CQ TODAY ONLINE NEWS
– REGULATORY POLICY
Updated Dec. 18, 2008 – 12:37 p.m.
Obama Names Top Financial Regulators
By Phil Mattingly, CQ Staff
President-elect Barack Obama on Thursday chose veteran regulator Mary Schapiro to lead the Securities and Exchange Commission as he promised a broad overhaul of financial oversight.
“We are going to have to greatly strengthen our regulatory apparatus and update it from what worked for a 20th century financial system so that it works in a 21st century financial system,” Obama said.
Schapiro, the chief executive of Financial Industry Regulatory Authority, the largest non-governmental regulator for U.S. securities firms, is now slated to take over an agency that has been faced with the glare of an unfriendly spotlight over the past week following the arrest of an investment manager that defrauded clients of an estimated $50 billion.
“The alleged scandal at Madoff Investment Securities has reminded us yet again of how badly reform is needed when it comes to the rules and regulations that govern our markets,” Obama said at a news conference in Chicago.
Bernard L. Madoff, the 70-year-old hedge fund manager who served as an SEC advisor, was arrested Dec. 11 for allegedly running one of the most extensive — and expensive — Ponzi schemes in American history.
The SEC has come under fire for ignoring numerous warnings about Madoff’s dealings. Current SEC Chairman Christopher Cox directed a full internal review on the agency and said Tuesday that he was “gravely concerned by the apparent multiple failures over at least a decade to thoroughly investigate these allegations or at any point to seek formal authority to pursue them.”
Obama also introduced Gary Gensler, a former U.S. Treasury undersecretary, as his choice to lead the Commodities Futures Trading Commission, an agency responsible for nearly $5 trillion in trades.
Schapiro, 53, was an SEC commissioner from 1988-93 and led the CFTC during the Clinton administration. That experience could prove paramount as calls to combine the two agencies — the CFTC regulates the controversial credit default swap market – have grown more regular in recent months.
Even before the current crisis mushroomed, Treasury Secretary Henry M. Paulson Jr. had suggested the SEC and CFTC be merged. While that plan initially found little momentum, the increasingly strenuous calls for regulatory reform in Congress may put some weight behind the idea.
Obama said he is in the midst of crafting a “detailed” regulatory restructuring plan, and that it will serve as one of his foremost priorities in the early months of his administration.
“The need to potentially consolidate some of the regulatory agencies that are out there, to streamline them, to make clear who has got what mission so that things aren’t falling through the cracks, those are all going to be part of the review we will be doing over the next several weeks,” he said.
Change in Outlook
If confirmed by the Senate, Schapiro would replace Cox, the former California Republican representative who has been blasted by critics for what they call the agency’s “do-nothing” philosophy on regulating financial instruments blamed for leading the nation into the current crisis.
“As the markets needed more transparency, the SEC allowed opacity to reign,” said Arthur Levitt Jr., a former agency chairman, during a Senate Banking Committee hearing in October. “As an overheated market needed a strong referee to rein in dangerously risky behavior, the commission too often remained on the sidelines.”
In a late September report, the agency’s inspector general said the SEC missed “numerous potential red flags” in the lead up to the near failure of Bear Stearns. JPMorgan Chase, with an assist from the Federal Reserve and the Treasury Department — eventually purchased the company in a shotgun sale at a steep discount.
Cox even became a target of his own party during the presidential campaign, as Republican candidate John McCain called for his ouster.
“Obviously there is much work to be done and I’m committed to leading an agency whose primary mission is always to protect investors,” Schapiro said. “The current financial crisis requires and aggressive, systemic response. Modernizing America’s financial regulatory system demands federal agencies work collaboratively, aggressively and creatively to meet head on the realities of today’s complex marketplace.”
Schapiro’s nomination drew plaudits from wide array of groups.
“Schapiro has the skills and experience to fix the regulatory plumbing at an agency that has sprung too many leaks in recent years,” said David Chavern, the executive vice president and chief operating officer of the U.S. Chamber of Commerce.
Tim Ryan , the president and chief executive of the Securities Industry and Financial Markets Association, said he was “pleased with the announcement” and that “given her background, she is prepared to step into her role with immediate effectiveness.
Colleen M. Kelley, the president of the National Treasury Employees Union also applauded the move, saying, “SEC employees are highly committed to the work they do but have suffered under the current leadership and I am optimistic that Mary Schapiro will respect frontline employees and the work they do.”
Fed Choice
Obama also announced that he would nominate Daniel Tarullo, a 57-year-old Georgetown University law professor, to fill one of three open seats on the Federal Reserve Board of Governors. Tarullo is one of Obama’s closest economic advisers.
Tarullo’s “academic and policy work on financial regulation has anticipated some of the problems we have observed, and he has generated important ideas for how we should move forward,” Obama said.
The Fed Tuesday lowered interest rates to a historic low and continues to fire off new programs in an effort to reverse — or at least stall — the continued crash of the financial and mortgage markets.
First posted Dec. 18, 2008 11:12 a.m.




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