The third event occurred June 21, when the Federal Deposit Insurance Corporation and the Fed released their resolution plan reviews. That’s where they assess the eight largest banks’ plans for a “rapid and orderly resolution” in the event they were to fail. Four of the banks made the grade, but the regulators identified weakness in the plans from Bank of America, Citigroup, Goldman Sachs, and JPMorgan Chase.
In each case, the supposed weakness deals with the banks’ ability to model the unwinding of derivatives and trading positions if they were to fail. In other words, the regulators are not satisfied with the banks’ projections of how they might sell off their derivatives in the event of failure or major financial stress. (It’s all hypothetical, of course.)
Maybe this whole exercise seems comforting, but it’s just another example of how pointless our financial regulatory system has become. It’s one thing to require the largest banks to have a resolution plan, it’s another thing to pretend that anyone can possibly know every detail of how that resolution might unfold.
The regulatory agencies and the banks’ lawyers continue to waste millions of dollars, pretending that they’re doing something useful and keeping the financial system safe. All the while, regulators have enormous discretion to change course on any of these items whenever they like. And the regulations are so voluminous and complex that the regulators are perpetually tied to the banks and in a superior position to Congress.
Many people pretend this system remains true to the tenants of self-government set out in the U.S. Constitution, and true to the principles of free enterprise. But the best that can be said about this regulatory regime is that the regulators usually work for someone appointed by a president and confirmed by the senate.
It’s very hard to blame the cynic for thinking that Congress has abandoned its responsibility.
Regardless, few Americans understand how the regulatory process even works, much less what the regulations accomplish. And who can blame them? Most people have no incentive to pay attention even to what their banks are doing, so it’s ludicrous to think people regularly hold elected officials accountable for whether regulations are effective.
Combined, these problems only feed the slow death of free enterprise and freedom.
For decades, the regulatory regime has prevented bankers from competing and innovating based on besting their competition. It forces bankers to go to the regulators for approval of how to innovate and compete.
This arrangement is backwards. No federal regulator should be in the business of having to foster innovation—that should be up to the banks.
Both our government and our businesses are more accountable when fewer people have less power over others. The best way to ensure that Americans can hold officials accountable is to limit the reach of government, so that people can effectively monitor what those officials are doing.