Below please find the CCC's Claim form guide for futures customers, as well as a transcript of our claims form Q&A session from our Monday October 8, 2012 conference call.
Claim Filing instructions:
CLAIM FORM GUIDE AND FAQ FOR PFGBEST FUTURES CUSTOMERS
CCC Call Q&A
This is a transcript of the Monday October 8, 2012 CCC call Q&A session on the PFGBest claims forms. Thanks to CCC Board Member Hillary Escajeda. Please forgive errors and omissions.
- Area 305 – what is the process for retrieving funds when bulk transfer takes place? Once funds transferred, customer should be able to request funds be returned/transferred.
- What are the customer priorities and the hiccups? Customer priorities have not been established in MFG or PFG cases.
- Question for Steve Bobo – How did he arrive at 50-60% return? Steve emphasized that his estimate is aspirational. Steve explained that the Trustee must act conservatively and there is likely upward room. Steve anticipates that the Trustee will recover funds over time.
- PFG -- Accounts regardless of size will receive bulk transfers (except for suspicious accounts).
- Area 719 – What are vulture firms paying for PFG claims? Per John, 35 cents as of today. Do the funds go back to Millennium or held at Vision? Susan advises that they consult directly with Millennium Trust?
- Area 510 – Claim form for futures/amount? If amount in account was $100k but when positions were liquidated the account was $99k, what should customer claim $100k or 99k? Per Susan, claim what is on statement rather than what might have been to expedite claims forms.
- Area 336 – CME farmer/rancher insurance fund. Only applies to farmer/ranchers. Requires pre-registration before FCM insolvency. Very important that customer uses most recent version of Adobe to complete forms.
- Area 212 – Include last statement with claim form. When company takes over another company, should there be some sort of auditing of take-over entity? Per James: Since PFG was regulated entity, there is probably no liability for purchased company executives (Aleron?). Since PFG was the acquiring entity, there was likely no duty by Aleron’s executives.
- Area 714 – Caller said she made donation to CCC last week for doing such a great job. What is the time frame for litigation? Answer: hard to tell, but likely many years.
- Area 831 – Curiosity question – how was Vision chosen? High bid process. Vision only entity that put bid for all accounts.
- Area 623 – CME Farmer/Rancher fund resulted in ratings hit on CME. Would CME be willing to assist with legal fees? Per John, CME’s response has been inadequate. It will require cooperation industry-wide or legislative mandate to provide best customer protections. In terms of retroactive relief, CME will not do anything.
- Area 425 – Account transfer process: Any way to determine how much will be transferred? Per James, probably no pre-transfer notices but if there are issues, customers can address afterwards on claims forms. Legal issues: Any way to get funds from NFA or CFTC? No recourse against CFTC since has governmental immunity. To be determined whether NFA will be held liable.
- Area 818 – Any discussion about customers who just funded accounts? Per Steven, anyone who has money in account as of petition date will be treated as customer for entire time and will receive pro rata distribution.
- Area 419 – Will IRA accounts will be transferred to Vision? Yes. If customer has metals in vaults, will they receive preferable treatment? Per James, no determination on treatment of these assets.
- Area 361 – Question on claims form. Amount to be included should be based on last statement. If customer does not agree with value, then should fill out rest for form.
- Area 360 – Question about address changes – Customer should include new address with note that it is a new address. On PFG website, customer should e-mail trustee with change of address in subject line.
- Area 224 – All accounts > $1k will be subject to bulk transfer. For approximately 350 accounts with questionable identification numbers will not be subject to bulk transfer.
- Area ___ -- Question about joint account. All parties must sign. Current estimate 50% of recovery – over time.
- Area ___ -- Customer has ROTH IRA and taxable account. Customer must file claim for all accounts.\
- Area 509 – Customer has 6 IRA accounts. Had questions about Custodian information. Taxpayer ID is of the Custodian. Important to check trustees’ website.
- Area 248 – Was Vision checked out with Rapid Ratings before transfer? No, Vision was not checked out by Rapid Ratings. Trustee has required that funds be segregated.
- Area 720 -- $1k threshold for transfer based on PFG account size? Yes
- Area 248 – Address for PFG trustee available on CCC website.
- Area 912 – Tax deductibility of losses. CCC to request safe harbor treatment of PFG losses. Recommend that customer work with qualified tax professionals on how to treat losses.