Ever since the financial collapse, we have been looking at factors that created the disaster. We know that the financial elites are desperate to maintain their stranglehold on the privileges they have arrogated to themselves, and that they are pouring money into keeping Congress in their pockets. As one congressional staffer said to Chris Hedges of The Nation about the forces of non-regulation vs. those of regulation: “Dude, there’s just no comparison." We will lose if we can’t figure out a strategy, and even then, it is a tough problem.
On healthcare, we got our message on the public option down to three simple points. We must do the same thing with financial regulation. What are our three simple points? Can this stuff be made simple enough?
1. Restore Glass-Steagall. The point of this is to require the separation of investment banking from commercial banking. The short pitch is that commercial banking is supposed to be boring. If it’s exciting, you’re doing it wrong. Investment banking is supposed to be interesting, at least and maybe exciting sometimes. They don’t belong together. Link1.
2. Security Transactions Tax. One of the major ways Goldman Sachs and the rest of the giant financial firms game the stock market is with High Frequency Trading, what we used to call program trading. Link2. Link3. We need to put a halt to this. It’s cheating and everybody knows it and no one is going to jail for it. Since those responsible aren’t going to fix it, we should tax it. At least that way, we can get something for the cheating.
3. Limits on the size of financial institutions. Too big to fail is too big. AIG was a $1.1 trillion entity. That made it possible to gamble huge sums of money on credit default swaps. People thought that AIG was a responsible counterparty for those swaps, and it turned out that it wasn’t. Rather than eat their losses, the capitalists frightened Congress into bailing them out of their foolish beliefs. Limiting the size of these entities is easier than it looks. Install a graduated income tax on them, and don’t allow deductions for compensation in excess of some wildly unreasonable figure, say, $5mn, including stock compensation. That will encourage the “best” traders to leave and start their own firms. Then we’ll see how good they are when they aren’t backed by billions in technology and the implicit guarantee of the government.
4. Serious restrictions on financial innovations. Just because some whiz quant can think of an instrument doesn’t make it a good idea. That is particularly true of instruments used for risk abatement. People who deal in finance will have to be forced to keep risk on their own books, because they won’t do it on their own. Although this is not a simple matter, it will encourage prudent investment decisions. Link4. Link5.
5. Major consumer protection enforcement. One good proposal from this administration is the establishment of a financial consumer protection operation. The Fed was charged with the responsibility of protecting consumers from predatory lenders, but it is owned by the banksters, and failed on purpose. Restoring the power to regulate banks to the states would make a difference. A separate agency with real enforcement powers, for example, special deputy U.S. Attorney status, would make a real difference.
6. Some kind of industrial policy. An economy that only benefits the rich has no moral basis. Link6. There must be good jobs for people willing to work. The economy may recover, but it won’t matter unless we can create jobs for people who need them. The Humphrey-Hawkins Full Employment Act is supposed to guide government in dealing with the economy: it establishes four goals, full employment, growth in production, price stability and balance in trade and budgets. One plausible thing to do is to make full employment the primary goal of government economic policy.
Please put your ideas into comments. I would also like to see short pitches that we can use with Congress and staff when we call, and your thoughts on the politics of the situation, especially with your Congressperson, and what can be done to get traction for serious reform in your area.




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1. Orders open for a full second, with flashing/frontrunning banned so that humans can react to orders again instead of being scalped and pushed around.
2. Full FASB mark to market accounting, ban mark to myth as fraud.
3. commodity traders must take delivery of product.
4. commodity futures traders must be hedging a physical product, no more naked futures bets.
I do like the idea of a “trade tax” so that the government (and by extension, the non-investing public) can get something for all the daily churning.
Some public butter to go with all that churn.
Make the Auditors Independent!
Suppose I were to propose that Major League Baseball (”MLB”) umpires be selected by and compensated by the MLB home teams. Moreover, let’s make it permissible for those teams to hire these same people off season to perform extended services. And if the team don’t like your calls, they can hire another ump. Think you are going to see some “interesting” calls? You bet.
That is not an unreasonable analogue to what the accounting industry structure is today.
But wait, you say – the ‘real clients’ are the baseball fans. The umps should be serving them.
They may be interested parties to whom the umps owe some responsibility. The client is the person/organization/team which selects and compensates the professional.
It is that relationship structure which inevitably leads to unprofessional behavior. One simply can’t be truly independent of an entity which is paying you.
Can this be fixed? I think so. Require public companies to purchase some material amount of insurance against accounting misstatements. Have the insurance companies writing those policies hire the auditors.
The audit client is now the insurance company writing the policy, not management. Prohibit performance of extended services for audit targets. Independence achieved.
Will there continue to be frauds and other accounting failures? Inevitably someone will fool the accountants. But I don’t think they will be tempted to look the other way.
here’s my talking point on regulations;
“regulations don’t appear from whole cloth, in almost every example they were created to address issues an industry caused themselves and refused to address.
when an industry refuses to address the issues they create they are refusing to pay their own bills, regulations are then written to help insure the rest of us aren’t forced into that paynent”
that’s the start, everone always agrees with that, even republicans, I go on;
rareley there are regulations that prove counter productive to the purpose they were written, when that happens we re-visit that regulation to see if it can be made more equitable
“we do not eliminate regulations simply because an industry can’t be competitive paying their own bills, we revisit regulations, we never eliminate regulations pall mall, that would be counter productive, as we have seen time and time again”
I have never had an argument against those points even when talking to concervatives and economic libertarians
Make execution the penalty for any infraction of security laws. Chinese style execution where the family pays for the bullet.
Imagine: industrial policy.
You, you, you…Socialist!
(Do I need to addd a snark tag?)
Just remember, the reason regulated capitalism ALWAYS outperforms the deregulated variety is because with rules in place, honest businesspeople have (some) protection. Otherwise, the crooks will run the honest people out of business.
Good points all!
Never happen.
Oh, BTW, call your Rep.
Windje, this is a clever idea. Thanks.
I’m good without the snark tag. The real jobs making real stuff issue is really important. If that, or real health care, or a real energy policy, makes me a socialist, so be it.
Good post Massacio!
OK, I know the huge force against us is campaign dollars. However, I think anyone, anyone who votes for finance reform will most definitely be rewarded in the polls, and punished if they do not.
With so many many people hurting, it seems easy to be a hero at home by voting for financial reform. Very easy.
So that’s my sound bite. Be a hero at home.
Oh, if your rep is a christo fascist, say this:
God chose me to tell you to vote for financial reform.
Be a hero at home and in heaven.
I’m sorry, can’t remember off the top of my head what legislation codified the ability of banks to participate in insurance, but this needs to stop. Bank assets should not be used as leverage in any insurance formula (apart from the writing of policies to insure assets), which we know now happened as insurers created derivative-type vehicles based on collateralized debt obligations (which in turn were based on assets).
There also needs to be a review of the ratings system; Moody’s, for example, was gamed heavily. There aren’t many participants in the rating process in addition to a lack of transparency and external oversight, ensuring it can be readily gamed.
The point about consumer protection is good, but it must have teeth and it must include the mortgage industry. A large percentage of the subprime mortgages written over the last eight years were fraudulent and should have resulted in RICO investigations and prosecutions.
And with that, we also need to get the feds off the backs of the states’ attorneys general; ALL 5O STATES wanted to go after subprime lenders, but were prevented from doing so by White House machinations under the Bush/Cheney regime. This needs to stop immediately. If the feds can’t or won’t do the job, then states must be able to do so.
Oh, and you should add Christ’s teaching for added emphasis,
“Give unto Caesar what is Caesar’s; give unto God what is God’s.”
If they whine about taxes and government control of the financial industry, that’s Caesar’s world. (And we need to take up our role as Caesar, but that’s a different admonishment.)
1. Risk-based financial transaction fee
2. Government-audited transaction IT systems for trading
3. Regulations establishing risk evaluation before offering new investment vehicles
4. Negotiation toward highest-standard (instead of lowest common denominator) international harmonization of financial market rules
5. Antitrust reform, maybe even restricting companies to primary purposes (i.e. no holding companies)
6. Executive salary excess multiple surtax on salary as multiple of minimum wage
TarheelDem, those are good points. I especially like 2 and 4. Thanks.
Oh if they start in on government control of the financial industry, I’ll ask them if we need a police force. Why does any segment of society need rules? To be fair to all who participate in that society. If no regulation of the financial world, it’s a license to steal as they have been doing. From all of us and that includes Rep. Bozo.
I have some hope that the SEC will do something about the rating agencies, sort of a green shoot in the vast desert.
Masaccio, if Goldman Sachs was the biggest contributor to Obama, why should we believe any enforcement of current rules will be as robust as they need to be? I really don’t have a lot of faith left here.
And where did Timothy Geithner disappear to?
Dosido, I’m worried. I have said over and over that it was my hope that the enormous amount of money Obama raised from regular folks would give our side some influence, but it didn’t work out.
I think a big part of the problem is that there isn’t a progressive position on this, and there aren’t any progressive organizations that have any credibility with the rich senators that control this issue.
I don’t know what to do about that.
Thanks, Masaccio. Great post.
We, who have been around long enough, remember Reagan’s orgy of deregulation. The Sears Financial Network (SFN) was touted as a one stop source for all financial services — financial planning, securities trading, banking, insurance, real estate brokerage & financing, personal finance & credit cards.
They targeted & acquired one of the biggest players in each sector, then opened a SFN center in thousands of retail stores across the country.
This effort fell on its face because SFN proved to be too big and unmanageable to succeed in the marketplace.
From too big and unresponsive to succeed to too big and unresponsive to fail, we’ve come along way in the wrong direction fueled by political campaign contribution budgets that exceed the GDP of most developing countries,
(((Masaccio))) I’m kinda worried too. That kind of money drowns out just about everything.
You mentioned whizkids making up financial instruments or whatever. I would make the analogy of financial explosives, cuz that’s what they are. enron did it, and it blew up. we didn’t do nuthin. oh yeah, a few people went to jail, but the actions that led up to the explosion are still “legal”.
We should outlaw financial explosives.
1.) “When financial investment is your job it isn’t about investing in the company it is about income and should be taxed as such.” The government should recognize that ‘investment’ is actually a job for some people, as in what they do for a living. Investment profits should be taxed as income if they are from a financial instrument that has been held in the portfolio for less then two years. It will help limit speculation, it stops treating financial trading as a public good when it isn’t being used as one.
2.) “Outsourcing damages the country.” It is time to recognize that businesses owe the community. If their actions hurt the community, there should be consequences. First any and all tax breaks for companies that build facilities on foreign soil should be rescinded. We then need to penalize outsourcing by extracting lost taxes from the companies that outsource. Not only do the employees lose when jobs are moved out of the country for cheap labor, the public loses as well, since the government no longer receives the taxes. The company must make up for the loss of that income at the single exemption rate for the median payroll for the last five years of any facility whose functions and jobs are moved to foreign soil.
3.) “Stockholder Rights”. Simplify company structure. One share is one share, no matter who owns it. IOW, get rid of levels or types of stock. One share equals one vote, and the right for a full accounting, to put forth their own nominations for a board and a clear and transparent accounting of company profits and expenses, and a vote of approval of any executive compensation package that costs the company over two percent of its gross profits the previous year.
Well, from Taibbi’s articles, it would appear that Goldmine Sachs has been at the levers, has been dug in and in control for generations. So I would not put all the discouragement at Obama’s feet. It looks like they have their fingers in all the pies, per winje above.
I don’t know how we get them out of there. They seem to have the game sewed up.
I wrote a post on this last December. A few ideas in addition to those mentioned here.
Follow the Swedish model and make management financially liable if a bank goes bankrupt. Make them criminally liable if they had any knowledge of fraudulent activity and did not immediately inform authorities.
Re-imposition of anti-usury laws
Easing of personal bankruptcy laws
Enforce transparency
Limit corporate personhood
Require independent boards of directors and extend liability to them
Ban CDOs and CDSs. Definitely ban CDO squared and naked CDSs.
Ban all derivatives that aren’t exchange tradeable and force banks to divest their interests in exchanges
As Bearonacliff mentioned, enforce mark to market. Also do not allow undervaluing of debt.
I would also rescind the Goldman/Aron exception and ban non-commercials from commodities markets
Re-impose the uptick rule and ban naked short selling
Bring the Fed definitely under Treasury and put its activities on budget
Oh and get rid of the ratings agencies or create a single independent rater. Make sure that a rating does not substitute for fiduciary responsibility
Well, is that an action item for us?
Should there be a progressive think tank which develops monetary and tax policy as well as theory/policy of governance for the entirety of the financial industry? Financial industry manipulates capital to and around these policies and therefore should be seen as part of the whole.
Economic Policy Institute is a nice model, would be great if a think tank could coordinate effective progressive policy in alignment with their economic policy work.
I’d propose the following:
1. Make boards of directors more independent. Ban management from serving on or selecting/nominating candidates for boards.
2. Tax the huge pools of loose money that made the meltdown possible. Up the income tax on the highest incomes to 98% and make the inheritance tax all but confiscatory.
3. Make layoffs expensive by enacting a combination of employee rights and tax regulations. Mandate 6 months severance. Do not allow tax writeoffs for layoff-related charges.
4. Make it illegal for executive management to trade in company stock during their tenure and for 5 years afterwards. All stock awards to be escrowed.
Seems Maxine Waters had a good suggestion:
Waters Introduces Bill That Would Ban All Credit-Default Swaps
By Dawn Kopecki and Alan Bjerga
July 10 (Bloomberg) — Representative Maxine Waters introduced legislation to ban all credit-default swaps, the financial instruments blamed in helping to take down American International Group Inc.
“Credit-default swaps are one of many contributing factors to the current economic crisis,” Waters, a California Democrat, said in a statement released at a hearing today on the Obama administration’s plan to rein in the $592 trillion industry. “Preventing all credit-default swaps is essential to bringing stability to the market and preventing a similar crisis in the future.”
Treasury Secretary Timothy Geithner is testifying before a joint hearing of the House Financial Services and Agriculture committees. The administration’s plan doesn’t call for an outright ban on credit default swaps.
To contact the reporter on this story: Dawn Kopecki in Washington at dkopecki@bloomberg.net.
1. Credit Default Swaps are fake insurance. They have few (and sometimes no) regulation or capital requirements. CDS contracts must be subjected to the same regulations and requirements, including reserve requirements, as other forms of insurance.
2. Securitization carries risks that must not be hidden from the buyers. Seller-related “cheats and lies” such as Special Purpose Vehicles and credit derivatives that create the type of fake AAA credit ratings that helped cause the current economic crisis must not be allowed.
3. All derivatives trades, including over the counter trades, must be made fully transparent so that insider traders cannot game the market. Transparency would allow other market participants to reduce systemic risk by anticipating and countering derivatives activities intended to manipulate the markets.
I like the ones posted above but I’ll add my own. Prohibit joint ventures meaning any type of alliance or association between production, processing like refining, transportation and distribution. This means extending “commodities clause” type prohibitions in the interstate commerce act to petroleum, natural gas, electricity, coal and other forms of energy commodities. No so-called “vertical integration”. A company like Exxon e.g. should not own any pipelines nor should it own directly or indirectly any gas stations or refineries if it is engaged in oil and natural gas production.
1. Make it the law of the land, that if the Federal Reserve has the power to funnel US taxpayer funds to any bank foreign or domestic, then these transactions must be completely transparent.
2. If the Federal Reserve is to continue to exist in its present form, it shall be mandatory for the banks that make up the composition of this private banking cartel to have its books audited once a year by an independent auditor.
3. If we are to believe that we have a free market system, stop the naked short selling not only in commodities like oil, but all commodities especially gold and silver. Many investors realize that the PPT uses paper gold and silver to surpress their price because these metals have historically given investors around the world a true barometer of inflation. it is mathematically impossible for the US to print trillions of make believe dollars, with the USDX down to 78.58 and not have gold and silver rising in their inverse proportion. Currently companies like JP Morgan as well as Goldman Sachs have trillions in paper hedges against these two metals. This is how they manipulate these markets in order to give the impression that the dollar is sound when the opposite is true.
Like the idea of brainstorming. I probably do not like the idea of a security transaction tax. Maybe I do not know enough but the trading seems unfair on its face to me. To make it fair then most everyone should be allowed to trade similarly. This could result in an arms race and sometimes the rocket blows up on the launch pad. Also the security transaction tax makes the government a partner looking to get its share sort of like sin taxes – a conflict of interest. I would prefer a wealth tax to get at the people gaming the system so they pay a fair share and to keep them honest.
Quite a list:
Ban non-market-traded derivatives
Ban Credit Default Swaps (at least naked ones)
Ban Collateralized Debt Obligations
Simplify stock ownership to only ONE level.
Separate commercial & investment banking & insurance, etc.
Restore uptick rule for short-sales of stock
Transaction tax on securities trades to end churning
Ban “too big to fail” firms
Limit financial innovations
Consumer (including investor and mortgage holder) protection
Ban management from boards of directors
Ban management from trading stock with stock awards held in escrow
Full FASB mark-to-market accounting
Ban commodity traders who can’t take delivery of product
Ban naked futures bets
Create independent auditors
Create independent asset ratings agencies
Stop impeding state financial regulators
Transaction fee(s) based on risk of asset(s)
Gov’t audited transaction IT system for traders
Regulations establishing risk evaluation before new investment vehicles allowed
Anti-trust reform, perhaps banning holding companies
Surtax on executive salaries which are a high multiple of the minimum wage
Ban Enron-like off-the-books financial entities (where debts are hidden)
Whew!
No mention of re-regulating mortgage lending?
How about banning splitting up mortgages in CDOs?
Perhaps no investor in a ratings agency should be allowed to hold stock in other companies — thereby limiting conflicts of interest.
=============
All kinds of ‘destructive capitalism’ need to be destroyed! People should invest to build, not to just destroy the competitors.
Ban or severely limit adjustable rate mortgages (ARMs)!
Yes, as others have said, treat commercial banking as a utility. Keep it simple and vanilla.
Dismantle Federal Reserve.
http://www.thenation.com/doc/20090803/greider
Thanks to everyone for the ideas. I’ll take a long look at this.