Posts Tagged ‘Wall Street reform’

a photo of a duck

Flickr photo by D H Wright

Taken literally, the term “lame duck” refers to an injured duck that is unable to keep up with its flock.

On Tuesday, November 13, the month-long “lame duck” session of the 112th Congress will begin – and we’ll get a hint of whether the next session will be as plagued as the current session with partisan obstructionism.

If you have members of Congress who were voted out on Election Day or are retiring, the next few weeks is their last chance to make their mark. These lawmakers are the lame ducks.

In Congress, lame ducks will be indeed be left to fend for themselves as their “flock” of reelected peers prepares to join the newly elected  (or “freshman”) members in January, when the 113th Congress is sworn in.

Lame duck lawmakers are notoriously unpredictable. They no longer need to worry about raising money for reelection, so they are more free to stand up to corporate lobbyists and other moneyed interests.

However, because they’re not seeking reelection, they’re also less accountable to their constituents. Worse, they’re vulnerable to offers of cushy jobs at lobbying firms, where former lawmakers all-too-often receive six-figure salaries in exchange for doing Corporate America’s bidding and perpetuate Washington’s “revolving door” problem.

The upcoming lame duck session (scheduled to last from November 13 until December 14) is fraught with opportunities and threats:

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By Miriam DiemerFlickr by Mike Licht

“Hot potato,” “flash-crash,” “algos” and “big board” are just a few of the childlike terms used to discuss the immensely complicated world of computerized trading.  But don’t let the unsophisticated language fool you – the industry and its practices are esoteric at best.

And maybe that’s why these high-frequency trading companies have been able to manipulate our financial markets  Computerized trading is a relatively new phenomenon, but the problems it has already generated in the financial market – the May 6, 2010, flash-crash that caused one trillion dollars to momentarily vanish, the August 1, 2012, Knight Capital algorithm “glitch” that caused massive fluctuations for 150 stocks – prove it isn’t going to regulate itself.

High-frequency traders pay exchanges for quicker access to information. And in the milliseconds before information is available to traditional investors, the high-frequency traders will already have released their “algos” or algorithms on the system in order to prey on mutual and pension funds. This market manipulation causes artificially high prices, market “flash-crashes” and a pervading distrust of the system.

The U.S. Senate Banking subcommittee on securities, insurance and investment held a hearing last week to talk about the “rules to the road” in computerized trading. Public Citizen’s Micah Hauptman submitted testimony urging the passage of the Wall Street Trading and Speculators Tax Act, which would charge a miniscule tax (.03 percent) on market transactions. Such a small amount would have a negligible effect on traditional investors, but could generate billions from these high-frequency traders – enough to improve regulatory supervision of trading activity and market abuses.

The bill, S. 1787 and H.R. 3313, introduced by U.S. Sen. Tom Harkin (D-Iowa) and U.S. Rep. Peter DeFazio (D-Oregon), has been sitting in committee since late last year.

Miriam Diemer is Public Citizen’s communications office intern.

Members of the Subcommittee on Capital Markets and Government-Sponsored Enterprises for the U.S. House Financial Services Committee should take advantage of the July 10 hearing on Wall Street reform to explore the impact of massive fraud in the London InterBank Offered Rate (LIBOR), the widely used interest rate index. LIBOR is set by 18 bankers who submit rates daily. As is now well-known, UK-based Barclays admitted to fabricating its rates more than 250 times over five year"Bart Naylor" "Financial policy reform"s, and implicated other firms in the manipulation.

Rep. Scott Garrett (R-N.J.), chairman of the subcommittee, will serve Americans if he pivots from the committee’s tired routine of blaming reform of reckless bankers for whatever ails the nation to the pressing scandal revealed by U.S. regulators involving LIBOR. LIBOR affects $800 trillion worth of deals, virtually every credit contract Americans sign.

With experts from leading trade associations, the subcommittee can help shed light on the specific impacts on individuals and businesses when the integrity of this central benchmark becomes violated.

Helpfully, the subcommitteehas invited a witness from the Securities Industry and Financial Markets Association (SIFMA), which until last week was chaired by Barclays Chief Operating Officer Jerry del Missier. In the wake of the $450 million fine for Barclays, del Missier resigned, along with the company’s CEO and chair (though the chair has been reinstated). SIFMA members include all the banks that set LIBOR.The subcommittee can and should explore what led to del Missier’s resignation.

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The toxic JOBS Act has now passed through both the House and Senate. It is a huge and embarrassing failure of the Congress that a measure such as this could pass with such ease."Lisa Gilbert"

Despite the outpouring of expert, investor and public concerns about the bill, several of the important measures that would have fixed some of the flaws in the bill and incorporated changes proposed by Securities and Exchange Commission (SEC) Chair Mary Schapiro and institutional investors failed, and the underlying flawed legislation passed.

We do applaud the passage of Sens. Jeff Merkley (D-Ore.), Michael Bennett (D-Colo.), Mary Landrieu (D-La.) and Scott Brown (R-Mass.)’s amendment requiring that crowdfunding investments go through an “intermediary” registered with the SEC. We are saddened by the failure of the Senate to pass Sen. Jack Reed’s (D-R.I.) amendment to improve disclosure at public companies.

The underlying legislation opens the door to great risk of fraud, and will strip the accountability and sunshine requirements that make U.S. markets work better for shareholders and businesses.

Following the 2008 Wall Street collapse, it should be blatantly obvious that we need stronger protections against fraud and stronger guarantees of transparency. We celebrate the senators who tried to push for such protections, and are horrified by how many enabled this to happen. As the bill moves back to the House we hope it can be improved further.

 

Explosive revelations today from an outgoing Goldman Sachs executive emphasize the need for Wall Street agencies to finalize the Volcker Rule reform, which would prevent many significant conflicts of interest in the financial industry."Bart Naylor" "Financial policy"

In a New York Times op-ed today, Goldman Sachs’ derivatives salesman Greg Smith writes that Goldman’s culture encourages “ripping eyeballs out” of customers who are sometimes labeled as “muppets.”

The testimonial comes on the heels of stress tests results of the nation’s 19 largest financial institutions.

The Volcker Rule, approved as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, prohibits banks from engaging in trades for their own profits and strictly bars trading that conflicts with customers’ interests. But a barrage of self-serving industry comments have led regulators to signal they will delay implementation beyond the statutory deadline of July 2012. Goldman Sachs submitted two comment letters and met with regulators personally an unprecedented six times. Regulators should put Smith’s candid and brave words on the top of any analysis about how best to reform Wall Street and weigh them when considering the motivations behind Goldman’s official comments and meetings.

Smith’s firsthand account emphasizes that each day of delay prolongs the abuse of Wall Street bankers over their clients. Smith also provides crucial evidence that trading in illiquid markets should have no place in the Volcker Rule’s permission for legitimate market making.   Smith summarizes the Goldman culture about trading these complex instruments: “‘Hunt Elephants.’ In English: get your clients – some of whom are sophisticated, and some of whom aren’t – to trade whatever will bring the biggest profit to Goldman. Call me old-fashioned, but I don’t like selling my clients a product that is wrong for them.”

Meanwhile, the Federal Reserve correctly prevented Bank of America and Citicorp from draining capital through increased dividends following results of the third annual stress test. While the Fed should be commended for providing more detail in its report of the test, the test provides little comfort of a robust financial sector. Four banks failed the test outright. Citicorp, the nation’s third-largest bank, was one of them. This failure underscores the fragility of the financial system. Should the nation’s third-largest bank be rendered insolvent by a sharp drop in economic fortunes, reverberations throughout the financial system could cascade into widespread calamity.

JPMorgan Chase and Bank of America, the nation’s first- and second-largest banks, barely exceeded minimum capital standards in the test – another chilling result.

To prevent another taxpayer bailout, banks should build substantially more capital. Dividends paid now should not become advances on another taxpayer bailout. And regulators should put into place a strong Volcker Rule to prevent banks from putting self-serving interests above the real economy.

Bartlett Naylor is Public Citizen’s Congress Watch Division’s financial policy advocate

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