Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Thursday, January 08, 2009
Steve Chapman :: Townhall.com Columnist
The Empty Case For More Regulation
by Steve Chapman
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Was the Copenhagen Global Warming Summit Walk-Out a Win for the U.S.?


If there is anything we have learned from the crisis in the financial sector, it's the urgent need for more regulation. Had federal regulators been more vigilant or wielded greater powers, all this suffering and heartache might have been averted. That's the story we've been told, and it must bring a rare smile to the face of Bernard Madoff.

Madoff was the manager of a Wall Street investment fund that he allegedly confessed to his sons was "one big lie" and "a giant Ponzi scheme." But "giant" fails to capture the scale of his fraud, which may have lost $50 billion, more than the entire gross domestic product of most of the countries on Earth.

Also striking is that his alleged victims were not rubes and simpletons but individuals of exceptional wealth and financial acumen -- including various tycoons, as well as managers for banks, pension funds and hedge funds. Even Madoff's own son, who worked for his father's firm, invested millions of dollars of his own money in the supposedly phony fund.

A Ponzi scheme, as it happens, is not a scam of dizzying complexity. It's the oldest scam in the book. You take money from new investors to pay off previous investors, and you keep doing it until the new infusions can't keep up with the withdrawals. It's about as simple as financial trickery gets.

So if regulators had been paying attention, they would have detected what was going on, right? After all, as one expert noted, Madoff was conspicuously unable to attract a lot of big institutions. "There's no Harvard management, there's no Yale, there's no Penn no State of Texas or Virginia retirement system," James Hedges IV of LJH Global Investments told Fortune magazine.

Why not? "Because when you get to page two of your 30-page due diligence questionnaire," said Hedges, "you've already tripped eight alarms and said, 'I'm out of here.'"

So you would think all this would have caught the eye of any regulators who were half-awake. But regulators, it turns out, were not oblivious to what was going on. Nor were they lacking in means to rein Madoff in.

In fact, as The Wall Street Journal reported the other day, the Securities and Exchange Commission had been suspicious of his methods for a long time. It had even heard in 2005 from a competing investment executive who drafted a 21-page report arguing that Madoff was running a Ponzi scheme.

The government had actually investigated him -- not once or twice, but "at least eight times in 16 years," according to the Journal. Yet it "never came close to uncovering" the operation, which may have begun as early as the 1970s.

So what makes anyone think that future bureaucrats, no matter how vast their authority, will be able to do better? Advocates of stricter regulation often talk as though the choice for protecting investors is between imperfect market mechanisms and foolproof government regulations. In fact, governments, like every other institution, are staffed by fallible individuals who can be fooled as easily as anyone else.

The call for more federal control overlooks inconvenient facts. The first is that con artists will often outfox regulators, if only because they have far more to gain from carrying off a fraud than civil servants have to gain from stopping it. If the SEC couldn't catch the brazen Madoff in eight tries, what suggests we should place greater faith in the ability of other agencies trying to monitor a vast network of financial companies?

Banks have been decimated by their purchase of mortgage-backed debt that has gone bad. But banks operate in one of the most heavily regulated sectors of the economy. The call for more intervention assumes that if one aspirin won't cure a case of pneumonia, two will.

And if America's weird aversion to regulation is the problem, how come banks in government-addicted Europe are in the same hole? "By some measures, in fact, European banks exposed themselves to even higher levels of risky debt than American banks did," the International Herald Tribune reported in October.

Federally imposed rules are no match for a mass outbreak of reckless abandon, and they're no substitute for individual prudence. A new burst of regulation would eventually confirm those truths, but the mess we're in should be lesson enough.

Share:
Vote on It:
Average Vote:
 
About The Author
Steve Chapman is a columnist and editorial writer for the Chicago Tribune.
 
TOWNHALL DAILY: Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
 
©Creators Syndicate
Regulationm, shmegulation!
"The call for more intervention assumes that if one aspirin won't cure a case of pneumonia, two will."

Aspirin, shmaspirin, there's one way and one way only to fix this mess: behead it.

No head? No problem. We simply surrender D.C. to Putin and let Haliburton and Blackwater run national security. That way, Haliburton can rebuild the places it lays waste to and we ALL can be shareholders w/ a piece of the action.

I learned, on the daily kuss the other day, that Bin Laden and al qeda are working for us anyways so, I say we sick them on our enemies, starting w/ Putin and then work our way down through NK, to Venezuela, to Cuba, to Syria, to Iran and finally to OBL himself. By the time he figures out what's going on, the detonator will already have been set on his own donkey. BYE-BYE OBAMA OSAMA!

Wait until he finds out those 72 virgins are babies the Chinese government destroyed in forced abortions, AND THEY'RE ALL MASTERS OF MIXED MARTIAL ARTS!...AND THEY'RE FREAKIN' PI**ed AWF!!! HI-YAH! EAT ABORTED CHINESE DEATH MUTHA-FATWA!!!

Think on this:
I received this in an email from a friend it was written by a 15 year old high school
student (I don't know the authors name)
With the state of schools today it's what's needed:

NEW School prayer :


Now I sit me down in school

Where praying is against the rule

For this great nation under God

Finds mention of Him very odd.

If Scripture now the class recites,

It violates the Bill of Rights.

And anytime my head I bow

Becomes a Federal matter now.

Our hair can be purple, orange or green,

That's no offense; it's a freedom scene.

The law is specific, the law is precise.

Prayers spoken aloud are a serious vice.

For praying in a public hall

Might offend someone with no faith at all.

In silence alone we must meditate,

God's name is prohibited by the state.

We're allowed to cuss and dress like freaks,

And pierce our noses, tongues and cheeks..

They've outlawed guns, but FIRST the Bible.

To quote the Good Book makes me liable.

We can elect a pregnant Senior Queen,

And the 'unwed daddy,' our Senior King.

It's 'inappropriate' to teach right from wrong,

We're taught that such 'judgments' do not belong.

We can get our condoms and birth controls,

Study witchcraft, vampires and totem poles.

But the Ten Commandments are not allowed,

No word of God must reach this crowd.

It's scary here I must confess,

When chaos reigns the school's a mess.

So, Lord, this silent plea I make:

Should I be shot; My soul please take!

Amen

Can't see the forest for the trees.
The problem is not that regulation failed.

The problem was the mentality and mindset that viewed government regulation as the problem..that placed complete faith in market's ability to self regulate.

William Seidman, the longtime GOP economic advisor who oversaw the S&L bailout in 1991, cuts to the chase:

"This administration made decisions that allowed the free market to operate as a barroom brawl instead of a prize fight. To make the market work well, you have to have a lot of rules."

Even Alan Greenspan, whose owl-eyed visage would adorn a Mount Rushmore of unregulated capitalists, has begun to see the light, telling a House committee in October that he "made a mistake in presuming that the self-interests of organizations, specifically banks and others, were such that they were best capable of protecting their own shareholders and their equity in the firms."

How many times do anti-regulation fanatics have to be hit 'crosside their heads' before the truth sinks in?

Even anti-regulation gurus have seen the error of their ways.

I do agree with those who fear that excessive regulation stifles innovation and productivity.

And we must exercise care as a nation that the pendulum does not swing too far in the direction of regulation.

But some regulation is needed.

And Americans instinctively know it.

.

Hey jerabaub
You quote Greenspan? This rube had a direct hand in this mess. Not from regulation, but from lowering interest rates so low that money was almost free to give out, no matter the persons ability to pay. How do you explain the article pointing out Europe's mess? They are regulated to the gills, yet fell into this deep hole as well. The markets are built to estimate risk vs. profit. This was taken away by the government who threatened banks who did not loan money to deadbeats. Tell me, Sir, how is this tied to TOO MUCH regulation? Come on, think man! Don't drag your ignorance into this forum, we know better!

How about greed and ignorance
I find it curious that no one mentions that the investors were just greedy and should have known that an 8 to 12 percent return during the whole period was out of line. Sort of reminds me of the teamsters members who were quite happy with Hoffa as long as they got theirs. Greed and our failing education system will get you eventually.

M
"Former Federal Reserve Chairman Alan Greenspan said a 'once-in-a-century credit tsunami' has engulfed financial markets and conceded that his free-market ideology shunning regulation was flawed". From bloomberg.com in Oct. 2008.

I think I will let Greenspan speak for himself...this admirer of Ayn Rand sees the dearth of regulation as being responsible for the meltdown, even if you don't.

Europeans simply thought we in the U.S. knew what we were doing.

The problem began here and infected Europe as well.

From the AARP Magazine(Jan.-Feb 2009): "Because loans(in the U.S.)were securtized--meaning lenders quickly bundled and sold them to investors around the globe--bad debt has not only infected banks(worldwide)but has hurt enterprises that rely upon trading in securities, such as muncipalities and pension funds".

Following is from an article by Daniel Daianu, Member of the EUROPEAN Parliament:
:
The current crisis is a heavy indictment of “market fundamentalism”. This crisis points the finger at major weaknesses of a model of economic and business governance, with its under-regulation and inadequate supervision of markets..."

AND:

"The scope and nature of this financial crisis refutes glaringly those who have said that the financial industry is capable of self-regulation . There is a need to revise the regulatory frameworks for the operation of investment vehicles; hedge funds, all other investment vehicles, the shadow banking sector, in general, have to be regulated."

Sounds like he disagrees with your assertion European markets are regulated to the gills.

Why put faith in more regulation
Simply make the penalty for breach of fiduciary duty a criminal rather than civil matter and throw the bums in the clink and throw the key away. Maybe when a financial guy like Madoff gets caught his penalty could be to work the rest of his days as an autoworker.
There's teeth.
I might also entertain an idea to make proxy voting illegal. Therein lies the control management exercises over the board. This is backwards.

Let's legalize murder!
After all, police are often incompetent. Criminals regularly "outfox" law enforcement. Why bother?
So this is what passes for right wing "thought"?
The fact that free-marketeers that didn't believe in regulating markets failed to regulate markets is hardly surprising. If we put the NAMBLA in charge of arresting sex offenders, they probably wouldn't do a stellar job either.
Let's see if Obama's crew can do a better job. I'm betting they will.

S & L Fiasco
A poster on another thread said it best. In the financial disasters, government is the Mafia, and greedy individuals are the street thugs.

Government regulations had the S & L's in critical condition when the 1986 Tax Law finished them off. Congress had passed laws giving tax incentives for investing in certain types of real estate. In 1986, those incentives were removed without any transition period, the artificially inflated values plummeted, the owners turned in the keys, and the S & L's did not have enough collateral at the reduced values to survive.

Contrary to government monopoly school indoctrination, big government causes poverty. We do not need any more regulations (fascism) to cause even more problems which will then be blamed on someone else.

?More Regulation
I’m of the opinion that “smart” regulation is required with “just right” enforcement. The regulations currently in place are outdated and they were not even enforced consistently. Wall Street and company are constantly scheming to circumvent or otherwise squelch or mitigate regulations and politicians are usually willing to accommodate for a thinly concealed kickback. If a crisis “precipitates a desperate need” for regulation you can bet they will not address the problems for long if at all and they will soon be circumvented again. There first has to be transparency and deep understanding of the processes that Wall Street utilizes and ANY changes must be monitored and scrutinized for adverse effects. This is the level playing field necessary for all “players” and a major step in eliminating fraud, etc. Then, a careful balance between these processes and the regulatory checks and measures must be implemented. The checks/measures must be the right ones, in the right way, and in the right amount. That has never been accomplished effectively over time.

the way it is.
Government regulations impacted the Savings and Loan debacle to the extent the regulations were RELAXED to permit S&L's to invest in risky commerical properties, where previously they were not permitted.

This coincided with the commerical real estate bubble that burst soon after these institutions began investing in them.

So the relaxation of regulations permitted the Savings and Loans to invest in property that was soon to be radically diminished in value.

Relaxation of existing regulations contributed to the fiasco.

Regulation is the Problem
Despite what many high profile politicians have said, America has not had a free market for nearly 100 years. It has been a managed economy for that entire time. Deregulation has not been a problem. Deregulation is the answer, the problem comes about because politicians try to do a phased deregulation instead of a huge, across the board cut of all of them.

When regulation exists, that gives the individual or entity the implied protection from any and all risk. Banking and investing is heavily regulated, why not invest in mortgage backed securities? Fannie Mae and Freddy Mac are doing it, regulators haven't stopped it, therefore it is perfectly safe.

When regulations exist, it basically tells people that we no longer have to be prudent or worry about possible negative impacts. Government is there to do it for us, to weed out all the chaff so all we ever get are safe, risk-free investments.

Europe is in bigger trouble not because they assumed Americans knew what they were doing but because they had "stricter" regulations in the financial sector. Europeans assumed their all-knowing elected officials would be an impregnable vanguard against all failure and fraud. Turns out, that was a load of bunk.

Regulations cause people to behave in reckless manner. From the CRA that forces banks to lend to high risk individuals and the Federal Reserve implying that there is so much available capital that we need to give it away to the SEC telling investors that they don't have to do any research and can simply invest in anything and everything and it will be safe from fraud, graft or poor business models.

The real enabler of fraud here is regulation, not the free market, which simply doesn't exist. Blaming the free market on this mess is just as believable as blaming Dracula or the Easter Bunny. Like Dracula, an American free market is nothing more than fiction.

justin
"When regulation exists, that gives the individual or entity the implied protection from any and all risk."

So are you suggesting there be no speed limits on highways?

After all, speed limits are a form of regulation, and while adherence to them MAY imply some protection from risk, certainly the absence of them would bring about infinitely more risk, along with chaos.

In the case of the Autobahn, there may be sections where no speed limit exists, but there still exists regulations restricting access and egress so as to minimize chance of accidents.

At any rate, no one would advocate opening most American roads and highways to such an idea.

And this from a very irate driver who got a ticket not long ago for driving 52 mph in a 40 mph zone.

The local constables fined me $142, and to this day it has rekindled my long dormant anarchist streak.

Very unfair.

It was nothing more than local govt blatant effort to compensate for reduction in tax revenue due to the dismal economic environment.

Still very steamed about it.


Regulation
Remember that it was federal regulations that forced the banks and Freddie and Fannie to give lopans to unqualified buyers. No prudent bank manager would have given those loans, but the Feds insisted. Then the Feds insisted that they increase their bad loans to 40% of their holdings. Giving 40% of your loans to risky, unqualified borrowers is a sure way to disaster. Government intervention can be a risky thing.

Speed Limits
Using a straw man, shame on you. Even if it is a well known fact that speed limits are used more as a revenue generating function (states with lower speed limits tend to have more ticket revenue and, conversely, higher insurance rates), this is completely irrlevant to the concept of business regulation. What implied safty measure does a speed limit give a motorist? Does a speed limit tell a motorist that he can simply set cruise control at the posted limit and drive on without having to pay attention to what is in front of him? No.

Business regulation gives that implied protection that you don't have to pay attention, that you can simply put on a blindfold and invest without checking out the prospectus. The Madoff case was very easy to see. Many investors rejected the prospectus because it was fishy, all without the benefit of hindsight. But prudent investors that pay attention to the markets aren't commonplace, most simply assume it is safe because we have an SEC, becuase of Sarbanes-Oxley, because of other regulatory functions.

Regulations are only as good as the people who follow them. Regulation, like any other law, is just paper. Most regulation is built around watching someone fail at business. Oddly enough, these businesses act as examples to other businesses. The fact the business failed is the incentive. Creating a regulation that requires oversight just makes things expensive and creates an environment that scam artists can thrive in and kills competition in favor of large, established firms who can afford to cover the regulatory costs. Smart people generally aren't in politics or Government, the ones that couldn't make it in the private markets are. These aren't the people we should be trusting to look after our lives. You're the only one responsible.

Social Security
Didn't Madoff realize that individuals are not allowed to run Ponzi Schemes? Only our imperial government can do that.

Justin
Maybe so.

But if regulations are only as good as the people who follow them, then presumably no regulations can constrain those who won't follow them.

Which seems to bring us to sorting of people who accept a moral or ethical code of behavior, versus those who don't.

Did not law and regulation emanate from notions of morality and ethics?

Are they so different? They both seek the same ends...modification of behavior.

Now these laws, regulations, modifications of behavior, can be self-imposed, or imposed by an external entity.

Enlightened self interest rather than onerous government intervention?

But didn't Greenspan himself concede he "made a mistake in presuming that the self-interests of organizations, specifically banks and others, were such that they were best capable of protecting their own shareholders and their equity in the firms."

So what are you saying
Is the author's point then that since the regulation we currently have failed to stop Madoff, that we should do away with regulation altogether?

There was an excellent article in the New York Times talking about Madoff and the SEC.

http://www.nytimes.com/2009/01/04/opinion/04lewiseinhorn.ht ml?ref=opinion

The author's premise is that the regulators often fail to adequately do their jobs because of the fear that it will affect their employment opportunities in the future. If that is the case, and it certainly makes sense to me, the problem is not the regulation itself but the people we put in charge of them.

Why not change the policy of the SEC to say that regulators cannot accept jobs from companies that fall under their discretion for a set amount of time after they leave the SEC. It would be similar to contract clauses in the corporate sector already that restrict the employee from taking a job with a competing company for a set period of time after they leave the company they are currently contracted with.

Experience is important,
but brains are more important.

Think of the 10’s of thousands of bankers, brokers, lawyers, economists each with 6 or 8 years of education in their profession, and 10 to 20 and even 50 years experience of daily work in their specially.

When the financial giants get experience, they make use of what they learned the same way a politician does, after he gains seniority.

Look at the Congress, and tell me that the most experienced members of Congress are each and every one the best. Tell me about Rangel and Byrd for a couple of examples.

Just remember that the only thing worse than a government regulation, is the stupidity and criminal activity of members of whatever industry has been regulated. I don’t remember any regulation that was enacted before some greedy, criminally oriented group of individuals made it necessary.

Be Careful
Pray that the trillion dollar bailout of The U.S. economy will work. If it does not the national debt will be over 8 trillion dollars. That huge debt will cause a loss of faith in the U.S. dollar and the bankruptcy of the government. The next step will have to be restructuring. This can only be done by keeping the profitable states and letting the rest go.


on 11/13/1787 it was said.....
"God forbid we should ever be twenty years without a rebellion. the people cannot be all and always well informed.The part which is wrong will be discontented in proportion to the importance of facts they misconceive, If they remain quiet under such misconceptions,it is a lethargy, The forerunner of death to the public's liberty...
And what country can preserve it's liberties if it's rulers are not warned from time to time that this people preserve the spirit of resistance? ...
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.It's natures manure..."

Thomas Jefferson 11/13/1787

Here is the deal
Make regulators take responsibility for their lack of diligence and action. Do more than slap their wrist; make them pay fines and reimburse a portion of their salaries made while sleeing on the job. There is nothing like fear to awaken a slug.

Chapman: Empty Case...
Your case is full of sense...enough said!

Regulation by the Government???
Government regulation is putting the fox in charge of the hen house.

Fannie Mae? Freddie Mac? BATF?

Okay, the BATF is not technically a regulatory agency but they are a crime wave against we citizens.

Like Fed Financial Regulation
If you like the Federal regulation and oversite of the financial industry just wait for the newly empowered Obama EPA.
This new cabal of unelected officials will have you jumping for joy as they use the contrived "catastrophic global warming crisis" to ration energy via carbon/CO2 restrictions.
It does not matter that CO2 has never been proved to be more than a minor contributor to warming, there have been three major divergences in CO2 levels and rising temperatures in the last 100 years(for you liberals that means CO2 continues to go up while temperatures go down), Arctic Ice is back within the normal range, Polar Bear populations still a slowing increasing, the total mass of Antarctic Ice continues to grow, and that there is FAR, FAR more correlation between the Pacific Decadal Oscillation (PDO)and temperatures and finally that temperatures have cooled since 1999 without the coming massive Federal regulations on economic and personal liberties.

Chapman
Have you ever heard of the term "dim bulb."
It appears to fit.

Laws will always be broken, regulations will
always be ignored. This is not a perfect world.
It does not mean that they are not worth having.
Mr. Madoff will be doing jail time, not
pulling even more people into his schemes and
scams.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.