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Danger in Wall Street’s Shadows

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Frank Portnoy of the University of San Diego law school says it would be a serious mistake for the Obama administraion not to have the same rules for all derivatives, rather than the preferred financial industry option of leaving unregulated privately negotiated derivatives or "swaps" between two financial organizations. Under the current Geithner proposal only the public derivatives or standardized instruments would be traded on regulatory exchanges and required to have cushions of capital in reserve like banks do. Previous efforts of regulation were defeated in the same manner says Portnoy, as when Sen Graham and Wendy Graham head of the CFTC, both worked to get this exception. In December 2000 this lobbying effort paid off with Bill Clinton signing into law measures that largely deregulated derivatives.


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