LyrArc Article Gist
An assessment of the Dodd-Frank financial reform legislation by 2014.

LyrArc Article Gist
The American Treasury Secretary who handled the 2008 financial crisis, Henry Paulson, gives the new US financial reform legislation an incomplete grade. His main concern is that the too-big-to fail risk in the US banking system continues, and without clear rules a lot depends on the regulators. He does not see higher capital requirements doing much to ease that problem, and sees another crisis in a few years as inevitable. Former SEC chief, Harvey Pitt, gives it an F for failure or an I for Incomplete. He sees it as a boon for lawyers, because it is not clearly written and leaves so many loopholes, to a degree that is simply astounding. He says it does nothing in the way of preventing another crisis. Does nothing for transparency, nothing for monitoring and action by regulators, all factors that led to the crisis of 2008. Nouriel Roubini gives it a C+, because it does little to fix the reasons why securitization failed and caused the crisis, and in this way will keep credit creation and expansion in a weak state. He sees this financial reform bill as a failed effort that is laying the ground for the next crisis, with little action in the "too-big-to-fail" area, a huge dilution of what former Fed Chairman paul Volcker had advocated in the Volcker rule, and no real impact on the risky trading of derivatives. Bill Gross of PIMCO gives his frank assessment in no uncertain terms. A D+ for this bill. It shows how lobbyists for the banks still control Congress he says. It would have been better to let Paul Volcker take charge completely, than to have the lobbyists dilute the critical reform proposals. Simon Johnson gives it the lowest passing grade at MIT, a B. The only large change he says, is the Kanjorski Amendment, which give federal regulators the authority to breakup the large banks. But he cautions that it may require another crisis for the regulators and Congress to "get it," and do what they should be doing....

LyrArc Article Gist
Paul Barrett, Assistant Managing Editor of Business Week says the year 2009 will represent a year of lost opportunity to reform the financial system. The Obama administration and Congress did not have the courage to do what is needed, and did not take Paul Volcker's advice on the danger of ahandful of banking institutions controllig a major portion of global banking assets. The WSJ reported that the world's 10 biggest banks account for about 70% of global banking assets, up from 59% before the crisis. It is ayear he says of missed opportunities and little was done in so many areas, including derivatives regulation and the credit rating agencies continue doing business as before with clear conflict of interest inherent in their practices. Barrett says genuine reform fizzled, and we will regret it. The Obama administration and Congress let themselves be influenced by the banking lobbyists and bankers, just as they allowed genuine health reform opportunities to slip in 2009.

LyrArc Article Gist
Estimates of new rule making as a result of the Financial Reform Bill of 2010, range from 243 new federal rule-makings required based on an analysis made by law firm Davis Polk & Wardwell, to higher numbers made by other experts. The Journal reported in a separate piece on the analysis made by Davis Polk and Wardwell. That estimate includes 67 one time studies and 22 new periodic reports, as being a estimate on the low side. The Journal says the larger banks would benefit by being better able to handle the extra regulatory costs.

LyrArc Article Gist
By July 2013 only about 40% of the Dodd-Frank financial reform legislation rules were completed, 60% of deadlines were missed, according to law firm Davis Polk & Wardwell LLP. A singular aspect of the Dodd-Frank legislation was that rule making was left to regulators in different agencies and open to lobbying by the financial industry. This has the effect of delaying the rule making until a consensus is reached, diluting some of the original intent as financial firms jockey for advantage, and making it voluminous in many cases because of the wording designed to achieve consensus and account for objections by various interests. Reform legislators such as Barney Frank openly said they had no interest in learning enough about the financial industry to do the rule making, and may have left an excessive amount of the rule making to regulators in the future. A consumer protection agency was established under the new law and derivatives are required to be traded on exchanges. The Volcker Rule to separate investment banking from deposit taking and a requirement that banks hold onto a portion of mortgage securities marketed are not completed. The S.E.C. has to write the rule on how much money brokerages must set aside for losses on swap trades. Another bubble in financial markets would leave the U.S. and European economies vulnerable to problems similiar to the global financial crisis of 2008, which is why the U.S. Federal Reserve, the Bank of England and the European regulatory authorites are requiring large banks to set aside more capital reserves. The S.E.C. under its new chief is also taking a more active role in overseeing the banks for violations of securities laws, including a series of actions taken against JP Morgan Chase bank in 2013. This has a deterrent effect as the huge monetary easing by the U.S. Federal Reserve to reduce unemployment also creates bubble conditions in financial markets, according to Fed governor, Jeremy Stein. Former FDIC chief, Sheila Bair, says the lack of leadership in this area is simply astonishing....

LyrArc Article Gist
The Volcker Rule that prohibits federally insured banks from trading on their own account is likely to become law. It is part of the financial reform bill now making its way through Congress. Banks are now lobbying against a provision put forward by Blanche Lincoln of Arkansas to prohibit banks from trading derivatives. She has offered changes which would give banks two years to spin off their derivatives operations, and this would still have to be separate from the commercial bank's operations with separate capital.

LyrArc Article Gist
James McIntyre's book about Gordon Brown, (title is Power with a Purpose) who like Jimmy Carter, was more respected in retirement for doing good work humbly and not getting into a revenue generating speaker's circuit or consulting, or boards of directors of companies. McIntyre looks at his career, the involvement of Mandelson as Business Secretary, the failures of Mandelson and Blair in New Labour, and Gordon Brown's failure to revive the Labour Party. The Times says Gordon Brown has grown in stature since leaving No. 10 Downing Street. Under Blair, Brown was No.2 and headed the British Treasury as finance minister. He only became prime minister at the end of his career during the 2008-2009 financial crisis. He started the effort to redefine Labour Party after Margaret Thatcher defeated the Labour candidate from Plymouth Mr. Foot and swept out socialist Labour and the trade unions. Then followed privatization and changes in the British economy which were followed by Reagan in the US by 1980. Through this period Brown and Blair tried to create the concept of New Labour which won in landslides as Britain switched back to Labour as the alternative. As the Blair magic withered Brown was left tackling the 2009 financial crisis but failed to define what Labour was- his Business secretary was Peter Mandelson who unlike Brown was in Labour but in for his own purpose and had a cynical attitude to politics as a way to retire in some privileged business position on boards of directors. The result is well known Cameron and the conservatives who were even less qualified than an earlier generation of Conservative politicians, their decision to call the Brexit referendum, the verdict of yes on Brexit leading to Cameron's replacement by Boris Johnson, and Britain having 4 prime ministers in a span of five years as discredited austerity drive was replaced by Keir Starmer's Labour. This project with McSweeney as Starmer's campaign manager cleared Labour of socialist outlook Corbyn supporters, won in a landslide in 2024, only to fail to define the purpose for which Labour stood for and Starmer's ratings dropping to new lows of 18% support as Reform UK's Farage took up the issue of migrants and the culture that enabled migrants to enter the UK. Britain has been let down by two generations of less competent, poorly qualified for public service politicians over three decades since the 1990's- through Blair/Brown, Cameron, Boris Johnson and left struggling with Keir Starmer. Sixty years after decolonization of an Empire in the 1960's, Britain has not gained in purpose and strength, only drifting along as new powers emerge in Asia and the world changes. ...

LyrArc Article Gist
Lack of meaningful reform of credit rating agencies by 2014, 6 years after the 2008 financial crisis.

LyrArc Article Gist
Krugman says earlier profits at Citigroup and BofA were a figment of the accountants imagination. Both announced losses for the third quarter. He says the moment for radical action for banks has passed but now its all upto luck that even as the banks are not lending job growth can be supported. Beyond that there is he says a desperate need for financial reforms.

LyrArc Article Gist
Sheila Bair releases her new book in Sept 2012 on the financial crisis of 2008-2009 and the efforts to introduce financial reforms for a safer financial system: "Bull By the Horns: Fighting to Save Main Street from Wall Street and Wall Street from Itself." She is particularly critical of U.S. Treasury Secretary, and former head of the New York Federal Reserve, Timothy Geithner, as protecting the interests of Citigroup and Wall Street in his position as Treasury Secretary of the U.S. government. She describes in detail the situations in which Geithner tried to water down essential reforms to the financial system to make it safer, including the Volcker Rule. Of particular concern is the revolving door by which banking regulators or government officials join banks after service in the government which leads to weakening of regulatory and government oversight and systemic risks as in 2008-2009. Sheila Bair is widely respected for her efforts during the financial crisis from 2008 to 2011, when she headed the Federal Deposit Insurance Corporation, the FDIC. Her active involvement in defending reforms and setting up the system by which financially failing banks could be taken over and unwound without risks to the U.S. financial system are lasting contributions. She also succeeded as a manager by setting up an experienced and effective successor in Martin Gruenberg as head of the FDIC, to continue this work. A former Congresswoman, she describes herself as a Republican populist from Kansas. Her current role is as senior advisor to the Pew Charitable Trusts, which itself is a rare phenomenon today for a senior government official leaving government....

LyrArc Article Gist
The WSJ editorial had this to say about Congressman Barney Frank who spent 7 years on the board of Signature Bank after working on regulatory reform for the Obama administration following the 2008 financial crisis. The two roles contradicted each other, regulation of banks and being on the board of a bank which lobbied for loosening regulation and worked with crypto asset companies. The Biden administration rolled up the Signature Bank following the collapse of Silicon Valley Bank. 

LyrArc Article Gist
Matthew Curtin reminds readers about a couple of facts about Germany. There has been a leftward movement of the Christian Democrats which has supported social protections in the global financial crisis. During the crisis collapsing exports that hit Germany hard. The Free Democrats as a result are the only party campaigning for reforms and lower taxes. The Christian Democrats think some of the Free Democrats plans are unrealistic. There is heavy public questioning of free market economics, and the reason the Social Democrats did so badly with only 23% of the vote is that it supported pro market reforms and lost some of its working class base. As the work subsidies expire in 2010 unemployment could hit 11%. So he says don't expect much in the way of reforms just because the Free Democrats got 15% of the vote and are in the coalition with Merkel.

LyrArc Article Gist
Shiller, Kashyap, Mishkin, Slaughter, Stein, Stulz, Rajan and others are part of a 15 academic economists group called the Squam Lake Group. They first met at a conference in November 2008 at Squam Lake in New Hampshire. The group has come up with a report that they hope gets the prominence of the 9/11 report. It is called the Squam Lake Report. The book will be introduced in a conference at Columbia University by Fed chairman Ben Bernanke. Some of the economists have little faith in regulators and a new Financial Stability oversight Council led by Treasury Secretary Geithner. (Stulz, Kashyap). The group sees need for better disclosure of risks of financial products, especially retirement savings products.The editor Seth Itchik sees the book as today's version of the 1938 book by Harvard and Tufts economists called "An Economic Program for American Democracy." The motivation for this effort in a field where economists have different opinions, is to build a consensus for decisive action by Congress and the government of the U.S. Two new suggestions that are not in the Congressional bills for financial reform. One is issuance of contingent convertible bonds or CoCo bonds. Banks would be encouraged or required to issue such debt which would convert into equity in a crisis. These funds would help recapitalize a bank in a crisis with no taxpayer liability. Another new proposal is to have a fraction of each year's bonus pool for banking executives to be held separately- if the bank ran into trouble, that portion of pay would be withheld from senior managers. And the group sees political aspects and lobbying making sound plans less implementable in Congress. Congress lets regulators curb pay practices and coordinate other actions which has not worked in the past and during the crisis. Congress has even in its best effort acted on only some of the things needed in its bills- this includes higher capital requirements, and compulsory "living wills" for the largest financial institutions, and the Volcker Rule. The rules for derivatives are still being negotiated by Blance Lincoln who introduced this provision, with the result being more transparency. If it is watered down it would not ensure the strict separation of derivatives trading on the capital accounts of banks that Blanche Lincoln envisaged. ...

LyrArc Article Gist
Barney Frank, of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is interviewed by the New York Times one year after the passage of the legislation. He says we did not punt anything, it was because the legislators couldn't get everything right that they set up the provision for extensive rule making. He would rather forget financial matters as they are not his strong point, he has learnt more about repos and derivatives than he ever wanted. Critics have pointed to the extensive rule making delegated to regulators in Dodd Frank as a major weakness. It makes Dodd-Frank as effective as the regulators want it to be, something that goes back to an earlier period before 2008 when lack of regulatory discipline led to the financial crisis. He gives the regulatory agencies CFTC and the S.E.C. good grades for writing some of the rules because of the difficult conditions they face. His main fear is the stalling by Republicans in Congress and efforts to weaken the law by crimping resources for the agencies. And he fears the Republicans with support from the banking industry see the 2012 presidential elections as an opportunity to reverse the legislation....

LyrArc Article Gist
Areas in the "too big to fail" part of Dodd-Frank U.S. financial reform legislation where work remains to be done to prevent a future crisis include: the creation of living wills by the largest banks so that they can be dismantled in an orderly fashion, and the designation of which banks are systemic risks by the Financial Oversight Stability Council. The FDIC and the Federal Reserve have yet to finalize the rules for creating "living wills" for large banks. The rules are expected to be finalized by fall 2011. The FOSC is working on the designations and what criteria to use for selecting the non-bank firms that pose systemic risks. Progress has been made at the FDIC by finishing several rules for implementing a new system to wind down a large failing bank. The FDIC is hiring staff for a new office that focusses specifically on large complex financial firms. Fed Governor Daniel Tarullo has led the effort for higher capital reserve requirements for U.S. banks, requirements that would be closer to 14% for capital reserves. In an editorial on June 16, 2011, the Wall Street Journal said that if the Federal Reserve is serious about controlling systemic risk then it should support capital reserve requirements of 14%....

LyrArc Article Gist
France's president Sarkozy, said of British demands to protect its financial industry: "To accept a reform of the treaties by all 27 countries, David Cameron asked what we all considered unacceptable: a protocol in the treaty which would exonerate the U.K. on a certain number of regulations on financial services." British demands included one that would have made transfers of power from a national regulator to a E.U. regulator subject to a British veto, and a committment to keeping the European Banking Authority in London. To European leaders who are dealing with the fallout from years of weak regulation and bad loan decisions by banks, Britain's efforts to shield its banking industry was seen negatively. Efforts by Cameron to win exemptions for Britain's financial sector during a time of severe financial crisis is only leading to Britain becoming isolated from the 26 other countries in the European Union.

LyrArc Article Gist
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.

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
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....