Last week the NFA issued their verdict permanently banning forward forex from membership. Here is the final decision:
http://www.nfa.futures.org/basicnet/...18&contrib=NFA
http://www.nfa.futures.org/basicnet/...18&contrib=NFA
NFA case against Forex.com/Gain Capital 6 replies
NFA Takes Action Against Gain Capital 27 replies
What happens to brokers not meeting the NFA capital requirement? 4 replies
Is losing a requirement to be successful? 72 replies
MIG vs Northfinance Margin Requirement 2 replies
DislikedOne again, I challenge you to state specifically where anyone said the only bit of research that should be done is solely asking for a firm's financial. You can't. because no one ever said it, except for you of course.Ignored
QuoteDislikedWhy don't you make your financial balance sheet public?
QuoteDislikedUsing a bit of sarcasm to cover up for your complete flub on this point? There is no "typical" retail investor.
QuoteDislikedMany traders use different trading strategies as you can see from this trading forum. Some are long term and some are short term.
QuoteDislikedBut very few of them would tell you the money they have on deposit is not an investment. It may be a more high risk investment, but it is an investment nonetheless.
QuoteDislikedThey aren't just reporting these enforcement actions, they are proposing to raise capital requirements as a result of them.
QuoteDislikedThat is far more aggressive than anything I could say on a couple threads.
QuoteDislikedAnd besides the media is saying the same thing. Currency Trader Magazine said the proposal could wipe out "90% of the industry." Sure that's scary, but doesn't mean it might not be true.
QuoteDislikedI don't need a statistical study. The facts are quite clear.
DislikedYou're right on one thing, more regulation is needed IMO.... but I prefer to actually SEE that regulation in place before I libel companies.
With that,for the moment, I defer to ForexObserv, who is more diplomatic than I, Justin, and the others who have been commenting here. I still can't believe that after 17 pages, you think that people disagree with the regulation... oy vey.....Ignored
DislikedThere is a big difference between you and me ForexFun. You argue on behalf of the firms on the dead pool list and merely cite your own opinion as proof that you are right. I argue on behalf of traders concerned about the potential insolvency of smaller firms that have a tough road to climb to meet the proposed capital requirement. Oh, and I also cite Regulatory websites and quotes from regulators to build my case. I'll let traders decide which they find more useful.Ignored
QuoteDislikedyou do not believe the collapse of these firms is important (which speaks for itself.)
QuoteDislikedYou have completely ignored the NFA's reasoning
QuoteDislikedand instead try to claim the problems of the past have nothing to do with the current NFA proposal, which is patently false.
QuoteDislikedThree other media sources have discussed this issue and are of the opinion the industry will be dramatically altered as a result with one going as far to say that 90% of the firms under $5 million could be wiped out.
QuoteDislikedYou argue on behalf of the firms on the dead pool list and merely cite your own opinion as proof that you are right.
DislikedYou missed a really significant point that both ForexFun and the-man-from-EFX consider highly important. You live in New York.Ignored
DislikedSaviour:
You are correct that the summary on the webpage it states "NFA has reason to believe that Trend and its principals have made misleading and conflicting statements and representations to NFA relating to Trend's capital and ownership, financial books and records, and customer accounts." This section of the Member Responsibility Action stated that the NFA had concerns and questions regarding where the capital for the capitalization requirement came from and as to who the true owners of the company were. These were the NFA's concerns. I did not read in there that the NFA had concerns that the company was ever undercapitalized, just that it had concerns where the capital came from. I think this is in part some of the objections made by other posters which is to look simply at the amount in the capitalization account is overly simplistic. Companies may have plenty of money in the account but might have other issues; companies may have a small customer base for which their capitalization is adequate to service.
You have also stated "Meanwhile, Trend was sharing the exact same suite as Forward Forex who were just formally shut down by the NFA for massive fraud. When Forward Forex tried to move their customers to Trend the NFA stepped in and took action because it could not verify where exactly the money to meet Trend's Capital Requirement was coming from."
Where in the Member Responsibility Action did it state that "Forward Forex tried to move their customers to Trend"? I have read and re-read the NFA Publication and cannot find any reference to customers of Forward Forex being moved by Forward Forex to Trend. There is one paragraph where it states that customers of a "different FDM" were asking to have their accounts transferred to Trend. This seems to indicate that it was customers who were asking to have money moved, not an FDM to FCM requested transfer. I am just wondering where did you get that these were customers of Forward Forex who were being moved? It sounds like you have more information than is in the MRA, which would probably help us understand the due diligence which should be done.
You then stated "The NFA said it has been concerned about the lack of protection for FX customers. 'From what we've been seeing and the enforcement actions we've been taking recently, for the protection of the customer in the markets, we really need to raise the minimum capital requirement for these firms," said a Chicago-based NFA spokesman."
Once again, I do not disagree with your conclusion that the NFA is moving systemwide to crack down on firms which it believes are (1) undercapitalized (not meeting the present requirement); (2) not adequately capitalized (while meeting the current threshold do not carry an adequate capitalization set aside for the volume of customers trading at any one time); or (3) whom the NFA believes is being operated for banned or otherwise criminal characters. I am not necessarily disagreeing that capital requirements are a crucial part of the analysis which the NFA conducts and which every customer should examine before doing business with a company.
However the question remains from my earlier post as to what were the facts upon which you were arguing that customers were fleeced in the Trend case? You said that the NFA ordered customer monies returned; however I did not see that in the NFA Publication. Was that true? You asserted that customers lost money in the Trend case as a prototype for the type of fraud which is rampant in the industry and that the NFA said that the monies were not all there. I never saw any allegation in the NFA Publication that monies were found missing by the NFA or that customers did not get their money back. You must have more information than the publication indicates, which I think would help support the argument on this matter.
If this is the typical "bucket shop" which you cited before, what were the sales practices of Trend which evidenced the type of fraud which customers need to avoid? I looked at teh NFA Publication and could not find any allegation or even discussion regarding sales practices. As I stated, I support your belief that a higher capitalization requirement will make firms place more money into capitalization and therefore offer a higher degree of protection to customers. Does more capital equate to more security? As a general rule, I think we agree in the affirmative. However you have held this up as the prototype for due diligence which customers should do and what can happen to customers if they do not do their due diligence. How bad were customers hurt on this case?Ignored
DislikedI have received some complaints from other forum users that my "Dead Forex Firms Walking Dead Pool" amounts to nothing more than scare tactics since the rule hasn't passed and since no one is yet required to meet the proposed $5 million capital requirement. In short, these little firms are being given a bum rap.
But those critics are missing the big picture. The Dead Pool is not meant to be fair. It is meant to single out those firms that have a low probability of meeting the proposed capital requirement (keep in mind Currency Trader Magazine said the proposal could possibly “wipe out 90% of the industry.”) The counter argument to that is some of those firms have additional capital they aren’t showing in the CFTC Capital Reports. That may be so but how is the average trader to know that absent firms showing us their company financials? My critics insist the onus of responsibility to find this out is on me because I am putting these firms on the Dead Pool list but I say the onus of responsibility is on the firms because it is they who are soliciting customers to trade at their firms.
Why the Dead Pool? Because traders should be aware of the very precarious state these firms may find themselves in should the rule pass. The time to know this information is BEFORE a firm goes under, not after it has gone under. That is why I have included so many stories in this thread detailing the demise of so many poorly capitalized firms. The CFG case in particular is an instructive one I encourage everyone to read.
True, CFG was undercapitalized while the firms in the Dead Pool are currently meeting their capital requirement. But the NFA was taken by surprise when they checked CFG’s books, who as late as January of this year showed they were meeting their capital requirement too. My point is “low capitalization” can quickly lead to “undercapitalization.” And while the firms on the dead pool are not undercapitalized (I take back any comments to the contrary regarding undercapitalized firms on the dead pool), they are poorly capitalized and thus a lot more likely to go out of business should this rule pass.
Finally, I want to make clear I'm not saying all these firms will be going out of business should the new capital requirement be adopted. Surely some will survive. And it should also be noted that a firm’s month to month Adjusted Net Capital on the CFTC’s website can change radically from one month to the next. While I joked about I Trade FX with the line “Run Forrest Run” after they posted negative capital for one month I never stated I Trade FX was bankrupt and their current Adjusted Net Capital figure shows them to have close to $4 million which means they are one of the most likely firms to survive the proposed capital increase. So the CFTC capital requirement figures are not the end all be all in this debate. That I will grant my critics.
But at the moment, that report is the only independent source for checking a firm’s financial health. As such it carries tremendous weight and needs to be closely followed by the trading public in addition to the many other things a trader should do when checking on a firm before they open an account.Ignored
DislikedI have been a critic of using the Net Capital as the sole basis for selecting a broker due to the fact that many firms don't tie up excessive net capital when it can be put to better use. That being said:
I do feel that one can feel more comfortable dealing with the top 5-10 FDMs than the smaller ones. However, I do feel it is critical to incorporate other factors into selecting a broker, specifically:
A) How long as the FDM been around? If a firm has been around a long time, one can feel better about dealing with them (please no Refco argument here as that was a different matter altogether).
B) What type of software do they provide? It is important for any trader to understand the limitations of ANY SOFTWARE. The platforms of the largest banks go down because all technology has imperfections. That being said, some are more reliable than others.
C) What type of trading methodology will you be using? Are you scalper or a news-time trader? There are positives and negatives when dealing with a matching platform versus a marketmaker platform.
D) Are you comfortable with who you're dealing with? Do you know who your rep is at your firm? Do you know the dealers? Are they licensed APs or just some college kids working a sales job for the summer?
Finally...EVERY firm is in it to make money. As far as I know, there aren't any non-profits operating in the FX market (on any level). And before you point a finger squarely at your big bad dealing desk and their executions, remember the retail trader is the VERY FIRST to try and exploit platform imperfections or price anomalies...its the name of the game. Don't be a hypocrite. Know the rules before you enter. What I mean by that is: If it sounds too good to be true, it is.
If you hear of an offshore firm or brand new FCM offering choice pricing, guaranteed fills, etc.- beware. CAVEAT EMPTOR!Ignored
DislikedI have received some complaints from other forum users that my "Dead Forex Firms Walking Dead Pool" amounts to nothing more than scare tactics since the rule hasn't passed and since no one is yet required to meet the proposed $5 million capital requirement. In short, these little firms are being given a bum rap.
But those critics are missing the big picture. The Dead Pool is not meant to be fair. It is meant to single out those firms that have a low probability of meeting the proposed capital requirement (keep in mind Currency Trader Magazine said the proposal could possibly “wipe out 90% of the industry.”) The counter argument to that is some of those firms have additional capital they aren’t showing in the CFTC Capital Reports. That may be so but how is the average trader to know that absent firms showing us their company financials? My critics insist the onus of responsibility to find this out is on me because I am putting these firms on the Dead Pool list but I say the onus of responsibility is on the firms because it is they who are soliciting customers to trade at their firms.
Why the Dead Pool? Because traders should be aware of the very precarious state these firms may find themselves in should the rule pass. The time to know this information is BEFORE a firm goes under, not after it has gone under. That is why I have included so many stories in this thread detailing the demise of so many poorly capitalized firms. The CFG case in particular is an instructive one I encourage everyone to read.
True, CFG was undercapitalized while the firms in the Dead Pool are currently meeting their capital requirement. But the NFA was taken by surprise when they checked CFG’s books, who as late as January of this year showed they were meeting their capital requirement too. My point is “low capitalization” can quickly lead to “undercapitalization.” And while the firms on the dead pool are not undercapitalized (I take back any comments to the contrary regarding undercapitalized firms on the dead pool), they are poorly capitalized and thus a lot more likely to go out of business should this rule pass.
Finally, I want to make clear I'm not saying all these firms will be going out of business should the new capital requirement be adopted. Surely some will survive. And it should also be noted that a firm’s month to month Adjusted Net Capital on the CFTC’s website can change radically from one month to the next. While I joked about I Trade FX with the line “Run Forrest Run” after they posted negative capital for one month I never stated I Trade FX was bankrupt and their current Adjusted Net Capital figure shows them to have close to $4 million which means they are one of the most likely firms to survive the proposed capital increase. So the CFTC capital requirement figures are not the end all be all in this debate. That I will grant my critics.
But at the moment, that report is the only independent source for checking a firm’s financial health. As such it carries tremendous weight and needs to be closely followed by the trading public in addition to the many other things a trader should do when checking on a firm before they open an account.Ignored
DislikedI have been a critic of using the Net Capital as the sole basis for selecting a broker due to the fact that many firms don't tie up excessive net capital when it can be put to better use. That being said:
I do feel that one can feel more comfortable dealing with the top 5-10 FDMs than the smaller ones. However, I do feel it is critical to incorporate other factors into selecting a broker, specifically:
A) How long as the FDM been around? If a firm has been around a long time, one can feel better about dealing with them (please no Refco argument here as that was a different matter altogether).
B) What type of software do they provide? It is important for any trader to understand the limitations of ANY SOFTWARE. The platforms of the largest banks go down because all technology has imperfections. That being said, some are more reliable than others.
C) What type of trading methodology will you be using? Are you scalper or a news-time trader? There are positives and negatives when dealing with a matching platform versus a marketmaker platform.
D) Are you comfortable with who you're dealing with? Do you know who your rep is at your firm? Do you know the dealers? Are they licensed APs or just some college kids working a sales job for the summer?
Finally...EVERY firm is in it to make money. As far as I know, there aren't any non-profits operating in the FX market (on any level). And before you point a finger squarely at your big bad dealing desk and their executions, remember the retail trader is the VERY FIRST to try and exploit platform imperfections or price anomalies...its the name of the game. Don't be a hypocrite. Know the rules before you enter. What I mean by that is: If it sounds too good to be true, it is.
If you hear of an offshore firm or brand new FCM offering choice pricing, guaranteed fills, etc.- beware. CAVEAT EMPTOR!Ignored
DislikedFX Chant,
You are in no position to lecture ANYONE about civility.Ignored
QuoteDislikedIf I recall it was you who threatened the use of violence in one post.
QuoteDislikedIt is you who questioned the motives of not only me, but of a whole host of other posters on this thread (i.e. insinuating that FX Oberv was somehow flaking for me when you said "Mister New-Poster-With-Three-Posts-So-Far-All-Continuing-The-Conversation-With-Savior.")
QuoteDislikedYour rudeness is well documented so for someone throwing around charges of libel you really need to take a look in the mirror.
QuoteDislikedBut, since you are holding out an Olive Branch I think it only appropriate I do the same. I have made it clear not every firm on that list will go out of business should the proposal pass. But as I have said it is perfectly legitimate to point out to the trading public which firms are currently not meeting the proposed requirement. This is something that should be taken into consideration by the trading public when conducting their due diligence.
DislikedEven Justin disapproved of your comment so don’t try to pretend that what you said was anything other than a threat of violence. That alone discredits you and opens you up to your own legal liability. Lucky for you I’m not the litigious type.
In any case I’m tired of this back and forth with you. I’m sticking to the issue at hand. If you want to attack my motives and the motives of anyone who posts on this board from now on fine, go ahead. But I think most readers can see through your attacks on people like FX Observ and in the end that only kills your credibility. So if you want to keep doing this in the future- be my guest.Ignored