Risks To Image: Issues With Supervision Of Non-banks

The following press notice was issued this week, and raised more than one of my eyebrows.

NFA permanently bars Barbados futures firm and bars principal for three years

January 27, Chicago - National Futures Association (NFA) has permanently barred Kingz Capital Management Corporation (KCM) from NFA membership. KCM was registered as a Commodity Trading Advisor and Commodity Pool Operator located in Barbados. NFA also barred David M.S. Krywenky, the firm's principal, for three years.

The Decision, issued by an NFA Hearing Panel, is based on an NFA Complaint filed in September 2009 and a settlement offer submitted by KCM and Krywenky.

The Complaint charged KCM and Krywenky with failure to uphold high ethical standards and failure to supervise. The Complaint also charged KCM with cheating, defrauding or deceiving another person or attempting to do so.

Following his three-year bar, if Krywenky applies for associate NFA membership with any NFA Member, he must pay a $25,000 fine.

The complete text of the Complaint and Decision can be found on NFA's website (www.nfa.futures.org).

NFA is the premier independent provider of innovative and efficient regulatory programs that safeguard the integrity of the futures markets.

Regulation of so-called 'non-banks' in Barbados is weak and unless the government and central bank act quickly to set up the Financial Services Commission to do this, we could be looking into a shattered mirror, as Barbados' current reputation as a solid jurisdiction based on a conservative approach to regulation of banks, becomes that of a rogue jurisdiction, because of the poor regulation of non-banks.