The "R" Word - What Does It All Mean?

Posted by marathongal

Sun Mar 30th, 2008 11:34 AM

No not 'R'ecession! I'm talking about the other 'R' word: 'R'egulation! Every economic panic has raised questions about regulation, and the current market debacle is no exception. Especially in an election year. As I'm writing this, Congress is looking into overhauling our nation's oversight of financial institutions.

government-regulation-strangles.gifThe danger is that Washington will come out with a knee-jerk-reaction piece of legislation such as Glass Steagall or Sarbanes-Oxley. The former came out of the Depression and legally separated commercial from investment banking broker/dealer activities, under the presumption that riskier financial activity would place consumer depositors at risk, a risk that was never verified as a cause of the Great Depression. As markets evolved over time the law didn't make sense and became counter-productive to US banks; after some wrangling Congress finally repealed it in 1999. As for Sox, having grown out of the Enron and Worldcom scandals while the SEC was asleep at the wheel, well, that's another discussion.

But some legislation has been beneficial, such as those that established the SEC, to provide oversight to the markets and encourage more transparency. And the Federal Reserve Act, that established the Fed, centralizing our nation’s money supply and creating a more effective means to control monetary policy that remains a model for central banking around the world.

So what's next? Well, right now we have an 'alphabet soup' of agencies providing a patchwork of oversight, including the following:

1. FEDERAL RESERVE - bank holding companies and banks that are members of the Fed, also manages monetary policy and issues securities for the US Treasury

2. OCC - part of the US Dept of Treasury oversees nationally chartered banks

3. OTS - also part of the Treasury dept, oversees thrift institutions

4. FDIC - insures consumer bank deposits

5. SEC - supervises public exchanges

6. NASD (Currently known as FINRA) - supervises securities dealing activities

7. OFHEO - part of the US Dept of Housing & Urban Development, supervises government-sponsored entities such as Fannie & Freddie

8. FHA - also part of HUD, provides housing loans for lower-income

...not to mention each state's banking department.

Ok, got that?

The issue is, places like Bear Stearns or Lehman Brothers don't undergo the same level of scrutiny as banks that accept deposits. And that's probably a good thing given their role in providing innovation in the financial marketplace. Yet they have come to play an increasingly crucial role in effecting liquidity in the marketplace, which includes banks. So when Bear falls, it rumbles through to potentially destabilize the markets, and ultimately the economy.

So what's the solution? What I'm afraid of is all of these calls by politicians for MORE regulation; if anything just to show the public that they're doing SOMETHING to address the issue...ugh.

A better idea would be more EFFECTIVE regulation. There must be a balance between protecting the interests of the public/economy vs. stifling financial innovation that can lead to unintended consequences (inability to compete in world markets, market illiquidity, etc.).

I like the ideas put forth by US Treasury Secretary Paulson and Senator Chuck Schumer of streamlining all of these various financial regulators. Today's article in Bloomberg is titled, "Paulson to Propose New Financial Overseers, SEC-CFTC Merger", and aims to give the fed more power:

Treasury Secretary Henry Paulson is likely to call for the creation of new regulatory agencies with broad powers over lending, the securities industry and business conduct, according to the draft of a study he commissioned.

The report, which recommends more power for the Federal Reserve, also proposes combining the Office of Comptroller of the Currency -- which dates back to the Civil War -- and the Office of Thrift Supervision into a single banking overseer.
The UK did this by establishing the FSA; an independent body that regulates the financial services industry in the UK. As of now, although each agency applies the same regulatory standards, the system creates tremendous inefficiencies, and the taxpayers deserve better.

The real question is this - if Bear Sterns were subject to the same level of oversight as a bank like JPMorganChase, would all of its troubles have been prevented? Would the Fed therefore not have had to come in and move the way it did?

Or maybe Bear should have managed its own risk better, in which case no amount of regulation would have prevented the firm’s potential meltdown. Their story is not over yet and more will unfold. Until then, Congress should hold off on passing another law until the root causes are fully understood, so that more effective regulation could be applied.


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