Gerard Baker: American view
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A little over a year ago Henry Paulson, the US Treasury Secretary, set about the task of designing much-needed reforms in the US financial system.
Back then, when sub-prime mortgages were universally regarded as a fiendishly clever idea that was enriching investors everywhere, when ratings agencies, without a hint of irony, could solemnly declare that a bundle of said mortgages was as safe as a Treasury bond, and when Bear Stearns stock could be had for a mere $170 a share, the challenge for Mr Paulson was what to do about America's overregulated financial markets.
The worry then, you will recall, was that the onerous burdens placed on companies, principally by the post-Enron Sarbanes-Oxley 2002 legislation, were destroying US financial competitiveness. All those cumbersome accountancy rules and reporting requirements were driving business away from New York to London and Hong Kong. Wall Street's finest were demanding salvation, and in Mr Paulson, a fellow master of the universe from Goldman Sachs, they thought they had just the man to deliver them from regulatory evil.
A year later the general verdict on the state of US financial regulation is, shall we say, rather different. The nature and scale of the continuing crisis is widely interpreted as suggesting that, far from being overregulated, US companies have been getting away with murder and need to be controlled tightly by government regulators.
Thus, Mr Paulson finds himself rather like an actor who has been preparing all year for the role of Tiny Tim in Charles Dickens's A Christmas Carol, only to be told on arrival he is going to play Scrooge.
Yesterday the Treasury Secretary took the stage and did a rather good job of remembering his new lines, while occasionally lapsing into the mien of his former character. (It was just as well he made his announcement yesterday and not today because people might have thought he was playing an elaborate April Fool's Day joke on them.)
In fact, the Treasury's bold new plan for financial regulation tries in appearances to glide past the overregulation-v-underregulation dialectic that is exciting commentators and policymakers (there is much talk of “transformative measures”), but it is a rather strange hybrid.
It clearly contains elements of the ideas to set markets free that Mr Paulson had in the days before the financial crisis. One of its main proposals is to merge the Securities and Exchange Commission (SEC) with the Commodities and Futures Trading Commission (CFTC). This looks at first like a simple tidying-up exercise.
The distinction between the two sets of markets has become rather blurred. But behind the plan is a quite radical change in approach to regulation. The CFTC follows a looser, principles-based approach to regulation while the SEC is a rather more stringent, rules-based body. It seems from the proposals that the new body would be quite a bit closer to the CFTC model.
Some of the other proposals also look like Wall Street-friendly moves, such as streamlining into one the vast number of regulators, including the Office of Thrift Supervision, for example.
But on the other side is the large, if somewhat ill-defined, new role for the Federal Reserve. The Fed would assume broad responsibility for financial stability, having the authority to “monitor risks across the financial system”. This worries the investment banks, which would, for the first time, fall under the Fed's sway. They fear that the central bank might, from an abundance of caution, tighten capital standards and force retrenchment from risky but rewarding financial activities.
Of course, none of this is likely to matter much. The proposals must be approved by Congress, a long shot in any circumstances, but virtually inconceivable in the dying days of the Bush Administration. There is a new mood in Washington after the financial disasters of the past year. Democrats are in charge and they sense that the public mood has become extremely hostile to unfettered free markets, which are blamed for the nation's present woes. More important, the way the crisis has unfolded changes the entire dynamic of financial regulation in the country.
The Fed's efforts to rescue the financial system - and especially its recent emergency measures to provide funding to investment banks and brokers - mark a Rubicon in US financial history. The central bank cannot very well be expected to provide the funding necessary as a backstop for the entire financial system without demanding a much closer and more critical look at the way in which financial institutions are run. Government agencies are going to be much more involved in determining capital and liquidity adequacy and, increasingly, in dictating the type of business that financial institutions can undertake.
It will probably take years for everyone to realise that this is not a good thing for the efficient functioning of capital markets. However, in any case, by then we shall be well into the next bubble and subsequent crash.
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I echo many of the anti-Fed sentiments above. Our currency is fine for little more than birdcage liner and the responsible party will gain even more control? Rubbish!
Then our Senate and House will pass a "Housing Aid Bill," under the guise of helping homeowners but in reality the banksters will be bailed out by Joe Taxpayer. Let them FAIL!!!!!! They made bad decisions brought about by bad policy. That's the risk of making bad investment decisions.
I'm about to pull an Atlas Shrugged...the rest of you can bail them out. I quit.
KL, Milton, NY / USA
We need to go back to using gold-backed money - so that excess credit cannot be created at the click of a button. If you don't let things get out of hand in the first place you don't have to have the bust afterwards.
No fun I know, but the proven way to run the banking system. We've had many more booms and busts all over the world since the dollar broke from gold in the 1970s.
Of course, this would mean that politicians can't use inflation as a stealth tax to pay for their promises......
Adam, London, UK
Government is going to regulate the big money groups?
Government is owned by the big money groups, so who is going to regulate whom?
Our government by the lobbyists and for the lobbyists' employers will continue to function as it has in the past few decades...further enriching the already wealthy and leaving just enough for the rest to prevent complete revolt.
David, Fort Worth, USA /TX
Isnt it about time we demolished the ridiculous notion of "unfettered free markets?" Unfetterdd they are. But most of them are clearly powerful political blocks whose resemblance to a market goes no farther than the name. The myth has become a nasty joke.
F X HEALY JR, WARRINGTON , PA/ USA
Even we free-market capitalists have to concede that if the Federal Reserve is going to engineer the underpinning of the faltering Bear Stearns (a good idea), they will need to exercise some regulatory control over the investment banks for whose solvency they have just assumed responsibility. Still, this is rather a dreadful idea, as a protectionist, NAFTA-repudiating Democratic Congress is going to legislate all of this. The only way this could be worse is if a free-spending, ignorant Republican Congress was in charge.
Jim Rains, New Milford, Connecticut / USA
Just imagine how bad the American subprime mortgage crisis would be if their government had been forcing lending institutions to make risky loans to risky customers, threatening legal action otherwise. Oh wait, they had, in the guise of the Community Reinvestment act. As much as I enjoy America and the people, I'm constantly amazed by how often they let their two parties fix each other's stupid ideas with new stupid ideas.
Michel Peloubet, Val-d'Or,
Give the Fed the power to police the financial industry? Instead, let's determine who is the biggest Mafia Don in America and make him Attorney General. NOTHING is needed but a "sharp practices" law. The courts simply decide,"This practice comes under this legal definition and is therefore illegal." In this one law, we define profiteering, golden handshakes, hostile takeovers, floating interest rates, etc. ALL as sharp practices. And no bank may institute a new financial practice without first having it approved by a committee of citizens who will decide if it is a sharp practice. Even then, in case the citizens are paid off, the court may overturn their decision. I suggest the the writer of this article see "The Money Masters" internet film on Google and then write us an article on what THEY have to say, about the causes and cures of this recurring epidemic of criminality in the financial sector. They seem much more astute than any of The Times financial experts.
victor compton, Cherbourg, France
Sounds eerily reminiscent of the laissez-faire crowd's "cure" for the U.S. Social Security system: place it in the hands of the same people who gave us subprime mortgages, the Savings & Loan disaster, Enron, no-bid Iraq War contracts to Halliburton, the demise of private pensions plans, and other shining examples of unregulated capitalism.
Aredee, Madison, WI, USA
The Federal Reserve Banks are private as well so is it a case of the poacher turning gamekeeper. It is like gamblers owning their own casino ad using it as well for their fun..
Nick P., Camberley Surrey, UK
AHH SO the banks that got us into this mess will now get total controll of the USA finances to save us from them,Sounds like the fox will get total controll of the hen house.
You know when this mess is over the bad morgages that are out there will fall on the taxpayers to pay Remember who wound up eating the debt of the Savings and Loan fiasco not to mention a massive inflation that has started allready and loss of jobs its called stagnation,
egrheaultjr, Roy, WA
Usury in banking and investment in the form of these fake financial instruments is like smoke and mirrors and conjures up an illusion of positive activity. But nothing is being made. No actual physical commodity of value is traded. The scale of these sub prime loan instruments is an abomination which has outwitted the best of us and has now come back to bite us for our ignorance. Like the laws of perpetual motion, these pieces of paper have fooled everyone except the followers of Islam, who on this occasion have been proved emphatically correct to reject usurary.
David Nammory, Liverpool,