slipped in as a rider to the Omnibus Spending Bill 2000, by PHil Gramm made trading in Credit Default Swaps legal and unregulated.
THe Fed has regulatory authority over banks which are part of the Federal REserve System. Wall Street investment banks were not in the Fed Reserve System until just the last few months as they got into troubble and had to be saved.
Nobody even knew how much of these Credit Default Swaps anybody was holding until the banks started to open their books when they got bailed out. Government is only now finding out just how much is hanging out there committed to CDSs (e.g. AIG).
Now, the SEC had a meeting in 2004 and was told by the WSBs that they didn't need to be held to the 12:1 Debt to Equity RAtios anymore (why did they think that? because they bought CDSs and they thought they were protected from default risk) and that they wanted to have reserve requirements relaxed to 33:1 Debt to Equity ratios (instead of the previous 12:1 ratio). After a meeting that lasted about 55 minutes, the SEC changed the reserve requirements on WSBs.
As a result of this deal however, the SEC gained the power to look at the WSBs books and even set up an office to do that, the Risk Management Office. But
Cristopher Cox, SEC chairman (appointed after this 2004 meeting) basically shut down the office and did not monitor what the banks were up to.
They wanted an exemption for their brokerage units from an old regulation that limited the amount of debt they could take on. The exemption would unshackle billions of dollars held in reserve as a cushion against losses on their investments. Those funds could then flow up to the parent company, enabling it to invest in the fast-growing but opaque world of mortgage-backed securities; credit derivatives, a form of insurance for bond holders; and other exotic instruments.
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The 2004 decision for the first time gave the S.E.C. a window on the banks’ increasingly risky investments in mortgage-related securities.
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The commission assigned seven people to examine the parent companies — which last year controlled financial empires with combined assets of more than $4 trillion. Since March 2007, the office has not had a director. And as of last month, the office had not completed a single inspection since it was reshuffled by Mr. Cox more than a year and a half ago.
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But the agency never took true advantage of that part of the bargain. The supervisory program under Mr. Cox, who arrived at the agency a year later, was a low priority.
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Mr. Cox dismantled a risk management office created by Mr. Donaldson that was assigned to watch for future problems.
You see, Christopher Cox, like fellow Republican Phil Gramm (sponsor of the CFMA which legalized trading in Credit Default Swaps) was sure that the market would police itself.
Phil Gramm's Deregulation Disaster: The American Dream Going Down