Yes, I am very interested in how the whole legal claims process will play out.
It may serve to be a landmark case of sorts.
In his tearful video to the clients, just about everything he says is a lie.
I can't go through the list as it is just way too long.
But, the first lie is to keep referring to his "operation"(?) as a "hedge fund".
In no way is it any form of hedge fund.
It is a "faux" money manager who has convinced some 290 people to sign over power of attorney to manage "individual" accounts.
There is no "fund" here. If there were, then at worst, everyone would have lost 100% of what they invested, and no be responsible for any further margin calls which they all are now, because it is in everyone's "individual" names.
So, he has no liability, as of yet (let's see how creative the lawyers turn out to be), and the customer, as the account is in "their" name only, has 100% full liability for everything that has been done in their name.
He cites the Wall Street Journal article of a few days ago which highlighted these recent black swan moves in crude and gas, and lies by saying that so many other "hedge funds" lost everything, and their livelihoods as well.
He is in no way a hedge fund, and any "real" hedge funds that deal in energy products are probably operating in a sophisticated manner, with a full staff of "quants" creating "real" hedges, so maybe those funds are down for the month, maybe they even caught the other side of this as they saw it coming, who knows.
But, the only way to land where this guy did was to do exactly what he did, which is to just sell naked options with ZERO form of hedges in place, and no plan for risk control.
He simply rolled the dice with other peoples money, and after having the statistical odds play out in his favor , as they tend to do for quite awhile, rather than be happy, and consider himself very lucky to have not blown up after 5-6 years, he did what kills everyone in this manner...he got greedy.
He just sold far, far OTM puts and calls for pennies, and the inevitable happened. He should have know what the statistics were and that his time was running out.
I don't believe that anything , to this degree, has happened to any "legitimate" energy fund during the past weeks..
The fact that he still has offices, and staff to answer the phones,and has to pay all of those expenses with whatever money his firm still has, means that there are assets that can be gone after by the "class action" law firm who , I'm sure, will know how to navigate this very well.
I'm interested to see if any culpability is going to be found on the part of the clearing house (FC Stone) for being a "knowing" contributor, and looking the other way while client's IRA"s were trading in a manner which is not legal to do.
I REALLY hope this does not wind up with some regulatory fallout which could affect, and alter, the SPAN margin rules and ruin it for everyone.
Just like most people here, as an absolute rule, I never have positions with open ended risk.
I don't even like to do ratio's.
I haven't seen anything in many years that reminds me, as much as this episode has, that even though these things almost never happen...tomorrow it could.