Marcus Stanley, policy director for Americans for Financial Reform… questioned the SEC’s proposal [for a derivatives exemption]. “We have lots of doubts and questions here about the direction they’re going,” Stanley said. “If they’re going to permit foreign subsidiaries of U.S. banks to sidestep the clearing and exchange trading requirements even for transactions conducted in the U.S., that’s a problem.”
“We are concerned that the Securities and Exchange Commission — which has always prided itself on serving as ‘the investors’ advocate’ — appears in recent years to have strayed from its primary focus on its investor protection mission,” the letter stated. “Given the vital role that average investors play in our markets and the overall economy, and the serious shortcomings that exist in the regulatory protections they receive, it is time in our view for these issues to be prioritized.”
AFR and five other consumer advocacy organizations, sent a letter to SEC Chair Mary Jo White detailing key investor protections that the SEC has failed to take, and urging Chair White to act on them.
AFR and 9 other organizations sent a letter to Chair Mary Jo White expressing concern over the exclusion of Professor Joseph Stiglitz from the SEC Market Structure Advisory Committee. The letter urges the SEC to reconsider, or to provide more detail regarding how it arrived to its decision.
Supporters of a rule that would require public companies to disclose the ratio between executive and median employee pay say the Securities and Exchange Commission should move soon to enact the regulation. “It’s one of the simplest, most straightforward Dodd-Frank rules,” said Marcus Stanley, policy director of Americans for Financial Reform.
“On behalf of Americans for Financial Reform (AFR), we write today to ask you to ensure appropriate regulatory oversight of derivatives transactions conducted through foreign subsidiaries of multinational Wall Street banks. In particular, we urge you to prevent the inappropriate classification of such derivatives as ‘non-guaranteed’ by the parent company, a classification which could exempt them from numerous critical derivatives regulations.”
Section 953b of the Dodd-Frank Act requires banks and other large public corporations to disclose the pay of their CEOs as a multiple of the pay of their median employees. Of the 400-odd rules mandated by Dodd-Frank, this one is arguably the simplest. But CEOs have lobbied against it both at the SEC and in Congress, and four years after the law was enacted, the Securities and Exchange Commission has yet to put the pay-ratio provision into effect.
“This rule is not a cure-all or a magic bullet,” says Lisa Donner, executive director of Americans for Financial Reform. “It’s relevant information for investors about how a company works. This disclosure is one piece of the puzzle, but it’s useful to have public and standard — or relatively standard — information.”
“Overall, this rule is disappointing. It continues to leave a major gap in regulatory authority regarding the application of U.S. law to foreign subsidiaries of U.S. banks. Specifically, while the rule applies U.S. jurisdiction to cases where a foreign subsidiary’s swap counterparty has legal recourse to the U.S. parent bank for the performance of a specific swap, it does not extend jurisdiction to cases where the parent U.S. bank is implicitly or even explicitly committed to guarantee the subsidiary in general.”
“One scam is to fire employees of the private equity firm and rehire them immediately as ‘consultants.’ The investors are responsible for consultants’ salaries, where private equity employees are paid out of their own pockets. Another is taking what most private equity investors believe to be part of management fees, things like legal and compliance costs, and billing their investors for them without the investors properly knowing it. A third is private equity firms lying about the valuation methods they use to tell investors about the returns they make each year. All of these are ways for private equity firms to take money from their investors for themselves.”