House Committee Moves to Limit Big Bank Speculation

Tuesday, November 24, 2009
Jackie Speier

Up until five years ago banks were limited to how much debt they could carry versus the amount of cash they had on hand. But after the Securities and Exchange Commission, led by Bush appointee and former Republican Congressman Christopher Cox, did away with the 12-to-1 ratio, banks were free to leverage themselves to levels as high as 30-to-1, which helped cause the financial collapse last year. Now, a freshman member of Congress wants banks to return to the old cap to limit the risk of future meltdowns.

 
Representative Jackie Speier (D-CA) is authoring an amendment currently in the House Financial Services Committee that would restore the 12-to-1 limit on banks. Last week, Speier’s plan came up for a vote, but instead of getting rejected as many observers expected, the amendment passed unanimously on a voice vote. Speier had hoped for a roll call vote, but few lawmakers were willing to put their name to a decision that might draw the ire of the banking lobby.
-Noel Brinkerhoff
 
Agency’s ’04 Rule Let Banks Pile Up New Debt (by Stephen Labaton, New York Times)

Comments

Paul Wilkinson 14 years ago
CORRECTION: Five years ago, Cox wasn't chairman of the SEC; Bill Donaldson was. Moreover, the SEC, under Cox, Donaldson, or anyone, didn't increase the leverage limit; no such limit existed until the SEC, in 2004, under Donaldson, created a voluntary program where no regulation (or statutory authority for a mandatory program) existed. The voluntary program was based on Basel II standards that were supposedly more precise than older banking regulations -- just another example of why regulation doesn't work as well as market transparency. If Congress really wanted to raise the ire of the banking lobby, it would require that the private securities at the heart of the crisis -- created more by the banking and mortgage industries than by the securities industry -- be as transparent as the public securities that the SEC has regulated well for 75 years. The big mistake was creating moral hazard by giving implied if not explicit government backing (via GSE's, tax policy, preferential regulation, etc.) to instruments with excessive leverage and then usurping the power of the bankruptcy court to impose accountability on Bear Stearns' management, shareholders, and creditors. The Speier amendment shouldn't have much effect since the surviving firms that did the high-leverage deals already converted themselves to banks and are thus already subject to the lower leverage limits.

Leave a comment