Wednesday, December 17, 2008
Posted by: John Campbell at 8:46 AM

This was published in today's edition of Investor's Business Daily.  It outlines a few of my thoughts and ideas on the path towards restructuring our financial regulatory system. 

Investor's Business Daily

Bold Changes Should Prevent Another Crisis
By REP. JOHN CAMPBELL

The credit markets continue to unfreeze. The general economy continues to sink. There are new stock market lows and unemployment highs and we don't know where and how it will all end.

But it will end. And we need to start thinking about what regulatory structure will replace the one that failed us so miserably this time. We came perilously close to an abyss (or collapse or Armageddon, depending on who is describing it).

I looked down into that abyss and what I saw was way scarier than any Stephen King movie. Therefore, I think we need dramatic changes to ensure that this sort of calamity does not befall us again.

So what do we do to keep it from happening again while still preserving free markets and rewarding enterprise and innovation? Here are a few thoughts:

1. Banks should be boring entities that you can trust. If you want to double earnings annually, go into another business. We have seen how important our regulated banking sector is to the entire economy. We cannot let them get into high-risk territory.

2. Gambling should be left to casinos. There is investment and speculation, and then there is gambling. To me, gambling is when there are instruments to bet on something going up or down without any interest in or benefit to the underlying asset. One example might be naked short selling. If you want to do that, great. But let's call it what it is: gambling, not investment. And let's keep it in casinos or someplace where it cannot infect the markets for those assets.

3. No more entities that are too big to fail. During the crisis, Treasury Secretary Paulson referred over and over again to entities that were "too big or too interconnected to fail." They did fail, and the taxpayers had to pick up the pieces. The moral hazard (another often-used term) created by this is unacceptable. Just as Teddy Roosevelt decreed that monopolies should no longer exist, we should decree that entities that are so big or interconnected that their failure will collapse our entire financial system cannot exist either. Break them up.

4. Credit rating agencies. There are basically two companies that give credit ratings on bonds. There should be more than that, and they should be completely independent of the companies whose debt they are rating.

5. Stop having multiple regulators regulate the same thing. There was a time when banks were different from savings and loans, which were different from thrifts. They all had separate regulators regulating the same things. That is an archaic model. Similar financial institutions should all have the same standards and one regulator.

6. Fannie and Freddie. These entities have provided a valuable service for decades, and owning a home is still the linchpin of the American dream. We should continue to support homeownership with some federal backing for the most secure loans. But rather than letting a lightly regulated entity play fast and loose with that government guarantee, let's follow more of a public utility model. In other words, a private entity that administers a government franchise in a tightly controlled way. And let's have more than two of them.

7. Some insurance is nationwide. Homes don't move, and cars rarely cross state lines. But various financial insurance products (credit default insurance, annuities, life insurance, etc.) have no nexus in any state. Insurance companies that wish to market such products should have a federal regulator that is more focused on these as financial instruments, since they are distinct from traditional home and car insurance.

8. Don't single out the SEC. There will need to be a complete review of all of the duplicative and complementary regulators in financial markets to streamline the 70-year-old structure we have today.

9. Accounting matters. As a CPA, I love to point this out. Accounting rules for public entities do matter, as the debate on mark-to-market should indicate. We should transition from quarterly to semiannual financial statements so we can reduce market volatility and shift focus from short-term numbers to long-term viability. We should also move toward the international IFRS accounting standards while shielding companies from abusive shareholder lawsuits.

This is not a comprehensive plan, and there are lots of details I have left out in the interest of brevity. Furthermore, I don't claim to have all the answers. But I do have some ideas.

The one thing I do know is that I never want to experience what we have experienced this year ever again. I also do not want to stifle innovation and enterprise as we move forward. I do not think these two goals are mutually exclusive.

If investors make a wrong bet, they should lose. But when an investor makes a wrong bet, he or she should not be able to take half the economy down with them.

This will not be easy, but it must be done, and soon. Let's get to work.

Campbell represents California's 48th Congressional District in Orange County.



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james beam writes: Wednesday, December, 17, 2008 9:22 AM
one can only hope
those are some changes we could believe in
Cindy writes: Wednesday, December, 17, 2008 10:08 AM
I like the way you think
3. No more entities that are too big to fail...!
5. Stop having multiple regulators regulate the same thing.
and Accounting matters...

However:
I believe that this Financial Disaster was done on purpose...The more confusing the easier it has been to destroy...Winner take all, which would be the one world order coming into sharp focus with all the answers...by way of Obama giving thumbs up.
Vince P writes: Wednesday, December, 17, 2008 12:07 PM
Mr. Campbell
Congressman, if you're reading this , can you give Nancy Pelosi my full contempt and anger.
Bennett writes: Wednesday, December, 17, 2008 2:11 PM
Looks great
I'd also add something about manipulation of interest rates too and how unacceptable golden parachutes & ridiculous bonus' are for public companies.
cavalier973 writes: Wednesday, December, 17, 2008 6:30 PM
I've got a better idea
instead of relying on the "wisdom" of elected officials and government bureaucrats to regulate the financial industry, allow the market to regulate itself. This includes no government loans or bailouts to banks in trouble.

This includes eliminating the FDIC, as well. Let the bank customers insure their own bank accounts by demanding contracts stipulating 100% reserves for their demand deposit accounts. It would mean no more "free checking" or "interest-paying checking accounts" for them, but they could also accept the risk of fractional reserve checking accounts, if they wish. Heck, customers could decide for themselves and contract with the bank what percentage of reserves they are willing to allow their banks to lend out (and potentially lose).

Bank customers, dealing with their particular banks day-to-day, would have plenty of influence over their bank's decisions on who to give loans to, etc., simply by being able to switch to another bank if they feel that the bank is taking on too much risk.

Finally, allow the existence of privately-printed, commodity backed currency that could legally compete with the green toilet paper that the Federal Reserve is currently pushing.
wdwrkr writes: Thursday, December, 18, 2008 10:00 PM
Cavalier
I like your thinking. Let me add that we should also end IRA's and 401k's. The gov't put these programs in place to manipulate our financial behavior. These resulted in $$'s pouring in to Wall Street. If not for these programs, more people would have kept their $$'S local, which would have avoided these financial institutions getting so massive and causing so much grief.

Federally insured financial instruments are ultimately destructive because they hide who really pays for the insurance (we do, through reduced interest on our deposits), and lulls us into ignoring the true status of financial institutions.

The basic lesson is that the gov't has made our financial systems unnecssarily complicated and provided false sense of security. And now we're paying the price.
crescen7 writes: Friday, December, 19, 2008 7:28 AM
Yes the chairs look good like that . . .
but about that iceberg . . .

Congressman, this is good work but since we've transformed the Secretary of Treasury into an "economy czar" via the "The Emergency Economic Bailout Act of 2008" which virtually assured the Obama Presidency; we now face:

Government overtaking Auto Manufacturing, then Health Care. That will be followed by crippling Cap and Trade carbon limiting legislation. These policy initiatives, if implemented threaten to destroy private property, individual liberty, and limited government for the balance of our lifetime.

So, lets not get too enamored with tweaking regulatory details. Let's mount a strong defense to Health Care, and Carbon legislation - then maybe we'll have something left to regulate.
DocAlKy writes: Sunday, December, 28, 2008 12:17 PM
Change margin rules
Thye main reason the market has unwound has more do to with margin rules and levarage than overpaid CEO's and corrupt politicians. There should be strict limits on leverage for ALL types of assests and investment vehicles. No single entity should be allowed to be leveraged over 20%. That will ensure that there is always enough liquidity available to 'cover' in a downturn. Hedge funds' ability to carry high margin debt is a big factor in market volatility and a bigger factor in institutional failure in a downturn. Yet I never see this addressed anywhere. This is the type of greed that poisons our markets and shakes people's confidence.
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About John Campbell

John Campbell is a member of the House Financial Services Committee, and has taken a leadership role in addressing the country's top economic issues. Campbell serves as a member of the Joint Economic Committee, and House Committee on the Budget. He has a Bachelor's Degree in Economics from UCLA and a Master's Degree in Taxation from USC.

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