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Hearing Date: December 9, 2011 

 Time: 10:00 a.m. Eastern Time 

 Location: New York, New York 

 

Dan M. Berkowitz 

General Counsel 

Jonathan L. Marcus 

Deputy General Counsel 

Robert B. Wasserman 

Chief Counsel, Division of Clearing and Risk 

Martin B. White 

Assistant General Counsel 

Robert A. Schwartz 

Assistant General Counsel 

Commodity Futures Trading Commission 

3 Lafayette Centre 

1155 21st Street, N.W. 

Washington, D.C. 20581 

(202) 418-5129 

mwhite@cftc.gov 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF NEW YORK 

In re: 

MF GLOBAL Inc., 

Debtor. 

Case No. 11-2790 (MG) SIPA 

STATEMENT OF THE COMMODITY FUTURES TRADING COMMISION 

TRANSFERS AND DISTRIBUTIONS FOR MF GLOBAL INC. UNITED STATES 

COMMODITY FUTURES CUSTOMERS 

 The U.S. Commodity Futures Trading Commission ( ) files 

this Statement in support of t

         

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Distributions for MF Global Inc. United States Commodity Futures Customers. (Doc. # 495.) 

roposed transfers and distributions would result in the orderly and prompt return 

to customers trading on U.S. contract markets of two-thirds of their equity, as reflected on the 

books and records , while reflecting proper caution in light of the 

current shortfall of customer property. 

The plan is also in accordance with the law, including the CFTC regulations accurately 

 

(Doc. # 669.) In particular, the claims of commodity customers must be satisfied in full before 

§ 766(h); 17 C.F.R. § 190.08. As the Trustee notes, these distributions are to be made on a pro 

rata basis, with each account class treated as a separate estate, and all customer property, to the 

extent practicable, must be traced and attributed to the class to which it belongs. 17 C.F.R. 

§ 190.08. 

On November 29, 2011, the Trustee requested in writing that the Commission authorize 

the proposed transfers pursuant to 17 C.F.R. § 190.06(h)(2). The Commission granted this 

authorization by letter dated December 5, 2011 (Exhibit A hereto), concluding that the plan is 

both appropriate and in the public interest. In reaching this conclusion, the Commission noted 

the reserve that the Trustee will maintain, and took added comfort from the $550,000,000 

guarantee of the Chicago Mercantile Exchange Group, Inc., to provide security against the nonrecovery of any potential overpayments. This Court should likewise authorize the Trustee to 

proceed. Meanwhile, the Commission will continue to work diligently, along with the Trustee, 

to identify and recover all MFGI customer property, and will assist the Court and the Trustee in 

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any way possible to ensure that such property is returned, promptly and equitably, to its rightful 

owners. 

 

Respectfully submitted, 

Dated: December 8, 2011 

 Washington, D.C. By: 

COMMODITY FUTURES TRADING COMMISSION 

/s/Martin B. White 

Dan M. Berkovitz 

General Counsel 

Jonathan L. Marcus 

Deputy General Counsel 

Robert B. Wasserman 

Chief Counsel, Division of Clearing and Risk 

Martin B. White 

Assistant General Counsel 

Robert A. Schwartz 

Assistant General Counsel 

Commodity Futures Trading Commission 

Three Lafayette Plaza 

1155 21st Street N.W. 

Washington, DC 20581 

(202) 418-5000 

jmarcus@cftc.gov 

rwasserman@cftc.gov 

mwhite@cftc.gov 

rschwartz@cftc.gov 

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CERTIFICATE OF SERVICE 

 I hereby certify that on December 8, 2011, I caused the foregoing Statement of the 

Approve Further Transfers and Distributions for MF Global Inc. United States Commodity 

Futures 

 /s/Martin B. White 

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