Wall Street Regulatory Overhaul: A Guide To The News

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Huffington Post   |  Julie Satow and Ryan McCarthy
First Posted: 06-17-09 12:08 PM   |   Updated: 07-18-09 05:12 AM

What's Your Reaction?

We here at the Huffington Post are going to do our best to guide our readers through President Barack Obama's proposed regulatory overhaul, which he announced yesterday.

For the full video of the speech and the details of Obama's new reforms, see our story.

Check back here for regular UPDATES:

UPDATED: June 18, 4:28 p.m.

The Wall Street Journal's Washington Wire has an excellent summary of the Obama plan. If you're into bullet points, you'll love it.

Count former Secretary of Labor Robert Reich among the ranks of pundits who think Obama's plan doesn't measure up. Reich gets the prize for most colorful language describing otherwise dry financial reform plans. He calls it, "a mere filigree of reform, a sheer gossamer of government." Here's more from Reich:

"The plan doesn't stop stop bankers from making huge, risky bets with other peoples' money. It does increase capital requirements and oversight, but it doesn't require bankers to take their pay in long-term stock options or warrants, and it doesn't even hint that banks should go back to being partnerships instead of publicly-held corporations."


Kevin Drum at Mother Jones is discouraged by the plan's control of leverage. So, too, is George Soros, whose three principles for financial reform appeared earlier this week in the Financial Times. Other key prinicples from Soros: Reining in risk, and getting regulators -- especially, Alan Greenspan-- to accept their culpability in creating the financial crisis.

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Even some in the financial industry were critical of Obama's reforms. Jim Chanos, the billionaire hedge fund manager, appeared on CNBC this morning, and was concerned that Obama's plan didn't go far enough. (In fact, he likened the plan to a "Maginot line.") Chanos said he's concerned the Obama plan is "moving the deck chairs around a little bit, but not getting at some of the activities that caused the problem."

WATCH:


New York Times columnist Joe Nocera wants people to stop with the Roosevelt comparisons. Obama's plan, Nocera says, is "not even close to what Roosevelt accomplished during the Great Depression." What the plan does do is the real story, Nocera says. For one, the Obama plan seems to accept the fact that banks should be allowed to become "too big to fail." Here's Nocera's summary:

"Everywhere you look in the plan, you see the same thing: additional regulation on the margin, but nothing that amounts to a true overhaul. The new bank supervisor, for instance, is really nothing more than two smaller agencies combined into one. The plans calls for new regulations aimed at the ratings agencies, but offers nothing that would suggest radical revamping."

Simon Johnson's got that we should keep in mind as we hear the President speak. Among his queries are whether Obama sees the financial crisis as a "rare accident" or a systemic problem. He also wonders whether Obama will make clear whether he is aware of the true damage that bankers have wrought on the economy? "For example as seen in the increase in our national debt that arises directly from their malfeasance--from around 40% of GDP to 70% (administration estimate) or 75% (IMF yesterday) or above 80% (my view)."

New York Times' Dealbook blog points to a wish list compiled by analysts at RBC Capital Markets of regulations that Obama should include in the plan, but hasn't. Among them are "Significant Pay Increases to Attract Top Talent to Regulatory Agencies;" and "Stiff Penalties for Politicians and Political Action Groups That Pressure Financial Companies."

Felix Salmon attempted to pull apart the 85-page white paper that has been circulated, and tell us what is really important. But, he's thoroughly confused. As he puts it, "FOSC = NBS + FDIC + NCUA + SEC + CFTC + FHFA + FOMC + CFPA + Treasury.... I know what you're thinking -- it can't possibly be as simple as that." And it's not. He proceeds to try and disentangle the difference between federally-chartered banks, state-chartered banks, and credit unions, and other things that make my eyes water.

At Credit Writedowns, Edward Harrison's initial reaction to Obama's plan is largely positive. Harrison takes a look at Obama's five main points, and suggests that Obama's reforms must end "the balkinaziation of regulators." Harrison writes:

"..the concentration of power lies with the Treasury and the Federal Reserve. The executive branch already has too much power in the U.S. Government and the Federal Reserve has fallen prey to cognitive regulatory capture, making it an unlikely choice for systemic risk regulator (which I have dubbed SiRR)."

At Reuters, Matthew Goldstein says that the big winner in Obama's new regulatory regime are the hedge funds. Why? Hedge funds have escaped any major new regulations, save from requirements that their managers will have to register with the SEC. Goldstein writes: "In short, the registration requirement is no big deal and don't expect much squawking from the hedge fund industry. Obama gave them a great a big kiss." (emphasis mine)

What about accountability? Dean Baker, the co-director of the Center For Economic Policy And Research, likes much of the Obama plan, but his biggest issue isn't that we need new regulators, or more powerful regulators. Instead, Baker argues that we need regulators who will actually do something during the next crisis:

"The basic story of this crisis was not that the regulatory authorities lacked the ability to rein in this disaster before it was too late. Rather, the regulators - most importantly the Fed - opted not to use their power to rein in the housing bubble."

Douglas Elliott of the Brookings Institution gave the Obama plan mixed reviews: "The unfortunate aspect is that political constraints have caused the administration to stop short of a full solution in certain areas, most notably in the consolidation of regulatory functions into fewer hands. Nonetheless, the country should be better off if these proposals are passed than if we were to remain as we are now." (READ Elliott's blog on the Obama reforms for the Huffington Post)

Matthew Yglesias of ThinkProgress.org thinks that Obama's emphasis on establishing Federal resolution authority is the right move. In other words, Yglesias says, we need an empowered Dept. of Financial Crisis:

"There's a plausible story to be told in which the global financial panic was caused less by the collapse of the bubble per se than by the fact that the system had no real way to process the failure of certain kinds of firms. Resolution authority, if done well, could really make a huge difference in the future."

Salon's Andrew Leonard brings up an excellent point -- Obama's proposal aren't set in stone. They're very much a work in progress. In fact, Leonard says the real test will be how Obama administration pushes back, tweaks and revises his reforms, while keeping the broader idea of the "free market" the back of his mind.


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We here at the Huffington Post are going to do our best to guide our readers through President Barack Obama's proposed regulatory overhaul, which he announced yesterday. For the full video of the sp...
We here at the Huffington Post are going to do our best to guide our readers through President Barack Obama's proposed regulatory overhaul, which he announced yesterday. For the full video of the sp...
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Obama's reforms of the financial institution are not reforms. They are a white wash of apologies for nation wrecking CEO fraud and long term mismanagement. Obama's economic team invited the financial swindlers to help write the proposed law.
How will the Congress react to such outrageous leadership in dealing with the greatest crisis in our history?

    Favorite    Flag as abusive Posted 11:02 AM on 06/19/2009
- nomorefed I'm a Fan of nomorefed 3 fans permalink

Take back the trillions of $$$ given to the banks, who just sit on it and make it totally ineffective then start government incentive to create realistic industries that give employment and generate real productive income, some of which would hopefully be from exports.

Every other country, especially China and most of Europe have goverment incentives to protect it's industries. No matter what you call it it's a form of protectionism and its inevitable. We should stop being naive and take care of our own house. The only ones who win if we don't are the multinational corporations who don't care where they get their hand out.

recommended reading: http://www.bit.ly/12NCJR

Every other country, especially China and most of Europe have goverment incentives to protect it's industries. No matter what you call it it's a form of protectionism and its inevitable. We should stop being naive and take care of our own house. The only ones who win if we don't are the multinational corporations who don't care where they get their hand out.

    Favorite    Flag as abusive Posted 02:23 PM on 06/18/2009
- hapiday I'm a Fan of hapiday 101 fans permalink
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"we were thoughtful back then. today we have the internet, which means now our voices can be heard instead of suppressed­."

Some voices need to be suppressed, especially when they are shrilled and ignorant.

    Favorite    Flag as abusive Posted 11:20 PM on 06/17/2009

As is usual, K Oberman and R Maddow both ignore the economic catastrophie wrought by Obama's financial team. They do remind me of FOX news.

Business as usual. Apparently Obama was reading a script written by Geithner and Summers. The lie that Summers inserted was the laws put in place during the Great Depression could not protect the economy from the modernized banking system. The truth is Summers was the one who actively pushed to eliminate FDR's Glass Stiegal Act that did protect us for decades.

Now they are trying to eliminate the Savings and Loan Associations. Why? Because they are very solevant and have their own Deposit Insurance Funds. Geithner is afraid when Banks continue to fail and the FDIC runs out of money later this year, depositors will transfer their accounts to S&Ls and Credit Unions.

Obama is trying to cut off all escape routes the working people have to protect their money from the coming Wall Street financial panic.

    Favorite    Flag as abusive Posted 09:53 PM on 06/17/2009

Hey watchtvgetstupid,

He was only elected and sworn in to office a few short months ago. How can his action or inaction be blamed for this BS?
Speaking from my experience, "the working people" in this country have been screwed for many years and I am also not blaming Bush alone. We work, we blog, we are of somewhat intellectual creatures right? I am sure you can agree to that, you have a screen name that insinuates such.

We are all to blame for this mess and until everyone stops throwing stones at glass houses and takes responsibility for their part, this will not go away or become better no matter what anyone says or tries to do.

No one forced me into this soon foreclosure that I am experiencing. I made the decision, all by myself. I cannot blame the banks, the economy or the sub-prime fraud that has perpetuated so many into much finer homes and much more debt than I.
We have all played our part in this mess either by our actions or inaction.
Stop looking to a newly elected official to blame. Look to yourself and ask yourself what it is that you can do to help change things, other than commenting negatively about someone who is trying to help "protect" the money of "the working people".

By the way; There is a big difference in quality TV watching and pure, non-nonsensical, revenue-generating watching.

    Favorite    Flag as abusive Posted 12:15 AM on 06/18/2009
- stuporman I'm a Fan of stuporman 9 fans permalink

the masters of the universe have not been fired. the banks have not been carved up and sold off so as to make them less monopolistic (too big to fail). the ratings agencies get off scott free. glass-steagall has not been reimplemented. the fed gets more power but is not a governmental agency or truly responsible to the american people. wealth is still concentrated in the hands of the rich. but we do get promises that we hope will change things....

    Favorite    Flag as abusive Posted 07:24 PM on 06/17/2009
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Maybe you could give the assignment to guide HP readers through the regulation process to authors who are interested in economics and law. If the regulatory structure in question 'makes our eyes water,' maybe we aren't the best people for the job. Maybe then we could get some people talking about what's actually happening instead of posting and reposting the same opinion held yesterday and the day before.

    Favorite    Flag as abusive Posted 05:05 PM on 06/17/2009
- nogimmicks I'm a Fan of nogimmicks 28 fans permalink

The Fed coup is now complete. The biggest thief gets to control the smaller ones.

    Favorite    Flag as abusive Posted 05:04 PM on 06/17/2009
- Brillig I'm a Fan of Brillig 11 fans permalink

if Obama had been George Bush, spouting drivel, you would all have believed that THIS WAS THE WAY.

Sadly, since he is Obama, all of a sudden, the great minds of America are having doubts...w­ould that you had been all as "thoughtful" THEN, as you are NOW.

    Favorite    Flag as abusive Posted 04:46 PM on 06/17/2009
- stuporman I'm a Fan of stuporman 9 fans permalink

we were thoughtful back then. today we have the internet, which means now our voices can be heard instead of suppressed.

    Favorite    Flag as abusive Posted 07:37 PM on 06/17/2009
- dontpanic1 I'm a Fan of dontpanic1 7 fans permalink
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"Great minds of America"

You give them too much credit. What floors me is that THEY DONT HAVE ALL OF THE INFORMATION. I don't care how many blogs you've read or op ed pieces. None of us knows the full extent of what's going on. Its arrogant to assume that because you've read watched the "news" and read a few articles on the internet, that you know exactly what's happening and how to fix it. And if you have better solutions, you should be shouting them from the mountaintops. Not knitpicking and whining in the stinkn' comments section. This makes me think of how non-mechanics will stand around a watch the neighborhood mechanic fix his car and have the nerve to critique or make suggestions when they have NO IDEA OF WHAT THEY ARE TALKING ABOUT. You don't get POTUS calls. You don't read his reports. If this country is being held in financial hostage by people or groups that refuse to cooperate, it will take a long time, and various means to fix it.

    Favorite    Flag as abusive Posted 08:30 PM on 06/17/2009

They've just created an "Office of Homeland Security" for the Economy. I'm confident this will solve anything--without touching those spiffy hedgefunds.
Can you say, "Band-Aid?"

    Favorite    Flag as abusive Posted 03:26 PM on 06/17/2009

Why aren't the Wall Street thieves being criminally prosecuted for fraud? If Obama doesn't have the courage to do it to his fellow alumni, then why not ship them to China for criminal prosecution for defrauding them? Justice would be swift and absolute there, and the Wall Street thieves could actually contribute to society after their executions by having their harvested organs transplanted in someone dire need.

    Favorite    Flag as abusive Posted 03:12 PM on 06/17/2009
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Give us some names. Who should be prosecuted and for what fraud?

    Favorite    Flag as abusive Posted 05:01 PM on 06/17/2009

i went through the white paper, specifically looking for the new capital standards for banks, probably the most critical issue. all it said was they were working on it and hope to release something by dec 09.

what......­a.......jo­ke.

    Favorite    Flag as abusive Posted 03:09 PM on 06/17/2009
- platanoman I'm a Fan of platanoman 28 fans permalink
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what's a joke? that they will vote on this december or that there's no details? come on now

    Favorite    Flag as abusive Posted 03:19 PM on 06/17/2009
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How on earth are capital standards the most critical issue? There's a big fight right now about the proper level of leverage. Taking time to get the cash reserve question right is more important than feeling good that it was done quickly. That's how we got mark-to-market across the board after enron.

    Favorite    Flag as abusive Posted 05:00 PM on 06/17/2009

burt...the­re is NO question about the proper capital position. It has to be TCE and starting at 4% working up to 6% for largest banks. see basel. see any measure of capital standards that passes the giggle test.

TCE is the only deal. easy enough for you?

    Favorite    Flag as abusive Posted 07:49 PM on 06/17/2009

Republican president Teddy Roosevelt said', "Speak softly and carry a big stick." in connection to the governmental regulation of robber barons and greedmongerers. He had the wisdom of Solomon, and the Republicans made him win re-election as an independent because of it. ( Republican president Ronald Reagan who deregulated the savings and loan industry and allowed wholesale thievery and Republican president George W. Bush who deregulated the Wall Street investment banks and allowed worldwide wholesale thievery, all under the guise of "Free Market Capitalism­".).

    Favorite    Flag as abusive Posted 03:05 PM on 06/17/2009
- rkimball I'm a Fan of rkimball 4 fans permalink

there are plenty of regulations & laws governing wall street. the problem is all the agencies monitor but never enforce their own regulations that are supposed to protect the very people from fraud.

    Favorite    Flag as abusive Posted 01:48 PM on 06/17/2009
- stuporman I'm a Fan of stuporman 9 fans permalink

don't forget that bush destaffed and defunded those agencies so that they couldn't work. all in the name of smaller government.

    Favorite    Flag as abusive Posted 07:28 PM on 06/17/2009
- Sundialsvc4 I'm a Fan of Sundialsvc4 140 fans permalink

Strange, but true ... the only way to put the banking industry back into the hands of people who actually know how to run a bank, is to outlaw(!) the most egregious forms of exploitation.

These folks seem to know a lot about usury, bribery, extortion, swindling, and securities fraud ... and oh yeah, bribery ... but their synapses appear to be unable to comprehend that "what you do to 306 million people at the same time, you also do to yourself." This is the only way to explain how a company whose very purpose is "to sell money" could lose(!!) so damn much of it.

If you want to make this economy fly again ... stop stealing from it. Stop swindling it. Stop defrauding it.

But... you just can't tell a hardened criminal to do that sort of thing.

    Favorite    Flag as abusive Posted 01:33 PM on 06/17/2009
- stuporman I'm a Fan of stuporman 9 fans permalink

and campaign contribution bribes.

    Favorite    Flag as abusive Posted 07:29 PM on 06/17/2009

I am watching Obama speak, and I really want to believe that this proposal of new regulation will work, I have intense serious doubts.

    Favorite    Flag as abusive Posted 01:05 PM on 06/17/2009
- Rule Of Law I'm a Fan of Rule Of Law 148 fans permalink

He wants to give more power to the FED, of all things.

Makes me wish he'd gotten his MBA rather than studied Constitutional law.

    Favorite    Flag as abusive Posted 01:27 PM on 06/17/2009
- munki I'm a Fan of munki 34 fans permalink
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If the previous administration would have enforced and monitored regulations more...

Obama would not be doing what he is doing today...

Unfortunately, too many whiners and complainers forgetting who and what caused it...

AMERICAN GREED + ABUSE AND PAPER CEOS or net wet hand MBAs

    Favorite    Flag as abusive Posted 08:46 PM on 06/17/2009
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