Will the derivatives markets ever be regulated?


Will derivatives be eventually regulated? At the moment, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) are drafting legal language to submit to Congress on the details of regulating the derivatives markets. Just which agency will take the lead in overseeing these markets is not clear at this writing. The SEC is the older of the two agencies.

There had been some talk about merging the two agencies, but political pressure has all but ruled this out. It now looks like they will share the oversight responsibilities.

Speculation in the derivatives market was a major cause of the financial meltdown last fall. It wrecked the financial markets and was a principal cause of the recession that we are now experiencing.

In the United States, four large banks control more than 90% derivatives market. They are JPMorgan Chase & Co. (NYSE: JPM), Bank of America Corp ,(NYSE: BAC), Citigroup Inc. (NYSE: C), and Goldman Sachs Group Inc. (NYSE: GS).

Trading in over-the-counter (OTC) derivatives has exploded in recent years. Huge bets were placed on baskets of securities called collateralized loan obligations (CLOs) when traders didn't even know what was in the package and followed the rating agencies' ratings, which in most cases were bogus. The key to winning or losing gigantic profits was the leverage involved in these trades. Leverage here means that you put up a small amount of money and control an investment having a value worth hundreds or thousands times more than your margin. For example, the futures contract for the 30-year U.S. government bond is for $100,000. However, your margin is only about $3,000. The leverage comes into play on the price change, which is on the $100,000 not the $3,000. With this kind of leverage its easy to see that not only can you lose your original margin, but you can also lose money that you do not have, and your account goes in to deficit. So its easy to see how so much money was lost is such a short time last fall.

You can bet the farm that the four major banks that control the derivatives market have their lobbyists advising the SEC and the CFTC concerning the exact language that any regulation will take. We must keep in mind that, as of now, trading in CDOs and CLOs is a private transaction between the parties. Just how to bring this out in the open and regulate the trades will be the major stumbling block to any oversight.

Do you believe that any meaningful regulation will be enacted by Congress?

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Last updated: February 13, 2012: 05:01 AM

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