31/03/2008 - 18:09h Treasury Rolls Out Overhaul of Financial Regulators
Brendan Smialowski for The New York Times

Treasury Secretary Henry M. Paulson Jr. presented a series of proposals to overhaul the regulation of Wall Street on Monday in Washington.
By STEPHEN LABATON - The New York Times
Published: March 31, 2008
WASHINGTON — Treasury Secretary Henry M. Paulson Jr. on Monday formally laid out an ambitious plan to overhaul the regulatory apparatus that oversees the nation’s financial system. Senior lawmakers and industry lobbyists predicted that most of the plan would run into difficulty.
The product of a lame-duck Republican administration facing a Democratically controlled Congress, the plan would consolidate federal agencies that regulate the nation’s securities and commodities futures markets and eliminate a third agency, the Office of Thrift Supervision, which oversees savings and loans. It proposes to create a commission that would set new minimum licensing standards for mortgage originators.
By his own account, Mr. Paulson, along with other senior officials, do not want lawmakers to act on the proposal until after the housing crisis is over — and that is likely to be after a new president takes office.
“Some may view these recommendations as a response to the circumstances of the day,” Mr. Paulson said in a speech Monday at the Treasury Department. “That is not how they are intended.”
Democratic leaders are already drafting bills to impose tougher supervision over Wall Street, and some say that Mr. Paulson’s plan does not go far enough in reining in risky practices among banks.
Insurance and some banking groups began over the weekend to formulate plans to oppose various provisions. And several features were criticized by regulators appointed by the Bush administration.
Senior lawmakers, while praising the administration for raising important points for further discussion, said the odds of a major overhaul in the remaining days of the Congressional session were long.
“Since this is opening day in baseball, I might as well make a baseball metaphor,” said Senator Christopher J. Dodd, the Connecticut Democrat who heads the Senate banking committee. “This is a wild pitch. It is not even close to the strike zone.”
Mr. Dodd and other Democrats were hoping to move legislation this week that would help homeowners facing foreclosure.
Still, elements of the Paulson plan — including a proposal to expand the authority of the Federal Reserve to examine investment banks and other financial institutions that have previously roamed free of federal oversight — clearly speak to the recent tumult on Wall Street that has hurt the economy. And President Bush, through his spokeswoman, urged Congress to quickly approve the proposed changes.
“Secretary Paulson has been working on this package for about a year, so it’s not like pulling a rabbit out of a hat,” Dana Perino, the White House press secretary, told reporters on Air Force One on Monday.
The administration’s proposal will do almost nothing to regulate the alphabet soup of sophisticated financial products that have fueled the financial crisis. And it will not rein in practices that have been linked to the mortgage crisis, like packaging risky loans into securities carrying the highest ratings.
Hedge funds and private equity firms, which have enjoyed freedom from government oversight for years, would finally fall under federal watch. But that oversight would be minimal, enabling the government to do little beyond collecting information until a widescale crisis has already occurred.
The checks and balances in the plan reflect the mindset of Mr. Paulson, the plan’s architect, who came to Washington after a long career on Wall Street, including a stint as chief executive of Goldman Sachs.
Mr. Paulson has worried that any effort to substantially tighten regulation could hamper the ability of American markets to compete with foreign rivals — and, in fact, the proposal stemmed from a series of policy discussions that began well before the current tumult that has rocked the nation’s economic underpinnings.
The plan began last year as an effort by Mr. Paulson to streamline the different and sometimes clashing rules for commercial banks, savings and loans and nonbank mortgage lenders.
“This blueprint addresses complex, long-term issues that should not be decided in the midst of stressful situations,” Mr. Paulson said in his remarks on Monday. “These long-term ideas require thoughtful discussion and will not be resolved this month or even this year.”
Mr. Paulson also deflected blame for the current tumult away from the Bush administration. “I do not believe it is fair or accurate to blame our regulatory structure for the current turmoil,” he said.
Under the plan, the Fed would have some authority over Wall Street firms, but only when an investment bank’s practices threatened the financial system as a whole. The Fed would be able to examine internal bookkeeping of brokerage firms, hedge funds, commodity-trading exchanges and any other institution that might pose a risk to the overall financial system.
The plan would also merge the Securities and Exchange Commission with the Commodity Futures Trading Commission, which regulates exchange-traded futures for oil, grains, currencies and the like. And the blueprint suggests several areas where the S.E.C. should take a lighter approach to its oversight, including allowing stock exchanges greater leeway to regulate themselves.
Some agencies within Washington’s patchwork system of financial regulation would be consolidated. One new agency, which the Treasury calls a “prudential financial regulator,” would focus on the safety of financial institutions that have explicit government guarantees. The other watchdog would oversee business conduct to protect public investors and customers of financial firms.
Congress would have to approve almost every element of the proposal, and Democratic leaders are already drafting their own bills to impose tougher supervision over Wall Street investment banks, hedge funds and the fast-growing market in derivatives like credit default swaps.
Administration officials acknowledged last week that they did not expect the proposal to become law this year, but said they hoped it would help frame a policy debate that would extend well after the elections in November.







‘économiste américain John Kenneth Galbraith, qui a étudié les krachs dans leurs moindres détails, écrivait : “Ce que nous savons avec certitude, c’est que les épisodes spéculatifs ne se terminent jamais en douceur. Il est sage de prédire le pire, même s’il est, selon la plupart des gens, peu probable.” La crise des subprimes confirme son jugement. C’est d’abord avec une grande brutalité - inconnue depuis le 11 septembre 2001 - que les places boursières décrochent depuis plusieurs jours.



