Regulation and the Depository Trust Clearing Corporation

by danps
Sat May 23rd, 2009 at 05:12:07 AM EST

This week a rumor circulated that the president was looking to beef up the Federal Reserve at the expense of the Securities and Exchange Commission.  If true it will not be a reform so much as another pull in the tug of war between the branches.  Unfortunately, it will also help to obscure a more fundamental problem.

For more on pruning back executive power see Pruning Shears.


No Associated Press content was harmed in the writing of this post

On Wednesday lambert pointed me to a Bloomberg article by Robert Schmidt and Jesse Westbrook claiming the Obama administration will call for moving some of the powers of the Securities and Exchange Commission (SEC) to the Federal Reserve.  While the SEC has come under fire for its reluctance to aggressively monitor Wall Street, the solution (as lambert points out) is to give the agency the resources, incentive and mission to do so, not to transfer authority elsewhere.  Schmidt and Westbrook note that it "still has powerful supporters, including a number of Democrats on the Senate Banking Committee who aren’t likely to support having an agency they oversee cut back," so maybe this is just a trial balloon.  Either way it doesn't deserve to make it past the rumor phase.

Whenever the news turns to the world of financial services, though, it seems like the path grows dark very quickly.  (If so, that probably is by design.)  I read stories like this and think, Congress oversees the SEC which is as it should be - and the SEC should be regulating...what?  One of the most interesting reports I have read this year is The Story of Deep Capture by Mark Mitchell (pdf).  First published last year, it is a 69 page report alleging corruption and collusion among hedge funds, regulators and financial reporters.  It is tempting to dismiss it as tin foil hat conspiracy paranoia, but Mitchell is a former editor of the Columbia School of Journalism.  Maybe he went off the rails after working there or maybe he was a bad hire in the first place, but that is something that should be backed up with evidence.  All I have seen so far are ad hominem attacks from targets of his investigation.

The problem with establishing anything with confidence is wrapped up in one of Mitchell's main contentions: That the world of financial journalism is relatively small; limited - at the time of his reporting, anyway - to one network (CNBC), a couple of newspapers (New York Times, Wall Street Journal) and a handful of magazines (Forbes, Barron's, Fortune).  If the economic news cycle is almost entirely determined by such a tiny group then it is possible to court and capture the prime movers.  Even more importantly, the scope of respectable topics and people can be so strictly defined and narrowed that those marked for ostracism can be almost entirely silenced.

This puts the ordinary reader who encounters Deep Capture in a bit of a bind.  Anyone coming to it from the world of politics will probably not need to be persuaded that an insular and self-reinforcing elite can decide what is and is not within the bounds of acceptable discourse.  It is entirely possible to see a subject like the naked short selling of phantom stock marked as verboten and simply ignored by the most influential outlets.  Anyone looking for independent confirmation of Mitchell's allegations will necessarily be pushed to the fringes of financial journalism, and going there with no prior experience makes it impossible to weigh the credibility of what one finds.  You have to go based almost entirely on your intuition and what seems reasonable.

Which is a real shame, because there are some fascinating elements to the story.  Sometimes the web he weaves seems a little too sprawling, but other parts ring true.  The idea of having a company like Gradient Analytics appear on the scene and almost instantly be hailed as an unimpeachable source of sound research looks a little fishy.  So too is the role of an institution I had not heard of before (emphasis in original):

It is also important to recognize the role of The Depository Trust and Clearing Corporation (DTCC), an organization headquartered in New York City. DTCC is where stock trades are processed - more than $1.5 quadrillion worth of them every year. That’s 30 times larger than the entire gross product of the entire planet.

Which brings us back to the SEC.  It ostensibly regulates the DTCC, but according to Mitchell that amounts to little more than walking in a couple times per year, kicking the tires and asking, "so how's everything going?"  When I read about moving SEC oversight to the Fed I immediately thought, would they do a better job?  Would we know more about how the DTCC operates, and what role it might have played in the meltdown of the financial services industry?  What would it take to get some light shining in there?  With all due respect to the president, spending time and energy trying to yank pieces of authority out of Congress' orbit and closer to his helps prevent discussions like that from even starting.

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by danps (dan at pruningshears (dot) us) on Sat May 23rd, 2009 at 05:12:27 AM EST
Schmidt and Jesse Westbrook, Bloomberg: The proposal, still being drafted, is likely to give the Federal Reserve more authority to supervise financial firms deemed too big to fail. The Fed may inherit some SEC functions, with others going to other agencies, the people said. On the table: giving oversight of mutual funds to a bank regulator or a new agency to police consumer-finance products, two people said.

Not news. Not magic. Not coincidence. The consensus on the Hill is to "privatize" public regulatory functions. That is to assure through legislation industry "self-regulation."

The US Department of the Treasury recommended redundancy of SEC authority (and those of other federal regulators) in the document "Blueprint for a Modernized Financial Regulatory Structure."  Treasury published it March, 2008. Chapter IV, "Short-term Recommendations," states,

Treasury recommends that the Federal Reserve enter into a collaborative agreement with the CFTC and the SEC that would allow the Federal Reserve to access examination information and to accompany the SEC and the CFTC on financial examinations. While the Federal Reserve and the SEC have been working closely throughout the recent credit market events, a more formalized arrangement would contribute to the Federal Reserve's overall understanding of financial market conditions. Such an agreement would also provide useful information for the Federal Reserve's operation of the discount window[s] should the need to invoke broader lending authority arise in the future. [

The FRB normally "regulates" in consultation with Treasury departments its member reserve banks, all federal-charter banks, bank holding companies, and so-called financial holding companies (designating brokerages, lending, and insurance firms having ownership interest in subsidiary banks).

Chapter V, "Intermediate-term Recommendations," states

Treasury recommends phasing out the federal thrift charter over a two-year period and transitioning the federal thrift charter to the national bank charter [bank holding companies' OCC, FRB regulators]. Treasury also recommends the merger of the Office of the Comptroller of the Currency [OCC] and the Office of Thrift Supervision [OTS] during this period. ...

This phase out is now public law, in large part passed in Housing and Economic Recovery Act (July, 2008), then the Bailout bill (EESA, Oct 2008) and the American Reinvestment and Recovery Act (Feb, 2009).

Treasury recommends the creation of a federal charter ["license"] for systemically important payment and settlement ["clearing"] systems. The Federal Reserve should have primary oversight responsibilities for such systems [operated by licensees]. ...

Treasury recognizes the convergence of the futures and securities markets and the greater need for unified oversight and regulation of the futures and securities industries. Treasury recommends the following changes to modernize the Securities and Exchange Commissions's [SEC's] oversight of the securities market: the adoption of "core principles" for exchanges and clearing agencies, an expeditied rule approval process for self-regulatory organizations, a general exemption under the Investment Company Act for certain [financial] products already actively trading in the United States or in foreign jurisdictions, and new congressional legislation to expand the Investment Company Act to permit a new "global" investment company [federal-issue charter or license]. Treasury recommends a merger of the Commodity Futures Trading Commission [CFTC] and the Securities and Exchange Commission. Treasury also recommends statutory changes to harmonize the regulation and oversight of broker-dealers and investment advisers offering similar services to retail investors. To that end, Treasury recommends that investment advisers be subject to a self-regulatory regime similar to that of broker-dealers. [pp 85-106]

I told y'all to read this shite.


Diversity is the key to economic and political evolution.

by Cat on Sat May 23rd, 2009 at 12:03:00 PM EST
too funny ...

Former Treasury Secretary Henry Paulson, Geithner's predecessor, urged Congress in a March 2008 "blueprint" for overhauling financial rules to give the Fed broader powers to oversee risk in the system.

Business press dismissed it "dead on arrival." Remember that? No? GS-Obama gets the last laugh, yo.

Obama has said he wants to sign legislation on regulatory changes by year-end. House Financial Services Committee Chairman Barney Frank, a Massachusetts Democrat, is planning hearings with the aim of drafting a bill by the end of June.

Deal is done.

Diversity is the key to economic and political evolution.

by Cat on Sat May 23rd, 2009 at 12:21:15 PM EST
[ Parent ]
DTCC is a publicly-traded corporation. It is not a statutory agent of any federal bureau, department or branch.

Diversity is the key to economic and political evolution.
by Cat on Sat May 23rd, 2009 at 12:37:17 PM EST


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