CHAPTER 2
What to Look for in a Broker

Before you trade any financial instrument, you must open a brokerage account. Yes, more paperwork! But for many, that is not the worst part. There are many terms and concepts embedded in the paperwork that are foreign to most new investors. And there are many warnings as to the risks of various types of investments. In fact, there are additional risk disclosures specific to options you must read and sign when you open an account that allows options trading. But what brokers do not warn you about are the risks that are inherent in choosing the right brokerage firm. What do I mean by that? Let's explore the topic in more depth.

Brokerages versus Banks

Most people are comfortable putting their money into banks. They are sure that when they drive to their local branch and ask for $300 to do some shopping, the bank will comply. They are also comfortable that when they choose to withdraw large percentages of their accounts, the bank will not have a problem coming up with the funds. This is particularly true for larger banks. Despite some times of distress, such as our most recent financial crisis of 2008-2009, the fact that the government-run FDIC (Federal Deposit Insurance Corporation) insures accounts for up to a total of $250,000 for each deposit ownership category in each insured bank lends further security to the depositor. But what do banks do with your money when you deposit it? If you are to be truly comfortable, shouldn't you know what happens with it when you drop it off? Well, very soon after you drop your money off, the bank is out loaning it to someone else or to some other business. Of course, everyone who has heard George Bailey in It's a Wonderful Life proclaim, "I don't have your money. It's in Tom's house . and Fred's house" knows that! It is what banks do. That is their business. And it is for this exact reason that 2008 and 2009 were such terrible years to be a bank. The real estate crisis put tremendous stress on banks' balance sheets as many loans became uncollectable. And it is for this reason that the government insures bank accounts. So, why am I convincing you of the safety of your bank account when we are talking about brokerages? Well, in my opinion, if you choose the proper brokerage, your money is even safer there. When you deposit funds in a brokerage account, your financial institution has a legal obligation to segregate your funds into a separate account for your benefit. In other words, your funds will not be at risk if Tom or Fred loses his job and cannot pay back his loans. Furthermore, though the FDIC does not cover your account, it is in fact covered by SIPC (Securities Investor Protection Corporation). And it is covered for $500,000, $250,000 of which can be in cash. In total, it is covered for twice that of your bank account. Of course, this protection does not extend to trading losses or fraud. (We will get back to this point.) Rather, it covers you against your brokerage firm going bankrupt due to less nefarious reasons. But SIPC is not a government-run (or funded) corporation. It is funded by the member firms that are covered by SIPC. So, though SIPC is there to protect you, just as when you choose a bank, there is no reason to tempt fate. You do not want to rely on the "safety net" under your account. So, let's look at further steps you should explore to protect your money.

Depth of a Broker's Pockets

Just as the small, local bank down the street is enticing, but fails to have as much "room for error" as the large bank in town, a large brokerage firm is generally a safer bet with less risk of losing your funds. Though I suppose that statement can be subject to debate, let me explain my reasoning. First, large brokerages, by definition, have deeper pockets. Thus, just as JP Morgan Chase was able to easily withstand losses from the "London Whale's" trading as a result of its deep pockets, a large brokerage can likewise withstand losses caused by errors. Furthermore, large brokerages do not start out as large institutions. They have paid their dues and are usually run by experienced industry professionals with expertise far beyond those of most small firms. They have generally also "vetted" their policies and procedures to be sure they are proper and safe and work in all (or virtually all) market conditions. Larger firms also generally have instituted what we call "enterprise risk management policies and procedures." These are designed to add safety against all known risks to the firm. But the risks that I pay closest attention to and that I have the most exposure to are those related to trading.

Trading Risk Management

If you have been around floor traders for any length of time, one comment you might have heard is, "My clearing firm's risk managers are pains in my behind!" I cleaned up the language (more than a little), but you get the point. This is one area in which I believe professional traders are misguided. For me, I am happy when the risk manager calls. In fact, before I open an account, most of my questions for the sales team center around their trading risk management policies and procedures. And once my account is open at a firm that I have little experience with or knowledge of, the first thing I do is run up my risk just beyond my limit. Why? I want to be sure the trading risk managers are on the ball. If they do not call me, I do not consider it a courtesy or a blessing. Quite the opposite! If they are not calling me concerning my risk, they are not calling others about their risk either. A market breakdown could then put the firm at risk of losses beyond their ability to cover, thereby putting everyone's money at risk. After a phone conversation and a quick covering of my risk, I will try the process over again. If they fail the second test, I close my account and move my money elsewhere. This has happened twice to me in my career. And if you are a less experienced trader, you should take comfort in the fact that a seasoned, knowledgeable professional who understands your risk better than you do is watching your back.

Of course, there are other considerations. One brokerage firm I have dealt with has a very quick "trigger finger" and will cover your risk for you without even a single phone call. Though this is preferable to not calling at all, it can subject you to losses you might not need to incur. There is a commonsense balance I want my brokerage risk managers to maintain. I want them to let me know when my risk is too large, but I want to have the opportunity to cover my own risk, providing I do so quickly.

Learning from Recent Events

Previously, I mentioned that brokerages are not insured against trading losses or fraud. We have had two recent examples of this, and they have shaken the faith of some investors with respect to brokerages. First, there was the bankruptcy of MF Global on October 31, 2011. MF Global was known in the trading world as a large futures clearing firm, though it had a multifaceted business. Ultimately, MF Global violated the segregation of funds law we discussed earlier and dipped into customer funds to cover its own obligations. What led to their shortfall? Purportedly, they had lost hundreds of millions of dollars purchasing sovereign debt from some of the countries mired in the European debt crisis (Spain, Italy, Portugal, Belgium, and Ireland). So, not only are you not insured against your own losses, but also you are not insured against losses incurred by your brokerage firm. This is why I stress getting a firm with deep pockets and good trading (and enterprise) risk management experience and procedures. Ultimately, investors recouped around 93 percent of their money from the firm.

On July 10, 2012, Peregrine Financial (also known as PFGBest) filed for bankruptcy. Unlike MF Global, Peregrine went bankrupt for a much more nefarious reason. Their CEO, Russell R. Wasendorf Sr., admitted to embezzling money from customer accounts over a period of 20 years. How did he get away with it for so long? He became very adept at forging bank statements, and he set up a false address for a bank so that NFA (National Futures Association) regulators thought they were receiving "proof" of his accounts. In truth, he was forging inflated bank statements to hide his embezzlement and was fraudulently creating false statements on a daily basis for regulators. For his efforts, after a failed suicide attempt and a guilty plea, Wasendorf received a 50-year jail sentence, the maximum allowed by law.

Once again, my goal here is not to frighten you, but rather to make you aware that you need to do your due diligence when choosing a brokerage firm. Fortunately, with each "failure," regulators learn more and become more adept at their jobs. Personally, I have not lost one second of sleep about the safety of my funds in the brokerages with which I currently have accounts.

Account Types

Though there are various ways to break down account types, I will stick with the three types that are applicable to options trading. So, for our purposes, we will categorize accounts as the following:

1. Cash
2. Reg-T Margin
3. Portfolio Margin

Cash Accounts

Perhaps the most common type of cash account is an IRA. You can get permission from your broker (after signing all those risk disclosures we discussed) to trade options with the following...