Glass-Steagall and the Future of Regulatory Reform

Jan. 25, 2010 5:51 PM ETAIG, C, FMCC, FNMA7 Comments
Chad Brand profile picture
Chad Brand

There has been a lot of talk lately about the repeal of Glass-Steagall in the 1990’s and the potential that such a move contributed greatly to the financial crisis. Glass-Steagall, originally passed in 1933, had many parts to it but it is most widely known to have disallowed commercial banks that gathered customer deposits and gave out loans from also being investment banks that would underwrite securities and trade for their own account.

The logic of Glass-Steagall makes sense: banks should not use depositor or government capital to fund internal hedge funds. Should the enormous risks the trading desks take turn sour, it puts customers’ deposits in jeopardy and reduces the amount of lending the firm can do. Not to mention the fact that cheap government funding is given to banks to boost lending and the economy, not to generate trading profits for the firm’s partners.

Despite the soundness of the law, those who maintain that the repeal of Glass-Steagall was a leading contributor to the financial crisis are off base. Why? Because most of the casualties of the financial crisis were not banks at the time. Off the top of my head I can name AIG (AIG), Fannie Mae (FNM), Freddie Mac (FRE), Lehman Brothers, Bear Stearns, and Merrill Lynch.

None of those firms were commercial banks but they lost the most money. Those losses came from poor mortgage underwriting, poor insurance underwriting and extreme leverage ratios of up to 40-to-1. More effective government regulation surely could have helped prevent such monumental downfalls (minimum underwriting standards and leverage limits to name a couple), but a combination business model of commercial and investment banking was not the culprit by any stretch of the imagination.

Now there were commercial banks that failed or nearly did during the recent crisis. Wachovia and Citigroup (C) are the two big ones. But again, Glass-Steagall would not have prevented this. Citigroup was hampered by its leverage and significant holdings in mortgage backed securities, CDOs and SIVs. Wachovia failed after it acquired a California-based mortgage lender that pioneered interest-only, pick-a-payment and option ARM mortgage products. Such poor, undocumented, mortgage underwriting doomed them from the start, not investment banking (Wachovia did little, if any).

I am all for better regulation of the financial services sector, but many of the ideas floating around do not really address the core issues the industry faces. Not only that, existing regulators and laws easily allow for better regulation, without further changes, even though modern products such as credit default swaps and futures contracts clearly need to be regulated going forward.

This article was written by

Chad Brand profile picture
Chad Brand is the founder and President of Peridot Capital Management LLC, a Seattle-based independent registered investment advisor (RIA), specializing in highly customized investment management services for individuals and families. We work with our clients to deeply understand their goals and help craft and execute personalized plans in order for them to reach their short, intermediate, and long-term financial objectives. Our company’s goal is to provide our clients with a financial professional who acts as their personal financial concierge, providing the kind of unique client relationship that makes them feel like they are the firm’s only client. This philosophy is in stark contrast to the country’s largest investment firms, which often put sheer size and profits above their customers’ interests.REGULATORY DISCLOSURES:Peridot Capital Management LLC is a registered investment advisor in the states of Maryland, Missouri, Texas, and Washington. The firm may not transact business in states where it is not registered or exempted from registration. In most states, the firm is exempt from registration if it has fewer than six clients who are residents of that state. As a result, Peridot Capital Management LLC is free to provide services to residents of every state and applies for registration as required. Individualized responses to persons that involve either the effecting of transactions in securities, or the rendering of personalized investment advice for compensation, will not be made without registration or exemption. The content published represents the opinions of Mr. Brand and he and/or his clients may hold positions in securities discussed. Such positions will be disclosed at the time of publication, although subsequent changes to those positions will be made without notification. The information contained in posts is believed to be accurate when published, however, mistakes could be made. As a result, do not rely on the content exclusively for your investment due diligence. The commentaries published do not way constitute investment advice, as readers’ personal investment goals and risk tolerances will dictate which investments are appropriate for them. Our posts are meant to be one of many sources for readers to conduct their own research into specific investments. Consult an investment professional before acting solely on information provided. If you do not have an investment professional to work with, you may contact Peridot Capital Management LLC directly.

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