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Archive for the ‘financial reform’ Category

Matt Taibbi did another wonderful article for Rolling Stone earlier this month.  I highly recommend everyone to read it.  He has followed up with an interview this morning on CSPAN.

 

Illustration by Victor Juhasz

This article originally appeared in RS 1111, on newsstands August 6, 2010. This issue and the rest of the Rolling Stone archives are available via All Access, Rolling Stone’s premium subscription plan. If you are already a subscriber, you can click here for the archives. Not a member? Click here to learn more about All Access.

Cue the credits: the era of financial thuggery is officially over. Three hellish years of panic, all done and gone – the mass bankruptcies, midnight bailouts, shotgun mergers of dying megabanks, high-stakes SEC investigations, all capped by a legislative orgy in which industry lobbyists hurled more than $600 million at Congress. It all supposedly came to an end one Wednesday morning a few weeks back, when President Obama, flanked by hundreds of party flacks and congressional bigwigs, stepped up to the lectern at an extravagant ceremony to sign into law his sweeping new bill to clean up Wall Street.

Obama’s speech introducing the massive law brimmed with celebratory finality. He threw around lofty phrases like “never again” and “no more.” He proclaimed the end of unfair credit-card-rate hikes and issued a fatwa on abusive mortgage practices and the shady loans that helped fuel the debt bubble. The message was clear: The sheriff was padlocking the Wall Street casino, and the government was taking decisive steps to unfuck our hopelessly broken economy.

Read Matt Taibbi’s landmark investigation, “The Great American Bubble Machine.”

But is the nightmare really over, or is this just another Inception-style trick ending? It’s hard to figure, given all the absurd rhetoric emanating from the leadership of both parties. Obama and the Democrats boasted that the bill is the “toughest financial reform since the ones we created in the aftermath of the Great Depression” – a claim that would maybe be more impressive if Congress had passed any financial reforms since the Great Depression, or at least any that didn’t specifically involve radically undoing the Depression-era laws.

Read the rest at Rolling Stone

Matt Taibbi, Rolling Stone, Correspondent

As part of the Financial series, Matt Taibbi goes over his August 19 Rolling Stone article, “Wall Street Wins Big.” The article examines how the provisions in the financial regulations law can prevent a future financial crisis, and how the bill falls short of this goal.
WATCH CSPAN INTERVIEW HERE

Chris Whalen provides a devastating analysis of the Financial Reform legislation, and then goes on to eviscerate the Federal Reserve as regulator.

“Even as the big banks make a public show for the media of implementing the new Dodd-Frank law with respect to limits on own account trading and spinning off private equity investments, these same firms are busily creating the next investment bubble on Wall Street — this time focused on structured assets based upon corporate debt, Treasury bonds or nothing at all — that is, pure derivatives.”

What I resent most about this current climate are the whispering campaigns and not so subtle attacks on the whistleblowers and victims: the unemployed, the homeless, the dislocated. These use stereotypes, character assassination, prejudice, and the darker elements of the human soul.

The better educated and fortunate members of the middle class are too often too willing to stand by and permit this without lifting a finger or saying a word, sometimes because it is to their benefit, or so they think. That is a mistake, because as history as shown, it is only a matter of time before the predators come for them.

Enjoy.

Institutional Risk Analyst
Is Fed Supervision of Big Banks Really Changing?
By Chris Whalen

With the passage of the Dodd-Frank Wall Street reform legislation, many financial analysts and members of the press believe that investment banking revenues and resulting earnings are in danger, but nothing is further from the truth. The Volcker Rule and other limitations on the principal trading and investment activities of the largest universal banks.

It is not own account trading but the derivatives sales desks of the largest BHCs whence the trouble lies. Even as the big banks make a public show for the media of implementing the new Dodd-Frank law with respect to limits on own account trading and spinning off private equity investments, these same firms are busily creating the next investment bubble on Wall Street — this time focused on structured assets based upon corporate debt, Treasury bonds or nothing at all — that is, pure derivatives. Like the subprime deals where residential mortgages provided the basis, these transactions are being sold to all manner of investors, both institutional and retail. It is the perverse structure of the OTC markets and not the particular collateral used to define these transactions that creates systemic and institution specific risk.

One risk manager close to the action describes how the securities affiliates of some of the most prominent and well-respected U.S. BHCs are selling five-year structured transactions to retail investors. These deals promise enhanced yields that go well into double digits, but like the subprime debt and auction rate securities which have already caused hundreds of billions of dollars in losses to bank shareholders, the FDIC and the U.S. taxpayer, these securities are completely illiquid and often come with only minimal disclosure.

The dirty little secret of the Dodd-Frank legislation is that by failing to curtail the worst abuses of the OTC market in structured assets and derivatives, a financial ghetto that even today remains virtually unregulated, the Congress and the Fed are effectively even encouraging securities firms to act as de facto exchanges and thereby commit financial fraud. Allowing securities firms to originate complex structured securities without requiring SEC registration is a vast loophole that Senator Christopher Dodd (D-CT) and Rep. Barney Frank (D-MA) deliberately left open for their campaign contributors on Wall Street. But it must be noted these same firms have a captive, client relationship with the Fed and other regulators as well, thus a love triangle may be the most apt metaphor.

Of course retail investors love the higher yields on complex structured assets. Who can blame them for trying to get a higher yield than available on treasuries, while the Fed keeps rates at historic lows to, among other things, re-capitalize the zombie banks. The only trouble is that the firms originating these ersatz securities, as with the case of auction rate municipal securities, have no obligation to make markets in these OTC structured assets or even show clients a low-ball bid. And because of the bilateral nature of the OTC market, only the firm which originates the security will even provide an indicative valuation because the structures and models behind them are entirely opaque.

In fact, we already know of two hedge funds that are being established specifically to buy this crap from distressed retail investors as an when rates start to rise. The sponsors expect to make returns in high double digits by making a market for the clients of large BHCs who want to get out of these illiquid assets. But the one thing that you can be sure of is that nobody at the Fed or the other bank regulatory agencies know anything about this new bubble. As with the early warnings brought to the Fed about private loan origination and securitization activities as early as 2005, the central bank and other regulators are so entirely compromised by the political pull of the large banks that they will do nothing to get ahead of this new problem.

Consider a specific example:

Shall We Reward Incompetence? The Case of Sarah Dahlgren and the Fed of New York

Despite initial indications that Congress would reduce the scope of Federal Reserve’s financial company supervision, in the end the Dodd-Frank legislation substantially increases the Federal Reserve’s responsibility. Chairman Ben Bernanke and other Federal Reserve officials made the argument that the Fed’s supervision function didn’t do any worse than any other financial regulators — an assertion we cannot validate. This combined with heavy lobbying by other Reserve Bank Presidents and the grudging acknowledgement to the Congress by Fed Chairman Bernanke and Fed Governor Daniel Tarullo that significant improvements are necessary ultimately won the day.

Given its second lease on regulatory life, one might expect that the Fed’s bank supervision function would be gearing-up to take a fresh, smart, and tough line with respect to financial company oversight. However, a recent key supervisory officer appointment by the Federal Reserve Bank of New York (FRBNY) indicates this may not be the case. The largest and most important of regional Reserve Banks appears to be going back to the future with its choice of Sarah Dahlgren as Head of Supervision. See FRBNY press release link.

If the name sounds familiar, that’s because Ms Dahlgren has been at the center of many of the Federal Reserve’s most embarrassing failures in the area of bank supervision and in particular with respect to the failure of American International Group (AIG). Going back in time now and remembering the period before the crisis, Dahlgren typified the arrogance and refusal of Fed officials to acknowledge warnings from various members of the financial community that the subprime mortgage market was melting down after years of unsafe and unsound lending and underwriting practices by the largest banks. Roger Kubarych, a former economist for the FRBNY, described the refusal of Fed officials to acknowledge the crisis in a 2008 interview with The IRA (‘Fed Chairmen and Presidents: Roundtable with Roger Kubarych and Richard Whalen’, October 30, 2008).

“It makes me so mad to think back how ignorant, arrogant, and dismissive she was with people who knew what they were talking about pre-crisis,” one former Fed colleague told The IRA. Dahlgren was running the AIG show for the FRBNY. She ignored the recommendations from the Fed’s own advisors and the Board of the FRBNY that AIG counterparties be forced to take haircuts. For her to ignore good advice on AIG and then deliberately take steps to hide that decision from the Congress and the public, and then be rewarded with a promotion, is quite disheartening…”

Read the rest here.

Jesse’s Cafe Americain

 
Attorney General Eric Holder was at the White House event with Biden and pledged to crack down on American businesses that discriminate against employees based on sex, race or country of origin. (CNSNews.com/Penny Starr)

SEATTLE — A Seattle bar owner is so angry at Chase Bank that he’s offering a free steak to anyone who can prove he or she has closed his or her account at Chase this week.

Stephen Mollmann, who owns Twilight Exit in the city’s Central Area, told KIRO 7 Eyewitness News he’s fed up with Chase because he said the bank has dragged its feet over his application to refinance his home mortgage. His offer was reported on CapitolHillSeattle.com.

“I can use the Twilight Exit as my soapbox and my weapon,” Mollmann said. “I can just load it full of steak.”

He said the bank is stalling “or hoping I just go away and keep paying my mortgage” because “I’m a cash cow to them.”

A Chase representative said the bank is trying to work through Mollmann’s application, but Mollmann said he’s hoping new banking regulations passed by Congress on Thursday will speed that along.

Tighter rules for big banks and financial institutions are among the key provisions of the new law, along with stricter regulations for real estate and mortgage transactions.

“It’s a win-win for consumers,” said Bruce McClary, with Clearpoint in Seattle — a nationwide, nonprofit consumer counseling service.

McClary said the Consumer Protection Agency that will be established under the new law will help rein in fraudulent banking practices of the past few years.

“I think the big benefit is where the teeth come in and the enforcement mechanism that’s put in place based on this legislation,” McClary said.

The new agency will promote consumer financial education. It will help protect seniors from lending abuse. It will require clear, understandable language on all financial documents.

And it will eventually offer a free, 800 number for consumers to call for help.

McClary said consumers should start seeing the new rules of the legislation later this summer, but that the 800 number may not come along until sometime next year. SEATTLE — A Seattle bar owner is so angry at Chase Bank that he’s offering a free steak to anyone who can prove he or she has closed his or her account at Chase this week.

Stephen Mollmann, who owns Twilight Exit in the city’s Central Area, told KIRO 7 Eyewitness News he’s fed up with Chase because he said the bank has dragged its feet over his application to refinance his home mortgage. His offer was reported on CapitolHillSeattle.com.

“I can use the Twilight Exit as my soapbox and my weapon,” Mollmann said. “I can just load it full of steak.”

He said the bank is stalling “or hoping I just go away and keep paying my mortgage” because “I’m a cash cow to them.”

A Chase representative said the bank is trying to work through Mollmann’s application, but Mollmann said he’s hoping new banking regulations passed by Congress on Thursday will speed that along.

Tighter rules for big banks and financial institutions are among the key provisions of the new law, along with stricter regulations for real estate and mortgage transactions.

“It’s a win-win for consumers,” said Bruce McClary, with Clearpoint in Seattle — a nationwide, nonprofit consumer counseling service.

McClary said the Consumer Protection Agency that will be established under the new law will help rein in fraudulent banking practices of the past few years.

“I think the big benefit is where the teeth come in and the enforcement mechanism that’s put in place based on this legislation,” McClary said.

The new agency will promote consumer financial education. It will help protect seniors from lending abuse. It will require clear, understandable language on all financial documents.

And it will eventually offer a free, 800 number for consumers to call for help.

McClary said consumers should start seeing the new rules of the legislation later this summer, but that the 800 number may not come along until sometime next year.

KIROTV – Seattle, WA

Note:  Sadly hoping that the financial regulation bill just passed will help him with this is futile.  It’s actually going to help the big banks avoid having to do further mortgage modifications.

Side Note: Interesting that the two morons that caused the Fannie and Freddie Mortgage Crash are the two that authored this bill….

Without spending a single dime, the Obama administration did more yesterday to create jobs for the U.S. economy than it has throughout its entire existence. With the single stroke of a pen, President Barack Obama signed the Dodd-Frank financial regulation bill that set in motion 243 new formal rule-makings by 11 different federal agencies. Each of the 243 rule-makings will employ hundreds of banking lobbyists as they try to shape what the final actual laws will look like. And when the rules are finally written, thousands of lawyers will bill millions of hours as the richest incumbent financial firms that caused the last crisis figure out how to game the new system. Yesterday, the Washington law firm Jones Day snapped up the Securities and Exchange Commission head enforcement division lawyer, and J.P. Morgan Chase, one of the biggest U.S. banks by assets, assigned more than 100 teams to examine the legislation. University of Massachusetts political science professor Thomas Ferguson tells The Christian Science Monitor:

By delegating so much to the regulators, Congress is inviting everyone interested in the outcome to make more campaign contributions, as they intervene in the regulatory process to influence the regulators. Nothing is settled. It’s a gold mine for members of Congress.

So if the richest big banks, lawyers, lobbyists and Congress were the big winners yesterday, who are the losers? Small banks, entrepreneurs and you.

Smaller community banks do not have the same resources that the Goldman Sachs of the world do to hire armies of lawyers and lobbyists to shape and comply with new regulations. The cost of compliance will eat up a much larger share of small bank revenue. Jim MacPhee, CEO of Kalamazoo County State Bank in Michigan and chairman of the Independent Community Bankers of America (ICBA), told USA Today: “We weren’t part of the subprime (mortgage) meltdown. Why throw more regulations at us?”

Entrepreneurs take a double hit in the Dodd-Frank bill. First, by forcing banks to raise more capital it will now be more difficult for them to make new loans for small businesses. But more important is the regulatory threat for new products. Across the world mobile device and telecommunications firms are beginning to compete against credit card companies and banks to reshape how consumers buy products and manage their finances. Will the Dodd-Frank Consumer Financial Protection Bureau even allow these services to come to market? Will cell phone firms have to be regulated exactly like financial firms? Nobody knows the answer to these questions. Here is what we do know: it will be the banks and telco firms with the best lawyers and lobbyists – not the best entrepreneurs – that come out on top in this battle.

Then there is what the Dodd-Frank does not do: it does nothing to stop future government bailouts. Instead, it makes the TARP bailout system permanent. The bill’s “orderly liquidation” process empowers regulators to seize any firm they deem a threat to our financial system and liquidate them. These powers are subject to insufficient judicial review and do nothing to ensure that the firms’ creditors won’t receive 100% of their irresponsibly lent money back in future taxpayer funded bailouts. And speaking of taxpayer-funded bailouts, the bill does nothing to address Fannie Mae and Freddie Mac, whose activities were instrumental to the financial crisis.

Back in 1994, Jonathan Rauch wrote in his book Government’s End: “Economic thinkers have recognized for generations that every person has two ways to become wealthier. One is to produce more, the other is to capture more of what others produce. … Washington looks increasingly like a public-works jobs program for lawyers and lobbyists, a profit center for professionals who are in business for themselves.” The Dodd-Frank bill is the perfect extension of Washington as “a public-works jobs program for lawyers and lobbyists.” Instead of encouraging the U.S. economy to invest in engineers, technology and new products, it requires firms to invest in lawyers and lobbyists just to stay alive. It will do nothing to help create new wealth or new net jobs in the economy, but will transfer more wealth to lobbying and law firms in Washington, D.C.

The Heritage Blog

Please let him know how you feel about this legislation but before you do, make sure you read the articles about the legislation posted below.

BERNIE SANDERS’ POLL