Watching the Finance Lobby at Work

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After following the sausage-tastic construction of healthcare reform over the past year, no one should be surprised to learn that financial regulatory reform is likely to be even harder to get right.  After all, the finance lobby is bigger and more pervasive than the medical lobby.  What’s more, they benefit from the fact that they frequently lobby for things so arcane that no one really understands them.

Take derivatives.  (Please.)  One of the key changes that reformers want to see is a regulation that requires credit derivatives to be traded on an exchange, just like stocks and pork belly futures.  It wouldn’t solve all the world’s problems, but it would add a layer of transparency to the derivatives market that would help regulators keep a better handle on brewing problems.

Barney Frank agrees, and so the House bill includes a section that requires credit derivatives to be traded on an exchange.  Except there’s an exception for “end users” who want to buy things like currency hedges as part of their day-to-day business, not as a financial speculation.  That’s basically fine.  But the exception was worded in a way that would allow pretty much anyone to claim they were an end user doing real hedges, not speculation.  So after a big fight the wording was changed.  Hooray!

But as Nick Baumann reported the other day, the Project on Government Oversight says that a subsequent amendment may gut the rule yet again.  It allows derivatives to be traded on either an exchange or a “swap execution facility.”  Mike Konczal explains further:

First the definition of a swap execution facility has been expanded to include “a person” (different from the “or entity”). It’s also expanded to an “or trading” definition, and includes voice brokerage firms….This could, quite simply, be a telephone over which two people trade a derivative (with one person declaring himself to be the exchange?).

….[Another sentence] allows an intermediary to execute a swap, ignoring the section 2(k) which is the meat of the reform, as long as the swap is recorded somewhere. Now we already have, from above, that a swap execution facility can be something other than the exchange. This is a rule that guts the regulation right out the door, and for no apparent benefit to reform. Many of these alternative swap facilities will be owned by the banks, so it won’t necessarily force the price transparency that has been promised. To trust regulators to simply do the right thing is naive at best when the ability to follow fixed rules is available.

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Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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