Financial Regulation

President-Elect Joe Biden’s choice to name Janet Yellen as his Treasury Secretary represents a tremendous opportunity to take executive action on the issues most pressing to all Americans. Here are just some meaningful actions the next Treasury Secretary could take without having to go through Congress.

Janet Yellen has had a long and distinguished career in the academy and in public service. Like anyone with such a lengthy career, there have been misses along the way. And RDP and other progressives will be sure to speak out in the future should any of them resurface. But Yellen’s commitment to fighting unemployment and the conventional wisdom has been the through line of her career. The differences between the worldviews of Janet Yellen and Tim Geithner, President Obama’s first Treasury Secretary, could hardly be more stark.

The Democratic base, still scarred from the 2016 election, is frantic not to count its chickens before they hatch. But Wall Street and corporate America have no such qualms. As Joe Biden leads in national polls and swing states, the most powerful firms in the country are seeking assurances that his administration won’t crack down on their crimes.

It might be a shock to hear that government is “not good” at financial deregulation, given how it’s seemingly the one thing that’s popular on both sides of the aisle. But Mulvaney’s complaint is instructive; he’s frustrated that the civil servants who actually make the executive branch run happen to care about doing their jobs properly.

As numerous civil rights and racial justice organizations have highlighted, changes to the Office of the Comptroller of the Currency’s (OCC) regulations on digital activities are likely to have far-reaching consequences as it regards economic and racial equity. Specifically, these changes risk leading to disparate impact, “digital redlining, “predatory inclusion,” and enhanced surveillance. Given the seriousness of this rulemaking’s potential consequences, the OCC should do all that it can to ensure that the public has the utmost confidence in the integrity of the rulemaking process. Sadly, in allowing that process to move forward under the leadership of an acting official with severe conflicts of interest, the Office is rendering public trust in it impossible.

Last month, Comptroller of the Currency Joseph Otting, announced that he would be stepping down from his post effective May 29. The former First Deputy Comptroller of the Currency, Brian Brooks, has taken his place in an acting capacity. Although he is now one of the country’s top banking regulators, Brooks – who only joined the Office of the Comptroller of the Currency (OCC) – remains a relatively unknown figure. Here is what we know (and more troublingly, what we don’t know) about the new acting Comptroller.

This crisis has shattered any illusions that our post-financial crisis framework is resilient enough to withstand the challenges of the future. Coronavirus has, in particular, uncovered one of our most fundamental, persistent weaknesses: our continued inability to anticipate and prepare for new financial risks. For this ill-preparedness, we have powerful actors like BlackRock, the asset management giant and political titan, to thank. In an effort to avoid more stringent regulation, BlackRock and others not only evaded scrutiny for their own contributions to systemic risk, but virtually destroyed the mechanisms designed to examine such risk across the wider economy.

The way our financial regulatory system is constructed means that true accountability for Wells Fargo cannot ultimately flow from the committee hall. Instead, it must come from the cabinet departments and federal agencies which hold the power to prosecute, fine, and regulate our big banks.

Eleanor Eagan
Rep. Ayanna Pressley introduced legislation last week to require the CEOs of the country’s largest banks to testify before Congress at least once per year. While this might seem a perfectly run-of-the-mill measure from an outside vantage point, it is a marked departure from this Congress’ aversion to most oversight (especially of corporations). Indeed, most members of Congress have shown no appetite for the type of populist, corporate oversight for which we at the Revolving Door Project have advocated. Pressley, along with a handful of other freshman Democrats (and Rep. Maxine Waters) are notable exceptions. It is long past time that their approach became more mainstream. 

The Wall Street Journal reported recently that Freddie Mac, the government-sponsored mortgage giant, is testing underwriting software from fintech firm ZestFinance. A creation of ex-Google executive Douglas Merrill, ZestFinance claims to use machine learning and artificial intelligence to spot trends in a borrower’s record that traditional lending models miss. This supposedly allows more credit to flow to borrowers who need and can afford it, allowing Freddie to issue more mortgages.

Securities and Exchange Commissioner Robert Jackson might be leaving office in the coming months—well before he would be required to by law. The public was first made aware of this possibility when his name showed up on a list of people who would be teaching courses at NYU Law School this fall. Remarkably, Jackson has not issued a statement clarifying the situation and making it known if or when he plans to depart—and whether he might leave the SEC with just one, or even zero, Democratic commissioners.

Eleanor Eagan and Jeff Hauser
The financial industry has been the driving force behind some of the most damaging economic trends of our time. In spite of this fact, since the spasm of reform reflected in the Dodd Frank Act, financiers have faced very little scrutiny from lawmakers. Instead of regulating the industry, many governing officials from both parties have chosen to collect campaign checks in exchange for helpful votes. Maxine Waters has rejected this complacency in favor of aggressive oversight. The committee’s failure to oversee the industry for so long, however, has left a significant backlog of issues to examine, in addition to the plethora of new and novel issues emerging under this administration. In an effort to help advocates and members of the public understand the scope of the task that the House Financial Services Committee (HFSC) faces, the Revolving Door Project has compiled a list of problems that deserve the committee’s scrutiny.

On Thursday, May 2nd, the Revolving Door Project, in conjunction with the Demand Progress Education Fund and Color for Change, submitted a comment to the Federal Deposit Insurance Corporation (FDIC) and the Federal Reserve System Board of Governors regarding the proposed merger between Branch Banking and Trust Company (BB&T) and SunTrust Bank. This comment raised numerous concerns related to the implications of this merger, the largest since the financial crisis, and the integrity of the process by which it will be approved.