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The Case for Banking Reform No More Bailouts by Taxpayers
Robert N. Downey Delivered at Dartmouth College, June 11, 2013 Senior Director Updated version delivered at NYU Law School, September 30, 2013 Goldman Sachs
The following is the full text of the updated address. Abbreviated versions were delivered on June 11th and September 30th.
In five days it will be June 16th. That’s a famous day historically. Can anyone tell me the significance of June 16th? What about you English majors? And devotees of James Joyce’s Ulysses. Though based on a fictional account, on every June 16th tens of thousands follow the footsteps of Joyce’s Leopold Bloom in his walk around Dublin which took place on June 16th, 1904, according to the novel.
There is another June 16th that is of immense historical significance. And that was in 1933. This coming Sunday, June 16th, will be the 80th Anniversary of the signing of monumental legislation -‐ The Banking Act of 1933.
This talk is an updated version of a speech I gave at a gathering in Washington on June 6th last year. At that time, my talk was rather quixotic in nature. I described the serious financial problems facing our nation and a proposed solution, but last year odds-‐makers would have bet 50 to 1 against any serious legislative change actually occurring in the foreseeable future, especially with a gridlocked Congress. Congress, if anything, is even more deadlocked today, but a lot of very positive developments have occurred in the intervening year (a very important one as recently as July 12th), and I’ll describe them later in the talk.
I’ve worked in the securities industry for over 50 years, the last 44 with Goldman Sachs. Nothing in my business career was as important as the role I played many years ago as the lead defender, on the part of the independent securities industry, of The Banking Act of 1933, which created Federal Deposit Insurance and is more commonly called the Glass Steagall Act, the names of its Senate and House co-‐authors.
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Messrs. Glass and Steagall sure knew what they were doing in 1933. If commercial banks were to enjoy Federally insured deposits (Part I of Glass Steagall), they certainly should not be speculating with Uncle Sam’s money. So, in addition to creating the FDIC, Congress also separated commercial banks from investment banks (Part II of Glass Steagall). Unfortunately, those provisions were severely
weakened by Federal banking regulators over the years, and the few remaining provisions of Part II were eventually repealed by Congress in 1999.
To my knowledge, there have been few if any calls to repeal Part I, the Federal Deposit Insurance aspect of the Glass Steagall Law. It was instituted to prevent runs on banks by nervous depositors by giving such depositors confidence that Uncle Sam was the
ultimate protector of their money. It certainly was not created to permit Federally insured banks to trade, underwrite and speculate in securities or commodities, let alone so-‐called derivatives.
As I stated, by the time Congress decided to repeal those few remaining provisions in Glass Steagall that separated investment banking from commercial banking, most of the damage had already been done based not on any amendments to the law, but solely on prior decisions by federal banking regulators, primarily the Federal Reserve Board. In effect, the Fed determined that when Congress passed
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The Banking Act of 1933 (the Glass Steagall Law), they did not really mean what the law they had just enacted clearly stated. The tragedy was that at the time the Fed took such actions, there was no person or industry group that had the financial resources, the incentive, or the inclination to challenge the Fed in court on behalf of the American taxpayers. To my recollection, Congress failed to even hold meaningful hearings on the Fed’s deregulatory activism.
What a crying shame! Congress surely had the perfect example of what could go horribly wrong when the Federally insured Savings and Loan companies were given additional powers by Congress in the late 70s and early 80s. By the mid to late 1980s, more than 1,000 S&Ls had collapsed costing American taxpayers more than $340 billion according to a 1996 estimate by the General Accounting Office. Why did the banking regulators and later the Congress choose to ignore that obvious history lesson?
When Congress finally repealed Part II of Glass Steagall it seemed as though it was no big deal since, except for the insurance provisions, Part II had already been effectively repealed de facto by the banking regulators. Thus, there was little opposition to de jure repeal in Congress and it passed by an overwhelming majority. But that action was also a tragedy. Without the Congressional repeal, two positive developments might have taken place: (i) a future, more enlightened Federal Reserve Board might have seen the errors of its predecessors’ ways and reversed those prior decisions, or (ii) a suit on behalf of concerned taxpayers might have taken the issue to court and won based on the Fed’s misinterpretation of the clear intent of the Glass Steagall Statute.
In defense of the Fed’s deregulatory actions in the late 1980s and early 1990s, which dismantled Part II of Glass Steagall by fiat, such actions were encouraged by a fair number of economists and by editorials in much of the financial press, including the Wall Street Journal and the New York Times. And even in recent years, the Economist, Financial Times and other sophisticated financial publications have referred to the Glass Steagall law with such derogatory terms as “that Depression era statute” and “that relic of the thirties”. Of course they were all referring to Part II, not Part I.
Why did none of these economists, editorial writers, federal banking regulators or Congress itself advocate for the repeal of those Part I provisions that provided for federally insured deposits as well as the Part II provisions? Why indeed did the
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financial press and Congress fail to refer to the FDIC as a “relic of the thirties”? Instead of retaining Federal Deposit Insurance, why didn’t Congress permit the market to create a system of private (not governmental) guarantors of bank deposits and get Uncle Sam out of the business of insuring deposits? It would have been entirely consistent and intellectually honest to repeal both sections of Glass Steagall: Federal Deposit Insurance as well as the separation of investment and commercial banking. But of course it would have been politically near impossible to have done so. It is hard to imagine a member of Congress running for re-‐election based on having voted to repeal that “relic of the thirties”, Federally Insured Deposit Insurance.
As a result of those earlier actions by the Fed, and then the repeal by Congress itself of those provisions which separated investment banking from commercial banking while retaining Federal Deposit Insurance, and the subsequent debacle in the financial markets in late 2008 and early 2009, aside from a few strong regionally headquartered investment banking firms and a few New York-‐based boutique advisory firms, there no longer exists a vibrant, independent securities industry in the United States.
Think of it. Of the five largest independent securities firms five years ago, Bear Stearns, about to fail in early 2008, was absorbed by J.P. Morgan with strong encouragement by the US Treasury and the Federal Reserve and immense financial help from the Fed; Lehman Brothers went bankrupt; a shaky Merrill Lynch was bought by Bank of America; and shortly thereafter the two strongest, Goldman Sachs and Morgan Stanley, were firmly encouraged by the Fed and the Treasury to become, and quickly became, bank holding companies.
A little aside here… Though I am a Senior Director of Goldman Sachs (which, as I said, is now a bank holding company), this is primarily an honorary title; I have not been active with Goldman since before the firm went public in 1999. Therefore, although I have been associated with The Firm since I joined it in 1969 and have immense affection and respect for The Firm, its leadership and the integrity of its people, please understand that I am not speaking for Goldman Sachs in any way. The following comments are solely my own views.
Another aside…As a matter of fact, unless current banking laws were to be reformed by Congress, Goldman Sachs would be foolish to give up its present structure as a bank holding company with its Too Big To Fail status and then try to
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compete with Too Big To Fail bank holding companies such as JP Morgan, Citigroup, Bank of America and Morgan Stanley. It would be unilateral disarmament.
As everyone knows, the financial world has been through the wringer for the past five years. There were many causes of the financial crisis of 2008:
1. Toxic mortgages consisting of liar loans brought to market by unscrupulous mortgage brokers which were then securitized and repackaged by Wall Street banks and securities firms;
2. Careless and sometimes venal individual borrowers that took on debts which they didn’t understand but knew they couldn’t afford unless the housing bubble continued to expand;
3. Credit rating agencies which blessed many hundreds of questionable mortgage backed securities issues with their highest ratings of AAA, the same rating they gave to United States Treasury securities;
4. Irresponsible lending by Fannie Mae and Freddie Mac (at that time investor owned but characterized as U.S. government sponsored enterprises) which lowered their own credit standards so as not to lose market share to Wall Street;
5. Federal regulators that failed to do their jobs;
6. And, of absolutely vital importance the fact that, due to the initial deregulation by banking regulators and then to the final repeal of the Glass-‐Steagall Act in 1999, large Federally insured banks (considered too big to fail) could and did speculate in mortgage backed securities and derivatives underwriting and trading just like non-‐federally insured investment banking firms.
One of the most compelling arguments against those who minimize the risks involved in underwriting securities can be gleaned from articles in August 2012 in the New York Times and the Wall Street Journal which described a $590 million settlement by Citigroup with its stockholders.
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Apparently, according to the Times, "Citigroup represented that subprime exposure in its investment banking unit was $13 billion or less, when in fact it was more than $50 billion.” Had the bank not been permitted to underwrite securities how on earth would it ever have had even $1 billion of these toxic assets in inventory, let alone $13 billion, or God forbid, more than $50 billion. Since the articles also point out that the bank underwrote some $70 billion of collateralized debt obligations from 2004-‐2008, the conclusion of where most of those assets came from is inescapable. See the accompanying “Debt Craze” table for further evidence. When considering the gigantic losses that Citigroup suffered from underwriting C.D.O.’s and other mortgage-‐backed securities, I recall with more than mild bemusement the arguments that the banks and their surrogates employed to convince their banking regulators to dismantle
Part II of Glass Steagall. They essentially argued that, since underwriting securities was a virtually riskless business, banks should be permitted to underwrite and trade them because the profits they earned therefrom would serve to more fully protect taxpayers. The real world result of course was just the opposite, requiring a $45 billion bailout of Citigroup by America’s taxpayers. Whenever a nation privatizes the gains while it socializes the losses, no societal good can be achieved — unless the lessons learned set us on a new sensible path where failure is permitted as well as success. And for failure to be at all meaningful, not just stockholders but unsecured bondholders and other lenders must also suffer losses, as was the case when Lehman Brothers went bankrupt. Otherwise, lenders will have no incentive to lend wisely. No private institution, financial or otherwise, should be considered too big to fail. Unfortunately, that’s today’s world. Just consider the bailouts by American
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taxpayers of the S&Ls some 25 years ago and, more recently, Fannie Mae, Freddie Mac, AIG, Citigroup, BofA, the nation’s money market funds and others.
Part II of the Glass Steagall Act worked effectively for over 50 years in the United States with hundreds of investment banks, large and small, being allowed to fail (such as giant Drexel Burnham which, at the time of its failure, dominated the high yield corporate bond market) without a penny of taxpayers’ money expended. A good number
of commercial banks also failed, including a large one, Continental Illinois Bank in 1984, but they were taken over by the FDIC. Nonetheless, in spite of the many examples of failure by investment banks, the large federally insured commercial banks were relentless in their desire to engage in the risk-‐taking that non-‐insured investment banks were permitted under Part II of Glass Steagall.
Initially those banks lobbied their regulators to interpret the law in a manner that would allow them to underwrite and trade municipal revenue bonds since they were already permitted to underwrite municipal general obligation bonds secured by taxes. They initially only wanted revenue bonds. (Sure, and Hitler only wanted the Sudetenland). Later, they sought and won the power to underwrite and trade corporate bonds and mortgage-‐backed securities, and eventually, equities.
Unfortunately, the Federal banking regulators allowed them to do so. The only way the securities industry could prevent this was to take the banking regulators to court. But that soon came to be prohibitively expensive. The independent securities firms simply could not afford to defend Part II of Glass Steagall in that manner, so we proposed a reasonable alternative that permitted commercial banks to engage in investment banking.
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Some 23 years ago, as Chairman of The Securities Industry Association (which then represented all the nation’s investment banking firms, large and small), I proposed Federal legislation – supported unanimously by the SIA Board – which would have permitted separately capitalized investment banking subsidiaries of bank holding companies to compete with traditional investment banks, but with very strong firewalls to prevent access to Federal Deposit Insurance. The proposed legislation, the SIA Plan, was drafted in 1990 primarily by the Securities Industry Association’s highly qualified outside counsel, Mr. Francis X. Meaney.
The staunch Congressional defenders of the Glass Steagall separation of investment from commercial banking were, not surprisingly, extremely disappointed in the SIA’s decision. I remember a day in 1989 when the late Dick Fisher, then CEO of Morgan Stanley and Vice Chairman of the SIA, and I had a rather tense meeting with Congressman John Dingell of Michigan, the then very formidable Chairman of the House Energy and Commerce Committee, and today the longest serving member of Congress.
We explained that, since the SIA could no longer afford to sue the Fed and the US Controller of the Currency every time they bestowed an additional underwriting power on the commercial banks in violation, in our view, of the clear intent of the Glass Steagall statute, we were forced to go in a different direction. Chairman Dingell was clearly upset with us but reluctantly agreed that we had no choice but to pursue our proposed alternative.
Incidentally, the SIA later merged with the Bond Market Association and is now called the Securities Industry and Financial Markets Association (SIFMA), and is dominated by bank holding companies.
Under the SIA Plan of 1990, such investment banking subsidiaries could succeed or fail with no help or hindrance from Uncle Sam in the same manner as independent investment banking firms. Seems pretty simple! Unfortunately, that simple plan was never adopted by Congress. The commercial banks fought it tooth and nail, since supporting it would mean the loss of their unfair advantage in pursuing investment banking business as Federally-‐insured banks. Instead, they continued to successfully advocate for more trading and underwriting powers through the intercession of their regulators and for the eventual repeal by Congress of Part II of of Glass Steagall through their lobbyists.
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Moreover, the commercial bank holding companies’ lobbyists succeeded, in truly spectacular fashion, in having a large portion of their investment banking operations housed primarily in their Federally insured banks rather than as separately capitalized investment banking subsidiaries which would succeed or fail with no access to Federal Deposit Insurance. Think of what that means. The credit ratings agencies rate the bank holding companies’ Federally insured banks several notches higher than the holding companies themselves.
It is not difficult to conclude where most large bank holding companies locate the vast majority of their derivative trading businesses. The Federally insured bank subsidiary, of course, because with higher credit ratings significantly less capital is required to trade such instruments. That location would have been prohibited under the SIA Plan. In order to protect the taxpayer, such activity would have been required to be executed in the separately capitalized, non-‐Federally insured investment banking subsidiary of the bank holding company. Unfortunately, the SIA Plan was never enacted.
However, as a result of the worldwide financial debacle over the last several years, the key elements of the SIA Plan are in the process of being adopted in the United Kingdom by the British government based on Sir John Vickers’ Commission’s recommendations. I had a very productive meeting in September 2012 with Sir John in Oxford where he serves as the Warden of All Souls College. (In the US, he would be the president or provost of the College). While in the U.K. I also visited with influential officials of Her Majesty’s Treasury and the Bank of England. They all seemed determined to go forward with the separation of commercial and investment banking, although, never fear, the UK’s bank lobbyists will vehemently oppose such reform.
With the world in such financial flux, we can only hope that the Vickers plan succeeds in being implemented in the U.K. It’s essentially the SIA Plan of 23 years ago. Where we used the term “Firewalls” to segregate
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the riskier businesses from government insured deposit taking, they use the term “Ring Fencing” and they ring fence the retail bank rather than the investment bank, but the concept is the same.
In addition to the SIA plan and the Vickers Plan, the European Union is considering a plan offered by an expert group chaired by Erkki Liikanen, Governor of Finland’s Central Bank, to make the EU’s banks safer. The Liikanen Plan is similar to the SIA Plan but is, not surprisingly, being vehemently resisted by the Universal Banks of Europe.
When the Dodd Frank legislation was being drafted by Congress a couple of years ago, apparently neither the SIA Plan nor anything similar to the Vickers’ Commission’s plan was seriously considered. Instead, in a well-‐meaning attempt to protect the American taxpayers from picking up the tab for Federally insured bank speculation, Congress adopted the so-‐called “Volcker Rule,” which prohibited Federally insured banks from engaging in proprietary trading. The trouble with that, as has been amply described in the financial press, is distinguishing between a bank’s “market making” and “hedging,” which are permitted under the law, and its proprietary trading, which is not.
Though the Dodd-‐Frank legislation with its “Volcker Rule” and its attendant complications will surely put a lot of lobbyists’ and lawyers’ sons and daughters through college and graduate school, my wish would be for Congress to take another look at the SIA Plan or The Vickers Plan or the Liikanen Plan, which
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are much simpler and cleaner and entirely non-‐partisan. Make no mistake, however, rather than the SIA Plan or Vickers' or Liikanen’s, readopting Part II of the Glass Steagall statute would be the ideal solution. In July, Senators Elizabeth Warren, D-‐Mass, John McCain, R-‐Ariz, Maria Cantwell, D-‐Wash, and Angus King, Independent-‐Maine, introduced a non-‐partisan bill entitled the “21st Century Glass Steagall Act of 2013” which would recreate and expand Part II of the original 1933 act. I heartily applaud the four senators for their concern for the American taxpayers and their courage in taking on the giant banks with their vast armies of highly compensated surrogates. Based on all my history on this issue, I couldn’t be more supportive philosophically of their efforts, I pray for their success and endorse the bill. However, sometimes the ideal solution might not be politically possible, and should their efforts come up short, I hope they will not give up and instead consider substituting the SIA plan, Vickers’, Liikanen’s or something similar, which might have a better chance of passage, especially since, in order for bank reform to work effectively on a global basis, there should be a measure of international cooperation. In the fall of 2008 a Republican Administration and a Democratic Congress worked together in a bi-‐partisan manner to prevent the nation’s financial system from collapsing. They accomplished this by, among other actions, authorizing the U. S. Treasury and the Federal Reserve to inject capital into the largest banks. I believe that America and the world owe then Treasury Secretary Henry “Hank” Paulson, an enormous debt of gratitude for his role in leading our nation through the financial crisis of late 2008 and further, that the history books will look very favorably on the necessary and proactive actions he took at the time. (Full disclosure: Hank and I were fellow partners at Goldman Sachs for many years and remain good friends). The capital injection from the government in 2008 was an absolutely necessary action that saved the financial system and most of the taxpayer funds advanced to the banks have since been returned to the Treasury with interest. Nevertheless, should the banks get into similar trouble again, the American taxpayers will not stand for another bailout by Congress. Therefore, the nation would have to rely on the uncertainty of the “Living Wills” section of the Dodd Frank law to provide for orderly wind downs of failing Federally insured banks. But no one knows what would happen if the contagion from such failing banks were to spread rapidly
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throughout the system as it did in 2008. The result could well be financial Armageddon. After my June 6, 2012 Washington talk, the Wall Street Journal published an edited version on their Op-‐Ed page on July 31st 2012. I received many positive responses to the piece, as well as to an interview I gave on Fox Business News on August 30th 2012. For those interested, copies of the op-‐ed and the interview are on my website: betterbankinglaw.com. Also on that website is the full text of my 1990 interview with Investors Dealers’ Digest which describes the SIA Plan in considerable detail. Except for updating the plan to include references to derivatives, etc., I would change little today. Subsequent to the publication of the WSJ Op-‐Ed, I have had productive meetings with Paul Volcker, former Chairman of the Federal Reserve (by telephone), Bill Dudley, President of the NY Fed, and Richard Fisher, President of the Dallas Fed. Richard's brilliant and authoritative articles, interviews and addresses have made the strongest possible case against the continuation of Too Big To Fail. (Note: Richard Fisher is not related to the aforementioned late Dick Fisher, who was the former beloved CEO of Morgan Stanley). Within the past few years, many prominent former chief executives of banks and securities firms have come to the same conclusion that I have, and believe that Congress should take action before it is too late.
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Examples of Major Bank CEOS and Influential Media Reversing Positions
Name and background Date of Public Statement John S. Reed Former CEO of Citibank and, after the merger with Travelers Insurance, later became Co-CEO of Citigroup. Long term advocate for repeal of Glass Steagall.
2009 – Apologized for creating financial firm that required a taxpayer bailout. January 2010 – Issued public statement.
David Komansky Former CEO of Merrill Lynch from 1996-2002. Retired as Chairman in 2003.
May 5, 2010 – Stated he "regrets" pushing for the repeal of the Glass-Steagall Act on Bloomberg News.
Philip J. Purcell Former CEO of Morgan Stanley and its predecessor company, Dean Witter Discover from 1986-2005. Former strong advocate for repeal.
June 25, 2012 – Op-Ed in WSJ which maintained stockholders in TBTF banks would be better off if investment banking was spun off in a separate company.
Sandy Weill Former CEO of Citigroup, former Co-CEO of Citigroup (with John Reed), and prior to that, CEO of Travelers Insurance which owned the securities firms Salomon Brothers and Smith Barney. Perhaps the most notable advocate for repeal.
July 25, 2012 – Reversed position in CNBC live interview.
New York Times The Times said in 1988 – “Few economic historians now find the logic behind Glass-Steagall persuasive” and confirmed that view in another editorial in 1990.
July 27, 2012 – Editorial stating “Add the NYT to the list of the converted. We forcefully advocated repeal of the Glass Steagall Act. Having seen the results of this sweeping deregulation, we now think we were wrong to have supported it.”
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Several other members of the Federal Reserve have also publicly expressed great concern regarding the Too Big To Fail banks, in addition to Richard Fisher and Bill Dudley. They are, among others: James Bullard, President of the St. Louis Fed, Daniel Tarullo, Member of the Federal Reserve Board and Ben Bernanke, Chairman of the Fed. When I think of those Fed governors thoughtful public positions today, it fills me with sadness since many of their predecessors at the Fed some 15-‐25 years ago must not have considered the consequences of their deregulatory actions and reached diametrically opposite positions from the enlightened views of the current Fed board members noted above. Though the former Fed governors were acting in good faith and surely did not anticipate how severely their actions would contribute to the future weakening of our financial system and the risk to America’s taxpayers, in my view they should have given more deference to the authors of the Banking Act of 1933. After all, Messrs. Glass and Steagall and their colleagues had witnessed a financial debacle without precedent in our nation and, as I said at the start: “They knew what they were doing”. Some might conclude that the enlightened views of the current Fed governors are a result of their being mugged by the reality of the financial melt-‐down of a few years
ago, whereas the former Fed governors has no such distressing historical event to make them cautious about permitting Federally insured banks to speculate with taxpayer money. However, those former governors certainly had
the stark example of the failure of the Savings and Loan industry in the 1980s and the $340 billion cost to American taxpayers, largely as a result of the expanded powers given by Congress to the S&Ls.
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It’s comforting to finally have such prominent supporters as the former banking and investment banking CEOs in the prior table and the present Fed Governors mentioned above. Five years ago, to borrow Dartmouth’s motto, “Vox Clamantis in Deserto”, I was truly “a voice crying in the wilderness.” In fairness, though I had few allies over the last 20 plus years (for example, only eight out of 100 Senators voted against the repeal of Glass Steagall in 1999), I was not entirely alone. Two of the most thoughtful and eloquent advocates of views similar to mine over the years have been leaders of the FDIC, Sheila Bair, former Chair and Thomas Hoenig, current Vice-‐Chair and formerly the President of the Federal Reserve Bank of Kansas City. Another very supportive voice has been that of George Will, the Pulitzer Prize winning columnist for the Washington Post and Newsweek. A very encouraging recent legislative development is that in April Senators Sherrod Brown, D-‐OH, and David Vitter, R-‐LA, introduced their comprehensive Brown-‐Vitter legislation which addresses the "Too Big To Fail" issue. Their bill requires that large banks hold substantially more capital than smaller institutions, and a lot more capital than current regulations and international banking standards require. The supporters of that bill acknowledge that one purpose of the high capital requirements is to encourage such giant banks to downsize resulting in their no longer being considered Too Big To Fail. I certainly support the Brown-‐Vitter approach as does Dallas Fed President Richard Fisher, and I hope it is successful, since, until this summer’s 21st Century Glass Steagall bill, it was the only approach on offer. However, the opposition from the Too Big To Fail banks, their lobbyists and lawyers has been ferocious. Those opponents argue that America’s largest banks would then be unable to compete effectively with giant banks from other nations. Of course that same argument was used a generation ago to convince banking regulators to weaken and Congress to repeal Part II of Glass Steagall. They won that argument and the resulting chaos almost brought down the U.S. and the world’s financial system.
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I am also encouraged that on July 9 the federal banking regulators, led by the FDIC, and supported by the Federal Reserve and the Office of the Comptroller of the Currency, proposed stricter rules that would require giant banks to hold additional capital. It is certainly gratifying that such regulators, some of whose predecessors’ attitudes had been overly accommodative to the wishes of the regulated banks and whose deregulatory actions were instrumental in causing the nation’s acute financial problems, should now help lead the charge the other way. “Specifically,” to quote a favorable editorial in the July 10th Wall Street Journal, the banking regulators “proposed to increase the leverage ratio at giant bank holding companies to 5% from 3%, and to 6% for the insured-‐deposit taking banks inside these holding companies. For either the parent companies or the FDIC-‐insured banks inside them, our preference would be to go north of 6%. Why not approach the capital levels that small finance companies without government backing are required by markets to hold, which can run into the teens? But the proposal is still a major step toward taxpayer protection and might require the giants to increase capital by close to $90 billion by 2018, or to shrink their balance sheets to operate more safely with the level of capital they hold today.” I completely support the Wall Street Journal’s view which, like the Brown-‐Vitter bill, would require that giant banks hold significantly higher levels of capital to protect the American taxpayer.
In spite of the message conveyed in this dinosaur cartoon, neither my approach nor Vickers’ nor the 21st Century Glass Steagall bill requires downsizing, rather they require
segregating the investment banking business from federally insured commercial
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banking. I am not against bank size per se, so long as bank failure is permitted and Uncle Sam is off the hook. I am strongly against the corruption of capitalism which allows Too Big To Fail banks to exist. As noted, the US taxpayer bailout of banks in 2008 was accomplished on a bipartisan basis with a Republican Administration and a Democratic Congress. Nine years earlier, in 1999, the repeal of the few remaining provisions of Glass Steagall which separated investment banking from commercial banking was also done on a bipartisan basis. At that time there was a Democratic Administration and a Republican Congress. Thus I permit myself some guarded optimism by asking: why cannot the correction of that costly bi-‐partisan error in 1999 and the avoidance of a potential financial Armageddon be accomplished in a bi-‐partisan manner as well? If this critical topic has piqued your interest, and I certainly hope it has, I invite you to visit my website betterbankinglaw.com. Thank you. I welcome your comments and questions.
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Robert N. Downey biography
Bob Downey joined Goldman Sachs in 1969. He was made a general partner in 1976 and head of the Municipal Bond Division in 1980. Mr. Downey was also responsible for Goldman’s Washington, D.C. office until becoming a limited partner in the early ’90s. He still holds the honorary title of Senior Director with the firm, but has not been active with Goldman since before the firm went public in 1999. Though he has immense affection and respect for Goldman Sachs, its leadership and the integrity of its people, this talk reflects Mr. Downey’s personal views only.
During his more than 40 years in investment banking, Mr. Downey was instrumental in the creation of numerous financing techniques. He was ranked the best Leader of Public Finance for the “Ultimate Firm” (an all-‐star team made up of industry leading specialists from various investment banking firms) in a survey by Investment Dealer’s Digest. He was selected as the Outstanding Municipal Industry Person by the Municipal Forum, and received the Bond Market Association Municipal Division’s Honor Roll Award. He also was Vice Chairman of the Municipal Securities Rulemaking Board.
Mr. Downey served as the 1990 Chairman of the Securities Industry Association, the primary trade group of the nation’s brokerage and investment banking firms, having been Vice Chairman in 1988 and 1989. During the 1980s and early ’90s, Mr. Downey led the nation’s investment banking firms’ efforts to prevent the evisceration by Federal banking regulators of those provisions of the Banking Act of 1933 which separated investment banking from commercial banking and deposit taking. Unfortunately, such provisions were severely weakened by such banking regulators over the years, and the provisions themselves were eventually repealed by Congress in 1999. Those provisions of the Banking Act of 1933 which created Federal Deposit Insurance were not repealed.
Mr. Downey served as a Director of Financial Security Assurance Holdings, Ltd., a major bond insurance company, from 1994 until 2009. He serves as a Trustee of the North Shore/LIJ Hospital System and is a member of the Executive Committee of Lenox Hill Hospital in NYC. He is a Director of the International Tennis Hall of Fame in Newport, RI. and is a former Trustee of The Keystone Center, The Taft School, The Spence School and Westover School, and was the former Chairman of the Blue Light Theater. Mr. Downey is also deeply involved with his alma mater, Dartmouth College