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Refco was a train wreck just waiting to happen
timesonline ^ | October 16, 2005

Posted on 10/16/2005 5:23:56 AM PDT by dennisw

Refco was a train wreck just waiting to happen

URBANE banker or crook, call Phillip Bennett what you want, but those who have met him are starting to realise they never knew the man beneath the sharp suits.

Until last weekend Bennett was chairman and chief executive of Refco, one of the world’s biggest futures brokers. Today he is chairman of nothing, under house arrest and the former dollar billionaire will be lucky if he is left with a billion dimes.

The British-born Cambridge graduate is at the centre of a scandal that could turn his firm to vapour. It floated two months ago for more than $2.8 billion (£1.6 billion), but thanks to Bennett its figures were a con.

Underneath it all, Refco is a sound business — trading futures is one of the financial market’s growth areas, expanding at about 25% a year.

Unfortunately, Bennett seems to have cooked the books, and therefore its value was grossly inflated. It appears he let the good trades go through to profits and in effect hid the bad ones — totalling $430m — in a cupboard.

Refco has always had a reputation as a sharp trader — it gave low-grade clients aggressive margins, and had a chequered regulatory history and poor compliance. At the same time some clever people joined the firm and left pretty swiftly.

But in a rising market, investors are prepared to overlook such matters and they dived in, comforted by the fact that Bennett was not selling shares.

It has been a painful lesson, but the collateral damage Refco’s collapse will cause is of equal concern. Grant Thornton, the accountant, is yet again in the thick of it. This time it is the American, rather than the Italian office. Refco’s advisers, Goldman Sachs and Credit Suisse First Boston, face long legal battles, and the fragile trust between financial advisers and investors will be stretched even further.

The fall-out is not limited there. New York and London have been waiting for just such a train wreck, and this will highlight the ridiculously thin margins some banks are prepared to lend at. The head of the Austrian bank that agreed to take Refco shares to enable Bennett to pay off the debt should stick to yodelling.

Refco is a parable for our times. Its business involves broking layers of financial derivatives. But the man in the street would be amazed by the speed with which it collapsed and how a firm based on hundreds of millions of dollars of goodwill is worth nothing if a key member of staff plays foul.

Exchange of views

CLARA FURSE, chief executive of the London Stock Exchange, is not a woman who is easily ruffled. She has already seen off the takeover advances of her German peer Deutsche Börse, and the putative attempt by Euronext, its continental rival, to merge with the LSE also looks to be running into a strong headwind.

But Macquarie, the Australian bank created out of the embers of Hill Samuel — the former London investment bank — could prove harder to deflect. Furse and her chairman Chris Gibson-Smith have so far failed to demonstrate to investors that they have an independent growth strategy.

And by not sharing their vision, they can only strengthen Macquarie’s hand.

This Australian bank plays in the big league and the LSE, which has a market value of £1.3 billion, fits perfectly into its model: reliable income streams, returns above 15%, huge growth opportunities and a management team it could buy and retain. Up to now it has always scouted for such opportunities via the ownership of airports, toll roads and other infrastructure projects. But now it is spreading its wings.

Unlike the LSE’s rival exchanges, Macquarie, which has funds under management of about €18 billion (£12.2 billion), offers no threat to its name or moving its centre of operations to the Continent.

If Furse wants to stay independent she has to tell Macquarie to put up or shut up. She has to spell out a solo growth strategy and demonstrate that a bidder has to shell out at least 700p against the present price of 534p. Don’t be surprised if Macquarie already has a stake through the ownership of contracts for difference.

Designer price tag

DESIGNER labels come with designer prices, so the pay deal announced with Angela Ahrendts’s appointment as Burberry’s chief executive should perhaps have come as no surprise.

Ahrendts, currently at Liz Claiborne in New York, stands to make £16m over the next five years and will probably be the highest-paid female executive in Britain. Traditionally the British have had a very different attitude to pay from the Americans. Too much is often not enough for US bosses. But in recent years shareholders have become more sceptical.

Those justifying Ahrendts’s package point out that her pay is in line with her peers.

But last week the American pay expert Graef Crystal said Ahrendts’s pay deal was unfashionably large. Burberry’s annual profits are roughly $1 billion and of the 55 chief executives measured with profits of between $750,000 and $1.5 billion, her pay deal outstrips all but 12.

The average salary in the group was $680,000. Ahrendts’s base salary before bonuses and other allowances (including $25,000 for clothes and $610,000 a year in “overseas allowance”) is $1.3m. There is a lot of performance-related pay in the deal, but even if she fails miserably she will be one of the highest-paid bosses on either side of the Atlantic.

Crystal said: “My problem with discretionary bonuses is that the amount of discretion usually associated with them can only be measured with the help of an electron microscope.”

If Burberry works out for Ahrendts, the pay may not be such a big deal. If it doesn’t, it will take more than a mac to cover that outsize pay packet.

Back off, punchy

MY advice to Sir Chris Evans, the biotech king whose company, Merlin Biosciences, is at the centre of a Serious Fraud Office (SFO) probe, is keep your mouth shut. Last week he ranted that he was ready to punch people in the face for getting his firm into such a mess.

Grow up Evans. Merlin, where investors have entrusted you with millions of pounds, is at the centre of a criminal investigation. You won’t say what the charges are and you have yet to be interviewed by the police.

One of two things will now happen. The SFO will drop the probe or arrest people. That could take months, but if I were you I would soothe my investors rather than spoil for a fight. This looks a messy situation and Evans needs to make some friends, not more enemies.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Foreign Affairs; Front Page News; News/Current Events
KEYWORDS: refco

1 posted on 10/16/2005 5:23:56 AM PDT by dennisw
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To: dennisw
Refco has always had a reputation as a sharp trader — it gave low-grade clients aggressive margins

That's why I liked them but do resent being called low-grade :)

2 posted on 10/16/2005 5:29:00 AM PDT by AmericaUnited
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To: dennisw
lucky if he is left with a billion dimes

I should be so lucky.

3 posted on 10/16/2005 5:35:15 AM PDT by 11Bush
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To: prairiebreeze

Ping


4 posted on 10/16/2005 5:50:16 AM PDT by Peach (The Clintons pardoned more terrorists than they captured or killed.)
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To: 11Bush
"I should be so lucky."


Yeah ... what the heck is that all about?



5 posted on 10/16/2005 5:56:02 AM PDT by G.Mason ("Necessity is the mother of taking chances" ... Mark Twain)
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To: dennisw
nice post.

"this will highlight the ridiculously thin margins some banks are prepared to lend at..." Years ago a friend described how his, big deals only daughter, flew on a bank jet to a huge defense contractor's office to get 5% of their business at sub-prime. Yet this same business bank would not take an equal amount of money and put it into SBA loans at prime+ 2. Not much has changed, idiots at banks chase fast bucks, high profiles and cry like babies when they lose 50 million - except they make it up by raising credit card interest to pay for their greed - errors.

6 posted on 10/16/2005 6:13:50 AM PDT by q_an_a
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To: AmericaUnited

Refco has had a crooked reputaion as well. Run a Google on "Hillary Clinton Refco" and see what pops up.


7 posted on 10/16/2005 6:16:10 AM PDT by DogBarkTree
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To: DogBarkTree

"low-grade clients" = Hillary


8 posted on 10/16/2005 6:22:46 AM PDT by Malesherbes
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To: dennisw
The head of the Austrian bank that agreed to take Refco shares to enable Bennett to pay off the debt should stick to yodelling.

Austrians don't yodel, the Swiss do.

9 posted on 10/16/2005 6:38:09 AM PDT by Bon mots
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To: DogBarkTree
Anyone who has been in the commodities business knows that there are proportionately more crooks there than any of the "other" financial instruments busisesses (stocks, bonds, real estate, etc).

I can't remember the refco broker's name who used to move paper in the CBOT pit, but he was sleazy as everything. On ANY good trade it was never just doing the trade, I always went back to him in 30 secs or so and repeated "I bought 30 cars dec wheat at a half, right?" and then again "30 dec at a half at 11:20, and we are good?" I saw him deliberately lie and set up an outtrade with so many locals that I eventually quit hitting his bid/offers, unless I was bracketed by others who would confirm they did the same thing.

They have gone to electronic trading cards nowadays, but you can always get around stuff, if you are smart. I wouldn't trust any of those people with my money. Mann, Refco, the whole lot of em.

10 posted on 10/16/2005 6:47:24 AM PDT by chronic_loser
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To: AmericaUnited
This article perpetuates the confusion. Being an astute trader and offering trading clients low margins are unrelated to each other. To be an astute trader is to be unusually good at timing your own trades (buying and selling futures out of the firm's own account). To offer low margins to clients is a marketing strategy in the futures brokerage business to take higher risks in order to profit, by way of fees, from customers trading out of THEIR own accounts.

Insolvency is a major risk in either case because REFCO was a clearing house and acted as a central counter-party to trades. (Being a trader I'm sure you understand all this but I'm writing it for the benefit of those who do not). When you call your broker and say "buy", the broker goes to the market and buys (not you). When the guy on the other side of the transaction said "sell" he actually sent his broker to the market to sell. The brokers buy and sell from each other. You never actually, directly, buy and sell anything from anyone other than your broker. The individual brokers deal with taking the money out of their respective clients' accounts and they guarantee the trade with the other broker. In other words your broker insulates the market from the risk that you will not ever come up with the money to complete the trade. This risk is called counter-party risk. The "clearing" process between the brokers allows modern financial markets to exist without each of us having to worry about the creditworthiness of the person we are selling our securities to. In the futures markets (especially the US Treasury markets) this is all done on extraordinarily small margins. I think the Treasury margin is something like 1% or 2%. It's slightly more complicated than this in actual practice but this is the essence of how it works.

All this talk about REFCO "trading" has me a bit confused. Did REFCO blow $430MM trading in their own account and then hide it or did they fail to collect $430MM in margin collateral from their customers and then hide that, or did the CEO simply steal $430MM from the company and then try to ponzi his way out of it? I've read several articles on this and not one author has demonstrated the slightest knowledge of what actually happened.
11 posted on 10/16/2005 6:50:54 AM PDT by cdrw (Freedom and responsibility are inseparable)
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To: Bon mots

Austrians yodel too when pressure is applied in the right places.


12 posted on 10/16/2005 6:52:21 AM PDT by dennisw (You shouldn't let other people get your kicks for you - Bob Dylan)
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To: chronic_loser
The pits are history, in my opinion, for the very reasons you've highlighted. I am / have been / a retail trader and I wouldn't touch anything but electronic markets.
13 posted on 10/16/2005 6:55:42 AM PDT by cdrw (Freedom and responsibility are inseparable)
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To: cdrw
I always find that non-trader reporters always blow it big time when trying to write these stories. They are paraphrasing from some notes they took, without any real understanding.
14 posted on 10/16/2005 6:58:16 AM PDT by AmericaUnited
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To: cdrw; Peach
or did they fail to collect $430MM in margin collateral from their customers and then hide that

This is what's been reported. Uncollected debt from third parties, not proprietary trading.

Thanks for the ping.

15 posted on 10/16/2005 7:01:33 AM PDT by prairiebreeze (Take the high road. You'll never have to meet a Democrat.)
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To: chronic_loser
I always just took the small ripoffs as the 'price of doing business'. There were many times when I had no doubt that the arb desk and the floor trader we're skimming me from time to time. But... how could you prove it? And I'm not talking about fast markets, where 'wild stuff' happens and you can get surprised by the fills.
16 posted on 10/16/2005 7:05:42 AM PDT by AmericaUnited
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To: dennisw
the former dollar billionaire will be lucky if he is left with a billion dimes

That's lucky indeed. The author of the article is not too sharp.

17 posted on 10/16/2005 7:41:49 AM PDT by liberallarry
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To: prairiebreeze
Yes, but the **main** third party that's in default to REFCO is a hedge fund that is (or was, at least) principally controlled by Bennett.

Bennett tried to recoup through the IPO; the mkt put a multiple on his shares, which he promptly pledged to a bank for a loan to pay off the dinger. When $430 mio of putative 'assets' are both nonexistent to start and subsequently created in this fashion, the technical term for such a situation is 'securities fraud'. This is even less subtle than what Bernie Ebbers tried, btw, and Bennett is in for a long visit to the Graybar Hotel.

The interesting question is: since Bennett could not have pulled this off by himself, who else will get to enjoy a stay in chokey? Thornton? That would seem likely. Grant? Maybe, hard to say at this point. REFCO Capital Markets compliance people? A good bet, some of them.

The sequel here should be fascinating.

18 posted on 10/16/2005 11:58:26 AM PDT by SAJ
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To: cdrw
All this talk about REFCO "trading" has me a bit confused. Did REFCO blow $430MM trading in their own account and then hide it or did they fail to collect $430MM in margin collateral from their customers and then hide that, or did the CEO simply steal $430MM from the company and then try to ponzi his way out of it? I've read several articles on this and not one author has demonstrated the slightest knowledge of what actually happened.

Some are saying the $430 million is related to an illegal practice of naked short selling which REFCO implemented on behalf of clients. I don't know what REFCO did, so I will link here in case it may be helpful to you and others. http://bobosrevenge.blogspot.com/

19 posted on 10/16/2005 3:24:00 PM PDT by n-tres-ted (Remember November!)
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To: n-tres-ted
Whoaa!! So much for my earlier comment about the pits being untrustworthy. This Refco thing may be bigger than I thought.
20 posted on 10/16/2005 4:53:12 PM PDT by cdrw (Freedom and responsibility are inseparable)
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