Tag Archives: Regulation

Is there Justice for Goldman Sachs?

Do you remember that 11-hour Senate hearing where there were more scatological references than you could find in a Beavis and Butthead movie? “How much of that sh**ty deal did you sell?” asked Senator Carl Levin, the Michigan Democrat who was running a hearing of the Senate Permanent Subcommittee on investigations. “Should Goldman Sachs be trying to sell the sh**ty deal?

Levin was grilling a Goldman executive about the over-the-top emails Levin’s committee had collected that made very clear that insiders at Goldman — and other firms — were privately trashing the same securities they were selling to their customers. One gem the investigators had come across: A Goldman executive emailing a colleague “Boy that Timberwolf was one sh**ty deal.”

When all was said and done, Levin asked the Justice Department to look into whether Goldman had broken the law by misleading clients. Last Thursday, Justice said it wouldn’t be bringing a case.

In my column for CNN.com today, I raise the question that’s on a lot of people’s minds: Do big banks like Goldman get special treatment? Read article

Ban Robo-Trading? That’s so 1980s

You’re seen a lot of headlines about robo-trading in the financial markets, but don’t fool yourself that it’s some new problem for regulators.

The debate’s been going on for 25 years as to what we can do to rein in computer trading. We’re still bringing up the same questions, and we’re still living in a time where Wall Street is way ahead of its regulators on the high-speed trading issue.

I talk about it in my column this morning for TheStreet.com. Read article

No Big Boy Pants for Banks That Whine Over Rules

Are you tired of it yet? “We are all for financial reform,” the Wall Street story goes. “But we can’t have regulations that make us anti-competitive.”

Another financial crisis like the last one and you have to wonder who we’d be worrying about competing against. Whatever. The financial industry is very busy trying to make the case that before we can make new rules, we have to prove that the benefits outweigh the costs. I write about it in my latest column for Bloomberg View:

To get an idea of who has the upper hand in this fight, consider what it entails to be the chump who has to explain the “benefits” side of financial regulation. Costs can be easy to figure out. But how do you put a dollar figure on credit markets that don’t collapse? Or the elderly who don’t lose their life savings because regulators have cracked down on rip-off artists who troll retirement villages?

The object of the exercise is to swamp regulators with work and make rule-making impossible. The strategy is working. Read article.

 

$200 Million of Customers’ $ Went Missing, But Iowa Sure Loved PFGBest

You can count on “the absolute dedication” of our company to protect your money. That’s what a futures trading firm in Iowa, PFG Best, said to customers just after MF Global filed for bankruptcy last Fall. Fast forward to July 11. PFG itself was filing for bankruptcy after $200 million of its customers’ money had disappeared.

PFG Best is the latest example of a lot of things that              are wrong with the financial industry and the people who purport to police it.

Its CEO, who said in a suicide note earlier this month (the suicide attempt failed) that he’d been stealing from customers for 20 years, sat on an advisory committee of one of his company’s regulators. In fact, the board of directors of the National Futures Association voted three times to put Russell Wasendorf, Sr. on the committee it consulted with about possible new regulations.

And then there are all the awards that Wasendorf got for his charity and civic-mindedness. Do keep that in mind next time you’re wowed by some business big-shot whose generosity is fueling a few too many press releases. I wrote about the PFG debacle in a column for Dealbreaker.com today. Read article.

Scandal? What scandal?

Lloyd Blankfein, CEO of Goldman Sachs Group Inc., wrote an op-ed today for Politico.com. He talks about the challenges facing America and offers some solutions that might make America a more attractive place to invest.

He managed to carry on for 975 words without addressing the impact of his industry’s reckless behavior on investor confidence. Read article

Could It Get Any Worse? Don’t Answer That. Bankers, Regulators, High School Students Have Really Bad Week.

What a week. Not that we haven’t gotten accustomed to news of scandal upon scandal among our business leaders and the frequently useless regulators who are supposed to be keeping business in line. This week, though, was a doozey.

Though it was mostly a week of in-your-face reminders of ethical lapses and outright wrongdoing by movers and shakers, it began with news from New York City officials that 70 students at an elite high school had been involved in a cheating scandal.

In my column yesterday for The Huffington Post, I said it was little surprise that kids would be cheaters when cheating is all they see around them.

News of the student cheating scandal was quickly followed by word of serious problems among their grown-up role models in business and government.

— Wells Fargo – while denying it had done anything wrong — paid $175 million to settle accusations that it had charged blacks and Latinos higher interest rates and fees on mortgages.

— After attempting suicide, the founder of the collapsed brokerage firm Peregrine Financial Group said that, over a period of nearly 20 years, he’d defrauded clients out of more than $100 million.

–JP Morgan Chase & Co.’s CEO Jamie Dimon told investors that what had begun as nothing more than a “tempest in a teapot,” and then progressed to a $2 billion loss, was now in fact a $5.8 billion loss from derivatives trading gone sour. On top of that, it looks like traders at JP Morgan had been trying to hide their misguided trades.

— Trust me, this list is far from all-inclusive, but another highlight – or lowlight – of the week is the jaw-dropping trove of documents that The Federal Reserve Bank of New York released on Friday showing some of what they knew about the rigging of Libor – a key benchmark interest rate – back in 2007.

I recommend you take a few minutes to go through the amazing cache of Fed documents on your own, but if you ever wondered how much regulators might have to learn to catch up with the regulated, consider this telephone exchange between a Barclays Bank guy and an employee at the New York Fed: After explaining to the Fed employee which buttons to push on her Bloomberg terminal, the Fed woman, whose name is Peggy,  winds up looking at the same screen of Libor rates that the Barclays guy is looking at. This, it appears, is not something she’d previously known how to do. “Oooh wow!!” she says. “Okay. Oh this is great.”

How did we get to this point? Here’s some weekend reading.

— We’ve let business leaders shirk responsibility by giving them a way to stay out of the harsh glare of court. Here’s a look at how arbitration has – for 20 years – let business off the hook.

— We have regulations we don’t enforce.

— We put the wrong people on pedestals – and when I say “we,” I mean it. People in my business ought to knock it off with all the stupid “best CEO” and “most-admired companies lists.”

— We are too easily sucked in to the dumb idea that we need to lower our standards to compete with other countries.

— We pick the wrong regulators.

— And we sit back and do nothing even after we see evidence that our regulators are falling down on the job.

It wasn’t all bad this week. At least the Yankees won last night.

Kids Cheat Just Like Their Role Models in Business Do

Your kids are cheating at school? Well, what did you expect?

New York City officials said this week that 70 students at one of its most prestigious high schools had been involved in a cheating scheme. In the ensuing press coverage, much was made of the stressful demands on Stuyvesant teenagers to meet expectations in a school that sends graduates to places like MIT and Brown.

“Most of the students come from families where the goal is ‘Ivy League school or bust’; you either go to an Ivy League school or you haven’t lived up to your potential,” one Stuyvesant grad told the New York Times.

My column in The Huffington Post today takes a look at kids, cheating, and the bad role models in business that kids can’t help but notice. Read article

Occupy Vigilantes Write New Volcker Rule Script

This is not the way the Occupy bashers’ “welfare-bum hippies” propaganda script was supposed to play out.

It isn’t every day that a reporter gets to sit in on a high-stakes policy meeting in New York’s financial district, but that’s exactly what I did on a balmy evening in late February at 60 Wall Street, the U.S. headquarters of Deutsche Bank AG.

No, the bank didn’t lose its institutional marbles and give me clearance to scribble notes while its cognoscenti mapped out corporate strategy. The confab I dropped in on was taking place under potted palm trees in the bank’s ground-floor public atrium, and the participants were 13 members of Occupy the SEC, a spinoff group of the Occupy Wall Street movement. I can’t help but conclude that their plans for petitions, marches, op-eds and sit-down meetings with banking regulators will be inflicting Wall Street with a long, nasty attack of agita. Read article