Planet Money’s Jacob Goldstein makes a great catch this morning, noting that The Wall Street Journal and New York Times have stories about Wall Street and the delayed installation of Dodd-Frank regulations, but that “they tell very different stories about what the delays mean.” And indeed they do.
The Journal’s frame is that Wall Street is upset over the delay of derivatives rules and that it’s causing “uncertainty.” Here’s its lede:
Banks, investors and companies are scrambling to cope with uncertainty caused by regulators’ delays in fleshing out the Dodd-Frank financial-overhaul law, amid fears the holdup might disrupt the $583 trillion derivatives market and spark a wave of lawsuits.
The Times, though, points out that it’s Wall Street that is delaying the rules:
The delays come as regulators extend public comment periods on the rules, and as some on Wall Street and in Congress resist the changes…
But the efforts were especially apparent at a hearing last month in Washington related to derivatives. Some of the most powerful players in the derivatives market — which is closely controlled by just a small group of banks — argued that the government should allow a slow pace of changes for rewriting derivatives contracts.
Moreover, no less of a Wall Street friend than Tim Geithner says the banks are throwing up roadblocks to the rules, the Times notes:
On Monday, the Treasury secretary, Timothy F. Geithner, spoke about the Dodd-Frank rules in a speech in Atlanta, warning that there were efforts by groups that oppose the reform to starve regulators of the resources they need to put new rules in place.
“Those in the U.S. financial community who are supporting these efforts to block resources and appointments are looking for leverage over the rules still being written,” Mr. Geithner said.
This is a prime example of the Times out-Journaling the Journal, giving us the context and background we need to get our arms around what’s really going on. The WSJ misleadingly presents the story almost as if it’s a natural disaster—delays that just happen for no reason or, if you read between the lines, government incompetence. But while regulators surely deserve some blame here, their problems are not happening in a vacuum. Here’s the Times:
“There’s an attempt to kill this through delay,” said Michael Greenberger, a law professor at the University of Maryland and a former official at the Commodity Futures Trading Commission, which is in charge of writing batches of the rules. “The difference between eight or nine months and 24 months could be cataclysmic here.”
Let’s reduce these stories to their essences to see more readily what’s going on here.
The Times says banks are trying to run out the clock on regulations. The Journal says banks are upset about uncertainty caused by the delays in the regulations. So we can deduce from looking at the information from both stories that banks aren’t concerned about the delays at all—how could they be when they’re pressing to slow the process down? They’re concerned about the regulations themselves.
In other words, they don’t want them at all, and they’re still “uncertain” if they’ve bought enough politicians and captured enough regulators to seriously water them down or delay them until the Republicans take the White House next year and scrap them entirely.
Which just goes to show you, as we’ve seen before with the Journal, that “uncertainty” is a red flag that an argument is almost surely utterly bogus corporate PR.
The Journal was happy here to regurgitate the spin. Applaud the Times for not buying it.
Further Reading:
“Uncertainty” Trotted Out in the Journal. Business code for “we may not get our way.”

Having just found this site and very happy to know that at least someone is trying to point out some of the many errors in modern journalism, I am a little confused by this critique. I admit that I do not know anything about the subject of derivatives rules but the above article does nothing to inform the reader of why the wall street journal is actually in error. All it really does provide are some quotes from people "who should know". No facts, no reports on the hearings and why the extensions have been provided, no rational/factual arguments.
I think the term used commonly is: ‘He said - She said’. That is all this is.
Forgive me if you do not share this view, but if your going to take the time to critique something, I believe you should take the time to really go into depth and provide the facts behind the matter that the reader can follow up on after reading the article. In my opinion, this is the largest single issue why journalism is in the state of decay it is in. It is why I no longer buy a paper, am unwilling to pay for online news and believe that most of the news I see is close to worthless. ‘ He said - She said’, is not a reporting technique worth anything. I don't care what some "reporter's" opinion is if they are unwilling to provide any facts that I can verify. If I can however follow up and actually determine that you have not just made up some facts to meet a deadline and then agree with your assessment, then the next time - I will care. And I might actually pay to follow that reporter.
The first sentence of this sites mission statement proclaims a desire to: "...encourage and stimulate excellence in journalism in the service of a free society."
How does 'He said - She said' articles posted here, actually promote that statement?
#1 Posted by Jake, CJR on Tue 7 Jun 2011 at 11:29 PM
Hi, Jake,
I thought it was pretty clear from the Times reporting I quote here that the banks are actively attempting to stall the derivatives rules and that the Journal didn't report that, instead saying they are upset about the delays.
#2 Posted by Ryan Chittum, CJR on Wed 8 Jun 2011 at 12:00 AM
Jake wrote: I believe you should take the time to really go into depth and provide the facts behind the matter that the reader can follow up on after reading the article.
padikiller: It's nice to have someone else calling Ryan out on his latest Black Helicopter kookiness...
The same hackneyed Chittum Chestnut... "Wall Street" is "running out the clock" on regulators.. And to support this ridiculous conclusion? Nada. Crickets chirping.
James, being a newbie, expects (and even has the nerve to demand) some of those "fact-thingies" that he presupposes so densely populate this strange realm of self-described "professional journalism". He will soon eschew such naiveté if he suffers through a few more of Ryan's articles.
Facts?! Ryan doesn't need no stinkin' facts!
We learn that the NY Times says that some unknown person claims that "some" unnamed bankers are somehow "resisting" implementation of regulations. There you have it! It's all "Wall Street's" fault! It can't be the government's fault! That's all we need.
But wait! There's more!
Timmy "Tax Cheat" Geithner also says that there are unspecified "efforts" by unidentified "groups" to somehow "starve" regulators of the ability to regulate by "denying" them unnamed "resources" by some unknown means. Who exactly? Why exactly? How exactly? What exactly? When exactly?
Who cares, damn it?
Can't you people hear the rotors of the Black Helicopters spinning up?
#3 Posted by padikiller, CJR on Wed 8 Jun 2011 at 08:04 AM
Jake says, "It is why I no longer buy a paper, am unwilling to pay for online news and believe that most of the news I see is close to worthless."
Id like to say that if Jake had taken a moment out of his busy day, some time during the previous decade or so, to read a paper or log in to the innerwebs he would know what derivatives are, why they are unregulated and why "Wall Street"--i.e., Citi, UBS, Goldman Sachs, J.P. Morgan and Morgan Stanley--likes it that way. But probably not. The story has been under-reported.
For his edification, then: "over-the-counter" derivatives are, in effect, betting slips. They allow large financial institutions and companies to bet money that a commodity's price will rise or fall, a currency will strengthen--or weaken, a bond, or group of bonds, will default or pay off. They are styled as complex contracts between and among sophisticated investors, and they can indeed be used to "hedge" real business concerns, much like an insurance policy.
But they need not be, because they are unregulated.
Because they are unregulated, companies that write the contracts and (theoretically) back the contracts with real capital do not necessarily have to have the capital it takes to back them up, the way an insurance company (theoretically) has to.
Also, because they are unregulated, (and unmonitored), they are extremely lucrative for the men who write the contracts. Every time one of these contracts get written up, the company for whom the lawyers and bankers who fashioned the contract work for gets a goodly slice of the action. The Vig, let's call it.
Unmonitored, "customized" contracts make it hard for the industrial companies (whose risk-averse VPs enter into these contracts in order to CYA) to comparison-shop on price. The vig, then, gets set by the bankers, who tend to have an inflated conception of their own value to society. So juicy is this vig that some collectors of it have enthusiastically referred to its collection as "ripping [the client's] face off."
Because they are unregulated, OTC derivatives are largely unmonitored by the big bad gummit. That means that trillions of dollars can be bet one way or another without central bankers (or the main players in the game) knowing who has what chips on the table--who stands to win, and who stands to lose. Because of that, the derivatives market destabilizes the world's economy.
That is what happened in 2008. It nearly happened before that in 1998.
In the past, efforts to regulate OTC derivatives were opposed by Robert Rubin, who went very soon after to a big job at CitiGroup, and Alan Greenspan, who thought until recently that regulation of financial markets was unnecessary. The law specifically exempting OTC derivatives from regulation was penned by then Sen. Phil Gramm of Texas, whose wife, Wendy, sat on the board of Enron, which used derivatives (and other scams) to defraud millions of people out of billions of dollars. Mr. Gramm works now for UBS. He denies any responsibility for the world's economic troubles.
What is happening today, notwithstanding Padiwacker's bleating, is well understood by anyone who has paid attention as the predictable next step in a drama that has been ongoing for two decades.
That this group--of those who have been paying attention--is barely larger than the group whose members have collected the phenomenal vig, is among the most intractable problems. One of the others is, as Ryan points out, the fact that such incredible vig buys a lot of congress.
#4 Posted by edward ericson jr., CJR on Wed 8 Jun 2011 at 03:08 PM
600 words of non-responsive nothingness from Edward...
Thanks for the anti-capitalist history of derivative contracts.
Of course, every investment is a "betting slip".
The IOU's in the Social Security trust fund are "betting slips". So are carbon credits, urban renewal bonds, etc, etc,
What Jake wanted to know is WHO are these "some" people who are purportedly working behind the scenes to thwart regulation? HOW are these unnamed villains planning to "deny" unspecified "resources" to regulators? WHAT are these "resources"?
It's not that we don't appreciate the liberal/commie take on this history of derivatives... It's just that we're looking for some of those fact-thingies to show that Ryan's contention that "Wall Street" is "running out the clock" on regulators is anything other than another one of his fairy tales. When you can get back to us with some, we'll be all ears.
#5 Posted by padikiller, CJR on Wed 8 Jun 2011 at 03:40 PM
600 words of non-responsive nothingness from Edward...
Thanks for the anti-capitalist history of derivative contracts.
Of course, every investment is a "betting slip".
The IOU's in the Social Security trust fund are "betting slips". So are carbon credits, urban renewal bonds, etc, etc,
What Jake wanted to know is WHO are these "some" people who are purportedly working behind the scenes to thwart regulation? HOW are these unnamed villains planning to "deny" unspecified "resources" to regulators? WHAT are these "resources"?
It's not that we don't appreciate the liberal/commie take on this history of derivatives... It's just that we're looking for some of those fact-thingies to show that Ryan's contention that "Wall Street" is "running out the clock" on regulators is anything other than another one of his fairy tales. When you can get back to us with some, we'll be all ears.
#6 Posted by padikiller, CJR on Wed 8 Jun 2011 at 03:43 PM
Well!! It looks like I'm getting a better deal from my full subscription in NYT than I would from Wall Street Journal. But even when I was to get it "free" the early part of the past decade from WSJ, they didn't have the energy to throw my paper at my door. Instead they left it on the mailbox next to the sidewalk. "I wonder why it often was missing???!!"
This too sounds like the Re;publicans' actions last week of putting up a bill they knew they themselves would be voting down--and told WSJ about it beforehand.
Hypocrisy wins time and again!
#7 Posted by trish, CJR on Wed 8 Jun 2011 at 07:41 PM