Zombie Regulation

Public Policy chaos is hard to miss these days. One moment it’s which health plan will make its way through the blue dogs in the Senate and the liberals in the house. The next moment it’s escalation of military actions in Afghanistan; probably where the original quagmire reference was developed at the dawn of time. Look this way!!! No look that way!!! Then there’s the forgotten war against financial risk excess. I could create a pretty good argument that much of the chaos might be to distract us from the rumblings still coming from the Wall Street fault line. Good thing the Europeans are looking, because it seems that we’re certainly not. That means they’ll be at least one safe place to put your money, eventually. Unfortunately, it won’t be here.

The Chief Executive of the Vampire squid was in Germany this week telling the Europeans exactly what they wanted to hear (h/t to myiq2xu). This should’ve elicited the “D’oh” heard round the world. Problem is, no one in the U.S. is listening. We have yet to see any serious proposal to regulate and standardize the types of complex financial derivatives that nearly brought the world economy to it’s knees less than a year ago.

Lloyd Blankfein, chief executive of Goldman Sachs, on Wednesday admitted that banks lost control of the exotic products they sold in the run-up to the financial crisis, and said that some of the instruments lacked social or economic value.

In a speech to the Handelsblatt banking conference in Frankfurt, he also repeated an attack, first made in the spring, on Wall Street compensation practices, calling the furore over bankers’ pay “understandable and appropriate”.

The startling message from the head of the world’s most high-profile investment bank echoes comments by Lord Turner, chairman of the Financial Services Authority, the UK regulator, who provoked controversy last month when he questioned the social value of much investment banking activity.

Mr Blankfein said: “The industry let the growth and complexity in new instruments outstrip their economic and social utility as well as the operational capacity to manage them.”

This is so true. When it takes an army of lawyers to work on one tranche and the contracts it involves, when it takes math that requires physicists turned financiers to price the silly things, and when the resolution process is so whacked that it can take months to figure out who owns what, you’ve got control problems. Even more true is the fact that investments in these products doesn’t really create anything of value. It ties capital up in arbitrage and speculation rather than placing it the hands of entrepreneurs that actually create products and services. Top it off with cash out flows via bonuses from stock holders to what amounts to a professional gambling class and you’re bound to create a major clusterfuck eventually. So, given the clusterfuck last year, why aren’t we rewriting financial law?

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