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Barney Frank's plan for regulating derivatives comes up short

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House Financial Services Committee Chairman Barney Frank has a new proposal to regulate bank transactions. Some of it is OK and some of it perpetuates the abuses that brought Lehman and other financial institutions to their knees.

First the OK part. Frank's proposal would require over-the-counter derivatives to be traded on listed exchanges and sold on exchanges or processed through a regulation platform. This is not good enough. We need transparency for each and every trade done by each and every financial institution. That means that all trades must be done on a listed exchange and cleared through a clearinghouse. All of this data can be put on computers and monitored daily. Then if some trader goes beyond established guidelines, he will be shut down immediately.

The second and most devastating aspect of the Frank proposal is that it does not bar naked short sales. Naked short sales are when a trader sells a security without first borrowing it from another firm. Mr. Frank, please review the naked short sales of Lehman Brothers just before its collapse. Do you know how many naked short sales there were? An astounding 38.2 million shares were naked short sales.

Now, your committee can start over and really tackle bank regulation. Don't be afraid to step on the bankers' toes. We simply cannot let them take our country down again. There must be tough, enforceable regulations.

Do you agree that we need tough, enforceable financial regulations?

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Last updated: November 25, 2009: 08:43 AM

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