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David Enrich of the NYT looks at the collapse of Signature bank and SVB Bank and the role of lobbying that led to president Trump setting up new legislation raising size of banks facing Fed regulatory scrutiny from $50 billion to $250 billion. Signature Bank and the author of the regulatory law after the financial crisis of 2008 caused by faulty bank practices -who in one of the anomalies of Congress joined the bank's board for 7 years and resigned this week-  lobbied with SVB bank for less regulation and government oversight. President Biden has learned from the mistakes of this Obama period, as shown by Jim Tankersley in his reporting in the NYT. this week. And made clear from Biden's State of the Union address in 2023, his effort to focus on cutting the deficit by $3 trillion over 10 years by getting everyone to pay their fair share of taxes.

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Michael Barr was appointed in July 2022 to the Federal Reserve Board of Governors by president Biden, and made the vice chair of financial supervision. As a legal scholar at the University of Michigan with a number of books published on the plight of black Americans after the financial crisis of 2008, he is familiar with the problems created by banks from a laissez fairre approach to regulation.  Barr helped write the rules for the legislation on supervision of banks after the financial crisis of 2008 that hurt worker and families, and minorities particularly in places like Detroit. He is now responsible for correcting the problems created by the Trump legislation that exempted banks under $250 billion from this regulation. Barr will bring this down to $100 billion, the original 2008 legislation has a threshold of $50 billion for banks to be subject to oversight by the central bank and stress testing. In 2018 Barr said about Trump's legislation to limit regulatory oversight in an op-ed in American Banker- "The rules (after 2008) were not meant to apply only to the largest handful of systemically important firms. It is the very antithesis of macro-prudential supervision to focus only on the largest handful of financial firms and to ignore risks elsewhere in the system." ...

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The Project on Government Oversight, a nonprofit group, (POGO), put out its report in Feb 2013 on the performance of the S.E.C. in enforcement actions. The report is critical of the revolving door whereby the same lawyers who worked at large banks and financial corporations later join the enforcement agency for short periods, only to rejoin the financial companies after their work at the S.E.C. This weakens the enforcement at the S.E.C. Robert Khuzami worked at Deutsche Bank during the period when some of the problems resulting in charges against Deutsche Bank being filed happened. He was the chief of enforcement at the S.E. C. during a critical period following the 2008 financial crisis, and supported action that let companies "neither admit or deny" in legal settlements. This practice reduced the deterrent effect of enforcement actions to protect the public.

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Corruption is not a necessary factor for a market economy, it is one of its ills that if left uncontrolled or unregulated risks the downfall of the entire market system with loss of confidence among the people in a market system. This BBC report shows the staggering sum of $44 billion taken out of Saigon Commercial Bank. The report says 93% of loans  given by the bank went to Truong My Lan who set up the bank by merging 3 smaller banks, and shows the brazenness and the scale of the corruption. My Lan started with a market stall during Vietnam's shift to a state driven market economy in 1986 like China, and gradually acquired hotels and other property. Nguyen Phu Trong is the General Secretary of the Communist Party since 2011 and president 2018-2021. The risks to the Communist Party of such corruption have become evident and Nguyen Phu Trong as leader of the Communist Party in Vietnam started his campaign against corruption in 2016 after pro business prime ministers of the past had led to Saigon's economy being left unregulated after 1986 in then Doi Moi reforms. It is Vietnam- and China's- lack of familiarity or experience with the market system that has led to tolerance of outright corruption in the past. In no way does a market system need any corruption of any sort to function that damages the credibility of the system with the people. As it is insidious and can affect the whole economy it requires vigilance, oversight and regulatory checks. ...

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Gretchen Morgenson sees systemic risk looking ahead beyond 2013 in the $4.6 trillion repurchase obligations market or repo market. Problems in the repo market caused the collapse of Lehman Brothers in the financial crisis of 2008. Bernanke, Dudley, Bair and other finance officials have referred to the risk in the repo market which have not been reduced since the 2008 financial crisis. In the repo market money market mutual funds provide short term funding to banks accepting collateral such as mortgage securities. These are overnight loans made to banks and other financial institutions based entirely on trust. During normal functioning the trades are rolled over. The risk is that the trust disappears in a few days as happened for Bear Stearns and Lehman and the firms not able to obtain this short term financing. This is a very unstable form of financing and Lehman depended on it because of the low cost and not having to set aside capital for the trades. Basel III rules require that banks set aside capital against the assets they finance inthe repo markets, and a recent JP Morgan report says the 8 largest banks would need to raise $28-$34 billon in capital for their repo business....

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More revelations such as Pandora papers may not do much because the inertia is institiutionalized and the political system is available for hire, says Prof. Prem Sikka of the University of Sheffield, UK. He says armies of accountants, lawyers and financial experts support this system, the regulatory system in the UK is ineffective, and too many MP's are on the payroll of corporations, says Prof. Sikka in The Guardian. It is the sheer size of the problem that is staggering and could be an indication of how it reduces upward mobility in society, leads to financial crises, and defunds infrastructure, defunds healthcare and housing in US, Europe, Britain and India. The size of illegal money and tax evasion money in the world today is according to this article in The Guardian simply astonishing- $3.6 trillion. 

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U.S. Federal Reserve chairman Yellen launches a sweeping review of practices for supervision of large banks in Nov. 2014. The review is designed to check "whether there are adequate methods for decisionmakers to obtain all necessary information to make supervisory assessments and determinations," and whether channels exist for decision makers to take into account divergent views when important issues arise. This is in response to questions about how the culture at the New York Federal Reserve may have stifled differing opinions on how banks should be supervised and what is proper information sharing between regulators and banks.

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This Wall Street Journal editorial comes out in favor of higher capital reserve requirements similiar to that suggested by Federal Reserve Board governor Daniel Tarullo. The Journal says that if regulators are serious in the U.S. about controlling systemic risk, then the 14% rule or a 15% rule for assets held in reserve by banks should be adopted. Daniel Tarullo had suggested a 14% capital reserve requirement. These requirements would be phased in gradually over several years. Basel III requirements require only a 7% requirement and is phased in over many years. Capital standards are likely to be gamed. For this reason the requirement for only Tier 1 capital to be eligible is essential. What about the Basel III standards and the European banks? Would this put them in a better position to earn higher returns. This should be a problem left for European taxpayers to tackle says the Journal. As long as U.S. taxpayers are supporting U.S. banks with an implicit subsidy to take on larger amounts of risk -because they will be saved in a crisis with taxpayer dollars- the Journal says it makes sense to require 10-14% in capital reserves. It cites the Japanese banks which were highly overleveraged with lower capital reserves compared to American banks, and fared poorly. The Dodd-Frank bill imposes a complicated set of regulatory requirements with regulators required to write new sets of rules. The editorial concludes that it is far better to tackle the problems in the banking system with a sufficiently high requirement for capital reserves to manage risks than to have the detailed rule making on every subject that Dodd-Frank suggests....

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

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Jon Hilsenrath of WSJ provides an illuminating account of how Daniel Tarullo as head of the Large Institution Supervision Coordination Committee has changed the way bank supervision and rules are set for U.S. banks since the days of the 2008 financial crisis. Tarullo started the effort under Ben Bernanke and continues this in 2014-2015 under Fed chairwoman Janet Yellen. The New York Fed is seen as ineffective in bank supervision and the supervisory role is now entirely performed under the leadership of Tarullo, assisted by Kenneth Gibson and Timothy Clark. The trio are some of the great unsung heroes of the effort to put the U.S. financial system and the economy on a safer footing.

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The revolving door at the U.S. financial markets regulator, the S.E.C., and lax enforcement, as S.E.C. officals take up jobs at law firms and financial institutions. Here Inspector General Kotz and Senator Grassley provide many examples of revolving door practices at the S.E.C., with officials taking up positions and bringing their expertise to private firms being regulated in the same fields and specialized areas.

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Imposing losses on senior bond holders is acceptable under EU law during a liquidation process, say experts. Having them take losses in a restructuring would require changes to European and national laws. The uncertainty this creates coud hurt Spain's larger banks such as Santander and BBVA, which have so far not been affected by the crisis. A new European banking supervisory authority could insist on losses for senior bond holders to reduce the amount needed from the EFSF or ESM rescue funds.

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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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Spain's National Court is looking into the problems at Bankia and the leadership of Rodrigo Rato, a former head of the IMF and Economy minister in the government of Mara Aznar of the Partido Popular. The current prime minister Rajoy was deputy prime minister in the Aznar government which lost the election in 2004.

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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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Stephen Friedman's positions at Goldman Sachs and the New York Federal Reserve.