Worldspreads failure and subsequent administration, what the NFA could learn from the UK’s FSA and FSCS..

17 Comments

As the scandal of PFG Best has exploded over the past 48 hours, and the ongoing crisis of the collapse of MF Global shows little sign of reaching any conclusion, attention may once again turn to the management of the collapsed UK spread betting firm Worldspreads which crashed in acrimonious circumstances on around March 16th 2012.

Removing the vastly different sums involved, the pathology and mechanics of all three collapses have been similar; a rumour, which then turns to fact and with lightning speed the offices and operation are closed for business within hours, with clients left locked out of the process whilst waiting for titbits of information from those appointed as ‘money janitors’ to clean up the mess. However, there’s one distinct difference between how UK ‘officialdom’ has handled the collapse of Worldspreads versus their American equivalents and it can be described using two key words; transparency and efficiency.

Moving aside the reasons why and how the Worldspreads firm collapsed and the argument that the sum involved was not as great as MF Global, the speed with which the UK authorities moved to shore up the majority of clients positions after its collapse is in stark contrast to the veil of secrecy and inactivity that has enveloped the management of the MF Global collapse. If the PFG Best crisis follows the same tortuous pattern then the distressed clients could be left in limbo for months, or longer. Comparing and contrasting the management of how the UK administrators KPMG have handled the Worldspreads collapse to that of the progression of MF Global is quite alarming.

Springing into action

The Worldspreads Group company was put into administration late on Sunday 18th March, two days after effectively ‘closing for business’ after a £13m “black hole” was found in the accounts during the preceding midweek, which put 15,000 clients (the majority of whom were retail customers) at risk of losing almost half their money.

Administrators KPMG said clients were owed circa £30 million, which should have been held in a segregated customer account. However, the group’s total cash came to just £16.6m. It transpired that WorldSpreads broke the ‘golden rule’ – client money should never be “commingled” with company money.

KPMG was hopeful at the time that clients would get close to all their money back. Clients had on average just £2,000 each on balance with the company, and this fell far short of the £50,000 automatic protection given under the Financial Services Compensation Scheme (FSCS).

The FSCS

The FSCS, funded by the financial services industry, will be liable for any shortfall after recoveries made by the administrators. At its peak, the Dublin-based company, which listed on Aim in 2007, was worth about £40m. WorldSpreads had no outstanding commercial loans bar a relatively small working capital facility.

The diary of events after Worldspreads collapse

Notwithstanding the fact that through the former website, www.Worldspreads.com KPMG has maintained a constant narrative and dialogue with the clients, KPMG have also provided a link on their corporate site to kept clients up to date with developments. The latest notice on the Worldspread site states;

Update for clients of WorldSpreads Limited (in special administration) (“the Company)

The Joint Special Administrators of WorldSpreads Limited are now able to send closing statements to clients of the Company. Each client will receive TWO statements. All statements are being sent to the registered email address of users. Paper copies of statements will only be sent out where the registered email address is no longer in use, or cannot be delivered. If you have not received your final statements within 7 days (if you are a UK client) or within 21 days (if you are an overseas client), please provide details of your account and current contact details, including email address, to WorldSpreads-enquiries@kpmg.co.uk.

Details about the FSCS process are on their website www.fscs.org.uk and will shortly include a further update relating to the claim process for WorldSpreads Limited. However, in order for the FSCS to begin their process your claim must be agreed with the Joint Special Administrators. Therefore you must confirm to the Joint Special Administrators as quickly as possible whether you agree or disagree with your statement balance. FSCS will only accept agreed balances from the Joint Special Administrators for use in determining client claims. There is no need to contact FSCS at this time as it will contact you separately regarding your claim.

In its latest publication, dated 22nd June 2012, the KPMG site states;

Jane Moriarty and Samantha Bewick of KPMG were appointed by the High Court as joint special administrators of Worldspreads Ltd, a UK based spread betting business, late on Sunday 18th March 2012. Worldspreads Limited is a wholly owned subsidiary of Worldspreads plc, a company incorporated in Dublin, Ireland. This website will provide the latest updates and information from the joint special administrators.

Update from FSCS

The Joint Special Administrators of WorldSpreads Limited have been working closely with the Financial Services Compensation Scheme (FSCS) since the firm was placed into Special Administration. FSCS will start emailing personalised application forms for compensation by the end of June to WorldSpreads clients. In some instances, where balances are very small, FSCS will ask that clients request an application form to be sent to them to complete.

Before this happens, an introductory email with further details of FSCS, their role, and the process for claiming compensation from them will be sent to you at the email address held by WorldSpreads. Please check your email inbox, including spam filters, over the coming days.

Should you not have received an email (containing an application form) from FSCS by 6 July 2012 and wish to make a claim for compensation from FSCS, please contact FSCS on freephone 0800 678 1100 or 0207 741 4100 to request an application form. An application form can be dispatched by post if requested. In order for the FSCS to begin their process your balance must first be agreed with the Joint Special Administrators. FSCS will only accept agreed balances from the Joint Special Administrators for use in determining client claims. For further information, please refer to the FSCS website.

Speed and transparency

The speed with which the UK Worldspreads situation was attended was commendable, clients didn’t even have to contact the administrators directly, KPMG contacted each directly within days of being appointed administrators, advising of positions and the level of compensation likely to be achieved. Now some four months on progress is apparent, as it should be for the circa £900,000 fee KPMG is charging. Rumour has it that clients are weeks away from compensation, or at least weeks away from being offered part compensation. Quietly and efficiently the collapsed firm’s affairs have been handled as befits such a reputable firm with certain management protocol in place. As to how another top ten accountancy firm Ersnt and Young (Worldspreads’ auditors) failed to spot the glaring irregularities is a sorry story for a different day…

MF Global

The handling of the MF Global collapse couldn’t be more extreme in comparison. MF Global collapsed in October 2011, retail clients are still kept in the dark with regards to any compensation. Over nine months after the shock event the lack of news must be making certain clients desperate. The chapter 11 bankruptcy protection offers no protection or instruction to the small ‘retail’ clients who have perhaps lost savings, suffered a massive hit to their lifestyles, or seen their dreams of a safe and secure pension and retirement trashed. A visit to the MF Global website offers very little comfort to those who’ve lost funds.

There’s another sting to the tail which anyone outside of the industry of speculation as investment may have missed, these failures may become ultimately an indirect taxation on us all, we may all end up paying..

Estimates suggest that the UK FSCS may have to find circa £600 million from its contributory based compensation scheme to shore up the positions of UK losses for MF Global and others over coming years, this cost will ultimately be borne by the brokers and financial firms who will (as night follows day) at some stage have to increase costs in order to protect their positions. Similarly their own individual and collective insurance costs will inevitably escalate as each major failure is discovered. UK FTSE 250 firm’s costs have risen by 270pc under the FSCS compensation scheme, year on year, from 2009 to 2010.

Paul Holmes

TAGS: , , , , , , , , , , , , , , , , , , , , ,
 
More information on this subject is found in the latest Forex Magnates Quarterly Report

TradoLogic

17 Comments on this post

Trackbacks

  1. Michael Greenberg said:

    well Paul i agree on some parts but disagree on many others – there are two big differences between MF and Worldspreas:

    1. size of the collapse, MF’s funds are about x200 the Worldspreads and accounting and dealing with such an amount is considerably more difficult

    2. FSCS which NFA doesn’t have and thus nobody can repay those poor clients

    on a separate note, it was extremely painful to see someone comment on one of the previous PFG posts we had saying he already experienced same nightmare with MF and now this again…

    July 11th, 2012 at 1:51 pm
  2. BigPiping said:

    Greenberg I think it’s time, you should start the next SRO.

    July 11th, 2012 at 4:24 pm
  3. Michael Greenberg said:

    and quit my day job? hell no… i did want to start an SRO for forex media portals but nobody was interested..

    July 11th, 2012 at 5:40 pm
  4. BigPiping said:

    Well I would imagine the CFTC would be open to it more now than ever, they would definitely like to let this roll downhill.

    July 11th, 2012 at 6:33 pm
  5. Michael Greenberg said:

    doing any changes internally would mean they are admitting they did something wrong, do you imagine this happening?

    July 11th, 2012 at 6:48 pm
  6. Paul H said:

    Michael I’d agree and disagree, in some respects the size of the collapse shouldn’t matter; there should be protocol in place to protect savers/investors whether the lose 200 dollars each or 20,000. The oversight is non existent, likewise the compliance to allow such situations to manifest, but the lack of protection and communication post collapse (from supposed USA authorities) is nothing short of scandalous.

    IMHO if (when?) a similar size collapse happened in the UK the issue would be handled far better. The USA really needs to clean up it’s act were this is concerned.

    July 11th, 2012 at 8:48 pm
  7. BigPiping said:

    Depends on how many people are pointing their fingers at them. I’ll tell you this, if push came to shove they would admit the NFA did something wrong before they admit that they did. When you compare fines in forex in comparison (RFEDS, to FCMs) you wouldn’t think an RFED has never been unable to return client funds due to insolvency (other shady reasons sure) take that to over 1.6 billion un returned in the last nine months in futures, I’d say the NFA needs to stay at home for a while and check in on what their friends (and employees) are doing in their back yard

    July 11th, 2012 at 9:54 pm
  8. Stefano said:

    What is the point of a SRO for forex media portals? You mean for advertising issues (e.g don’t accept advertising offers from not reliable/scam brokers etc)

    July 12th, 2012 at 8:02 am
  9. Ron Finberg said:

    I am going to flip things around and say that the regulators did their job with PFG.
    PFG gave them a report of segregated funds. They checked it out, and it was found to be false.
    What further actions could they do? Even though its a segregated account, its still being controlled by the broker. WIth PFG. the only thing that would have prevented it would be to have the CFTC or NFA monitor each transfer from the account. Don’t see that happening though.

    There will always be some sort of trust that the regulators give the brokers and banks. The fear to the broker being that they would shut them down if money is missing. This fear ultimately prevents firms from stealing a million here or there, as the risk of being shut down makes the endeavor not worth it.

    July 12th, 2012 at 9:54 am
  10. Steve Sandwiscky said:

    What is situation with the Brokers who were introducing clients to PFG?
    my accounts are with Robbins Futures I can not get any straight answer and their website has been redirected and partially down .. I even called the NFA
    Please can anyone help or advise

    July 12th, 2012 at 11:28 am
  11. Stephen Leahy said:

    Great article in today’s Wall Street Journal. Highlights Wassendorf’s erratic behavior recently and the NFA’s miss on catching this back in early 2011.

    July 12th, 2012 at 3:37 pm
  12. Michael Greenberg said:

    if they referred the funds to PFG then they are part of the missing funds

    July 13th, 2012 at 3:23 am
  13. Michael Greenberg said:

    they should have required banks to provide daily statements to them instead of focusing FIFO and other unnecessary crap

    July 13th, 2012 at 3:23 am
  14. Michael Greenberg said:

    many things, act ethnically, filter brokers, filter broker promotions, live up to certain standard when recommending brokers and trades, etc

    July 13th, 2012 at 3:24 am
  15. Michael Greenberg said:

    agreed

    July 13th, 2012 at 3:24 am
  16. Paul H said:

    Ron,

    I disagree, trust should not be an issue, regulation is required. You can’t “trust” bankers, brokers, or banks to behave ethically, they have to be micro analysed and those reports should be done on a daily basis. Not sure how such a structure could be put in place, perhaps it’s too late?

    July 13th, 2012 at 10:45 am
  17. Jon said:

    If not done on a daily basis, at least monthly. This youtube video does an excellent job of pointing out how PFG was able to pull it off.
    http://www.youtube.com/watch?v=4Y7GjKu5xaE&feature=youtu.be&t=1s
    The second half spokesman made a very good point towards the end: [paraphrasing] People will seek other forms of unregulated investment, as they would be taking the same risk as what they used to think regulated products were supposed to protect from; but at least they understand that risk moving forward.

    It turns out that PFG was actually bluffing from the beginning, whereas MF Global was legit for a while.
    http://www.reuters.com/article/2012/07/14/pfgbest-ceo-arrested-idUSL2E8IDDHT20120714?feedType=RSS

    Atleast those in the UK will be able to get back something. There was an article detailing how Canadian residents would also not lose much from PFG if trading through PFG Canada due to the Canadian insurance/protection scheme.

    July 14th, 2012 at 6:02 am

We do not store your information and we do not disclose our sources.


Leave your name/email (not required) if you'd like to be contacted about this story (will not be disclosed):



Mirror Trader

Bitcoin

Executive Moves

Startups & New products

bitpay

Want a Plane? Do You Have Bitcoins? BitPremier & BitPay Raising the Bar

After bringing to the bitcoin marketplace million dollar apartments and sports cars, luxury bitcoin retailer, BitPremier is offering what is most likely the first airplane...

crypto st 1

Sneak Peak: Crypto St, Blending Bitcoin & Forex Trading Together

Innovation in the bitcoin sector continues to take place. Forex Magnates takes a look at Crypto St, a soon to launch bitcoin trading platform...

dhs

DHS, Dwolla, Google Wallet & Bitcoin Prices Still Strong

US Feds Attacking Bitcoin! Bitcoin Getting Shut Down Is this the End of Bitcoin There have been some strong titled headlines since Tuesday evening about...

More Bitcoins

download

New Blood at Integral’s Top Level – A Further Two Senior Executives Appointed As David Faulkner and Thomas F Koslowske Assume Office

Integral's management team expands rapidly as part of growth plan to streamline go-to-market process and keep abreast of market share gain of open FX platform.
...

Ian Doull Joins Integral in Global Product Role

Technology provider Integral has announced today that Ian Doull is joining them as Managing Director of Product Marketing. Integral stated that “In this newly created...

rajesh yohannan

Exclusive: OANDA Appoints Global Mobile Banking Head Citibank as New Head of Singapore

Management changes at OANDA continue with the appointment of Rajesh Yohannan as the new Managing Director & CEO, OANDA Asia Pacific, to be based in Singapore....

More Executive Moves

New Product Spotlight

Hiroyuki Shimizu - Spotware Systemschartiq iphone

Trading in the Cloud with cTrader & ChartIQ

The rise of mobile trading on tablets and smartphones has led brokers and technology providers to launch products that allow customers to access market data anywhere, and on any device. On this note, two cloud based products were released this week.
Read more

crypto st 1

Sneak Peak: Crypto St, Blending Bitcoin & Forex Trading Together

Innovation in the bitcoin sector continues to take place. Forex Magnates takes a look at Crypto St, a soon to launch bitcoin trading platform that combines elements of the forex trading brokerage model with digital currencies.
Read more

More Startups & New Products

Forex Research

Recently Viewed Directory Profiles

Recent Comments

Note: Copyright © 2013 Forex Magnates. All rights reserved.

All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Forex Magnates. You may not alter or remove any trademark, copyright or other notice from copies of the content. All information on this page is subject to change. The use of this website constitutes acceptance of our user agreement. Please read our privacy policy and legal disclaimer. Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you.Before deciding to trade foreign exchange you should carefully consider your investment objectives, level of experience and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you have any doubts.

Opinions expressed at Forex Magnates are those of the individual authors and do not necessarily represent the opinion of Forex Magnates or its management. Forex Magnates has not verified the accuracy or basis-in-fact of any claim or statement made by any independent author: errors and Omissions may occur. Any opinions, news, research, analyses, prices or other information contained on this website, by Forex Magnates, its employees, partners or contributors, is provided as general market commentary and does not constitute investment advice. Forex Magnates will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

©2012 "Forex Magnates Inc. - Home of the Forex Elite" All Rights Reserved.