For any of those who missed it, a few weeks back the PBS news magazine Frontline ran a fascinating yet disturbing report on how a warning was ignored about the dangers of unregulated OTC derivatives markets, markets eventually made infamous for the toxic assets which nearly brought down the global financial system.
The report told the story of one Brooksley Born, an accomplished lawyer and the head of the CFTC (Commodities and Futures Trading Commission) under President Clinton. Born became very concerned about the danger of unregulated derivatives markets after incidents like the Banker’s Trust derivatives fiasco of the early ‘90s which showed how opaque these markets were - indeed they were referred to as a black box. Born thought it a good idea to open the box and peer in with a flashlight to see what was going on. As the head of the CFTC, she had the authority to act on derivatives regulation - authority that only Congress could take away. Treasury Secretary Rubin, Fed Chairman Greenspan, and SEC Chairman Levitt became so concerned that Born was going to act on her authority that they called for hearings to strip the CFTC Chair of that authority. They hauled Born in front of the Senate Finance Committee where she was put through the ringer. “What are you trying to protect?” she was asked over and over again as Rubin, Greenspan, Levitt and Larry Summers looked on. She replied “We are trying to protect the money of the American public.”
A decade later the money of the American public put at risk by unregulated derivatives would be on the order of trillions of dollars.
Brooksley Born used reasoned arguments to convey the urgent need for derivatives regulation. She was stopped by those who felt their financial interests being threatened.
And isn’t that exactly what’s been going on for the last 30 years around the issue of climate change? For decades scientists and others have been issuing warning after warning, with ever increasing urgency - and the response from most politicians has been “Where’s the risk? I don’t see any problem.” And the reason for inaction is the same – financial interest.
Rubin, Greenspan and Summers have never admitted error in the Born affair. But Arthur Levitt has spoken out. He admits he was swayed by Rubin and Greenspan. “I was told she was irascible difficult, stubborn and unreasonable.” He now calls Born one of the finest public servants he has ever come to know, and he regrets his actions against her. “I should have acted differently. I could have made a difference.”
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