Investor advocates counter that cutting out leveraged loans from the investor protections nearly all other investments enjoy is ridiculous. “Without securities laws, this market becomes a wild west of sorts,” says Andrew Park of Americans for Financial Reform. “The issue is not sophistication. Sophisticated investors couldn’t know themselves that the DOJ was investigating Millennium for Medicare fraud.”
“The International Monetary Fund, the Federal Reserve, and the Bank for International Settlements have been warning of the risk of the growing leveraged loan market for several years. Despite this it has continued to grow,” said Andrew Park, senior policy advisor at the investor advocacy group Americans for Financial Reform.
“What we hear most from those opposed to higher capital requirements has been fairly qualitative and not grounded in robust data,” said Alexa Philo, a senior policy analyst for the consumer advocacy group Americans for Financial Reform and former Federal Reserve bank examiner. “I have not seen a credible data driven study that makes this case.”
“Cox compares the restrictions on bank M&A with the Herfindahl-Hirschman Index, first developed as a way to calculate concentration in the airline industry,” said Alex Philo, senior policy analyst at Americans for Financial Reform. “The Department of Justice allows this to go up to 2,500 in other sectors, says Cox, but for banks, the limit works out at 1,800, and an acquisition can cause a bank’s index to jump by 200 points.”
A 2022 research memo from Americans for Financial Reform, a nonpartisan nonprofit coalition, found that private equity firms are now landlords to at least 1.6 million families across the United States. This figure is likely an underestimate.
The recommendation of requiring a minimum number of holdings to qualify as an ETF would also effectively make single-stock ETFs illegal, Park noted. “We decided that recommendation was going to be a distraction,” Park said. “Effectively, the genie is out of the bottle on this.” “There’s a difference between losing money because you made a bad trade and losing money because you didn’t know how the product worked,” Park said.