banking regulation

You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (704)
Download WMV Download Quicktime
PLAYS: (7228)
Play WMV Play Quicktime

What is it with these Republicans who constantly pretend they want to clean up a system, but when it comes to the specifics, they really just want to keep the status quo. While discussing what needs to be done to fix Wall Street, David Frum expresses his concern for throttling "the creativity of the system". As Naomi Klein and Eliot Spitzer point out to him, it was exactly that "creativity" that got us into the mess we're in now.

FRUM: The fix is here. There's a -- let's do -- there are technical fixes, the kinds of things I've said about the way banks hold their securities.

And then, be careful about doing too much, because you can throttle something that I think is precious to everybody, which is the creativity of the system.

SPITZER: Well, let me respond. I got it. Not to make this partisan, but...

(LAUGHTER)

... statutes don't work. Enforcement does.

We have had for 15 or 20 years an absence of enforcement, except with a few nodes of activism, which gets beaten down over time.

What we need is adherence to very simple principles of ethics and transparency in the marketplace. And then, it would work.

ZAKARIA: On that note, we are going to take a break and come back, and discuss all of this and more. We will be right back.

Continue reading »



You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (588)
Download WMV Download Quicktime
PLAYS: (1979)
Play WMV Play Quicktime

For anyone that didn't catch it, go watch Moyers' interview with David Corn and Kevin Drum:

America's big banks are back on top. Just a year after their financial gambles brought the American economy to the brink of collapse, requiring a massive federal bailout, they're back in the black and paying themselves healthy bonuses. With so many Americans facing economic hardship, the banks' good fortunes have led to resentment and even some rage among those outside the financial industry. Yet, according to Washington watchers — and sheer dollars spent — the banking industry lobby remains among the most powerful in the nation's capital.The latest issue of MOTHER JONES magazine looks into this discrepancy, calling it the "accountability deficit." The magazine commissioned a series of articles investigating why no one has been brought to account for crashing the economy. Two contributors to the issue, David Corn and Kevin Drum, join Bill Moyers on the JOURNAL to explain how the banking lobby continues to hold so much power in the nation's capital.

Here is Bill's commentary following the segment.

Continue reading »


You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (573)
Download WMV Download Quicktime
PLAYS: (597)
Play WMV Play Quicktime

Today President Obama had a meeting with a group of leading bankers -- CEOs from firms like Bank of America, J.P. Morgan Chase, and Goldman Sachs -- to talk about the need for banks to start getting the money that's going into banks' reserves right now start flowing into the economy in the form of lending activity.

But Obama also talked about the bigger picture -- namely, the absolute need to reinstate many of the financial-sector regulations that were torn down in the past decade and more, which led to the economic disaster we're now trying to recover from:

We also discussed the need to pass meaningful financial reform that will protect American consumers from exploitation and American -- the American economy from another financial crisis of the kind which we just came out of.

I noted the resistance of many of the financial sectors to these reforms -- the industry has lobbied vigorously against some of them -- some of these reforms on Capitol Hill. So I made it clear that it is both in the country's interest -- and ultimately, in the financial industry's interest -- to have updated rules of the road to prevent abuse and excess. Short-term gains are of little value to our banks if they lead to long-term chaos in the economy.

And I made very clear that I have no intention of letting their lobbyists thwart reforms necessary to protect the American people. If they wish to fight common-sense consumer protections, that's a fight I'm more than willing to have.

The way I see it, having recovered with the help of the American government and the American taxpayers, our banks now have a greater obligation to the goal of a wider recovery, a more stable system, and more broadly shared prosperity.

So I urged them to work with us in Congress to finish the job of reforming our financial system to bring transparency and accountability to the financial markets; to ensure that the failure of one bank or financial institution won't spread throughout the entire system, and to help protect consumers from misleading and dishonest practices with products like credit and debit cards, with mortgages and auto and payday loans.

Now, I should note that around the table all the financial industry executives said they supported financial regulatory reform. The problem is there's a big gap between what I'm hearing here in the White House and the activities of lobbyists on behalf of these institutions or associations of which they're a member up on Capitol Hill. I urged them to close that gap, and they assured me that they would make every effort to do so.

In the end, my interest isn't in vilifying any one person or institution or industry; it's not to dictate to them or micromanage their compensation practices to ensure that consumers and -- my job is to ensure that consumers and the larger economy are protected from risky speculation and predatory practices, that credit is flowing, that businesses can grow, and jobs are once again being created at the pace we need.

Susie already pointed out the latest Paul Krugman column on this very subject, complete with a history lesson:

America emerged from the Great Depression with a tightly regulated banking system. The regulations worked: the nation was spared major financial crises for almost four decades after World War II. But as the memory of the Depression faded, bankers began to chafe at the restrictions they faced. And politicians, increasingly under the influence of free-market ideology, showed a growing willingness to give bankers what they wanted.

The first big wave of deregulation took place under Ronald Reagan — and quickly led to disaster, in the form of the savings-and-loan crisis of the 1980s. Taxpayers ended up paying more than 2 percent of G.D.P., the equivalent of around $300 billion today, to clean up the mess.

But the proponents of deregulation were undaunted, and in the decade leading up to the current crisis politicians in both parties bought into the notion that New Deal-era restrictions on bankers were nothing but pointless red tape. In a memorable 2003 incident, top bank regulators staged a photo-op in which they used garden shears and a chainsaw to cut up stacks of paper representing regulations.

And the bankers — liberated both by legislation that removed traditional restrictions and by the hands-off attitude of regulators who didn’t believe in regulation — responded by dramatically loosening lending standards. The result was a credit boom and a monstrous real estate bubble, followed by the worst economic slump since the Great Depression. Ironically, the effort to contain the crisis required government intervention on a much larger scale than would have been needed to prevent the crisis in the first place: government rescues of troubled institutions, large-scale lending by the Federal Reserve to the private sector, and so on.

But the financial sector -- and their friends in the Republican Party and the conservative movement -- are in complete and utter denial about this, as Krugman went on to explore vividly. Apparently, they're willing to completely wreck the economy all over again just for the sake of hanging onto one of the remaining scraps of conservative dogma -- namely, that deregulation is innately good, because government is innately bad.

The fact is that the financial sector, particularly these big banks, have been flooding the Hill with lobbyists working hard to knock down any attempts to reinstate post-Depression regulations. Just ask Rep. Peter DeFazio, who is trying get the Glass-Steagall Act reinstated.

But because it is so intellectually and ethically bankrupt and so desperate to retain some semblance of power, the American Right is completely in the throes of denialism, which is best defined as "the employment of rhetorical tactics to give the appearance of argument or legitimate debate, when in actuality there is none."

So we get nonsense about the Community Reinvestment Act and how lazy shiftless minorities were the reasons for the Bush Recession.

At some point, the right-wing obfuscation has to stop. You'd think they'd realize it's in their own economic self-interest to stop. But that's like expecting a scorpion not to sting a dog on whose back it's crossing a river.


Thom Hartmann talks to Rep. Peter DeFazio about the effort by members of Congress to restore the Glass-Steagall Act.

From MyDD--Restore the Glass-Steagall Act:

The Glass-Steagall Act of 1933 established the Federal Deposit Insurance Corporation (FDIC) in the United States and provided a strong regulatory environment that largely served the nation and its banking sector well. The law separated commercial banks from investment banks by banning commercial banks from underwriting securities, forcing banks to choose between being a lender or an underwriter but not both. The law was finally repealed in 1999 during the Clinton Adminstration after 12 attempts in 25 years had weaken the provisions. [...]

This week five House Democrats - Maurice Hinchey of New York, John Conyers of Michigan, Peter DeFazio of Oregon, Jay Inslee of Washington, and John Tierney of Massachusetts - will introduce an amendment that would give banks one year to choose between being commercial banks or investment banks. I support this amendment and believe it critical to the future success of the country because it will restore a balance within the finance industry letting commercial banks do what they do and investment banks do what they do.


Byron Dorgan: Let's Revisit Glass-Steagall

You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (76)
Download WMV Download Quicktime
PLAYS: (208)
Play WMV Play Quicktime

From The Ed Schultz Show Nov. 16, 2009. Byron Dorgan ten years after the repeal of The Glass-Steagall Act--let's revisit it. Dorgan talked about splitting up these big investment banks and said too big to fail is too big to exist. Amen brother.


Dodd to Propose Removing Fed, FDIC Supervision

chrisdodd_f3c39.jpg

Interesting. So Dodd's proposal would effectively remove Sheila Bair's role as one of the few senior administration officials advocating for consumers. (We already know bankers don't like her.) Still, it sounds like a few good ideas here, I'll wait to see how this shakes out.

Nov. 10 (Bloomberg) -- Senator Christopher Dodd will propose creating a single U.S. regulator that would strip the Federal Reserve and Federal Deposit Insurance Corp. of bank-supervision authority, said a person familiar with the matter.

Dodd, chairman of the Senate Banking Committee, would eliminate the Office of the Comptroller of the Currency and the Office of Thrift Supervision and fold the Treasury Department units into the new bank regulator, according to the person, who spoke on condition of anonymity because the plan isn’t public. The Connecticut Democrat is scheduled to release a draft of his financial-regulation overhaul plan today in Washington.

“It makes sense to have one regulator that deals with supervision,” Gilbert Schwartz, a former Fed attorney and a partner at Washington law firm Schwartz & Ballen LLP, said in an interview. “You’ll see a real battle by the Fed and the FDIC to retain their supervisory authority.”

Dodd has faulted the U.S. bank regulation system, saying it encourages charter shopping and a “race to the bottom” by agencies to win oversight roles. His proposal goes further than proposals by President Barack Obama and House Financial Services Committee Chairman Barney Frank to merge the OTS and OCC.

[...] Dodd will also propose creating a Consumer Financial Protection Agency, a council of regulators to monitor large firms for disruptive effects on the industry and the economy, and giving the FDIC power to unwind failed firms whose collapse in bankruptcy could shake the economy, the person said.


You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (1492)
Download WMV Download Quicktime
PLAYS: (2849)
Play WMV Play Quicktime

From Charlie Rose on PBS, Andrew Ross Sorkin discusses his new book Too Big to Fail. I highly recommend watching the entire interview if you've got an hour to spare. Wall Street has not learned their lessons even after as Sorkin puts it "they saw the world was about to fall off of its axis".

Watch the full interview here. Transcript here.

ANDREW SORKIN: And part of the thing that’s so interesting about them is they really were thinking ahead. It’s remarkable, at least to me, a board meeting in
Moscow in June -- not in September, in June -- where they are talking...

CHARLIE ROSE: Goldman Sachs.

ANDREW SORKIN: A Goldman Sachs board meeting where they were talking about whether they need to become a bank holding company. Do they need deposits?

At one point they talk about whether they should buy -- are you ready for this -- AIG for the deposits, because they’re thinking if the future keeps going this direction where you need deposits and you need to be the equivalent of a bank holding company, maybe we should buy a company like that. Obviously it doesn’t go anywhere.

CHARLIE ROSE: Is there anything wrong with the fact that when AIG got all that TARP money they had to -- they paid out about $12, $13 billion to Goldman Sachs as a counterpart.

ANDREW SORKIN: I’ve spent an inordinate amount of time asking that question and tracing those two days. And I hope when you read it you really get to feel like you’re there and understand and appreciate what was going on.

And just to give it a little perspective, it really had happened now 24 hours after Lehman and Merrill had gone down, or Merrill had been sold to Bank of America.

The decision to give AIG $85 billion happened in the course of -- the first meeting was 8:00 a.m. Tuesday morning and by noon they decided to do it.

CHARLIE ROSE: Why did they do it?

ANDREW SORKIN: I think they saw the world was about to fall off of its axis. And, in fact, probably -- we were really quite close. And that would have been a very difficult decision.

Now, what they didn’t do was sit around the table, the conversation that we’ve had since then and say "Do you really need to pay out the full amounts to these banks? Could we give them a hair cut?"

CHARLIE ROSE: It was what, $40, $50 million?

ANDREW SORKIN: An extraordinary amount of money to banks throughout the world. And what if we’d gone into restructuring and said we’re not going to give you all this money? They didn’t have time to do that. They never really thought through that process. That never came up.

I mean, the funny and sad part about this entire book is many of the conversations -- the time, the amount of time that they are talking and thinking about these issues are much shorter than the amount of time we’ve been sitting and talking around this table now.

CHARLIE ROSE: How do you explain? Because they didn’t have time?

ANDREW SORKIN: There was no time. They were moving from meeting to meeting. They were running. They were racing. It really is -- it’s not a marathon, it’s a sprint. And they’re running out of their minds.

Continue reading »


You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (153)
Download WMV Download Quicktime
PLAYS: (904)
Play WMV Play Quicktime

Rachel Maddow and Paul Krugman weigh in on Sarah Palin’s misguided talking points in her recent speech to financial executives in Hong Kong. Palin apparently thinks that the solution to our economic mess in the United States is less government regulation rather than more to rein the bankers and Wall Street in for their bad behavior.

As Krugman notes we need more regulation and consumer protections and if we can’t even fix the simple things that should be a no brainer like consumer protections, how are we going to fix the bigger problems?

From Think Progress-Delegates walk out of Palin’s first international speech:

Sarah Palin made her international debut today in a closed-door speech at the CLSA Investors’ Forum in Hong Kong. AFP reports that Palin’s speech, which touched on issues like international terrorism and the U.S. debt, “divided” the audience and even prompted a few delegates to leave in disgust:

Former US vice-presidential nominee Sarah Palin divided an international audience of financial big-hitters at her first speech outside North America on Wednesday with some leaving in disgust. [...]

Some listeners praised her forthright views on government social and economic intervention but others walked out early citing boredom or disgust. [...]

A US delegate leaving early with a colleague said: “it was awful, we couldn’t stand it any longer.”

As Krugman noted during this interview unfortunately Sarah Palin is not that far out of the mainstream of the Republican Party with her views on regulation.


We're going to have to watch this corporatist tool like a hawk. Not as if we didn't have to watch Dodd, mind you, but still:

If Senator Tim Johnson ascends to the chairmanship of the Senate Banking Committee, the biggest winners will be Wall Street, pay-day lenders and credit card companies. The biggest losers: widows and orphans.

No, really.

In late 2006, the South Dakotan spoke out against an effort by his fellow Democrats to cap the interest rates that members of the military pay for short-term loans. "This time it's military. Who's to say it isn't going to be widows and orphans or other sympathetic groups in the future?" he griped in an interview with the American Banker.

That's the man who's next in line to lead the Banking Committee if the current chair, Sen. Chris Dodd (D-Conn.), as expected, vacates the position to take the Health, Education, Labor and Pensions Committee chair left empty by the death of Ted Kennedy.

Meanwhile, Democrats are hoping to push through the most sweeping financial regulations in a generation, including the creation of a government panel that would regulate financial products with an eye toward consumer protection. All of that will have to go through the Banking Committee.

Consumer advocates and backers of a regulation overhaul are deeply concerned that handing the committee to Johnson would be a death sentence for reform.

"He's got a long track record of supporting small predatory loan companies, pay-day loan companies," said one longtime consumer advocate, who spoke on the condition of anonymity because he would have to work with Johnson as banking chair.

In 2003 and again in 2005, Johnson intervened with federal regulators on behalf of pay-day lenders, sending a letter to the Federal Deposit Insurance Corporation,


You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (62)
Download WMV Download Quicktime
PLAYS: (175)
Play WMV Play Quicktime

It's about time. Barney Frank discussing changes in regulation due to be unveiled by the Obama administration. The Wall Street Journal has more: Details Set for Remake of Financial Regulations.

President Barack Obama is expected Wednesday to propose the most sweeping reorganization of financial-market supervision since the 1930s, a revamp that would touch almost every corner of banking from how mortgages are underwritten to the way exotic financial instruments are traded.

At the center of the plan, which administration officials are referring to as a "white paper," is a move to remake powers of the Federal Reserve to oversee the biggest financial players, give the government the power to unwind and break up systemically important companies -- much like the Federal Deposit Insurance Corp. does with failed banks -- and create a new regulator for consumer-oriented financial products, according to people involved in the process.

The plan stops short of the complete consolidation of power that some lawmakers have advocated. For example, it will allow several agencies to continue supervising banks. It also won't place specific limits on the size or scope of financial institutions, but it will make it much harder for large companies to be so overleveraged that they threaten the broader economy.


Obama Is Mulling One Big Agency to Regulate Banks

I'm not too optimistic about this improving matters. How can you ever foresee every potential conflict when they're all in bed with each other? Break these "too big to fail" companies up and make them smaller, that's what I say!

Senior administration officials are considering the creation of a single agency to regulate the banking industry, replacing a patchwork of agencies that failed to prevent banks from falling into the worst financial crisis since the Great Depression, sources said.

The agency would be a key element in the administration's sweeping overhaul of financial regulation, which officials hope to unveil in coming weeks, including the creation of a new authority to police risks to the financial system as well as a new agency to protect consumers, according to three people familiar with the matter. Most of the proposals would require legislation.

"The president is committed to signing a regulatory reform package by the end of the year, and officials at the White House and the Treasury Department are continuing work with Congress on the final phases of a proposal, but there is no final proposal in place and any announcement will not be for a couple of weeks," said White House deputy spokesman Jennifer R. Psaki.

Senior officials have reached agreement on aspects of the plan, according to a person familiar with the discussions.

They favor vesting the Federal Reserve with new powers as a systemic risk regulator, with broad responsibility for detecting threats to the financial system. The powers would include oversight of previously unregulated markets, such as the derivatives trade, and of market participants such as hedge funds.

Officials also favor the creation of a new agency to enforce laws protecting consumers of financial products such as mortgages and credit cards.

And they want to merge the Securities and Exchange Commission and the Commodity Futures Trading Commission, which share responsibility for protecting investors from fraud.

Other aspects of the plan remain under discussion, sources said, speaking on condition of anonymity because they were not authorized to disclose details.

Among these ideas is the creation of a single agency to regulate banks. The new regulator would assume responsibility for the safety and soundness of banks, currently divided among the Fed and three other agencies: the Office of the Comptroller of the Currency, the Office of Thrift Supervision and the Federal Deposit Insurance Corp. The OCC and the OTS would probably disappear, while the Fed and the FDIC would retain other responsibilities.

Under the current system, banks can choose their regulator. Because the OCC, OTS and FDIC are funded by fees from the banks, the regulators have an incentive to compete for business by offering more lenient oversight. The system also divides supervision of the largest financial conglomerates among multiple agencies, each with responsibility for certain subsidiaries, creating gaps in coverage that companies have exploited. Many experts say these failures of regulation contributed to the financial crisis.

Gee, ya think?


Munger: Venal Banks Will Evade Needed Reform

Imagine. These statements are made by one of their biggest shareholders:

May 2 (Bloomberg) -- Berkshire Hathaway Inc. Vice Chairman Charles Munger, whose company is the largest private shareholder in Goldman Sachs Group Inc. and Wells Fargo & Co., said banks will use their “enormous political power” to prevent changes to the industry that would benefit society.

“This is an enormously influential group of people, and 90 percent of that influence is being spent to gain powers and practices that the world would be better off without,” Munger, 85, said yesterday in an interview with Bloomberg Television. “It will be very hard to accomplish the kind of surgery that would be desirable for the wider civilization.”

Munger said policy makers should seek to impose limits on banks that are deemed “too big to fail” after financial institutions worldwide suffered more than $1 trillion in losses. The U.S. government and the Federal Reserve have spent, lent or committed $12.8 trillion, an amount that approaches the value of everything produced in the country last year, to stem the recession.

“We need to remove from the investment banking and the commercial banking industries a lot of the practices and prerogatives that they have so lovingly possessed,” Munger said. “If they are too big to fail, they are too big to be allowed to be as gamey and venal as they’ve been -- and as stupid as they’ve been.”