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After a severe financial crisis that could have snowballed into a Depression type situation and the credit rating agencies playing their critic-for-hire role in causing the crisis, there has been very little done to reform or correct the basic way in which credit ratings are made. Other than small patches to the system that failed the country badly by 2008, it has been left alone by Congress, the Obama administration, and regulatory agencies. The Attorney General of Ohio, Richard Cordray, says the "rating agencies total disregard for the life's work of ordinary Ohioans caused the collapse of our housing and credit markets and is at he heart of what's wrong with Wall Street today." Richard Blumenthal, Connecticut's Attorney General says he plans to join the suit against the credit rating agencies, Fitch, Standard and Poors and Moody's. Cordrays suit was filed Nov. 20, on behalf of Ohio's pension funds. It seeks billions of dollars in damages from these ratings agencies and accuses the agencies of negligence and fraud. About the failure of Congress to make even the basic change to the system of ratings, Joseph Grundfest, a professor of securities law at Stanford says ; "What you see in these bills are Botox shots, for a little while everyone is going to be frozen into a grin, and then the shots are going to wear off.'' A deputy dean at Yale Law School, Jonathan Macey, was a member of a bipartisan task force on credit ratings reform and met with lawmakers in Congress on this issue. He says its mortifying to see that this problem which is different from other complicated issues like water shortages around the world has been left unsolved, as it could be easily solved if there was even a basic degree of political will to do so. Congress looked at the option of creating an independent fee financed credit rating agency along the lines of the Public Company Accounting Oversight Board, established after the Enron, but did nothing with this idea. Rep. Kanjorski and Senator Reed have led the efforts to look at the credit ratings agencies in Congress and have basically decided this to leave the system very much the same as before the crisis, with the conflict of interest problem and incentives to improve profitability at the expense of the integrity of the ratings process still intact. Bills in Congress give more oversight powers to the S.E.C. and require companies to strengthen their compliance teams. In the period leading to the 2008 crisis the internal compliance teams did not get top management support at the credit rating agencies and there is skepticism about the effectiveness of compliance teams. S.E.C. regulatory efforts face push-back from the credit ratings agencies and the effectiveness of S.E.C. regulatory supervision is uncertain given the critical role that is given to credit ratings in bond and securties issuance....

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A study by Prof. Joseph Gyourko, of the Wharton School, University of Pennsylvania, shows that the FHA risks having $50 billion in losses over the next couple of years. Analysts say the largest banks could face billions of dollars in losses if the FHA were to push defaulted mortgages back into the hands of the banks that originated these mortgages. If home prices continue their decline, a restructuring at FHA and a taxpayer bailout will be inevitable.

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Sheila Bair, former head of the FDIC, says householders, business leaders, politicians and government leaders are all prone to looking at the short term, and refuse to make the short term sacrifices necessary to put the economy on a trajectory of long term growth. There is also a sense of short sightedness and resistance to any regulatory steps that would actually create a better framework for the financial industry for longer term growth. The financial industry opposes increases in capital requirements for reserves that would lead to a healthier balance sheet for the industry, and opposes any efforts to create amore stable financial system for the country that might sacrifice short term profits. She points to IBG-YBG sense that prevailed in the industry, I be gone- you be gone, leading to the mortgage crisis. The industry tolerated faulty ratings, faulty packaging of securities, and showed complete lack of attention to the long term consequences of such behaviour and excessive leveraging, as long as the short term profits could be made. To a large degree the situation remains the same today, says Bair. Bair and Feldstein were among the first to suggest the Obama administration tackle the huge number of bad mortgages, that were leading to a wave of foreclosures. Only if this problem was tackled head on could this be put behind and the economy be put on a path to steady growth. As it stands today the Obama administration has not tackled the problem, the financial industry still has bad mortgage debt on its books, foreclosures continue, housing prices face further declines, and this will hold back an economic recovery. She refers to the "rationalization" of the last crisis by leaders in the financial industry through the assertion that nobody saw the crisis coming, when she says some of us did see it coming, and a "rationalization" by the same leaders in saying they did nothing wrong. Bair says that the continuation of business practices that led to the financial crisis of 2008 create risks for a new crisis. And some people in government continue to support these same practices while claiming popular support. The President's focus every two years is on getting re-elected and raising funds for re-election, business is focussed on the short term, and this creates a pervasive sense of the short-term throughout out the system and society. ...

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The U.S. Fed publishes a 38 page policy statement in Nov. 2013 on procedures and guidelines for stress tests of U.S. banks. Efforts to increase clarity for stress tests. Outlines for three scenarios- baseline, adverse and severely adverse.

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This New York Times editorial says a smaller Wall Street and growing jobs in other fields will be good for New York as well as good for the country. It says New York politicians should focus on finding new ways for New York to broaden its tax base and get new businesses and new opportunites in fields such as media, advertising, entertainment, health care and tourism. Especially welcome are initiatives such as the science and tech campus of Cornell University promoted by Mayor Bloomberg. Tighter financial rules and higher capital requirements are good for the country and for New York the editorial emphasizes, because they help control reckless banking practices that destroy capital and opportunities for growth elsewhere in the economy. It points to Kevin Rose's Nov. 21, 2011 account in the Times showing a healthy culture shift in New York and the country with the status jobs being seen not at Goldman Sachs but at Google, Apple and Facebook. Rose's account shows that in the last 3 years the number of Wall Street employees of ages 20-34 declined by 25%....

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Resistance to EU reforms for a Single Sky Plan by controllers and national aviation agencies. The EU Transport Commissioner, Sim Kallas, is pushing the Single European Sky plan. This is being planned for January 2012. With the creation of the Single Sky national barriers would fall, national air traffic bureaucracies would give up powers, and controllers in European countries will have to work more efficiently and may face job cuts. Europe's air traffic system is splintered. There are 39 national agencies, and Eurocontrol with 64 control centers. Europe has twice as many bureaucrats and support staff compared to the U.S. European air-traffic agencies costs per flight are 75% higher than the FAA's, mostly because of labor costs. According to Eurocontrol, air traffic in Europe went up 1% in 2010 over 2009, but delays went up by 34%. Over 40% of scheduled flights in Europe were over 5 minutes late in 2010- the comparable figure for the U.S. is a little over 25%. This splintered situation became an obvious drawback during the volcanic eruption in Iceland, when the lack of a single regulator meant the lack of a common standard. In 2009, the EU presented its own program that would group 32 national agencies into nine units called airspace blocks, which would given the task of breaking down internal barriers and integrating operations A common set of standards for all air traffic agencies would be set, and advanced technology would be used to support safety and efficient flight management. This program is now set for initial implementation in January 2012. As part of this effort European governments like Spain are tackling their high air trafffic controller costs....

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George Osborne, Britain's Chancellor of the Exchequer, says he supports giving regulators powers to take action to split banks that do not ring fence their risky operations and separate deposit taking from risk taking activities. He says this as parliament considers legislation on banking regulation after the LIBOR investigations and problems in British banking following the 2008 financial crisis. Osborne said: "Irresponsible behavior was rewarded, failure was bailed out, and the innocent- people who have nothing to do whatsoever with the banks- suffered." Referring to the larger role of the financial industry in the British economy, Osborne stated: "Our country has paid a higher price than any other major economy for what went so badly wrong in our banking system." This comes as Britain feels the impact of a decline in growth in 2013.

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The White House announced it has the plan for regulatory reform outlined in a 85 page white paper. It provides the bbasic steps planned and the the reasons the administration chose to modernize the existing setup analogous to redesigning and making improvements based on the existing framework rather than building from the ground up. The five key steps are: 1) Increase the power of the Federal Reserve to provide strong and consistent supervision of the larges financial firms. 2) Getting Congress to authorize the government to dismatle large firms to avoid the kind of chaotic collapse that ocurred at Lehman and which worsened this crisis. 3) New rules for derivatives trading and securites built from mortgage loans. 4) Creating anew agency to protect consumers of mortgage, credit card, and other financial products. 5) the administration having a setup to increase coordination with other countries to prevent businesses from migrating to less regulated locations. Obama's comments to CNBC were " Speed is important. We weant to do it right. We want to do it carefully. But we don't want to tilt at windmills. We want to make sure that we're getting the best possible regulatory framework in place so that we're not repeating the mistakes of the past."...

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President Obama's new rtegulatory reforms in final form as they go to Congress for passage. Exrtensive preparatory meetings with financial firms and industry participants, legislators, and consumer agencies and otehrs between Summers, Geithner and their aides and these firm's executives and leaders before the reforms were worked out.

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An interview with the President in which he says "the only real regulatory approach I've been interested in is in raising fuel efficiency standards so we can wean ourselves off dependency on foreign oil." Mr. Obama is saying that his real desire is to be doing less, when is has had to do more. The key words he comes back to are rules of the road, transparency and openness. The government's role in his view is to set clear rules of the road, but not to so few rules that you have the kind of situation that ocurred to setup this bubble and the financial collapse. In his view the right rules won't stifle finnacial marketplace innovations, but allow a recovery that does not have any of the bad characteristics of the financial bubble. He wants to see a sustainable model of economic growth that is not dependento on a supply of foreign dollars, or high levels of debt, and looks to the dynamism of the free market for growth.

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Nocera says that the Obama regulatory reform did not address the issue of banks or financial firms that are too big to fail. Issues that were raised by Former Fed chairman Volcker. It also does not address the issue of customized deritvatives, the derivatives that caused so much damage during the financial crisis, especially at AIG. For these derivatives the Treasury Department will establish a clearinghouse, so that their price and trading activity can be more readily seen. The reform places enormous trust on whoever is running the Fed. This trust has not supported by the actions of Mr Greenspan in letting the bubble develop, and in favoring little or no regulation.

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A summary of President Obama's financial regualory reform proposal by the WSJ Washington Wire. The official document is titled, A New Foundation: Rebuilding Financial Supervision and Regulation, running 89 pages.

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Pearlstein touches on the main issues raised by Obama's regulatory reform proposals. A thorough and independent analysis by a panel of seasoned regulators and independent experts would have done better, Pearlstein says. It would take more time, but the regulatory reforms need to be thorough, considering the damage that has been done to the financial system, and considering the opportunity to do something serious about this. It would have also shielded the administration from criticism if tough action was needed in some areas. Hearing all sides of the matters at hand, and weighing the pros and the cons on each issue is helpful, but there are gaps in this approach when some of the key actors like Geithner and Summers have worked too closely in the past with the financial firms that are being regulated, and may have a tendency and bias in that direction. The President's lack of expertise in these areas, and a desire to keep the regulatory hand as light as possible, and intense obying by financial firms, can tilt things away from serious regulatory reform. The danger is that the opportunity to fix things with major structural changes where necessary, and some tough actions where needed may be lost. Some of the obvious gaps are mentioned by Pearlstein. There is no measure to tackle the situation with the ratings agencies. There will be more transparency than before but complex derivative trading can take place prettty much like before. Credit default swaps will continue as before. If you set up acouncil of regulators, then why not bite the bullet and consolidate them into a single agency, asks Pearlstein? Banks will continue to have their proprietary trading desks, from where they ran up huge losses, these act like in-house hedge funds. Ultimately a lot depends on who is running these agencies, or the Fed, and what is the prevailing opinion about markets in the country. The prevailing opinion that the less regulation the better for free markets, and the lack of independent regulators, and poor appointments, had a lot to do with the capture of the regulatory agencies by the the firms they were supposed to regulate. And on this point the President is on safer ground, as he can ensure that he appoints tough regulators and create a new culture that puts regulation right where it should be, as a necessary ingredient for free markets, just like rules of the road. And in one area the President has created a new structure, a new agency with powers- this is where consumer protections are at stake- so that the abuses that took place with mortgages do not take place....

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How Elizabeth Warren, a Professor at Harvard Law School, influenced economic advisor Summers and President Obama in their decision to form a Consumer Financial Protection Agency. She met with Summers recently and they have known each other for a long time at Harvard University. Warren has spoken up for consumers, and written several books and articles on the subject of protecting consumers, credit and economic stress. She was the chief advisor to the National Bankruptcy Review Commission and chairwoman of the Congressional Oversight Panel which acted as a watchdog over the TARP program. Ms. Warren says she first got the idea of a financial products agency while researching a 2003 book about middle class families who did well on one income, but now were having a difficult time coping with two incomes. She made the point that it wasn't overspending by many families that was to blame but poorly designed financial products. In 2007 she wrote an article in the journal Democracy about this idea of an agency to protect consumers of financial products. She says overhauling the regulation of financial products is necessary not only to help consumers make good decisions, but also help "make the market work." And she adds that the market "has been badly regulated" through a system of seven federal agencies, each of which has jurisdiction over some aspect of consumer financial products. See the other link in the WSJ of June 20, 2009, by Jason Zweig, which talks about the influence of a friend of Obama at University of Chicago Law School, Prof Sunstein, on the formation of a Consumer Protection Agency. Sunstein, and Thaler, a Professor of Economics at the University of Chicago, wrote a book "Nudge" which shows the impact of psychology and the behavioural element in decisions made by consumers. Sunstein and Thaler express the idea that there are advantages in having standard products that cannot lie to consumers, and are based on the "fair-dealing, openness and transparency" the President emphasized. They act as an anchor for all other products, which are compared to these products. ...

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Henrik Bohme says in DW.com that the German government may have to step in to rescue Deutsche Bank after the $14 billion legal settlement with the U.S. Justice Department for the bank's practices before the financial crisis of 2008. He points out that there are other legal settlements that are expected, including one for money laundering charges. In all he says there are 7,800 legal challenges the bank faces. The share price has dropped by 90% to 10 euros by September 2016. The market capitalization is low at 14 billion euros, and it was dropped from the Eurostoxx 50 index because of this. It has 1.7 trillion in assets under management, is a systemically important bank, which means the German government has no alternative but to step in and rescue the bank. Issuing new shares with so many legal challenges is not an option as there would be few buyers.

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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.

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Standard & Poors downgraded the U.S. credit rating from AAA to AA+. In its reasons for the downgrade the ratings agency said the "political brinksmanship" in debt ceiling and deficit reduction negotiations has made the process "less stable, less effective and less predictable." It said the $2.1 trillion savings under the August 2 Debt legislation falls short of what is needed to improve U.S. finances. David Beers, the head of the government debt ratings unit at S&P also said that "we don't think it's coming back any time soon." Countries that still have a AAA rating are Canada, France, Germany, and Britain. Countries with AA+ rating include New Zealand and Belgium.