The Easy Recipe for Financial Reform

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Win McNamee / Getty Images After all the health care hostility, will there be an outbreak of bipartisanship on an even more important bill? Robert C. Pozen, author of Too Big To Save? How to Fix the U.S. Financial System, proposes solutions for the financial reform bill.

Chris Dodd, chairman of the Senate Banking Committee, is retiring in the fall, and he would like the Senate to pass a bipartisan financial reform bill as part of his legacy. Although the House has already passed its version of financial reform, the Senate still must resolve at least four controversial issues before it can pass financial reform. Here are my suggestions for dealing with these sticking points. (A fuller version of my arguments can be found in my new book, Too Big To Save? How to Fix the U.S. Financial System.)

1. How to Prevent Systemic Risks

The administration has proposed to give the federal regulators the power to reduce the size of existing megabanks—the 19 institutions with more than $100 billion in assets—to prevent them from engaging in systemically risky activities. Most notably, the administration recently backed the so-called Volcker rule, which would prohibit banks from engaging in "proprietary trading." This means buying or selling securities for the bank's own account, as opposed to executing securities trades for the bank's customers.

The odds are 60 to 40 that financial reform legislation will pass before the November elections this year.

However, banks often buy securities for their own account in order to reduce their risk exposures—for example, options or futures to hedge against possible losses in securities held in their portfolios. Banks also build up an inventory of bonds as part of their role as market makers—providing liquidity for their customers or other investors who wants to buy or sell these bonds. Moreover, proprietary trading by banks was not a primary cause of the losses that led to the bailouts by the federal authorities. Therefore, many foreign nations will not adopt the Volker rule so it will be easy for U.S. banks to avoid in their overseas operations.

A more sensible approach would be for Congress to focus on bank capital—the cushion that allows banks to absorb losses without becoming insolvent. The relatively low requirement of capital to assets was a major cause of the failures of many Wall Street firms during the financial crisis. Thus, Congress could mandate a higher capital requirement for very large banks, and could authorize the bank regulators to impose restrictions on excessively risky activities at specific banks.

2. When to Bailout Banks

Even with higher capital requirements, a few megabanks will inevitably get to the brink of insolvency. And if these megabanks are deemed "too big to fail", they are likely to be bailed out by the federal government. Since October of 2008, the Treasury has contributed federal capital to over 600 financial institutions in the U.S. This incredibly high—even reckless—number shows that we do not have a sensible definition of "too big to fail".

In my view, Congress should establish stringent tests for bailing out any financial institution. These tests should focus on the critical role of a few megabanks in processing financial transaction such as checks and wires: If the payment system were shut down, the U.S. economy would come to a halt. By contrast, banks are generally not crucial to lending in the American economy. Banks account for less than 25 percent of all credit extended in the U.S.; the bulk of credit is extended by non-bank lenders such as mortgage brokers and auto financing companies.

If the federal government decides to bail out a financial institution, the Treasury secretary and the Fed Chairman should publicly articulate their rationale for the decision so we can determine later whether this rationale was supported by the facts. In addition, the federal regulators should be directed to recoup any financial assistance to a troubled financial institution by assessing a fee on all megabanks. While some senators favor the assessment of such a fee starting next year, I believe that pre-funding would be unnecessarily burdensome and hard to calculate in advance.

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"The sack of these United States by the Fed is the greatest crime in history. Through the Fed the people are losing the rights guaranteed to them by the Constitution. Their property has been taken from them without due process of law. What is needed here is a return to the Constitution of these United States. The old struggle that was fought out here in President Jackson's time must be fought all over again. The independent United States Treasury should be reestablished and the Government should keep its own money under lock and key in the building the people provided for that purpose. Fiat currency, the devise of the swindler, should be done away with. The Fed should be abolished and the State boundaries should be respected. Bank reserves should be kept within the boundaries of the States whose people own them, and this reserve money of the people should be protected so that the International Bankers and acceptance bankers and discount dealers cannot draw it away from them. The Fed should be repealed, and the Fed Banks, having violated their charters, should be liquidated immediately. Faithless Government officials who have violated their oaths of office should be impeached and brought to trial. Unless this is done by us, I predict, that the American people, outraged, pillaged, insulted and betrayed as they are in their own land, will rise in their wrath, and will sweep the money changers out of the temple." Congressman, Louis T. McFadden May 23, 1933 He died mysteriously on October 3, 1936 http://federal-reserve.net This was 77 years ago! And this travesty is still going on! That's why our country is broke!

Flag It | Permalink | Reply 3:17 pm, Mar 2, 2010 SharnCedar

All this talk will be irrelevant once we have gone through another 10 years or more of stag-pression. The jobs ain't coming back, and the bankers ain't giving up a dime of their stolen money. So it will be death for them, not reform. We are coming for those bastards in 5 or 6 years, and that's how it is going to play out. Personally I'm just biding my time until the mob moves on New York, then I'll get my pitchfork and I'm ready to go. Still got a few years to let the hate build, I reckon. And its building. There cannot be forgiveness - that opportunity is past.

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