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

[/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.

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

I agree with “Forex Savior” on the importance of a well capitilized firm.

And I beleive NFA will increase net cap further to make sure that only well capitilized firms act as counterparties to Forex trades.

however Many investors thought that FXLQ was well capitalized and now they are having trouble withdrawing their funds… This is an example of how investors need to look at more then just the CFTC financial data when making a decision on which broker to choose.

Trading Forex OTC with any FCM, well capitalized or not involves counterparty credit risk which means that if the FCM goes bankrupt you will not likley recieve you money back. This is true when trading OTC with any FCM in any instrument that is not backed by an exchange.

Obviously on that basis, you want to make sure you firms is well capitalzed if you are trading Off exchange (OTC).

However, In addition to looking at CFTC select data on FCM’s excess net capital, I believe it is also very important to look at the reputational and background risk of each firm (i.e. company history, principals background and contributions to the industry, technology advantages, policies, scalabilty issuse, Backup & disaster recovery procedures, regulatory actions, arbitration cases, and fines and /or charges that resulted in penalties from the NFA, etc…) and also to ask your broker how it manages its counter party risk especially within the recent volatile market conditions.

FXguy

however Many investors thought that FXLQ was well capitalized and now they are having trouble withdrawing their funds…

How much did it have?
How much is good?

Advanced Markets just got nailed for shoddy book keeping. Here is the the NFA’s official statement:

NFA fines Charlotte forex firm, Advanced Markets, Inc., and its principals $150,000

January 30, Chicago - National Futures Association (NFA) has ordered Advanced Markets, Inc. (AMI) and its principals, Anthony P. Brocco and Geoffrey Gooch, to jointly pay a fine of $150,000. AMI is a Futures Commission Merchant and a Forex Dealer Member located in Charlotte, North Carolina. The Decision, issued by an NFA Hearing Panel, is based on a Complaint filed in June 2007 and a settlement offer submitted by AMI, Brocco and Gooch.

The Panel found that Brocco and Gooch failed to diligently supervise the firm’s financial and recordkeeping activities and the promotional materials used by AMI’s unregistered solicitors.

2007 was a year of change in the forex industry, most of it for the better as some of the seediest firms in the industry were shown the door thanks to the NFA�s capital requirement increase. But 2008 appears to be an even more momentous year of change for the U.S. forex industry. And those changes may not necessarily be for the better.

The Savior has long been an advocate of healthy capitalization in the industry. But the recent legislation set to pass in the Congress should be a cause for serious concern for all forex traders. The last few weeks I have received numerous emails and done some research through helpful links provided on the bulletin boards and have come to the realization that this legislation is not good for the trading public.

Wha? I know, I know. The Savior has been preaching the virtues of high capitalization so in theory he should support increasing capitalization to $20 million right? And in fact at first I was sympathetic to this proposal. But the bottom line is the Savior is also a trader. And as a trader I am worried that by restricting this industry to just a handful of the larger players (FXCM, GFT, Gain, Oanda) that speads will once again widen. Take FXCM for example. Their spreads have been tightening for the past year in response to the increased competition taking place in the marketplace. But what happens if that competition gets eliminated altogether? How does this affect the average trader?

The $5 million rule needed to be put into place. There were too many tiny bucketshops doing serious damage to traders. Even now I still have my suspicions about tiny little outfits like AMIFX who are barely treading water even after the $5 million requirement.

Nevertheless, with the House already passing a law to require that all firms have a minimum $20 million on hand (and who knows what other capital requirements will be imposed upon the industry) the barrier to entry is getting sky high and few firms are going to be able to make the cut. My understanding is that the Senate has not approved the House�s language. So there may still be a chance to stop this law from passing.

Also it appears that introducing brokers are going to be wiped out entirely. There are a bunch of registration requirements that may very well strangle most introducing brokers and put them out of business.

I don�t think people realize just how perilous the situation is. This could all become law in a month�s time. Traders, brokers and medium sized dealers should call their Congressman right away. It seems Congress is only hearing from the regulators, not the general public. As a trader I want a healthy industry with stable, well capitalized firms. But I also want good service and tight spreads. Having only 6 firms in the industry is not going to guarantee either.

Hey Savior,

You know how it is… it’s nothing new. I’ve been in the business for the past 13 years and regulation is the name of the game. What happened to Refco was a big fiasco and they’re just trying to prevent that from happening.

In regards to IB’s, they won’t be wiped out. Simply more registration will be required similar to what you need to do in the Futures business. You will need to get licensed and setup a CTA and get audited yearly, etc, etc.

Let’s see what happens.

Take care.

I think I realize quite well thank you very much… 20 Million is chump change for any company with even the most modest bit of substance. IMO, this is great news for the average trader who doesn’t want grifters and glad handers out there running shoddy Rip’em good bucket shops with no recourse (or very little)…

Bout times I sayzz…

:cool:

booyah jiim! :smiley:

In response to the savior - I too was worried about spreads increasing if there are a few major players.

But what if there’s an ECN with over $20 mil, what’s the harm with that? That broker is passing along rates as close to real market conditions as possible. Isn’t that what we all want? Especially if there’s a few major players in the industry with unattractive spreads, then that should provide for a huge ECN opportunity. Now if those ECN’s start increasing their commissions and the major players increase their spreads…well I guess, we as traders, will need to think up new trading strategies to try to even out the playing field.

I know FOREX is unregulated, and if the above scenario does play out, is there any regulatory body that can force these firms to give us traders a fair shot and make sure broker’s aren’t bumping up spreads to pad their pockets? I mean the brokers still have the same agreements with large banks, so a $20 mil rule, surely does not alter the rates broker’s receive from banks.

In fact, I would think the $20 mil rule would cause the few big brokers to receive better rates on their currencies and should be passed on along to us, right? Here’s what I’m saying - if $20 mil rule shuts out the small players. All the traders with those companies go to the big guys. Big guys then need to accomodate the new traders so they open new larger lines of credit with their banks. Larger lines of credit should mean tighter spreads right?

I believe firms will not suddenly increase rates and spreads. Whomever decides to try that will get nailed and traders will simply transfer their accounts to another firm who will keep their spreads as is or better. It’s common business sense.

In regards to “unregulated,” the forex market is regulated AND will become more regulated. In my opinion, it will all work itself out for the better.

The futures market went through this exact transition and now commissions for futures are as low as they have ever been. There will always be “bad apples” out there in any market. You still see them in the equity markets, bond markets, futures, etc… you see them in any industry. Just try to stick with the “cream of the crop.”

Keep trading and let’s make some money :smiley:

Should the Congress pass legislation requiring all firms have a minimum net capital requirement of $20 million the following firms will be in danger in the United States:

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
GFS Futures & Forex $3.6 million
Hotspot $6.1 million
IFX $17.1 million
Ikon $9.1 million
MB Trading $6.6 million
Money Garden $5.3 million
ODL $13 million
PFG $12.8 million

Now, many of these firms have additional capital they can infuse into their firms (particularly foreign firms like IFX and CMC as well as domestic ones like Hotspot.) But many do not. The customers of these firms should take notice, and if you want to keep trading with these firms, take action.

IFX will be fine! Thats if this is passed! Also, a big business transaction happened with them to make them even more powefull.

Thats good news. $5 million is nothing. You shouldn’t be trading with a flimsy firm in the first place. That’s my opinion.

Thumbs up to the NFA/CFTC.

The CFTC has finally released the December 2007 net capital numbers. This is our first look at the forex industry after the increase in capital requirements to $5 million in the United States.

I’m amazed that firms like Advanced Markets and Bacera made the cut, although judging from their paltry capital numbers they are barely treading water. In light of the One World and FXLQ fiascos I would view those cap numbers with extreme skepticism. These are not safe firms in my opinion.

An interesting piece of data as well is the number InterbankFX is now reporting. Their cap number has dropped dramatically from $30 million to $19.2 million in one month. Often times cap increases and decreases can be written off as being part of the forex business cycle. But the fact is over that same period of time the FXLQ scandal ruptured and it turns out Interbank had some $10 million stashed away at FXLQ. Something to keep an eye on here people. http://www.robbevans.com/pdf/forexlqreport01.pdf

Here is the full run down of net capital per firm. Remember the Congress is close to passing a law which would require firms to have a minimum of $20 million to stay in business. Should it pass the industry may only have about a dozen firms left.

The Big Six (Above $20 Million)

  1. Oanda $156 million
  2. RJ O’Brien $92 million
  3. FXCM $75 million
  4. GFT $69 million
  5. Gain Capital $50 million
  6. I Trade FX $34 million

Below $20 Million
7. PFG $19.7 million
8. Interbank FX $19.2 million
9. FX Solutions $17.9 million
10. IFX $15.5 million
11. CMS $13.8 million
12. GFS Futures & Forex $10.2 million
13. CMC $8.7 million
14. Alpari $8 million
15. Ikon $7.9 million
16. Easy Forex $7.6 million
17. Friedberg Mercantile $7.5 million
18. Forex Club $7.4 million
19. MB Trading $7 million
20. ODL $6.9 million
21. Hotspot $6.1 million
22. Money Garden $6 million
23. Bacera $5.4 million
24. Advanced Markets $5.2 million

Been doing well trading recently so I haven’t had much time to post (gotta love volatility!)

In any case the shysters are busy as ever out there so beware. Forex Fraud is happening all over the world. The trading public really needs to be careful about who they trade with. Again, I recommend sticking with firms that are regulated, have good track records and have a healthy capital number. Above all I STRONGLY recommend that you not trade with a firm that is unregulated.

All the crooks busted below were unregulated rogues (especially Zimbabwe’s dictator Robert Mugabe. lol.) As a guide it should be noted the following firms are not regulated and as a customer you have no rights in a dispute or if the firm gets into trouble and goes bankrupt:

Unregulated Brokers
Finex
Tradex Swiss AG
ACM
WestCapFX
MIG
DukasCopy
GFX Group (Forex.CH)
Crown Forex
GCI
Northfinance
FXDD

NYC Man Sentenced in Forex Scam
NYC Man Sentenced in Forex Scam - AP - National Business News - Portfolio.com
Feb 15 2008 3:13PM EST

A New York man was sentenced to more than 12 years in prison Friday in connection with a foreign currency exchange scam that bilked more than 200 investors out of $6.5 million.

The U.S. Attorney’s office in Manhattan said Boris Shuster, also known as “Robert Shuster,” was sentenced to 150 months in prison at a hearing in U…S. District Court in Manhattan.

U.S. District Judge Victor Marrero also ordered Shuster to forfeit $7.89 million and pay a $10,000 fine.

Shuster,guiltyleaded guilty to conspiracy, 14 counts of wire fraud and 13 counts of mail fraud last June. Prosecutors had sought a sentence of 235 months to 293 months in prison, said Sarita Kedia, Shuster’s lawyer.

“We do plan to appeal,” Kedia said.

Shuster was previously sentenced to 60 months in prison after pleading guilty to criminal charges in a separate forex scam in federal court in Brooklyn. He had remained free pending his sentencing in federal court in Manhattan, Kedia said.

In the Manhattan case, prosecutors had alleged that Shuster and Alexander Dzedets operated a fraudulent forex firm named Holston, Young, Parker & Associates in Manhattan. Dzedets, 32, and nine others have pleaded guilty to criminal charges in the “boiler room” scheme, prosecutors said.

Employees of the firm allegedly used false and misleading sales pitches and high-pressure sales tactics to convince people to invest in its purported forex trading program, the government said.

Funds raised weren’t used to invest in the forex market, but were instead diverted to bank accounts in Cyprus and Russia, prosecutors said.

NAB arrests forex fraud accused - DAWN NAB arrests forex fraud accused - DAWN � Aaj TV News | Aaj News | Aaj TV | Aaj

The Punjab chapter of the National Accountability Bureau has arrested Kashif Iqbal, business partner of M/s SKAF International, Lahore, on charges of fraud, misappropriation and cheating public.
According to a NAB press release, M/s SKAF International was involved in illegal forex business in 2003. Kashif along with three business partners fraudulently induced public at large to invest their money on false promises of profit up to four per cent to five per cent per month. They cheated 68 people, obtained deposits from them and misappropriated an amount of Rs29.308 million.

A reference against the accused had already been filed with the accountability court in 2007. After arrest, Kashif was produced in the accountability court and sent to judicial lockup.

Forex Scam Haunts MugabeForex scam haunts Mugabe : Mail & Guardian Online

President Robert Mugabe�s fight against corruption is closing in on his closest confidants. The 82-year-old leader is in a quandary and is unwilling to pass a routine political directive for the arrest and prosecution of Zanu-PF officials allegedly involved in illegal foreign currency dealings.

Police insiders have said that no arrest or prosecution of a Cabinet minister or member of Zanu-PF�s Politburo takes place without Mugabe�s sanction. It is a political formality that the police and Attorney General adhere to, but Mugabe�s selective approach has irked some of his colleagues in Cabinet.

The police�s criminal investigations department investigated Mugabe�s close ally, retired General Solomon Mujuru, husband of Vice-President Joice Mujuru, for flouting exchange control regulations and running Mafia-type shelf companies.

These companies would buy and trade foreign currency on the black market with individuals and companies in which the government has an interest. Mujuru then made weekly transfers involving billions of Zim dollars (see �The docket�).

Just wondering if there has been any news on the possibility of the 20 million dollar law passing? My broker is below the level.:frowning:

And with the Congress set to raise minimum capital requirements for forex dealers to $20 million these numbers are once again taking on greater significance.

Above $20 Million
Oanda $157 Million
RJ O’Brien $91 million
FXCM $82 million
GFT Forex $76 million
Gain Capital $50 million
I Trade FX $33 million
Interbank FX $23 million

Below $20 Million
PFG $18.6 million
FX Solutions $17.3 million
CMS $13.3 million
ODL $11.9 million
GFS Forex $10.4
IFX $9.3 million
CMC $8.7 million
Alpari $8 million
Ikon $7.9 million
Easy Forex $7.7 million
Hotspot $7.7 million
MB Trading $7.6 million
Friedberg Mercantile $7.5 million
Forex Club $7.4 million
Money Garden $6.3 million
Bacera $5.3 million
Advanced Markets $5.2 million

Financial Data for FCMs

It looks like it is going to happen. From what I’m reading it is a done deal.

Any idea when the deadline is?