Zach Carter reports on a blow to efforts to regulate the runaway derivatives market. Just as most derivatives are set to be put onto clearinghouses, Treasury Secretary Timothy Geithner exempted a large group of derivatives, foreign currency swaps, from the regulations.
The Treasury Department plans to exempt foreign exchange derivatives from new Wall Street reform regulations, a Treasury official said Friday, dismissing concerns about a market that prompted $5.4 trillion of emergency support from the Federal Reserve in late 2008.
Assistant Secretary for Financial Markets Mary Miller told reporters on Friday that the foreign exchange market already functions effectively and would not benefit from new rules. Subjecting the market to new rules, she claimed, would introduce a new and unnecessary “process” into “a very well-functioning market.”
But a 2009 study by Naohiko Baba and Frank Packer of the Bank for International Settlements concluded that there were major “dislocations” in the foreign exchange market in the aftermath of the Lehman Brothers bankruptcy — problems that were only resolved after the Fed pumped money into foreign central banks in order to ensure that global banks had access to dollars.
“After the bankruptcy of Lehman Brothers, the turmoil in many markets became much more pronounced,” wrote Baba and Packer. “In FX and money markets, what had principally been a dollar liquidity problem for European financial institutions deepened into a phenomenon of global dollar shortage.”
Even beyond the foreign exchange market’s problems post-Lehman, which are well-documented, simple common sense would dictate that you don’t keep a $30 trillion segment of the market unregulated. When I wrote about this possibility in March, I said just that: “It’s obvious that whatever financial innovation exists in the shadows will be the one used most frequently to maximize risk. So it’s not the type of instrument but how well-regulated it is relative to others that matters.”
The other fear is that derivatives traders could attain an exemption simply by attaching a ForEx trade to their standard derivative deal. So this decision could be a cro-bar to pry the entire derivatives market away from regulation. Before long the entire market could wind up back in the shadows. And your humble blogger isn’t the only one saying this: it’s the argument of CFTC Chairman Gary Gensler, the guy who would be responsible for regulating the derivatives market.
The decision will be subject to public comment, with a final rule written afterwards. So here are some public comments. From Senator Maria Cantwell (D-WA):
I can’t believe the first decision the administration would make to carry out Dodd-Frank would be an anti-transparency decision. The idea that the foreign-exchange markets are not at risk is preposterous — we now know that they required multitrillion-dollar bailouts. Anytime you have a lack of transparency, there is potential for abuse.
From Americans for Financial Reform, the lead coalition in the Dodd-Frank debate, made up of over 250 organizations:
We are deeply disappointed by Secretary Geithner’s decision to exempt the foreign exchange (FX) market from regulation and oversight. It is the wrong policy decision. We hope and expect that Sec. Geithner, and the Administration as a whole, will reconsider this decision and take other steps to vigorously enforce the new law.
This blanket FX exemption opens up an unacceptable loophole in Dodd-Frank derivatives reforms. FX derivatives can approximately simulate many of the interest rate swaps that make up almost 80 percent of the world OTC swaps market, so the FX exemption could open up avenues to evade other derivatives rules. We believe that requiring these transactions to be cleared and traded on exchanges is a crucial part of increasing market transparency and avoiding future threats to the financial stability of the United States.
From the watchdog group Better Markets:
The Treasury decision ignored the fact that the Federal Reserve pumped $5.4 trillion dollars into swap lines with foreign central banks to prevent the collapse of the foreign exchange swap markets after the Lehman Brothers bankruptcy. This was done because the foreign exchange market stopped working as a mechanism to get U.S. dollars overseas. The Fed’s swap lines were a mechanism to replace that broken market.
“It is very disappointing that the secretary disregarded the independent evidence and rubber-stamped an unsupported request by the financial industry,” said Dennis Kelleher, president and chief executive officer of Better Markets. “This decision will needlessly put taxpayers at risk.”
And my favorite comment, via the Zach Carter article, from former top CFTC official Michael Greenberger:
If the too-big-to-fail banks gave out academy awards, Geithner would be best supporting regulator year in and year out.




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Win The Futures.
Timmeh belongs in jail.
Grrr. I wonder, just what does his “award” look like?
This is how Obama hopes to keep the Wall Streeters from taking their donation cash and going totally over to the GOP: By aping the GOP.
A statue of a man with his head stuck up his ass.
Logged in just to say, loved that comment description here…love that it was first one made in the thread too.
Win the Futures!
A puppet with Goldman’s hand stuck up his ass.
I wonder what his justification was for this:
** my pals asked me to do it
** my friends made/make too much money on it
** you should see the promises of campaign cash I got in exchange for this
According to Wikipedia: Geithner is a disciple of Kissinger. Coincidentally, Obama’s mother and Geithner’s father worked for the Ford Foundation. Geithner was high on the list for Tresury Secretary had McCain won.
Though, we know that the other wrecking ball Phil Gramm was the Republican favorite.
Bill Maher – waxing eloquent on the Patriot Act provisions that removed our citizeship rights – closed his speech last nite with this:
Imagine President Donald Trump (with the right to kidnap, torture and dissapear your ass).
Which begs the question:
WTF difference does it make which President has such a right?
No President should. It’s unamerican.
Fuck It. I’m agog over the murderous bride and groom in the Royal Wedding.
Timmy should be summarily FIRED on Monday – in public. This is a windfall for his pals at Goldman – not more – nothing less… Over the line to put billions more in the pockets of his cronies is the last straw.. He has GOT to go.
He’s probably too big to get fired…besides..isn’t Barry his boss? Oh wait…aren’t we Barry’s boss? Oh wait…
Gee, you’d think his support would come from Dems…NOT.
Geithner is doing his masters’ work. His trousers’ knees must be made of kevlar. He does this country no good. As Leo Amery, quoting Oliver Cromwell, said of Neville Chamberlain’s appeasing government after Munich and the fall of France,
Geithner’s support is entirely bipartisan, that is, in the sense of right or left (largely non-existent here). He is the hands on favorite of the insider.
I don’t know whether I want him in jail, or standing on the Treasury steps looking at a sea of pitchforks and torches.
Hey, wait a minute here! Tim told a Congressional Inquiry Committee that when he was NY Fed Chair he wasn’t a regulator! Whaddya want from the man?
They should have answered, uh, we know, dipshit.
I’ll be glad when we get a Democrat in the White House so we can appoint a Treasury Secretary (who after all serves at the pleasure of the president) that is responsive to the needs of the many rather than dedicated to working overtime for the wealthy few. Oh…wait.
From the inside…..
http://www.zerohedge.com/article/geithner-nixed-dodd-frank
That’s only the half of it. The real stunner is going to be the unemployment numbers up coming.
http://www.zerohedge.com/article/st-louis-fed-stunner-admits-qe-may-lead-rise-rather-drop-unemployment
The one of many big mistakes this administration committed is the fact they didn’t treat our present circumstance as a depression. The smoke and mirrors of ‘saving’ the ‘financial’ sector while the middle class is suffering from financial hemophilia is telling.
All we are left with is restating the obvious and witness the inexorable erosion of our way of life.
Forex is one of the mechanisms by which the shadow banks create leverage. Leverage is how crashes occur.
The basic game they play is simple. Borrow a currency with a low interest rate, like yen, and invest it in a currency with a high interest rate, like the Brazilian real. It’s a can’t lose proposition… unless, of course, the real falls or the yen rises. In which case, you have a…liquidity… problem. And if you can borrow on margin, so much the better… unless you have a …liquidity…problem.
We are headed for a second crash. This time, there will be no buffers to soften the blow.
The stunning economic reality of stagnant wages, deteriorating wealth, worsening safety nets for 95% of the masses over the past several decades has run head long into the “green shoots” bullshit being peddled by this administration and ruling class elites.
Sorry but no amount of propaganda and statistical manipulation can undo that reality any longer. They’re just not realizing that outside of their beltway elite bubble they inhabit, their propaganda is no longer effective….the masses are no longer buying their bullshit.
Took most of them long enough but that pessimistic and deteriorating economic reality that the masses are living and breathing everyday is finally trumping ruling class elite bullshit here.
Forex sounds like a condom, which I hope has a lot of lube on it bc it’s clearly apparent that US citizens must, yet again, bend far over and take it where the sun don’t shine, thanks mainly to Obama and his “guy” Timmeh.
Nothing surprising here, kiddies, move along now… just the “the man” ripping you & me off, as usual….
grrrrrrrrrrrrr
The grammar and spelling Nazi again:
Thank God for Timmeh and the guy who appointed him. Now we can all rest easy, some of us in early graves.
Geithner is there to cover Obama’s ass and make sure the financial sector keeps the money flowing to Obama. Everything about Geithner’s presence reeks of corporate shill and duplicitous weasel. I get the same feeling from Bernanke.
And so, the massive criminality at the heart of the government continues unabated while President Who me? continues his Calvin Coolidge course.
Jodo is closest to the true mark, I think, as it is always about the money.
The problem is that no how cravenly Obama slobbers over the banksters’ boots, they’re still bankrolling the GOP. All you have to do is look at the WSJ editorial page.
Geithner needed to go a long time ago, but it’s not going to happen. The question is open about how he can unilaterally make this exemption if the bill did not carve it out.
Oh we have buffers. Most notably Social Security which the Obama admin has so far failed to gut.
Social Security most certainly will ‘soften the blow’. But I’d agree that the blows are now landing hard enough that despite the padding they still hurt. Perhaps it’s the difference between being in the emergency room and being road kill.
Henry Kissinger
Pete Peterson
Robert Rubin
Source Watch’s resume/wrap-sheet on Tim Geithner seems a bit more complete than wikipedia. IMO, he should be on the FBI’s most wanted list for financial terrorism.
I rather fancy Little Timmeh stripped of his position ans all financial assets and then working as a greeter at Wal-Mart next to Charles Krauthammer. They both need to be in closer touch with more of America.
Good One!
I’d like to see them flipping burgers at the newest burger manufacturing facility. They think reclassifying burger joints as manufacturing entities is such a goshgreat thing they should be a part of this new wave of economics.
From NYTimes Editorial
Mr. Geithner’s Loophole
‘The Treasury Department insists its exemption is narrow and regulators will have the power to detect unlawful manipulation. In their spare time, perhaps? The financial crisis made clear what happens when everyone doesn’t have to play by the same rules. And it made clear that the taxpayers are the ones who pay the price.
. . .
“The Treasury’s plan will be open for comment for 30 days. Count us opposed.”
LINK.
To view the Notice of Proposed Determination of Foreign Exchange Swaps and Forwards, visit link.
It doesn’t look like it’s been posted yet in the Register as a search on Regulations.gov doesn’t turn it up.
No doubt, Timmie is putting the final touches on those draft regs even as we type. Hope you’ll keep on eye out for their appearance, ubetchaiam. Thnx!
For a minimum 30 year sentence in a Super Max, not a country club.
It is going to take a second revolution to clear up the deep corruption at the top of the US Government. Corruption there is now too deeply embedded to be cleared up thru the ballot box.