A few months back, The Audit’s Elinore Longobardi took a a long look at how the press failed in its coverage of a 1994 report on derivatives regulation from the Government Accountability Office, the nonpartisan investigative arm of Congress.
The study, headed by James L. Bothwell, then director of financial institutions and markets issues at the GAO, came on the heels of a series of disasters, including the bankruptcy of Orange County, California, in the fast-growing derivatives markets. The report flashed red about the need to regulate what was (and would, alas, remain) a veritable Wild West of financial “innovation”:
Much OTC derivatives activity in the United States is concentrated among 15 major U.S. dealers that are extensively linked to one another, end-users, and the exchange-traded markets…
This combination of global involvement, concentration, and linkages means that the sudden failure or abrupt withdrawal from trading of any of these large dealers could cause liquidity problems in the markets and could also pose risks to the others, including federally insured banks and the financial system as a whole.
Although the federal government would not necessarily intervene just to keep a major OTC derivatives dealer from failing, the federal government would be likely to intervene to keep the financial system functioning in cases of severe financial stress. While federal regulators have often been able to keep financial disruptions from becoming crises, in some cases intervention has and could result in industry loans or a financial bailout paid for by taxpayers.
That wasn’t all. Bothwell was back in front of Congress in 1996 reporting that the cosmetic measures the industry had made to preempt regulationwere insufficient.
We thought it would be interesting to see what the author of those reports had to say fifteen years later, in the wake of a disaster that has proved the GAO right—especially since the financial press has done little or no recent reporting on the happenings of 1994 (something that might be illustrative as the financial industry battles to preserve the status quo even now).
I caught up with Bothwell, who now owns Financial Market Strategies LLC, over lunch in Alexandria, Virginia, to talk about his hard-hitting, clear-eyed report, the reaction to it, and the similarities to today’s crisis.
THE AUDIT: I was just reading the new Gillian Tett book about the genesis of credit-default swaps at JP Morgan, and she calls the failure to regulate derivatives in 1994 “one of the most startling triumphs for a Wall Street lobbying campaign in the twentieth century.” What happened?
JAMES L. BOTHWELL: This report created a firestorm of industry and regulatory backlash after it was issued. The industry financed and formed a tremendous backlash to defeat our legislative recommendations. This consumed me for almost twelve to eighteen months, talking about this report and defending its recommendations.
TA: We’re just now coming out of three decades where a zealot like Alan Greenspan was considered mainstream, celebrated as an oracle, the “maestro”—a financial god, essentially. That’s the environment that your report came out into. Did you think you’d face the resistance that you did from people in power, especially from the Clinton administration? They campaigned in ‘92 as sort of anti-Wall Street.
JB: They started lobbying me before the report came out. I knew exactly the extreme resistance we were going to get.
TA: The Clinton administration did? Was that inappropriate for them to lobby you while you were working on it?
JB: Yes, I think so.
As part of the audit process, whenever we have a draft you always let the auditee review the draft and comment on it. This one we knew they (regulators and derivatives dealers) were marshaling their forces already. They knew it was coming. Then we actually had a joint meeting in this big formal briefing room and we called them all in. And we were carefully guarding the draft and gave the industry and all the relevant regulators the draft to review on-site at GAO.
Rather than give us comments the regulators were just taking extensive notes about what it said and what was the logic of the argument—they wanted to inform their counteroffensive.
Wow. Great interview. Let's take up a collection and send Bothwell on some kind of lecture tour. I'm only half kidding.
#1 Posted by edward ericson jr., CJR on Wed 15 Jul 2009 at 03:00 PM
Thanks for the positive comment Edward. I always said I prefer quality over quantity. It's not a bad idea either. Move over Al Gore, I am ginning up my own Powerpoint presentation on the rape of the U.S. taxpayer by Wall Street titans, And there is a lot more to tell...e.g. the FDIC guaranteeing Goldman Sachs' bonds and the bulk of the AIG assistance going directly to Goldman to make them whole on their swap positions. And them scoring record profits and record bonuses to boot! I wonder how that happened? But I guess that can be considered legitimate pay-for-performance. Afterall, it's not everyone who can get the U.S. taxpayers to absorb what otherwise would have been billions in losses for them. And Ryan even left my remarks about the GSEs (privatize or liquidate asap) on the cutting room floor!
#2 Posted by James Bothwell, CJR on Thu 16 Jul 2009 at 06:56 PM
I did indeed have to leave it on the cutting-room floor, alas.
Jim had so much good stuff to say that not everything could make it!
#3 Posted by Ryan Chittum, CJR on Thu 16 Jul 2009 at 08:25 PM
Mr. Bothwell, I am a friend of Alex's from Bucknell and she sent me the link... I want to thank you for your candid and honest interview. It was an absolutely fascinating read and very educational for a young finance professional like myself. I wish they would get you on a CNBC documentary or something! Thanks for your hard work and hopefully people will learn from your honest assessment of the current system!
#4 Posted by Kieren Detweiler, CJR on Fri 17 Jul 2009 at 02:02 PM
This is fantastic reporting. However, it's 2009...15 years later, as you note. How come it took so long to go back and review this critical area aka derivatices? This is historical reportage at this stage. Yet, it does qualify as "investigative," to be sure.
#5 Posted by Gregman2, CJR on Wed 22 Jul 2009 at 05:17 PM
This is fantastic reporting. However, it's 2009...15 years later, as you note. How come it took so long to go back and review this critical area aka derivatices? This is historical reportage at this stage. Yet, it does qualify as "investigative," to be sure.
#6 Posted by Gregman2, CJR on Wed 22 Jul 2009 at 05:18 PM
Thank you, thank you for such an insightful article/s! I was looking for information on derivatives and found the March 2009 article which led me to the GAO study and then found this article. Trying to be an educated American citizen is hard with a press that fails us so dramatically - thank you CJR for being there! I'm a history teacher and always looking for ways to expand my understanding on a number of topics and I'm going to share your articles with others. Congratulations on great investigative journalism. I feel letters to my Congressmen coming on!
#7 Posted by Linda Morse, CJR on Thu 23 Jul 2009 at 08:34 AM
Bothwell was part of the problem, he did not push more necesary Regulation. he warned regulation would push companies overseasm, Thus he was in league wiht Clinton and Morons.
#8 Posted by nick, CJR on Tue 27 Oct 2009 at 09:52 PM
Nick you are obviously a pathetic braindead bag of garbage. I've read over a hundred comments on the work of Bothwell and they range from excellent work to why can't we have this guy as president. Get a life.
#9 Posted by David Reynolds, CJR on Tue 29 Jun 2010 at 03:47 PM
Thanks for the support David. President? Maybe Treasury Secretary or Comptroller of the Currency is a better fit.
#10 Posted by James Bothwell, CJR on Fri 9 Jul 2010 at 02:38 PM
Please continue to be a beacon of light. Thank you for time and efforts to protect the taxpayer.
#11 Posted by laura london, CJR on Sun 2 Sep 2012 at 02:20 PM