The following information is a Web Extra from the pages of Top Producer. It corresponds with the article "Don't Let Your Broker Break You." You can find the article in Top Producer’s February 2014 issue.
Farmers, are your commodity accounts safe?
Do you know how the person or firm that holds a large amount of your funds and is a key part of your financial planning and stability is regulated?
You should be concerned – they are self regulated. The National Futures Association was formed as a non-profit Delaware corporation that is not registered to do business in the state of Iowa.
This organization a membership of commodity brokers has realized a profit of nearly $13 million last year, and built their holdings to almost $68 million while being exempt from taxes. They paid out salaries of approximately $35 million to 320 employees. This information is from their website on the NFA’s published financials. The CEO Dan Roth is reported to have received over $700,000 in salary and compensation while many farmers suffered huge losses from the Pereiginne Financaial collapse and the MF Global event.
It is apparent the brokers were not following the rules, especially the PFG Best, which was reported to have gone on for almost 20 years Where were the regulators? They should be held accountable to the public for suffering huge losses.
The government agency, Commodity Futures Trade Commission, oversees the National Futures Association. They are up for reauthorization before the Congress this next session. You, as the public or farmers, should voice your concern to Iowa Senators and Agriculture Committee members Tom Harkin and Chuck Grassley.
You should also contact an organization like Farm Bureau and tell them you want the industry regulated in a fair and effective way. The regulators should be held responsible to protect the public and ensure your accounts are safe. You have rights in a conflict over a broker’s activity.
I went through the process of a broker not following the industry rules in handling my account. The actions led to a loss of almost $600,000 for myself – life changing. I, as the person filing the complaint, cannot see the broker’s version that he gave to the investigator in defense of his illegal activity.The NFA calls that non-public information.
How can his version be held accountable when he knows he can tell the investigator anything, with no other person having the opportunity to review, rebut or discredit his version? This is not a very transparent investigation. This can lead to "protecting thier own." Remember, the NFA is self-regulated by themselves. In my opinion, this is not an effective way to ensure justice for the protection of your funds and financial stability.
Please talk to other farmers and your organizations, congressman and state oficials.
Become informed about this issue.
-- Doug L. Bell, Iowa farmer