Jeff  Carter

PFG Best was the straw that broke the camel’s back in the futures industry. Certain fraud only because Wasendorf was man enough to admit it. Corzine with MF Global hasn’t admitted it. He came from the banking and political culture where you never admit you are wrong. If you repeat the lie long enough it might turn into fact. Joe Paterno followed that tac too, and it wasn’t until he was dead and gone they uncovered the truth.

The problem that I see is there are so many agencies that want the power to regulate we could be in for a feeding frenzy in the futures industry.

There is the National Futures Association(NFA) that won’t admit any culpability in either case. There is the CFTC, which won’t admit it fell down on the job. There is the FIA, that is silent. CME and ICE are also silent. All are afraid of lawsuits and their lawyers are probably telling them to clam up.

I can understand being afraid of litigation. But, the futures industry has taken two massive torpedo shots and needs to come into port to retool. When it does, all these abbreviated organizations are going to try and flex their muscles to increase their power base, increase the amount of bureaucratic jobs they can create and generally flummox the industry with more paperwork that’s probably not needed. In the first place, the only thing those two firms needed was integrity and you can’t legislate that.

Many are calling for a transaction tax that pays for a regulator. This is such a bad idea I don’t know where to start. Taxes that go to feed a public bureaucracy are never a good idea. Bureaucracies are totally inefficient and always behind the times. Additionally, they get entrenched and then set out to prove agendas even when the market is telling them differently. Bureaucratic minds get made up, don’t confuse them with fact.

The remedy to this whole problem needs to come from the industry in the form of a self regulating organization that is independent. Setting up the economic incentives correctly for the organization so it roots out fraud, and makes sure this never happens again is critical. The futures industry needs to think out of the box, and the big exchanges need to cooperate to make it happen. Since $CME is the big dog, it’s time for it to show leadership.

In order to lead, the world will have to be patient. The best thing that can happen short term is that we get the Wasendorf trial over quickly, and get some certainty as to the criminal fate of MF Global. Figuring out how to make sure customers are protected will take time if they are going to do it correctly.

Jeff Carter

Jeffrey Carter is an independent speculator. He has been trading since 1988. His blog site, Points and Figures was named by Minyanville as one of The 20 Most Influential Blogs in Financial Media.