{"id":1123,"date":"2007-08-29T18:28:50","date_gmt":"2007-08-29T22:28:50","guid":{"rendered":"http:\/\/www.prefblog.com\/?p=1123"},"modified":"2007-08-29T18:28:50","modified_gmt":"2007-08-29T22:28:50","slug":"to-arms-the-regulators-are-coming","status":"publish","type":"post","link":"https:\/\/prefblog.com\/?p=1123","title":{"rendered":"To Arms! The Regulators are Coming!"},"content":{"rendered":"<p>I can see that there is going to be a lot of debate over the next year (until the day after the US Presidential elections, anyway)\u00a0about regulation, so I&#8217;ve started\u00a0a new category in this blog for it.<\/p>\n<p>Anyway &#8230; the forces of regulation are gathering and the issues need to be understood.<\/p>\n<p><a href=\"http:\/\/www.econbrowser.com\/archives\/2007\/08\/one_perspective.html\">Menzie Chinn at Econbrowser<\/a> abandons her usual highly technical approach to state:<\/p>\n<blockquote><p>While I haven&#8217;t drawn a particular conclusion regarding the right direction to move, one insight prompted by current commentary is that &#8212; if the Fed were to opt for looser monetary policy &#8212; greater regulation of the financial sector would make a lot of sense.<\/p><\/blockquote>\n<p>I don&#8217;t know. To me, that if-then logic\u00a0looks like a complete non-sequiter, but I can&#8217;t really comment too much until there is something to comment about. Let&#8217;s hear some proposals &#8211; I&#8217;ll consider them!<\/p>\n<p><a href=\"http:\/\/darkwing.uoregon.edu\/~mthoma\/\">Mark Thoma<\/a> has written a piece titled <a href=\"http:\/\/economistsview.typepad.com\/economistsview\/2007\/08\/fed-interventio.html\">Fed Intervention and Moral Hazard<\/a> which, really, simply explains the concept of moral hazard in home-spun tones, but declares himself &#8220;in substantive agreement&#8221; with what must be deemed a\u00a0polemic by Robert Reich, <a href=\"http:\/\/www.prospect.org\/cs\/articles?article=stop_the_hedge_fund_casinos\">Stop the Hedge Fund Casinos<\/a>:<\/p>\n<blockquote><p>Yet there&#8217;s precedent: in September 1998, despite growing evidence of inflation, the Fed lowered interest rates in order to forestall a global credit crisis after Russia defaulted on its loans (many had been underwritten, foolishly, by several large Wall Street investment banks).<\/p><\/blockquote>\n<p>No substantiation is offered for the word &#8220;foolishly&#8221;. Additionally, there is no acknowledgement of any role played by investors, as opposed to underwriters,\u00a0in the process.<\/p>\n<blockquote><p>Oddly, private credit-rating agencies judged these &#8220;sub-prime&#8221; loans to be relatively good risks.<\/p><\/blockquote>\n<p>Mr. Reich does not substantiate his use of the word &#8220;Oddly&#8221;. Additionally, there is no indication of an awareness of a risk\/return trade-off.<\/p>\n<blockquote><p>Meanwhile, hedge funds created what can only be described as giant betting pools &#8212; huge amalgamations of money from pension funds, university endowments, rich individuals, and corporations &#8212; whose assumptions about risk were derived from the assumed low risks of the home loans (hence the term &#8220;derivatives&#8221;).<\/p><\/blockquote>\n<p>This is a novel derivation of the word &#8220;derivatives&#8221;! One can, I suppose, characterize hedge funds as giant betting pools &#8211; but only to the extent that any investment that has ever been made in the history of the earth has been a bet.<\/p>\n<blockquote><p>Investors in these hedge funds had little or no understanding of what they were buying, because hedge funds don&#8217;t have to disclose much of anything.<\/p><\/blockquote>\n<p>No substantiation is offered for this rather surprising smear. In the first place, the fact that hedge funds don&#8217;t have to disclose much of anything to <em>regulators<\/em> doesn&#8217;t mean they don&#8217;t disclose anything to <em>investors<\/em>. It is up to investors to demand whatever they want to demand from those who want discretionary authority over their money &#8211; Mr. Reich does not make any sort of case that further disclosure to regulators is necessary.<\/p>\n<p>An investor can do whatever he wants with his own money. If, however, someone is acting as a fiduciary (as will be the case with pension funds and\u00a0university endowments) there is a standard of care required. There may well be cases in which the Prudent Man Rule has been violated &#8211; well, nail &#8217;em to the wall, I say, and I&#8217;ll ask Mr. Reich to pass me the hammer; that is not only a separate issue, but <em>it&#8217;s already regulated<\/em>.<\/p>\n<blockquote><p>That doesn&#8217;t mean, though, that the irresponsibilities now so clearly revealed in American financial markets should be excused or forgotten.<\/p><\/blockquote>\n<p>Mr. Reich forgets that he has not, in fact,\u00a0discussed even a single instance of irresponsibility.<\/p>\n<blockquote><p>Credit-rating agencies have cut corners or averted their eyes, unwilling to require the proof they need.<\/p><\/blockquote>\n<p>This is the first\u00a0mention of credit-rating\u00a0agencies in the entire essay. No\u00a0supporting evidence or\u00a0argument is brought forward to support this charge.<\/p>\n<blockquote><p>They&#8217;ve [the credit rating agencies]\u00a0been too eager to make money off underwriting the new loans and other financial gimmicks on which they&#8217;re supposed to be objective judges.<\/p><\/blockquote>\n<p>I am not aware that any credit rating agency anywhere has acted as underwriter. I&#8217;m not even aware of any credit rating agency having a license to underwrite. Let&#8217;s have a few more details, Mr. Reich!<\/p>\n<blockquote><p>Banks and other mortgage lenders have been allowed to strong-arm people into taking on financial obligations they have no business taking on.<\/p><\/blockquote>\n<p>Strong arm?\u00a0Let&#8217;s have some evidence, or some argument at the very least. I suspect that any wrong-doing of this nature <i>is already regulated<\/i>.<\/p>\n<blockquote><p>For the financial market to work well &#8212; to ensure fair dealing and to prevent speculative excess &#8212; government must oversee it.<\/p><\/blockquote>\n<p>There\u00a0are no arguments, no details and\u00a0no evidence in this essay to make this assertion even\u00a0worthy of consideration.<\/p>\n<blockquote><p>This mess occurred because nobody was watching.<\/p><\/blockquote>\n<p>Nonsense. There ain&#8217;t nuthin&#8217;, anywhere on earth, watched as carefully as the financial markets. Investors, traders and Mr. Reich&#8217;s beloved regulators watch it very carefully indeed.<\/p>\n<blockquote><p>Credit-rating agencies must not have any relationship with underwriters.<\/p><\/blockquote>\n<p>What?\u00a0They shouldn&#8217;t even accept details of the issue\u00a0so they can assign a provisional rating\u00a0prior to its sale to investors?\u00a0Mr. Reich betrays complete ignorance of the credit rating process with this slogan.<\/p>\n<blockquote><p>Finance is too important to be left to the speculators.<\/p><\/blockquote>\n<p>I&#8217;m &#8230; speechless.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I can see that there is going to be a lot of debate over the next year (until the day after the US Presidential elections, anyway)\u00a0about regulation, so I&#8217;ve started\u00a0a new category in this blog &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-1123","post","type-post","status-publish","format-standard","hentry","category-regulation"],"_links":{"self":[{"href":"https:\/\/prefblog.com\/index.php?rest_route=\/wp\/v2\/posts\/1123","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/prefblog.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/prefblog.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/prefblog.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/prefblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1123"}],"version-history":[{"count":0,"href":"https:\/\/prefblog.com\/index.php?rest_route=\/wp\/v2\/posts\/1123\/revisions"}],"wp:attachment":[{"href":"https:\/\/prefblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/prefblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/prefblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}