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Dear Fed: If it acts like a bank, regulate it like a bank!

Posted Jul 16th 2008 3:33PM by Douglas S. Roberts
Filed under: Other issues, Market matters, Money and Finance Today, Headline news, Federal Reserve, Recession

During the recent testimony by Fed Chairman Ben Bernanke, Treasury Secretary Hank Paulson and SEC Chairman Christopher Cox, it has become increasingly clear that the Federal Reserve will be forced at least in the near term to extend a financial lifeline to any and all U.S. financial entities that are too big to fail. This refers to entities whose failure cold endanger the U.S. economy and in some cases the global financial markets.

I have learned during my investment career to watch what the Fed does much more than what it says. This has been demonstrated by Chairman Bernanke's extension of the discount window to Fannie Mae and Freddie Mac in recent days despite initial indications by Secretary Paulson to the contrary. Hawkish talk remains just that, not action.

The discount window was initially intended only for regulated banks to prevent a meltdown of the financial system from bank failures. In return for this financial insurance, banks are regulated, including the charging of fees. One can debate the alternatives to such an arrangement. However, this regulatory framework will probably be with us for the foreseeable future.

Therefore, we now have a situation in which certain entities -- such as investment banks which are primary dealers, Fannie, and Freddie -- are getting a "free lunch." They get the benefits of being a bank without the burden of regulation. This "moral hazard" can result in inordinate risk-taking by these organizations.

I am reminded of the old saying, "If it looks and acts like a duck, treat it like a duck." In this case, " If it acts like a bank (with the associated risks of a meltdown to our financial system), regulate it like a bank."

Since there is no "free lunch" even on Wall Street, the government has no viable alternative at the moment. I know that this is an election year, and no one really wants to deal with this until after November. However, since Wall Street detests uncertainty even more than regulation, the executive and legislative branches must address this issue before the credit crisis will begin to resolve itself.

Doug Roberts is the Founder and Chief Investment Strategist for ChannelCapitalResearch.com, an independent research firm focusing on investment strategies using the Federal Reserve's impact on stock prices, and the author of Follow the Fed® to Investment Success: The Effortless Strategy for Beating Wall Street. He previously held executive positions at Morgan Stanley Group and Sanford C. Bernstein & Co.

Tags: banking industry, BankingIndustry, Bernanke, featured, Federal Reserve, FederalReserve, moral hazard, MoralHazard, regulations

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