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  #181 (permalink)  
Old 12-19-2007, 05:50 PM
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Join Date: Jun 2007
Posts: 205
Default CFTC Raids FXLQ

Forex Liquidity is apparently in debt to its customers to the tune of $11.6 million. Here is the official CFTC Press Release:

Quote:
CFTC Sues Futures Commission Merchant Forex Liquidity LLC Alleging Undercapitalization in Excess of $11.6 Million

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) announced today that on December 13, 2007, it sued Forex Liquidity LLC (Forex Liquidity), a registered Futures Commission Merchant (FCM) in Santa Ana, California, charging it with being undercapitalized in excess of $11.6 million and also with failing to maintain required books and records.

On December 14, 2007, the CFTC won an asset freeze and other emergency relief that will enable the Commission to freeze the remaining assets of Forex Liquidity and safeguard the interests of its customers.

According to the CFTC complaint, as of November 30, 2007, and perhaps earlier, Forex Liquidity’s net capitalization was below the minimum required by the Commission. As a Forex Dealer Member of the National Futures Association (NFA) offering to be the counterparty to retail customer foreign currency transactions, Forex Liquidity is required to have a minimum adjusted net capital of $1 million; instead, according to the complaint, as of December 7, 2007, it had an adjusted net capital deficit of approximately $11.6 million.

Forex Liquidity is also alleged to have been unable to produce required financial documentation regarding its assets and liabilities. For example, according to the CFTC’s complaint, Forex Liquidity represented in reports and discussions with NFA that its assets at one time included a $35 million ABN-AMRO bond located in Switzerland. The complaint further alleges that Forex Liquidity represented to the NFA that the ABN-AMRO bond (or its proceeds) were transferred to a U.S. registered broker dealer, Commonwealth Financial Network (CFN); however, CFN does not have an account for Forex Liquidity and the account number that the defendant provided to NFA was fictitious.

Accordingly, the CFTC also charged Forex Liquidity with failure to maintain books and records of its business transactions, specifically, current ledgers that accurately reflect its assets and liabilities.

In the ongoing action in the U.S. District Court for the Central District of California, the CFTC seeks an order of permanent injunction against the defendant, monetary penalties, and other relief. The Honorable Cormac J. Carney, U.S. District Judge, issued the restraining order freezing the assets of Forex Liquidity and prohibiting the defendant from destroying documents or denying CFTC staff access to books and records.
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  #182 (permalink)  
Old 12-21-2007, 12:33 PM
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Join Date: Jun 2007
Posts: 205
Default Judgment Day

Today is the day when the $5 million minimum capital requirement rule takes effect. News out of Money Garden is that they are dropping their high leverage accounts in order to comply with the new rule. That means no more 400:1 leverage from MG, or 200:1 for that matter.

The following firms have still not publically indicated they have met the requirement. Beware these firms until further notice:

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.

Update: Just went to their website and there is no reference at all to being able to open an account with them. I suspect they are just going to be an introducing broker from now on.

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) AlpariFX $2,481,000
Little known European firm. Well under the cap requirement.

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.

Update: They published their Holiday Trading Schedule on their website. So they apparently don't plan on closing their doors. Do they have the money? Is the CFTC going to raid the place after the Holidays? We'll soon find out.

7) ODL Securities: $2,566,000
Ravaged by undercapitalization issues.

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.

So now what? Judging from the NFA's website it doesn't appear they will be moving in for the kill yet. In fact, it may not be until January that we find out who will survive and who will perish. So if you have any money at these at risk firms get it out now. And Merry Christmas everyone!
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  #183 (permalink)  
Old 12-27-2007, 02:04 PM
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Join Date: Dec 2007
Posts: 12
Default

Quote:
Originally Posted by juxtatrader View Post
I would check really hard into FXCM. If you are really concerned about your money then I would look at more then just their net cap at the moments.

For instance? FXCM is a very reputable firm IMO. I know more than a hand full of people who use them to clear through and are nothing but happy. They have followed nothing but full compliance at this time of new regulation, and will likely continue to remain a staple in the industry..
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  #184 (permalink)  
Old 12-29-2007, 10:42 PM
kagein's Avatar
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Join Date: Oct 2007
Location: London
Posts: 253
Default

You could open an account with FXCM UK as its regulated by the FSA and your funds would be secure should the firm go bust, i think thats the case with all UK forex brokers.
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  #185 (permalink)  
Old 01-02-2008, 01:21 PM
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Join Date: Jun 2007
Posts: 205
Default NFA Fines Solid Gold

NFA Fines Solid Gold

No word on whether Solid Gold has made the capital requirement however.

Quote:
NFA orders San Francisco firm to pay $35,000 fine

January 2, Chicago - National Futures Association (NFA) has ordered Solid Gold Financial Services Inc. (Solid Gold), a Futures Commission Merchant located in San Francisco, California, to pay a fine of $35,000. The Decision, issued by NFA's Business Conduct Committee, is based on a Complaint filed in November 2007 and a settlement offer submitted by Solid Gold.

The Committee found that Solid Gold used misleading advertisement and submitted false or misleading information to NFA. The Committee also found that Solid Gold failed to provide its customers with required disclosure regarding NFA's Background Affiliation Status Information Center (BASIC) and failed to obtain required information from its customers. Additionally, the Committee found that Solid Gold failed to take applicable concentration charges, failed to maintain the required adjusted net capital and failed to collect the required minimum security deposit.
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  #186 (permalink)  
Old 01-15-2008, 02:27 PM
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Join Date: Jun 2007
Posts: 205
Default Goodbye to YOU

A new year brings with it a new forex industry. Let's hope that the new year will be a lot better than the last. Last year the NFA had its hands full as over a dozen firms went under dragging thousands of investors to the bottom of the sea. The NFA has stated that there are now only 24 registered forex dealer members. It appears the following four firms were recently removed from this exclusive club of 24:

1) Hamilton Williams (Velocity4X)
2) Royal Forex
3) Solid Gold
4) SNC Investments

Quote:
NFA reports four forex firms have ceased operations in light of increased capital requirements

January 11, Chicago - National Futures Association (NFA) announced today that four of its Forex Dealer Members (FDMs) have ceased operations as a result of NFA's new $5 million capital requirement, which became effective on December 21. In addition, six additional FDMs have ceased operating since September 1, 2007.

"When NFA's Board of Directors adopted the increased capital requirement on August 15, 2007, NFA had 34 registered FDMs," said Regina Thoele, vice-president of Compliance. "As of December 31, 2007, that number has decreased to 24."

The four firms that were unable to meet the new capital requirement and ceased operating transferred their customer accounts to other FDMs.

"We closely monitored each of the firms to ensure that customer funds were transferred to another, fully-capitalized firm," says Thoele.
But I wouldn't be surprised if the NFA took some further dramatic actions in the next few weeks as firms like Advanced Markets are still way below the capital requirement as of the last CFTC financial report:

Financial Data for FCMs

Developing...
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  #187 (permalink)  
Old 01-18-2008, 10:20 PM
jimbospeed's Avatar
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Join Date: Jan 2008
Location: On the Water
Posts: 95
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Great Posts F/S I can sit and read this stuff endlessly.... What tangled webs we weave....
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  #188 (permalink)  
Old 01-21-2008, 06:03 PM
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Join Date: Jun 2007
Posts: 205
Default Here We Go Again

Well it appears the NFA is not done with its capital increase crusade. They are pushing hard in the Congress to increase the minimum capital requirement to $20 million and it appears they have succeeded. The Congress has passed legislation to do just that:

Forex Street Weblog: New bill means though times for retail FDM's

When such a new rule would become law is unclear. But it looks like we'll have to go through this whole capital requirement ordeal again...
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  #189 (permalink)  
Old 01-23-2008, 12:45 PM
jimbospeed's Avatar
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Join Date: Jan 2008
Location: On the Water
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Default

[/quote]When such a new rule would become law is unclear. But it looks like we'll have to go through this whole capital requirement ordeal again[quote]

But all in all this is a good thing eh?? I mena it looks like the liddle fly by nights will have to buzz away (too bad so sad)....

I have accounts with schwab and they are connected with MB Global so I went ahead and started tofund a small account with them since schwab at least has some capital....anyone had any experience with them?????

thanks

J.
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  #190 (permalink)  
Old 01-23-2008, 02:40 PM
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Join Date: Jun 2007
Posts: 205
Default Who Has What

With Congress set to increase capital requirements to $20 million and with the NFA having previously narrowed down the list of U.S. Brokers to 24 I thought it helpful to post the numbers for the remaining brokers in business so everyone knows where the industry is at in the here and now:

According to the latest CFTC Report:
Financial Data for FCMs

Advanced Markets $1.3 million
Alpari $6.4 million
Bacera $3.1 million
CMC $2.7 million
CMS $11.4 million
Easy Forex $7 million
Forex Club $4.8 million
Friedberg Mercantile $7.9 million
FX Solutions $26.9 million
FXCM $75 million
Gain Capital $50 million
GFS Futures & Forex $3.6 million
GFT $57 million
Hotspot $6.1 million
I Trade FX $23.8 million
IFX $17.1 million
Ikon $9.1 million
Interbank FX $30 million
MB Trading $6.6 million
Money Garden $5.3 million
Oanda $159 million
ODL $13 million
PFG $12.8 million
RJ O'Brien $91 million
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