To: Bobby Yellin who wrote (19683 ) 9/27/1998 2:24:00 PM From: goldsnow Respond to of 116759
Congress to regulators: please explain bailout By Joanne Gray, Washington After months of warning other countries about the perils of lax financial system regulation, top US financial supervisors are now under attack about the quality of their own oversight. The US Congress has demanded that regulators testify to Congress as early as this week on the operations and regulation of the hedge fund industry after the $US3.6 billion bailout of Long-Term Capital Management, a rescue steered by the New York Federal Reserve. The US Treasury Secretary, Mr Robert Rubin, the Federal Reserve chairman, Dr Alan Greenspan, New York's Fed president, Mr William McDonough, the Securities and Exchange Commission chairman, Mr Arthur Levitt, and the Commodity Futures Trading Commission chairwoman, Ms Brooksley Born, will appear before the House of Representatives Banking Committee. They will be grilled on the bailout, the risks faced by other speculative funds, the relationship between banks and the funds they lend to and trade on behalf of, and whether their hedge funds should face tougher regulation. "We expect to look particularly at the systemic risk problem, whether some funds may be overleveraged and what does it mean for the economy as a whole," said the House Banking Committee chairman, Mr James Leach, in an interview with television network CNBC. The committee will also look at whether the Fed's role in arranging the bailout was appropriate. The finance industry and law-makers in Washington are becoming increasingly perturbed by the New York Fed's role in prodding LTCM's creditors to come up with a bailout package. Some argue that it created a moral hazard by rescuing well-heeled and well-connected investors, some of whom included Wall Street luminaries who had taken excessive risks and should have been forced to wear the losses. Mr Rubin said it was wrong to label the rescue a bailout because the cash infusion was made by its private-sector counterparts and no public money was used. He declined to comment on whether the near-collapse of LTCM meant heavier regulation of hedge funds was warranted. But he said there were questions about the disclosure of risks hedge funds took on and the issue would probably be debated. The 11-member bailout consortium said it had organised the recapitalisation of LTCM to help prevent disruption in the global financial markets because bankruptcy could have forced the sale of billions of dollars in securities. The New York Times reported that LTCM used $US2.2 billion in capital from investors to buy $US125 billion in securities, and then used those securities to enter derivatives transactions with a nominal exposure of $US1.25 trillion. The investigation will also look at how LTCM, headed by former Salomon Bros trading head Mr John Meriwether, was able to borrow so much, with such scanty levels of disclosure to creditors. Many hedge funds either operate out of tax havens such as the Cayman Islands or the US. If incorporated in the US they can operate under a 1996 amendment to the US securities laws, or an exemption to the Investment Company Act. Hedge funds can accept $US5 million or more from individuals or $US25 million or more from institutions, who may number up to 50, or 99 depending on which law they are under. Capitol Hill has also been alerted by the LTCM crisis to whether over-the-counter derivatives – tailor-made derivatives that are not traded on regulated exchanges – should be regulated more closely. Dr Greenspan and Mr Rubin have assured Congress that the off-exchange derivatives do not need more federal oversight, and blocked a bid by the CFTC, which oversees the Chicago Mercantile Exchange, and the Board of Trade to expand its jurisdiction to cover OTC products. • Wall Streetafr.com.au