Wednesday, May 26, 2010

The Last Hold Out: Senator Blanche Lincoln Against 13 Bankers « The Baseline Scenario

The Last Hold Out: Senator Blanche Lincoln Against 13 Bankers

with 18 comments

By Simon Johnson

By now you have probably realized – correctly – that “financial reform” has turned into a victory lap for Wall Street.

When they saved the big banks, with massive unconditional support (both explicit and implicit) over a year ago, top administration officials promised they would be back later to fix the underlying problems.  This they – and Congress – manifestly have failed to do.

Our banking structure remains unchanged, the rules will be tweaked at the margins, and the incentive and belief system that lies behind reckless risk-taking has only become more dangerous.  (The back story, if you can still stomach it, is in 13 Bankers).

There is only one small chance for any sensible progress remaining – and you are about to see this crushed in conference by the supporters of unfettered big banks.

Senator Blanche Lincoln’s proposal with regard to derivatives has much to commend it.  A fiduciary duty for swaps dealers vis-à-vis customers would be entirely appropriate – in fact long overdue.

Real time price reporting should also help regulators at least begin to understand what is driving market dynamics, for example around the May 6 “flash crash” – a point that Senator Ted Kaufman has also been making most forcefully.

Legal authority against market manipulation would be greatly strengthened and there would be more protection for whistleblowers.   And the kind of transaction that Goldman entered into with Greece – a swap transaction with the goal of reducing measured debt levels, effectively deceiving current and future investors, would become more clearly illegal.  All of this is entirely reasonable and responsible – and completely opposed by the most powerful people on Wall Street.

Of course, most of the anti-Lincoln fire has been directed against the idea that “swaps desks” would be “pushed out” to subsidiaries – i.e., the big broker-dealers could still engage in these transactions, but they would need to hold a great deal more capital against their exposures, thus making the activities significantly less profitable. 

It is striking that while Treasury argues that increasing capital is the way to go with regard to financial reform, they are adamantly opposed to what would amount to more reasonable capital levels at the heart of the derivatives business.

This is beyond disappointing.

No doubt the administration feels good about what it has “achieved” on financial reform.  The public aura of mutual congratulation will last for about three weeks.

But outside of the inner White House-Capitol Hill bubble, it is very hard to find anyone well-informed about the financial system who thinks that anything substantial has changed or that risks will be better managed as we head into the next cycle.

“Business as usual” is the abiding legacy of the Obama administration with regard to the systemic risks posed by this financial system.  Treasury and White House let us down repeatedly and completely in the last 18 months on financial sector issues – just as they did (as decision-making bodies and as some of the same individuals) at the end of the 1990s.

At one point in early 1998, Larry Summers called Brooksley Born – the last person who really tried to rein in the dangers posed by derivatives (and it was a much lower level of danger then compared with now).  Summers reportedly said, “I have thirteen bankers in my office, and they say if you go forward with this you will cause the worst financial crisis since World War II.”

We now seem to have come full circle to exactly the same people saying exactly the same things – no doubt top people in the administration are now calling Senator Lincoln and impressing upon her a version of the same point made by Summers to Born.

The 13 bankers have won, completely.  Here we go again.

Written by Simon Johnson

May 26, 2010 at 7:26 am

Posted in Commentary

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18 Responses

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  1. Nothing more to say.

    joel

    May 26, 2010 at 7:44 am

  • This answers the question about how empires crumble… the powerful elite convince “the public” that their lecherous ways are good for everyone. It will work for awhile, until the the music stops, and the ’13 bankers’ all scramble to sit in a chair, only to find they are all gone. unfortunately, their demise is ours as well….

    Teotac

    May 26, 2010 at 8:05 am

  • “…and if there’s one place where you can redefine yourself, one place where your relevance is a deal away, it’s Wall Street” – the new normal

    http://www.themovieinsider.com/m4092/money-never-sleeps/

    Beth

    May 26, 2010 at 9:18 am

  • If there are other candidates who are stronger on bank and finance reform (Kaufman, Bernie Sanders, Jeff Merkley, Carl Levin, Maria Cantwell) I won’t be voting for President Obama in 2012. If he is going to handle the most crucial issue for our country in a superficial way I have no time for the man anymore.
    http://rortybomb.wordpress.com/2010/05/20/treasury-and-the-banks-attack-on-collins-leverage-amendment/

    I’m finished with this administration. Excuse time is over.

    Ted K

    May 26, 2010 at 8:01 am

  • I agree 100% with Ted K.

    Game over Obanksta!

    williambanzai7

    May 26, 2010 at 8:06 am

  • Look at this imbecile and what he’s saying now. Have you ever seen anything so pathetic??? Oh yeah Timmy, they’ll be changing that exchange rate tomorrow. MORON!!!
    http://www.bloomberg.com/apps/news?pid=newsarchive&sid=asasJMfFzDl0

    Ted K

    May 26, 2010 at 8:07 am

  • I also want to thank you for your book and this blog. Keep up the good work!

    williambanzai7

    May 26, 2010 at 8:07 am

  • Lincoln is running ads bashing the bankers. Conveniently, her runoff happens the DAY BEFORE FinReg is supposed to be reported out of conference. If she wins, she can simply backpedal. If she loses, oh well.

    c smith

    May 26, 2010 at 8:15 am

  • Yes. Thanks for your hard work Simon.

    It has been strange and awful, paying such close attention to all this over the past two or three years.

    brendan

    May 26, 2010 at 8:18 am

    Reply
    • Ditto. Thank you for being the chronicler for this disaster of mankind. Yes, the people will be in the streets and not just in NY.

      Windmill

      May 26, 2010 at 10:53 am

  • It would be wonderful to see Brooskley Born come out in support of Senator Lincoln and expose the players and events one more time. Greenspan has been shown to be a misguided player. Couldn’t she expose Summers as well?

    If the derivative reform does not go through, Obama’s fate is sealed. We can begin calling him Mr. “O” Jangles. He is only dancing to the tune of Wall Street. He will not survive. Sites like this will continue to expose the folly that has been perpetuated.

    No more lobbyists. – What an absolute joke.

    finally

    May 26, 2010 at 8:26 am

  • I guess this isn’t the stuff of a million-person gathering in Washington, but that is what is sorely needed right now.

    Kat

    May 26, 2010 at 9:49 am

  • And what exactly led any of us to expect any different outcome?

    Rockfish

    May 26, 2010 at 9:49 am

  • The Center for Advancement of the Steady State Economy is working to have a sustainable alternative ready when global economy crashes. I read about it a few days ago in a comment on this blog, and you can, too, at steadystate.org.

    Carla

    May 26, 2010 at 10:02 am

  • “O” Jangles is a bit racist. How about OBush, or Bush III?

    I’d like to unseat Obama, too, but who would we vote for? I don’t fancy Rand Paul.

    Carterj98

    May 26, 2010 at 10:06 am

  • Dear Prof. Johnson,

    In your book « 13 Bankers » (I posted a book review of mine in my blog) you notice that in the long term the most effective constraint on the financial sector is public opinion. How should be the public opinion encouraged and supported? What is to be done ? Which means and resources do we need ? Can you supply some arguments please ?

    @ James Kwak : James, did you get my interview request per email ? Thanks.

    Cezmi Dispinar

    May 26, 2010 at 10:51 am

  • “The 13 bankers have won, completely.”

    Does that mean you’ll finally pack up your ill-informed nonsense and go home? 

    Jeff

    May 26, 2010 at 10:53 am

  • Our government be it an economic, financial, or industrial disaster has responded along the following lines

    “We will take the necessary steps to ensure that this never happens again”

    In reality nothing happens, and every time another disaster happens we find the regulators are filled with people from the industry they are meant to regulate, and both parties have taken gobs of cash from corporations

    The crash of ’29 nobody prosecuted and jailed although congress did pass strong legislation

    Savings and loans – Neil Bush fined $50,000, cost to taxpayer $1.3 billion

    Iran contra – most of the players pardoned by BUSH senior

    NIXON – Pardoned by FORD

    Buffalo Creek Flood – 125 people killed, 1000 injured, 4000+ homeless – Toothless investigation. The governor of Virginia settled for 1 MILLION DOLLARS

    Martin County Sludge Disaster – MASSEY fined $5,000 and later that year gave $100,000 to the NATIONAL REPUBLICAN Committee

    Sago Mine Disaster – 13 Killed. Bush filled Regulation Agency with people from ENERGY INDUSTRY

    Upper Big Branch Mine – 29 dead – So far no criminal prosecution

    07/08 Financial Meltdown – Nobody prosecuted. Financial Reform toothless and does not protect the people

    Anonymous

    May 26, 2010 at 10:53 am


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