After the first week of the conference committee for Wall Street reform, I would call the verdict middling. Reformers have won some victories – all hedge funds and private equity firms will have to register with the SEC, credit rating agencies will be on the hook for standard liability for negligence, the Fed audit is more robust and ongoing. At the same time, there have been some losses – the Franken amendment changing the way rating agencies work is reduced to a study (though something will have to be done to remedy the conflict of interest and change the issuer-pays model), proxy access on corporate governance was raised to a threshold that gives shareholders almost no power, pre-funding resolution authority looks dead. In a general sense, good things that were in the Senate bill are difficult to get out, but good things from the House bill have been difficult to get in.
Of course, many important issues have either been deferred (like fiduciary duty and resolution authority) or haven’t come up for debate yet. But that doesn’t mean that nobody’s working them. With Wall Street due to lose billions – perhaps 23% of Goldman Sachs’ profit is at risk – they have been marshaling all their power and influence to try and make a favorable outcome. And their supporters and lackeys in Congress are helping. Here are some of the villains:
• Gary Ackerman and the New York Democrats: Ackerman, from Queens, is trying to put together a coalition of House Democrats from his state to kill Blanche Lincoln’s derivatives title, particularly Section 716, which would force the mega-banks to spin off their lucrative swaps trading desks into separately capitalized subsidiaries. Ackerman frets that this would send banking business out of the US, and particularly out of New York, and that wouldn’t sit well with his buds on Wall Street. Ackerman actually said “Those of us in New York represent not only Main Street, but Wall Street as well, and understand very much that Main Street is affected by Wall Street,” defending his coalition, and a letter he wrote to House Democrats opposing Section 716. They also want to weaken the “Volcker rule” which would ban a bank from owning a hedge fund or engage in proprietary trading from their own account.
Ackerman defended his stance to the New York Observer:
Ackerman isn’t backing off.
“If our objective is to protect consumers and increase transparency, it is essential that we keep banks here so that we can regulate them,” the congressman wrote in a statement to The Observer. “Driving banks out of New York does not fix the problem. If they leave, we have no reach, no way to regulate them and no way to protect people on Main Street. This is about ensuring the best protections for consumers while keeping a multi-trillion dollar industry in New York. Not choosing Wall Street over Main Street.”
Of course, keeping a highly risky industry in New York that can blow up at any moment is potentially devastating, not just for New York but the whole country.
• Bill Owens, Mike McMahon and the used car salesmen: McMahon (D-NY), also part of the Ackerman initiative, and Owens have put together a letter signed by 62 House Democrats supporting the auto dealer exemption in the House version of the bill. That would exempt car dealers from oversight from the federal consumer protection agency which will either be independent or housed at the Federal Reserve. The White House strongly opposes the exemption, but it passed the House and a nonbinding “motion to instruct conferees” in the direction of the exemption passed the Senate with 60 votes. Exempting car dealers from oversight, Pat Garofalo notes, gives an unfair advantage to them over credit unions and other sources of auto financing, and exempts one of the biggest financial transactions that most people ever make.
• Melissa Bean and the New Dems: The New Democrats were able to shoot the House derivatives plan full of holes, and now they’re taking aim at the Senate’s. They want to kill the Section 716 plan and add multiple carve-outs for “end users” in the derivatives title. 43 members of the 69-member coalition signed the letter on this. Bean and the New Dems claim that the Volcker rule, which they support, makes Section 716 unnecessary, a fact contradicted by the authors of the strongest Volcker rule, Jeff Merkley and Carl Levin.
• Debbie Wasserman Schultz and the swipe fee defenders: Wasserman Schultz, a member of the House leadership, has rounded up a large coalition to protect big bank “swipe fees,” the fee that banks charge retailers to make a debit card or credit card transactions. These fees are routinely much larger than the cost of actually making the transaction, especially in the case of debit cards, where the banks are really just moving money they already have in their clients’ accounts with no risk. Wasserman Schultz claims in her letter, signed by as many as 131 House members (Democrats and Republicans), that small lenders would be adversely affected by this regulation. But her letter contained several grievous errors, many of them noted by Rep. Peter Welch (D-VT) in a response:
Misstatement of Fact: ―A 2008 study by London economists, however, concluded that this intervention harmed consumers in ways neither intended nor foreseen. In fact, the study showed that, on average, the annual fees paid by consumers for standard credit cards increased by 22 percent, while annual fees for reward cards increased by between 47 and 77 percent. As a result, Australian cardholders paid approximately AU$480 million more in additional fees on credit cards each year.
Truth: The Reserve Bank of Australia is the regulator that has evaluated that nation’s reforms. As opposed to a couple of London economists paid by any private entity to produce a report. The Reserve Bank found: “The most notable impact of the reforms has been a marked reduction in merchants’ costs of accepting credit cards, which in turn, is flowing through into lower prices of goods and services for all consumers.”
Check out the whole letter.
Dick Dubin has worked hard to keep his swipe fee amendment in the bill, and he’s been joined by small retailers like 7-11 merchants, who stand to benefit from not being gouged by the big banks.




21 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
Don’t tie me to the railroad tracks. Oops. Already done.
Did you run into Snidely Whiplash again? :)
I don’t know about anyone else, but since I’m the only one here, may I say I like Lawrence O’Donnell?
If nothing else, the leftnuts will come out and maybe say Something.
But, I can’t pay the rent.
But, you must pay the rent.
We all saw that skit, didn’t we? Hi, Twain.
Remember this skit?
“Kill my landlord!”
Hi, Demi. That’s one of my favs. Always makes me laugh.
Don’t remember that one. Is it also Dudley Doright?
Link me, baby.
You know that means a dance, doncha?
It was a Saturday Nite Live skit with Eddie Murphy reading a poem, “Kill my Landlord.”
Can’t find a linkie.
Totally OT, or may not.
I bought a box of Fortune Cookies at the 99cents store this morning. The first one said, just opened, Children will play an important role in your life. No fuckin’ duh, since I already had ‘em. Second one said – yes I had TWO, said You Have A Unique Personality.
In your brain is good enough for me. Oh, man, the next fortune is Daydreams may be pleasant but accompishments are more satisfying.
I’d ask for my 99 cents back, but the cookies are good.
Images by Tyrone Greene …
Dark and lonely on the summer night.
Kill my landlord, kill my landlord.
Watchdog barking – Do he bite?
Kill my landlord, kill my landlord.
Slip in his window,
Break his neck!
Then his house
I start to wreck!
Got no reason –
What the heck!
Kill my landlord, kill my landlord.
C-I-L-L …
My land – lord …
Def!
http://snltranscripts.jt.org/81/81aprose.phtml
Love it! Thanks.
FinReg is a replay of healthcare reform. There are no heroes. They are all selling out cumulatively. It is only the specific what that varies.
There appear to be various nefarious coalitions. Do we have names?
And WTF does this mean:
There are no regulations outside New York? And the cure is to make sure there are no regulations inside, either? Eh?
I have a business and I take credit cards. The fees are horrendous, and the statements are so complex and convoluted that it would be impossible to find a mistake even if you suspected one. I started giving a price discount last year to customers who paid with cash, but even so 80% of customers use plastic.
It would help businesses immensely, especially small businesses, if those fees were lowered, and I can’t believe that smaller financial institutions and card issuers would be seriously negatively impacted. I’m very disappointed in Debbie Wasserman Schultz for being a leader of a coalition to keep the fees high. She usually exhibits good sense. I’ll have to look up who her major campaign contributors are.
Whenever you see a letter like Wasserman-Schultz’s, you can bet it was drafted by a lobbyist. We should call and ask the name of the staffer and the lobbyist who wrote the letter.
Senator Feingold can make history in financial reform!
By saying he would vote yes on the final bill, where he had voted no before, if strong versions of the Lincoln and Volcker Rules are adopted, Feingold could change the dynamics of the negotiations, change history, and score a real victory for Main Street over Wall Street.
Why is Feingold such a pivotal player? Reformers and Hill staff are currently contending with the fact that Sen. Scott Brown (R-MA) is the man with the most power over the bill right now. He cast the 60th vote for reform, giving him tremendous leverage which he’s been using to push for carve outs in the Volcker rule. (The Volcker rule, named after former Fed Chair Paul Volcker, would put serious restrictions on banks’ ability to speculate with their profits.)
If Feingold were to say he’d vote for the bill under the condition that the Volcker rule survives unmolested, he’d take Brown’s influence away, and flip it. Or at the very least, he’d give Democrats on the conference committee a choice between including a loophole-ridden version of the Volcker rule or a more pure version.
Calling upon all progressives in Wisconsin – call Senator Feingold’s office today and ask him to vote yes on the final fin. reg. bill but only if strong versions of the Lincoln and Volcker Rules are adopted.
The reason it’s hard to find a video of this is that Lorne Michaels has basically blackballed all the SNL seasons when he wasn’t the executive producer. That includes the Eddie Murphy years, and the one season with Billy Crystal and Martin Short and Christopher Guest. You basically can’t find those because Michaels won’t allow them to be rerun.
In reality the best thing the New York delegation could do is take a vacation and let the rest of the country decide what to do with NY and it’s financial industry firms. But, I know that won’t happen.
On swipe fees: if there’s no competition then the monopoly state of affairs must be regulated to protect the public. To that end a cost+percent should be negotiated instead of letting the rape continue.
America’s families need every break they can get these days!