U.S. Government Auditors Urge
Tighter Broker-Dealer Oversight
By MICHAEL SCHROEDER
Staff Reporter of THE WALL STREET JOURNAL
WASHINGTON -- Government auditors admonished top financial
regulators for failing to recognize sooner the perilous condition of
Long-Term Capital Management LP, the hedge fund that threatened to
disrupt financial markets in the fall of 1998.
In calling for tighter regulatory oversight of broker-dealers, the General
Accounting Office said the Federal Reserve, Securities and Exchange
Commission, and Commodity Futures Trading Commission overlooked
lapses in risk-management practices at banks and securities firms. "In
particular, federal regulators were ineffective in coordinating their
regulatory efforts to identify potential risks across industries and markets,"
the GAO said in a report issued Friday.
In September 1998, the Fed orchestrated a $3.63 billion private-sector
bailout of Long-Term Capital, based in Greenwich, Conn., to avert a
possible meltdown in the financial markets. The hedge fund, which was
operated by a team of well-regarded Wall Street executives and Nobel
laureates, was financed with as much as $125 billion in loans from major
banks and securities firms. After the debacle, two lawmakers asked the
GAO, the investigative arm of Congress, to evaluate the government's
response to LTCM and to consider how regulators can better avert such
episodes in the future.
The agency's report comes on the heels of separate studies on hedge funds
and derivatives prepared by the President's Working Group on Financial
Markets, which includes top officials at the Treasury, Fed, SEC and
CFTC.
In April, the Working Group called for banks and securities firms to
develop better risk-assessment tools. The regulators also proposed
more-detailed disclosures from hedge funds, which are largely unregulated
investment companies that cater to wealthy investors.
In another study issued earlier this month, the panel recommended against
new regulation of the multitrillion-dollar over-the-counter financial
derivatives market. Hedge funds are big users of OTC derivatives, which
include swaps and other off-exchange transactions that are used to hedge
against unexpected movements in interest rates, currencies, commodities
or
other underlying securities.
Regulators already have begun implementing some of the things the GAO
has proposed, including doing a better job of coordinating the way they
examine lenders. But the GAO report said the regulators' proposals fall
short in an area that would leave some lenders "without firmwide
risk-management oversight by financial regulators." For instance, the report
recommended that Congress enact laws to give the SEC and CFTC
authority to oversee unregulated affiliates of Wall Street firms and futures
dealers that are marketing an increasingly bigger slice of the derivatives
business. While the regulators have full authority over registered
broker-dealers and futures merchants, their ability to assess the risk
of
portfolios is hampered because unregulated affiliates are growing so fast.
In
1998, for instance, the assets held in affiliates of the four largest firms
had
grown to 41% from 22% in 1994.
The two lawmakers who requested the GAO study, Sen. Byron Dorgan
(D., N.D.) and Rep. Edward Markey (D., Mass.), introduced legislation
last week that would grant the regulators new authority to oversee
affiliates. The measure likely will face opposition from broker-dealers
and
investment banks, which have threatened to move operations out of the
country if new regulations and reporting requirements are imposed.
"Working Group representatives testified to Congress that they found no
meaningful difference in the way the regulated and unregulated firms had
performed. So there was no justification for extending regulation to new
types of firms," said Mark Brickell, a managing director at J.P. Morgan
&
Co.
Write to Michael Schroeder at mike.schroeder@wsj.com