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CFTC, Key Regulator, Doesn't Receive Requested Budget Despite Growing Responsibilities

Cftc Budget

The Huffington Post   First Posted: 11/15/11 01:16 PM ET Updated: 11/15/11 01:16 PM ET

Congress has decided to deprive a key regulatory agency of the funds it claims it needs in order to effectively keep an eye on Wall Street.

Lawmakers in Congress have agreed to give the Commodity Futures Trading Commission (CFTC) just $205 million in 2012, one third less than President Obama's budget request, according to The Wall Street Journal. The CFTC regulates derivatives and bets on the future prices of commodities, protecting against fraud and manipulation.

The agreement will give the CFTC only slightly more funding than this year, despite its increased role in regulating derivatives under the Dodd-Frank Act, according to the WSJ.

"We have seen the results of an ill-funded and ill-equipped regulator. It isn't a pretty picture," Bart Chilton, a Democratic commissioner for the CFTC, told Politico. "Congress can fund our agency and we can do the job they have instructed us to do or we will have to pick and choose priorities."

Congress's decision comes just as the CFTC started to investigate MF Global, the brokerage fund that filed for bankruptcy two weeks ago, after the fund made bad bets on Europe. In addition about $600 million of MF Global clients' money has gone missing, according to Reuters.

But the CFTC isn't the only regulatory agency facing a budget squeeze. Congress denied extra funding to the Securities and Exchange Commission just as lawymakers increased the commission's regulatory responsibilities under the Dodd-Frank Act. The SEC asked for 19 percent more funding in 2012, but the House denied the boost instead allocating the same amount of funding to the agency as last year, according to MarketWatch. The Senate had approved funding increases for the CFTC and SEC in September, but Congressional Republicans leveraged their influence to ensure that funding would be frozen at current levels.

Because of their limited staffing, the CFTC and SEC already have missed their July deadline for writing rules mandated by the Dodd-Frank Act, according to The Financial Times. The CFTC said it hopes to finalize its rules on derivatives by next year, the FT reported.

The financial industry stands to benefit from the SEC's funding freeze, not only because of decreased regulatory scrutiny but also because of the limit on fees corresponding with a limited budget. The SEC is self-funded by the fees that it imposes on the financial industry, and the Dodd-Frank Act mandates that the fees that the SEC levies cannot exceed its budget, therefore the smaller the budget, the lower the fees, according to The New York Times.

Congressional Republicans have sought to defang the financial regulatory overhaul legislated in the Dodd-Frank Act last year, both by aiming to delay and water down the rules written by regulatory agencies and by providing those agencies with less funding. The financial industry has also lobbied lawmakers to water down Dodd-Frank, spending more in the first quarter of 2011 than in the previous year, when Dodd-Frank was being written, according to the WSJ.

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Congress has decided to deprive a key regulatory agency of the funds it claims it needs in order to effectively keep an eye on Wall Street. Lawmakers in Congress have agreed to give the Commodity ...
Congress has decided to deprive a key regulatory agency of the funds it claims it needs in order to effectively keep an eye on Wall Street. Lawmakers in Congress have agreed to give the Commodity ...
 
 
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HST
Conservatism = selfishness
10:31 PM on 11/16/2011
Repubs slash funding for Wall street rules enforcement and will blame the predictable results on President Obama and Democrats just like they did with the failure of their "trickle down" economic policies.

The GOP is a pox on our nation.
10:03 PM on 11/16/2011
I fear the pendulum has swung too far and is way too heavy with money to ever swing back. "I don"t want my kids to inherit this loaded system, I"ll just take one more little bribe.". "How much did you say.". "Oh, that much?" "Well ok, this is the very last time.". "What's that?" "Well that's more than I make in a year, how can I say no?". "I'll quit someday, maybe before the kids grow up and inherit the system.". "After all, I am winning, aren't I?"
02:24 PM on 11/16/2011
Pursuant to the the Dodd-Frank bill signed into law on July 21, 2010, the CFTC proposed reforms to Rule 1.25 that would have limited investment in customer funds. In a letter to the CFTC, MF Global's general counsel, Laurie Ferber, formerly managing director Goldman Sachs, objected to many of the proposed changes, including what were to be severe restrictions on repurchase transactions, including those with customer funds and with affiliates of the firm.

Ms. Ferber's influence in futures regulation is substantial and spans over two decades. As general counsel to a commodity firm owned by Goldman Sachs, in 1991, she was able to secure a secret letter from the CFTC (made public only in 2008) that granted exceptions to limitations designed to curb speculation in commodity futures.

On July 20, 2010, Ms. Ferber, along with MF Global president and former Goldman Sachs CEO, Jon Corzine, appeared in two private meetings with high level CFTC officials, including another former Goldman Sachs CEO, Gary Gensler, to discuss the proposed rule changes. The same day, the CFTC announced in the Federal Register (footnote 4) that the proposed changes to Rule 1.25 governing customer funds would not be addressed and "may be subject to future [CFTC] rulemaking."

It was only three months later that MF Global would admit to regulators that over $600 million in customer funds could not be accounted for.

http://english.economicpolicyjournal.com/
02:17 PM on 11/16/2011
The Dodd-Frank financial overhaul, which became law in July, gave the Commodity Futures Trading Commission a year to establish rules governing the $615 trillion over-the-counter derivatives market, including which companies will be categorized as swap dealers or major swap participants. Those are designations that entail higher capital requirements and increased scrutiny.
With numbers that big, the regulators are salivating. Indeed, Chairman Gensler said as much:
"This is like the 1930s for the Securities and Exchange Commission. I mean, I am just tickled pink," he said..
He proudly displays a dog-earned copy of the Dodd-Frank law on his desk, its cover signed by a who's who of U.S. regulation: 

Ben Bernanke, Paul Volcker, Tim Geithner, Sheila Bair, Mary Schapiro and Elizabeth Warren, among others.

"It's like my high school yearbook!" Gensler exclaimed.

http://www.bloomberg.com/news/2010-11-03/clearinghouse-membership-shouldn-t-be-restrcted-to-dealers-gensler-says.html
02:09 PM on 11/16/2011
Both the Commodity Futures Trading Commission and the Chicago Mercantile Exchange were charged with overseeing MF Global, their clearing member. If we are to believe them, they had no idea of any difficulties within the firm before customer accounts went missing just a few days before the collapse. But someone clearly knew of the cratering positions and imminent collapse of MF Global, as billions of dollars of accounts were “coincidentally” withdrawn,” writes Huffington Post’s Daniel Dicker, noting how funds in accounts owned by the billionaire Koch brothers were withdrawn just in time, clearly suggesting that big players got a “heads up” that MF Global was going down.

http://www.huffingtonpost.com/daniel-dicker/the-koch-brothers-and-mf-_b_1089906.html
02:08 PM on 11/16/2011
We find it supremely ironic that one former Goldmanite, in this case the CFTC's Gary Gensler, takes credit (doing the people's work this time?) for allowing the failure of what is now a documented criminal enterprise, MF Global, run by another former Goldmanite, Jon Corzine, and claiming this was nothing less than an example of "Freedom To Fail". The NYT quotes Gensler: "This was an example of a financial institution having the freedom to fail,”

http://www.zerohedge.com/news/here-comes-politicization-mf-global-former-goldmanite-gensler-says-mf-failure-example-freedom-f

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http://dealbook.nytimes.com/2011/11/03/gensler-testifies-on-mf-globals-downfall/

According to Bloomberg, “Examiners from CME Group Inc., the world’s largest futures exchange, found unexplained wire transfers at MF Global Inc. and a $900 million shortfall in client funds during the weekend the failing broker was talking with possible buyers, a person briefed on the matter said.”

CME noticed the missing funds on October 30, but MF Global didn’t inform the Commodity Futures Trading Commission until the day after, suggesting that the transfers were made, “in a manner that may have been designed to avoid detection,” according to CME.

http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/11/16/bloomberg_articlesLUQ7FP0YHQ0X.DTL

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HUFFPOST SUPER USER
anonymous67
06:05 AM on 11/16/2011
America, our government is corrupt. We must get money and corporations out of elections -- and return government to the people.
10:36 AM on 11/16/2011
You're right but even the Supreme Court is corrupt. They essentially sealed the fate of America by their Citizens United ruling.
02:53 AM on 11/16/2011
The Repugs and some (too many) Dems do NOT want Wall Street regulated because they are bought and paid for BY Wall Street, banks, and big corporations.

If the CFTC agency doesn't have enough money, they can't do a good job watching Wall Street even if they want to.

It is just more Repug Ayn Rand style laissez faire capitalism.
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BBackSoon
Hello, I must be going.
12:02 AM on 11/16/2011
This is yet another part of the Republican plan to 'Starve the beast.'
oilfield
large employer per obamacare
10:30 PM on 11/15/2011
how many folks does it take to enforce a law? 200m wow!
HUFFPOST SUPER USER
kamact
Market Observer
10:05 PM on 11/15/2011
Fire Timmy and Ben,...and jail them for their crimes against the people,....
HUFFPOST SUPER USER
devildog0311usmc
08:21 PM on 11/15/2011
LOOKS LIKE SOUP FOR MANY AMERICANS ...THE LOWER 50 % CAN'T AFFORD TO BUY ANYTHING...THEY ARE UNEMPLOYED---ON FORECLOSURE--HOMELESS---CREDIT RUINED----HOMELESS SLEEPING IN THEIR VEHICLES --PARKS... SOUP--SOUP--SOUP
HUFFPOST SUPER USER
kamact
Market Observer
10:19 PM on 11/15/2011
Yes, they have become economic slaves,...
05:47 PM on 11/15/2011
The republicans want to cut everything in sight. The only remedy for restoring cuts they have made is to cut a large number of Republicans from the House and Senate with our votes next November.
HUFFPOST SUPER USER
devildog0311usmc
08:19 PM on 11/15/2011
GLAD YOU MENTION THAT... I BELIEVE THAT WE HAVE WAY TOO MANY HOUSE MEMBERS AND WAY TOO MANY SENATORS.. ONE MEMBER CAN DO THE JOB OF 2 ... LETS DOWNSIDE THE SENATE AND THE HOUSE BY 50 %
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FoonTheElder
Always choosing between the lesser of two evils
05:04 PM on 11/15/2011
It's all part of the 35 year Republican plan of Starve the Government Beast. By creating tax cuts for millionaires and running big deficits, they use that as an excuse to cut budgets and the ability of government to enforce regulations and do its job. They then complain that 'government is the problem' when it is unable to do their job with the people they have. The Republicans have not only created the problem in the first place, but they hire total incompetents and corporate lackeys to run government when they are in office.
05:33 PM on 11/15/2011
PART of that MAY be true... But what also is true is that far, far too many govt agencies / operations are terribly inefficient. Far, far too often I hear of the horror stories of the inefficiencies and bureaucracy that hinders productivity and effectiveness.
We must address that failure as well.
(And what bothers me the most about that is that.. These are fellow Americans abusing / taking advantage of the system. Just like those in the 1% are taking advantage of the failures at that level - we have many fellow Americans taking advantage of their govt positions/jobs. We must demand a 'quality good / quality service' for our tax dollar paid-for jobs!)
04:55 PM on 11/15/2011
The CFTC does not do it's job, it is captured by the industry it is supposed to regulate. Go ahead and give it some more money. It'll be a waste just like the rest of it.

They should only receive money, ANY money, if they pledge to do their jobs, uphold the law, and protect investors and the public.