David Weidner is not at all happy with Mary Shapiro, new Chair of the SEC, and he is trying to rekindle the fire of reform:
The SEC's failings were made so plain that almost everyone -- including its former chairman, Christopher Cox, and his successor, Mary Schapiro -- seemed resigned to radical reforms that would either eliminate the SEC, or more likely, make it an arm of a stronger institution such as the Federal Reserve or Treasury Department.
But now that the worst of the crisis appears to have passed, Americans are feeling less angry and more optimistic about their investments. Barring another collapse that sends banks tumbling, unemployment skyrocketing and 401(k) values even lower, the window for reform is closing fast.
As a result, the drumbeat for change at the SEC is growing fainter. The House Financial Services Committee is more occupied with credit card rates, Internet gambling and executive compensation than with remaking Wall Street's rules. Once promised radical structural changes, we are instead getting the kind of reform normally enacted by career bureaucrats such as Ms. Schapiro: None.
Weidner's right about the SEC's failings and the perceived inevitability of reform a few months ago, but he is wrong in asserting that the window for reform is closing. Even if he were right about that, he fingers the wrong culprit. It's silly to blame the failure to pursue the radical reforms that Weidner was expecting -- eliminating the SEC or making it an arm of a stronger institution -- on Mary Shapiro. Why would she campaign to eliminate her own agency? If anyone were to blame here, it would be Congress, which was making all sorts of noises last fall about the need for a revamped financial services regulator. But Weidner knows that this story is far from over. He simply doesn't want us to lose sight of the idea that substantial reforms of the SEC are in order.
Reform is coming, but Congress is right to hold off for a while. For the first two months of the Obama Administration, capital markets were tumbling, in no small part because of the profound uncertainty surrounding Treasury Secretary Timothy Geithner's next moves. Then, on March 10, the markets seemed to turn. (On that day, I wrote, "it's time to get bullish again," and since that day the DJIA has risen almost 25%.) Reforms of the sort that Weidner is imagining would be intensely destabilizing right now, and Congress should wait until the market has recovered its footing. I suspect we will see some action on this front in the fall of this year, after we have a clearer sense of where the automobile industry and banking are headed.
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1. Posted by fedgovernor on May 7, 2009 @ 8:46 | Permalink
The SEC isn't just failing ... it is a criminal enterprise.
It was the SEC that protected Bernard Madoff for 70 years while he fleeced investors of billions of dollars.
Remember that concerned accountants and others reported Madoff's Ponzi scheme to the SEC, and the SEC promised to investigate.
And investigate they did. They claim to have conducted an exhaustive probe. Madoff was allowed to continue with his business practices.
How else could that occur unless our government had been compromised?
The SEC has been compromised. It has been turned into a criminal organization no different from the cop on the beat allowing a drug dealer to operate.
2. Posted by Brett McDonnell on May 7, 2009 @ 10:01 | Permalink
When to institute major reforms in financial regulation strikes me as a very hard problem right now. On the one hand, Gordon's right--the rescue is rightly sucking up the relevant players' energy and attention right now, and regulatory reform is a complicated topic that can be easily botched if rushed. On the other hand, Weidner may well be right that needed political pressure may subside before too long. Plus, the uncertainty created by the potential for reform without knowing what it will look like may itself cause big problems for financial markets. So, when is the right time? I agree, not yet. But within the next year or so? That seems roughly right.
3. Posted by fedgovernor on May 8, 2009 @ 6:37 | Permalink
The SEC is not the only institution which has been compromised. The Federal Reserve also has some people working for it that are, shall we say, not impartial.
http://money.cnn.com/2009/05/07/news/economy/NY_Fed_Chair_Resigns/?postversion=2009050718
Undoubtedly using his vast insider knowledge, the chairman of the Federal Reserve Bank of New York bought stock in Goldman Sachs while serving as chairman.
"The New York Fed's general counsel, Thomas Baxter Jr., defended Friedman's recent stock purchases, which occurred while the Federal Reserve was weighing [a] waiver request. Friedman bought 37,300 shares worth $3 million in December 2008, according to the [Wall Street] Journal."
The important part is next, and keep in mind while you read this that this person is, next to Ben Bernanke, the most important person at the Fed:
"He didn't check with the Fed, and lawyers at the New York Fed told the Journal they were not aware of the purchases until the newspaper contacted them last month."
So, here you have a federal regulator with deep insider knowledge about what will occur in the future with our banks. And this person is trading in stock on that information without telling the Fed, and in violation of the law.
Is he arrested? Surprisingly, no. The Securities and Exchange Commission regulates insider stock sales; and despite it being common knowledge that the chairman of the largest Federal Reserve bank is trading illegally, the man is merely allowed to resign quietly with his million of dollars in illicit gains once his activities became public.
Our government has been compromised.
4. Posted by fedgovernor on May 8, 2009 @ 7:14 | Permalink
Here's the Wall Street Journal on Friedman's resignation:
http://online.wsj.com/article/BT-CO-20090507-725431.html
The important paragraph is as follows:
"Referring to Friedman's purchase of additional Goldman shares in December and January, Baxter wrote "it is my view that these purchases did not violate any Federal Reserve statute, rule or policy."
Note that he does not say the trades don't violate our nation's insider trading laws... just Fed rules and policies. I guess it's a good thing for Friedman that the SEC is also corrupt!
Also, keep that paragraph in mind.
What Mr. Baxter is saying is that it is not against Fed rules for the employees of the Federal Reserve to trade in the stock of companies they regulate with insider knowledge of how they are reshaping the banking landscape in this country. It is the Fed, working hand in hand with a former Fed employee at the Treasury Department, which is deciding which banks will be liquidated and which ones won't be.
The foxes are guarding the henhouse.
Is it any wonder that people are removing their money from banks?
Can anyone have any faith in a government this obviously and openly corrupt?
5. Posted by fedgovenor on May 8, 2009 @ 7:32 | Permalink
By the way Gordon, this post is the quintessential explanation for why the nation's newspapers are going under.
Here we have actual, honest to God news revealing high-level government corruption, and I'll bet most of your readers are unaware of this story.
Newspapers don't want to cover any story that brings disrepute on Dear Leader and "Tax Boy Timmy" Geithner.
There's plenty of ink and airtime to cover the President's purchase of a Grey Poupon-laden cheeseburger; but if you want to really understand what's going on in this country, you can't do it by reading a newspaper or watching television.
You have to be reading blogs.
6. Posted by MDF on May 9, 2009 @ 19:25 | Permalink
What an odd op-ed. You'd get the feeling that the success of the SEC's enforcement program is measured by how often it litigates cases against the very top executives at brokerage firms. Whether they need it or not.
And Kennedy wasn't a major Wall Street player? The tradition of prosecution died out with Donaldson? (What does he call the 1950s?) My suggestion is the Weidner needs a copy of Seligman's "Transformation of Wall Street."
The drumbeat to eliminate the SEC was never going to go very far once Democratic committee chairs recognized that the alternative was to create a single regulator under the Fed, with little focus on investor protection. If Weidner didn't realize that, he just wasn't paying attention.
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