WASHINGTON, Dec 15 (Reuters) - Former MF Global chief Jon Corzine denied on Thursday a recent allegation that he knew
customer funds were improperly used, while absorbing withering
criticism from Republicans who chided the former Democratic
senator for his role in the firm's failure.
Corzine, who was taunted for staying at the Ritz Carlton in
Washington while hundreds of millions of dollars of customer
money remains missing, sought to address allegations about a
loan to a European unit of MF Global in the firm's final days.
"I don't know the source of the suggestion but let me be
clear," Corzine told a House Financial Services oversight
subcommittee on Thursday. "I did not instruct anyone to lend
customer funds to MF Global or any of its affiliates, nor was I
told that anyone had done so."
It was his third appearance in eight days before lawmakers
probing MF Global's demise and perhaps the most hostile.
MF Global filed for bankruptcy on Oct. 31 after it was
forced to reveal that it had made a $6.3 billion bet on
European
sovereign debt, spooking investors and customers. Corzine
resigned as CEO days later.
A trustee liquidating the firm has estimated the customer
funds shortfall could be as high as $1.2 billion. A diversion
of
customer funds for the benefit of the firm would be a violation
of industry rules.
Neither MF Global nor any of its executives have been
charged with wrongdoing.
But that failed to stop Bill Posey of Florida, a
Republican,
from trying to paint Corzine as a criminal, asking if his
passport or assets had "been frozen." Corzine said they had
not.
The search for missing customer money has sent
reverberations through the farm belt and trading floors, and
has
attracted the attention of the FBI and federal prosecutors.
On Tuesday, CME Group Executive Chairman Terrence Duffy
told a Senate committee that a CME auditor participated in a
phone call during which an MF Global employee indicated that
Corzine knew the firm used customer money to lend $175 million
to its European affiliate.
Duffy told the Senate Agriculture Committee on Tuesday that
CME, one of MF Global's regulators, has provided the
information
to the Justice Department and the Commodity Futures Trading
Commission.
A CME timeline of MF Global's last days identified the CME
auditor as Mike Procajlo, and said the call took place in the
middle of the night, hours before the bankruptcy filing.
Duffy told Thursday's hearing that the CME was duped by MF
Global.
"We were getting falsified segregation reports," Duffy
said.
"Our system has never failed in 75 years. In our opinion,
someone has violated the law."
STEPPED IN AND OUT
Under questioning on Thursday about the loan allegation, a
slightly exasperated looking Corzine said the final days of MF
Global were hectic and he could not provide a blow-by-blow
account of every part of the phone call in question.
"First of all we were operating very late in the day and
after many, many days," Corzine told the committee. "I'd also
say I stepped in and out of that meeting on a very regular
basis
to consult with counsel and also to speak to the board."
He added: "I did not in any way know about the use of
customer funds on any loan or transfer."
Seeking to explain the confusion over the use of customer
funds, Corzine said that Duffy may have been referring to a
situation regarding overdrafts at JPMorgan Chase <JPM.N>.
Corzine said that on Oct. 28 JPMorgan contacted him and
other MF Global employees about "certain overdrafts" and asked
whether funds had been transferred in compliance with CFTC
rules.
"The back office in Chicago explicitly confirmed to me that
the funds were properly transferred," Corzine said. "I
understood that JPMorgan Chase was satisfied because they
executed billions. of dollars of trades with MF Global."
Corzine, a former Democratic senator, governor of New
Jersey, and one-time leader of Goldman Sachs, once again
apologized on Thursday for any harm MF Global's failure may
have caused customers.
During a break in Thursday's hearing for a House vote,
Corzine and MF Global Chief Operating Officer Bradley Abelow
were served with legal papers.
"I haven't even looked at it yet," said Gary Naftalis, a
lawyer who was accompanying Abelow. "Some kind of civil suit."
Among the widespread litigation to arise from MF Global's
collapse is a lawsuit filed last week by Charles Carey and
Joseph Niciforo, vice chairman and director, respectively, of
CME. The plaintiffs, who are commodities traders and held
private accounts with MF Global, accused Corzine and other
current and former MF Global executives of negligently managing
customer money.
"NO ONE KNOWS ANYTHING"
At points the hearing got personal, with New Mexico
Republican Steve Pearce portraying Corzine and Abelow as fat
cats who have done little to help the customers hurt by MF
Global's failure.
Pearce pointed out that Corzine is staying at the Ritz
Carlton in Washington. He then asked both men if they had
spoken
with any of MF Global's customers since the bankruptcy or
started college scholarship funds for any of their families.
After both stiffly said no, Pearce sneered: "But we're so
sorry, we're desperately sorry, we want to apologize."
Other lawmakers expressed frustration that neither Corzine
nor Abelow were providing them with enough answers.
"No clarity," said Tennessee Republican Stephen Fincher.
"No one knows anything."
The MF Global bankruptcy is In Re MF Global Holdings Ltd,
in the U.S. Bankruptcy Court, Southern District of New York,
No. 11-15059.
For MF Global: Kenneth Ziman of Skadden, Arps, Slate,
Meagher & Flom.
For the trustee, James Giddens: James Kobak, Anson
Frelinghuysen, Christopher Kiplok, Jeffrey Margolin and Sarah
Loomis Cave of Hughes Hubbard & Reed.
(Reporting by Christopher Doering, Sarah N. Lynch, Philip
Shishkin and Dave Clarke; additional reporting by Nick Brown
and Tom Polansek in Chicago)
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