Erika Eichelberger

Erika Eichelberger

Senior Editorial Fellow

Erika Eichelberger has written for The Nation, AlterNet, the Brooklyn Rail, EcoWatch and the Indypendent, and has interned at The Nation and Democracy Now!.

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Sneaky House Bill Would Gut Financial Reform

| Thu Mar. 21, 2013 10:46 AM PDT

This blog post has been updated.

A bipartisan group of four representatives introduced a sneaky little bill Wednesday that would dismantle a huge chunk of the historic financial reform laws enacted after the financial crisis.

The Swap Jurisdiction Certainty Act, introduced by Reps. Scott Garrett (R-N.J.), Mike Conaway (R-Tex.), John Carney (D-Del.), and David Scott (D-Ga.), three of whom sit on the House Financial Services Committee, would allow big banks to shift risky activities to foreign subsidiaries in order to avoid US regulations. Part of the landmark 2010 Dodd-Frank financial reform act requires that derivatives—financial products whose value is based on things like currency exchange rates and crop prices—be traded in public marketplaces, instead of in private. The new bill could exempt foreign companies from these US derivatives rules, which sounds reasonable; the law purportedly just affects other countries. But what it would mean is that huge US-based banks that operate internationally could just do their paperwork through their international arms to avoid US regulations, effectively gutting the section of Dodd-Frank that gave federal regulators the authority for the first time to regulate derivatives such as the credit default swaps that helped cause the 2007 bank failures.

The Commodities Futures Trading Commission and Securities and Exchange Commission were supposed to have finalized the Dodd-Frank derivatives laws into regulations a long time ago, but those governing international trading are still pending. The agencies are supposedly close to final rules now—SEC chair Elisse Walter said earlier this year that finalizing them was a top priority at the agency. But until they're finalized, the rules are still vulnerable to tweaking, or gutting, by crafty lawmakers. (The proposed Dodd-Frank rule on international swaps already says that countries with truly comparable regulations are exempt from US regs. This bill weakens that by presuming that international rules are comparable and making it hard for the SEC and CFTC to decide otherwise.)

Carney has defended his bill as consumer-friendly and bank-friendly all at once: "Congress and regulators must ensure that we're protecting American consumers, ending future bailouts and maintaining American competitiveness in an increasingly global economy," he said in a press release. Garrett was more straightforward about what the bill would do. "Our job creators—millions being crushed by overly burdensome Washington rules and regulations—deserve to be on a fair, level playing field with the international community," he said.

But last year, when Congress introduced a similar bill, financial reform advocates slammed it. Americans for Financial Reform, a group of national and state organizations that push for common sense financial reforms, wrote an open letter to representatives in May 2012:

The legislation "would create an overwhelming temptation to move swaps business overseas, indeed to the foreign jurisdictions where regulation was most lax compared to the US. In addition to seriously undermining the basic transparency and accountability requirements in the US, such a 'race to the bottom' would be a serious blow to the entire international effort to make derivatives markets safer.

Walter has said the derivative rules were the "critical linchpin" of Dodd-Frank because of the "global nature of the market."

Indeed, says Dennis Kelleher, president and CEO of the Wall Street watchdog group Better Markets. "The CFTC proposed very strong cross-border guidance," he told Mother Jones. "Even if the CFTC gets all of the other rules correct—if they don't get the cross-border rules right, then a lot of their other work doesn't matter."

Update: After this post was published, a spokesperson for Garrett's office, Maggie Seidel, got in touch with Mother Jones. She asserted that because the bill "fully and specifically authorizes the SEC and CFTC to regulate" derivatives, if banks are able to dodge strict US regulations in favor of more lax international regulations, the blame would fall on the agencies, not on the bill that Garrett and the other three House members drafted. Kelleher reiterates that the bill "raises hurdles" for the agencies by making it harder for them to label lax international regulations as lax.

Return to the story.

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Paul Ryan's Budget Won't Balance the Budget in Ten Years

| Wed Mar. 20, 2013 8:31 AM PDT

Rep. Paul Ryan's (D-Wisc.) "new" budget slashes government spending levels to their lowest since 1948, with $4.6 trillion in cuts to things like Medicare, Medicaid and other programs for the poor. It reduces tax rates for the rich and corporations without saying how it will pay for them. It repeals Obamacare. But wait, there's more. According to a new analysis by the Center on Budget and Policy Priorities, the budget also contains billions in phantom defense savings. That means Ryan's budget doesn't achieve the whole point of his budget: cutting the deficit to zero in ten years.

How does this work? Well, writes Richard Kogan, a senior fellow at CBPP, the defense savings in Ryan's budget are "flatly inconsistent" with the defense spending in his budget. Huh? According to calculations by the Congressional Budget Office, the spending levels that would be caused by Ryan's funding levels don't match up. CBO says Ryan's funding levels would cause $100 billion more in spending than he accounts for in his budget. The budget achieves some savings by not extending the Defense Department funding for Hurricane Sandy relief. But CBPP has searched through the 91 pages, and can't find any way to explain where the rest comes from.

The Ryan budget reverses defense sequestration, which is the 9 percent haircut the Pentagon had to take because Congress couldn't come up with a better plan. If he kept those cuts in place, he could make up $25 billion of the missing savings. But still, "his budget contains about $75 billion in spending reductions that do not come from funding reductions," Kogan writes, "which means they will not happen and are phantom savings."

When he rolled out his plan last week, Ryan called it a "responsible, reasonable balanced plan."

No, Kogan says. "The budget's heavy reliance on massive, unspecified savings, along with its understatement of defense spending, suggest that it wouldn’t work as advertised in achieving major deficit reduction, let alone in reaching budget balance," he writes.

Bad math aside, CBPP and lots of other economists say cutting the deficit to zero shouldn't be the goal in the first place:

To be sure, we do not consider a zero deficit to be a meaningful target. Instead, policymakers’ goals should be:  for the short term, to assist the recovery by not imposing too much austerity too soon, a test that the Ryan budget fails to meet; over the mid-term, to stabilize the debt as a percent of gross domestic product; and ultimately, to reduce the debt ratio.

"I Can't Keep This Going": How JPMorgan Chase Changed Its Own Risk Rules and Lost $6 Billion

| Fri Mar. 15, 2013 2:46 PM PDT
JPMorgan Chase CEO Jamie Dimon

Last May, JPMorgan Chase, the biggest bank in America, lost $6 billion on a risky bet placed by its London office. So far, the bank has been punished with a slap on the wrist, but this week the Senate released a major report and held a Friday hearing on the debacle. The report shows that in the run up to the massive loss, JPMorgan Chase ignored its own risk controls, used fancy math to reduce estimates of losses, and blocked the flow of information to regulators. Regulators, meanwhile, first fell asleep on the job and then tried to downplay the incident.

The bank and its regulators should have seen problems coming. The risks JPMorgan Chase was taking on were so obvious that Bruno Iskil, the trader who made the giant bet, told a colleague last year that the way the bank was cooking its books was "getting idiotic," and said, "I can't keep this going," according to the report. One way the bank "kept this going" was by ignoring its own rules. In the first four months of last year alone, the London office broke its risk regulations 330 times. In order to avoid those pesky rules, JPMorgan Chase simply changed how it measured risk, with approval for those changes going all the way up to CEO Jamie Dimon himself.

JPMorgan Chase managers also "pressured" its traders to lowball losses by some $660 million over several months by changing how they calculated them, the report says.

The bank did send its regulator, the Office of the Comptroller of the Currency, reports revealing it was breaking its risk rules by the hundreds, but the OCC officials at Friday's Senate hearing said that they were more focused on what they considered "riskier" parts of the bank.

Sen. Carl Levin (D-Mich.), chair of the Permanent Subcommittee on Investigations, which held the hearing, asked one OCC official if the bank's fancy new risk measurements should have been a "red flag." The OCC official said yes.

JPMorgan Chase didn't just ignore its own rules—it ignored the government's rules, too. For several weeks last year, the bank simply stopped giving profit and loss reports to the OCC because Dimon said "it was too much information to provide." Dimon, who is accused of withholding information about the daily losses, allegedly raised "his voice in anger" at a deputy who later turned over the info, the report says.

"This is something we should have been all over from Day One."

The bank "failed to send regular reports in…the same months [the trade] tripled size," Levin said. "Why…did OCC examiners that oversaw [the London office] not ask the bank for the missing reports until mid-April after the media storm?"

"This is something we should have been all over from Day One," admitted Scott Waterhouse, the main OCC official in charge of overseeing JPMorgan Chase.

And what about "If the OCC had required [the London office] to document its investment decisions[?]…Would it have learned of [the trade] earlier?" Levin asked. Yes, OCC officials said. "There were red flags we failed to notice and act upon," Tom Curry, the comptroller of the currency, admitted.

"The skepticism and demand for hard evidence that might be expected of bank regulators were absent," the Senate report concluded.

Maybe that's why regulators tried to play down the crisis after the fact. The day after JPMorgan Chase announced its loss, the head of the OCC's Large Bank Supervision division, Michael Brosnan, told Curry the trades were not that big a deal, calling it an "embarrassment issue," and adding that "at end of day, they are good at financial risk [management]. But they are human and will make mistakes."

Elizabeth Warren Slams Federal Regulators Over Bank Money Laundering

| Thu Mar. 7, 2013 1:56 PM PST

On Thursday, the Senate held a hearing to ask federal regulators why they are not stopping banks from allowing money laundering. Sen. Elizabeth Warren (D-Mass.) was the highlight of the show, slamming a Treasury official who refused to weigh in on whether the banks should face more severe penalties.

In December, the giant international bank HSBC was fined $1.9 billion for illegally allowing millions in Mexican drug trafficking money to be laundered through its accounts. But it's not just HSBC—this is a systemic problem. Ten banks have been penalized in recent years for failure to comply with anti-money laundering rules. The Senate banking committee held the hearing in order to interrogate regulators at the Federal Reserve, Treasury Department, and the Office of the Comptroller of the Currency about why they are not doing more to stop these kinds of shenanigans.

All of the regulators said they were working on improving regulations and enforcement and protested that it was up to the Department of Justice—not them—to decide whether prosecution was appropriate. (The Justice Department did not have a witness at the hearing.) They were reluctant to weigh in on whether they thought HSBC should have faced trial, even though they consult closely with the DOJ on bank activities. That infuriated Warren:

The US government takes money laundering very seriously for a good reason. And it puts strong penalties in place… It's possible to shut down a bank... Individuals can be banned from ever participating in financial services again.  And people can be sent to prison. in December, HSBC admitted to... laundering $881 million that we know of... They didn't do it just one time... They did it over and over and over again… They were caught doing it, warned not to do it, and kept right on doing it. And evidently made profits doing it. Now, HSBC paid a fine, but no individual went to trial. No individual was banned from banking and there was no hearing to consider shutting down HSBC's actives in the US.... You're the experts on money laundering. I'd like your opinion. What does it take? How many billions of dollars do you have to launder for drug lords and how many sanctions do you have to violate before someone will consider shutting down a financial institution like this?

David Cohen, the undersecretary for terrorism and financial intelligence at Treasury, responded that his department had imposed on HSBC "the largest penalties we've imposed on any financial institution."

Warren got annoyed. "I'm asking: what does it take to get you to move towards even a hearing to consider shutting down operations for money laundering?" she said.

Cohen kept evading and Warren got more annoyed. "I'm not hearing your opinion on this," she said. "What does it take even to say, 'here's where the line is'? Draw a line, and if you cross that line you're at risk for having the bank closed."

Cohen said he had views, but couldn't get into it.

"It's somewhere beyond $881 million in drug money," Warren concluded on her own, and went on to spell out the injustice of it all. "If you're caught with an ounce of cocaine, you're going to go to jail... But if you launder nearly a billion dollars for international cartels and violate sanctions you pay a fine and you go home and sleep in your own bed a night."

"How would you explain this to your neighbor?" Sen. Jeff Merkley (D-Ore.) asked, noting that the fine slapped on HSBC amounted to about one percent of its profits over 10 years. "Does that really send a message?"

The regulators reiterated they were working on improving oversight and such, but admitted that they were not doing enough. Jerome Powell, who is on the board of governors at the Federal Reserve, conceded that big banks may not only be too big to to fail, but also too big to prosecute. "Until we finish [writing the rules implementing Dodd-Frank financial reform law] I couldn't look [my neighbor] in the eye… I don't think it's fair."

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