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(A Little Bit of) Wall Street Reform
The long delay between the onset of the financial crisis -- a direct consequence of a quarter century of deregulation -- and the passage of Wall Street Reform and Consumer Protection Act of 2009 did not well serve the cause of reform.
As time passed, public anger over the Wall Street bailout became more diffuse. And Wall Street relentlessly continued its campaign to undermine meaningful efforts at reform.
The bill passed Friday contains some positive measures, but it does not do nearly enough to rein in the Wall Street banksters. It is wholly incommensurate with the devastation Wall Street has wreaked across the land and planet.
Most importantly on the positive side, the bill creates a powerful financial consumer watchdog agency. Had the Consumer Financial Protection Agency existed during the go-go years earlier this decade, it could have prevented millions of consumers from being ripped off -- and protected the banks from themselves. The financial crisis would have been significantly less severe.
The bill also contains some modestly beneficial provisions establishing liability for credit ratings firms, regulating derivatives and imposing leverage limits on the largest institutions. And it includes an important measure for a comprehensive public auditing of the Federal Reserve.
But there are huge holes in the legislation. Wall Street successfully maneuvered to keep most of the important big picture reforms off the table:
- The bill does very little to address industry structure. Wall Street and the big banks engaged in reckless betting under the belief that they were too big to fail -- that they were protected by a federal backstop. The biggest banks are now even bigger than they were before the crisis. The solution to the too-big-to-fail problem is to break up the big banks, so that the system can absorb their failure. The bill fails to impose limits on bank size.
Many news accounts misleadingly highlight that the bill gives regulators the authority to break up big financial institutions. The bill does confer that authority -- but only upon a finding of a "grave threat to the financial stability or economy of the United States." It is extraordinarily unlikely that regulators will ever reach such a finding. - A related problem is the intermixing of commercial and investment banking in single firms and resultant excessive risk taking by federal insurance-backed commercial banks. The bill fails to separate commercial and investment banking, as the Glass Steagall law did before repeal in 1999, or otherwise address this problem.
- Financial derivatives and other exotic instruments -- labeled by Warren Buffett as weapons of financial mass destruction -- fueled the crisis. The bill contains very modest regulations over financial derivatives but leaves more than a quarter of the market free from regulation and contains loopholes to enable another substantial chunk to escape regulatory control. Even for derivatives covered by the bill, the new rules are very limited. The bill does not establish a regulated exchange for derivatives trades. It does not ban financial instruments that do little more than enable high-stakes gambling. And it does not require the purveyors of derivative instruments to prove that the benefits of their new products outweigh the costs and risks to the financial system.
- The bill also fails to tackle seriously the problem of executive and high-level pay. Wall Street mocks the Congress -- and the American people -- by preparing to pay tens of billions of dollars in bonuses, in the shadow of a vote on financial regulation and while the financial sector continues to benefit from trillions of dollars of public supports.
At a minimum, there should be binding rules mandating that bonus pay be tied to long-term performance. For 2009, there should also be a windfall tax imposed on Wall Street profits and bonuses.
It's no mystery why this legislation is not stronger. Wall Street spent $5 billion in political investments in the decade before the financial crisis to obtain deregulation and nonenforcement of existing rules. Despite Wall Street having crashed the economy, nothing has changed on Capitol Hill. Wall Street continues to invest heavily in politics and wield enormous influence. More than 900 former federal employees, including 70 former members of Congress, are working as lobbyists for the financial services sector this year. Wall Street has spent more than $40 million on campaign contributions since November 2008.
But Wall Street was not wholly able to get its way. Leading Wall Street lobbyists announced at the outset of the legislative process that they intended to "kill" the Consumer Financial Protection Agency, and they failed. Now, as the bill heads to the Senate, there is still an opportunity for a populist upsurge to demand far-reaching controls on Wall Street.
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15 Comments so far
Show AllObama is doing damage control. Many of the commenters are guessing it's due to Taibbi's piece. The timing is right on, plus it seems that in a Zogby poll he is now 47% -- ouch. Time to placate the peasants yet again.
http://www.huffingtonpost.com/2009/12/12/obama-knocks-reckless-wal_n_389838.html
I actually did listen to this, even though Obama's voice is really starting to grate on the nerves. I can't stand listening to someone who is insulting my intelligence and making an assumption that I can't hear, see or read what is really going on.
Last week Obama told Congress not to overdo regulation of Wall Street, just as he made sure single-payer never was discussed in the health care "reform" process.
Obama is creating a legacy of legislation...too bad the legislation makes existing problems worse, rather than solving any problems.
This is the same House that passed 'sweeping health care reform,' correct?
And look how great that worked out... for Big F**king Insurance.
'Our' Senate will make mince meat out of this bullshit 'reform' bill, too. Just watch...
"...stew so thin... even politicians can read the paper through it..."
heard on CSPAN today... i think they said it's from an arlo guthrie song...
The business about Wall Street bonuses can be resolved easily. Just make the income tax more progressive - say put the upper limit at 75% and make it apply to total compensation, not just to earned income.
The compensation and bonus issue is a red herring. Such laws can't work because business people are smart enough to always be one step ahead of whatever laws address compensation.
During the era that New Deal financial industry laws were in effect (1935-1980) compensation for financial industry employees was comparable to compensation in other industries and businesses. The regulations limited how many shell games and card tricks the industry could play to justify jumbo compensation. During the past 20 years, as the industry became more and more deregulated, Wall Street employees from the mid-level on up have been making as much each year as their counterparts in other industries will make in a lifetime.
Restoring new Deal regulations will return the financial industry to a structure that does not allow the shell games and card tricks needed to justify jumbo compensation.
pandora ain't going back into her box!
Obama is full of shit. He's bought. He can't get re-elected without kissing the backside of all these BIG Corps and the billionaires that OWN America these days. He's no more then one of those black jockey lawn ornaments my racist neighbors used to have outside on their porch back in the 60's.
Amen brother !
You ain't seen NOTHING yet.
Greg Palast blows the lid off FORCED worldwide derivatives trading courtesy of the WTO.
http://www.youtube.com/watch?v=rKqJmEPuBgc&feature=player_embedded
But Congress continued to bail out Wall $treet and give them the power to keep playing games with our hard earned money. The only reform needed is to stop giving them our money and LET THEM FAIL ! That is genuine capitalism that we all can appreciate though I would prefer to combine it with socialism for the working class.
Rahm Emanuel´s highest salary was $150,000. After working with the Clinton Administration, Rahm was able to collect over 18 million dollars in two years.....When he was asked, "How did you earn so much money in two years?" His response was simple, "I was a good consultant."
What those 900 Federal Employees, 70 of them past congressmen, have learned is that the bribe, I am sorry, the payment comes after you leave office.....
We, the American People, have the most corrupt political system in the World.........From Halliburton to Goldman Sachs, they all infiltrated the government so that they could get sweetheart deals and trillions of dollars of taxpayer money.....
We, the American People, have become enslaved to a "Corporate Elite", including the Military Industrial Complex and Wall Street, who have taken over the governing of the United States.
We have a 13 TRILLION DOLLAR National Debt saddled around our necks and a devalued dollar that will continue to flow down in value as "The Corporate Elite" laugh their heads off at our stupidity. Weren't "They" the ones wearing the American Flag lapel pins? Some Patriots "They" are, stealing trillions of dollars as they kill millions of people........"War, humpf, what is it good for? Absolutely Money!!!!!
Google expands tracking to logged out users
http://joshfulton.blogspot.com/2009/12/google-expands-tracking-to-logged-out.html