Former SEC Member Blames Regulatory Gaps and Overlaps

London - 12 October 2009

Speaking exclusively to EuroFinance, the specialists in treasury thought leadership, just one week before addressing the 18th International Cash and Treasury Management conference in Copenhagen, Harvey Goldschmid, former commissioner of the Securities and Exchange Commission, today claimed that the financial crisis unfolded in part because large sections of the industry were unregulated, while other parts were simply badly regulated, typically by overlapping agencies. But he insists that one scapegoat – fair value (or “mark-to-market”) accounting, was not to blame for the financial crisis.

Harvey Goldschmid is co-chair of the Financial Crisis Advisory Group and Dwight Professor of Law at Columbia Law School, New York. He was a commissioner of the SEC between 2002 and 2005. Expanding on his earlier viewpoint, he added, “Hedge funds, private equity and derivative products – all were not being covered in the United States by any realistic oversight, and that’s unwise.”

Moreover, “the way we were overseeing the private sector left a lot to be desired: the Office of Thrift Supervision (OTS) was a very weak agency, and yet it had some key banks that went under – Washington Mutual, among others.” Professor Goldschmid predicts further consolidation of bank regulators in the wake of the Obama administration’s proposals to merge OTS with the Office of the Comptroller of the Currency (OCC).

But while many people have blamed “fair value” accounting for the financial implosion because it forced banks to record huge losses on toxic assets and crippling damage to their balancer sheets, Professor Goldschmid believes that the much-criticised accounting requirement actually provided much-needed transparency. “It clearly helped to expose the [banks’] vulnerabilities at an earlier point than might have been the case otherwise,” he added. “So that was very healthy. ‘Fair value’ was helpful overall and not at all the cause of what went wrong.”

Andrew Sawers, editorial director, EuroFinance, commented, “It’s very refreshing to hear someone of the stature of Professor Goldschmid lay the blame where much of it belongs, and not use financial reporting regulations as a ‘shoot-the-messenger’ scapegoat. Our audience of corporate treasurers will be very interested to hear what else he has to say when he addresses our conference.”

Professor Goldschmid offered these words for the treasurers who are about to meet in Copenhagen, “They are living in interesting times – without it necessarily being a Chinese curse. It’s a dynamic period and they’re just going to have to keep up.”

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