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Financial reform bill stumbles in Senate

1 of 2. Senator Ben Nelson (D-NE) remarks about a compromise for his vote on healthcare legislation at the U.S. Capitol in Washington, December 19, 2009.

Credit: Reuters/Jonathan Ernst

WASHINGTON | Mon Apr 26, 2010 6:48pm EDT

WASHINGTON (Reuters) - The most sweeping overhaul of U.S. banking rules since the Great Depression stumbled in the Senate on Monday as Republicans united to prevent action on the bill.

The vote gives Republicans leverage to extract more concessions from Democrats on a measure that could ban banks from several lucrative types of trading and subject them to greater oversight.

Needing 60 votes in the 100-seat Senate to begin debate on the bill, Democrats fell three votes short.

The setback is not likely to be permanent. Lawmakers in both parties said they are close to agreement and the Senate could take up the bill later this week.

As Wall Street reels from a fraud case against Goldman Sachs Group Inc, lawmakers from both parties are eager to crack down on the financial industry before the November congressional elections. The vote came a day before Goldman executives were due to appear before a Senate panel.

"All of us want to deliver a reform that will tighten the screws on Wall Street. But we're not going to be rushed on another massive bill," Senate Republican Leader Mitch McConnell said ahead of the vote.

More than two years since the near-collapse of Bear Stearns ushered in the worst U.S. banking and capital market crisis in generations, both sides in the Senate were locked in negotiations toward a possible bipartisan compromise.

President Barack Obama and his fellow Democrats want tighter rules to prevent a repeat of the 2008-2009 crisis, which tipped the economy into a deep recession. Republicans see a need for reform, but say the Democrats' bill is a government overreach.

The future shape and profitability of the banking industry hangs in the balance.

The bill would form a consumer watchdog, bar banks from trading unrelated to clients and devise a new process for dismantling troubled financial firms. It also would crack down on the unpoliced $450 trillion derivatives market that helped ignite the financial crisis.

Democrats, who control 59 votes in the Senate, needed to hold their ranks and garner at least one Republican vote to begin debate on the bill.

But they came up short when conservative Democrat Ben Nelson joined Republicans to block the bill by a vote of 57 to 41. According to the Wall Street Journal, Nelson had sought to modify the bill to protect home-state investor Warren Buffett.

Senate Majority Leader Harry Reid also voted no, a tactical move that allows him to bring up the measure again once he secures the needed Republican support. "The only thing Republicans stand for is standing together," Reid said.

Republicans have struck a conciliatory tone and said they expect a final bill to pass by a wide margin.

The stakes are high for Obama. Since the passage of his landmark healthcare restructuring, he has sharply criticized Wall Street in speeches backing the Democratic bill.

Obama said he was "deeply disappointed" by the vote.

"Some of these senators may believe that this obstruction is a good political strategy, and others may see delay as an opportunity to take this debate behind closed doors, where financial industry lobbyists can water down reform or kill it altogether," Obama said in a statement.

Roughly two-thirds of Americans want stricter financial regulations, according to a Washington Post/ABC News poll released on Monday.

Hundreds of lobbyists for banks and Wall Street, sometimes working closely with Republicans, have been working for months to block or weaken the reform plans, which threaten bank profits, particularly in the lucrative derivatives market.

Bank stocks fell on Monday, with the KBW Banks index down 3.1 percent. The financial crisis hit bank stocks hard, but they are up 30 percent so far this year.

Democratic Senator Jeff Merkley told the Reuters Global Financial Regulation Summit on Monday that the bill Democrats were offering would require banks to spin off swap-trading units.

Swaps are a type of financial contract implicated in the downfall of bailed-out insurer AIG and other firms that bet heavily in the derivatives market.

Obama administration officials have declined to say whether they support that approach, though officials have praised the broader bill.

Republicans have focused their criticism on an element of the bill that would aim to end bailouts of "too big to fail" firms like Goldman. Democrats want an "orderly liquidation" process. As proposed, the bill aims to protect taxpayers from costly bailouts, like that of AIG, while shielding the economy from shock bankruptcies like Lehman Brothers' 2008 collapse.

Senator Richard Shelby, the lead Republican negotiator on the issue, has said it does not sufficiently ensure that taxpayers won't be on the hook for future bailouts.

"I am hoping that we can get a bill. I would like to get a bill this week, or next week, as soon as we can," he said after meeting with Democratic Senate Banking Committee Chairman Christopher Dodd a few hours before the vote.

HOUSE CLEARED BILL LAST YEAR

The U.S. House of Representatives approved a reform bill in December. Whatever the Senate produces would have to be merged with the House bill before a final measure could go to Obama to be signed into law. Analysts expect that by mid-year.

The reform debate has intensified amid the high-profile fraud case brought by the U.S. Securities and Exchange Commission against Goldman, a titan of Wall Street.

Goldman released three-year-old emails over the weekend that showed bond trader Fabrice Tourre wrote of the impending collapse of the subprime mortgage market and how he was masterminding ways at Goldman to make money from it.

Tourre is the only individual charged by the SEC in its case. Goldman released the e-mails as it readies for its appearance before a Senate panel on Tuesday.

Goldman Chief Executive Lloyd Blankfein and Tourre are slated to testify, with other former and current executives.

Goldman Sachs and Blankfein were hit with a shareholder lawsuit on Monday claiming they hid key details about a risky transaction that resulted in the SEC charges.

(Additional reporting by Rachelle Younglai, Thomas Ferraro and Tabassum Zakaria; Editing by Will Dunham)

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Comments (20)
Tom1934 wrote:
Relying only on regulations to rein-in “too big to fail” (TBTF) financial and other corporate institutions is OK, but folly, as clever CEO’s will work around them and Republican administrations will ignore or not enforce them.

Creating a $50-billion bailout fund of our money to assist TBTF’s that were to fail in spite of the additional regulations would be another waste.

Common sense dictates that TBTF’s should simply be eliminated, by setting a statutory limit of $100-billion on the size of corporations doing business in our country. Exceed that limit and break yourself up! The resulting smaller entities would be more manageable and better competitors. If they fail, let them go into bankruptcy!

Apr 26, 2010 8:19am EDT  --  Report as abuse
jebahoula wrote:
The media’s fanfare about SEC fraud charges against Goldman Sachs is designed to scare politicians into passing the so-called financial reform bill, which will increase the power of the monopoly banks, reduce their competition from other financial institutions and ultimately raise borrowing costs to consumers and lower returns to investors.

This show is a smoke and mirrors ploy to pass the Bill.

This Bill will give to the Federal Reserve, a puppet of huge monopoly banks like Goldman Sachs, control over their remaining banking competition, what their media calls the “shadow banking system”. Their remaining competition is composed of financial institutions, such as, Fidelity, Vanguard, Charles Schwab, American Century, etc… which act like banks with checking accounts, savings, mutual funds, lending and brokerage services.

Contrary to the media hype of a “new” financial order, the recent financial crisis created by the Federal Reserve has crushed their banking competition and kept the “old” financial order in power that has governed the U. S. since the reign of Abraham Lincoln (1861-1865).

In three years these monopoly banks have bankrupt, bought, or gained control of much of their banking competition in this “shadow banking system”, such as, Countrywide Financial, Lehman Brothers, Bear Stearns, AIG, CIT, etc…

It should be no surprise that the largest monopoly banks left in power are Goldman Sachs, Citibank, J.P. Morgan Chase, Wells Fargo, Bank of America, Mellon Bank of New York and Morgan Stanley.

All, except Bank of America, are part of the “old” financial order that mushroomed into power about 150 years ago during and after Lincoln’s Tax War. Remember, Lincoln declared in his First Inaugural Speech (paragraphs 4, 21 and 32) that he started his war solely to collect his new 40% import tax from Southerners under the Morrill Tariff Act of 1861.

With the passage of his National Bank Act of 1863, Abraham Lincoln, a puppet of Northern banks and industries, re-established Alexander Hamilton’s centralist banking system in the United States, which set the foundation for the present day Federal Reserve System.

Under his First Legal Tender Act of 1862, Lincoln printed worthless paper money displaying images of Alexander Hamilton and Lincoln’s Treasury Secretary Salmon P. Chase (as in Chase Bank), which ultimately destroyed State banking.

Consumers and small businesses will have to lick the boots of the few elitist banks of the “old” financial order to obtain a loan. Investors and savers will have few options in their choices for high yields and returns on their investments.

Right now these monopoly banks are borrowing from the Federal Reserve at 1% and lending to consumers, via credit cards, at up to 30%. Price gouging is always the result of establishing monopolies and most governments are created to maintain and increase the power of monopolies.

Apr 26, 2010 9:15am EDT  --  Report as abuse
aelemay wrote:
It seems members of Congress think they know better than people who are much smarter, and work harder, than they do.

The Obama administration seems hell-bent to destroy private initiative and to bring government control over every facet of life in America.

Well, it wont work. We are seeing private hospitals all over the world who cater to Americans, even before Obamacare kicks in. When a foreign hospital can competently do procedures at less than 10% of the artificially inflated American costs, then something has to change.

For years, the insurance industry has moved offshore, and the arbitrary controls and rules the Congress is legislating will make Wall Street move its securities operations to London, or elsewhere.

Apr 26, 2010 10:13am EDT  --  Report as abuse
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