Tag Archives: Commodity Futures Trading Commission

Don’t Let Wall Street Offshore Its Recklessne​ss


Dogs Dealing Securities at JP Morgan, after Ca...
Dogs Dealing Securities at JP Morgan, after Cassius Marcellus Coolidge (Photo credit: Mike Licht, NotionsCapital.com)

by James Lardner

Much of the reckless gambling that caused the financial meltdown of 2008 took place outside U.S. borders. AIG received a $160 billion taxpayer bailouts for derivatives trades made in London. Bear Stearns was brought down by the failure of hedge funds based in the Cayman Islands. And more recently, JP Morgan’s “London Whale” lost billions on derivatives trades.

This is why the Dodd-Frank Act called for regulation of all derivatives trades that have “a direct and significant connection with” U.S. commerce. And it’s why the Commodity Futures Trading Commission (CFTC) has followed the law by drafting rules that cover all derivatives transactions, wherever they occur, with the potential to damage our financial security.

But now Wall Street is leaning on Congress to limit enforcement to derivatives traders physically based in this country. HR 1256, the “Swaps Jurisdiction Certainty Act,” would open a major escape hatch in financial reform. This bill would make it much easier for our biggest banks, which routinely channel their transactions through foreign markets, to escape U.S. oversight.

HR 1256 is set for a vote tomorrow – Wednesday, June 12. So there’s no time to waste.

Tell your representative to Vote No on HR 1256, a bill that would inevitably lead to a new surge of Wall Street recklessness.

Click here to find the name and phone number of your House member.  Or dial the Capitol switchboard at 202-225-3121.
You can report back here. 

Energy:The High Costs Of Oil


Although Wall Street traders and oil company executives are enjoying record returns, most Americans aren’t seeing the benefit of that economic success. Working families are still struggling to find steady employment while Tea Party officials cut taxes for corporations and services for everyone else. As the Progress Report warned a month ago, gas and food prices, inflated by international speculators, hammer the middle class. Rising gas prices are expected to inflate ExxonMobil‘s profits by more than fifty percent. Meanwhile, catastrophic weather fueled by decades of oil pollution is uprooting lives and adding to the uncertainty of the much-needed economic recovery. Rep. Paul Ryan‘s (R-WI) 2012 budget passed by the House Republicans compounds the threats by keeping billions of dollars in subsidies for oil companies while slashing investment in clean energy by 70 percent. While the GOP maintains a single-minded focus on subsidizing new oil drilling, even Goldman Sachs has admitted that “the price of oil has grown out of control due to excessive speculation.” President Obama has taken notice, laying out his “plans to address rising gas prices over the short and the long term” in his weekly Saturday address. “Instead of subsidizing yesterday’s energy sources, we need to invest in tomorrow’s,” Obama said. “We need to invest in clean, renewable energy. In the long term, that’s the answer.”

CURBING SPECULATORS: “Speculators today have about 70 percent of the open interest in the commodity markets,” explains hedge fund manager Michael Masters, who has founded the financial reform group Better Markets. “Ten years ago – they controlled roughly 30 percent of the market.” Commodities “index funds,” “which allow investors to bet on the price of several commodities at once,” have exploded in value from “about $15 billion in 2003 to $200 billion in 2008, and are currently valued at over $250 billion.” What the administration and others should do, which they have the power to do quickly, is impose position limits, which would stop excessive speculation now,” says Better Markets’ Dennis Kelleher. The Dodd-Frank legislation signed into law by Obama last year requires the Commodities Futures Trading Commission (CFTC) to set “position limits” on speculation, but the agency is planning to implement its proposed limits only by “early 2012, a year after the deadline set by lawmakers.” The CFTC has found that there are only about ten energy traders who are large enough to be affected by these position limits. “On CBS’s Face The Nation, Sen. Richard Blumenthal (D-CT) “called for an aggressive federal probe — including a possible grand jury — into whether rising gasoline prices stem from illegal manipulation of energy markets.” On Thursday, Obama “unveiled a new working group to combat any fraud or manipulation in the oil and energy markets” led by the CFTC and the Department of Justice. “If we can work more closely with the DOJ folks, we may be able to put more people in jail,” CFTC Commissioner Bart Chilton told The Huffington Post. By swamping the market, even without any deliberate fraud, these oceans of money swamp the traders who actually need to buy and sell the underlying commodities, such as oil producers and gasoline distributors. “A ban of both commodity index funds and exchange-traded funds that use commodity futures, removing much of this investment, would be an important and instantly measurable first step,” believes former oil trader Daniel Dicker. At a minimum, a transaction fee on speculators would keep the oil markets more reliable.

ENDING DIRTY SUBSIDIES: In his weekly address, Obama reiterated his call to “end the $4 billion in taxpayer subsidies we give to the oil and gas companies each year.” Americans of all stripes recognize that tax breaks and giveaways to oil companies need to be eliminated, despite the industry propaganda that these subsidies are needed to prevent high energy prices. When asked about massive subsidies given to the oil industry, even Tea Party activists have agreed with progressives that there is a structural imbalance in the political system towards corporate power. Many of the oil-industry subsidies come in the form of passing corporate risks onto American families: there have been no laws passed to protect our nation from oil disasters like BP’s, and companies like Koch Industries enjoy the multi-billion dollar subsidy of being able to emit millions of tons of carbon pollution for free — while communities foot the bill for our increasingly dangerous climate. Far from raising prices at the pump, eliminating these subsidies would instead reduce oil companies’ outsized profits and corporate paydays. If this Congress wants to take on the pain at the pump, it will support legislation to build a national infrastructure of electric charging stations for electric vehicles, deploy 21st-century high-speed rail, and curb oil profiteering by Wall Street.

GOP CARRIES WATER FOR BIG OIL: The GOP answer to Wall Street and Big Oil taking over our economic future is to give them even more power. The Ryan budget slashes the CFTC budget by nearly two-thirds, and would “slash investments in the research, development, and deployment of the clean energy technologies of the future.” As they work to lose the future, they also plan to roll out a new iteration of the “drill baby drill” marketing campaign in May. “House Republicans are planning bill introductions, hearings, markups and floor votes on legislation aimed at expanding domestic oil production in response to high gasoline prices.” “Now, the GOP controls the floor agenda and plans to use it when they get back from the two-week spring recess.” According to House Speaker John Boehner’s spokesman, “The White House and the rest of the Democrats who run Washington are terrified about the political impact of gas prices, because many of their policies — like the national energy tax — are explicitly designed to raise energy prices.” In reality, big oil profits go up with higher gas prices, and the only “national energy tax” is the cost of our national oil dependence. Speaker Boehner‘s office has the “concern” that Democrats are calling for investigations of market fraud “to distract from the real issue” of the “need to increase the supply of American energy.” In other words, they’re worried that the American public agree that oil companies and Wall Street need to be reined in, not left in charge of our energy policy. Even members of Boehner’s own caucus — like Rep. Tom Graves (R-GA) and Sen. Mark Kirk (R-IL) — admit the time has come to cut oil subsidies

Energy: Crude Profits


The cost of filling up a gas tank has shot up in recent weeks as oil trades at unusually high prices for this time of year. Oil prices have come down slightly since hitting a high of $106.95 a barrel two weeks ago — the highest price for a barrel since the record 2008 oil price hike — but early trading today has already pushed prices back up. The spike in the cost of oil this early in the year poses a serious threat to the fragile economic recovery, with experts saying that prolonged high gas prices could cripple economic growth at a critical time. Some economists are even warning that high oil prices could cost the economy up to 600,000 jobs. “[S]ustained rises in the prices of oil or other commodities would represent a threat [to] both to economic growth and to overall price stability, particularly if they were to cause inflation expectations to become less well anchored,” Fed Chairman Ben Bernanke warned Congress earlier this month. A new CNN poll of experts shows that “economists are most fearful of one major headwind [to recovery]: oil prices.” So what’s causing this spike in prices? One factor is Wall Street speculation. The government has new powers created by the Dodd-Frank Wall Street reform law to deal with this problem, but as part of their war on consumer protection regulation, Republicans have so far prevented this from happening.

WHAT’S BEHIND OIL PRICES: While there are several causes that contribute to rise in oil prices, many experts point to Wall Street speculation: hedge funds, investors, and big banks trying to make money by betting on the price fluctuation of oil and other commodities. Speculation in and of itself isn’t a bad thing — in fact, it’s necessary in moderation with proper regulation to help end users like airlines hedge against price fluctuation — but excessive speculation, especially when it is based on fear about inherently unknown future events, can artificially inflate the price of oil beyond the price that natural supply and demand forces would set. Experts concluded in 2008 that that year’s spike in oil and other commodity prices couldn’t possibly be explained by supply and demand forces, and that speculation must have played a role. “[T]here is substantial evidence that the large amount of speculation in the current market has significantly increased prices,” a House Homeland Security Committee report on oil prices from 2008 concluded. The same appears to be true today. While many blame high oil prices on the crisis in Libya, the country accounts for only 2 percent of the world’s output. More importantly, Saudi Arabia has vowed to make up for any shortfall in global supply by increasing its own production. So supply issues are not likely having a significant impact on prices. And despite conservatives’ scapegoating, President Obama’s policies are clearly not to blame either. Meanwhile, a commissioner of the Commodity Futures Trading Commission (CFTC) — the government agency charged with policing commodity speculation — said earlier this month that speculation on energy futures, including oil, is at an all-time high, jumping 64 percent even since 2008. Speculation was blamed by both Republicans and Democrats three years ago for oil prices, and even with conservatives’ tea party embrace of Wall Street today, several Republican congressmen, and conservative leaders have acknowledged that speculation is a driver of oil prices.

A SOLUTION: Recognizing the problem of oil speculation, Congress gave the government new powers to protect consumers and help ensure market stability with the Dodd-Frank Wall Street reform law passed last year. The law gives the CFTC the ability to limit “excessive speculation” by limiting the bets speculators can make. The law expanded the CFTC’s authority to regulate the entire market for the first time. While futures — bets on the future prices of commodities like oil and wheat — were regulated before the law passed, traders could choose to instead purchase “look-alike” futures that were not subject to regulation. Dodd-Frank changes this by allowing the CFTC to “impose a uniform set of rules across exchanges and the over-the-counter market, replacing a patchwork of inconsistent restrictions for different venues and commodities.” Curbing regulation could help make these markets more stable and transparent, and help bring down the cost of oil.

DEFENDING WALL STREET: But the CFTC has so far failed to take up this responsibility and write the rules that would rein in oil speculators. The agency missed a January deadline to file new rules because of opposition from the commission’s Republican members and one of its Democrats, CFTC commissioner Michael Dunn. The agency’s chairman, Gary Gensler — a Democrat and former Goldman Sachs banker — has taken a lead in advocating strong new rules on speculation, but the Republican commissioners have been foot dragging to defend Wall Street’s profits, making Dunn the swing vote. Dunn has said he does not have enough information to sign off on new rules, despite the fact that the agency has received hundreds of public comments and held at least 75 meetings with experts, stakeholders, and the public on the matter. But Dunn’s term is ending this summer, giving President Obama an opportunity to appoint someone who is willing to follow the law and rein in speculation. But the CFTC faces another threat from Republicans on a different front. H.R.1, the House Republican approved spending plan for the remainder of 2011, includes a nearly one-third cut in the CFTC’s budget. Such a draconian cut would require the CFTC to lay off more than 30 percent of its staff. Moreover, House “Republicans are threatening repercussions for regulators that ignore their concerns.” “We’d have to have significant curtailment of our staff and resources,” CFTC Chairman Gensler said. “We would not be able to police…or ensure transparent markets in futures or swaps.” The Republican effort to take cops off the oil trade beat would allow speculators to continue to drive up prices, ensuring even bigger profits for oil companies.