million eventually. Not sure these guys can manage that. I think it better to go with one of the larger brokers like Oanda or FXCM who have a much higher chance of being around next year. I hope this helps.