Administration unveils financial system overhaul
By MARTIN CRUTSINGER, AP Economics Writer Martin Crutsinger, Ap
Economics Writer 2 mins ago
WASHINGTON – The Obama administration on Thursday unveiled a sweeping
overhaul of the financial system designed to impose greater regulation
on major players like hedge funds.

Treasury Secretary Timothy Geithner told lawmakers that the changes
are needed to fix the flaws exposed by the current financial crisis,
the worst to hit the country in seven decades.

The goal is to repair a system that has proven "too unstable and
fragile," he said.

"Over the past 18 months, we have faced the most severe global
financial crisis in generations," Geithner said in testimony to the
House Financial Services Committee. "To address this will require
comprehensive reform. Not modest repairs at the margin, but new rules
of the game."

The administration's proposal, which will require congressional
approval, would represent a major expansion of federal authority over
the financial system. It would impose tougher standards on financial
institutions judged to be so big that their failure would represent a
risk to the entire system.

It also would extend federal regulations for the first time to all
trading in financial derivatives, exotic financial instruments such as
credit default swaps that were blamed for much of the damage in the
meltdown.

The administration also wants larger hedge funds to be required to
register with the Securities and Exchange Commission.

In addition, the administration proposed the creation of a systemic
risk regulator to monitor the biggest institutions. Geithner did not
designate where such authority should reside, but the administration
is expected to support awarding this power to the Federal Reserve.

The plan also includes a measure that Geithner and Fed Chairman Ben
Bernanke discussed before the committee on Tuesday to give the
administration expanded powers to take over major nonbank financial
institutions, such as insurance companies and hedge funds that were
teetering on the brink of collapse.

That power was aimed at preventing a repeat of the problems
surrounding insurance giant American International Group Inc., which
sparked a furor last week when it was revealed the company had
distributed $165 million in bonuses to employees of its financial
products group. The unit specialized in trading credit default swaps,
the instruments that drove the company to near-collapse last fall.

"Let me be clear," Geithner told the committee. "The days when a major
insurance company could bet the house on credit default swaps with no
one watching and no credible backing to protect the company or
taxpayers must end."

The administration, pushing for quick action on its reform agenda,
sent Congress a 61-page bill dealing with the expanded powers to seize
control of nonbank institutions late Wednesday.

The House committee, chaired by Rep. Barney Frank, D-Mass., has
indicated it could move on the measure as early as next week.

However, it was unclear how fast the rest of the financial reform
agenda might move through Congress. Geithner on Thursday provided only
a broad outline of the other proposals. Many thorny details will need
to be worked out.

Administration officials promised that the remaining issues would be
hammered out in consultation with Congress with the goal of getting
legislation approved as quickly as possible.

The administration wants hedge funds and other private pools of
capital, including private equity funds and venture capital funds, to
be required to register with the SEC if their assets exceed a certain
size. The threshold amount has yet to be determined.

The proposal on credit default swaps and other derivatives would
require the markets on which they are traded to be regulated for the
first time, and for the buying and selling of these instruments to be
conducted in ways that will foster greater oversight.

Credit default swaps, which trade in a $60 trillion global market
without government oversight, are contracts to insure against the
default of financial instruments like bonds and corporate debt. They
played a prominent role in the credit crisis that brought the downfall
of investment banking giant Lehman Brothers Holdings Inc. last fall
and nearly unraveled AIG, forcing the government to provide more than
$180 billion in support.

Hedge funds, vast pools of capital holding an estimated $1.5 trillion
in assets, operate mostly outside of government supervision. As the
market crisis deepened last fall, hedge fund selling was widely cited
as one of the reasons for increased volatility that pounded stocks and
bonds. Hedge funds also suffered huge losses last year, notably from
investments in securities tied to subprime mortgages.

The outline of the regulatory reform was unveiled a week before
President Barack Obama is scheduled to meet for discussions among the
Group of 20 major industrialized and developing countries in London to
assess what needs to be done to deal with the global financial crisis.

While the administration is pushing other nations to follow the U.S.
lead in putting together sizable economic stimulus programs to
jump-start global growth, many in Europe are resisting those calls and
arguing that the U.S. needs to do more to toughen financial
regulations. They believe the current troubles can be traced to lax
regulation in the U.S. over such key areas as hedge funds and credit
default swaps.

Requiring hedge funds to register would open their books to inspection
by regulators. The SEC sought that authority several years ago but was
stymied by a federal appeals court in 2006.

Hedge funds have grown explosively in recent years while operating
secretively. They have lured an increasing number of ordinary
investors, pension funds and university endowments — meaning millions
of people now unwittingly invest in hedge funds indirectly.

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