Financial Services Reform - How'd We Do?
Now that a Financial Reform Bill has been passed by Congress and signed into law, it's worth taking a step back to see how well the bill achieves what some (such as myself) saw as the essential tasks of financial reform, to prevent a similar meltdown from blindsiding us in the future.
In November 2009, I was getting upset at the organized, well-funded campaign of "disinformation" and obstruction taking place in the nation's capital to put the kibosh on any truly effective consumer protection in the banking and financial services industry, (where I began my career). I sent a letter to Christopher Dodd, Chairman of the Senate Banking Committee, whose consumer protection efforts I've been involved with in the past. In the letter, I outlined 7 principles that I believed had to be included for financial reform to achieve its objectives.
How well does the Dodd-Frank Wall Street Reform and Consumer Protection Act make the grade? Below, I've assigned a letter grade for each of the 7 principles, with pertinent comments:
1. First, there needs to be a clearly-stated mandate and set of principles for the Bill that assures that those in government who are to serve as watchdogs in enforcing the provisions of the laws, understand their duty on a basis that resists the influence of politics. The job of the watchdog in government is to give pushback, to level the playing field, to publicize wrongdoing, and to deter others in the industry from following down the same wrong path.
Comment: While specific rules in some cases are still to be drawn up, there is clearly a new sheriff in town and the previous "anything goes" atmosphere has been brought to a screeching halt.
2. Second, there needs to be a system of checks and balances put in place to assure that accurate information is being produced and reported, and that the law is being carried out.
Comment: The requirement for exchange trading of derivatives, and creation of an oversight process for systemic soundness are needed steps in the right direction. Having consumer protection under the Treasury Department remains a concern.
3. Transparency must be created via a process of auditing and public reporting.
Comment: Congress will be auditing the Fed for greater transparency. Jury is out on this, we'll have to wait and see.
4. Capital adequacy must be enforced relative to the types of risks being incurred and the type of stakeholders being exposed to these risks.
Comment: With no limitations on leverage, and considerable latitude for the regulators, much will depend on the competence and diligence of those in charge, who are being paid by the taxpayers, but not always controlled by their interests.
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