Posts Tagged ‘financial reform’

One of the hot topics these days is income inequality and the out-of-sight paychecks that CEOs get, even if the company goes downhill on their watch.

That’s why a Public Citizen is helping organize a conference today about executive compensation and how it should be changed. The conference is hosted by Americans for Financial Reform, a coalition where Public Citizen leads leads the executive compensation task force. The point is to examine how the Dodd-Frank Wall Street reform law was intended to reduce the excessive earnings of senior executives and reduce the risks these pose to the economy. Proposed implementing rules meant to bar compensation schemes that incentivize excessive risk-taking are weak and have been delayed. Speakers include Richard Trumka, president of the AFL-CIO; Robert J. Jackson Jr., a former senior adviser to the Treasury Department on executive compensation and corporate governance; a number of professors and others.

Also today, one of our senior attorneys, Paul Alan Levy, is making an oral argument before the Indiana Court of Appeals in Indianapolis. The case is Miller v. Junior Achievement, and Levy is arguing as amicus curiae. The suit arose from an attempt by the former CEO of Junior Achievement and his wife to unmask online critics who commented about the company’s financial situation. Levy will argue that the Millers have not met the test needed to unmask the identity of the anonymous posters.

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As predicted, the Senate GOP today blocked the confirmation of Richard Cordray to head the new Consumer Financial Protection Bureau.

Republican lawmakers just don’t seem to understand how angry people are about how powerful Big Banks have run roughshod over them. You would think that lawmakers would be rushing to confirm Cordray so that the bureau could start to fully function – meaning that it could help stop the predatory practices of major institutions. Instead, the GOP would rather kill the new bureau altogether.

Here’s what Robert Weissman, president of Public Citizen, said after the vote:

In blocking confirmation of Richard Cordray – universally considered qualified for the job – to head the Consumer Financial Protection Bureau, the Republican caucus in the Senate today sent a clear message: They stand with Wall Street donors rather than American consumers. Now In blocking confirmation of Richard Cordray – universally considered qualified for the job – to head the Consumer Financial Protection Bureau, the Republican caucus in the Senate today sent a clear message: They stand with Wall Street donors rather than American consumers. Now it is time for President Barack Obama to end the needlessly drawn out process of installing a leader for the CFPB by making Cordray head of the agency through a recess appointment.

Perhaps you have heard that the Republicans can block a recess appointment simply by staying in session. Not so, says David Arkush, director of Public Citizen’s Congress Watch in this Huffington Post piece. He analyzed the Constitution and concluded that:

If the Senate wants to adjourn and the House won’t permit it, the President can adjourn both houses of Congress.

Mr. President? Ball’s in your court.

"Bart Naylor" "Financial policy"Wall Street’s attention on Washington currently centers on the Volcker Rule, a brief but ballistic section of the Dodd-Frank Wall Street Reform act often characterized as ending casino-like practices by taxpayer-backed banks. The law forbids proprietary trading, or speculating for the bank’s own benefit. Heads, the bank wins for its shareholders and its highly paid traders; tails, the taxpayers pay off the losses.

But to denigrate American banks by likening them to casinos may be inaccurate and unfair—to the casinos.
Casino’s churn out money from slots geared to take in more quarters than they pay out. Even in the high stakes tables, a casino enforces limits, guarding against the possibility that one gambler could break the house. Bets themselves are capped. At a ‘high rolling” black jack table, such as at Caesar’s Palace, gamblers can place bets of no more than $50,000, the so-called table limit. Further, spotters watch from above for sharks using illegal counting techniques at black jack. In fact, the most significant “risk” factors about which Caesars warns shareholders are competition from the rival casino down the street, the economy, and its pension plan. As Jim Ensign, the former Nevada senator once said, “In Las Vegas, most people know that the odds are stacked against them. On Wall Street they manipulate the odds while you’re playing the game.”And finally,

Las Vegas casinos have never begged Americans for a bailout because some MIT geniuses figured out how to game the black jack table.

In contrast to casinos, American banks and their Washington regulators didn’t properly prepare for the the risks that savaged the financial sector and the global economy three years ago. Former Federal Reserve Chairman Alan Greenspan claimed no government agency—not even the industry—could detect the major risk of such major problems as a bubble. “History tells us they cannot identify the timing of a crisis, or anticipate exactly where it will be located or how large the losses and spillovers will be,” he testified before Congress. Whether or not that’s true, it seems clear neither the agencies nor the collective industry prepared.

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"Bart Naylor" "Financial policy"
Big banks love to complain about the Volcker Rule — the provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act that prohibits federally subsidized and insured banks from engaging in risky proprietary trading and from betting against their own customers — and they are adept at generating clever, head-spinning arguments to oppose it. The latest involves European government bonds.
According to a Financial Times article Nov. 21, bankers warn that this new provision of the Dodd-Frank Wall Street Reform Act would reduce “liquidity.” “Bankers and traders say that ‘prop’ trading – trading on banks’ own accounts – is a big part of the U.S. presence in the $13,000bn eurozone debt market.” If U.S. banks can’t pursue short-term profit from trading actively in European debt, the argument goes, then European governments will be hurt. Europe needs more people buying their debt, not fewer.
The basic problem with this argument is that it conflates short-term speculation and true demand. European governments might need more demand for their debt, but they don’t need U.S. banks churning and speculating on it — and the latter is what the Volcker Rule would stop. Let’s unpack the argument a bit.
The Volcker Rule ban on speculation should be welcome in the market for European sovereign debt because it directs banks to hold assets so as to profit from interest as opposed to short-term price changes. That will make banks patient investors in European debt, increasing demand and improving “liquidity” (which means making it easier for sellers of European bonds to find buyers).
When banks engage in short-term speculation, at best the effect on demand is neutral. After all, a bank’s trade should net out, with the bank selling as often as buying. The Volcker Rule does permit market making, which is the intermediation between willing buyers and sellers of the same financial position. In a sense, prop trading and legitimate market making depend equally on the presence of buyers and sellers. The market maker requires clients on both sides of the bond transaction. Similarly, the prop trader won’t take a position unless confident of resale. The Volcker Rule simply prohibits the bank from charging a price beyond a commission for that intermediation. (The commission may be expressed in the bid-ask spread, or an advertisement that the market maker holds itself out as willing to buy for a little less than it will sell the same financial instrument.) This prohibition should appeal to customers and generate additional market making business revenue for the bank. Who prefers a bank that may bet against its own customers?
If liquidity means what it usually means — the ability to sell a particular financial instrument without changing its price — then legitimate market making permitted by the Volcker Rule should reduce volatility. While the prop trader may “hold out” for a price increase, or “stay out” until the price craters, the Volcker Rule market maker will be obliged to buy and resell continuously at a posted price spread.
If liquidity simply equates with trading volume, American banks will be inactive as prop traders when the Volcker Rule is well enforced. Is that bad? If U.S. banks will only buy and sell European government bonds as speculators that highlights a far worse problem than liquidity; it signals that banks may believe European debt doesn’t count as a prudent, long term investment.
Financial regulators must not be confused by bank sophistry as they accept public comments on their proposed draft of the Volcker Rule through January 13, 2012.

If the 99 percent wants a list of Senators who support Wall Street over Main Street,  Sen. Richard Shelby conveniently collected the names last spring. He organized a letter signed by 44 colleagues demanding that the new Consumer "Bart Naylor" "Financial policy"Financial Protection Bureau be gutted. That’s the hallmark of the Dodd-Frank law approved by Congress to prevent predatory lending, liar loans and the other abuses behind the housing bubble—and our subsequent Great Recession.

The Alabama Republican’s letter carried a threat: The senators would block any nominee to head the agency.

At least one Republican, who wasn’t on that original list of forty-four, may have heard the protests of an America demanding reform, as embodied by the Occupy Wall Street movement. Yesterday, Sen. Scott Brown (R-Mass.) became the first Republican senator to support Richard Cordray’s nomination to head the Consumer Financial Protection Bureau.

Once a director is at the helm, this new agency will be able to start cracking down on the financial industry’s worst abuses.

Brown’s support is a reminder that this should not be a partisan issue. Americans across the political spectrum want meaningful consumer protection to police Wall Street and the big banks.

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