LyrArc Article Gist
In private conversations, Paul Volcker has advised administration officials, that in implementing the Volcker Rule, regulators should follow the practice in money laundering laws. There the government bans a certain behaviour, and then the burden is on the banks to screen for red flags and to ensure compliance. His advice is to ban banks from trading with their own funds if they benefit from any kind of government guarantee. Banks would be required to police their own actions, and the Fed examiners ensuring they are in compliance. The recently passed regulatory reform bill left a lot to the regulators, who have to fill in the blanks. Volcker's concern is that narrow rules would invite gamesmanship from the banks to evade the intent of the law. At one Congressional hearing Volcker suggested a Potter Stewart type of approach- Stewart as Supreme Court Justice said about pornography: "I know it when I see it." For Volcker bankers know what proprietary trading is and is not, and he does not want to let bankers tell anybody anything different. Thw new Financial oversight Stability Council is charged with the task of coming up with a course of action by January 2011, and then writing the rules by October 2011. The fear among a group of 18 senators is that bankers will weaken the Volcker rule protections. A letter pointing this out was sent by the group to the Oversight Council last week....

LyrArc Article Gist
A study by Charles Elson of the Center for Corporate Governance of the University of Delaware which refutes the idea that excessive compensation is needed to retain good talent in industry.

LyrArc Article Gist
Eisinger says the Volcker Rule is voluminous and complex with 530 pages, because banks and lobbyists with complicit regulators wanted it that way. This is also what Volcker told Charlie Rose in an interview, that banks can't complain that it is complex and at the same time work to add complex language to the rule.

LyrArc Article Gist
This editorial lists the essential points that the Volcker Rule- as it is written by U.S. regulators -must include to ensure the safety of the American financial system. These points cover limiting speculation, putting in place clearly defined and strong penalties, and addressing loopholes.

LyrArc Article Gist
Gongloff points out that the word exemption occurs on 100 of the 200 pages of the final draft of the Volcker Rule published for comments in September 2011, for a total of 426 times. The banks have 2 years after its introduction in July 2012 to comply with its provisions and are allowed to petition the board for 3 one year extensions taking the process to July 2014 or July 2017. And this whole exercizes resembles some form of kabuki theater as the title of this piece suggests, and makes going through its detail meaningless. Especially since the probability of a new administration in 2014 or in 2017 are high. At that time new rules would be written.

LyrArc Article Gist
Considering the fines and sanctions by the Financial Industry Regulatory Authority, during the time Mary Schapiro headed the organization from 2007 -2008, it did not take a serious watchdog role over the brokerage business that it was expected to supervise. NASD which she formerly headed, and FINRA, did several examinations of the brokerage business of Mr Madoff who ran a$50 billion Ponzi scheme, but failed to find anything wrong. Her agency in 2007 concluded that Madoff's firm had only violated some technical rules. Also fines and sanctions assessed by FINRA declined during the time she headed it. Fines levied by FINRA declined from $148 million in 2005, the year of her predecessor, to $40 million in 2008. Ms. Schapiro headed NASD regulatory arm in 1996, NASD itself in 2006, and FINRA after its creation in 2007. FINRA is a private agency set up by Wall Street to regulate itself. As the prevailing opinion at the time, with the SEC severely understaffed, was that Wall Street could regulate itself, agencies like FINRA had a bigger responsibility than was realized by Ms Schapiro and others. One securities lawyer who represented firms examined by FINRA, says FINRA should at least have asked more questions about the Madoff operation. In a November 2006 speech to the Securites Industry and Financial Markets Association, Mary Schapiro says, "we remain utterly committed to our regulatory mission but we should be also committed to doing no unnecessary harm or restriction to innovation in the industry and markets". Some of the stuff that went on in the name of innovation went against some basics and commonsense, and the failure to follow tested old good financial practices to separate sound innovation from unsound innovation, was a failure of that period. Schapiro's statement seemed to be a contradiction of a severe nature when examined closely, because how could she remain committed 100% to the regulatory mission if she made strong exceptions for innovations whose true logic and effectiveness only time could tell. The element of caution that should be a key part of the regulator's temperament and mental build was entirely missing. See the link to financial regulators in India, and of how this task was handled with that element of caution and skepticism of prevailing opinion. Other failure of FINRA is that it lagged behind state regulators in catching upto the mess resulting in afreeze up of auction rate securites markets. In June and July 2008, Massachusetts and New York securities regulators filed fraud charges against big firms in that matter. Another failure was the failure to look into the mortgage securites that were held in brokerage accounts and see that the valuations of these securites are sound. Finra only filed small cases against Lehman Brothers, with a fine of only $125,000 for failing to keep accurate books and records. As late as May 7, 2008 in speaking at the Financial Services Institute meeting, Schapiro was asked about what FINRA was doing to regulate complex packaged products like mortgage securites. And even though credit rating agencies had by this time been exposed as having failed, Ms Schapiro would only say, according to a financial advisor who asked the question, that "we have credit rating agencies that rate them." A pretty hands off view for a regulator when the cracks in the system were already exposed in mid 2008. Another facet of this is the high levels of compensation especially for a regulator. For her job at FINRA she received pay of $3.1 million a year including $2.5 million in compensation and $615,000 in benefits and deferred pay. In 2007 she also earned $449,000 in cash and stock grants as director of Duke Energy and Kraft Foods. All of which means that it is straining credulity for Obama to suggest that Mary Schapiro is the best person the Democrats could find for this critical job, in which the record has been severely impaired....

LyrArc Article Gist
The head of failed bank HBOS or Halifax Bank of Scotland, which needed $17 billion of British taxpayer money, and was merged with Lloyds Bank after heavy losses, is Sir James Crosby. In a strange turn of events he ends up as a trusted advisor to Prime Minister Brown and becomes deputy chairman of the Financial Services Authority, Britain's regulatory agency. Sir James obviously knighted, obtained the appointment to FSA in 2006 when HBOS was growing rapidly, the losses came in 2008. But just as in the USA some of the people who were in the financial institutions or in regulatory agencies where alot of bad judgement or lack of necessary fiscal prudence was exercized, are still in positions that have as their principal task getting the US or Britain out of this crisis in financial institutions. In this case a House of Commons' committee investigating the banking crisis released written testimony that Sir Crosby summarily fired one of his executives Paul Moore after warning that HBOS bank was moving too fast in acquiring billions of dollars in new debt. One line in the Moore testimony is telling in its description of what happened at HBOS, as it must have in a host of other places in the US and Europe: " Sadly, no one wanted to speak up for fear of stepping out of line with the rest of the lemmings who were busy organizing themselves to run over the edge of the cliff behind the pied pper CEO's and exectuive teams that were being paid so much to play that tune and take them in that direction." End result, Crosby resigns his position before Prime Minister Brown is embarrassed and faces tumult and questions in the British House of Commons....

LyrArc Article Gist
This New York Times editorial asks whose side the Republicans are on when they try to water down needed financial reforms. Are they simply speaking for the banks who stand to lose billions of dollars in profits through unregulated derivates trading but increase systemwide financial risk. The NYT supports senator Blance Lincoln, an Arkansas Democrat who is chairwoman of the agriculture committee, and who took a strong position in favor of controlling derivatives. Her proposal requires nearly all derivatives be traded on exchanges with exemptions only for unique contracts which would be supervised by regulators, and for a strictly defined group of companies with specific purposes.

LyrArc Article Gist
Issuance of junk bonds in 2012 reached $274 billion in 2012, an increase of 55% over 2011, according to Dealogic. This is double the levels observed before the financial crisis of 2008. Yields on low rated junk bonds have declined to about 6% as prices move up. Also observed is an increase in covenant lite corporate loans. These types of loans relax lending standards- this increased from $8.5 billion in 2010 to $36.5 billion 2011, and $58 billion in 2012, according to Dealogic. This has drawn the attention of Fed Governors Jeremy Stein and Richard Fisher of the Dallas Fed, who have raised a warning about the rapid increase in credit and financial risks.

LyrArc Article Gist
Joseph Stiglitz describes policies and programs of the Obama administration that favor banks and avoid a government takeover of over leveraged and badly managed banks in the U.S. President Obama's policy transfers financial assets to banks on highly favorable terms even though some of the banks made bad decisions and highly overleveraged assets creating the 2008 global financial crisis. The policies avoid a government takeover of banks, policies which the U.S. aggressively pushed for in other countries such as S. Korea during the 1997 financial crisis with Rubin, Summers and Geithner at Treasury. These policies would come under strong criticism because it rewarded risk taking and kept in place an incentive system that led to such behaviours- creating "heads I win, tails you lose" psychology. It also delinks the performance-reward relationship that is the basis of free enterprise in western economies. A problem that would be left from the crisis and the Obama administration's response to it is "Too-Big-To-Fail," with banks larger than before. The FDIC and U.S. Fed's plans for banks to have living wills for an orderly windup under Dodd-Frank legislation only goes a part of the way in tackling this problem. In the U.S., and in Britain, France, Germany, Switzerland, the related problem of high bonuses continues into 2014, with RBS bank in Britain one of the egregious examples and highly unpopular with the British public. The lack of similiar government help to homeowners, advocated by Reagan economic advisor Martin Feldstein and FDIC chairwoman Sheila Bair from the beginnings of the crisis stands in sharp contrast to the response of the Obama administration. See the links for Barr, Feldstein and Hoenig. In an ultimate irony from the crisis handling much of the damage from foreclosures was done to minorities which supported the administration. ...

LyrArc Article Gist
This Washington Post article by Henry Farrell explains the implications of the 2016 EU ruling on Apple asking it to pay 13 billion euros in back taxes. Other countries in the European Union are upset that Ireland is taking away business and siphoning away tax revenues from their country, and giving most of it back to Apple. Normally the European Union Commission does not have authority over taxes in the member states. However considering the social and political implications at a time of deep recession and political upheaval in the EU and the U.S., the European Union Commission under Margarethe Vestager has seen it proper to look at arrangements in which companies come up with tax arrangements that deprive member states unfairly of tax revenues- revenues that could support social welfare and basic education, healthcare services at a time of painful cuts. A tax rate of .005% in 2013 for Apple is cited by Vestager as she points out that Apple's taxable profit does not correspond to economic reality, as most operations are conducted outside Ireland. Ireland is just on paper the tax location for EU operations. Vestager has thus come up with a legal approach based on Ireland's tax arrangements being a form of illegal state subsidy, which is not allowed under EU rules, and gives the EU Commission authority to require that it be reversed by paying the back taxes of 13 billion euros. Farrell answers the question why the U.S. Treasury is saying that Apple should not have to pay these taxes, as the U.S. also hopes to get some of these taxes at some future date with Apple repatriating profits to the U.S. under a still to be set tax arrangement. ...

LyrArc Article Gist
Following the WSJ Facebook Investigation and hearings in the US Senate there are calls for tough laws and regulations to prevent abuse of information technologies. Documents in the WSJ Facebook Investigation shows harm from the company's products- how the company's moderation rules favor elites, how its algorithms foster discord to increase user volume, and how drug cartels and human traffickers use its services openly, says the WSJ. One Senator calls the company "morally bankrupt." Yet Congress has known much of what is happening but failed to act to provide the legislation to regulate the new technology platforms such as Twitter, Google and Facebook, leaving them unregulated and without public oversight, leading to the idea that the US Congress itself has failed to protect young teenagers and prevent the harm resulting from such products. One Senator Ms Klobuchar says "there are lobbyists around every single corner of this building that have been hired by the tech industry. Facebook and other big tech companies are throwing a bunch of money around this town and people are listening to them." That would suggest that some of what one senator has called "morally bankrupt" also reflects back on Congress and the lobbyists, based on the WSJ Facebook Investigation. ...

LyrArc Article Gist
In the current situation where the "too big to fail" problem for banks has only worsened since the crisis with the remaining banks even larger after mergers, and no dividing wall between speculative trading in securities and the utility banking of collecting deposits and making loans, the country depends on regulators to do the job of supervision. Regulatory reforms have faced resistance from the banking industry and the reforms have been watered down in Congress. It is in this environment that Patrick Parkinson takes on the job of head of bank supervision at the Federal Reserve. He will work with Daniel Tarullo, the Fed governor who heads the committee of governors overseeing bank supervision. But he is also one of the old faces at the Fed when the Fed failed in its role of bank supervision. From 1993 to 1998 he was the top staff advisor to the Fed chairman, for matters considered by the President's Working Group on Financial Markets.

LyrArc Article Gist
Reilly raises the question why asset allocation decisions of the type made by JP Morgan Chase since 2008, does not make it similiar to a mutual fund or a hedge fund, and why this should itself not be considered a form of proprietary trading. JP Morgan Chase had $600 million of corporate debt in its overall debt portfolio or 1% in 4th quarter 2006. By end of 2008 this increased to 5% or $10 billion. By end of 2009, this went up to 17% of the portfolio or $62 billion, and they are at that level today. The holdings of non-U.S. residential mortgage securities was also increased, going up to 20% of holdings or $75 billion at end of 1st quarter 2012, from $2 billion or 1% of the portfolio in 2008. Corporate debt holdings at Bank of America at the end of the 1st quarter of 2012 were about 1% or $2.4 billion, and at Citigroup were about 4.5% or $12 billion. The Chief Investment Office unit of JP Morgan handles this portfolio, which is the result of deposits of $1.12 trillion exceeding loans of $700 billion. The low interest rate environment after 2008 creates incentives for banks to look for ways to improve crimped margins and in the process adding risk....

LyrArc Article Gist
AIG and GE Capital are designated "systemically important" financial institutions by the U.S. Treasury in 2013.