After a Year, We Have NO Financial Regulation in Sight
The battle being waged to get our healthcare system in order is crucial to the health of Americans, our economy and nation. We have witnessed first hand the difficulty of changing such a massive system. Opponents of reform continue to fight even though studies like this continue to punch holes in their argument.
What then of the near total meltdown of the world financial system?
What will that battle for financial reform look like?
Can there be any doubt congress isn't looking forward to this fight?
Can there be any doubt it'll be bloodier than the healthcare battle?
Can there be any doubt a central issue is 'corporate personhood'?
Can there be any doubt hunreds of millions of campaign dollars will be an extremely contentious issue?
Can there be any doubt principals of the failed system have no business being major players under the current or any future system?
Can there be any doubt that financial industry lobbyists have been hard at work trying to head off reform?
Can there be any doubt proponents of non-regulation have been proven wrong (again)?
Can there be any doubt that here, here, here, here, here, here, here and many more there is substantial examination revealing how serious this is?
Can there be any doubt if this doesn't get truly and properly fixed, the law of the land will be notably characterized by an undisguised inclination to official corruption?
Can there be any doubt the liars will raise the bar to new heights when this battle gets underway?
Can there be any doubt we, as in all citizens, will have to hammer our reps into submission, repeatedly and in very clear language if we expect anything to come of this?
For all of us here who are members of the soon to be over the hill, pushing up daisies gang, this will be the battle of our lives. One last really big one. Get ready. We can't go out without a fight. After all, we are in part responsible for having screwed this pooch. We need to get our pooper scoopers out and clean up the mess before we go home. If we can.
















Yup. This stuff is important, and it's going to be harder. And HERE are the people to hammer over this.
It would be great to get clear about the essential elements of the reform effort. So much will be in the details, but to me (i) the compensation limitations, and (ii) Glass-Steagallish fire-walls, are side-issues. What you really want to see are
- An agency charged with overseeing consumer protections. Consumers currently face very high fees and abusive practices because contractual rights and obligations remain so opaque in the current products offered by banks. We need a 'competitive' financial services sector in the sense that we need competition between banks. And for that to happen consumers need to have easy access to the information necessary for comparing the various products of banks.
- An ability for regulators to wind down insolvent big financial institutions. That involves first and foremost legal authority. But more importantly it involves the ABILITY to wind these behemoths down: having the funds at their disposal to handle short-term liquidity as the assets are sold off, and having a LIVING WILL whereby the bank gives the information necessary about how to wind down their very complex legal-financial structure.
- Some kind of regulation to keep banks from getting too interrelated. The current problem is not necessarily size (AIG's financial products division, which was systemically important, was a small operation). The current problem is that banks are so interdependent through the derivatives market that, if one fails, they all go down. You don't necessarily need to split apart big banks, but you do need to split the big banks apart FROM EACH OTHER.
Anyway, if there is a way to do these three things, I'd be pretty satisfied. With the reduced subsidy as the implicit government guarantee falls away, as competition increases between banks, as the derivatives market shrinks, the end-result will be that the outsized banker-pay shrinks as well.
October 27, 2009 11:02 AM | Reply | Permalink
Thanks for the list Obey. We got a leg up right out of the gate with more Ds than Rs. My rep, a D, is on the committee. He's a first termer but OK so far.
One of the links I gave goes to the Frontline show, 'The Warning', that stilli put us onto the other day. That really covered the derivatives issue very well. If you haven't already viewed it I can recommend it.
You make a good point about how to undo these things and how to manage them when one messes up. That was a huge issue in the fall of 2008 because there was no mechanism at all establishing that process. Treasury was flying blind right from the beginning. In many ways I think that is still true today because I know Geithner supposedly spends a portion of every day in direct consult with key players because there is no established guidance for what they are still working through. That is really a very bad sitiuation because to develop policy on the fly like that out of sight of the public and without congressional oversight raises some serious issues. I don't like it one bit. Mostly because I don't trust any of them.
October 27, 2009 11:34 AM | Reply | Permalink
Haven't seen the Frontline piece. Will find the time.
Have you read the various excerpts from Sorkin's account? It's pretty interesting. The big players really come across as brainless idiots.
A short but useful summary here
http://www.thebigmoney.com/features/book-club/2009/10/20/andrew-ross-sorkin-he-halberstam-or-woodward-wall-st?page=full
October 27, 2009 11:52 AM | Reply | Permalink
the compensation limitations....are side-issues
"Side issue" maybe too kind, maybe more like pap for fools?
Reading this just now
Ex-A.I.G. Chief Is Back, Luring Talent From Rescued Firm
By MARY WILLIAMS WALSH
What regulations are needed and would work is waaay over my head, but just reading this one article, makes me foresee a lot of private companies being "the next big thing."
One thing I do have a little experience seeing is how IRS code is used by non government agents like an instruction manual on how to practice tax minimization, and how much code can become counter productive to the goals of those who wrote it, so I get the general problem.
Lord, we do need really smart people working on this.
Do we have any? Heh, speaking of salaries, will the really smart people work for government salaries on this? Thinking on that, I begin to maybe see a logic in why Obama seemed at times to want to hang on to Geithner and Summers types for dear life, in spite of the the populism problems they present for him politically. Turns out you need some foxes in the henhouse as it were?
October 27, 2009 12:31 PM | Reply | Permalink
Yeah, I've said harsher things about the motives of the pay-czar elsewhere. But one possible upside of these restrictions is that it may incentivize Citi, BofA and AIG to sell off their valuable assets faster (managers want the Czar off their backs). Hopefully they can do it while the current Fed-pumped asset bubble lasts.
I don't know much about the details either, but the gist of the 'living will' policy is that it will force the banks do this 'hard work' of sorting out their own complex legal structure - largely incentivized by the tax-code as you point out. And it will ideally force them to undo alot these bogus structures. So there's that...
As for the problem of foxes and henhouses, I DO know that there are a lot of people in finance with the knowledge and will to do something serious about reforming the system. THEY JUST DON'T WORK FOR GOLDMAN! I don't really believe that Geithner and Summers have had some kind of epiphany over the last couple of years, but they're political animals, so they can be forced to do the right thing if people don't let them get away with any of the usual light-touch crap...
October 27, 2009 12:51 PM | Reply | Permalink
What worries me is the financial marketplace is moving in new directions and doing what it needs to do to make money but on the govenment side (congress / regulatory) they are playing catch up every step of the way. Treasury / SEC can't compete on the compensation side so they have an additional handicap being up against the best and the brightest. Making matters worse is taxpayers have a lot of skin in the game but congress can't assemble a coherent team because of the stupid political bickering. The guys on the other team got their shit together and are going to clean our clocks unless we can get a coach in there who will kick some ass. As I said, after a year we don't even have a friggin' game plan. We're going to get killed.
October 27, 2009 1:21 PM | Reply | Permalink
I don't know much about the details either, but the gist of the 'living will' policy is that it will force the banks do this 'hard work' of sorting out their own complex legal structure - largely incentivized by the tax-code as you point out. And it will ideally force them to undo alot these bogus structures. So there's that...
Thanks,
Buy Bactrim department
November 21, 2009 5:49 AM | Reply | Permalink
Veggie's got a pretty good take on this. The video is worth it and will get you angry (skip to 30s): http://tpmcafe.talkingpointsmemo.com/talk/blogs/rutabaga_ridgepole/2009/10/our-f-word-economy.php?ref=reccafe
October 27, 2009 3:44 PM | Reply | Permalink
oF COURSE the best time to have accomplished this was when the bejeesus had been put into the American a little more than a year ago.
But people like Barney Frank are getting real hot under the collar. 130 billion in bonuses ready to be handed out like last year.
YEAH, ITS TIME FOR ALL GOOD PEOPLE as they say....
October 27, 2009 7:44 PM | Reply | Permalink
573 billion. Thats how much of TARP has been used and no regulations. Unfuckingbelievable.
October 27, 2009 10:02 PM | Reply | Permalink
I don't see what the big deal is, IOKIYABO
This country will remain on its track until campaign financing is only public, and corporate power is checked. There is zero support for either of those things from our "representatives" so I will die at an old age before we see any meaningful changes in the power structure.
Shut up and get back to work peasant, or else you will not have any healthcare.
October 28, 2009 12:03 AM | Reply | Permalink