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Wall Street Moves to Gut Post-Crisis Financial Rules

WALL STREET MOVES TO GUT POST-CRISIS FINANCIAL RULES

ON THE CAMPAIGN trail, Donald Trump frequently pledged to “dismantle” the Dodd-Frank financial reforms passed in the wake of the 2008 financial crisis. On Wednesday, with the Federal Reserve’s release of a proposal to roll back capital and liquidity requirements, he caught his big whale.

Those requirements, imposed by the Dodd-Frank Act, were put in place to ensure that critical financial institutions could weather economic storms. The liquidity ratio was only finalized in September 2014. And yet, just four years later, on October 31, the Federal Reserve announced proposed changes that would reduce liquidity requirements by almost a third for banks such as Capital One and Charles Schwab with assets of $250 billion to $700 billion. Smaller banks would have even fewer restrictions.

In the lone dissent on the Fed’s four-member board, Lael Brainard said she could not support the proposal, which, among other things, would “weaken the buffers that are core to the resilience of our system.”

The proposal was one of a series of dramatic changes pushed forward by the Economic Growth, Regulatory Relief, and Consumer Protection Act, which Congress passed in May with bipartisan support. That bill also weakened the Volcker Rule, implemented in 2015 to limit banks’ ability to make speculative proprietary investments — another centerpiece of Dodd-Frank designed to rein in potentially fatal risk-taking by big banks.

The bill exempted smaller banks from compliance with Volcker. The same month it passed, the Fed proposed sweeping changes to further weaken Volcker, shifting the burden of proof on compliance on each trade from the banks to oversight agencies.

Thanks, but We Want More

Both Fed proposals — on liquidity and Volcker — were promoted as an effort to reduce compliance costs. Jerome H. Powell, chair of the Fed, said of the Volcker proposal that it simply offered “a more streamlined set of requirements” for banks.

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Why Dodd-Frank Is a Shell Game for Banks

Why Dodd-Frank Is a Shell Game for Banks


Ten years after the crisis, financial regulation leaves taxpayers holding the bag for banks’ safety net.

Regulation is best understood as a dynamic game of action and response, in which either regulators or regulatees may make a move at any time. In this game, regulatees tend to make more moves in pursuit of safety-net subsidies than regulators can or do make to stop them. Moreover, regulatee moves tend to be faster and more creative, and to have less-transparent consequences than the moves that regulators make.

In modern times, banking crises have occurred when managers pursued concentrated risks that made their institutions increasingly vulnerable, but generated a series of substantial and long-lasting safety-net subsidies until things finally went south. As I explore in my new INET working paper, such subsidies can prove long-lasting because the regulatory cultures of almost every country in the world today embrace—in one form or another—three strategic elements:

  1. Politically-Directed Subsidies to Selected Borrowers: The policy framework either explicitly requires—or implicitly rewards—institutions for making credit available to favored classes of borrowers at a subsidized interest rate. In recent crises, subsidized loans to homeowners played this role. However, the next crisis may feature loans to current and former students, pension funds, and state and local entities;
  2. Subsidies to Bank Risk-Taking: The policy framework commits government officials to offer on subsidized terms explicit and/or implicit (i.e., conjectural) guarantees of repayment to banks’ depositors and other kinds of counterparties engaging in complex forms of bank deal making;
  3. Defective Monitoring and Control of the Subsidies: The contracting and accounting frameworks used by banks and government officials leave no paper trail. They are careful not to make anyone directly accountable for reporting or controlling the size of these subsidies in a conscientious or timely fashion.

…click on the above link to read the rest of the article…

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