Jun 1, 2009
Since October last year, the nation’s largest banks were holding marathon telephone sessions every day amid the darkest economic crisis. As the momentum for the
financial regulatory overhaul gathered in Washington, Wall Street was gearing up for the fight. Bank executives knew that their once profitable credit-default swap and other types of derivatives will be reined in by the government. Originally designed to minimize risk, it pushed the economy on the brink of collapse.
The nine largest institutions involved in the derivatives market – Bank of America, Citigroup, JPMorgan Chase, and Goldman Sachs – formed the CDS Dealers Consortium after they came into an agreement on November 13. The lobbying organization was created merely a month after five of its members got the government bailout fund.
The consortium even hired an influential Washington power broker to oversee their agenda. Edward J. Rosen, from the Cleary Gottlieb Steen & Hamilton Law Firm, previously helped stopped the regulation in the derivatives market more a decade ago. Now, the confrontation between legislators and Wall Street promises to be a repeat of what happened in the past.
But the fight today is no longer about whether regulation is required or not. It is easily apparent that the public will demand nothing less than stricter regulation in the financial industry. At the core of the argument will be how much regulation is really necessarily. From every front, this is a very difficult question to answer. Every party has their own agenda they want to push.
Those who want more regulation will state that early warning signals are necessary to prevent catastrophe in the financial market. For example, industry giant American International Group, had received over $170 billion in taxpayer money because of its gaping derivatives losses. Meanwhile, the banks are concerned that if the regulations become too tight, economic growth and innovation will be stifled.
In the end though, the argument will come down to two things: disclosure and transparency in the markets. Legislators want an open exchange – akin to the stock market. On the other hand, banking institutions unsurprisingly want some of its financial products to be privately traded in clearinghouses where less disclosure is required. Only time will tell which party will get its way.
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