Monday, March 25, 2013

Is the Dodd-Frank "Cure" Worse than the Disease?

Author: David Schwartz J.D. CPA
Rather than responding appropriately to the crisis, which would include developing a modern regulatory system with the flexibility to adapt to changes in the global financial system, we instead have been saddled with an increasingly prescriptive and inflexible regulatory environment that is characterized far more by more regulation than by smart regulation.  --SEC Commissioner Daniel M. Gallagher


While the US economy still remains the most powerful economic engine globally, rather than making US financial markets stronger, could parts of comprehensive financial regulatory reform be making them weaker, or driving economic activity we once took for granted elsewhere?  Important voices both in the the public and private sector have been raising the alarm about the potential that aspects of Dodd-Frank may be putting US financial health in peril rather than protecting it.  SEC Commissioner Daniel M. Gallagher is one such voice.  In a series of speeches before a variety of audiences, Commissioner Gallagher has questioned the effectiveness of Dodd-Frank in protecting us from another financial crisis, criticized the process by which Dodd-Frank was formulated, and worried openly about the quality and quantity of regulation required by the legislation.

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Friday, November 9, 2012

SEC Chief Sees Reg Reform and Consumer Protection as One Goal

Author: David Schwartz J.D. CPA
Despite the legislation's two-part name, "The Wall Street Reform and Consumer Protection Act," SEC Chairman Mary L. Schapiro understands financial regulatory reform and consumer protection to be one thing, not two separate goals.  In her October 26, 2012 remarks at George Washington University, Chairman Schapiro states that she sees Dodd-Frank, though still a work in a progress, as founded on some very simple guiding principles that benefit all market participants in the long run and are the basis for both sound regulation and consumer protection.  According to Schapiro, these principles are:

  • Markets should be transparent. 
  • Regulation should be consistent, without gaps that can be exploited by those who wish to indulge in risky, destabilizing or illegal behavior. 
  • Market participants, not taxpayers, should bear the risks of their market activities. 
  • And regulators should have the willingness and the tools they need to apply these principles to the day-to-day workings of the financial markets. 
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