Nomi Prins is the author of the upcoming book It Takes a Pillage: Behind the Bailouts, Bonuses, and Backroom Deals from Washington to Wall Street.
So, now we officially know. After the federal government lavished $13 trillion worth of federal subsidies on the banks to keep the financial system from self-destructing, the Obama administration released details of its new ‘rules of the road’ financial regulations today.
The much pre-publicized white paper was supposed to contain the most sweeping overhaul of the financial system since the 1930s. But, unfortunately, Obama is not FDR.
FDR took on Wall Street full-force in 1933. His New Deal included the Glass Steagall Act, which separated banks into consumer (or commercial bank) and speculator (or investment bank) entities. Only the commercial banks, relegated to conventional, ‘boring’ activities, got federal backing. His reforms also allowed for independent audits of the banking system to ensure financial soundness (as opposed to taking just their word for it, which is what Geithner’s stress tests did) and established the Home Owners’ Loan Corporation to provide mortgage money to people at risk of foreclosure.
Obama’s plans didn’t even come close. They accepted the banking landscape, with its giant, complex firms, as a given, and went from there. To be fair, certain items like enhanced issuer accountability for loans and securitized products, greater capital requirements for banks, and relegating certain derivatives to exchanges, are useful tune-ups of the system. But, giving the Fed more power, creating an additional layer of bureaucracy through the ‘Financial Services Oversight Council,’ and allowing the biggest Wall Street players to maintain their status and size, is not reform. It’s more of the risky same.
The plan consolidates regulators and imposes more restrictions on certain securities. On the regulatory agency side: The Office of Thrift Supervision (OTS) will get the axe, an easy target being this was the entity that was supposed to have monitored AIG. Replacing the OTS, will be a re-named regulator, called the National Bank Supervisor that would take over the duties of the OTS and Office of the Comptroller of the Currency. How effective it will be in practice, and how many times it will butt heads with the Fed, remains to be seen.
The paper proposed the creation of an Office of National Insurance, to be housed in the Treasury Department. If it weren’t for the fact that many insurance companies, notably AIG, are classified as S&Ls, and others are housed within the bank holding company complex of firms like Citigroup, courtesy of the repeal of Glass Steagall Act in 1999, this might work. Since this isn’t the case, and the plan gave no mention to reconstructing the financial system, it’s unlikely that this Office will keep up with the industry it is supposed to monitor.
Obama’s plan does have some useful ideas on the securities side. Establishing a Consumer Financial Protection Agency (CFPA) to oversee mortgage and other credit related consumer products, ensure that loan originators retain 5% of their credit risk, and enforce the Community Reinvestment Act which encourages banks to make loans in disadvantaged areas are positive steps. To be effective, the CFPA must have the same power over enforcement and indictment that the SEC has.
On the subject of derivatives, the winner is Wall Street. The white paper says ‘we will propose to bring the markets for all OTC (over-the-counter, or traded between private parties) and asset–backed securities into a coherent and coordinated framework.” It does not say how or what the constraints of this framework or reporting requirements will be.
By limiting the derivatives that get included in the framework to ‘all standardized OTC derivatives transactions,” ones deemed too complex to be traded on this regulated platform, will still trade off-exchange. This is the bank-desired loophole, giving banks the ability to still create convoluted securities away from undue scrutiny.
But, the absolute, worst part of this financial ‘overhaul’ is giving the Fed any more power. The Fed should instead be slapped and audited for screwing things up as badly as it did. It has destabilized our future economic environment by approving all sorts of mega-mergers during the heat of the crisis last fall, instead of putting on the brakes.
The biggest bank bailouts went to Citigroup and Bank of America. Citigroup topped the bank bailout charts, grabbing $386 billion in federal, public-sponsored assistance. Bank of America got $220 billion, as much a AIG. Who was their regulator? The Fed.
Yet, the OTS gets annihilated for its screw-ups, but the Fed gets rewarded. Why? Because the Fed is the bankers’ bank. During the past 15 months, the Fed has amassed $7.87 trillion worth of facilities and other entities through which it has lavished cheap loans in return for questionable collateral from the banking system. It has kept the true nature of these transactions a secret despite numerous FOIA requests, and is the subject of HR 1207, legislation aimed at digging beneath the Fed’s lack of transparency.
With that kind of track record, the Fed shouldn’t be crowned the systemic risk regulator, in the supreme position of supervising the largest most interconnected firms. This is plain wrong. Rewarding an entity that didn’t perform its regulatory obligations to begin with, paid historically unprecedented sums to correct its mistakes, didn’t exercise its ability to contain the size of banks – blessing rather than questioning ones that would become ‘too big’ (to fail or to regulate), and shunned transparency, with a bigger seat at the regulatory table is not the way to stabilize and provide necessary responsibility to the system.
Rather than regulate a complicated industry by creating more layers of regulatory entities, and giving more power to the Fed, who deserves a stringent audit instead, the more lasting solution to financial chaos would be to restructure the banking industry itself: divide banks into consumer vs. investment bank entities, like the Glass Steagall Act did. This would establish simpler entities to regulate, alleviating the need for the federal government to play catch-up and subsidizer to ever larger, more complex firms.



60 Comments





Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Giving much more power to the Fed, when there is no oversight, just doesn’t make any sense. Thank you for this analysis – much appreciated.
It all seems so obvious when you spell it out. Thanks for writing this critique–and welcome to FDL!
Welcome back, Nomi!
Hi Nomi, Welcome to the Lake.
You make perfectly wonderful sense, how can we get the right people to listen to you?
Welcome, Nomi!
Yeah, FDR said “it is required” to take the power away from the financial barons. Obama sez “Make me do it”. Quite a difference there doncha think?
The natives are getting restless
I’m going to preface this remark by admitting that I don’t understand all the intricacies of our economy. But it seems that putting Glass Steagall back into effect is the first thing that needs to be done. It’s already been tested and it worked. Why go elsewhere?
Nomi:
Here’s more
More at the link about how the Fed encouraged the problem
Even I knew when they repealed Glass-Steagall that we’d end up in trouble; and here we are, in trouble.
It boggles the mind, it’s a decision that simply rewards the wrong entity with more power
I’m not sure, but I like to think that at some point, a rational view finds its own way…
Has anyone heard one legislator mention re-establishing Glass-Steagall? Dodd? Frank? Anyone?
Yes, there were several voices, notably senator Byron Dorgan, who recently did a salon for his new book here, and the late Paul Wellstone who warned of the expense that taxpayers would suffer if Glass Steagal was repealed. Then, as now, those voices did not unfortunately sway the repeal from happening.
Love the title of your new book ‘It Takes a Pillage’
“The natives are getting restless”
Or durn near apoplectic :-)
I haven’t – I keep listening for it…..but, the whole mentality amongst most of the members of Congress, is to work with what we have, rather than reconstruct something better. That mentality keeps power and money in the hands of the banking system.
A fine piece, Nomi.
Uh, based on the current headless chicken status of most congress critters in Dee Cee these days, I wouldn’t wager more than I could afford to lose on that notion. It’s good in theory, but not realistic IMHO. Just like the “trickle down” theory looks good on paper, it doesn’t take the Gordon Gekko effect into consideration.
;~P
With respect to the clause you mention, on page 6 of the white paper:
“We also propose to strengthen the prudential regulation of all dealers in the OTC derivative markets and to reduce systemic risk in these markets by requiring all standardized OTC derivative transactions to be executed in regulated and transparent venues and cleared through regulated central counterparties.”
this could have been written by Wall Street. It leaves ample room to transact all sorts of derivative products without any fear of oversight or need for transparency. More money is made of esoteric products than standardized ones. It’s the same on Wall Street, as it is for things like the iPhone. When everyone has something, its value diminishes. Putting certain OTC derivatives on exchanges that are the most generic, means the least profitable ones, that Wall Street will engage in, as they do with Treasury bonds, but will not look towards for their key profit margins – those will be off-exchange.
in fact, on feb 13th, JPM Chase and Goldman and other big derivatives players submitted their proposal to have these standardized contracts regulated, and to regulate hedge fund and other activity in them (or effectively level the playing field against their competition). they asked to have the Fed be their main regulator, as well. So, lots of this white paper favors the more powerful banks and their requests.
thank you…:)
well, I do get regular calls from producers – yesterday for Fox & Friends, today from Newshour – and I explain my views, so hopefully, they will get close to more airwaves – though, I like discussing issues with people who have clear reactions, like here.
Not only that, but FDR did what he did, with a Republican Treasury Secretary who held shares in JP Morgan at the time.
If the O Admin is not going to create healthy oversight and regulation then the banksters will continue to steal and things will get WORSE. Worse than what just happened. It is human nature to continue stealing when you paid no consequences when previously caught. They were actually paid handsomely to be crooks.
Just my jaded side showing through… We all need to make as much *rational* noise as we can. Go get ‘em!
I agree with everything you wrote. The Fed is not a regulator and has performed badly and opaquely in this crisis. Making it the regulator of the big bankholding companies who sit on some of its boards is really a fox in the hen house scenario. I also agree about Glass-Steagall. For me, its re-imposition is the determinative measure to guage if the Obama Administration is serious about reform.
I was wondering if you had seen this breakdown of the aid promised and delivered to the financial industry.
http://www.calculatedriskblog……nment.html
What surprised in it was a Treasury program that has made around $3.2 trillion in guarantees to the money markets. The figure is a guess apparently because the people at Treasury were unsure about how much credit they had actually extended. I was wondering if you could shed any light on what is going on with such a large program that has flown essentially under the radar. I mean I knew about it. I just didn’t realize it was so large, almost half of the aid given to the financial sector so far.
Excellent analysis, Nomi. I think I remember (or am I imagining this) Geithner saying he never was a regulator (during questioning by Congress), even though he was the head of the NY Fed. If I’m right and that is what he said, then he obviously did not understand the nature of his job at the Fed. If so, making him the Treasury Sec’y seems akin to letting the wolf guard the hen house. Why should I believe he’ll do any better job than Henry Paulson who, it seems to me, was asleep at the wheel when all hell broke loose in Sept? Why should I believe in Obama’s financial team at all, for that matter?
FDR heard a clearer voice of anger aimed at the industry that the public knew to have taken it for a ride. By focusing on tuning up some of the problems in the industry, rather than restructuring the industry itself, Obama has basically decided what the public is angry about, and that’s how the media tends to cover it. For example, there was much euphoria over the idea of 10 banks paying back $68 billion of their TARP money. Paying back TARP in itself is a fine idea. But, these banks had actually received four times that amount, through the FDIC’s temporary liquidity guarantee program, and from AIG’s stash. Not to mention, some untold amount of money from the FED. It’s a complete classic Ponzi scheme. Got money from one part of the federal government to pay the other, and call it a good thing
Sounds like the old game of shuffling some desks around rather than dealing with the problem. I predict the usual result will follow, which is more of the same.
UPDATE: A fine article, BTW.
This President is living in a fantasy land. It is not possible to deliver more non-sensical bad news on a daily basis and expect not to get caught in your own trap of mediocre thinking. What a disappointment this guy is.
Regulating actually is part of the Fed’s job. It’s not set up to do that for the reasons you mention, and that’s the problem.
yes, particularly when you are making the rules. this entire bailout/subsidizing of the flawed and failed banking system, indicates, that even when the banks gambled the most, they won. I think there was a moment back on Sept 21, when even Goldman Sachs and Morgan Stanley were flirting with bankruptcy and the Fed’s decision was to how to deal with this could have gone either way. But, that Sunday night, the Fed, running over anti-trust 5-day waiting period laws, declared them bank holding companies which gave them access to an ever-growing pile of bailout funding. from then, things got worse. And leaving this system intact, will not end well.
my reaction to the shutting down of the OTS is that it’s not much a change one way or the other. especially with a new regulatory body sprouting up to take over its functions. Also, the failure of the OTS with AIG was very predicated on the fact that though AIG was legislatively able to call itself an S&L which falls under OTS oversight (cause it bought a tiny S&L in Newport Beach, CA), it was nothing like an S&L . the flaw was as much with the system that allowed that name-change than the regulator.
Non-standard derivatives have to be dealt with outside of the exchange. But as I was reading recently, the banks pushed for the Intercontinental Exchange (ICE) to be the clearinghouse for derivatives, as opposed to the Chicago Mercantile Exchange (CME) because the banks control the ICE and wouldn’t lose any of the fees they make with derivatives.
I think it’s a lot harder to dismantle the banking system than anyone would have thought, and without real strength behind proposal for overhaul, we get a continuation of the same flaws, at a greater expense with each cycle of new debt, new products, and larger, more concentrated and complex institutions.
Too big to fail is just too damn big. Sadly, not a peep about using antitrust laws to break up the ever conslidating financial giants. Glass Steagall and every other thing that Phil and Wendy Gramm did to gin up the investor sector should be a pretty good road map for what to do to fix this mess. And, as an aside, it would be good to see a few gals in charge instead of Summers and Geithner – just sayin’
Would that Tanta were with us now.
Geithner certainly didn’t do much regulating or advocating of regulation at the NY Fed. but it’s not surprising since he came into the Treas. Sec job from a fed background, that he advocated giving the Fed more power. If you do a break-down of the facilities the FED opened to aid Wall Street, more than half of them are operated through the NY Fed, and this happened while Geithner ran the show there. He is the wrong person to be postulating banking reform, and the wrong person to be heading up a Financial Services Oversight Committee, from the standpoint of the public good, and future economic stability.
No, in fact the biggest entity that was created in the wake of this crisis, JPM Chase managed to sidestep a weak, but existing anti-trust law that said that no bank could possess more than 10% of the consumer deposits in the system. Since Washington Mutual, the bank that JPM acquired, was classified an S&L rather than a bank holding company, the fact that JPM’s deposits are more than 10% was hand-waved by the Fed. Anti-trust laws left a lot of loopholes for the banking industry relative to other industries. The Sherman Act and Clayton Anti-trust Act pretty much left banks alone, in the midst of strong lobbying, even then, from the industry. But, bigger is certainly not better, and is certainly not more stable. Even Humpty Dumpty knew that.
On a separate note, Wall Street is already calling the mortgage plans in Obama’s proposal, a burden. They don’t want to keep the risk of loans on their books, they want to pass it along – forever – and have the government be the risk-taker of last resort.
Perhaps I stated my point poorly. The Fed has not acted as a responsible regulator for a long time. With Greenspan you got a loose monetary policy and a hands off approach in other areas. At the same time, Greenspan’s policies became increasingly fiscal in nature. It was especially his easy credit policies that not only fed the bubbles but insured bubbles would occur. An entity that played such a major role in what has happened should not be left unreformed and rewarded with oversight responsibilities that go so strongly against its culture.
I know that some of those guarantees were divide up between the Fed, Treasury and the FDIC. I put together a spreadsheet that I used to validate the numbers in my It takes a Pillage book, which I’m a day or two away from putting on line at my site which is being expanded to include a page for it. The spreadsheet delineates all $13 trillion of the bailout program, and which DC entity is responsible for what part, also the amounts that each company received from TARP, and outside of TARP (which is the bulk). It does not include the break-down of the Fed’s loans, since the Fed won’t tell.
Well that’s the thing about crony capitalism even having your cake and eating it too are not enough.
precisely. ICE was always as much an electronic exchange brainchild of Goldman Sachs, Morgan Stanley and other banks, as an insurance policy against regulation. IF they control the exchange used as the clearing house for derivatives, it doesn’t change things that much for them – they control the reports to their own exchange.
Welcome back to FDL and welcome to the front page, Nomi Prins!
Thank you for this article.
It just seemed odd to me. There was all this talk of huge amounts of money, trillions, in money markets waiting to jump back into the market. I was skeptical of this but such large government guarantees blow this out of the water as far as I can see.
Agreed. The Fed hasn’t done its job, and the last thing we should be doing is adding to its responsibilities without some serious structural change.
yeah, the one thing that didn’t go their way – they are arming up to fight – my bet is, this measure of loan originators and securitization bankers having to retain 5% of the downside in their deals will not fly – or be so watered down, that it won’t matter.
Thank you ! I really like it here..
You’re right to be skeptical, I think part of these large amounts are predicated on federal assistance to begin with, but if funds rather than paying back the government, invest in the market, it has the net effect of providing the appearance that markets are ‘coming back’. Geithner likes to equate what happens in the market, to being somehow indicative of what’s going on in the general economy, when really, it’s more of a negative indicator.
No matter how much churning and siphoning off of fees takes place and routing of nuts this way to evade that takes place, at the end of the chain this is the bankers’ categorical imperative.
It is surprising how many people who should know or do know what we are seeing is a suckers market are still talking about an end to the recession. Such an end would be on paper only and I have difficulty in seeing it given how commercial real estate is expected to crash this year.
too true, and Fed remains the bankers’ banker. Member banks own shares in the Fed proportional to the size of their capital and shares. This means that the bigger banks, not only control a bigger part of the market, and lobbying efforts to maintain their status, they actually do own more of the Fed. Thus, it’s sad, but no suprise that when they were in trouble, they came to their banker for assistance, a banker whose own strength is predicated on its member banks continuing to have the appearance of health.
And the Fed’s IG says they don’t know where the trillions have gone
http://www.youtube.com/watch?v=mO3GpzWfppo
My guess is the first ones on the list are Goldman Sachs, JP Morgan, and Morgan Stanley
The warnings of Jefferson have gone unheeded.
Thomas Jefferson once said:
“I believe that banking institutions are more dangerous to our liberties than standing armies . . . If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] . . . will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered . . . The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.” — Thomas Jefferson — The Debate Over The Recharter Of The Bank Bill, (1809)”
A bailout initiated by alleged fiscal conservatives to save a financial system, they broke. A Oil War initiated to allegedly protect America predicated on bold lies and now the prospect of mandated healthcare!!! Does anyone see something wrong with the ability of the government to force people to enter into contracts, paying ridiculous premiums to a tax exempt corporate insurers, and then to have the government use the tax code to penalize a citizen who fails, to comply with the mandate. What kind of fucking horse shit is this, and Wall Street is again protected.
Obliviousness is a disease not to realize that the interest of corporate and their way of doing business in America is being protected by politicians, just as the white southern slave owners interests where protected by the Dred Sott vs Sanford, Pontius Pilate like wiping of one’s handing the matter. People where property???????
Today “corporate aristocrats” have taken control of America by unconstitutional means. The power they wield as monied interests usurp every American inalienable rights granted by a creator and codified in the Bill of Rights, and constitutional protections.
The events played daily manifest Jefferson’s prophecy is correct. And the instrument to effect this usurpation of constitutional law was ironically seeded in the 14th Amendment ratified to correct the abhorrent inconstancy of the Dred Scott decision. It is called a “corporation!”
Where the accumulated wealth of monied interests is maximized for political clout and self interest while inherent liabilities are minimized and accountability thwarted. Jefferson and Madison both wanted restrictions on corporations and monopolies whose desire for unfettered profit would destroy the Republic.
President Obama break up the corporate monopolies and game playing! Do not allow CORPORATE America to put a noose around the neck of Lady Liberty and in doing so you will have prevented the servitude of American’s to corporate America unlike the Taney Court who lacked the testicular fortitude to affirm the principles of the constitution or intellect to understand that people are not property, http://en.wikipedia.org/wiki/Roger_B._Taney, or simply a means to profit. Use the law to protect life, and not profit at life’s expense. Mr. President heed Jefferson’s warning!
apoplectics with pitchforks?
Trickle-down doesn’t balance well against all the expenses (such as nasty credit card problems and random job losses and unexpected health costs or car accidents). Nope trickle-down just doesn’t get the job done.
Bush was at the end of his years and really (IMO) wanted to leave the next prez a mess. Obama has to live with this economy for years and has every incentive to fix it to make his own life easier.
As for actual capability…nobody knows. I think they’re doing pretty well and the economy is showing some signs of improving, so I’m willing to be patient. ymmv
I’m not committed on these choices, but it would pay to consider the position which should be responsible, rather than the individual. Over time there will be different people in there. Which office should do the work?
Maybe the law should be amended to refer to ‘a firm’ instead of banks, S&Ls or anything else specific.
So what? It’s supposed to be a burden. It’s a small burden to help ensure the system’s balance of risk-taking and prudence.
Hmmm, not ‘negative’, just less directly or perfectly associated than most people might like to rely on.