Post by Peter OlcottI am not talking about communism with a single supplier. I am talking
about prohibiting only the otherwise dysfunctional effects of pure
capitalism. For example the illegality of cheating people. If there was
zero constraints on pure capitalism then any form of cheating would be
legal. Selling someone a house and then after you receive their money
forcing them to leave under gun-point so that you could sell the house
over and over again would be legal with zero constraints on pure
capitalism.
Steve Forbes, July 8, 2010: "...The Rules of the Road means that
when changes come, when innovations are introduced, you must put
in new rules to take cognizance of it, to recognize it. I mentioned
earlier today about the automobile, when that was invented, you had to
have speed limits, you had to have rules on the state of your auto,
you had to have a Highway Patrol, new kinds of insurance, all of these
things, to bring the rules of the road up-to-date with change. When
these exotic instruments came along thanks to technology on Wall
Street, the regulators did not update the rules of the road. You take
Credit Default Swaps, for example, I know this is controversial, but
all those are are souped-up versions of things that we've had forever,
such as soybean futures, interest rate futures, & on those you have
again sensible rules of the road, you have sensible margin
requirements, you have clearinghouses so you know what the actual
volume is.
So to be blunt about it, there was a lot of abuse, I think, in credit
default swaps, when this crisis came, in terms of giving an impression
that certain entities were, their bonds, their debt, was in more
trouble than it actually was. You see it again playing out again in
sovereign debt in Europe, so again, transparency is the key. So in
terms of updating the rules of the road, where does this Reform Bill
go?...& then we'll get to Q&A. In terms of the Federal Reserve, it's
silent. Nothing on monetary policy. Fannie & Freddie, absolutely
nothing. Congress promises it'll deal with it in the future. Right.
But in terms of the two big causes the Bill is silent. Then on other
things the bill actually makes things worse, too big to fail.
Although it ostensibly is supposed to fight that, it in effect picks
out a handful of major institutions that are gonna get special treat-
ment. This is gonna be a massive increase for govt, because govt is
gonna determine whether you are a systemic risk & therefore whether
they can intervene, shut you down, provide you with more capital, or
force more capital to go into you...these are not set Rules of the
Road, they're in the hands of bureaucrats. At the same time it does
nothing to address the problems of small businesses getting credit,
in terms of the banking system, because the regulators still have the
mindset of mark-to-market accounting, which is the equivalent of
selling your house, what price would you get for your house if you
sell it in the next 6 hours, you wouldn't get much of a price in a
depressed market. So, in terms of value in regulatory capital, the
bill is largely silent & allows de facto mark-to-market
accounting...remember, half a trillion dollars of the losses that
occurred in 2008-09 in financial institutions, $500 billion, was not
actual cash losses on bad paper, sub-prime mortgages, or exotic
instruments, it was writedowns on perfectly good assets...they were
book losses, artificial losses.
In March of 2009 that was somewhat corrected, on mark-to-market
accounting, & when it was that's when the financial markets came back
to life. When Congress announced in early March that it was gonna
hold hearings on mark-to-market accounting, which got no publicity
because it's a boring subject, but nonetheless, the markets paid
attention to it, & when that announcement was made is when the stock
market came off of its lows, you remember the S&P 500 was down to 666.
So there was a lot of bad things happening on Wall Street, but, bottom
line, sensible rules of the road, on capital, no more 40-to-1
debt-to-equity ratios, should be 12-1, 11-1, 15-1, at maximum, it
should involve both on-sheet & off-balance-sheet financing,
instruments... Walter Wriston, who was the head of Citigroup for
years, retired in the mid-80s, virtually invented modern banking after
WWII, once upon a time, in the early 80s, his people came to him &
said: If we set up these exotic instruments off-balance-sheet, that'll
allow us to increase our profits, without having a charge against our
capital, because it's off the balance sheet. Wriston responded, he
said, "I don't care what the lawyers say, if our name is any way
associated with this, if there's trouble, it's gonna be as if we own
the thing outright. So get over the illusion you can have on-sheet &
off-balance-sheet assets & instruments. In terms of the market,
they're gonna regard it as one & the same," & he was right.
So, not to excuse Wall Street, but if you have sensible rules of the
road, which this Bill does not address, if you had a stable dollar, &
if Fannie & Freddie were actually truly privatized, recapitalized,
broken up & privatized, you wouldn't have a repetition of what
happened. Unfortunately this bill does not address Fannie & Freddie
or monetary policy, it sort of addresses, maybe, capital requirements,
but it leaves a lot of discretion in the hands of bureaucracies, in
terms of, for example, if we get the Volcker Rule, in terms of trading
for your own account, well who determines whether it's your own
account or for a customer? Now that's just gonna, I mean numerous
rules & interpretations, it's a disaster.
The SEC has new powers; it didn't use its old powers very well,
particularly allowing abuse of short-selling, particularly naked
short-selling, so as punishment it's given MORE powers! So the
Federal Reserve, it didn't do a very good job of regulating the banks
under its purview, so it's punished by being given more powers.
FDIC, when it went with mark-to-market, it's being punished by being
given more powers. So, this bill doesn't address the problem. As
for Wall Street itself, life is going on, some are still doing very
well on bonuses, but bottom line on bonuses, get a stable dollar,
& you'll not have out-sized profits again. Competition will come in.
If some form of this bill will pass, it'll hurt the flow of capital
to new businesses, it doesn't address Sarbanes-Oxley & the problem
of small businesses being able to do IPOs, so it's gonna be a huge
bill, it'll be an impetus, especially if we get reform after 2012,
that is, lower taxes & a stable dollar, to new institutions rising
up, new firms rising up, to be able to move more nimbly than big
institutions will be able to do, but it's just a huge, unnecessary
burden on the economy, & doesn't address the true causes of the
crisis. That's the bottom line. 2,300 pages of a bill that doesn't
address the causes of the illness. Only Washington could do something
like that."