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Posts Tagged ‘regulators’

Finger Pointing and Payoffs

Posted by Larry Doyle on April 9th, 2010 9:12 AM |

Who in America is going to stand up and accept appropriate culpability for his/her contribution to our current economic crisis? Who in America is also willing to expose the incestuous nature of the Wall Street-Washington relationship which provided the cover for the activities which have debilitated our nation?

Let’s review what we have learned so far:

1. Blame has been directed at bank executives…but they got paid handsomely, and have not accepted full responsibility.

2. Blame has been directed at ratings agencies….but they also got paid handsomely to provide ratings, while not really knowing what they were doing. (more…)

Real-Time Information Is “Everything” on Wall Street

Posted by Larry Doyle on October 7th, 2009 3:45 PM |

One of the overriding reasons why I left First Boston in 1990 to join Bear Stearns was Bear’s advanced real-time risk management system. This system allowed me the ability to more proactively manage my trading risk. In the process, I was able to take more risk in the pursuit of greater profit. I became familiar with Bear’s system during the recruiting and interviewing process and was flabbergasted to realize how far behind First Boston was in its capabilities.

Real-time risk management and real-time data processing are critically important for thorough and proper oversight of any financial enterprise. A regulator will be lost in an attempt to maintain market oversight without the proper systems and access to real-time data.

Having heard and read of the systems deficiencies at both the SEC and FINRA, I am concerned at how far behind the curve these regulators are right now and how long it will take for them to recover.

While pondering this topic, I read in Securities Industry News that the SEC is looking to capture real-time data on derivatives transactions. This commentary, SEC Wants to Gather Real-Time Data on Swaps, addresses the exact topic I broached on July 17th in writing, “Can We ‘TRACE’ JP Morgan’s Business?” I wrote:

There is little to no transparency in the world of customized derivatives and as a result the bid-ask spreads are very wide. Cha-ching, cha-ching. Jamie (Dimon) and his friends on Wall Street are working extremely hard to keep it this way.

In their defense, it is likely not functionally feasible to move many customized derivatives to an exchange. What should regulators compel them to do? JP Morgan and every other financial firm on Wall Street should have to report every derivatives transaction to a system known as TRACE, which stands for Trade Reporting and Compliance Engine.  This system currently only covers transactions within the cash markets and not derivatives.  What does that mean for investors? No transparency and price discovery for investors in the customized derivatives space. As such, Jamie and friends can keep those bid-ask spreads nice and wide and ring up huge profits in the process.

Securities Industry News writes:

The Securities and Exchange Commission told Congress today to grant regulators “direct access to real-time data” on credit default swaps (CDS) and other derivatives.

The request comes, the agency said, because the lack of such information hampered its efforts to investigate potential fraud and market manipulation in the over-the-counter (OTC) derivatives markets during last fall’s financial crisis.

The SEC’s enforcement actions in investigating market manipulation in OTC derivatives “were seriously complicated by the lack of a mechanism for promptly obtaining critical information – who traded, how much, and when – that is complete and accurate,” said Henry Hu, the director of the SEC’s new division of risk, strategy and financial innovation, in written testimony to the House Financial Services Committee.

Hu testified that “data on securities-related OTC derivative transactions were not readily available, and needed to be reconstructed manually.” He asked Congress to expand the SEC’s inspection authority over trade data repositories and clearinghouses for derivatives.

The comments represented a rebuke to industry efforts aimed thus far at making more information on CDS and other OTC derivatives data more readily available.

What do we learn here? Information is EVERYTHING!! Wall Street is fighting tooth and nail to protect its golden goose within the derivatives space by hoarding this information.

Why is the SEC even asking for the information? If anybody in Washington truly had a set of cojones, they would merely TELL Wall Street how it is going to work going forward . . . take the information, and fulfill their responsibility to protect the public interest.

LD

Did Uncle Sam Intentionally Mislead the American Public?

Posted by Larry Doyle on October 5th, 2009 12:40 PM |

“You can’t handle the truth!!”

While the above line by Jack Nicholson in A Few Good Men may have made for good theatre, it makes for lousy public policy. Regrettably, Uncle Sam has utilized that approach in its initial disbursement of funds via the TARP (Troubled Asset Recovery Program).  That opinion is not strictly mine (although I do agree with it), but rather that of Neil Barofsky, the inspector general charged with overseeing the bank bailouts.

The New York Times sheds light on Barofsky’s feelings this morning in writing, Inspector’s Report on Bailouts Says Treasury Misled Public:

The inspector general who oversees the government’s bailout of the banking system is criticizing the Treasury Department for some misleading public statements last fall and raising the possibility that it had unfairly disbursed money to the biggest banks.

A Treasury official made incorrect statements about the health of the nation’s biggest banks even as the government was doling out billions of dollars in aid, according to a report on the Troubled Asset Relief Program to be released on Monday by the special inspector general, Neil M. Barofsky.

There is NO doubt that Uncle Sam, in the persons of Hank Paulson, Ben Bernanke, Tim Geithner, Larry Summers et al, has little confidence that the American public can handle the truth about the overall health of our banking industry.

That said, the lack of transparency and integrity as highlighted by Mr. Barofsky does not come without a cost. What is that cost? Lessened confidence in our regulators and our markets going forward.

I addressed these very topics of financial regulatory transparency and integrity on my radio show last evening. In the process of interviewing former SEC attorney Genevievette Walker-Lightfoot, I made the following comment in regard to the statement put forth a month ago by SEC Inspector General David Kotz dealing with the SEC’s failures on the Madoff investigation. I said:

If that is the kind of face saving self-serving approach, people are going to call foul on it. The real cost is, and I think we are bearing this cost right now whether with the SEC or with FINRA, if you’re not going to be honest with us how can we fully trust that you’ll be honest on a going forward basis?

Now I’ll grant you I guess we don’t have much choice. What are we going to scrap the entire SEC or scrap the entire FINRA and start from scratch? Some people may say that’s what we want to do, but that’s obviously not going to happen.

It does get to the point where there’s got to be total transparency. There’s got to be total integrity. There’s got to be total accountability and if people haven’t done the job or are incapable of doing the job then you know what, for the long haul – and I’m not talking about the next six months but rather the next ten, fifteen, twenty years – people got to go and other people got to come!!

Genevievette Walker-Lightfoot responded:

“I agree. That’s true.”

How about you, what do you think? Can you handle the truth? Wouldn’t you like to be given the opportunity?

LD

Note: the views expressed by Genevievette Walker-Lightfoot during last night’s show are her own personal views and do not in any way reflect her position as an employee of the Federal Reserve Board.

How Wall Street and Washington Betrayed America!!

Posted by Larry Doyle on March 4th, 2009 11:03 AM |

fitz_03_06_banks4
While politicians, bankers, regulators, and commentators can and will point fingers as to where and how our system of financial oversight broke down, make no mistake it was due to too many people making and taking too much money!! I have highlighted the grotesque system of lobbying that has developed and corrupted our society in More Legalized Bribery.  

We watch daily hearings on Capitol Hill in the spirit of doing what is right for our country. Please!! Spare me the nonsense and pandering. While collectively we deal with markets that are now down over 50%, the pols and the bankers have effectively robbed the bank and left the taxpayers with the bill to clean up the mess.  Barron’s wrote a brief piece on this topic: how the Financial Sector Spent $5 Billion Lobbying Washington Over the Last Decade!! 

It is high time we attach names and faces to those politicians and lobbyists who fed at this trough!!

LD






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