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Sanjay Sanghoee

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Why a Banker Thinks Wall Street Should Be Regulated

Posted: 05/21/2012 2:02 pm

As a follow up to my previous post "Capitalist Revolution: Forget the Deficit and Learn From Europe," and as a banker, I now want to discuss Wall Street reform.

The most contentious issue in the debate about Wall Street reform involves fairness. Many bankers and Republicans complain that the Obama Administration has unjustly targeted the financial sector in imposing restrictions, and that the regulations themselves contradict free market principles. But while people bicker about fairness, they are forgetting one basic tenet of capitalism -- if someone can make a lot of money doing something, even if that something could hurt others, they probably will.

In fact, during the Congressional hearings on the subprime crisis, there was a pivotal moment when Lloyd Blankfein, the CEO of Goldman Sachs, told the committee in no uncertain terms that the bank's actions that eventually played into the market collapse was simply how Wall Street does business and that without regulation, they would do the same thing again. It was a statement of startling candor and one that the press should have paid more attention to. What he essentially said was that the banking industry makes its money by gaming the system and there is no way to stop that except through reform.

Coming from Wall Street myself, I can safely say that the demonization of bankers is unfair and populist. Most bankers are not the unethical and blindly greedy creatures that politicians and the media make them out to be; and there is no doubt that without the productive activities of the banking sector, no other industry in our nation would be able to survive or thrive.

But that does not mean there isn't a ghost in the machine.

While a fair amount of what Wall Street does enables both small and big investors to make money, and every industry from consumer products, food and pharmaceuticals to electronics and airlines relies on banks for business capital, the primary focus of the banking industry is on itself. In other words, the main priority of Wall Street is personal profits for bankers.

In order to achieve that goal, the banking industry is moving further away from activities such as investment banking and lending -- which benefit the economy, and towards more lucrative and self-serving businesses like trading and the creation of exotic securities (which then necessitate even more such activities to hedge against risk). These pseudo-"games" should theoretically be harmless to everyone but the players themselves but in reality they are not. In the globally connected and financially interdependent world of today, everyone from commercial banks, hedge funds, mutual funds and foreign governments down to your neighbors and grandma are linked through a massive financial network, whose complex transactions are hard to track, difficult to predict and nearly impossible to control. And these transactions collectively run into trillions of dollars. The net result is a colossal domino effect when something goes wrong.

Jamie Dimon, the CEO of JPMorgan Chase, said last week that the bank's staggering losses will not impact its customers. While the bank may shield its customers from the trickle-down effects of this fiasco, I don't see how several billions in losses cannot have an adverse effect on the broader financial system. In this case, the impact may not be crippling but in a chain of dominoes, even a wobbly domino can cause a collapse; and so the mere possibility is too much of a risk for the U.S. to allow.

The only way to guard against this is to intelligently regulate Wall Street, with a particular focus on the market for exotic financial instruments, popularly known as derivatives. More than a decade ago, a woman named Brooksley Born, the head of the Commodity Futures Trading Commission, had first sounded the alarm for the need to monitor and regulate derivatives trading in America, but was purposefully and maliciously sidelined by Federal Reserve Chairman Alan Greenspan and Treasury Secretary Robert Rubin, both of whom were extremely fiscally conservative and ideologically motivated. That short-sightedness by Greenspan and Rubin (not to mention Rubin's deputy Lawrence Summers and numerous other culprits) created an environment conducive to the type of financial engineering that would eventually lead to the subprime mortgage crisis.

The justification for the government's inaction back then is the same as the one being used by the banking lobbies and Republicans today: regulations disrupt the natural flow of business and so are counter-productive, not to mention that restricting private enterprise is immoral. That may be, but in my opinion, it is even more unfair to allow Wall Street to do things that endanger the entire financial system. It would be one thing if the effects of the banking industry's actions were limited to its own sphere, but they are not anymore. When Goldman Sachs or JPMorgan Chase decide to take a risk for the sake of profit, those risks spill over into the wider economy because of the interconnectedness of banks to every other industry and part of the world, as well as the sheer size of the transactions.

Of course, to criticize the banks for doing what they do is silly. Bankers, like everyone else, want to make money and there is nothing wrong with that. Wall Street provides the fuel for the American economy. But if certain activities have proven to be overly dangerous, then it is not only prudent but acceptable to regulate those activities. As Blankfein so bluntly told us, there is no other way to stop Wall Street from taking oversized risks, which can then jeopardize the economy. The money that can be made through trading and other risky activities is so vast that to expect bankers to police themselves in the face of such temptation is unrealistic and naive. Greenspan and Rubin made a grave mistake that should not be repeated.

It may be anti-capitalistic to impose regulations on Wall Street but, unfortunately, it is also imperative. That is not to say that excessive regulation will not hurt our economy, but a sensible and balanced approach to financial regulation can go a long way in reining in excess without crippling the business of banking. It may not be ideal, but after the carnage of 2008, idealism is not a luxury we can afford. Serious times require serious solutions, not ivory tower moralizing.

 
 
 

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As a follow up to my previous post "Capitalist Revolution: Forget the Deficit and Learn From Europe," and as a banker, I now want to discuss Wall Street reform. The most contentious issue in the deba...
As a follow up to my previous post "Capitalist Revolution: Forget the Deficit and Learn From Europe," and as a banker, I now want to discuss Wall Street reform. The most contentious issue in the deba...
 
 
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07:45 AM on 05/22/2012
The problem with JPMorgan Chase playing with derivatives and losing all that money is that if they lost everything, the government (us the taxpayers) have to bail out everyone that lost their deposits. It basically means that JPMorgan Chase was doing some high stakes gambling using depositors' money and if they screwed up, we'd cover all the money that their depositors' lost.

Maybe a simple way to take care of all this would be, if bank wants no regulations on it and wants to be able to mingle investment banking/trading with your regular commercial banking activities, then the FDIC will not cover the deposits.

I think you'd see a lot of money leave the high risk taking banks and others would realize that they have to be more careful with their customers' money.
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lizinsarasota
12:54 AM on 05/22/2012
Coming from Wall Street myself, I can safely say that the demonization of bankers is unfair and populist. Most bankers are not the unethical and blindly greedy creatures that politicians and the media make them out to be; and there is no doubt that without the productive activities of the banking sector, no other industry in our nation would be able to survive or thrive.

But that does not mean there isn't a ghost in the machine.

What? You just watched the most massive fraud in history and you're talking about a "ghost in a machine"??? Oh, Mr. Sanhoee, it wasn't a "ghost" who robosigned the affidavit in my case. It wasn't a "ghost" who filed phony documents (in federal court, too!) in my case. It wasn't a "ghost" who defrauded me of my home. It wasn't a "ghost" who has played fast and loose with centuries of American property rights.
It was the banks, damn it, and I want to know why NO ONE has been investigated, much less prosecuted. The most massive fraud in the history of the world, and not one person has gone to jail.
Tell you what, why don't we start with prosecuting the people who committed the fraud? How does that sound? Otherwise, boo to you.
You bankers make me sick.
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Sanjay Sanghoee
08:43 AM on 05/22/2012
I have no problem with people who perpetrated the subprime fraud from being prosecuted but the reality is neither party has the guts to do it. This isn't the era of Bobby Kennedy but that's my point. It should be again. The more people speak up the more things are likely to change.
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JonasPolsky
Comedy writer ordinaire.
01:42 AM on 05/25/2012
I think he uses "ghost in the machine" to mean an underlying motivation which cannot be excised, more than an imprisoned phantom, or malevolent specter.
12:00 AM on 05/22/2012
regulations are a necessity. "self-regulate" is an oxymoron..since there's no incentive to reducing risk..the upside is just too high and it's always tempting to place bigger and riskier bets. breaking up the banks would be the way to go but that seems unlikely precisely because of their size and interconnectedness globally.
10:57 PM on 05/21/2012
There is at least one ghost in the machine: it's the creation of money out of thin air to the American people by the private banking cartel and then charge interest on that money. Congress has no control.
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Sanjay Sanghoee
10:26 PM on 05/21/2012
Judging by the comments so far, there is clearly impassioned feelings about this subject, as there should be. To be clear, when I say that bankers are unfairly demonized, I am talking about the extreme rhetoric directed at them, which doesn't help anything. In the end, bankers are not monsters but they need to be forced to work within the rules everyone else has to follow. In a future post, I will talk about the practical problems the government has had in implementing sensible reforms, and how to fix those problems. Please keep sharing your thoughts!
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lizinsarasota
01:06 AM on 05/22/2012
Mr. Sanghoee, do ya think that the rhetoric that you characterize as "extreme" is due to the simple fact that NOT ONE BANKER HAS BEEN INVESTIGATED, MUCH LESS GONE TO JAIL for orchestrating the most massive fraud in the history of the world? I mean, is it too much to ask that people go to jail for felony fraud? What--exactly--do you think should happen to the Chases and the WAMUs and the GMACs and the Countrywides and the Wells Fargos and the Deutsches who committed all the FRAUD?
Seriously, sir, you have taken it upon yourself to represent the banking industry, let's hear from you. Who is responsible for the backdated assignments, the robosigning, the forgeries and the notary fraud? What do you think SHOULD HAPPEN to those in the banking industry who hired foreclosure mills and generated millions of phony documents that even now fester in every courthouse in every state in this country?
Hmm? Hmm?
Listen, you banker, if I committed the fraud that WAMU and Chase committed in their filings against me in both state and federal court, by god I'd be UNDER the jail.
07:35 AM on 05/22/2012
Absolutely.. it's simple enforcement and rule of law.
10:06 PM on 05/21/2012
In addition-- please note-- It's funny- Even George Bush saw the meltdown coming from back in 2002-2003. The Bush administration warned about the over-leveraging of mortgage-backed securities and the prospect of extreme abuse of this junk on Wall St. So- let's stop pretending this is a left-right issue, and demand SMART regulation. Dodd-Frank is not smart, and was crafted by the architects of the meltdown themselves. THAT is what the Right resents, and I have to agree.
10:03 PM on 05/21/2012
Most people I know on the "Right" would agree. It's a small fringe who would actually allow wall street to run wild- and they don't understand the implications of such. However, the argument is HOW it should be regulated. Where is the SEC? Surfing porn while Bernie Madoff already did his damage. So now, instead, we get Dodd-Frank?
09:54 PM on 05/21/2012
This is a lovely and true sentence: "It may be anti-capitalistic to impose regulations on Wall Street but, unfortunately, it is also imperative." Just lovely. Ideology and pragmatic solution-seeking are most often antithetical. Very well said indeed.
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aligatorhardt
Cut on the bias
08:27 PM on 05/21/2012
Individuals who gamble with their own money only hurt themselves when they choose poorly, but when they gamble with our savings and investments, they need to be restricted from engaging in risk beyond their ability to recover. Earlier regulations that restricted the amounts of leverage should be re-instituted. Falsifying records is always a crime, and those cases need to be prosecuted. Much blame can be attributed to ratings agencies that gave investments inflated value and caused people to purchase them under false pretense. Regulation is definitely needed on any business, but when the capacity for harm is so widespread, a higher standard must be met. Enforcement is required to make any law binding.
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Bloggerrogr
Fired Up - Ready To Go!
08:17 PM on 05/21/2012
Sanjay; what part of Glass-Stegall did you not understand? After the Depression of the 1930's, when the activities of the banks had caused the Crash, Glass-Stegall was implemented to shield the everyday bank customer from the riskier banking activities that people like Blankfein seem to enjoy. Separating Commercial banking from investment banking just makes good sense. If the banksters want to gamble on derivatives, let them do it with their own or their shareholders money; just keep depositors free from the eventual FAIL which will teach them that they are not as smart as they believe themselves to be.
The DVD, "Inside Job" by acclaimed documentarian Charles Ferguson lays out in stark detail precisely how the financial collapse of 2008 had it's origins in repeal of Glass-Stegall back in 1999 and was fueled by both a financially feckless President (google "ownership society") and enabled by a Congress owned by the financial services sector.

FWIW
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Sanjay Sanghoee
08:40 AM on 05/22/2012
I couldn't agree with you more. And Glass Stegall is a good example of the type of law that can actually work, if it is not allowed to be gutted by special interests!
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Carl Caroli
I just don't understand people
07:34 PM on 05/21/2012
Only the biggest of banks, bankers and corporate CEOs are arrogant enough to think their crap don't stink. Like all other businesses and banks where you don't make enough in one year to live the rest of your life comfortably, we tread carefully not to step on peoples toes.
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DocJoseph
A bleeding heart will heal; a cold heart will not
04:18 PM on 05/21/2012
Let's examine these two sentences that follow one after the other:

"What he essentially said was that the banking industry makes its money by gaming the system and there is no way to stop that except through reform.

Coming from Wall Street myself, I can safely say that the demonization of bankers is unfair and populist."

Um, bankers are quick to say, "Leave me alone" even though there is clear evidence that leaving them alone is disastrous. If it is clear that they require adult supervision and can destroy the country without it, I wouldn't call it demonization, but rather "description."

In other words, if the shoe fits, wear it, and if the size is large don't claim the shoemaker is demonizing your feet for being large.
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aligatorhardt
Cut on the bias
08:29 PM on 05/21/2012
One might interpret the words as beware of stereotypes, they prohibit actual understanding of the facts of each case.
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DocJoseph
A bleeding heart will heal; a cold heart will not
09:28 AM on 05/22/2012
True, generalizations can be misleading, but when we are speaking of the need to regulate an industry, we have to keep the worst actors from causing harm. It's like screening before flying on an airplane. Even the good guys need to be screened.

In the banking industry, even the good guys are making mistakes and causing potential harm. The system itself promotes risky behavior by rewarding it, and the downsides are minimal. That's not demonizing them. It's just the way it is.
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Gestas
Mountain Man
04:00 PM on 05/21/2012
Bankers need to go to jail when they commit a crime...let them make License Plates for awhile..
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Carl Caroli
I just don't understand people
07:35 PM on 05/21/2012
If you get the rules changed, the way they did, technically there is no crime. We can thank the lobbyists and the money hungry bozos in congress.
10:54 PM on 05/21/2012
Yes, the banking cartel is manipulating our policy-makers.
03:46 PM on 05/21/2012
Right Wing Conservative voters (which comprise about 48% of the electorate) are actually more pro-big business, pro-fossil fuels, pro-big insurance, pro-big banks, pro-nuclear, pro-pollution, pro-privatization of everthing, anti-all government, anti-environment than any billionaire. Aspiration and status inconsistency, by otherwise working-class people always produce more extreme opinions than simple, nonchalant acceptance of superior position and status by wealthy people.