Regulatory reform

The pieces of a more equitable fate for troubled financial giants are beginning to come into view as evidenced by this week´s private-sector rescue of CIT. The lender´s salvation may serve as a prop for future government bailout strategies. But its ordeal is also further proof that the government needs more power to seize and resolve large companies.

Federal Reserve Chairman Ben Bernanke will be making the rounds in Congress this week to discuss the state of the economy while the other banking regulators prepare to voice their views on regulatory restructuring. The Office of the Comptroller of the Currency´s underwriting survey is due out early in the week, and the Treasury department is expecting by Thursday letters from the largest 25 banks detailing their progress on loan modifications.

There will be plenty of bustle on the Hill this week as the early August date for Congress´ summer recess advances. Legislators are holding on, for the most part, to ambitious regulatory restructuring plans, and hearings on financial regulatory issues will abound. Treasury Secretary Timothy Geithner, meanwhile will be overseas-thus safe, for a week, from Congressional scrutiny.

Over the past week or two a new regulatory proposal laid out in the op-ed pages of The Guardian has gathered steam, and we thought it was time to share it with BankThink´s readers. The idea is to make bank mismanagement a criminal offense, something similar to negligent homicide. If a bank founders, its upper management can be investigated for recklessness.

This week, Congress is back in session and the financial regulatory committees will be hard at work on a system overhaul. Thrown into the mix is a new set of rules governing private equity investments in failed banks, put out to comment by the Federal Deposit Insurance Corp.

Remember the good ol´ days of lemonade and big front porches? And grandpa with his candies? And-wait; let´s try that again. Remember when the drive-thru bank tellers at your local branch recognized you and sent lollipops for your kids through the pneumatic tube?

House Financial Services Committee Chairman Barney Frank is determined not to waste Congress´ last week in session before the July 4 break: He plans to charge ahead with regulatory restructuring hearings. The Senate Banking Committee will also hold a hearing on part of the regulatory restructuring effort. Elsewhere in Washington, the Federal Open Market Committee will meet-though the outcome of that gathering isn´t really a nail-biter. Afterwards, Fed Chairman Ben Bernanke will be called to justify Bank of America´s acquisition of Merrill Lynch to Congress.

"Too many cooks," declared the Economist; "basically punts on the question of how to keep it from happening all over again," Paul Krugman wrote in today´s New York Times; "an exercise in political triangulation," says the Washington Post´s Steven Pearlstein.

This morning Treasury Secretary Timothy Geithner will answer questions from the Senate Banking Committee on the Obama Administration´s new regulatory restructuring plan and BankThink will be keeping you up today with a live blog of the hearing. Watch for some tough grilling on the proposal to give the Federal Reserve the power to monitor and regulate systemic risk. The committee members have been particularly resistant to the idea of giving the Fed more power, and several of them voiced fresh concerns yesterday after President Obama announced the plan. Geithner will have to defend the plan twice today; this morning's Senate hearing will be followed by one in the House Financial Services Committee.

Check out Eliot Spitzer´s latest column for Slate.com, published today. In it he briefly outlines a problem with the Federal Reserve Bank of New York: its lack of independence from Wall Street and the absence of representatives of "the public" on its board. The column mostly focuses on the board´s structural problems, but at the end Spitzer rattles off a list of alternative potential board members whose participation could improve the New York Fed´s impartiality.

After months of fighting, the Commodity Futures Trading Commission and the Securities Exchange Commission appear to have won a significant victory in their battle for more authority over credit derivatives. The new plan proposed by Treasury Secretary Timothy Geithner to regulate derivatives, including the infamous credit-default swaps, gives oversight power to the CFTC and the SEC and largely ignores the Federal Reserve Board, which had been angling for a slice of power.

The Senate Banking Committee is holding a hearing on how to regulate institutions that are too big to fail. The first panel, on which Federal Deposit Insurance Corp. Chariman Sheila Bair and Federal Reserve Bank of Minneapolis President Gary Stern testified, addressed the timing and composition of a systemic resolution authority. Now the second group of witnesses has assembled at the table.