FCIC: First Panel Report

Jan 13, 2010Mike Konczal

mkonczal-100Mike Konczal reporting live from Washington...

mkonczal-100Mike Konczal reporting live from Washington...

You'll be happy to note that all four bank CEOs understand that Too Big To Fail shouldn't exist, and that they've spent a lot of time re-examining their compensation packages. We know this because all four bank CEOs took the upmost pain to describe both these things during the opening panel of the Financial Crisis Inquiry Commission this morning in Longworth House Office Building in Washington D.C. Wednesday morning.

The first panel, consisting of Lloyd Blankfein, CEO of Goldman Sachs, James Dimon, CEO of JPMorgan Chase, John Mack, Chairman of Morgan Stanley, and Brian Moynihan, CEO of Bank of America, started with 10 minute statements from each of the executives before questions. And each of them, in addition to giving a similar high-level story of the crisis that blamed excessive liquidity, easy credit, and high-leverage, mentioned that Too Big To Fail wasn't an option. And with the public suffering from 10% unemployment while Wall Street is ready to enjoy the huge bonuses that have come in part from taxpayer recapitalization, all of them took a minute to discuss changes to their compensation. Moynihan reminded the commission that most of his employees weren't involved with the risky part that collapsed, trying to lay the groundwork for a large bonus season. Blankfein mentioned that Goldman's new compensation structure was also designed to reduce risk.

This did not get them many brownie points from the Commission. Chairman Angelides started the questioning by tearing into Blankfein, questioning him about whether or not Goldman was involved in fraud in the market, and the practice of shorting mortgage-backed securities that they were selling to other investors. In a powerful moment, Blankfein said that "these are professional investors" who were buying the products Goldman was shorting on the side, where Angelides responded "these are the pensions of police officers", pointing out the human costs of these situations that Goldman was able to profit from.

The questioning continued with Vice Chairman Bill Thomas requesting that the record stay open and stating that he wished to submit questions collected by the New York Times to be answered by the CEO's. He then encouraged people to email him (billthomas@fcic.gov) with additional questions, and said that he hoped as many of them as possible can be answered.

The Commission continued to pile into the Goldman Sachs CEO. Former analyst Heather Murren asked if anyone had contacted Blankfein about whether or not the firm should take a haircut and receive less than 100% of the CDS value that AIG had with them -- money that came straight from the taxpayer. Blankfein, starting to lose his cool, surprised audiences when he said that nobody had ever asked him. Could there be additional fallout from AIG information people don't know yet?

After additional questioning, James Dimon, CEO of JP Morgan -- which is supposed to have one of the best risk management houses on Wall Street -- admitted that their risk management never thought that housing prices couldn't go down. To be specific, he said their 'stress tests', features that form the backbone of part of the Frank Bill (in the living will part of Too Big To Fail), were never run with scenarios where housing prices went down during the housing bubble.

And these are the smartest guys!

Byron Georgiou asked if, since clawbacks are mentioned all the time, any employee has actually had their bonus taken through a clawback for being irresponsible. The CEOs will get that to him in writing later -- they couldn't think of any at the time.

'A Matter of Responsibility'

The question of what responsibility the CEOs have towards the clients they work for lead the second half of questioning. Bill Thomas questioned wether all the complexity that the largest firms provide is really just a form a tax. They make a document 100 pages long instead of 1 page long because it costs more to do the 100 pages, even if there is no benefit to their client. The CEOs dodged this question, though Thomas was smart and brought it into a question about whether or not many of these exotic derivatives should be made simpler and easier to manage through standardization. Again the CEOs dodged, but only after admitting that they are able to charge more for this complexity.

Keith Hennessey pointed out that having Too Big To Fail firms distort the market, since investors are more willing to invest in firms that have an implicit government guarantee. The CEOs pointed out that their spreads have increased post-crisis, defanging the line of inquiry. However, Hennessey asked Blankfein if one of the other three firms present failed tomorrow, whether or not the government would bail them out. Blankfein admitted yes, the government probably would. You could feel the collective sigh of the packed room.

Peter Wallison asked tough questions about the relationship between AIG and Goldman Sachs. He asked whether or not coming under the regulatory umbrella of the SEC caused these banks to leverage up and take huge bets; he was promised information later. He also pushed on proprietary trading within these hybrid commercial/investment banks. Should firms that have access to the Federal Reserve window, designed to protect regular people, be using that to gamble like a hedge fund? Again, they said they would get back to him on this matter.

Finally Brooksley Born asked questions focusing on her speciality: the unregulated OTC derivatives market. Born was pushed out of her job in the late 1990s for saying that the OTC derivatives market, which includes the credit default swaps that blew up AIG, should be regulated, an opinion all the CEOs shared today. Born asked if having clearinghouses during the 00s would have prevented AIG, which Blankfein denies. Born then pushes for exchange-based derivatives legislation , something reformers have been fighting tooth and nail for over the past year but which has constantly been watered down. Born asks what amount of derivatives are 'bespoke', and thus couldn't be standardized; for the last time in the first panel, the CEOs mentioned they'd get back to the commission.

Chairman Angelides ended with a few concluding questions based around an idea: What is the responsibility of a bank like Goldman? Is it proper underwriting, which means making products that have quality to them, or is it simply market making, giving people whatever they want, even if they know it is garbage? Angelides asked point blank if Goldman's due diligence was enough for the investors it was underwriting for, and Blankfein said that it was. Goldman and the rest of the banks came down on the second side of this question, and this is one of the essential knots that reform will have to untangle: what do we expect of our banks? Quality service, or efficient money-making and giant bonuses?

Mike Konczal is a Roosevelt fellow and blogs for Rortybomb.

Share This

To Bankers and Regulators: Why the risky business?

Jan 13, 2010Jeff Madrick

man-on-money-150Roosevelt Institute fellow Jeff Madrick poses tough questions to bankers and regulators on the irresponsible practices that helped sink the economy.

man-on-money-150Roosevelt Institute fellow Jeff Madrick poses tough questions to bankers and regulators on the irresponsible practices that helped sink the economy.

The Angelides Commission should focus on why the financial institutions represented took excessive risk. The questions should be designed to enable Americans to understand how this occurred. Here is what we should know.

To the bankers and regulators:

Many of your commercial and investment banks had their own mortgage-originating subsidiaries -- their own Countrywides and New Centurys, in other words. Citigroup, for example, was almost as active as Countrywide in writing subprime mortgages through its subsidiaries. Merrill bought a big originator as late as 2007. Did you and your executives know that your mortgage origination subsidiaries were writing adjustable rate mortgages that depended on an ever rising housing market to be sustainable? Many home owners had to refinance at the higher equity in order to fund the reset rate on the ARM. Did you simply believe that home prices would rise indefinitely, even given the unprecedentedly rapid rise in the early 2000s?

Did you realize your subsidiaries were engaging in predatory lending by writing mortgages for those who could not afford future payments or denying them refinancing options?

If your company's subsidiaries did not originate such subprime mortgages, did you know that your mortgage trading desk and hedge funds were buying or packaging them as parts of mortgage-backed securities? Did you know that by securitizing these mortgages, you were encouraging predatory lending?

Defaults on these mortgages started rising in 2006. Did you understand the defaults would inevitably reduce the value of the mortgage-backed assets you had on your books or were selling to clients like pension funds? When did you come to understand that? If you or a responsible executive did not understand this, do you think it was a violation of your legal obligation to shareholders?

Did you understand that your collateralized debt obligations were often largely backed by subprime mortgages? Did you keep selling them to investment clients anyway?

In the second half of 2007, there was basically a run on SIVs and bank conduits that invested in mortgage-baked securities. The asset-backed commercial paper market essentially revolted. Did you begin to reduce your exposure? If you did not, do you think it was a violation of your legal obligation to shareholders? Did you keep selling mortgage backed securities to clients? If you did, do you think it was a violation of your legal obligation to clients?

Do you believe trading houses like your own have an inherent advantage in making money because of access to information about trading flows? Do you believe trading houses like your own can bluff and persuade traders at other firms to take positions and then sell against them? Has this ever happened to your knowledge? Does it happen regularly? Should traders be paid enormous bonuses if that is how they make their money?

Did anyone warn you about the excessive risks of mortgage backed securities or leverage in your firm? When did they do so? Was his or her advice heeded?

Once banks and investment firms went public in the 1980s and 1990s, traders and bank executives were not longer liable for losses? In fact, bonuses were paid out paper profits-markets to market. It was a system of heads I win, tails you lose. Didn't this encourage excessive risk-taking? Should this be reformed? How?

For regulators at the Fed and the New York Fed, why was it not clear in early 2007 that high defaults in subprime mortgages would affect the entire credit system? There were publications, even by Fitch, the rating services, suggesting the close link between subprime mortgages and the value of mortgage backed securities (MBS) and collateralized debt obligations (CDOs).

For regulators, were you ever disturbed that private credit ratings agencies rated MBSs and CDOs without access to the loan files-to the actual mortgages that comprised the securities?

For regulators, were you ever aware that there was so little public information about the composition of CDOs or the market value of credit default swaps? When did you start to seek more information about them? Do you think it would help to standardize both CDOs and CDSs and have them listed or traded through a clearing house?

Why should we trust the Fed to be vigilant in the future, when conditions change unpredictably? Why did it fail to be vigilant in the past?

Roosevelt Institute fellow Jeff Madrick is the author of The Case for Big Government.

Share This

Ask a Banker! Top Ten Questions for the Financial Crisis Inquiry Commission

Jan 12, 2010Eliot SpitzerFrank PartnoyWilliam K. Black

money-question-150

When you've read this post, submit your own questions for the bankers appearing at tomorrow's hearing. We'll be collecting your ideas and featuring them prominently in the next few days.

money-question-150

When you've read this post, submit your own questions for the bankers appearing at tomorrow's hearing. We'll be collecting your ideas and featuring them prominently in the next few days.

The Financial Crisis Inquiry Commission (FCIC) is holding its first public hearings and will hear testimony from the CEOs of some of the largest financial institutions. This is not the hearing at which experienced investigators would produce fireworks. The FCIC has not used subpoena authority or voluntary requests for information to obtain the background information essential in order to hold a real investigative hearing. In particular, it has not obtained AIG (and Fannie and Freddie's) emails and other critical internal documents such as their financial models, internal accounting records, and loss reserve data that are readily available and vital to understand what caused the crisis. Any aircraft crash investigator knows how critical it is to find the "black box" that records the information that is typically essential to finding the cause. In the financial context, these AIG, Fannie & Freddie emails and internal accounting and risk records are the "black box" that any competent investigator would demand to review.

FCIC should use this first public hearing for two quiet purposes. The primary goal should be to develop information. The subsidiary goal is to put the CEOs on record as to what went catastrophically wrong, which will allow the FCIC to judge their candor as the facts are developed. The FCIC, and the nation, need the utmost candor. The CEOs must testify under oath, as is the norm now for witnesses testifying before the House Financial Services Committee. Precisely because it is the norm it does not impute any wrongdoing to any witness.

The primary goal is gathering information because that is what the FCIC needs and that is what the CEOs can provide at the hearing and, more importantly, in response to requests for information that the FCIC should make at the hearing. The CEOs have expertise, access to all information on the facts critical to understanding the crisis, the analyses their firms' have conducted or received on the causes of the Great Recession, and the steps their officers, firms, and other entities took (or failed to take) in response to those analyses. Those analyses are critical both for what they will reveal directly (what did they know and when did they know it?) but perhaps more importantly what they will reveal that the largest (surviving) financial institutions did not know or understand as the crisis was developing. For example, if the financial institutions did not conduct urgent analyses in response to the FBI's September 2004 warning that an "epidemic" of mortgage fraud was developing that would cause a financial "crisis" if it were not contained and/or did not act on those analyses to change their operations that non-action would be one of the primary contributors to the Great Recession.

We suggest specific questions below, but our overall recommendation to FCIC for this initial hearing can be stated succinctly: the FCIC should enlist the financial industry as its research assistants. The industry should jump at the chance. Now, we are not naïve and the FCIC must not be naïve. The industry is self-interested. It has performed abysmally, sometimes criminally. It rightly fears that exposure of its emails, data, analyses, and actions (and failures to act) to the public will expose it to criminal prosecutions, administrative enforcement actions, civil suits, and well-deserved ridicule. The CEOs' most salient fears are that disclosure of the information will demonstrate that the massive bonuses paid to them and their officers were paid improperly (because they were based on phony accounting) and should be "clawed back" and that many senior officials should be fired. Tough. The only way to reduce the frequency and damage of future crises is to find out what caused this one. So FCIC must insist on total disclosures by these firms -- no selective release of analyses that make the senior officers look good or were written to try to justify bonuses or help the lawyers defend the officers. It all must come out -- and it must do so promptly. FCIC, and the nation, need to know now whether the firms are unwilling to provide all the analyses and underlying facts that FCIC needs to fulfill its statutory duty. If they are not willing to do so then the nation needs to know whether FCIC has the guts and integrity to use its subpoena authority immediately to obtain the information.

For the sake of brevity in the questions below we have not repeated each time the critical specific details (who, when, how?) any competent investigator would need to ask in the formal request for information in order to learn the specifics and identify the essential documents.

Here are our top ten questions:

1. AIG: What was your firm's relationship with AIG? How much exposure did you have to AIG? What information did you publicly disclose about that exposure? Did you think AIG's CDS strategy was "good business"? Do you think we still would have needed to rescue AIG if its derivatives had been centrally cleared, as some in Congress have proposed?

2. Disclosure: Were your financial statements during 2005-08 accurate? What did your officers disclose to your board about your bank's exposure to the nonprime mortgage markets before 2008? What specific information did you publicly disclose about your exposure to derivatives and nonprime mortgages? When did officers or employees of your firm recognize that there was a serious risk of a housing bubble? What did they recommend, and what changes did the firm implement, in response to the identification of this risk? Why?

3. Pay: What was your bank's total compensation for officers for each year from 2001 to the present? What were the components of that compensation? Identify and explain where compensation created perverse incentives in the following contexts: your bank, other banks, executive compensation advisory firms, audit firms, appraisers, rating agencies, loan brokers, loan officers? What aspects of compensation produced these perverse incentives? When did employees of your bank become aware of the literature in economics, criminology, and compensation warning of these perverse incentives? What specific actions did the bank take in response? Which elements of your bank's compensation system create perverse incentives?

4. Ratings: Why do you think the rating agencies gave AAA ratings to toxic CDOs? Did you think CDO credit ratings accurately reflected their credit worthiness? Did employees of your bank ever express concerns internally/publicly about the judgment of the ratings agencies? If so, when was the first time?

5. Moral hazard: What incentives at your institution helped lead to the financial crisis? What conversations did you have with the Fed regarding your exposure to CDS and other derivatives? What monetary value would you place on the government guarantee of your deposits?

6. Mortgage fraud: Name the three nonprime specialty lenders with the worst reputations for originating fraudulent mortgages. Name the three nonprime specialty lenders with the worst reputations for originating predatory loans. Is there any legitimate business reason why a secured lender would seek to induce appraisers to inflate the value of the secured property? When did employees of your bank become aware that coercion of appraisers to inflate appraised values was becoming common? What action did they take or recommend when they became aware?

7. Warnings: What were the three most significant specific steps your banks took in response to the FBI's September 2004 warning that the developing "epidemic" of mortgage fraud would produce a crisis if it were not stemmed? Why do you think the spread on nonprime mortgages fell after this warning, and other warnings? Why did bank loss reserves also fall during this time? What were your bank's analyses of these risks and the adequacy of loss reserves (industry-wide and at your bank) and how did they change as the markets exhibited these perverse patterns? What did your bank's officers recommend that the bank do in response to these perverse market conditions and what actions did the bank actually take? Were the industry reactions, and your bank's reactions, to the warnings adequate?

8. Lobbying: How much has your bank spent on lobbying over the last five years? This year? How many additional personnel has your bank hired full-time or as consultants to lobby the federal government?

9. Crimes: How many criminal referrals has your bank made for mortgage-related frauds in each year beginning in 2002? How many named your own officers or employees? Does the FBI have adequate resources to investigate such frauds? Explain how an epidemic of mortgage fraud must lead to widespread accounting and securities fraud if the mortgage paper is to be resold.

10. Regulation: Did the passage of the Commodities Futures Modernization Act of 2000 contribute to the crisis? Did the federal regulators' efforts to preempt state regulation of predatory mortgage lenders contribute to the crisis? Should the Federal Reserve have used its authority under HOEPA to regulate nonprime lending during the financial bubble? Provide any contemporaneous analyses of the role of regulation, deregulation, and desupervision in contributing to the crisis. Did your bank lobby (directly or indirectly through trade associations) in support of deregulatory efforts that contributed to the crisis?

**HAVE A QUESTION FOR A BANKER? LEAVE YOUR QUESTION IN THE COMMENT FIELD BELOW!

Eliot Spitzer is a former attorney general and governor of New York. Frank Partnoy is a professor of law at the University of San Diego and the best-selling author of The Match King: Ivar Kreuger, The Financial Genius Behind a Century of Wall Street Scandals, about the 1920s markets and Ivar Kreuger, who many consider the father of modern financial schemes. William Black is Roosevelt Institute Braintruster and a former investigator of the S&L crisis and a professor of economics and law at the University of Missouri-Kansas City and the author of The Best Way to Rob a Bank is to Own One.

 

Share This

Financial Crisis Inquiry Commission: A User's Guide

Jan 12, 2010Mike Konczal

question-mark-150

What you need to know to follow the long-awaited Financial Crisis Inquiry Commission hearings.

question-mark-150

What you need to know to follow the long-awaited Financial Crisis Inquiry Commission hearings.

This week begins the long-awaited first hearings of the Financial Crisis Inquiry Commission (FCIC). This is a bi-partisan 10-member commission created by Congress to investigate the causes of the financial collapse. It is mandated to create a special report by December 15th, 2010, and will be holding hearings year round. The Commission is expected to have their webpage -- fcic.gov - go live today. I'll be blogging the FCIC live from the hearings through Thursday right here. First, an overview.

The FCIC is modeled in part on the Iraq Study group, and in part on the New Deal's Pecora Investigation. Pecora, in the testimony he found, uncovered a variety of abuses that mobilized the public to pass the banking regulation that provided the financial sector for the postwar boom in the real economy: Glass-Steagall, the Securities Act, and the Securities Exchange Act. Several members of the FCIC are hoping to have policy recommendations available for Congress in their final report.

As for the committee itself, there are a lot of hopeful signs. Brooksley Born, who was pushed out of her job in the late 1990s by Larry Summers, Robert Rubin and Alan Greenspan for trying to bring Credit Default Swaps (CDS contracts) under the regulatory umbrella, a story well told in the Frontline documentary: The Warning, is on the commission. Keith Hennessey, who in addition to being a blogger, was Director of the National Economic Council for President Bush in 2008 (may want to use subpoena power to learn more about what was being hidden from him by Paulson, Geithner and Bernanke during the crisis), is also on the committee. Phil Angelides has secured the ability to grant whistleblower status to witnesses, a move that may get some surprise testimony.

What will the commission bring?

Wednesday

There are five panels over the two days, three on Wednesday and two on Thursday.   The first panel, "Financial Institution Representatives", has the CEO/Chairman of each of the major four banks:  Lloyd Blankfein of Goldman Sach, James Dimon of JPMorgan Chase, John Mack of Morgan Stanley, and Brian Moynihan of Bank of America.

If there are going to be headline grabbing revelations at this commission, it will be from this panel.   There are any number of questions to ask these four CEOs, and it is just a matter of having enough time to get through the most important ones.

The next panel, "Financial Market Participants", will have members of the investment community:  Michael Mayo, a director of Calyon Securities, Kyle Bass of Hayman Advisors, and Peter Solomon of Petere J. Solomon Company.   The presumption is that they'll give an investor perspective on what was going on in the financial markets over the past decade, and their interactions with both the collateralized markets and the largest banks.

The last panel of Wednesday will be "Financial Crisis on the Economy", which will give a much needed perspective on the crisis from the point of the real economy and regular people.   There will be C.R. Cloutier, a past chairman of the Independent Community Bankers Assocation, who will likely talk about pressures community banks felt from larger banks their unregulated subprime lending arms.   There will be Dr. Rosen of Berkeley and Dr. Zandi of Moody's Economy.com to talk about the impact on the real economy and the real estate market.   And in a heartening sign, Julia Gordon of the Center for Responsible Lending, who will certainly give perspectives from the point of view of individuals who have been run over by the past decade.

Thursday

The two panels on Thursday will interview government officials, at the federal level for the fourth panel and at the state level for the last one.    The questioning of Attorney General Eric Holder will be interesting to see how much the committee wants to push him. State Attorney Generals, including Lisa Madigan of Illinois and John Suthers of Colorado will be testifying.

Who I think will be most interesting to hear from on Thursday is Sheila Bair, Chairman of the FDIC and a hero of financial reform. After a long year of surviving Treasury Secretary Geithner's efforts to remove her from her office, and preventing the grossest subsidies from taxpayers to banks hidden in the Geithner "PPIP" Plan from going through, she'll probably have a lot of interesting things to say.

Mike Konczal is a fellow at the Roosevelt Institute. He also blogs at Rortybomb.

Share This

Ask Holder to Be Bolder: Resolving the Mysteries of AIG

Jan 12, 2010Tom Ferguson

money-question-150

Tom Ferguson urges the Financial Crisis Inquiry Commission to question Eric Holder on AIG.

Is there anyone out there who still expects anything from the Angelides Commission? After AIG? After TARP? After Treasury's gargantuan tax breaks for banks, Geithner's preposterous asset buying program, the Citigroup $300 billion plus "ring fence," or the FDIC's guarantees of bank debts? Or, for that matter, the proposed new financial "reform" legislation that does little to rein in "too big to fail" banks and their long deadly chains of derivatives and credit default swaps?

Probably not. But since the Commission is finally holding its first hearings this week, let's just for a moment suspend disbelief and imagine how we skeptics might be proved wrong.

One telltale sign will come right at the start: Are the bankers who are testifying required to do so under oath or not? If the answer is no, relax and go see a disaster movie. You can be sure that it will all be just for show.

Assume, though, that the Commission passes that test. Today several of my gifted colleagues are proffering advice on what the bankers should be asked if the Commission wants to be taken seriously. I am as curious as anyone to hear how Goldman Sachs CEO Lloyd Blankfein defends "God's work." But let's also focus on someone else who will be testifying right after them: Attorney General Eric Holder.

Mr. Holder's position is unique. He heads the Department of Justice. As such, he doesn't exercise direct regulatory responsibility over financial markets in the way that the Federal Reserve System, the Federal Deposit Insurance Corporation, or the Securities and Exchange Commission do. But he is the nation's top law enforcement official, so it makes sense to ask him some pointed questions, especially about AIG.

In August 2009, the New York Times reported that in the wake of the market panic triggered by the collapse of Lehman Brothers in September 2008, Treasury Secretary Hank Paulson had asked for an ethics waiver that would allow him to talk to his old colleagues at Goldman Sachs. According to the Times, Mr. Paulson received two waivers on September 17: one from the White House counsel's office and one from the Treasury. But the Times also reported that according to Mr. Paulson's calendar, which it said it had obtained via the Freedom of Information Act, the Secretary didn't wait for the waiver before commencing his now famous series of calls back and forth with Lloyd Blankfein. Paulson telephoned him at least twice before the waiver arrived and many more times thereafter.

Yes, it was a crisis, and Paulson needed no waiver to speak with Blankfein about bland topics such as market conditions. But given the endless controversy about how AIG's rescue aided Goldman Sachs, Holder should be asked if he has reviewed the circumstances of the waiver, and what his views on it are. He should also be asked about any later memoranda or correspondence about the waiver.

More importantly, though, according to the Times, the calendar shows only official calls from Paulson's office. It does not record calls from Paulson's cell phone or from his home phone. Mr. Holder should be asked explicitly if the Department of Justice has obtained a full list of calls made from the other telephones. He should also be asked to make the list public.

As Attorney General, Mr. Holder is the authority on implementation of the Freedom of Information Act. In other circumstances, he has, like President Obama, touted the virtues of transparency and the timely release of information to the public. And, to be sure, the administration's FOIA policies represent an improvement over the icy hostility of the Bush-Cheney administration.

In September 2008, Harper's Magazine formally asked the Justice Department to release the same calendar that the Times said it already had obtained. Treasury claimed in October that it needed more time to consider the request. It has not responded further. The Treasury has also stonewalled Harper's request for an accounting of the other telephone calls. Mr. Holder should be asked how long he thinks Treasury can reasonably delay answering such simple requests and how he conceives of his responsibility in such matters. Needless to say, the Commission itself must demand all those records and make them public, by subpoena if necessary. There is no issue here of national security-and the recent disclosure that the New York Fed told AIG not to disclose the identity of the banks receiving full payment on their credit default swaps with AIG only fuels the worst possible suspicions.

Finally, of course, the Attorney General needs to be asked who in the Justice Department is reviewing the rest of the tangled chain of emails, memos, and phone conversations that stretched between Wall Street, the Fed, Treasury, and the White House during the period of the bailouts, including those engineered by Mr. Geithner after he relocated from the New York Fed to the Treasury. The Attorney General should be asked to make all such material available to the Commission and the Commission should undertake to publish all of it online. If it does, the Commission would really live up to its billing as a "new Pecora Commission." If it backs down, well then, so much for the audacity of hope. We'll know we were had -- again.

Thomas Ferguson is Professor of Political Science at the University of Massachusetts, Boston; a member of the advisory board of the Institute for New Economic Thinking, and a Senior Fellow at the Roosevelt Institute. He is the coauthor, with Robert Johnson, of a two part series on the financial crisis that has just appeared in successive issues of the International Journal of Political Economy.

Share This

Anti-Regulators: The Federal Reserve's War Against Effective Regulation

Jan 11, 2010William K. Black

the-fed-150Roosevelt Institute Braintruster William Black warns that the Fed's failed leadership on regulation could lead us over another financial cliff--more catastrophic than the last.

the-fed-150Roosevelt Institute Braintruster William Black warns that the Fed's failed leadership on regulation could lead us over another financial cliff--more catastrophic than the last.

The first decade of this century proved how essential effective regulators are to prevent economic catastrophe and epidemics of fraud. The most severe failure was at the Federal Reserve. The Fed's failure was the most harmful because it had unique authority to prevent the fraud epidemic and the resulting economic crisis. The Fed refused to exercise that authority despite knowing of the fraud epidemic and potential for crisis.

The Fed's failures were legion, but five are worthy of particular note.

1. Greenspan believed that the Fed should not regulate v. fraud

2. Bernanke believed that the Fed should rely on self-regulation by "the market"

3. (Former) Federal Reserve Bank of New York President Geithner testified that he had never been a regulator (a true statement, but not one he's supposed to admit)

4. Bernanke gave the key support to the Chamber of Commerce's effort to gimmick bank accounting rules to cover up their massive losses -- allowing them to report fictional profits and "earn" tens of billions of dollars of bonuses

5. Bernanke recently appointed Dr. Patrick Parkinson as the Fed's top supervisor. He is an economist that has never examined or supervised. He is known for claiming that credit default swaps (CDS, a.k.a the financial derivatives that destroyed AIG) should be unregulated because fraud was impossible among sophisticated parties.

Each error arises from the intersection of ideology and bad economics.

The Fed's regulatory failures pose severe risks today. Three of the key failed anti-regulators occupy some of the most important regulatory positions in the world. Each was a serial failure as regulator. Each has failed to take accountability for their failures. Last week, Dr. Bernanke asserted that bad regulation caused the crisis -- yet he was one of the most senior bad regulators that failed to respond to the fraud epidemic and prevent the crisis. As Dr. Bernanke's appointment of Dr. Parkinson as the Fed's top supervisor demonstrates, the Fed's senior leadership has failed, despite the Great Recession, to learn from the crisis and abandon their faith in the theories and policies that caused the crisis. Worst of all, the Fed is an imperial anti-regulatory seeking vastly greater regulatory scope at the expense of (modestly) more effective sister regulatory agencies. The Fed's failed leadership is setting us up for repeated, more severe financial crises.

Dr. Parkinson as Anti-Regulator

This essay focuses on Chairman Bernanke recent appointment of Dr. Parkinson to lead the Fed's examination and supervision. My central point is that Dr. Bernanke appointed Dr. Parkinson because he shared Dr. Bernanke's anti-regulatory ideology and has never changed those views, even in the face of the Great Recession. The anti-regulator policies that Bernanke and Parkinson championed were the principal drivers of the fraud epidemic that have produced recurrent, intensifying crises.

Bernanke's appointment as the Fed's top supervisor of an individual that had no experience in regulation, in the midst of the greatest crisis of our lifetime, is irresponsible and dangerous on its face. No ideology has proven more disabling in this crisis than neoclassical economics. Dr. Parkinson is a neoclassical economist. The "skills" an economist would purportedly bring to supervision have proven to be disabilities in identifying and understanding fraud and risk.

We need not rely on generalities -- Dr. Parkinson has a record relevant to supervision that we can evaluate. The most revealing aspects of that record fall into three categories. First, Dr. Parkinson was a leading proponent of the obscene (and successful) effort to prevent Commodity Futures Trading Commission Chair Brooksley Born from taking regulatory action to prevent destructive credit default swaps (CDS). Second, Dr. Parkinson, like Greenspan and Bernanke, subscribed to the naïve view that fraud was impossible in sophisticated financial markets and that credit rating agencies were reliable. Third, Dr. Parkinson endorsed the international "competition in regulatory laxity" that Dr. Bernanke (belatedly) warned has degraded regulation on a global basis. Here are the key passages from Dr. Parkinson's congressional testimony:

Professional counterparties to privately negotiated contracts also have demonstrated their ability to protect themselves from losses from counterparty insolvencies and from fraud. In particular, they have insisted that dealers have financial strength sufficient to warrant a credit rating of A or higher. This, in turn, provides substantial protection against losses from fraud.

If this opportunity is lost, the Board is concerned that market participants will abandon hope for regulatory reform in the United States and take critical steps to shift their activity to jurisdictions that provide more appropriate legal and regulatory frameworks.

The "opportunity" Dr. Parkinson feared would be "lost" was to remove the CFTC's ability to regulate CDS. Anti-regulation would "win" the international competition in laxity. His policies made possible the catastrophe that is AIG. Dr. Bernanke is aware of Dr. Parkinson's record of anti-regulatory failure. He chose Dr. Parkinson because of that record in order to ensure that the Fed would not take regulatory actions that would upset the biggest banks, particularly the systemically dangerous institutions (SDIs) that are the real governors of the Fed's anti-regulatory policies.

Roosevelt Institute Braintruster William K. Black is an Associate Professor of Economics and Law at the University of Missouri-Kansas City. He is a white-collar criminologist and was a senior financial regulator. He is the author of The Best Way to Rob a Bank is to Own One.

Share This

Feminomics: Race, Gender, and Poverty in Economic Recovery

Dec 24, 2009Maya Wiley

sexism-150Will 2010 be the year of the woman? We asked prominent thinkers to discuss women's changing roles in the economy. How has the crisis affected them? Are women the key to reform? What economic impact will they have going forward? We'll explore all this and more in a special ND20 12-part series.

sexism-150Will 2010 be the year of the woman? We asked prominent thinkers to discuss women's changing roles in the economy. How has the crisis affected them? Are women the key to reform? What economic impact will they have going forward? We'll explore all this and more in a special ND20 12-part series. Maya Wiley argues for focusing on the needs of women of color as a bellwether for the overall economy.

We all need jobs: men and women, people of all races, ages and physical abilities. So it's welcome news that recent jobs numbers from the Bureau of Labor Statistics show that we only lost 11,000 jobs -- not the 135,000 we thought we'd lose. And these numbers also tell us that we have a lot more to do to ensure that all who should work can work. To do that, we must make sure that we add the jobs to the economy that we all need. So why talk about women and why talk about women and race?

Talking about women and race will help focus us on where our economy is very broken. Men have lost jobs faster than women. Men need jobs. But most job creation has been in male-dominated industries like construction. Women of all races, and black men too, are grossly under-represented in construction jobs.

According to 2008 Department of Labor data, women are almost 60 percent of the US labor force -- working or looking for work. But women also earn only about 80% of what men earn. And women of color are faring worse than white women. When we at the Center for Social Inclusion crunched the numbers, we found that unemployment has also risen faster for young women of color than for white women in the same age range. Unemployment among young black women has increased by 8.6% to 20.4%. Today, 14.6% of Latina women in that age category are unemployed -- an increase of 7.2% since the start of the recession. Age matters, too. Young, white women are doing as poorly as their young male counterparts -- unemployment has risen 6.2% to 11%.

Another reason to pay attention to women's needs in this recession? In a word: poverty. The poverty rate for black women is 26.2%, and it's 25.5% for Latina women -- more than 4 times higher than the white male poverty rate. And it is not surprising that children are the collateral damage when we fail address the unemployment and poor pay that is behind these numbers. Even in a recession, it is shocking that 30.6% of Latino children, 33.9% of Black children, 15.8% of white children, and 13.3% of Asian children live in poverty.

A democracy needs a democratic economy. That means that we invest our public dollars in our people so that we all can participate in the economy. Our economy is a set of relationships - childcare, health care, transportation, education and networks. Investing in childcare, access to education -- particularly higher education - and in critical infrastructure like broadband and public transit that connects excluded communities to job opportunities and job centers, can ensure that our economy and our nation work. The White House is on the right track when it looks to reform health care, invest in infrastructure and fix financial institutions. But neutral decisions will mean that women, particularly women of color, will probably not have the same opportunities. Collecting data by race and gender, understanding where investments are low and unemployment is high, and removing the barriers the excluded face will produce a stronger nation.

Maya Wiley is executive director of the Center for Social Inclusion.

Share This

Navigating the Jobs Crisis: It's Time to Get to Work on Jobs

Dec 2, 2009Anna Burger

jobs-letters-150In the wake of the highest unemployment rate in 25 years, the Roosevelt Institute asked historians, economists and other public thinkers to reflect on the lessons of the New Deal and explore new, big ideas for how to get America back to work.

jobs-letters-150In the wake of the highest unemployment rate in 25 years, the Roosevelt Institute asked historians, economists and other public thinkers to reflect on the lessons of the New Deal and explore new, big ideas for how to get America back to work. Anna Burger argues for taxing Wall Street to pay for a series of initiatives to combat unemployment.

Our jobs crisis didn't happen overnight. And it didn't happen by accident.

We're paying the price for an economic system that for too long valued wealth over work, ignored the warning signs of crisis, and failed to meet the new challenges of the 21st Century.

80 years ago, we found ourselves facing similar challenges. A reckless financial system crashed our economy-leaving millions without jobs, without homes, and without hope.

But we know what happened next.

President Roosevelt created the New Deal and he did it by empowering Frances Perkins to shake things up across government and business. She worked around the clock to not only put people back to work-but to build an entirely new economy.

She focused on innovative public works programs to put millions of people back to work quickly and efficiently.

And she ensured workers could share in the productivity of a growing new economy by protecting their freedom to join unions-laying the foundation for the greatest middle class the world has ever seen.

If we are going to come out of our current crisis stronger and better prepared for the challenges of a 21st Century economy, we need someone to take charge, to focus-24/7-on job creation until we see results.

President Obama should empower the 21st Century version of Francis Perkins - someone to speak for him and someone who has the authority across government to shake things up.

Creating jobs isn't rocket science. What we mostly need is the political will, courage and determination to make it happen.

Now it's time to get to work:

1. We need to extend the safety net, including increasing unemployment insurance, expanding work-sharing programs to provide unemployment benefits for reduced hours of work.

2. We need to use TARP funds to increase credit for small businesses.

3. Federal fiscal relief to states and local governments needs to be expanded to save an anticipated 900,000 jobs and the vital services in our communities.

4. We need to target the fastest-growing sectors of human services such as child care, in-home services for the elderly and disabled, and other services our communities need through a public jobs program. This will create jobs in the public and private sectors and ensure our communities are healthy, educated, and well cared for.

5. We need to leverage private investment with public dollars through a national Green Bank that will promote energy-efficiency and renewable energy as a major source of job creation, in both the short and the long term. The jobs we create today will lay the groundwork for the industries of tomorrow.

Expanding the home retrofitting programs begun under the Recovery and Reinvestment Act will create good jobs in construction and related industries. Including commercial and public buildings would increase the scope of the program, create high-skilled jobs, and protect the planet by reducing demand for energy. By acting now, America can lead the way on green technology.

6. We must invest in our aging and failing infrastructure by rebuilding our schools, roads and bridges-putting millions to work. An Infrastructure Bank can foster public/private partnerships in developing regional and large-scale projects critical for a 21st Century economy.

7. The passage of health care reform will add tens of millions of Americans to the healthcare rolls and create more than a million new and different jobs in healthcare and related industries. We need to ensure our present healthcare workforce is prepared and we need innovative recruitment and training programs to meet this new workforce demand.

8. We must pass the Employee Free Choice Act to once again protect workers' freedom to form unions and allow them to share in the prosperity of a new 21st Century economy.

9. We need expanded worker training programs on a national scale so that young people are prepared for new industries and workers can the learn skills necessary to compete for new jobs. It's time to coordinate across agency lines and provide flexible lifelong training for the new economy.

We can do this without breaking the bank or increasing the deficit over a ten-year period.

It's time for Wall Street and the financial industry to pay back their debt to our society. Wall Street must do its part by paying a speculators tax on their obscene profits and transactions. This tax can fund the entire program outlined above over ten years.

This isn't a hard ask. After the trillions in taxpayer investments to bail out Wall Street, the excessive profits of firms like Goldman Sachs, and the $150 billion in compensation and bonuses the top six banks plan to dole out this year, this is a small price for Wall Street to pay.

The American people demand action.

People like Ferol Wagner, an 81-year-old widow who lost her life savings when the market crashed. Like Keith Scribner, who lost his job when a bank liquidated the 60-year-old business for which he worked. And Maria Guerra, whose brother lost his job, fell behind on his mortgage payments, and had to sign the home Maria helped him purchase over to the bank.

We were together in Chicago recently with thousands of other Americans to demand an end to an economy that puts Wall Street and corporate CEOs ahead of the rest of us. We were there to demand that the leaders we elected work 24/7 to create the relief our families need.

We can solve this crisis. We can right the wrongs of our economy.

But only with real focus and leadership that ensures everyone does their part.

And only if we get to work today.

Roosevelt Institute Braintruster Anna Burger is the chair of Change to Win, America's newest labor federation, and a top-ranking officer at the Service Employees International Union, where she oversees national political operations.

Share This

Fraud and Failure: Bo Cutter's Indictment of the Finance Industry (Part 1)

Dec 2, 2009Bill Black

money-noose-150Bill Black explains how Bo Cutter's defense of Tim Geithner reveals the  fraud and failure that plagued the financial sector  long before the crisis.

Bo Cutter has presented the best possible defense of Treasury Secretary Geithner.

money-noose-150Bill Black explains how Bo Cutter's defense of Tim Geithner reveals the  fraud and failure that plagued the financial sector  long before the crisis.

Bo Cutter has presented the best possible defense of Treasury Secretary Geithner.

It is a remarkable defense because it is premised on a scathing indictment of Wall Street, theoclassical economics, modern finance, and the sycophants that the financial community installed as anti-regulators. Indeed, Bo's account is sometimes particularly credible because it is a confession. Bo was a managing partner of Warburg Pincus, a major global private equity firm and led President Obama's Office of Management and Budget (OMB) transition team. His defense of Geithner provides so rich a vein of ore that I will mine it in three installments: (1) Bo's indictment of the finance industry, Greenspan, Geithner, Paulson and Bernanke, (2) the martyrdom of Geithner, and (3) Geithner as Bo's Last Action Hero.

Bo's explanation of Geithner's unique virtues begins the indictment.

It comes down to this: the combination of brains, guts, calmness, and a willingness to act are virtually non-existent in Washington in any era, but particularly in this one. When you find the combination in a significant cabinet level job, you should value it.

[T]his crisis was long in coming and it was a totally integrated failure of intellectual traditions, global macro-economic imbalances, government policy making, regulatory supervision, financial sector greed, incomprehensible boards of directors, absences without leave, and breath-taking management short-sightedness. No one and no institution put together an understanding of the set of factors that triggered this particular debacle. Tim [Geithner] is included in this "no one", but so is everyone else.

I think the last two years have revealed the single largest failure of senior management in the financial sector, and of the board system in American history. I think I am correct in saying that there was not a single independent director in America who stood up on this issue. I do not understand why every board of every institution that failed was not asked to resign immediately.

Bo's indictment is compelling, but his logic proves a deeper failure. There is no reason to restrict his indictment to "the last two years." The senior managers' and directors' failure did not begin with the recession. They failed throughout the expansion of the bubble, the backdating of stock options, after-hours trading, the collapse of the auction rate securities market, the "epidemic" of mortgage fraud by lenders, the massive scandals of the Enron and Worldcom era, and the savings and loan debacle. The financial sector has been in recurrent, intensifying scandals for decades.

Bo's arguments require us to focus on at least the last four years (even if he continues to ignore the FBI's 1984 warning that the mortgage fraud "epidemic" would cause a crisis).

In fact, by 2006 and early 2007 everyone thought we were headed to a cliff, but no one knew when or what the triggering mechanism would be. The capital market experts I was listening to all thought the banks were going crazy, and that the terms of major loans being offered by the banks were nuttiness of epic proportions.

By early 2006 -- roughly four years ago -- "everyone" agreed "we were headed to a cliff" and that the banks' "major loans" were "nuttiness of epic proportions." An industry whose claimed expertise is the sophisticated evaluation of risk and value universally failed to come remotely close to valuing either. As Bo emphasizes, these were massive errors. These managers got immensely wealthy because -- not despite -- their willingness to make hundreds of thousands of loans that were certain to crash and burn as soon as the bubble ceased to inflate (which it did in 2006). Bo knows them, and Bo says that every independent (sic) director betrayed their fiduciary duties to shareholders. Every senior officer at the major banks failed. Bo portrays them as incompetents, cowards, and moral failures.

Bo's indictment of his finance peers is even more severe than his portrayal. White-collar criminologists have shown that the lending pattern he describes ("nuttiness of epic proportions" when "everyone" agrees "we were headed to a cliff") demonstrates that the lenders are frauds that have produced an epidemic of accounting "control fraud" (where the persons controlling a seemingly legitimate organization use it as a "weapon"). The FBI began publicly warning of an "epidemic" of mortgage fraud in September 2004, with 80% of the losses occurring when lender personnel were involved in the fraud. The number of criminal referrals for mortgage fraud indicates an annual rate of mortgage fraud in the many hundreds of thousands. The recipe for a lender optimizing accounting control fraud is: (A) grow extremely rapidly, (B) make extremely bad loans, (C) have extreme leverage, and (D) provide minimal loss reserves. (The first two ingredients are related. In a mature product like home mortgages, the optimal way to grow extremely rapidly while increasing yield is to make loans to individuals that cannot repay the loans. The rapidly expanding bubble allows fraudulent lenders to postpone loss recognition by refinancing the bad loans.) Nonprime specialty lenders followed this recipe. The pattern produces guaranteed record accounting profits in the short-term. Because a significant number of lenders follow the same strategy, the result was a hyper-inflated financial bubble followed by an economic crisis.

The accounting fraud optimization pattern that a lender follows, however, creates two weaknesses that we exploited as S&L regulators during the debacle. The lender must gut its loan underwriting standards and suborn its internal controls. Secured lenders must encourage inflated appraisals. Officers must be disciplined for rejecting bad loans and given bonuses for making bad loans. No honest lender would follow such suicidal practices. Bank examiners can easily, quickly, and precisely identify these perversions of honest, normal underwriting practices. We made closing such lenders our top priority -- while they were still reporting record profits and minimal losses (See: The Best Way to Rob a Bank is to Own One). The economists and lawyers thought that this proved we were insane because they were clueless about accounting fraud. The second weakness is that optimizing accounting fraud requires extremely rapid growth. This provided a quick screening device for identifying likely frauds and a means to force their rapid collapse -- by restricting their growth. Regulators could have targeted these same weaknesses and contained the ongoing crisis. Instead, despite the FBI's early warnings about the fraud epidemic, they functioned as anti-regulators. The FBI has put the matter starkly: it is "irresponsible" to purport to explain the crisis without discussing fraud.

This post originally appeared on New Economic Perspectives.

Roosevelt Institute Braintruster William K. Black is an Associate Professor of Economics and Law at the University of Missouri-Kansas City. He is a white-collar criminologist and was a senior financial regulator. He is the author of The Best Way to Rob a Bank is to Own One.

Share This

Financial reform warrior Brooksley Born warns of more crises to come

Nov 27, 2009Henry Liu

s-brooksley-born-150Henry C.K Liu is one of the great chroniclers of finance and economics in our times.

s-brooksley-born-150Henry C.K Liu is one of the great chroniclers of finance and economics in our times. His writings, which I have followed for years at Asia Times Online and on his website, go beyond the mechanical propensities of most economists and financiers. He writes with a deep understanding of finance, Asia, and as you can see in the piece that follows, U.S. politics. He also breathes an insightful and playful humanity into all of the subjects he explores. We are fortunate, as Henry expresses in the article below, to have had Brooksley Born acting on behalf of the American people in the 1990s. We can also be thankful that we have Henry C.K Liu to illuminate the pathway forward as we address the vital challenges that mankind faces around the world.--Robert Johnson, Director of Financial Reform at the Roosevelt Institute

The 2009 John F. Kennedy Profile in Courage Award was given to Brooksley Born for her former role as chair of the Commodity Futures Trading Commission (CFTC) and her efforts to bring OTC (over the counter) financial derivatives.

The award citation read: "In the booming economic climate of the 1990's, Born battled other regulators in the Clinton Administration, skeptical members of Congress and lobbyists over the regulation of derivatives, warning that unregulated financial contracts such as credit default swaps could pose grave dangers to the economy. Her efforts brought fierce opposition from Wall Street and from Administration officials who believed deregulation was essential to the extraordinary economic growth that was then in full bloom. Her adversaries eventually passed legislation prohibiting the CFTC from any oversight of financial derivatives during her term."

Born, an attorney, was nominated as CFTC chair by President Clinton in 1996. She served from 1996 to the end of her term in April, 1999, after which she stayed on to serve as acting chair until her resignation on June 1, 1999.

At CFTC, Brooksley Born conducted a financial analysis which led her to anticipate a serious financial crisis due to growth in the trade of unregulated derivatives. Born was particularly concerned about swaps, financial instruments that are traded over-the-counter on the dark market. Swaps are traded on a cross network Alternative Trading System (ATS) that matches buy and sell orders electronically for execution without first routing the order to an exchange or other market which shows a public quote. Instead, the order is either anonymously placed into a black box or flagged to other participants of the crossing network. The advantage of the crossing network to the transaction parties is the ability to execute a large block order without impacting the public quote. Swaps thus have no transparency except to the two counter-parties. The disadvantage to the market is that material information is hidden from market participants.

On May 7, 1998, the CFTC, under Brooksley Born, issued a "Concept Release Concerning OTC Derivatives Market" requesting comments on whether the OTC derivatives market was properly regulated under the existing exemptions of the Commodity Exchange Act (CEA), passed during the New Deal era, and on whether market developments required regulatory changes.

Financial regulation, even against fraud, was strenuously opposed by Federal Reserve chairman Alan Greenspan, Treasury Secretary Robert Rubin and Undersecretary Larry Summers, who is now the top economic policymaker in the Obama White House. On May 7, 1998, SEC Chairman Arthur Levitt joined Rubin and Greenspan in objecting to the issuance of the CFTC's Concept Release. Their response off-handedly dismissed Born's concerns on inadequate regulation on the ground that discussing the regulation of swaps and other OTC derivative instruments would increase legal uncertainty of such instruments, potentially creating turmoil in the already adequately self-regulated markets, and reducing the market value of these instruments. Further concerns voiced were that the imposition of new regulatory constraints would stifle innovation and push coveted transactions offshore through cross-border regulatory arbitrage.

In the Senate Agriculture Committee hearing on July 30, 1998, Chairman Richard G. Lugar, Indiana Republican, attempted to extract a public promise from Born to cease her campaign for regulation on the OTC derivative market in exchange for warding off a move in Congress for a Treasury-backed bill to slap a moratorium on further CFTC action.

To her credit, Born stood her ground, portraying her agency as being under attack for carrying out its statutory mandate by anti-regulation agencies, namely, the Fed, the Treasury and the SEC. Fed chairman Greenspan shot back angrily that CFTC regulation was superfluous, and that existing laws were quite adequate. "Regulation of derivatives transactions that are privately negotiated by professionals is unnecessary," Greenspan said, referring to OTC derivatives, adding, "Regulation that serves no useful purpose hinders the efficiency of markets to enlarge standards of living."

According to Greenspan et al, the market can police itself even against fraud because it is run by honorable people who have strong incentives to protect the market from fraud. But the issue at the hearing was more than bureaucratic turf war. It was an ideological battle with the full power of the Federal government siding with Wall Street to suppress the dutiful carrying out of the statutory mandate of a small agency to protect the general public. Born was effectively silenced by a concerted effort by top officials in the Clinton administration after she responded to a challenge from a Committee member on what she was trying to protect by saying: "We're trying to protect the money of American public."

Larry Summers then as Treasury Undersecretary, now top economic policymaker in the Obama administration, was reportedly the Clinton administration's hatchet man to shut up Born and shut down CFTC demand for regulation of the OTC derivatives market. Born resigned as head of CFTC on June 1, 1999 in frustration.

After the global financial crisis of 2008, Greenspan has since publicly confessed to Congress that he had erred in his judgment on the self regulating power of the market. It is not known if he has apologized to Ms Born personally privately.

An October 2009 PBS "Frontline" documentary described Born's failed efforts to regulate and bring transparency to the secretive derivatives market, and noted the continuing resistance to reform. The program concluded with Born sounding another warning: "I think we will have continuing danger from these markets and that we will have repeats of the financial crisis -- may differ in details but there will be significant financial downturns and disasters attributed to this regulatory gap, over and over, until we learn from experience."

*An extended version of this article is available on Henry Liu's website.

Roosevelt Institute Braintruster Henry C.K. Liu is an independent commentator on culture, economics and politics.

Share This

Pages