April 26, 2024

DealBook: Regulators Move to Rein In Speculative Trading

Gary Gensler, chairman of the Commodity Futures Trading Commission.Scott Eells/Bloomberg NewsGary Gensler, chairman of the Commodity Futures Trading Commission.

A divided Commodity Futures Trading Commission on Tuesday adopted new constraints on speculative Wall Street trading, a business that some regulators have blamed for inflating prices at the gas pump and the grocery store.

But the fight over the rule may continue if Wall Street, as expected, takes its complaints to the courts.

The commodity commission, facing threats that the financial industry will sue to block the overhaul, agreed to delay many new limits for at least a year. The agency also exempted some trades altogether, leaving consumer advocates calling for a tougher crackdown.

The so-called position limits rule will cap the number of derivatives contracts a trader can hold on 28 commodities, affecting dozens of traders who now exceed the new limits. The limits will cover an array of goods — oil, wheat, gold and the like — the first time federal authorities have reined in speculative trading in both energy and metals.

“Position limits help to protect the markets both in times of clear skies and when there is a storm on the horizon,” Gary Gensler, the agency’s chairman, said at a public meeting in Washington.

The much-anticipated rule was approved by a 3-2 vote. Three Democratic members approved the rule over the vocal objections of two Republican colleagues.

Scott O’Malia, a Republican member, said he was disappointed by the rule. “Unfortunately, in its exuberance and attempt to justify doing so, the commission has overreached.”

The limits will not take effect anytime soon. Caps on most trading will kick in 60 days after the agency completes a related rule, which is likely to take months. Other commodities will escape the restrictions for at least a year.

The position limits plan has emerged as one of the most contentious rules stemming from the Dodd-Frank act. The Commodity Futures Trading Commission was inundated with letters about position limits — 15,000 comments in total.

Wall Street trade groups were especially vocal. Some industry lobbyists note that Dodd-Frank leaves it to regulators to enforce position limits only “as appropriate.” The groups pushed regulators to interpret the fine print to mean that, in fact, no limits were appropriate.

Other groups even issued thinly veiled threats of legal action. In March, the Futures Industry Association urged the commission to scrap its position limits plan, saying it “may be legally infirm.”

The threats have resonated at the agency in the wake of a court ruling this summer that struck down a separate Dodd-Frank rule at the Securities and Exchange Commission. After the ruling, the commodity commission revamped the position limits rule to better account for the regulation’s costs and benefits.

But Mr. O’Malia said the cost-benefit section was still not up to snuff, leaving the rule “vulnerable to legal challenge.”

Mr. Gensler, however, praised the rule as the nation’s best hope for reining in speculative commodities trading. Over the last few years, the financial industry has increased its speculation in the futures market. At the same time, the prices of the underlying commodities have fluctuated wildly.

Consumer groups and some regulators have faulted excessive speculation for driving a spike in oil and gas prices, saying Wall Street is driving up costs for consumers.

Industry groups contend that speculators are needed to keep liquidity flowing. They also argue that regulators lack data tying speculative trading to price distortions, concerns echoed by Republican regulators.

While the agency has enforced position limits on a handful of agricultural goods for decades, the sprawling new rules apply to 28 commodities, including metal and energy commodities. Existing position limits apply to only nine items.

The new rule adopted on Tuesday would enforce spot-month position limits, or limits on a contract closest to maturity, prohibiting traders from acquiring more than 25 percent of the deliverable supply for a given commodity. For other contracts, the agency will phase in position limits over time, once it gathers additional data.

But some consumer advocates say the rule is not tough enough. It exempts broad ranges of trades placed as hedges against risk and allows firms that trade in certain natural gas contracts to face lighter limits. The final rule did close an earlier loophole that would have relaxed position limits for trades settled with cash payments rather than by exchanging the actual commodity.

At the otherwise contentious meeting on Tuesday, the agency celebrated Mr. Gensler’s 54th birthday, singing “Happy Birthday.”

Mr. O’Malia, saying he would vote against the rule, told Mr. Gensler “You are old enough to know that you don’t get everything you want.”

Article source: http://feeds.nytimes.com/click.phdo?i=1124a4fc594299614abdf52e53fd11cc

DealBook: Trader Pleads Guilty to Threatening Financial Regulators

Mary L. Schapiro, the S.E.C.'s chairwoman, and Gary Gensler, the C.F.T.C.'s chairman.Andrew Harrer/Bloomberg NewsMary L. Schapiro, the S.E.C.’s chairwoman, and Gary Gensler, the C.F.T.C.’s chairman.

Vincent McCrudden, a former trader, pleaded guilty to charges that he threatened to kill more than 40 current and former regulatory officials, including Mary Schapiro of the Securities and Exchange Commission and Gary Gensler of the Commodity Futures Trading Commission.

Mr. McCrudden, 50, admitted on Monday to using e-mails and Internet posts to threaten various officials.

“This defendant crossed the line when he directly threatened to kill public officials who were working to keep our financial markets fair and open, and invited others to join him,” Loretta E. Lynch, United States Attorney for the Eastern District of New York, said in a statement. “He thought he could hide in the shadows of the Internet and disseminate his threats and instructions. He was wrong.”

He sent one email to the vice president and chief operating officer at the National Futures Association, with the subject line “You’re a Dead Man,” according to the release by the Justice Department. On a website operated by Mr. McCrudden, he implored others to join the cause, telling them to go “buy a gun.” The website also included an “execution list” with more than 40 current and former officials at the S.E.C., the C.F.T.C., the N.F.A., and the Financial Industry Regulatory Authority, the Justice Department release said.

“The conduct of McCrudden was way beyond mere speech. By his admission, he not only directly threatened to kill government and regulatory officials, but he also listed dozens of officials and offered a reward to others to kill them,” Assistant Director-in-Charge at the Federal Bureau of Investigation Janice K. Fedarcyk said in a statement. “This outrageous conduct is not only dangerous, but an affront to civil society.”

Mr. McCrudden, who will be sentenced by United States District Judge Denis R. Hurley, faces a maximum prison term of 10 years.

Article source: http://dealbook.nytimes.com/2011/07/18/trader-pleads-guilty-to-threatening-to-kill-financial-regulators/?partner=rss&emc=rss

DealBook: Regulators Are Said to Weigh Softer Derivatives Rules

Scott O'Malia, left, and Jill Sommer, with the Commodity Futures Trading Commission, and the chairman, Gary Gensler, at a meeting in Washington last year.Andrew Harrer/Bloomberg NewsScott O’Malia, left, and Jill Sommer, with the Commodity Futures Trading Commission, and the chairman, Gary Gensler, at a meeting in Washington last year.

Federal regulators are considering backing off a plan to curb Wall Street’s control over the derivatives market, another potential win for the big banks.

Last fall, the Commodity Futures Trading Commission proposed rules that would prevent a bank or financial firm from controlling more than 20 percent of any one derivatives exchange or trading facility. Now, regulators are discussing lowering the cap, according to people with knowledge of the matter.

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The rule, stemming from the Dodd-Frank financial regulatory overhaul, was aimed at tearing down monopolies in the $600 trillion market, which played a central role in the financial crisis.

But as DealBook reported on Thursday, Wall Street has since begun a fierce behind-the-scenes effort to delay or water down many of the regulatory changes passed by Congress in the aftermath of the crisis. Regulators recently agreed to put off the derivatives rules for up to six months.

The commodities agency has held nearly 50 private meetings on the monopoly issue alone, hosting Wall Street titans like Goldman Sachs and Morgan Stanley. A group of regulators also traveled to New York this spring to tour some derivatives exchanges.

Afterward, regulators began reconsidering their proposal to cap bank ownership at 20 percent, according to one agency official. The regulators worried that, without financial support from banks, exchanges could fold, this person said.

The agency has not yet reached a final decision, according to the people. An agency spokesman did not return a request for comment.

As Wall Street pushes the commodities agency to soften the proposals, federal prosecutors are calling for regulators to beef up the rules.

Christine Varney, the Justice Department’s antitrust chief.Alex Wong/Getty ImagesChristine Varney, the Justice Department’s antitrust chief.

The proposals “may not sufficiently protect and promote competition in the industry,” Christine Varney, the Justice Department’s antitrust chief, said in a December letter to regulators. Ms. Varney, who will soon leave the government to join Cravath, Swaine Moore, likened the situation to “three or five largest airlines controlling all landing rights at every U.S. airport.”

As The New York Times reported late last year, the Justice Department has been investigating possible anticompetitive practices in the derivatives industry.

Article source: http://feeds.nytimes.com/click.phdo?i=1baa2cc1b29a38eaceb670911b7ffc01

Still Writing, Regulators Delay Rules

The Securities and Exchange Commission said on Wednesday that market participants would not have to comply with many aspects of derivatives reform scheduled to take effect in mid-July. It declined to specify how long the delay would be in the equity derivatives it oversees.

The announcement follows a similar statement on Tuesday from the Commodity Futures Trading Commission, although that agency imposed a year-end deadline for many of the changes in the derivatives it oversees.

The idea of changing the deadline had been divisive at the commodities commission. The two Republicans on the five-commissioner board had wanted to create an extension without a deadline. The Democrats, however, wanted a specific date to keep some pressure on the group to complete the rule writing, according to three participants in the meeting.

The commissioners ultimately agreed unanimously on the extension, but the dispute illustrates the political divide that has been brewing in Washington for months as regulators work to roll out hundreds of rules required by the Dodd-Frank financial reform legislation of last summer.

Though the Dodd-Frank measure was passed with bipartisan support, it has come under fierce criticism from many Republicans as well as some Democrats with financial constituents, who have urged regulators to slow the rule writing. Republicans are also trying to shave financing from agencies like the Securities and Exchange Commission and the Commodity Futures Trading Commission, which now have a larger workload in writing and enforcing scores of new rules.

Gary Gensler, the Democratic chairman of the trading commission, testified in Congress on Wednesday about the agency’s limited resources. In an interview, he pointed out that the derivatives market is seven times the size of the futures market, which his agency has long overseen.

“This agency has been asked to take on a very expanded mission,” he said. The decision this week to push back the derivatives deadline, he added, “was not about delay. It was just giving the market the certainty while we’re completing the rules.”

Regulators have missed more than two dozen deadlines for new Dodd-Frank rules, which cover a swath of topics, be it consumer protections in mortgage lending, bank responsibilities for dealing with city governments, or future resolution powers for troubled financial institutions. The legislation was the government’s main response to the financial crisis, and it is supposed to rein in Wall Street and reduce the kind of risk that led to the market implosion three years ago.

Observers say that the two delays this week make sense: with regulators so behind schedule, putting some of the rules into effect could be problematic. Still, regulatory experts warned that delays could be dangerous.

“Sounds like common sense to me,” said James J. Angel, a professor at the McDonough School of Business at Georgetown. “The regulators have this tsunami of work dumped on them, and it’s important to get it right.”

Still, he said, it is unclear whether the banks calling for a slowdown have legitimate concerns.

“You don’t know whether they’re just whining because they’re trying to get a few more pennies or if this is really Armageddon to them,” he said.

At hearings, bank officials have urged regulators to move slowly, saying that the rules will be better if created with greater care and consideration. The industry also has warned against what its officials call the “big bang” approach, under which many rules would take effect at once.

One difficulty is that many rules are related, and some rules drive others. Nowhere is this more true than in the derivatives market, where financial insurance contracts are written to protect against many different risks.

For instance, the rules to impose position limits in some commodities derivatives, like oil contracts, may depend in part on how much money financial players hold in different investments. But the commodities commission has been unable to demand all the data on these holdings — and the banks have not been volunteering — until it has written certain other rules and passed the one-year mark on the law.

The law specified that some derivatives rules would go into effect next month, no matter the status of rule writing, and those are what both financial commissions voted to delay this week.

At the commodities commission, Democrats and Republicans agreed that the July deadline for many rules was untenable because its staffers had not even finished defining terms like “swaps dealer” — an entity that buys and sells a type of derivative.

Jill Sommers, one of the Republican commissioners at the commodities regulator, said in an interview that she absolutely wants the rules to go into effect. But the commission needs to take its time, she said. “We didn’t want a date,” Ms. Sommers said. “We’re trying to makes sure we don’t miss anything. I think we need to be very deliberate.”

One of her opponents in the meeting was Bart Chilton, a Democrat. He said in an e-mail on Wednesday that he worried that having no deadline would take away much needed urgency. “We should be putting the hammer down and making up for lost time,” he wrote. “That means doing what the agency has done: given us a time certain — the end of the year — in which to complete our work.”

The commission has three Democrats, but one, Michael Dunn, has his term expiring this summer. He can stay on beyond that date, but if he chooses to leave, a successor is sure to face fierce confirmation questions in the Senate, where lawmakers are heavily divided on the new rules.

Edward Wyatt contributed reporting.

Article source: http://feeds.nytimes.com/click.phdo?i=f0fff3f46b4ebc577589462f47c21007

Financial Overhaul Is Mired in Detail and Dissent

The delays come as regulators extend public comment periods on the rules, and as some on Wall Street and in Congress resist the changes. One result may be that many new safeguards do not take hold in earnest before the next election, an outcome that could open the door for newly elected officials to back away from the overhaul.

The rules are mandated by the Dodd-Frank financial regulatory law and range from curbs on executive compensation to consumer banking protection provisions to more transparency in the trading of derivatives, those complex financial instruments that contributed to the 2008 financial crisis.

So far, 28 of the financial overhaul rule-making deadlines have been missed, according to Davis Polk, a law firm that is tracking the rules. Of the 385 new rules to be written, the law firm says, regulators have completed only 24 requirements; they were supposed to have taken 41 such actions by now.

“There’s an attempt to kill this through delay,” said Michael Greenberger, a law professor at the University of Maryland and a former official at the Commodity Futures Trading Commission, which is in charge of writing batches of the rules. “The difference between eight or nine months and 24 months could be cataclysmic here.”

The setbacks and resistance extend across many types of new rules, including ones to limit the debit card fees that banks can charge retailers and to require banks to retain more of the risk in certain home loans.

But the efforts were especially apparent at a hearing last month in Washington related to derivatives. Some of the most powerful players in the derivatives market — which is closely controlled by just a small group of banks — argued that the government should allow a slow pace of changes for rewriting derivatives contracts.

On Monday, the Treasury secretary, Timothy F. Geithner, spoke about the Dodd-Frank rules in a speech in Atlanta, warning that there were efforts by groups that oppose the reform to starve regulators of the resources they need to put new rules in place.

“Those in the U.S. financial community who are supporting these efforts to block resources and appointments are looking for leverage over the rules still being written,” Mr. Geithner said.

He specifically focused on derivatives rule-writing, where some financial groups have complained that European rules may differ from the new rules in the United States. He said he hoped regulators in Europe and Asia would create standardized rules to prevent a “race to the bottom.”

Regulators in the United States overseeing the process say it is difficult to tell how many of the concerns that financial executives and their lobbyists raise are valid and which ones are exaggerated. 

“For us, it’s a question of figuring out the legitimate interests of folks who say, ‘Wait a minute, slow down’ because they really want us to get it right, and some of them who really have an ulterior motive of just running the clock out,” said Bart Chilton, one of the three Democratic commissioners of the commodities futures trading agency, which is overseeing most rule-writing for derivatives. “It’s going a lot slower than I had envisioned.”

Financial firms argue that slower deliberations may lead to smarter outcomes. Some lawmakers agree, and some voted in recent weeks in Congressional committees to delay derivatives rules at least a year. Many of those rules were to have been completed by the July anniversary of the Dodd-Frank bill.

Regulators have been swamped by public comments and asked for more funds and personnel to meet the demands. In April, the C.F.T.C. extended all of its derivative comment periods for a month. 

“Right now there’s a tacit truce on the deadlines,” said Margaret E. Tahyar, a partner at Davis Polk, which represents financial institutions. “Really, it’s the right thing to have a little bit more time on this. There really hasn’t been anything like this ever before in terms of rule-makings.”

Perhaps nowhere are the stakes higher for the megabanks than with derivatives, which insure against many different risks in the economy. Some of the Dodd-Frank rules center on increasing security and transparency in this $600 trillion market. For instance, many are related to clearinghouses, which provide a central repository for money backing those wagers. Some of the changes threaten to cut into banks’ lucrative profit margins. 

At the derivatives round table in May, bankers and other representatives of financial firms asked for substantial implementation periods on derivatives rules. For instance, Athanassios Diplas, of Deutsche Bank, said the bank would need 18 to 24 months “simply to sign documentation” related to the new rules because of “bandwidth” issues, according to a transcript from the event.

Article source: http://feeds.nytimes.com/click.phdo?i=c557645f3d0847200d8fcadb2db04545

DealBook: Derivatives Firms Face New Capital Rules

Financial regulators proposed new rules on Wednesday that would require large derivatives trading firms to bolster their capital cushions, the latest attempt to reduce risk in the $600 trillion swaps market.

The rules, proposed by the Commodity Futures Trading Commission, are largely aimed at swaps dealers — brokerage firms, big energy trading shops and Wall Street bank subsidiaries that arrange derivatives deals. The plan also would apply to so-called major swaps participants, companies that are either highly leveraged or have huge positions in swaps contracts.

The agency’s commissioners voted 4 to 1 in favor of advancing the proposal to a 60-day public comment period, after which they must vote on a final version of the rules. Scott D. O’Malia, one of the agency’s two Republican commissioners, voted against the proposal.

The proposed rules are a result of the Dodd-Frank Act, the financial regulatory law enacted last year. The law mandated an overhaul of swaps trading, an unregulated industry that was at the center of the financial crisis.

The commission has already proposed rules that would require many swaps — a type of derivative contract that can be tied to the value of commodities, interest rates or mortgage securities — to be traded on regulated exchanges.

But for months, the commission had declined to say which types of swaps would face the new rules. On Wednesday, after months of deliberation, the commission said its swaps definition would include foreign currency options and foreign exchange swaps and forwards.

The commissioners voted 4 to 1 to propose the definition, which would exempt insurance products and consumer transactions like contracts to purchase home heating oil.

The commission’s separate proposal to build capital cushions in the derivatives industry could help prevent a repeat of the 2008 financial collapse, regulators say.

In the lead-up to the financial crisis, investors bought billions of dollars worth of credit default swaps as insurance policies on risky mortgage-backed securities. When the underlying mortgages soured, American International Group and other companies that sold the swaps lacked the capital to honor their agreements.

Under the commission’s new plan, those firms would have to put aside enough cash to cover unforeseen calamities. Regulators, until recently, had little authority to set any rules for the swaps market.

“Capital rules help protect commercial end-users and other market participants by requiring that dealers have sufficient capital to stand behind their obligations,” Gary Gensler, the commission chairman, said in a statement.

Still, there is no guarantee that enhanced capital levels will avert future disasters. And there is no magic capital number that regulators see as a cure-all; different firms will face different requirements.

Swaps dealers and major trading firms that are already registered with the commission as futures brokers would have to hold at least $20 million of adjusted net capital, on top of existing requirements.

Other firms that are subsidiaries of big banks would have to meet the same capital standards as the parent company, while storing away at least $20 million of Tier 1 capital.

Yet another set of firms would have to keep tangible net equity equal to $20 million, in addition to putting aside funds to cover market and credit risk.

The commission’s proposal covers more than 200 firms expected to register as swaps dealers and major swaps participants.

The commission also voted to reopen or extend the public comment period 30 days on its earlier rule proposals. The agency plans to finalize most Dodd-Frank rules by the fall.

Article source: http://dealbook.nytimes.com/2011/04/27/derivatives-firms-face-new-capital-rules/?partner=rss&emc=rss