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Posts Tagged ‘financial regulatory reform’

Whatever Happened to Financial Regulatory Reform?

Posted by Larry Doyle on September 14th, 2009 7:18 AM |

Whatever happened to the grand plans to implement real financial regulatory reform? Has Wall Street received the proverbial ‘get out of jail free card?’ Has our media been an unwitting enabler of lax regulatory oversight and limited transparency? Has Washington once again been ‘bought’ by Wall Street?

In my opinion, America continues to remain at real risk because the answers to all of the above questions is a resounding “Yes!!”

The Obama administration, in the persons of Tim Geithner, Joe Biden, and Larry Summers, is consistently declaring victory in the battle to ‘rescue’ the economy. The fact is, victory is not assured nor will it be enduring when the mechanisms which detonated our nation’s economy largely remain in place . . . and they do.

The administration is ‘selling’ a Fed-induced and Fed-nourished rally in the equity markets as reason for a victory lap. Who is holding them to account? Who is questioning the other ‘wizards in Washington’ as to what has been done and what will be done to prevent a similar meltdown in the future? Regrettably, the American public has allowed both Wall Street and Washington to frame both the debate and the outcome without a serious probe into the failures in policies and procedures which caused our economic crisis.

Today President Obama will make a campaign stop on Wall Street to promote his calls for financial regulatory reform. We will receive the standard platitudes. Obama will likely recruit a few high profile Wall Street executives to support his initiatives or lack thereof. The fact is, Wall Street has been working diligently to make sure that ultimately “business as usual” carries the day.

Will Obama be able to mandate that the largest banks significantly increase their capital ratios? Will Obama be able to mandate that ALL derivative transactions are reported and properly exposed? Will Obama be able to mandate that the regulatory bodies, specifically the Wall Street self-regulatory organization FINRA, are totally transparent? Will Obama be able to mandate that Wall Street compensation is fully aligned with the accompanying risks embedded within these financial behemoths? Will Obama be able to mandate that the reform of the ratings process on Wall Street have real substance?

The answers to these questions will very likely be seriously diluted by the massive Wall Street money machine which largely owns Washington. In order for the American public to receive real regulatory reform, we need legislators and regulators unshackled from the Wall Street lobby.

The American public does not need campaign stops, photo ops, and platitudes on this topic of financial regulatory reform.

I maintained on May 18th, “Future Financial Regulation: Not a Question of Sufficiency, But of Transparency and Integrity.” I wrote:

If Washington truly wants to address the regulatory failures in this area, I strongly encourage them to incorporate FINRA Is Supposed To Police the Market andNASD Knew Auction Rate Securities Weren’t Cash as compelling evidence of a massive regulatory failure which has had enormous costs, monetary and otherwise.

Will the media give the Wall Street, Washington, and regulatory triumvirate a pass as they pander about sufficiency when in fact the real regulatory question is one of transparency? In my opinion, the very future of capitalism and free markets lie in the wake.

My feelings and opinions on this topic are even stronger today.

LD

Sense on Cents Asks Again, “Who Regulates the Regulators?”

Posted by Larry Doyle on September 13th, 2009 11:25 AM |

On June 19th, in writing, Who Protects Investors from Regulators? I concluded,

Sad but true, as we enter the Brave New World of the Uncle Sam economy, investors need to remain diligent and should not assume that regulators are necessarily protecting them.

In my commentary that day, I specified shortcomings at the SEC and FINRA.

This morning, I am both heartened and dismayed by Gretchen Morgenson’s article in the Sunday New York Times Business section. Ms. Morgenson writes, But Who Is Watching Regulators?

I commend Ms. Morgenson for addressing a topic which receives little focus by the media at large. As such, I strongly recommend reading it. Ms. Morgenson pens:

Senior regulators who stood idly by for years as financial firms built their houses of cards have been rewarded with even bigger jobs or are jockeying for increased responsibilities. The Federal Reserve Board, for example, wants to become the financial system’s uber-regulator, even though its officials did nothing as banks made deadly decisions to lend recklessly and leverage themselves to the max.

Awarding increased power to those who failed in their oversight duties flies in the face of all notions of accountability.

Additionally she asserts:

Yet those in the public sector ask us to believe that regulators who snoozed during the credit bubble will be alert to emerging problems on their beats when the next mania begins.

That’s asking a lot, isn’t it?

Here’s a novel thought. Instead of creating more regulations to try to prevent this kind of mess from recurring, why not figure out how to hold regulators accountable when they perform as poorly as they did in recent years?

I am with Ms. Morgenson and pulling for her to ‘finish the job’ and call out specific regulators and specific regulatory bodies. I was so hopeful that this was the article that would call out Mary Schapiro (current head of the SEC), and Richard Ketchum (current head of FINRA) and take them to task for not providing real transparency at FINRA (Financial Industry Regulatory Authority), the Wall Street self-regulatory organization. (more…)

Is the Securities Investor Protection Corporation (SIPC) a Mere Facade?

Posted by Larry Doyle on August 11th, 2009 4:55 PM |

What good is insurance if after the storm you do not get paid? What good is insurance if the premiums charged are so badly mispriced that they misrepresent and do not cover the embedded risks? Welcome to the world of the Securities Investor Protection Corporation.

Is SIPC a mere facade presented by the Wall Street titans?

Let’s get the take of those who recently relied upon SIPC to fulfill its obligations. To whom do I refer? The victims of the Madoff scam.

If these investors were not protected, then how are we to believe that other investors will be protected on a going forward basis?

Why do I make that statement? None other than current head of the SEC Mary Schapiro addressed this topic in recent Congressional testimony. In a press release put out by Madoff victims, Schapiro admitted that SIPC did not have sufficient funds to pay all of the Madoff claims.

Who funds SIPC? The Wall Street banks. Yes, those banks that have been printing massive revenues and believe that they are back to ‘business as usual.’ Why aren’t the premiums immediately increased on these institutions to properly compensate Madoff victims?

To the extent that certain Madoff investors were aware of the Ponzi scam, obviously they should not receive restitution. I have to believe that number is in the distinct minority.

Given the general lack of confidence in our financial regulators,(the SEC and FINRA) would Congress have the heart and courage to take on the financial behemoths on Wall Street in an attempt to protect the investing public?

These questions and issues lie at the core of badly needed financial regulatory reform. Yes, that reform which seems to be on the back burner now that the markets have rebounded and Wall Street is printing money once again.

Make no mistake, though, that pot is still boiling and these questions need to be fully addressed and answered to the public’s satisfaction.

For a deeper understanding of these questions from the perspectives of the victims of the Madoff scam, please read this recent press release from the Bernard Madoff Victims Coalition. Click on the image below to access a PDF of the full 2-page press release. Let me know what you think.

LD






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