Posts Tagged ‘Brooksley Born’

Elizabeth Warren Ideal Head for the Bureau of Consumer Financial Protection

Thursday, August 19th, 2010

Elizabeth Warren to be our new consumer protection czar.  A leading candidate to head the new Bureau of Consumer Financial Protection is Elizabeth Warren, although her potential nomination is not without controversy.  Writing on CNN Money.com, Katie Benner says “Detractors say that Warren lacks experience, that she’s not impartial, and that she could make it so expensive to extend credit that only the richest Americans and biggest businesses could get a mortgage, a credit card or a loan.  But these knocks against Warren obscure the likely impact that she would have on the bureau.  And mostly, they are straw men.”

Warren is a Beltway outsider and a Harvard law professor.  She did take leave in 2008 to head the Congressional Oversight Panel (COP), which evaluates TARP and oversees the Treasury Department.  Since its inception, the COP has published 22 detailed reports with little dissent, despite multiple differences of opinion regarding economics and politics among the staff members.  Ken Trotske, an economist who serves on the panel, describes Warren as a consensus builder.  “I’m in awe of the work they turn in to meet that schedule, because it’s a demanding schedule.”

In its two years of existence, COP has become an intellectual hub in Washington, D.C.’s efforts to understand the relationship between the federal government and Wall Street.  According to Benner, “The outcry over Warren’s impartiality is a through-the-looking-glass twist on the current state of our regulatory affairs.  It bears repeating that it’s a good thing for the head of an agency designed to protect consumers to actually put the interests of consumers first.  For the last few years, as was made imminently clear by the implosion of 2008, Wall Street regulators were doing anything but regulating.”

In Benner’s words, “Someone like Warren is a shock to that system.  She unabashedly sides with consumers.  She hates fine print and contracts with ‘gotcha’ clauses.  She wants to eliminate predatory loans.  And she thinks that it’s okay for bank profits to be crimped in service of a level playing field between borrowers and their lenders.

The Canary in the Mine Shaft

Thursday, March 25th, 2010

Brooksley Born predicted market collapse and financial meltdown and nobody listened.  A decade before the financial meltdown, one woman was sounding the alarm that a catastrophe was coming.  That woman is Brooksley Born, who correctly predicted that investments known as over-the-counter derivatives could cause a financial crisis.  As Chairman of the Commodity Futures Trading Commission (CFTC) during the second Clinton administration, Born would wake up “in a cold sweat” fearing that derivatives like credit-default swaps might cause the economy to implode.

Ultimately, Born’s worst fears became reality despite the fact that former Federal Reserve chairman Alan Greenspan had dismissed her concerns.  According to Born, Greenspan “explained there wasn’t a need for a law against fraud because if a floor broker was committing fraud, the customer would figure it out and stop doing business with him.”  The comment made no sense to Born, a Stanford-educated lawyer who had spent most of the 1980s defending clients enmeshed in a conspiracy perpetrated by Nelson and William Hunt, the wealthy Texas brothers who had duped investors while trying to control the world silver market.

The CFTC was established in the 1970s, primarily to regulate futures contracts bought by farmers as a hedge against price fluctuations.  By the time Born took the CFTC’s helm in 1996, the futures market had grown more sophisticated.  Born believed that the mostly unregulated “dark markets” were showing signs of trouble.  “I was very concerned about the dark nature of these markets,” Born said.  “I didn’t think we knew enough about them.  I was concerned about the lack of transparency and the lack of any tools for enforcement and the lack of prohibition against fraud and manipulation.”

Born has now been vindicated, and the Obama administration has introduced legislation to regulate the derivatives markets.  Additionally, she was honored with a prestigious John F. Kennedy Profiles in Courage award last year.