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Academic

: Conglomerate

Spitzer Writes Well, But Not Accurately

By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring

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As we wait to see what the G20 will suggest re: regulatory reform (my bet is a college of supervisors; an unlikely alternative is a treaty - and a nonstarter is the UN - creating comprehensive global regulation), let's take a gander at Eliot Spitzer's views on regulatory reform.  Spitzer has done more for the federalization of financial regulation than anything except for the current unpleasantness, given his track record of holdups of Wall Street institutions from Albany.  I'm assuming he enjoyed exercising that authority, because, indeed, the takeout is: let's not throw out the baby with the bathwater, we already had all the regulatory authority we needed.

The bad actors who got us where we are?ratings agencies, commercial banks, and investment banks that participated in the origination and securitization of the bad debt?have been squarely in Washington's regulatory sweet spot. The regulators had all the power they needed to peer deep inside the AIG counterparties to see if there was risk that should have been avoided. And, truth be told, they had that power with AIG as well. Today there is a hue and cry about hedge funds, but it is not hedge funds or private equity funds that are seeking bailouts and taxpayer subsidies.

I also think regulatory reform would dispense with the old system - at least entirely - at its peril. 

So it is odd to agree, to some degree, on a bottom line and think that the reasoning is totally, 100% dishonest.  It is absolutely untrue, of course, that I-banks were subject to all the regulatory authority that Washington needed (they were supervised for capital adequacy only to the degree they wished).  I don't know what Spitzer is thinking with regard to being able to peer inside AIG's counterparties, but the CDSes AIG wrote for them were explicitly left unregulated, and many of those counterparties were unregulated hedge or PE funds.  And acting like we haven't been bailing out those alternative asset classes by bailing out Citibank and AIG is willfully obtuse.  The equity holders have gone to circa zero.  The management has been fired or is working for a dollar.  And the workers are being fired en masse.  These stakeholders haven't been bailed out at all.  The whole point is that we've bailed out the creditors and counterparties, and many of them are unregulated.

Spitzer knows how to begin a screed, I'll give him that.  Indeed, you might argue that he is making Slate interesting again.

Does it strike you as odd that the American government has invested $115 billion in TARP money alone in Citibank, JPMorgan Chase, and Bank of America, fully 70 percent of their market cap ($164.5 billion, as of March 30), yet we have virtually no say in the management or behavior of these banks? Does it seem even odder that these banks are getting along extremely well with the government regulators who should be picking them apart for having destroyed the economy and financial system?

It doesn't strike me, however, that he is answering these questions accurately.

Full post as published by Conglomerate on April 01, 2009 (boomark / email).

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