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Richard Zombeck

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Below the Fold: Regulation. What is it Good For?

Posted: 05/31/2012 8:30 am

A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.

Never mind that JPMorgan lost, by some estimates, $30 billion dollars due to bad bets or that the Facebook IPO cost investors millions, "when internal analysts learned that Facebook's numbers were going to be worse than expected, the company and its bankers didn't tell everyone, but just 'selectively disclosed' information to a small group of 'preferred investors," according to Matt Taibbi, of Rolling Stone. It is business as usual on Wall Street and of no concern to us, the unwashed masses. Meanwhile, JPMorgan CEO, Jamie Dimon is out and about again, railing against regulation.

This isn't the first time Dimon's complained about too much regulation. Here's Huffington Post Hunter Stuart's "Jamie Dimon Really, Really Hates Financial Regulation" mashup. Dimon has called regulation anti-American, anti-business, an attack on work ethic and successful people. He's even gone so far as to call public criticism of bankers "a form of discrimination." All this from a guy who has to sit in the back of the limo, drink from his own fountain, and makes his money betting with other people's pensions, savings, and retirement funds.

Dimon, who also sits on the board at the New York Federal Reserve, whining about regulation can't seriously be seen as anything more than a spectacle put on by a gifted actor.

The regulation put in place back in 2010 - all 2,300 pages of it has already been dismantled by lobbyists and looks like a teetering Jenga tower before the last block gets pulled.

A New York Times article, "Bank Regulators Under Scrutiny in JPMorgan Loss," examines "embedded regulators" and whether they are effective or could have prevented the losses JPMorgan suffered.


Roughly 40 examiners from the Federal Reserve Bank of New York and 70 staff members from the Office of the Comptroller of the Currency are embedded in the nation's largest bank. They are typically assigned to the departments undertaking the greatest risks, like the structured products trading desk. Even as the chief investment office swelled in size and made increasingly large bets, regulators did not put any examiners in the unit's offices in London or New York, according to current and former regulators who spoke only on condition of anonymity.

Bill Black, a former SEC regulator, writing over at Naked Capitalism, goes into a deeper examination of the Times' article. "Embedded examiners do not work." Black writes, "They get too close to the bank officers and employees. In the regulatory ranks we called this 'marrying the natives.'"

Making the point that the financial industry has become too complex for most to understand, or that the reporters were simply over their heads taking on this story, Black says:


It is not clear that the reporters understand that the paragraph contradicts itself. It states, as if it were an indisputable fact, that the CIO is a "Treasury unit" and such "units hedge risk and invest extra money on hand." The next sentence contradicts the first. It admits that the CIO actually made "large bets" and "recorded $5 billion in profit." It gambled on derivatives rather than hedged. It may have won these bets in the first three years.

Any regulation put in place is window dressing and, for the most part, irrelevant without regulators in place who will actually enforce that regulation and people in Congress who won't help bank lobbyists chip away at that regulation.

This piece, The Democrats Who Protect JP Morgan's Incompetent Regulator, by Matt Stoller, a fellow at the Roosevelt Institute, paints a pretty bleak picture of Congress flagrantly defending incompetent regulators and voting against the public interest.


Last month, I reported on two amendments put forward in the House Financial Services Committee which would substantially limit the undemocratic power of the Federal Reserve and the national bank regulator, the Office of the Comptroller of the Currency. They would subject these agencies to the regular appropriations process, meaning that Congress could cut off their funds if there were policy disagreements. Right now, the OCC gets its money from banks and the Fed prints its own budget (nice work if you can get it). The amendment put forward to bring the OCC into line with democracy was offered by Rep. Brad Miller, and it lost by a vote of 22-35. The Fed amendment lost by a vote of 24-33. What's interesting, though, is that while Barney's amendment on the Fed lost in a straight party line vote, Miller's OCC amendment would have won if the seven Democrats who voted against it had voted for it.

Even JPMorgan's own internal "regulation" and oversight is a joke. In "JPMorgan Gave Risk Oversight to Museum Head With AIG Role" over at Bloomberg, we learn that Ellen Futter, who sits on the committee responsible for overseeing risks at JPMorgan is the head of the American Museum of Natural History - hardly a position that would merit overseeing financial transactions more complicated than ticket sales.

In fact, her resume could read something like this (from the same article):

Futter headed the audit committee of Bristol-Myers, a New York-based drugmaker, during an accounting scandal that began in 1999 and that the company settled for $300 million to avoid criminal prosecution. She also served on AIG's compliance and governance committees, resigning in July 2008 before the insurer took a $182.3 billion bailout from the U.S. government.

No wonder JPMorgan hired her. The article is definitely worth the read and at the very least, good for a laugh. Here's the link again.

Finally, don't miss Vermont Senator Bernie Sanders on the Ed Show (MSNBC) with a cameo by equally frustrated and disgusted Barney Frank.

Bernie Sanders:


Let me just say again what many people will not be happy to hear. Wall Street is extraordinarily powerful. Congress doesn`t regulate them. The big banks regulate what Congress does.

 

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11:04 AM on 06/01/2012
We the people have a lot of power over this situation but don't seem to implement it. We need to quit participating in our own demise. Quit playing with Wall Street banks. Move our money and investments to main street.
10:05 PM on 05/31/2012
What was that famous Dubya quote? Something like, "screw me once shame on you, screw me twice, um, well, uh ya cain't screw me twice!" The hell you cain't...
jhNY
Mercy.
12:09 PM on 05/31/2012
It's a mug's game. And we're the muggees.
hroark314
The handle says it all, doesn't it?
10:45 AM on 05/31/2012
Ever notice how articles like this never explain how regulation will prevent financial companies from making mistakes? Ever notice how the article never explain why regulators have, in the past, missed so many cases of fraud (think Bernie Madoff)? Ever notice that these articles never explain why finance - one of the most heavily regulated industries in the country - is so much more prone to extreme risk taking than other industries (perhaps it's because of all the bail outs)? Ever notice that they never point out the obvious fact that if the government didn't always bail out financial firms, then tax payers wouldn't be on the hook for their losses and we wouldn't need reams of regulations?
11:33 AM on 05/31/2012
Ever notice how some people completely miss the purpose of an article? The purpose of Below The Fold, and Mr. Zombeck feel free to correct me if I am wrong, it to gather the previous week's stories that some of us may have missed into one place. While yes, there is commentary, it's clear to me the author, in this case Mr. Zombeck, wants us to draw our own conclusions, nor merely accept his own. I'll leave you with my favorite quote of the week... "Knowing how to think empowers you far beyond those who know only what to think." Neil deGrasse Tyson
02:25 PM on 05/31/2012
There's only so much time and information that any one person can put into writing a blog post. If you're asking those questions, Michael, I'm fairly certain that others are as well. And if you're not finding answers to them either in THIS particular post or anywhere else on the internet, then why not go find the answers and write it up? I'm sure that those answers would be beneficial to everyone's educational furtherance.

With regard to your comment of finance being one of the most heavily regulated industries in the country, I would just like to point out that all the "regulation" in the world - and the vast majority of what we have now existed BEFORE the "bailouts" - does absolutely zero good if it's not ENFORCED. I would venture to say that, with the exception of reinstating Glass-Steagal, "we" don't actually need too much more regulation. We just need the regs that are already on the books to be enforced to their fullest extent. As Messr. Black pointed out, when the regulators marry the natives, it becomes that much more difficult for them to actually, you know, enforce regulation.
hroark314
The handle says it all, doesn't it?
12:52 PM on 06/01/2012
How do you know my name?
hroark314
The handle says it all, doesn't it?
12:48 PM on 06/04/2012
How, exactly, do you know my first name?
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Norma Ward
10:22 AM on 05/31/2012
As shown in this article, the world is awash in derivatives created by Wall Street that will implode when interest rates rise:

http://viableopposition.blogspot.ca/2012/05/global-derivatives-market-next.html

The total value of derivatives is in excess of 10 times the size of the world's entire GDP.
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FoonTheElder
Always choosing between the lesser of two evils
09:50 AM on 05/31/2012
The big corporations and wealthy bought and own our government. Why do we think that when they bought it they weren't going to use it to their advantage?
10:09 PM on 05/31/2012
...and the repugs defunded the regulatory agencies... "Mission Accomplished."
09:34 AM on 05/31/2012
one of your best yet, we all really need to be talking about the capture of all industries.
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Rita R
Always asking why
09:29 AM on 05/31/2012
This is exactly what we all needed for so long, Richard, is the aggregation of information, whether on JP Morgan or other issues, all in one place. It makes the case for all readers. THANKS!
12:40 PM on 05/31/2012
I second the sentiment!