This will be a jam-packed week for the Wall Street reform conference committee, with a final draft expected to go to both chambers of Congress by Friday. And many of the more important details remain up in the air. In particular, the consequential, hard-wired reforms designed to reduce risk and even the size of risky markets still have to clear the final hurdles. The combination of a strong Volcker rule, banning banks from owning a hedge fund or engaging in proprietary trading, and Section 716 of the Senate derivatives title, forcing the mega-banks to spin off their lucrative swaps trading desks into separately capitalized subsidiaries, could join to manufacture a 21st-century Glass-Steagall Act. And this frightens the financial industry, who want the easy profits provided by the largely unregulated wild west show that currently predominates.
With some weakening to 716 achieved, the industry has set their sights on the Volcker rule, which would prove more inhibiting to their profit margins. Their last-minute effort to gut the Volcker rule would provide loopholes that could keep the casino running:
To secure the support needed for their bill, Senate negotiators are leaning toward creating a series of exemptions to the Volcker Rule that would allow banks to continue to operate these businesses as investment funds that hold only client money, according to several Congressional aides, industry officials and lawyers.
The three main changes under consideration would be a carve-out to exclude asset management and insurance companies outright, an exemption that would allow banks to continue to invest in hedge funds and private equity firms, and a long delay that would give banks up to seven years to enact the changes.
In particular, the provisions, sought by Senator Scott Brown, Republican of Massachusetts, and several other lawmakers, would benefit Boston-based money management giants like Fidelity Investments and State Street Corporation.
This actually isn’t entirely new. Certain promises around asset management companies in Massachusetts were promised to Brown in exchange for his cloture vote on the Senate bill. But there’s absolutely no need to do anything for the sole benefit of Scott Brown at this point. Lawmakers in the Senate have probably already picked up one vote in the form of Maria Cantwell, if they close the enforcement loophole to the derivatives title (which they expect to do). Russ Feingold then becomes a consequential figure, and his support for the bill would more than cancel out Brown flipping to No.
On the policy, this would be a disaster. The biggest banks already own asset management companies and private equity firms, and some own insurance companies too (or would certainly be incentivized to buy one so they could keep trading). This rips out the heart of what the Volcker rule seeks to accomplish.
Even getting a long delay would probably be fine with Wall Street as a fallback. Many firms are ramping up their purchases of asset management companies and hedge funds. At least they would have half a decade to play around with depositor money and roll in the profits. The fact that they risk another collapse of the financial sector and the broader economy in the process clearly means nothing.
Banks surely have a Plan B or C if these changes are rejected – Goldman Sachs is talking about basically dropping its status as a bank, others are figuring out ways to restructure their businesses and spin off companies that can make riskier trades, and still others are trying to re-define what constitutes a “proprietary trade”. But Plan A would truly mean no changes whatsoever for the largest and most systemically significant firms. The goal here is not punitive, not to deny the mega-banks profits out of spite. It’s to make the sector safer, sounder, and frankly more boring.
Both Carl Levin and Jeff Merkley, the chief lawmakers behind the Volcker rule changes, sounded confident that they would be satisfied with the finished product. But they’ll have to do battle with literally thousands of lobbyists and the general sentiment in Washington that what’s good for Goldman Sachs is good for America. Despite everything we’ve been through the past couple years, in the halls of power, with friends and colleagues littered throughout the political and financial sectors, that sentiment still holds.



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The first time I read this, I read it as “Chamber of Commerce.”
For background on what happened to this bill, I’d recommend this article by Matt Taibbi from the June 10 issue of Rolling Stone:
When you understand what happened next, you’ll understand whose side the Democrats are on.
Oh, now is this the Brown-noser’s Massachusetts Money Manager kickback?
Or just what’s good for America?
So now we get down to lobbyist versus lobbyist except that they are all on the same side.
Since Goldman Sachs only became a bank holding company in order to get on the government dole, when various bets via companies like AIG had gone south, it certainly seems likely that they get enough government handouts in enough areas to forgo the FDIC and TARP bennies that they enjoyed when they were about to take the plunge. Back to being an investment bank again probably now the Fed has purchased most of their biggest mistakes. Others will probably form partnerships or loosely connected spinoffs if the Volcker rule survives. Like the Health Insurance Reform debacle, whatever survives will be better for corporations than taxpayers.
The problem being that enforcement of current laws around fraud and malfeasance appear no different than spite to the perpetrators and their supporters. No sense bringing justice to the folks that gamed the system.
They won the scam and should be allowed to enjoy their taxpayer derived billions. Or maybe not.
This Congress will be known to history as the “Worse Than Nothing” Congress.
LOL! Well, that would certainly be pretty accurate.
There is a discussion going around Washington D.C. about the best way to effect change (everyone agrees that some degree of change must take place). Some people in positions of authority – executive and legislative branches – argue that the best way to change the way big business operates is taking them on directly, demonizing them, and either reforming them through much tighter regulation or putting them out of business entirely. Others argue that the best way is to work with them right from the start to negotiate a deal that includes what they can live with by way of reforming their most egregious overreaches.
Up to now, the Obama administration has tried to effect change by the second method. In the effort to reform health care, he met with insurance and pharmaceutical companies early on to determine what changes could be made within the industries’ comfort level so that upcoming legislation would not be fought with millions of dollars worth of PR and advertising campaigns aimed at the general public, which is what brought down the Clinton bill. What we ended up with is a health care bill that keeps the private insurance industry in business and funnels tens of millions of new clients to the insurance companies, and allows the big pharma to keep their stranglehold on the domestic drug market. Both of these agreements resulted in the taxpayers’ picking up the tab for people who couldn’t pay the outrageous prices still allowed to be charged for both insurance and prescription drugs.
Considering it would be almost impossible for Wall Street to derail tough, honest reform by appealing to the public in its current mood of hating the banking industry, regardless of the amount of PR and advertising it purchased, it would seem that this would be a perfect opportunity to try the second strategy – make the bill as harsh and punitive as possible on the banks, including breaking up their operations, forcing them to pay into a resolution fund, instituting a transaction tax and subjecting their profits and salaries to a higher marginal tax rate. If this means NYC loses some Wall Street jobs and the Wizards choose to move to a country with less onerous regulations, let them go. And let the rest of the world understand that the financial instruments they devise and the risk and promises of returns they offer are likely to be on the level of junk bonds – that is, worthless – regardless of how Moody’s, S&P, etc. rate them.
Given changes in compensation rules, first in the UK and last week being proposed in parts of the EU like Germany, the only places left are the US, Brazil, Russia, sorta-kinda China and the various unregulated tax havens. Personally, I’m good with them moving to either China or Russia so long as they leave their ill-gotten gains behind.
SueDe…I have to agree with you. If they don’t like it, don’t let the door hit them in the ass on the way out and congress can go with them if they cannot obey their bosses, the voters.