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There is strong cirticism from many quarters about low interest rates as a prime culprit in causing the bubble in housing prices. In comments before the American Economic Association, America's Fed Chairman Bernanke defended his role as Fed governor in 2003 when he along with Greenspan was an advocate of the decision to cut the Fed's target interest rate to 1%, and to leave it here for a year and raise it only slowly. Bernanke says countries like Britain, New Zealand, and Sweden had tighter monetary policy but there home prices rose more, and monetary policy explains only 5% of the variation in home prices. Analysis has shown he says that capital inflows such as those the U.S. received from China and other Asian countries explains 31% of the variation in home prices, supporting a contrasting theory that that its these global imbalances that drove the crisis. He also placed the primary fault for the housing bubble on relaxed lending standards and views that housing prices would rise forever. Alongside these comments Fed chairman Bernanke also said that bank supervisors and other financial regulators of which the Fed was one, has a better ability to contain the excesses that led to the economic crisis including housing bubble and other excesses, than the Fed as a monetary policy maker. By saying this Bernanke is acknowledging that the failure of regulation was a key part of what happened in the economic crisis. The failure to fix the regulatory system even now leads Bernanke to say that he is open to using monetary policy as a supplementary tool for addressing risks should another bubble develop, if the regulatory system isn't reformed. Still Bernanke and Greenspan were quite complacent at the time of the low interest rates and did not point out the dangers of global capital imbalances which were evident at the time, preferring to say that the United States could benefit from the inflows of capital from overseas without serious risks. And the Fed did not exercize its role of vigilance in alerting the country to excesses in the way the housing industry operated and in exercizing its own powers to that effect. Instead the Fed as regulator and in role as asafeguard for serious risks let itself become part of the cheering section as the worst excesses in housing were being exposed....

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Renewed calls for higher capital reserves by banking regulators and Britain's Independent Banking Commission after $2 billion in losses at UBS. The losses were a result of derivatives trades made at UBS's London trading desk.

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Achieving net zero emissions by 2050 will require huge amounts of capital. One estimate is $131 trillion. Where will it come from. The UN Glasgow Financial Alliance for Net Zero says financial groups with assets of $130 trillion have committed to its program to cut emissions. This WSJ report says that is enough scale to generate $100 trillion through 2050 to fund the investments needed for new technologies and provide the finance for companies to restructure themselves in a new world.  The question is how much of this is real as banks, insurers, pension funds and private investor groups are only now taking on the task of restructuring the finance industry. It was not even addressed during the 2015 Paris Agreement on Climate Change talks. For this to be truly transformative and the transformative changes to take place governments have a critical role in requiring a common standard for reporting and measuring climate change progress. Government regulatory action and oversight is essential for timely and rapid action to take place. Financial regulators, including the US Federal Reserve and the Bank of England have agreed to add their own oversight through reviews and disclosure standards. The problem is that private sector plans are not concrete. Data is non existent or inconsistent and measurement is not taking place across all of the financial sector on key parameters. The UN has limited power to enforce rules. Who will act to ensure decisions are taken, progress measured after standards are set, transparency set, and how can governments deliver on each step through 2030 ensuring the transformation of the financial sector so that the decisions are taken according to a master plan for climate change in the US, UK, European Union, and India.   ...

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Prof. Brandon Garrett of the University of Virginia, School of Law, says the $2.6 billion settlement of Credit Suisse with the U.S. Justice Department does not provide accountability for the financial crisis. The settlement comes with an agreement to protect Credit Suisse from U.S. regulatory agencies such as the S.E.C. The Swiss bank will be allowed to conduct business as investment advisor, something not allowed if it is indicted for a criminal offense. And the focus of the investigation on secret Swiss bank accounts is unresolved, as the names of these account holders will continue to remain a secret for Swiss banks. Protess and Greenberg say if this was intended to burnish the image of the Justice Department and Attorney General Holder, after its lack of prosecution to hold individuals accountable following the 2008 financial crisis, it is not clear how long this will happen. A separate editorial by the WSJ raises the same questions.

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Irwin says about the revised Basel III rules in Jan. 2013- one hopes that Mervyn King of the Bank of England and Basel regulators are doing the right thing, striking the right balance between pushing for higher capital requirements and adjusting this to take into account the stalling economies of Europe and the U.S. Banks were given till 2019 to meet capital requirements. More assets are now eligible to meet capital requirements (including lower rated corporate bonds) under revised Basel III rules. The large legal settlements and speculative losses of large banks in Europe and the U.S. in 2012 put more pressure on banks with the risk of reduced lending.

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Failure of U.S. regulatory agencies to implement an important provision of the Dodd-Frank legislation- instructing regulators to find all references to ratings agencies in their rules, and then replace them with better standards for judging credit risk. Treasury's Office of the Comptroller of the Currency, is one of the agencies trying to gut this reform, says this Wall Steet Journal editorial. The S.E.C. voted unanimously in March and April to propose rules eliminating credit agencies in their regulations on money funds and stock brokerages. As the comment periods have ended, the Journal calls for the rules to be immediately made final. Officials from FDIC and OCC are dragging their feet on this. One problem they face is their assumption that the Dodd-Frank law requires them to come up with the perfect rule for measuring credit risk. This is not what the change is intended to do. It is enough says the Journal to return the responsibility for the right metrics and the hard work of analyzing a security back to where it belongs- to people who manage these assets and institutional managers. Even if they made some mistakes it would be far less than the systemic risk posed by having all major institutions making the same mistake at the same time and the entire system following flawed ratings by the big three credit ratings agencies. This happened in the 2008 mortgage securities financial crisis. S&P has stated that it does not support the old system. And new alternatives are appearing for ratings- CreditSights, Rapid Ratings, Kroll Bond Ratings which got S.E.C.' support, and other alternatives still to come....

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Compare this fine of $100,000 for an interview with Tories Rishi Sunak by GB News Program, a British broadcaster, days before the election by British Broadcasting Regulatory Authority Ofcom, with the unregulated and free for all ways of PACS throwing their weight around days before the US election. The US democratic framework owes much for its origins in the British parliamentary democracy and its institutions and concepts, yet in the framework for parties vying for support there is a glaring missing element of restraint and rules, regulatory principle so that anyone can run for office. Under the current system which is not a given and which was written by human beings and can be corrected most people are not keen on raising huge amounts of money are excluded from public service, a great loss to the nation.

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Paul Davies says the leadership at Deutsche Bank is short sighted and cannot afford more slip ups or missteps following the U.S. New York Fed's examination. The examination revealed serious shortcomings in regulatory reporting and failure to correct them. As U.S. operations represent one fourth of its balance sheet this raises issues for the bank's overall financial position. Deutsche Bank has committed additional $1 billion in systems investment and staff to tackle this. Added problems he mentions are that Deutsche Bank lobbied against the Fed's proposal for foreign bank capital requirements even though it remains undercapitalized. The bank's leverage ratio at 3.4% is low and Davies says changes at the top are needed if further missteps occur.

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This editorial in the Economist magazine says the banks have paid large fines for wrongdoing but individual accountability has not been achieved. Only one individual conviction has been achieved related to market rigging in Britain. The penalties paid by banks between 2009 to 2014 worldwide add up to $245 billion, according to CCP, a research group. The problem says the editorial is that without individual accountability this is likely to be seen just as a cost of doing business. For the culture at banks to change individual acountability has to be established, and only now are banking regulators realizing that the public's disillusionment with the political parties in power during the last decade in Europe and the U.S. has its roots also in the way accountability has been tackled. Editorials in the WSJ and the NYT have addressed the same theme and expressed the same concern. The May 21, 2014 editorial on the U.S. Justice Department's legal settlement with Credit Suisse. "Holder convicts Switzerland," was critical of the Justice Department because this settlement did not bring accountability or justice. Columnists Eavis and Reilly in the WSJ, Protess and Greenberg in the NYT, were also critical of the settlement. Other legal settlements followed the same pattern throughout 2012-2015. Another aspect of this and a larger problem is that the same management has remained in place in some places. Shareholders expressed their feelings at the recent Deutsche Bank meeting in June 2015 when one shareholder association asked the question: "Mr. Jain are you the solution to the problem or part of it?" questioning how the same management that created the problems was going to fix the problems. A week later the two co-CEO's departure was announced and a new CEO appointed. BaFin, Germany's regulatory authority was described as not providing effective oversight on management at Deutsche Bank, by Eyk Henning in the WSJ March 28, 2014. It is too early to say if the public's frustration with the slow pace of establishing accountability and generating culture change is at long last registering with regulators and the political parties running the government. Prime minister Cameron and chancellor George Osborne's decision to put $1 billion into communities throughout Britain from the fines, described in the WSJ May 31, 2015, and an additional $227 million pounds from a legal settlement with Deutsche Bank in April 2015 for creating 50,000 apprenticeships, is the first sign of a conviction developing in political parties that instincts of fairness and the compact between the people and their government handed down over many, many years and generations, need to be respected. In the U.S. communities devastated by the recession and foreclosure crisis, especially inner cities, could benefit from Cameron and Osborne's exceptional idea. For the political parties and the political elites in Europe and the U.S. it is a way to restore some of the trust lost in the last decade. For banks a change of management, cultural change, will benefit the employees and shareholders, and improve relationships with customers, restoring trust over the next decade....

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Eisinger says the Federal Reserve's staff plays an important role in regulatory reform. He quotes Cornell law professor, Robert Hockett, who says the general counsels tend to become more conservative over time and inclined to support the status quo. This makes required regulatory changes such as increasing the capital reserves at banks and reducing leverage more difficult. Eisinger describes the position of the U.S. Federal Reserve's general counsel, Scott Alvarez, on disclosure of lending by the Fed during the banking crisis, and on capital reserves, which veered more to the position of the banks which preferred less information be released and capital reserves be left at the 5% level than the 6% proposed by the FDIC and the Office of the Comptroller of the Currency. Comments by Alvarez in nonpublic hearings to Congressional staff members on May 18, 2012, about the JP Morgan London Whale trading losses, according to Eisinger, shows lack of awareness of the overall implications of the breakdown in financial controls and supervision inside the bank....

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This report in WSJ looks at the unanimous vote in the House of Representatives delisting hundreds of Chinese companies trading on U.S. stock exchanges. The Holding Foreign Companies Accountable Act passed by unanimous voice vote in the House of Representatives after a similar vote in the Senate in May, and will be signed into law by president Trump. The law says foreign companies should be delisted if they fail to comply with U.S. Public Accounting Oversight Board regulatory agency's financial audits for 3 years in a row. The basis of the law is that all companies should be equally treated and required to meet U.S. regulatory standards to be listed. It also ensures safety for investors who may be defrauded of their money investing in companies that have not met such audit requirements. Wirecard in Germany and some Chinese companies have failed in the past because of lax overseas standards. This gives three years for the Chinese companies to prepare. This report also points out that the MSCI Index has 43% Chinese companies even more than before. American investors can still buy these stocks on the Hong Kong exchanges so that if fairness and investor protection should prevail American investors have to think and act along the same lines. China is also decoupling from the U.S. to some extent and pushing to have its companies listed on the Hong Kong Shanghai and  Shenzen stock exchanges. For these reasons the access to global capital is not likely to be affected by this law particularly with the behaviour of major American institutional investors. China is providing incentives to these investors even though it did not do so in the past creating another hurdle to the goal of creating a level playing field in regulatory requirements stock for all companies listed on American exchanges and safety for investors.  ...

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Regulators from the S.E.C., the FDIC, the Federal Reserve and the CFTC, defend the plan to implement the Volcker Rule in Jan 2012 hearings before the House Committee on Financial Services of the U.S. Congress.

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Friedman compares the anti-corruption movements in India and the U.S., the world's two largest democracies. The Occupy Wall Street anti-corruption movement in the U.S. focusses on the excessive influence of banks on lawmakers, regulators, and the government, through the use of campaign money, revolving door for government officials and regulators to join banks, and intense lobbying. The anti-corruption movement focusses on corruption in government at higher levels, such as the handling of government licenses, and at the basic levels of needing to bribe officials for something as simple as getting a birth certificate or other government document. Both have pernicious effects, in the U.S. excesssive bank influence leads to taking excessive risk for higher bonuses, putting the entire financial system at risk and creating a crisis in housing that delays the economic recovery. And in India the corruption leads to retarded progress, as funds to invest in infrastructure and development are siphoned off, business and entrepreneurs are required to pay bribes at each step, and ordinary people face the need to pay bribes for the most routine interactions with government officials. In the process this creates more unequal societies by skewing the distribution of benefits from wealth created to groups that are better equipped to game the system. The economic system once distorted in these ways has tendencies to take talent away from productive activity and innovation which create wealth, and direct it towards speculative activities....

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Janet Yellen, Fed chairwoman, says the financial system is safer now after the financial regulation, stress testing, living wills and other changes that the Federal Reserve has implemented. She says there is no need for a reduction in these key regulatory rules. One of the changes is that banks now use a safer mix of financing- equity financing has doubled for capital, and wholesale borrowing is cut in half, since the 2008 financial crisis that took the U.S. and with it the global financial system to the brink of disaster. The appointment of Randall Quarles to the Fed by the Trump administration was intended to  reduce regulation, and this is Yellen's response to such proposed ideas. 

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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....

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Under the Volcker Rule setup during the global financial crisis of 2008-2009, banks total investments in private equity, hedge funds and similar higher risk funds cannot exceed 3% of high quality capital. During the financial crisis investment banks were highly leveraged leading to the collapse of Bear Stearns and Lehman Brothers, and the precarious financial condition of other banks. Goldman has pared down about 60% of such investments. Remaining are $4.8 billion in private equity investments, $1.2 billion in real estate, and about $1.1 billion in both credit and hedge funds. Regulators have given the bank till July 2017 to comply. As banks recovered from the impact of the crisis, the tearing of the social fabric that happened with high unemployment in some groups especially older white men, has remained six years after the crisis- as evident in the U.S. election campaigns this year. As a result the mood has shifted for tighter regulation and both party platforms, Republican and Democratic, now call for reinstatement of the Glass Steagall Act, which separated commercial banking from investment banking as part of the lessons learned from the Great Depression. Volcker, was chairman of the U.S. Federal Reserve during the Carter administration, known for taking a tough line against inflation. He was the principal driver of the move to restrict banks from risky activity, and faced considerable opposition from banks during the 2009-2013 period when the rule was being formulated.  ...

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NYT's Landon Thomas gives this exceptional report on how Deutsche Bank changed from a lender to the German auto industry and safe banking practices to enter the derivatives business and other opaque financial products that led to taking on huge risks. Deutsche Bank has agreed on Dec. 22, 2016 to settle with the U.S. Justice Department paying a fine of $7.2 billion for practices relating to faulty mortgage securities. This report says the problems started in 1995 with Deutsche Bank's leadership hiring Edson Mitchell of Merrill Lynch to promote the investment banking business at Deutsche Bank. Mitchell hired two derivatives traders Broeksmit and Anshu Jain. Mr. Mitchell died in plane crash in 2000 when he was 47 years age, Mr. Broeksmit committed suicide in 2014, 58 years in age, Mr. Anshu Jain, 53 years old, is the only surviving person of the three. Under Mr. Jain Deutsche Bank assumed more and more risk, and was involved in complex and opaque financial products leading to the toxic mortgage crisis, and manipulation of the lending rate for London banks.  It also lent $300 million to Donald Trump's businesses. Most of the profits generated from this venture have evaporated, with analysts estimating $15 billion in fines and penalties owed of the $20 billion that these ventures generated. Not counting the serious damage to the bank's reputation in Germany and the U.S. This report points out the role played by the CEO from 2002 to 2012 of Deutsche Bank, Josef Ackermann, in encouraging these ventures converting the bank from its original loan as a contintental lender to business to a bank selling opaque financial products for most of its profits. Landon Thomas also describes the events and days leading up to the suicide by Broeksmit, including a visit to a psychiatrist and Broeksmit's facing enormous stress about the investigations underway in Germany and the U.S. looking into the opaque financial products and practices of Deutsche Bank. This is also a cautionary tale about what happened in banking from the late 1990's leading to the collapse in 2008, leading to the problems of today- the need to rescue the economy in 2008-2009 and the low rate world that ensued damaging the savings of ordinary people, the infrastructure that was never built, the parallel crisis of the hollowing out in manufacturing as a false prosperity boomed in banking and finance. In a sense it is also a story of everyday lives that were damaged in the high flying boardrooms of finance in New York, London and Frankfurt. The revolving door between regulators and the banks made it harder to monitor and control banking risk letting this story unfold over decades, damaging the credibility of governments and the established political parties without clear alternatives from outside; as the dominance of Wall Street executives in the new outsider Trump administration shows.  ...

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New risks are emerging in the shadow banking system as regulators work to make the banks safer. Banks as deposit backed financial firms are different from mutual funds, private equity and other firms that are doing more of the financing for business and home loans in the U.S. financial system. As banks deleverage responding to tighter regulation by increasing capital buffers and reducing assets, it makes the financial system safer, yet creates new risks in the shadow banking system not subject to regulation and not supported by bank deposits the way banks are. A IMF report put out in April 2015 underlines these new risks in the U.S. and European financial system. Mutual funds and exchange-traded funds now rival banks in providing financing to companies with high debt. Total bond holdings worldwide in 2014 were $9.6 trillion, increasing 25% over 2008, and the mutual funds leveraged loans increased 60% to $151 billion in the U.S., 223% in the eurozone to $126 billion, according to the IMF. The IMF points out that these mutual funds and exchange traded funds favor emerging market and corporate junk bonds, and operate in a way where they mimic each others in their investments, creating contagion. With hard to sell securities and the rapid decline in these types of funds in a panic, the effect could be to create contagion across the funds. In the mortgage lending field a similiar process of deleveraging is happening. U.S. banks share of federally guaranteed mortgages from big banks down from 61% in late 2012 to 33% in 2015, other smaller finance companies taking up 51% increasing from 24%, according to an American Enterprise Institute report. Paul Tucker, former deputy governor of the Bank of England, points out the dangers. He says policy makers and regulators are playing catchup with firms in the financial services industry who are constantly looking for gaps in the rules, a game that policymakers and regulators are likely to lose at some point....

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JP Morgan Chase bank's tentative deal with the U.S. Justice Department includes agreement that the bank will not face penalties for the problems at Washington Mutual and Bear Stearns, financial companies acquired during the 2008-2009 financial crisis. The failing firms were acquired at the urging of federal regulators and management at JP Morgan sees holding the bank responsible for the culture and behaviour of management at Washington Mutual and Bear Stearns as not a fair response of regulators. What the deal does do is include provisions for covering losses of investors. Of the $13 billion legal settlement JP Morgan will provide about $3 billion for institutional investor losses on mortgage bonds issued by JP Morgan, Washington Mutual and Bear Stearns. $4 billion goes to the Federal Housing Finance Agency, for misleading the regulator about quality of mortgages sold to Fannie Mae and Freddie Mac. Another $4 billion goes to homeowners for losses suffered. $2 billion relates to penalties for JP Morgan's own behaviour during the years leading to the financial crisis. Attorney General Eric Holder and the Justie Department see the settlement with JP Morgan Chase as a template for action against other banks for behaviour leading to large investor and homeowner losses following the 2008 mortgage financial crisis....

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Banks in the US are moving away from cryptocurrency and shunning connections with the cryptocurrency business after a regulatory crackdown by the SEC and public warnings about its future. Banks are reevaluating exposure to the crypto sector no matter how small, says this WSJ report. In early 2020 the regulatory agencies were not vigilant enough about this sector which is now seen as highly risky and not for the private sector- digital currencies being the province of central banks just like the US dollar which is issued with the backing of the US government. The Federal Reserve website says about CBDC, Central Bank Digital Currency in highlighted language.- "Like existing forms of money the CBDC would enable the general public to make digital payments. As a liability of the Federal Reserve, a CBDC would be the safest digital asset available to the general public, with no associated credit or liquidity risk." It is because the US Congress failed to act and a prevailing culture of laissez faire, failure of regulatory agencies to act quickly that allows this to happen, that the private sector was allowed to dabble in what is clearly the province of central banks. Laissez faire is originally a French word meaning "allow to do" which has been taken to extremes such as letting private sector issue digital currencies in the prevailing culture. The Fed's Lael Brainard, Jay Powell, Treasury's Janet Yellen did not come out saying what the Fed's website now says and highlights that the only safe digital asset is the central bank's digital currency. Compare this with the caution taken from the beginning about crypto sector by India's finance minister Nirmala Sitharaman and the head of the central bank of India the RBI Mr. Shantikanta Das. ...

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In its May 2011 special report on international banking the Economist points out the need for banking regulators to take stronger action than they have so far. What it calls "pre-emptive insurance" it says is needed - stronger regulation, larger capital cushions, and some form of separation of different kinds of banking. Without this the dangers of excessive risk taking and banks that are "too big to fail" will continue to threaten the world's economy. Banks that are smaller and better capitalized says the Economist can fail more gracefully than the large mega banks that exist at this time. In fact the banks today in the U.S. are larger than at the time of the 2008 crisis. Other analysts also point to the lack of major changes in banking and financial structures today compared to the situation before the 2008 crisis, both in Europe and the U.S.

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The London based Financial Times says of Nathan Anderson and his NY city based firm Hindenburg short seller's allegations on the Adani Group- that the allegations may indeed prove baseless. Yet it says India's regulators should engage with this issue for the sake of transparency and integrity, to demonstrate the "quality of its governance and the strength of its institutions." Particularly as the US and Europe see India as an alternative to China for the supply chain.

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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.